LEGAL APPROVAL
DEVELOPMEk. ')RDER OF THE CITY COMMISS(l".-4 OF THE
CITY OF BOYNTON BEACH, FLORIDA
. PROJECT NAME: Orchard Landing
APPLICANT'S AGENT: M. Jeffrey Semko
APPLICANT'S ADDRESS: 1815 High Ridge Road, Lake Worth, Florida 33461
DATE OF CITY COMMISSION PUBLIC HEARING: November 4, 1998
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TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum frontage)
LOCATION OF PROPERTY: East side of U.S. 1 approximately 185 feet south of Golf Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
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City Clerk
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Orchard Landing\ZNCV 98-011\Oevelopment Order - zncv.doc
EXHIBIT "D"
Conditions of Approval
Project name: Orchard Landing
File number: ZNCV 98-011, Case No. 258
Reference: Zoning Code Variance Application dated 7/28/98.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORE S TER/ENVIRONMENT ALIST
Comments: NOlIe X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. It is recommended that this request be denied. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Property shall not be built in excess of 20 units. X
MWRJdim
J:ISHRDATAIPLANNINGISHAREDlWP\PROJECTSIORCHARD LANDINGIZNCV 98.o11ICOND. OF APPR-ZNCV.DOC
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
NOVEMBER 4.1998
1. Proposed Resolution No. R98-182 Re: Ratification of South
Central Regional Wastewater Treatment and Disposal Board Action
of October 15, 1998:
a. Authorization to expend $8,500 from Sinking Fund to replace
#1 RAS Motor "B" Plant
2. Proposed Resolution No. R98-183 Re: Approve Water
Service Agreement for YMCA of South Palm Beach County dba
YMCA of Boca Raton
3. Proposed Resolution No. R98-184 Re: Authorizing the
Mayor to sign a one-year lease (June 1, 1998 to May 31, 1999) for
City Hall in the Mall with Boynton JCP Associates, Ltd., a Florida
Limited Partnership
4. Proposed Resolution No. "R98-185 Re: Approving the first
addendum to Gateway Interlocal Agreement with Palm Beach
County
At Commissioner Titcomb's request, Resolution C.4 was removed from the Consent
Agenda for commentary.
O. Ratification of Planning & Development Board Action:
1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately
185' south of Golf Road - Request for variance approval to allow a
75' reduction from the required 100' minimum lot frontage
requirement; a reduction to 25', in preparation for construction of 20
condominium units on flag-shaped parcel (TABLED ON 9/15/98-
KEEP ON TABLE UNTIL 11/4/98)
Attorney Cheraf requested that Item 0.1 be removed from the Consent Agenda for
discussion.
2. Ridgeway Plumbing (Robert Fetrow, PE) - 640 East Industrial
Avenue - Request for major site plan modification approval to
construct 18,475 square foot addition
3. Ridgeway Plumbing (Robert Fetrow, PEl - 640 East Industrial
Avenue - Request for appeal from Chapter 7.5. Article II, Landscape
Code, Section 5(E) to avoid placing a perimeter landscape buffer
7
MErnNG MINUTES
REGULAR CITY tOMMISSION
BOYNTON BEACH, flORIDA
OCTOBER 6, 1998
13. Proposed Resolution No. R98-169 Re: Approving and ratifying the
collective bargaining agreement between the City of Boynton Beach and
the Boynton Beach Association of Firefighters, IAFF Local 1891, for the
contract term commencing October 1, 1997 through September 30, 1998
and authorizing the Mayor to execute a Letter of Understanding
accompanying said contract bargaining agreement
14. Proposed Resolution No. R98-170 Re: Authorizing and directing the
Mayor and City Clerk to execute an interlocal agreement between the City
of Boynton Beach and the Solid Waste Authority of Palm Beach County,
providing for municipal recycling and grant management
15. Proposed Resolution No. R98-171 Re: Ratifying the hiring of an
Assistant City Attorney and authorizing the Mayor and City Attorney to
enter into an appointment contract with Nicholas I. Igwe
Item IV-C.15 was added to the Consent Agenda during agenda approval.
D. Ratification of Planning & Development Board Action:
1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9/15/98 - KEEP ON TABLE UNTIL
11/4/98)
2. Star-All - North of. Boynton Beach Boulevard, west of 1-95 on Industrial
Way - Request site plan approval to construct an 84,830 square foot self-
service storage facility on a 4.353 acre parcel of land - TABLED TO
10/06
3. Fidelity Federal- (2505 Woolbright Road; northeast comer of Woolbright
Road and Congress Avenue) - Undsey Walter, Kilday and Associates, Inc.
