LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
May 22, 1998
Jean Philippe Gaudree
2936 N.W. 24th Terrace
Boca Raton, FL 33431
Re: Benvenuto Restaurant
File Number: PKL V 98-001 - Parking Lot Variance (Access Aisle Relief)
Location: 1730 North Federal Highway
Dear Mr. Gaudree:
Enclosed is the City of Boynton Beach development order regarding the City
Commission's May 19, 1998 approval of your parking lot variance request, regarding
the above property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260.
Sincerely,
-/10.w -X~
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:mae
Attachment
Xc: Central File
(S :\Shrdata\Planning\Shared\ Wp\Projects\Benvenuto Restaurant\Dev Order letter.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
- CITY OF BOYNTON BEACH, FLOP.lOA
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PROJECT NAME: Benvenuto Restaurant
APPLICANT/AGENT: Jean Philippe Gaudree
APPLICANT'S ADDRESS: 2936 N.W. 24th Terrace, Boca Raton, Fl 33431m rE .@ rn n w rn @
DATE OF CITY COMMISSION RATIFICATION: 5/19/98 Ii, n! r , n
uu I MAY 2 J ~ I U
TYPE OF RELIEF SOUGHT: Parking lot variance (access aisle relief) r !
, I
I, PLMiNING AND
lOCATION OF PROPERTY: 1730 N. Federal Highway I ZONiNG DEPT.
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
-2L- 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
-2L- 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 \\\,',\1111111:1/111.
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DATED:~o1o< /9'99 '4/JOV'~ ~<?L~ \ 19 j ~ ~
, City Clerk ~ .... 20 / ~
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EXHIBIT "C"
Conditions of Approval
Project name: Benvenuto Restaurant
File number: PKLV 98-001 (access aisle width)
Reference: Parking Lot Variance application submitted April]. 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 CWDITIONS
1. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Te Be determined.. ~4E v'"
Idim
J:ISHRDATAIPLANNINGISHARED\WP\PROJECTSIBENVENUTO RESTAURANTlPKLVlCOND. OF APPROVAL - PKLV.DOC
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
4. APPROVAL OF MINUTES
MAY 12.1998
Mr. Reed moved that the minutes of the April 28, 1998 meeting be approved. Mr. Dube
seconded the motion and carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. PLANNING AND ZONING REPORT (Tambri Heyden, Planning and
Zoning Director)
Ms. Heyden stated that late this afternoon her office received a request for
a two-week postponement until May 26, 1998 of the public hearings for
Barbara Bradshaw Zoning Code Variance for the two items on tonight's
agenda. (Item 7 A.1 and 7 A.2)
Motion
Mr. Dube moved that the public hearing on the Zoning Code Variance from the City of
Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.a
(rear and side yard setback) and Request for Variances from Chapter 2 - Zoning,
Section 5.G.2.a (dwelling size) in the matter of 658 Manor Drive (Barbara Bradshaw)
be tabled until the May 26, 1998 Meeting. Motion seconded by Mr. Reed and carried
7-0.
A. Ms. Heyden stated that at the last Planning and Development Board
meeting there were two items on the Agenda relating to Benvenuto's
Restaurant, one was for abandonment of a special purpose easement
and the other was the gate elevations to be referred back for design
review. Ms. Heyden stated that at the last City Commission meeting both
items were approved.
B. Ms. Heyden also stated that there were two items that had been tabled at
the last City Commission meeting that were before this Board at the April
14, 1998 meeting. Those matters were the Hills at Lake Eden PUD
rezoning and the Palm Walk ACLF conditional use application.
With respect to the Palm Walk ACLF application the City Commission
requested that the Applicant relocate the kitchen area and the Dumpster
that was in the front of the property. Ms. Heyden stated that the Applicant
did relocate the kitchen area and Dumpster and the City Commission was
satisfied with the new location. There are two buildings on that property.
2
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
MAY 12. 1998
Tom Willi, 6229 Country Fair Circle, Boynton Beach, Boynton Beach took the
podium.
Chairman Wische informed the Applicant that staff was recommending approval of the
variance and asked if Mr. Willi wished to add anything to the Petition. Mr. Willi stated he
had nothing he wished to add at this point.
Chairman Wische asked if staff or the Board had any additional comments.
