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LEGAL APPROVAL ?Je DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Ellgilleerillg Occupatiollal Licellse Commullity Redevelopmellt September 21, 2000 Mark Daly 915 SE 3rd Street Boynton Beach, Florida 33435 Re: File No.: Location: Zoning Code Variance ZNCV 00-013 East Railroad Avenue Dear Mr. Daly: Enclosed is the City of Boynton Beach Development Order for a zoning code variance granted on September 19, 2000, by the City Commission. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, 0' -: ,d / L.._ .:-/ ">'7? Michael W. Rumpf Director of Planning & Zoning M\VR/nl I.\SHRDA T A\PlanningiSHARED\ \\.'P\PROJECTS\Mark Daly Variance\Development 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 PROJECT NAME: MARK DALY VARIANCE --- . -~-~----._. ._-~ DEVELOpr \IT ORDER OF THE CITY COMM ;IO",loF1T#~q~ CITY OF BOYNTON BEACH, FLORIL)A :! ~-. u' , ~ L.; / SEP 2 0 --...:.-....-.......~.- APPLICANT'S AGENT: N/A ~.-_- - - APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION OF BEFORE CITY COMMISSION: September 19, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance -lot frontage LOCATION OF PROPERTY: East Railroad Avenue, south of SE 8th Avenue 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 ~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 ~ 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 ,',II I \ \1 IlIlIillll/ " II/, () {HTO,v "0 -:;, ~""'."A ~ ~ . /~~Ut-t4i'.. ~ ~ " 0 -'" ,.)f _ /8 'a.. () ::::. /~ i J: ~ : j = . ..... .. 92.0 I t -..' ." '" , .............,... ~ ""/ J:'LO~\O \'~ 1.'/11 f/" 1111" \ \\\\\: DATED: ~c:::~ aL-i~~ ~J./1-' ~ City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Mark Daly Variance\CC 9-19-00 D O-VAR.doc Oct-23-2000 08: 29all B B - -4 B 3 3 8 6 ,. r--tj 12087 Pg 66"3 ~~~Hm.I"~nm.U~D.II.. DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION UNITY OF TITLE In consideration oCtbe issuance of a pennit to (name) Mark Daly for the consttuction of Commercial Property in the City of BO}llllon Beach, Florida, the Underligned propertv' owner hereby agrees to restrict rhe use of the following legally described properties: "SEE ATTACHED"EXHIBITA,f (whex~ Idditio:Da1"space is required, indicate above see attached exhibit A), addressed as follows: . 1.tl the following maD1lcr: 1. Said p{operty shall be considered as one plot and parcel of land, and that no portion of said plut and parcel of land shall be sold, tra.ll.~ferred, devised or assigned separately, except in its entirety alone plot or parcel of land. 2. The 'tJl1dersiped aifees that this condition, restriction and ~tation shall be deemed a covellam running with the land, and shall remain in full force and effect:, and be biDdini upon the undersigned, their heu's and assigns. This agr~ement shall continue in effect until released by the: authority of tho administrative head of Boynton Beach Depamnent of Development and approved by the City Attomey and the Mayor upon submittal of reque~(, applicable fees and e\'idence that the agreement is no lODger required by law. 3. Further. tbA: Undersiened undersWlds that the City shall record this instrument in the Public Record:. of Palm Beach CoW1ty at his (her) expense. ;t. Signed, scaled. executed and ackn wI dged on this dJJ.te/ ~ - Owner(s) (Signatuxe) Mark Dal (Print D.iUIle) Day of October, 2~londa' (Signature _ g:.~ .L '.. . ;~ (PrintnaInc) MI<'I.h~!:.\... N - PaE:TTl~\CCH'1 _ STATE OF FLORIDA, COUNty OF PALM BEACH The farcsoina instrUment was acknowl~dged beiore me this /6 lJeTf7C6P ~OoO (date) by Mark Daly.. who is personally known to me or who has produced (type of identification) as lden~fjc~~()n and who did (did ~l) talcc an oath. (SEAL) /J / . Signature ofpers~ll taking acknowlcd~ement ~. Name of officel1 takin& acknowlediement-typed. printed or statnpc Title orrank Serial number, ifanYn CHERI e. JONES MY COMMISSION fI CO 930225 EXPIRES: Jun 25. 2004 ~ ,1',.,." -. ."-~- -.....- ", c.~ is tD.-y\c0 (Ocr.. j . 1 tOO l::- '~uloJ ee~ ~ccL ~ i=-l 3::H-z.5 :,.,. ; --------- ~- --' ~j 'L.r,r,t ~! - 7 ';rf"'n ~ ~'i_ :) i I LJ ' .