LEGAL APPROVAL
DEVELOPMENT ORDER
CII Y OF BOYNTON BEACH, FLORIDA
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PROJECT NAME: Miami Subs
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SEP 5199l,
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PLANNING AND
ZONING DEPt
APPLICANT: Awning and Sign Engineering Corporation
APPLICANT'S AGENT: Anthony E. Cimaglia
APPLICANT'S ADDRESS: 1900 N.W. 40th Court, Bldg. 1, Pompano Beach, FL 33064
DATE OF HEARING BEFORE CITY COMMISSION: September 2,1997
TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (back-lit awnings)
LOCATION OF PROPERTY: 1920 S. Federal Highway
DRAWING(S): SEE EXHIBIT "An ATIACHED HERETO.
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
Z 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 "Bn with notation "Includedn.
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
L DENIED
5. Thfs 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
DATED: ~~..t~~~~ /997
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J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Miami Subs\CDPA\OEVELOPMENT ORDER.doc
EXHIBIT "D"
Conditions of Approval
Project name: Miami Subs at 1920 South Federal High'\vay
File number: CDPA 97-004
Reference: Letter of request dated Julv 10.1997. File #CDPA 97-004 with a Julv II. 1997 Planning and
Zoning Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: N/A
UTILITIES
Comments: N/A
FIRE
Comments: N/A
POLICE
Comments: N/A
ENGINEERING DIVISION
Comments: N/A
BUILDING DIVISION
Comments: N/A
PARKS AND RECREATION
Comments: N/ A
FORE STER/ENVIRONMENTALI ST
Comments: N/A
PLANNING AND ~NING
:='
Comments:
1. Approval of the enlarged back-lit awnings is not recommended.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. Denied,
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
s:lprojectslcond of appr\
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 2, 1997
the emergency diesel generator. removal of the underground fuel storage tank.
replacement of electrical main service disconnect. transfer switch. main control
panel and variable speed drives with a new electrical system and soft starts and
replacement of the pump suction and discharge piping valves - Award bid to
South Florida Utilities, Inc.. of Plantation. Florida. in the amount of $670,557
(Proposed Resolution No. R97-141)
C. Resolutions:
1, Proposed Resolution No. R97-142 Re: Approving contract with Gee & Jensen
for engineering design and inspection services for a lightning protection system in
the amount of $5,900
2. Proposed Resolution No. R97-143 Re: Authorize execution of agreement
between Bryant Miller and Olive and the City of Boynton Beach for lobbying
services during the Special Legislative Session on education
This item was removed from the Consent Agenda for discussion.
3. Proposed Resolution No. R97-144 Re: Authorizing Ernst & Young to prepare
computations to determine the rebate amount on the $60,255.000 Utility System
Revenue Bonds, Series 1992
4. Proposed Resolution No. R97-145 Re: Authorizing execution of Letter of
Intent and authorizing negotiation of terms of agreement for Fire/Rescue and EMS
Services in the Town of Hypoluxo
D, Approval of Bills
A copy of these bills is attached to the original set of meeting minutes on file in the City Clerk's Office.
E. Approve new site plan request for The Manors at Newport Place to construct a four-story.
81-bed assisted living facility containing 71,390 square feet on two acres (a portion of
Tract 4) of the Newport Place PUD
F. Approve Site Plan request for Heise PCD (Auto Care Centers of America, Inc,) to
construct an 18,659 square foot retail complex to include minor automotive repair and
retail uses on 3.63 acres of land
G Approve Zoning Code Variance request for Mobil Service Station to Chapter 2 - Zoning,
Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an
access driveway located 65' rather than the required 110' from the intersecting right-of-
way lines of Woolbright Road and Congress Avenue
This item was moved to VII-Public Hearing.
H. Approve request for Community Design Plan Appeal for Miami Subs to allow back-lit
awnings to be replaced and enlarged on the west, north and south elevations of Miami
Subs restaurant building
7
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 2,1997
march on Tallahassee. Commissioner Jaskiewicz assured them the Commission would take action and
try to target a higher level. She believes it is critical to do this as quickly as possible.
Vice Mayor Titcomb feels it is important that the Commission consider going to Tallahassee to present a
strong unified front in our effort to bring a high school to this City.
Motion
Ji..