Mr. Myott inquired if there was going to be any work performed under the shed in the
open. Mr. Willi stated the purpose of the cover is to cover existing ground-mounted
equipment and air compressing equipment that is weather sensitive. No work will be
performed outside.
Mr. Wische asked if there were any more comments from the Board. There were no
additional comments. Chairman Wische inquired if anyone in the audience had any
comments. There were none.
Motion
Mr. Rosenstock moved that the request of Packaging Concepts for a variance from the
City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 7 -
Planned Industrial Development, H.16 to reduce the required rear setback from 30 feet
to 13 feet to allow installation of an aluminum pan roof over existing ground-mounted
mechanical equipment be approved. Motion seconded by Mr. Dube and carried 7-0.
Parking Lot Variance
3.
Project:
Agent:
Location
Description:
Benvenuto's Restaurant
Jean-Philipe Gaudree
1730 N. Federal Highway
Request for variance from the City of
Boynton Beach Land Development
Regulations, Chapter 23-Article II, Section
1.1. to allow the existing parking area with
24 foot wide access aisles and 24-foot
back-up area to be exempt from the current
standard of 27 feet in connection with an
addition to the existing restaurant. The
existing parking area to be covered by the
9
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
MAY 12. 1998
variance will be used exclusively for valet
parking.
Chairman Wische inquired if the Agent for the Petitioner was present and Jean-Philip
Gaudree took the podium. Chairman Wische informed Mr. Gaudree that staff
recommends approval of the request for a variance.
Chairman Wische inquired if anyone in the audience had any comments. There being
none, Chairman Wische closed the public hearing.
Motion
Mr. Rosenstock moved that the request for variance for Benvenuto's Restaurant of the
Boynton Beach Land Development Regulations, Chapter 23 - Article II, Section 1.1. to
allow the existing parking area with 24 foot wide access aisles and 24-foot back-up area
to be exempt from the current standard of 27 feet in connection with an addition to the
existing restaurant be approved. The existing parking area to be covered by the
variance will be used exclusively for valet parking. Motion seconded by Mr. Dube and
carried 7-0.
Master Plan Modification
4.
Project:
Agent:
Location
Description:
Newport Place PUD - Caretenders
Robert Kuoppala
4745 N.W. 7th Court
Request for modification to the Master Plan
for Newport Place PUD to replace the
previously approved medical office use
with an adult day care center to consist of a
maximum of 70 guests and 12 staff within
the existing 6;300 square foot building.
The Agent for the Project, Robert Kuoppala, took the podium and stated his offices were
located at 5204 10th Avenue, North Lake Worth, Florida. Assistant City Attorney
Pawelczyk administered the oath to Mr. Kuoppala.
Chairman Wische stated that staff had three comments to their request for modification.
Mr. Kuoppala stated that he was aware of the three comments and had forwarded a fax
to Mike Rumpf this morning informing Mr. Rumpf that the Petitioner will comply with all
three requests.
10
. MEETING MINUTES
REGULAR CITY COMISSION
BOYNTON BEACH. FLORIDA
MAY 19. 1998
5. Proposed Resolution No. R98-96 Re: Approve and execute an
Intenocal agreement with Palm Beach County for the lease, use and
operation of four Transit Coaches
6. Proposed Resolution No. R98-97 Re: Approve and execute an
Intenocal agreement with the Board of County Commissioners to
participate in a single unified local mitigation strategy to pre-identify and
prioritize hazard mitigation projects
7. Proposed Resolution No. R98-98 Re: Authorizing and directing the
Mayor and City Clerk to execute the following contracts between the City
of Boynton Beach and BellSouth: Purchase of an NEC NEAX2400
PBX, (Piggybacking on South Rorida Water Management District Bid for
$457,393.42 with $210,000 down payment and' a three-year lease at
6.14% interest); Telephone Central Office Services (Network Facilities)
(From State of Florida Contract #OMS 97/98-018 and PSC tariff rates for
non contract items in amount of $16,370 installation and $8,475 monthly
for five years); a five-year "Pinpoint 9-1-1. service agreement at $4,180
installation and $288 monthly . -
Item IV.C.7 removed from the Consent Agenda to the City Manager's Report for presentation
8. Proposed Resolution No. R98-99 Re: Authorizing the Mayor and
City Clerk to execute Phase 2. and Phase 3 options with H.T.E., 'Inc.,
providing for software, training, support and conversion services on the
contract previously approved by Resolution' R97 -152; authorizing and
directing the Mayor and City Clerk to execute a customer information
system purchase option with H.T.E~, Inc., and execution of a contract
addendum for said purchase
9. Proposed Resolution No. R98-100 Re: Approving the final plat for
East Ridge PUD
10. Proposed Resolution No. R98-101 Re: Ratifying the agreement with
the Palm Beach County Police Benevolent Association, Inc. (P.B.A.) for
fiscal year 1997-98
D. Ratification of Planning & Development Board Action:
1. 658 Manor Drive (Barbara Bradshaw) - Variance from LDRs Chapter 2 -
Zoning, Section 5.G.2 to allow a reduction of the minimum side yard
requirement from 20' to 1.6' and the minimum rear yard requirement from
40' to 10. T, respectively
7
MEETING MINUTE!.