} ,o', . '--~ I ' -_~ I ;:. ',_'" , ,,_,_-:;:-J. ! -----:_-~ E~._..L... iT "A" ,- fl-CLB 120187 Pg e.. 701 r H. WILKEN, CLERK PB COUNTY, FL Legal Description for Unity of Title The abandoned Right-Of-Way of East Railroad Avenue, lying adjacent to the Easterly Right- Of-Way line of the Florida East Coast Railroad and bounded on the south by the westerly projection of the southerly line of Lot 16, Block "E" and on the north by the westerly projection of the northerly line of the South One-Half of Lot 13, Block "E", Hathaway Park a subdivision as recorded in plat book 13, page 17, of the public records of Palm Beach County, Florida. Together with the South One-HAlf of Lot 13, Lot 14, Lot 15 and Lot 16, Block "E", Hathaway Park, a subdivision as recorded in plat book 13, page 17, of the publi records of Plam Beach County, Florida. MErnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 Fields Program in the amount of $90,000 to build a press box at Ezell Hester Community Center - 2. Proposed Resolution No. ROO-123 Re: Authorizing the Mayor and City Clerk to execute a franchise agreement between the City of Boynton Beach and FPL Fibemet LLC 3. Proposed Resolution No. ROO-99- Re: Interlocal establishing water and wastewater service area (TABLED ON JULY .5; 2000) (September (RECONNEND RENOYAl FRON AGENDA) Agreement boundaries 6, 2000) 4. Proposed Resolution No. ROO-124 Re: Authorize negotiations with consulting engineers - Utility Capital Improvement projects D. Ratification of Planning & Development Board Action: 1. Oriana Granite (Lot sOA) - Lot 50 A Quantum Park - Request for relief from Chapter 2-Zoning, Section 7.H.3 requiring a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144' driveway separation in a Planned Industrial District (PID) 2. Harbor Estates (Lot 38) - South Road - Request relief from Chapter 2, Zoning, Section s.C.2.a., requiring a minimum rear setback of 25' to allow a 15' variance or a 10' rear setback within the R-l-AA zoning district 3. Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks - West side of Lawrence Road, north of Miner Road - Request for master plan modification to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD 4. Mark Daly - East Railroad Avenue, South of SE 8th Avenue - Proposed Vacation of right-of-way - Request for Postponement E. Approve the emergency purchase and installation of fiber optic data and voice transmission lines from the Public Works Complex to the Prime Tower site as part of the multi-agency Motorola radio system Removed for discussion at the request of Commissioner Black. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 2000 D. Ratification of Planning & Development Board Action: 1. Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks ~ West side of Lawrence Road, north of Miner Road - Request for master plan modification to reduce screen enclosure setbacks from 2' to 0' and pool setbacks from 5' to l' for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD 2. :"'ark Daly -East Railroad Avenue, south of SE 8th Avenue - Request relief from Chapter 2, Zoning, Section 6, C.3, requiring a minimum lot frontage of 75' to allow a 45' variance or a minimum lot frontage of 30' within the C-3 zoning district 3. Isles of Hunters Run - West of Congress Avenue and north of Summit Drive in the Hunters Run PUD - Request for master plan modification approval to change the screen enclosure setback for back-loaded pools on the non-zero side from 10' to 8' to coincide with related building codes 4. Quantum Lots 21 and 21B - Quantum Park PID - Request for new site plan approval to construct a 17,579 square foot professional office building located on 2.13 acres 5. Quantum Lot SOB (Gale Industries) - Lot SOB Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres E. Approve the donation of $250 to The Jimmy Ryce Center, Florida Missing Children's Day from the law Enforcement Trust Fund F. Approve additional work relating to drainage modifications (Yard Drain) at Village Royale on the Gateway Boulevard Improvement Project G. Approve expenditure in the amount of $33,918 through SNAPS Agreement - #250211-1 for scanning equipment and training in the use of LaserFiche from R&S Integrated Products for various City departments Motiolt Commissioner Black moved to approve the Consent Agenda. Commissioner Fisher seconded the motion that carried unanimously. <, v.' CITY MANAGER'S REPORT: ' A.