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Minutes 11-05-03MZNUTES OF THE REGULAR CZTY COMMZSSZON MEEI~NG HELD ZN COMMZSSTON CHAMBERS~ CZTY HALL, BOYNTON BEACH~ FLOR~DA~ ON WEDNESDAY, NOVEMBER S, 2003 AT 6:30 P.M Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk T. OPENZNGS: Call to Order - Mayor Gerald Broening Invocation - Moment of Silent Reflection Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Broening called the meeting to order at 6:00 P.M. There was a Moment of Silent Reflection followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. D. ZF YOU WZSH TO ADDRESS THE COMMT$SZON: · FZLL OUT THE APPROPRLATE REQUEST FORM · GZVE ZT TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME ZNDZV~DUALS MAY SPEAK FOR THREE UNZNTERRUPTED MZNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Vice Mayor Ferguson seconded the motion that carried unanimously. TT. OTHER: A. Informational Ttems by Members of the City Commission Commissioner McCray announced that there would be a Veterans Day Ceremony at St. John Missionary Baptist Church on Tuesday, November 11t~. MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Flgridp November 5, 200~ Commissioner Weiland said that he has thoroughly enjoyed representing the citizens and working on many different issues as a Commissioner for the City the past 41/2 years. He enjoyed working with this Commission and previous ones. He thanked his constituents, his wife and children. Commissioner Weiland also thanked the entire City staff and said that they work hard for the citizens. He always sees a smiling face when he walks into City Hall and thanked lla Dobard at the front desk. He gave accolades to the City Attorney and his staff, the City Clerk's Office and City Manager Bressner and his staff. He also complimented all City departments. He thanked Mayor-Elect Jerry Taylor for getting him involved in this arena. Commissioner Weiland loves Boynton Beach and thought that maybe he could have a small part in making things move forward. He will continue to stay involved. He said that he would be spending the next few years watching his kids grow up. Mayor Broening thanked everyone and gave a special thank you to his wife, Delores. He felt that it was a rare privilege when a citizen gets to serve his fellow citizens. He hoped that the present Commission had done some good. He said that the City has a superb staff. He will leave office with some regret but will get to see his grandkids. He and his wife will spend the next several months visiting their grandchildren and one great-grandchild. He thanked everyone who ran for office. :It is a very tough job and he thought that anyone willing to give of his/her time is to be commended. He congratulated Jerry Taylor, Bob Ensler and Mike Ferguson, who are quality people. He pledged his continued support of the City. Commissioner McCray thanked Mayor Broening and Commissioner Weiland for allowing him to be a team player. He wished the best to them and their families. Commissioner McKoy commented that it has been a pleasure working Commission. Mayor Broening has shown true diplomacy and professionalism. the Mayor and Commissioner Weiland well. with the entire He wished both III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: Meeting Minutes Regular City Commission Meeting Bovnton Bepch, FIQrida November 5, 2003 Boynton Veterans Council Veterans Day Memorial Celebration - Sunday, November 9, 2003 Mayor Broening read the Boynton Veterans Council Veterans Day Memorial Celebration Proclamation and presented it to Bob Zimmermann. Bob Zimmermann said that a veteran is an ordinary person, yet an extremely human being who left his bed, board and his family to serve in the Armed Forces of the United States and sacrificed his life in order that we may live in freedom. On behalf of the Boynton Veterans Council, Mr. Zimmermann congratulated the Commission on the beautiful Veterans monument that was installed at the Intracoastal Park. He also thanked 3ohn Wildner, Deputy Recreation & Parks Director, City Manager Bressner and the Commission for helping to make their Veterans Day Memorial Celebrations successful. ZV. ADMZNTSTRAI~VE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt 1 yr term IV McKoy Advisory Bd on Children & Youth Stu/NonVoting i yr term Mayor Broening Advisory Bd on Children & Youth Stu/Voting 1 yr term Reg Stu McCray Cemetery Board III Ferguson Education Advisory Board to 4/04 Tabled (2) to 4/04 Tabled (2) to 4/04 3 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (2) Mayor Broening Nuisance Abatement Board Reg 2 yr term I Weiland Nuisance Abatement Board Reg 2 yr term II McCray Nuisance Abatement Board Reg 2 yr term All appointments were tabled. to 4/05 Tabled (2) to 4/05 Tabled (2) to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Bo Agenda Preview Conference of October 20, 2003 Regular City Commission Meeting of October 21, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida November 5, 2003 None C. Resolutions: Proposed Resolution No. R03-178 