Loading...
LEGAL APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE C' -- ~ OF BOYNTON BEACH, FLORID -- 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 DATE OF CITY COMMISSION RATIFICATION: October 20,1998 TYPE OF RELIEF SOUGHT: Parking Lot Variance (driveway distance from intersection) (PKLV 98-003) LOCATION OF PROPERTY: Winchester Park Boulevard. 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 MA TIER 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. ~ .tffA~/Y'~~./~/", Cit Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTSIABC Fine Wine\DEVELOPMENT ORDER pklv 003.doc DATED: ((}t!UdJ--+ j ~J /998 . All further development on the property shall be made in accordance with the terms and conditions of this order. ~\\\\\\\~~I~'TII/IIIIII//. ~" 0' OJ\! ij~ ......:::::. '<0 ......,.. .J!'\ 'l ~,. ,. 0"'" Q" -- ... ("'j.... ",~ '"'-4~' ~ ~ ~ .110 '~.'. ;:;::. -.... ,~ '0', " ~ ::: ,... :~ . (") - -I-: j:J:= =;:.\ :::: ::: '-' . 20'- ~ "II 19 ~.. ~ ~ .. .- '" ~ ". ..- oS ~ .............. ':!tt..... ~/I: .t:"LOR\O \\~~ 1'//11111/ III \I\\\\\\: Other 6. 7. EXHIBIT "G" Conditions of Approval Project name: ABC Fine Wine and Spirits File number: PKL V 98-003 (driveway distance from intersection) Reference: Applications dated September 8. 1998. DEP ARTMENTS 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. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. To Be aetcrn.iftea.- NtW'k v/ MWR:dim I\CHIMAIN\SHRDATA\PLANNING\SHAREDlWP\PROJECTSIABC FINE WlNE\PKLV\COND. OF APPR - PKLV-003.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: [...1.~ i ~ ~ ~ 0 WI ~ rm Owner Amoco Oil Company j:JiJ I SEP 2 4 008 [ ~ Applicant: ABC Fine Wine and Spirits L'PU\i'lf'W~G AND ,._.._,~---1DNING DEPT. 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 Beac.h Boulevard (now known as New Bo) .on West 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"., 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 h~QUEST FOR PUBLISHING LEGAL NOTICES 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 DA TE 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 Meetina 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: --y, ~ (1) ;' .,( \....-1 (Originator) ---:~_/ - ~.~,. t.. -- <-" 9' - .;!~)" /S" (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDA T A \PLANNING\SHARED\WP\PROJECTS\ABC Fine Wine\ZNCV98-014\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 \/Vest 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