REGULAR CITY COMISSION .
BOYNTON BEACH. FLORIDA
MAY 19. 1998
Item IV.D.1 was removed from the Consent Agenda and Tabled
2. 658 Manor Drive (Barbara Bradshaw)- Variances from Chapter 2 -
Zoning, Section 5.G.2.a to allow for a reduction of the required minimum
750 square feet of living area for apartment units to 370 square feet for
Unit #5; 568 square feet for Unit #9, and 499 square feet for Unit #10
Item IV.D.2 was removed from the Consent Agenda and Tabled
3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance
from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a
6' high chain linked fence along the south property line in lieu of the
required S' high concrete block buffer wall to separate the Riverwalk
Plaza from the abutting residential district
Item IV.D.3 was removed from the Consent Agenda and Tabl~ . .
4. Packaging Concepts (Thomas J. Willi) - 4925 Park Ridge Boulevard
(Packaging Concepts at Quantum Park PID) - Variance from the LDRs,
Chapter 2 - Zoning, Section 7 - Planned Industrial Development, H.16, to
reduce the required rear setback from 30' to 13' to allow installation of an
aluminum pan roof over existing ground-mounted mechanical equipment.
S. Benvenuto's Restaurant (Jean-Phillippe Gaudree) 1730 North Federal
Highway - Variance from the LDRs, Chapter 23 - Article II, Section 1.1. to
allow the existing parking area with 24' wide access aisles and 24' back-
up area to be exempt from the current standard of 27' in connection with
an addition to the existing restaurant. The existing parking area to be
covered by the varianc::e will be used exctusively for valet parking.
6. Caretenders at Newport Place (Robert Kuoppala) - 4745 NW 7th Court,
Lantana, Florida 33462 - Modification to the master plan for Newport
Place PUD to replace medical office use with an adult day care center to
consist of a maximum of 70 guests and 12 staff within the existing 6,300
square fact building.
7. Whitfield Interiors - Quantum Park PIC (Nicole Swift, Butters Construction
and Development) - immediately west of 1-95, north and souttl of
Gateway Boulevard - Use approval to add manufacturing, fabrication and
assembly of furniture to the Quantum Park PID list of pennitted uses for
all parcels with an industrial master plan designation.
8. Robert A. LaLane II, DMD (Michael Corbett) - 2521 South Federal
Highway - Site plan approval to construct a 3,648 square foot dental
office with associated landscaping and parking.
8
-- ----~-----
--," ~- ._-~---"_._-- -~,--_._._--~_._._.-
MEETING MINUTES
REGULAR CITY COMISSION
BOYNTON BEACH. FLORIDA
MAY 19. 1998
E. Approval of Bills
F. Approval of Housing Rehabilitation Case No. 297002lNathaniel and Joetta
Morgan in the amount of $26,092.50. This amount includes the leveraging of
State of Florida Housing Initiative Program funding of $10,000 and City Home
Improvement funding of $16,092.50
Item IV.F was removed from the Consent Agenda for presentation
G. Authorize the Public Works Department to implement a citywide rollout garbage
cart program, and to automate garbage collection services. Authorize the sole
source purchase of the first automated garbage collection vehide (Heil Starr
System)
H. Authorize application for a grant from the U. S. Department of Housing and
Urban Development (HUD), Office of Lead Hazard Control. This is part of the
MLead-Based Paint Hazard Control in Privately-Owned Housing Grant Program".