Re: Approval of contract betvveen Stormet C. Norem and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 205 NW 8th Street for the purpose of Fire Rescue training Proposed Resolution No. R03-179 Re: Agreement for Water Service Outside the City Limits with Barbara T. Clough for the property at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Grove) Proposed Resolution No. R03-180 Re: Ratification Central Regional Wastewater Treatment & Disposal Board October 16, 2003: of South action of Authorization for the South Central Regional Wastewater Treatment & Disposal Board to record Board assets on financial records effective 10/01/03 Authorization to modify R..1. Sullivan contract for 2 mg reclaimed storage tank for change order #1 in the amount of $42,600, for installation of line stop in 36" outfall line, for a revised contract amount of $877,610; and change order #2 for additional fittings for a revised contract amount of $900,000 (no additional money needs to be appropriated) Ratification of Planning & Development Board Action: L.A. Fitness (MSPM 03-007), 2290 and 2298 N. Congress Avenue - Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district Buyer's ]:nvestment Group (ZNCV 03-018), SW 4~ Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-I-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a 12 foot variance, resulting in a 48 foot 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Flgridp Nov=tuber 5, 200~ frontage for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a 5 foot side yard setback for a proposed single-family residence within the R-I-A single family zoning district Monahan & Monahan (ZNCV O3-020), 703 W. Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Environmental Regulations Article TT, Landscape Code, Section 5.D., requiring a 7 foot wide landscape buffer adjacent to a public right-of-way, to allow a 2 foot 10 inch-wide landscape buffer, and a variance of 4 foot 2 inches for a commercial office building in a C-2 zoning district Monahan & Monahan (SPTE O3-004), Boynton Beach Boulevard & NW 7th Court - Request for a one year site plan time extension to August 6, 2004, for a one-story professional office building totaling 1,838 square feet on a 0.22-acre parcel in the C-2 zoning district E. Ratification of CRA Action: None Approve full release of surety covering the water and sewer systems for the project known as Lester PUD Plat 1 and returning the letter of credit to the developer Release of a cash bond of $2,750 to LCI Construction of South Florida, Inc. for the project known as Lighthouse Academy He Release of a cash bond of $2,200 to Bliss Construction for the project known as Hunter's Run Country Club (Guardhouse) Accept the award of the block grant for $89,467 from the U.S. Department of 3ustice Office for training, equipment and computers for Police Department (City's share is 10%) Authorization to re-direct a portion of Community Investment Funds to the R. M. Lee Community Development Center, Tnc. Motion Vice Mayor Ferguson moved to approve the Consent Agenda. Commissioner McKoy and carried unanimously. Motion was seconded by 5 Meeting Minutes Regular City Commission Heeting Bovnton Beach, Florida November 5, 2003 VT. CODE COMPLZANCE& LEGAL SE-DrLEHENTS: Approve/ratify settlement in the amount of $80,000 in the matter of Coral Tech vs. City of Boynton Beach (completion of Senior Center) HotiQn Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McCray seconded the motion that VII. PUBLIC AUDIENCE: INDI~/~DUAL SPEAKERS WILL BE LIHI'I'ED TO 3-f4INUTE PRESENTATIONS Beverly Agee reminded everyone that the Education Advisory Board is sponsoring Principal for A Day next Thursday. This event is chaired by Jean Cairo, Vice Chair of the Board. Seventeen business people were invited to participate at 17 schools and be principal for a day. Ms. Agee joined with everyone in wishing good luck to Mayor Broening and Commissioner Weiland. She felt that she had learned how government works from both of them. Herb Suss said that Mayor Broening had led the City for the past four years and had educated him. He felt that he had done a great job and was a professional. Mr. Suss wished Commissioner Weiland and his family well. Patti Hammer, 52G Stratford Lane, felt that Commissioner Weiland had done a marvelous job and she was sorry to see him leave. She thought that he did a good job for the residents of Hunters Run and they appreciated it. Ms. Hammer said that it was brought to her attention that a City employee, in a City vehicle, was campaigning for a candidate yesterday. She asked whether this was true and if it was, what would be done regarding it. City Manager Bressner responded that it was true and disciplinary measures would be taken with the employee. PUBLIC HEAR/NG: 7:00 P,M. OR AS SOON THEREAFTER AS THE AGENDA PERHTTS Project: Agent: Owner: Location: Descr)pUon: L.A. Fitness (ABAN 03-010) Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement Motion Commissioner McCray moved to approve. carried unanimously. Commissioner Weiland seconded the motion that Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ridp November 5, 200~ ZX. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('Tabledo# $/20/03,) City Manager Bressner reported that there was a very productive meeting yesterday between representatives from the City, Two Georges and the developer in an effort to resolve issues related to what would be called the Second Amended Mediation Agreement if it is approved. If this agreement goes forward, it would provide a modification to the site plan to provide better coordination of outdoor seating for two restaurants, the existing Two Georges Restaurant and the proposed restaurant. The agreement also calls for the allocation of on-street parking on Casa Loma Boulevard to the Marina developer and Two Georges, with Two Georges having access to 26 spaces on the south side of Casa Loma Boulevard and the developer having access to 14 spaces on the north side. They also want to verify the businesses that are operating in the Marina area. They are looking at the size of boats that are there to ensure that the capacity of the business portion of the Marina is not exceeded. Two Georges has agreed that, for instance, if there is going to be a replacement of a 30-rod boat, it would have to be a 30-rod boat. This is required so that the channel is not blocked. Most important was the establishment of a property owners association that will guide and control property access and maintenance issues to the business interests along Casa Loma Boulevard. The construction of an additional 70 parking spaces by the developer on the parking deck for use of the Casa Loma businesses is as follows: 35 spaces for Two Georges and 35 spaces for the public. However, the developer's obligation is contingent on the CRA agreeing to adopt a side agreement as to cost participation in the construction of those spaces. The Two Georges would be reimbursing the developer for operation and maintenance costs for the parking spaces that are being provided. City Manager Bressner said that Legal counsel for all three parties is finalizing the document. The next step is the matter pertaining to the parking, which is scheduled to go to the CRA on November 20th. Tf the CRA approves the agreement, the City Commission will be asked to consider the Second Amended Agreement either December 2nd or 18th. Moti{)n Commissioner Weiland made a motion to remove the item from the table. McCray seconded the motion that carried unanimously. Commissioner Commissioner Weiland expressed some concerns. Point Overlook at the end of Casa Loma Boulevard has always been a place where the public could go to watch the boats or to fish. Now, both restaurants are going to be allowed to set up tables there. :If this is not done properly, it would no longer be inviting as a public destination point. He asked the future Commission to look very carefully at this. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori~p November 5, 2003 Commissioner Weiland did not think that the City, the taxpayers or the CRA should be paying the $1 million for the 70 public parking spaces. He felt that the business owners need to provide their own parking. He did not want the Marina project to get stalled as the City has been waiting long enough; however, he requested that the future Commission review this very closely. City Manager Bressner felt that these concerns should be communicated to the developer. At the meeting yesterday, both the restaurant owner and the developer were adamant about not wanting to have fishing at that location. With respect to providing public seating, staff had discussed the idea of putting some benches out there and other places in the common area as a way to facilitate a commons area. Mayor Broening said that it was his understanding that the CRA is a marketing organization and it is not unheard of that they and the City give incentives to stimulate and encourage growth and to have some control over the project. He remembers that in the previous agreement, there was $1.5 million in incentives. This is TIF money that the CRA uses to stimulate business. The State is trying to stimulate business with Scripps so there is certainly precedence. Commissioner Weiland agreed with the Mayor on the CRA's function. The City is not giving the developer the incentives. The developer is allowing the City to put the parking in their garage if somebody else pays for it. His concern is who should be responsible for paying for it - the City, the CRA or the private individual who is threatening a lawsuit if he is not provided more parking. He felt that it depends on how the old development agreement is interpreted - whether it was null and void when the property changed hands and whether the new developer is responsible for what was in the agreement or not. The developer is not benefiting by this except by knowing the project is not going to get slowed down by a lawsuit. Mayor Broening believed that was a considerable consideration. CRAs should stimulate