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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent l. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment October 27, 1998 Unruh, Smith and Associates 105 South Narcissus Ave. West Palm Beach, FL 33401 Re: File No,: Location: ABC Fine Wine and Spirits ZNCV 98-014 Northeast comer Boynton Beach Blvd, and Winchester Park Blvd. Enclosed is the City of Boynton Beach Development Order for zoning code variance approval granted on October 20, 1998. Should you have any questions regarding this matter, please feel free to contact this office at (561 )742-6260. Sincerely, ~?~L- Z-- -Z--- Michael W. Rumpf Acting Planning and Zoning Director MWR:jma J:\SHRDA T AIPLANNING\SHARED\WPIPROIECTSIABC FINE WINEIDEVELOPMENT ORDER L TR.DOC America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE C'-Y OF BOYNTON BEACH, FLORlr - PROJECT NAME: ABC Fine Wine and Spirits 'APPLlCANTS AGENT: Unruh, Smith and Associates APPLICANTS ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401 DATE OF CITY COMMISSION RATIFICATION: October 20,1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (parking space ratio) (ZNCV 98-014) LOCATION OF PROPERTY: Northeast corner Boynton Beach Boulevard and Winchester Park Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA TIER 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 JHAS 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 J 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 teC~II"'II"1 and conditions of this order. ~\\\~o Y N IOllllij/. ~ v 1r ~ .;:::. ~ ........... ..L\. 'l .::::; 0 ....~POA .... '.7 ~ 7. Other ~.. lcP '1~". ~ ~ :: I- i~ 0\ 0 ~ / {~ g 0 \ } :r: ~ DATED: CC~ of"'. /998 \.ILt~~~ ~/~~ ~ .....~929../ f City lerk ~ ~l.';"'~O ~ # J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev. Orders\DEVELOPMENT ORDER REV.doc "/IIIIIIIIIII~\\\\\\\\"'\; EXHIBIT "F" Conditions of Aooroval Project name: ABC Fine Wine and Spirits File number: ZNCV 98-014 (Number of Parking Stalls) Reference' Aoolication dated Seotember 8 1998 . 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 P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. The landscaping of Boynton Beach Boulevard frontage be enhanced and X foundation landscaping added. Page 2 ABC Fine Wines and Spirits File No.: ZNCV 98-014 DEPARTMENTS INCLUDE REJECT - ADDITIONAL CITY COMMISSION CONDITIONS 2. To b~ aetwnincd.,. N'~.N6' /' MWRJdim J:ISHRDATAIPLANNINGISHARED\WPIPROJECTSIABC FINE W1NEIZNCV\COND. OF APPR.DOC -- --~'-'----"-'"--------~------------ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 3. Proposed Resolution No. R98-175 Re: Approving the renewal of a contract with Children'sServices Council (CSC) for the 1998-99 fiscal year Latchkey Afterschool Program in the amount of $43,672 4. Proposed Resolution No. R98-176 Re: Approving a lease agreement with Seminole Harley Davidson to lease, for one year, a D.A.R.E. motorcycle At Commissioner Denahan's request, this item was removed from the Consent Agenda for discussion. 5. Proposed Resolution No. R98-177 Re: Releasing the balance of surety for the Vinings Plat 1 and Vinings Plat 2 in the amount of $11,887.02 and $11,000 respectively 6. Proposed Resolution No. R98-178 Re: Supporting the enhanced practical training for Drivers Education Programs in our schools and the funding mechanism for this program by means of a $2.00 surcharge for first-time drivers license fees or other similar funding programs D. Ratification of Planning & Development Board Action: 2. fi vt 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/!J8) Robert Bordelon - (2616 SW 4th Street) - Request for approval of a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2.a to allow a 5.0 foot reduction from the required minimum side yard setback of 10.0 feet for the purpose of constructing an addition to a Single-family structure in the R-1AA zoning district, within the Ridgewood Estates Subdivision ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow for a reduction in the required ratio of one (1) parking space per 200 square feet to one (1) parking space per 225 square feet; which represents a reduction from 45 spaces to 40 spaces to be required for this single retail store ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow a 34 foot reduction from the required minimum 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 driveway distance from an intersection of 180 feet to 146 feet to allow access to the planned site for this single retail store ~/ ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow a 36.83 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 143.17 feet to allow access to the planned site for this single retail store. 6. St. Joseph's Episcopal Church and School (3300 S. Seacrest Boulevard) - Request for conditional use approval to construct the addition of a 4,543 square fpot youth and day care center in the northwest corner of the campus E. Approval of Bills F. Approve the purchase of three Heil Starr System Automated Garbage Collection Vehicles - Sole Source Purchase Requested At City Manager Willis' request, Item IV-F was removed from the COnsent Agenda and renumbered as Item V-A in order to allow for a presentation. G. Approve the purchase of three PhysioControl UfePak 12 cardiac monitors per 1998/99 budget approval At Vice Mayor Jaskiewicz' request, this item was removed from the Consent Agenda for discussion. H. Approve the purchase of one Ransome AR 250 5-gang rotary mower to replace one Toro 450D as scheduled 1. Ratification of Code Compliance Board action: a. Approve reduction of the lien in Case #96-4671 (M. C. & Jeannette McRoy - 230 NW 11th Avenue) from $2,400 plus administrative costs to $250 At Commissioner Denahan's request, this item was removed from the Consent Agenda for discussion. J. Approving Task Order #26A for CH2M Hill for a maximum of $74,470 to be paid on a time and expenses basis K. Approve the purchase from D. M. Data baCkup memory and RAID adapter for the RMS computer system in the Police Department 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of jtems ~ C.2, C.4, G, F, and I. Commissioner Denahan seconded the motion that carried unanimously. ~ CONSENT AGENDA ITENS FOR DISCUSSION: C2. Proposed Resolution No, R9S-.174 Re: Requesting assistance in the amount 0' $9S7,000 From local, state and national elected representatives to assist with Funding our new senior adult center Vice Mayor Jaskiewicz announced that our senior center would provide recreation, a nutrition program and social services for seniors of the community. We are contemplating renovations and this Resolution is the first step in seeking assistance from local, state and national representatives. Vice Mayor Jaskiewicz reported that the funds allotted to our residents are currently going to the Mae Volen Center in Boca Raton. Vice Mayor Jaskiewicz recommended forwarding a copy of this Resolution to the Governor's Office in addition to all other recipients. Mayor Taylor pointed out that during her Washington trip, Vice Mayor Jaskiewicz met with representatives who are very interested in helping us with this project. Motion Commissioner Denahan moved approval. Mayor Pro Tem Tillman seconded the motion that carried unanimously. C4, Proposed Resolution No, R9S-.176 Re: Approving a lease agreement with Seminole Harley Davidson to lease, f'or one yeal; a J),A,R,E, motorcycle Commissioner Denahan commended Police Chief Gage for doing an outstanding job. In this particular case, he is seeking opportunities to involve our youth in educational programs that will create a safer environment. She thanked Chief Gage for all of his hard work. Vice Mayor Jaskiewicz announced that Seminole Harley Davidson would provide the City with one bike for a year at a cost of $1 per month. Motion Vice Mayor Jaskiewicz moved approval. Mayor Pro Tem Tillman seconded the motion that carried unanimously_ G, Approve the purchase of'three PhysioControl LilSPak .12 cardiac monitors per .1998/99 budget approval 7