- Request for site plan approval to construct a 4,200 square foot bank
building and Associated parking on a 1.02 acr.' parcel of land.
At Commissioner Denahan's request, Item D.3 was removed Trom the Consent Agenda for
discussion.
4. Auto Care Centers of America (Southeast comer of Woolbright Road and
Congress Avenue) - Annette Stauffer, Sign Craft - Request approval for
sign program (TABlED TO ~O/O6)
At Commissioner Titcomb's request, Item 0.4 was removed from the Consent Agenda for
discussion.
7
MEEnNG MINUTES
REGULAR CITY COMMISSIOI'4
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
3. Orchard Landing (M. Jeffrey Semko) - (East of US #1
approximately 185' south of Golf Road) - Request for variance
approval to allow a 75' reduction from the required 100'
minimum lot frontage requirement; a reduction to 25', in
preparation for construction of 20 condominium units on an
irregularly-shaped parcel
Item IV-D.3 was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz.
4. Golfview Harbour 3rd Section Plat (City of Boynton Beach) -
(Southeast corner of south Congress Avenue and SW 23rd
Avenue) - Request for approval of abandonment of utility and
drainage easements lying in Block 18, together with the utility
easement lying between Lots 35 and 36, and drainage easement
lying between Lots 28 and 29, both of Block 16, located in a
portion of the plat of Golfview Harbour 3rd Section
5. Original Pancake House (Hendrik DeMello) - (Northside of
Gateway Boulevard, immediately east of the Hampton Inn) -
Request for variance approval to reduce the required side
setback from 20' to 16' to allow sufficient space for a proposed
restaurant and required parking
Item IV-D.S was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz.
6. Original Pancake House (Hendrik DeMello) - (Quantum Park -
Lot 1) - Request for site plan approval to construct a 4,710
square foot restaurant on a 1.15 acre parcel of land and
associated parking
Item IV-D.6 was removed from the Consent Agenda at the request of Commissioner TItcomb.
7. Semsco International Office/Warehouse (Ron Last of Lawson,
Noble and Webb, Inc.) - (Lot 15, High Ridge Commerce park)-
Request for site plan approval to construct a 4,487 square foot
office/warehouse building and associated parking on a 1.27 acre
parcel of land
8. Auto Care Centers of America (Annette Stauffer, Sign Craft) -
(Southeast corner of Woolbright Road and Congress Avenue) -
Request approval for sign program
E. Approval of Bills
F. Approve direct purchase and prepayment of HVAC equipment from
Trane Corporation for the 1913 Schoolhouse
5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
G. Approve Code Compliance Board action to reduce the lien in Case #97-
3346 from $5,300 plus administrative costs to $1,000 plus
administrative costs for a tota~ of $1,730.15 for Next Boynton
Development - TABLED ON 9/3/98
Item IV-G was removed from the Consent Agenda at the request of Commissioner Denahan.
H. Approve Code Compliance Board action to reduce the lien in Case #97-
3347 from $5,300 plus administrative. costs to $730.15 for Next
Boynton Development - TABLED ON 9/3/98
Item IV-H was removed from the Consent Agenda at the request of Commissioner Denahan.
I. Approve Code Compliance Board action to reduce the lien in Case #97-
3379 from $5,300 plus administrative costs to $730.15 for Next
Boynton Development- TABLED ON 9/3/98
Item IV-I was removed from the Consent Agenda at the request of Commissioner Denahan.
J. Approve request submitted by Elliott Williams, 1998 American Heart
Walk Chair, to hold the Boynton/Delray Beach Heart Walk on Saturday,
October 3, 1998 beginning and ending at Motorola from 7:30 a.m. to
11:00 a.m.
K. Approve request submitted by Bruce Black seeking permission to close
West Ocean Avenue from Seacrest to 1st Street in order to have a block
party on Saturday, September 19, 1998
L. Approve "Search for the Stars" Musidest and Block Party on October 2,
1998 from 6:00 p.m. until midnight in the 500 Block of East Ocean
Avenue
M. Approve SHIP funds in the amount of $14,500 to Catherine Allen, a
first time homebuyer, to purchase the property located at 318 NE 20th
Avenue ~
Motion
Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items
IV.D.l, IV-D.2, IV-D.3, IV-D.5, IV-D.6, IV-G, IV-H and IV-I. Commissioner Denahan seconded
the motion that carried 4-0.
CONSENT AGENDA ITEMS FOR DISCUSSION-=-
When Vice Mayor Jaskiewicz indicated that she wanted to discuss Item IV-B2, Mayor Taylor
requested a motion to remove that item from tl)e Consent Agenda.
6
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