growth, reconcile differences and plan the development of an area. They are not breaking any new ground. He hoped that the new Commission would consider all these points. City Manager Bressner again said that staff would bring these issues to the parties involved. Motion Commissioner McCray moved to retable the item. Vice Mayor Ferguson seconded the motion that carried unanimously. X. FUTURE AGENDA 1'rEMS: Motion to accept the negotiated rates of compensation for services, and authorize by resolution the execution of a contract with each of the final, acceptable, qualified firms that responded to the Request for Qualifications (RFQ) #065-2821-03/C..1D, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach." (November 18, 2003) 8 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori(;li~ November 5, 2003 Bo Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance Proposed modification to the Land Development Regulations regarding rear yard setbacks D. Follow-up Meeting with CRA on Development Issues (December 2003) Eo Workshop regarding City Hall/Public Safety Space Needs Report (December 2, 2003) F. High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 XT. NEW BUSZNESS: City IVlanager Bressner said that he would like to work out a schedule for accepting the election certifications and swearing in the new Commission. It was the consensus of the Commission to hold this special meeting on Friday, November 7th, at 4:00 p.m. XTT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-057 Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections (4) and (5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way City Attorney Cherof read Proposed Ordinance No. 03-057 by title only. He pointed out that there was a request that the Commission adopt an amendment prior to adopting the ordinance. The amendment would delete the phrase "within five feet of the public right-of-way." Both the Planning & Zoning Division and the Police Department reviewed the ordinance and requested that change. It will not affect the force of the ordinance in terms of the problems that are being addressed. 9 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida November 5, 200: Commissioner Weiland asked whether this ordinance can be enforced through the Police Department because cars park entirely on some neighborhood streets all night long, which forces vehicles to go around those cars. City Attorney Cherof explained that this ordinance addresses two issues. It addresses the permanent (more than 36 hours) storage of vehicles in the right-of-way and also vehicles that are on the right-of-way that are tarped so that the reflectors cannot be seen. This would allow the Police Department to issue citations for both. Commissioner McKoy asked what impact there would be on homeowners associations. Marshall Gage, Police Chief, explained that if there is an agreement with the owners of private roads, the Police Department can cite vehicles. On private roads with no agreement, it is not enforceable. Motion Commissioner McCray moved to adopt the amendment along with Proposed Ordinance No. 03- 057. Motion was seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-058 Early Retirement l~ncentive Program Re: Establishing a limited Attorney Cherof read Proposed Ordinance No. 03-058 by title only. He noted that the agreement, which is attached as an exhibit, makes reference to insurance rates. Those are not fixed rates. The numbers that are reflected there will be modified prior to the issuance of the agreement. When the individual comes in to sign the agreement, they will be advised of the current insurance rates then applicable. This does not require any amendment to the ordinance. Commissioner Weiland wanted to bring to the future Commission's attention that this savings could be used to increase public safety, especially in the road patrol area. Commissioner McCray moved to approve Proposed Ordinance No. 03-058. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~t Reading None C. Resolutions: None 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp N=~=mber 5, 200~ D. Other: None XIII. UNFINISHED BUSINESS: None XI'V. AD3OURNMENT: There being no further business, the meeting properly adjourned at 7:20 p.m. ATTEST: Deputy City Clerk (11/7/03) CITY OF BOYNTON BEACH comm~Jioner~ ........ '~ ..... ~, ~---. ....... Commissioner 11 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to t~start of the '~ Commission Meeting, I . ~ City Address ~ ~_/(~'i^j .~ /~.