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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent 1. 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 PKL V 98-004 Boynton Beach Boulevard Enclosed is the City of Boynton Beach Development Order for parking lot 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 -~ .=---..___L-- " , I & Michael W. Rumpf Acting Planning and Zoning Director MWR:jma J:ISHRDATAIPLANNlNGISHAREDlWPIPROJECTSIABC FINE WINEIDEVELOPMENT ORDER L TR 3 DOC America's Gateway to tile 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--V OF BOYNTON BEACH, FLORlr - PROJECT NAME: ABC Fine Wine and Spirits APPLICANT'S AGENT: Unruh, Smith and Associates APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401 :JA TE OF CITY COMMtSSION RATIFICATION: October 20, 1998 TYPE OF RELIEF SOUGHT: Parking Lot Variance (driveway distance from intersection) (PKLV 98-004) LOCATION OF PROPERTY: Boynton Beach 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 term~lI and conditions of this order. ,\\\\\\~\~ T/~III/////, .::::-" 0 ftt ~ ~ ~ .......... ~ ~ 7. Other S ~ ....~~0R.q;;... ~ ~ ~ 0: i!? ~\ "'0 ~ ::: ~ :~ \ ~ = - .... : ! = DATED:U?~..!.a /998 ~<.Ch:~~~O\ ~9'2.0! j '. ;;: .. ... ~ Clt lerk ~ ............ ,.. ~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\ABC Fine Wine\DEVELOPMENT ORDER pklv 004.doc ~/1. !:LOf\\Q \\\,~ Illlllt/" 111\\\\\\ EXHIBIT "H" Conditions of Approval Project name: ABC Fine Wine and Spirits File number: PKL V 98-004 (Driveway distance from intersection) Reference: Applications <fated Se1Jtember 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 PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Denial by the Department of Transportation applicant's request to move X the driveway eastward. ADDITIONAL CITY COMMISSION CONDITIONS 2. To b@ setermineQ.. ~N4!f' /' MWR:dim J:\SHRDATA\Planning\SHARED\WP\PROJECTSIABC Fine Wine\PKLV\cond. of appr. pklv-004.doc\ MEmNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORJDA OCTOBER 20, 1998 3. Proposed Resolutfon No. R98-175 Re: Approving the renewal of a contract with Children's ServIces CoundJ (CSC) tor the 1998-99 fiscal year L.atchkey 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. motorcyde At Commissioner Denahan's request, this Item was remOved from the Consent Agenda for discussion. r' , D. ~' ~ 5. Proposed Resolution No. R98-177 Re: Releasing the balance of surety for the Vlnlngs Plat 1 and Vlnings Plat 2 in the amount of $11,887.02 and $11,000 respectively 6. Proposed Resolution No. R98-178 Re: Supporting the enhanced practfcal training for Drivers Education Programs In our schools and the fundIng med1anlsm for this program by means of a $2.00 surcharge for first-time drivers license fees or other similar funding programs 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' reclucl!lon from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominIum units on flag-shaped parcel (TABJ.ED ON 9/.I5/J18 - KEEP ON 7:A8lE URm .l.l/4/Nj , Robert Bordelon - (2616 SW 4th Street) - Request for approval of a valiance 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-lAA 20nlng district, within the Rldgewood Estates SubdMslon ABC Rne Wine and Spirits (Northeast comer 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 4S spaces to 40 spaces to be requIred for this single retalt store ABC Fine Wine and Spirits (Northeast comer of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow a 34 foot reduction from the required minimum 2. s MEmNG MINUTES REGULAR crrv COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 r. ." 6. driveway distance from a Intersection of 180 feet to 146 feet to allow access to the planned site r this single retail store ABC Ane Wine and Sp rlts (Northeast comer of Winchester Park Boulevard and Boynton ch Boulevard) - Request for approval of a variance to allow a 36.8 foot reductfon from the required mInimum driveway distance from an ntersectlon of 180 feet to 143.17 ~ to allow access to the planned site r this single retail store. and School (3300 S. Seacrest Boulevard) - Request for conditional approval to construct the addition of a 4,543 square fpot youth and da care center in the northwest comer of the campus ~. E. Approval of Bills F. Approve the purchase of three He Starr System Automated Garbage Collection Vehldes - Sale Source Purchase R: uested G. Approve the purchase of three P loControl UfePak 12 cardIac monitors .per 1998/99 budget approval from the Consent Agenda and renumbered as At my Manager WIJIIs' request, Item IV-F was rem Item VAA In order to allow for a presentation. At Vice Mayor Jaskiewicz' request, this Item was remov from the Consent Agenda for discussion. H. Approve the purchase of one Ran me AR 250 5-ga09 rotary mower to replace one Toro 4SOD as scheduled I. Ratification of Code Compliance Boa d acUon: a. Approve reduction of the I en In case #96-1671 (M. C. &. Jeannette McRoy - 230 NW 11th Aven e) from $2,400 plus administrative costs to $250 ; At Commissioner Denehan's request, this Item was rem ed ffom the Consent Agenda for discussion. r K. Approve the purchase from D. M. De baCkup memory and RAID adapter for the RMS computer system In the Police partment J. Approving Task Order #26A for CH2 HilI for a maximum of $74,470 to be paid on a time and expenses basis 6 MErnNG MINUTES REGULAR crrv COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 I"" ' Motion Commissioner Tltcomb moved to approve the Consent Agenda with the exceptions of ltems C.2, C.4, G, F, and I. Commlssloner Denahan seconded the motion that carried unanimously. ~ ' - .aJ8S6IT A(i.~JVIM..JTE~S FOR D,rscu$SHUJ; c,z Propossd Resolution No, RJI8-.t74 Rer RIIf/IIS6IIng IISS/$tIInce In thB IIRIDI/I1t td $987,(J(J(J I'mm foal!, ate /lnd n/ltfDlIII1 elsctwI n1J1If!!IiHItlItlvtII to 1Iss/$t wJt/J ItIndlng WI' I1IIW $tJI1/or adult DlNIIsr P' '. 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 Vol en Center In Boca Raton. Vice Mayor Jasklewla recommended forwarding a OOrr-l 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. CII/, PnJpt)StIId RtISOIutk1n No. RI8..,176 Re: AppnJYlng 8 IeI1ss ag/'fll1l'lHll1t with Ssmlnole Hsrley DllvIdson to ....... Ibr OINJ yea~ II DAILE. motorcyc/B 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 Jaskfewlcz announced that Seminole Harley Davidson would provide the CIty with one bike for a year at a cost of $1 per month. ~otion Vice Mayor Jaskiewicz moved approval. Mayor Pro Tern lll1man seconded the motion that can1ed unanImously. G. Appn:we the pun::hast1 D' th/WI PhJ'$/OCDlltn1l Ul'lJPllk .12 amflM: /11D/I/toi's per ,1998/99 IJudget IIpprtW11l 7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following applications have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for variances as indicated, under and pursuant to the provisions of the zoning code of said City: i.-i-:) ~ @ rn 0 w rn m J)j-- I ~l i ~ \ Owner: Amoco Oil Company ~ ,ill ~ :::~ 24:398 I ~ ""1~ t Applicant: ABC Fine Wine and Spirits ?L';;'~>~l\JG AND ZDi!li'iG DEFT. ,._----"......-- Location: Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard Variance Requested: Case #261 : Request for variance from Chapter 23 - Parking Lots, Article II, Section H.3. to allow a 34 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 146 feet. Case #262: Request for variance from Chapter 23 - Parking Lots, Article II, Section H.3. to allow a 36.83 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 143.17 feet. Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11. H .16.d( 12) 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. Legal Description: A parcel of land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida. Said parcel being a portion of Tracts A and B, Block 3, ot "PALM BEACH FARMS COMPANY PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EASr, according to the plat thereof as recorded in Plat Book 5, at Page 73, of the Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commencing at the Northeast corner of Section 30, Township 45 South, Range 43 East; Thence with a bearing of S.87032'47" W., along the North line of said Section 30, a distance of 60.00 feet to a point on the West Right-ot-Way line of Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point; Thence with a bearing of S.01018'43" E., along a line lying 120 feet West of and parallel with the East line of said Tracts A and B, Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO.8", a distance of 25.00 feet to the Point of Beginning of Parcel of land hereinafter to be described: Thence continue along the aforementioned parallel line, a distance of 191.04 feet to a point of intersection with the North Right-of-Way line of Boynton Beach B ':!vard (now known as New Boynton 'st Road - State Road No. 8u-t); Thence with a bearing of S.87032'4,' W., along the North Right- of-Way line of Boynton Beach Boulevard, a distance of 168.43 feet; Thence with a bearing of N. 46052'58" W., a distance of 35.71 feet to a point of intersection with the East Right-at-Way line at Winchester Park Boulevard; Thence with a bearing of N. 01018'43"., along the Easterly Right-of-Way line of Winchester Park Boulevard, a distance of 165.54 feet to a point; Thence with a bearing of N. 87032'47" E., along a line lying 25.00 feet South of and parallel with the North line of said Section 30, a distance of 193.94 feet to the Point of Beginning. Lying and being situated in Palm Beach County, Florida. Proposed Use: Liquor store A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, October 13, 1998, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (742) 375-6260 PUBLISH: The Palm Beach Post September 28, 1998 J :\SHRDA T A \PLANNfNG\SHARED\ WP\PROJECTS\ABC Fine Wine\ZNCV98-0 14\Lglnotice.doc r--'ARTMENT OF DEVELOPMENT .II1EMORANDUM No. PZ 98-281 TO: Sue Kruse City Clerk FROM: /rc-;,- ~- Michael W. Rumpf Acting Director of Planning and Zoning DA TE: September 23, 1998 RE: ABC Fine Wine and Spirits File Nos.: ZNCV 98-014 (driveway distance from intersection) - Case No. 261, ZNCV 98-015 (driveway distance from intersection) - Case No. 262 and PKLV 98-003 (parking ratio) Accompanying this memorandum you will find an applications, supporting documentation and fees for the above-referenced cases. A legal advertisement, combining all three (3) requests, will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the October 13, 1998 Planning and Development Board Public Hearing. MWR:bme xc: Central File Attachments J :\SHRDA T A \PLANNING\SHARED\WP\PROJECTS\ABC Fine WineVZNCV98-014\LEGALNOT.DOC · ')UEST FOR PUBLISHING LEGAL NOTIt;t::S ANDIOR LEGAL ADVERTISEMENTS A 'completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Daniel DeCarlo DATE PREPARED: September 23. 1998 BRIEF DESCRIPTION OF NOTICE OR AD: ABC Fine Wine and Spirits Variances (Zonina Code and Parkina Lot) to reduce the reQuired driveway distance from an intersection for both driveways. and a Parkina Lot Variance to reduce the reQuired parkina space ratio from one (1) per 200 SQuare feet to one (1) per 225 SQuare feet. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for Plannina and Development Board Meeting on October 13. 1998 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper (9/25/98). applicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: September 28.1998 LAST DATE TO FAX TO NEWSPAPER: September 25.1998 APPROVED BY: (1) ~?1.~, ' (Originator) .;r ~// / -. ':f:. 9-.;'\ /V' ~ .~ (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J :\SHRDA T A \PLA NNING\SHARED\WP\PROJECTS\ABC Fine Wine\ZNCV9S-014\LEGALNOT.DOC -~-~---------- - --~- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following applications have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for variances as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Amoco Oil Company Applicant: ABC Fine Wine and Spirits Location: Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard Variance Requested: Case #261 : Request for variance from Chapter 23 - Parking Lots, Article II, Section H.3. to allow a 34 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 146 feet. Case #262: Request for variance from Chapter 23 - Parking Lots, Article II, Section H.3. to allow a 36.83 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 143.17 feet. Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.H.16.d(12) 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. Legal Description: A parcel of land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida. Said parcel being a portion of Tracts A and B, Block 3, of "PALM BEACH FARMS COMPANY PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST', according to the plat thereof as recorded in Plat Book 5, at Page 73, of the Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commencing at the Northeast corner of Section 30, Township 45 South, Range 43 East; Thence with a bearing of S.87032'47" W., along the North line of said Section 30, a distance of 60.00 feet to a point on the West Right-of-Way line of Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point; Thence with a bearing of S.01018'43" E., along a line lying 120 feet West of and parallel with the East line of said Tracts A and B, Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO.8", a distance of 25.00 feet to the Point of Beginning of Parcel of land hereinafter to be described: Thence continue along the aforementioned parallel line, a distance of 191.04 feet to a point of intersection with the North Right-of-Way line of Boynton Beach Boulevard (now known as New Boynton 'lIVest Road - State Road No. 804); Thence with a bearing of S.87032'47" W., along the North Right- of-Way line of Boynton Beach Boulevard, a distance of 168.43 feet; Thence with a bearing of N. 46052'58" W., a distance of 35.71 feet to a point of intersection with the East Right-of-Way line of Winchester Park Boulevard; Thence with a bearing of N. 01018'43" W., along the Easterly Right-of-Way line of Winchester Park Boulevard, a distance of 165.54 feet to a point; Thence with a bearing of N. 87032'47" E., along a line lying 25.00 feet South of and parallel with the North line of said Section 30, a distance of 193.94 feet to the Point of Beginning. Lying and being situated in Palm Beach County, Florida. Proposed Use: Liquor store A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, October 13, 1998, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (742) 375-6260 PUBLISH: The Palm Beach Post September 28, 1998 J:\SHRDA T A \PLANNING\SHARED\ WP\PROJECTS\ABC Fine Wine\ZNCV98-0 14\Lglnotice.doc