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.
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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//.
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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