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97 -143. Vice MaY9r Titcomb
seconded the motion which carried 4-0. .~:
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ITEM IV-H
Approve request for Community Design Plan Appeal for Miami Subs to allow
back-lit awnings to be replaced and enlarged on the west, north and south
elevations of Miami Subs restaurant building
Mayor Taylor clarified that this Community Design Plan Appeal was denied unanimously by the Planning
& Development Board. He was of the opinion that this item should not have appeared under the Consent
Agenda with this specific wording.
Commissioner Jaskiewicz added that it was her assumption that when items on the Consent Agenda are
not removed for discussion, the Commission is in agreement with the Planning & Development Board's
findings.
City Manager Willis advised that that assumption is typically correct. She said this item was misworded.
This item is an appeal from a denial by the Planning & Development Board. We have taken care to
reword this so that any appeal will appear as an appeal to a denial. Further, City Manager Willis offered
to exclude such appeals from the Consent Agenda.
Mayor Taylor advised that a motion for approval of this item would be an approval of the Planning &
Development Board's denial.
Motion
Commissioner Jaskiewicz moved to approve the denial of this item. Commissioner Bradley seconded the
motion which carried 4-0.
Commissioner Bradley requested that the Commission consider a workshop meeting among the Planning
& Development Board, City Commission and staff in order to discuss the issue of aesthetics, color
schemes, and Community Design Plan. He feels a great burden has been placed on the Planning &
Development Board. On occasion, the Commission relies on staff's input regarding subjective kinds of
decisions. With regard to archit~ctural design and aesthetics of a building, we do not have a good
structure in place, Commissioner Bradley feels this must be addressed. He would like staff to pursue
what other cities are doing in this regard. He feels the Planning & Development Board needs to know
what the Commission expects to see when a project is developed. Likewise, staff can learn from the
Planning & Development Board what their aesthetic choice is for the City.
9
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 2,1997
Mayor Taylor agreed that a "gray" area exists, and feels a workshop is a good suggestion. He directed
staff to coordinate with the Commission, Planning & Development Board and staff to set a date for this
workshop,
Item IV-"J"
Approve request for Shafiqul Islam for a variance to the Land Development
Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a
proposed single-family home to 35' from the maximum 25' allowed
.................. ........ ....... .................... ..... Postponed from August 19, 1997 Meeting
Commissioner Jaskiewicz advised that she attended the Planning & Development Board meeting when
this issue was discussed. She visited the site. The plan is for a home that would be built on an
Intracoastal pie-shaped lot in an area of two-story luxury homes. She feels a small home on this lot
would be totally out of place. The plans depict a beautiful home. The applicant has agreed to lower his
request from 35' to 30', and Commissioner Jaskiewicz has no objection to that request. She feels this
home will be an asset to our City and requested approval of this request with a 30' height limit.
Commissioner Bradley feels this City needs to capitalize on the properties that will most positively impact
the tax base. This area is our waterfront. In looking at Boca Raton and'Delray Beach, most of their
properties have large top-end homes built on them, He does not see any good reason for limiting what a
developer or homeowner would like to do on a lot such as this. He feels development should be
encouraged. This project will positively impact the value of the homes in this community. He supports
the request for the 35' height limit, and believes that within the next ten years, every home on that cul-de-
sac will be a larger top-end home.
Commissioner Jaskiewicz concurred with Commissioner Bradley's remarks and changed her motion to
allow this structure at a maximum of 35',
Vice Mayor Titcomb also attended the Planning & Development Board meeting and saw no reason for
not allowing the 35' height. He concurs with Commissioner Bradley's comments in terms of the positive
effect of this application,
Commissioner Bradley said the meeting tapes he listened to had staff wanting to concur with the
planners to see if they had an opinion on this as well as an idea on how to possibly codify the interest we
might have to change this so that we are not in the area of a variance. We would change the Code and
set a standard. He would be interested in staff's input.
Mayor Taylor supported the comments made by fellow Commissioners.
Vice Mayor Titcomb seconded the motion to approve this application up to a maximum of 35', The
motion carried 4-0.
XII. UNFINISHED BUSINESS:
MA YOR TA YLOR MOVED UP THESE ITEMS ON THE AGENDA.
A. 1-95 Wall
10