< ,;~ Review and approve proposed advertisement in special insert on Forbes , Magazin~ showcasing the~\Intemet Coast'~,," ',_,'." " - . 00: -:' . ~. ~- . , -~...:... -~.. ~,' ~~..;: . --. . .....- ~ . .' . ~' . ..... ~ . r .. ~. .~ . ..;... ~.. .-;- . -' .. -. ... ~..~. .'~ -....;. - . - ~.'~- -.. ~,., - :?-: MEETING MINUTt:s REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 2000 Mr. Hawkins reported that Forbes Magazine is a publication with worldwide distribution of business advertising. A special edition will be published in December called the Internet Coast Wave that will be sponsored by Techwatch. The City has an opportunity to secure this ad in cooperation with a SOl(c)(3) organization at a cost of $14,000. Without that cooperation I the ad would cost $28,000. The Chamber of Commerce offered assistance; however, they are a 501(c)(6) organization. The City would have to identify a 501(c)(3) if the Commission decides to participate in this program. Commissioner Fisher felt this ad could be considered a redevelopment/development incentive and it could be used as a reference point for new businesses over the next year. He added that the people who read Forbes are the ones who make the decisions about relocating companies. This ad would give this City the opportunity to say that Boynton Beach was featured in Forbes Magazine as a low-cost, high-tech place to go in Palm Beach County. Commissioner Black pointed out that the initial back-up material provided information regarding a comparison of Dade, Broward and Palm Beach County with the research triangle in North Carolina. The cost of $28,000 is a great deal of money and even with the assistance of a non- profit organization, the price is still high. Commissioner Black feels there are many other pressing issues in this City where that money could be used. Vice Mayor Weiland questioned how this request came forward to the Commission. Commissioner Fisher advised that it was his suggestion following a meeting he attended with City Manager Bressner at the Internet Coast. The Internet Coast is a consortium of all three Counties. The offer was made to all businesses throughout the tri-County area. This issue was brought before the entire Commission with redevelopment in mind. Vice Mayor Weiland pointed out that Motorola declined participation. In addition, no one else along this Coast or the Treasure Coast has committed to date. One small municipality in Dade County has expressed interest, but,has not yet committed. Vice Mayor Weiland said he doesn't , know how viable this ad may be. Mayor Pro Tem Sherman feels the City could spend its money in a wiser fashion. We recently received a proposal to give the employees of the City health identification cards that trace back their health records. That benefit would cost $20,000 for the entire staff. Mayor Pro Tem Sherman feels the cost of this ad is excessive and he is not in favor of it. Commissioner Rsher felt that the money should come out of an account that is already set up for development. He feels this City would benefit if other cities do not take ads because when businesses are looking for new lOcations, Boynton Beach would have a foot in the door. Vice Mayor Weiland felt that it wasn't necessary to spend the money just because it is available. . - -' Mayor Broening said that he used to handle advertising budgets in the millions of dollars. He learned to focus the advertising dollars on audiences they were trying to reach. In addition, the ," message was tailored to meet their object:ive of serving their customers. Mayor Broening said .-::,' 6 ~,J . .' '. ~ -~~-,~ -~