I. Approve distribution of $719,952 of the State Fiscal Year 1999 federally funded
Drug Control and System Improvement (DCSI) Fonnula Grant Program
Item IV.I. was removed from Consent Agenda for discussion
J. Approve the special event request from Pete Rose Ballpark Cafe to host another
Classic Car and Truck Show on Sunday, June 14. 1998 in the parking lot of the
Holiday Inn at Catalina Centre subject to staff comments and requiring
adherence to City Ordinances and State laws
Motion
Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items IV-
C.1, IV-CA, IV-C.7, 0-1, 0-2, 0-3, F and I. Mayor Pro Tern Tillman seconded the motion.
Motion carried 5-0.
CONSENT AGENDA DISCUSSION ITEM:
IV. F. Approval of Housing Rehabilitation Case No. 297002lNathanlei and Joetta
Morgan In the amount of $26,092.50. This amount Includes the leveraging
of State of Florida Housing Initiative Program funding of $10,000 and City
Home Improvement funding of $16,092.50
Commissioner Oenahan asked Ms. Octavia Sherrod to take the podium. Commissioner
Oenahan stated that Boynton Beach isn't just working with developers, but also assisting the
9
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
5. COMMUNICATIONS AND ANNOUNCEMENTS.' (Mike Rumpf, Acting
Planning and Zoning Director)
Mr. Rumpf informed the Board that all items that were approved at the May
12,1998 Meeting were approved by the Commission with the exception of the
Bradshaw Variances that were tabled at the previous meeting.
Also, Mr. Rumpf stated that the Riverwalk Plaza Variance item was postponed
for thirty days at the Commission meeting.
The following items were approved at the Commission meeting via the Consent
Agenda:
. Packaging Concepts (Variance)
. Benvenuto's Restaurant (Variance)
. Caretenders (Request for Modification)
. Whitefield Interiors (Request for Use Approval)
. lalane Dentist Office (Site Plan Approval)
Mr. Dube inquired if there were new land development books available. Mr. Rumpf
stated he would have an updated book for each Board member.
Mr. Reed also inquired as to the status of the updating of the sign and landscape codes.
Mr. Rumpf stated he did not have any more information at this time. Hopefully, there
will be more information at the next meeting.
Mr. Reed also noted that when Mr. Aguila was on the Board, he proposed that some
type of recognition be adopted by the City for property that exhibited good
characteristics, to be announced on a quarterly or yearly basis. Mr. Reed inquired what
happened to this program?
Mr. Rumpf stated that the Commission approved this concept.
Attorney Pawelczyk stated that Ms. Heyden was in charge of this program, but since
she is no longer with the City, Mr. Rumpf will be in charge of the program. Before
anything can be done, Attorney Pawelczyk stated that the Board will have to decide
upon a date and the details will have to be worked out. Mr. Rumpf also stated he will
check into this further and report back to the Board.
Ms. Frazier noted that the signs had been removed from Discount Auto.
2
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
Attorney Pawelczyk administered the oath to all witnesses who would be testifying
during this evening proceedings.
6. OLD BUSINESS
None
7.
NEW BUSINESS
A. PUBLIC HEARING
Zoning Code Variance
1.
Project:
Agent:
Location:
Request:
658 Manor Drive (Barbara Bradshaw)
Peter H. Schmidt
658 Manor Drive
Request for variances from the City of Boynton
Beach Land Development Regulations, Chapter 2-
Zoning, Section 5.G.2.a to allow a reduction of the
minimum side yard requirement from 20 feet to
1.6 feet and the minimum rear yard requirement
from 40 feet to 10.7 feet, respectively.
Mr. Dube stated that he had a private conversation with Ms. Barbara Bradshaw prior to
the meeting, which was instituted by Ms. Bradshaw.
Mr. Reed also stated that he was at the location of the Petitioner to certify the yard for
the Cooperative Extension Program of Palm Beach County.
Chairman Wische stated that this Zoning Code Variance was before the Board two
weeks ago and has been reviewed thoroughly and t~e material again has been
reviewed for tonight's hearing. Chairman Wische stated that staff has only one
comment "all units shall meet all building related codes and regulations".
Peter H. Schmidt, Esquire, 400 S. Dixie Highway, Boca Raton, Florida took the
podium. Mr. Schmidt stated he felt the staff report was prepared very thoroughly and
comprehensively and did not have anything to add. Mr. Schmidt stated he would be
glad to make a formal presentation if requested to do so.
3