~ j Telephone,. ~ ~7--qD/~~'~ 't~ ~ ~~ ' Sum~~Matter to be Addre _//_~ /,~t~? ~. ~M If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/sh~ will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings i., made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105! The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equa opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyc~ Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodat~ your request_ BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City~lerk prior to the start of the City Commission Meeting. Address Telephone# Summary of Matter to be A~dressed / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/sl~ will need a record of the Proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.01051 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equ; opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyc Costello, {561] 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodat your request. BOYNTON BEACH'CITY COMMISSION MEETING · pUBLIc COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~i~atio ~ail~ d for below and vive to the City Clerk '~r to the commission Meetinll· Ad~essName Summa~ of, M~tter to be ~d~esse~-- start of the City Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings ii made, which record includes the testimony and evidence upon which the apl~al is tobe based. (F.S. 286.0105) The City shall furnish' appropriate au~rili~ry aids and sex, rices where necessary to afford an individual with a disability an equaJ opportunity to participate in and enjoy the benefits of a service, program, or actiVity conducted by the City. Please contact Joyc¢ Costelio, (561) 742-6013 at least twenty-four hours prior to the program or actiVity in order for the city to reasonably accommodatt your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: L.A. Fitness at the Shoppes of Boynton Mr. Derek Vander Ploeg / Vander Ploeg & Associates, Incorporated 155 East Boca Raton Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Major site plan modification to construct a two (2)-story building consisting of 43,000 square feet of fitness center and 34,000 square feet of future retail on 6.27 acres in the C-3 zoning district LOCATION OF PROPERTY: North parcel of the Shoppes of Boynton, located on the northeast corner of Gateway Boulevard and Congress 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 Ap_pli, gant Z~_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 Appli .cant'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 shall be made in accordance with the terms and conditions of this order. Other DATED: Ii-- 7-03 S:\Planning~Shared~Wp\Projects\l .A. Fitness~)O.doc Location Map EXHIBIT"^" L.A. Fitness L-21 C3 QUANTUM · '-- " GATEWAY BLVD. I,.w. 22nd ,,~: LA FITNF_~S at TI~ SHOPPES OF BOYNTON BOYNTON BI~ACH, FLORIDA at THE SHOPPES OF BoYNToN: ~ _. .. j BO'Y'NTOiVB~AC~ FLOR]DA ' -~Vander Ploeg and Associates, Inc. -' =~" '~ "~' = ~ ;i; ~ F-,-~ Fl,-ll~ Ii1111111'I ~ ~~1 ~.. ] ; ,i '~ /' : I i ~ ~ ~ ~ III ~' '/,~~~- Li~~ ~_~-.~/ , :.. I= IIII I j ~ I "1 ~1i111111 t !" i~ , i i'~1111il ~i : ~' ,.,.: . LA FITNESS at THE SHOPPES OF BOYNTON BOYN'rON B~,AC~I, F~ORIDA ~' ! ~*': at THE SHOPPES OF BOYNTON BOYI, n'O~ BEAC~ FLORIDA Vander Ploeg and Assodates, Inc. ~ ratoo, Rmida 33432 em~i~' elev~ia~ at THE SHOPPES OF BOYNTON BOYNTON B~.CH, FLORIDA i --~ Vandex Ploeg and Assoc~u_t~_, Inc. mm~ ~ A- {'mi LA FITNESS at THE SHOPPES OF BOYNTON BOYNTON BEACH, FLORIDA Van.d~r Ploeg and A~sociate~, Inc. I.~ ellt boos l~m ~m:! bcxm~t'~a~ ~ 33432 CONGRESS ~VEIIIJE (S, TATE ROAD 807) ~~!~': .......................... ~--- ~-~ ~-~-~--~.T~ ~, t '~ ,~ .... -: ............. ~--- ~- ~ - ~ ~, ~ ~U.~ ~~ ' ' ~'11 /I - I~ ~ ) / i ~' ~ ~, ~ - ~ ,~ ' r . . . I: -' ~ ~ ~, :~, Iil - , , ,, / PI3 t-i L.A. Fitness Boynton Beach, Florida Planting Plan JlJlJj'ill $ii '!ilili' -qli '¢!" tli! I~i !ITl ! i'jj~ q '! lll~ L.A. Fitness Boynton Beach, Florida Plant List,/Speeifieations J! iii Details I!i} llj! ill ::::::: [lll~ HILl ~-~:!:~[ -,,-,-~,,, ~l~l:lJ~ · "',' 'illi,..: , ,,,,, .,il: :,: ,:,,, ......,,,,,,. I :~:": fill ~ll, [~!![[! . · ,,' ," ~!:'"': '":': I' ':"'"'"[ ,,,:: L.A. Fitness BOVlit. on Beach. Florida Pla]~ti]lg Plan Spe('ific-atio]~s EXHIBIT "C" Conditions of Approval Project name: L.A. Fitness File number: MSPM 03-007 Reference: 2nd review plans identified as a Major Site Plan Modification with an August 12, 2003 Planning and Zoning Department date stamp, marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, on the master civil plan, indicate which parking X spaces will be removed and which spaces will remain. UTILITIES Comments: 2. At the time of permitting, fire flow calculations will be required X demonstrating the City Code requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(b)). 3. Comprehensive Plan Policy 3.C.3.4 requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. ENGINEERING DIVISION Comments: None X FIRE Comments: 4. Emergency access shall be provided at the start ora project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. POLICE Comments: None X BUILDING DIVISION COA 10/27/03 2 DEPARTMENTS INCLUDE REJECT Comments: 5. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 6. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 7. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 8. If capital facility fees (water and sewer) have been paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 9. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 10. A unisex toilet room is required pursuant to Section 403.7 and Table 403.1, X footnote G, Plumbing, of the 2001 Florida Building Code. 11. The elevator shall be handicap accessible and comply with Section 11-4.10 of X the 2001 Florida Buildin$ Code. PARKS AND RECREATION Comments: None X FORESTER]ENVIRONMENTALIST Comments: 12. All newly installed trees planted throughout the Shoppes of Boynton must be X installed at a minimum of 12 feet-14 feet in height, 3 inch caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual (Chapter 7.5, Article II Sec. 5.C. 2.). COA 10/27/03 3 DEPARTMENTS INCLUDE REJECT 13. All trees installed under the FP & L overhead utility lines must be species X from the FP & L approved small tree list (Chapter 7.5, Article II Sec. 5.C. 2.). 14. The project does not include the City's signature trees at each of the ingress / X e~ress locations (Chapter 7.5, Article II Sec. 5.C. 2.). PLANNING AND ZONING Comments: 15. Approval of this project is contingent upon the approval of the accompanying X request for the utility abandonment (ABAN 03-010). 16. On the 2ua floor plan (sheet A-4), indicate that the "future retail space #201" X will be 6,886 square feet rather than 6,856 square feet. 17. On the site plan (sheet SP-1), remove the label and symbol indicating "Exist X Pollo Tropical ID sign". 18. At the time of permitting, on the site plan (sheet SP-1), differentiate (in terms X of labeling style) between the actual property lines, easement areas, and leased areas. 19. The Shared Parking Analysis must be reviewed and approved by the Planning X & Development Board and City Commission (Chapter 2, Section 11 .II. 13.). 20. At the time of permitting, provide a sample of the proposed awnings (Chapter X 4, Section 7.D.). 21. All new shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 22. Fifty percent (50%) of all new landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet LP-1), indicate by asterisk, the native species to ensure that at least 50% of landscape material is native. Separate and indicate the proposed plant material into the following categories: Shade Trees, Palm Trees, Shrubs / fledges, and Groundcover. Please tabulate the amount of native material in each plant category. 23. The maximum allowable wall signage area shall be based on the southern X building faqade in accordance with Chapter 21, Article IV, Section 2.C. The proposed directional sign shall not be more than five (5) feet in height and more than four (4) square feet in area. Either reduce the proposed freestanding sign to comply with this limitation or obtain a variance. COA 10/27/03 4 DEPARTMENTS INCLUDE REJECT 24. Staff recommends planting additional clusters of palm trees (single or double X mmked and at least 12 feet in height) within the west side of the building in order to break up the great wall expanse. The applicant may choose from the following species ofl~alm trees (Carpenter, Areca, Alexander, or Macarthur). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 25. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 26. To be determined. ~ ELJ S:\Planning\Shared\Wp\Projects\L.A. Fitness\COA.doc and Associates, Inc. EXHIBIT "D" July 9, 2003 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Shared Parking Analysis Shoppes of Boynton Palm Beach County, Florida 042188000 · 4431 Embarcadero Ddve West Palm Beach, Florida 33407 Dear Mr. Rump~ Kimley-Hom and Associates, Inc. has undertaken a shared parking analysis for the Shoppes of Boynton located in the northeast comer of Gateway Boulevard and Congress Avenue in the City of Boynton Beach Florida. The site is bisected by Quantum Boulevard into north and south parcels. The north side of the site contains an existing 2000 seat cinema and a 4,185 square foot fast food restaurant. The south parcel includes 142,292 square feet of existing commercial retail and a 6,000 square foot Chili's restaurant. The proposed redevelopment plan for the site consists of replacing the cinema with a 43,000 sqUare foot LA Fitness Center and future expansion of 34,000 square feet of additional retail uses. Gross Parking Demand Evaluation Application of the Palm Beach County Code parking requirements to this proposed plan results in a parking supply requirement of 1113 parking spaces. As shown on the site plan 1,066 parking spaces are Currently provided. This results in a 47 parking space shortfall. Since the proposed redevelopment is to contain land uses which have different time-of-day parking demand characteristics, an evaluation was undertaken to determine the extent to which parking supply may be shared between the various uses. This analysis assumes that all uses are built to their proposed size and axe fully occupied. Shared Parking Analysis Shared parking analyses are typically based upon the methodology developed by the Urban Land Institute (ULI). The ULI Shared Parking report contains parking accumulation percentages by time of day for a number of different types of land · TEL 561 845 0665 FAX 561 863 8175 KimleyoHorn and Associates, Inc. EXHiBiT: -D Mr. Michael Lombardi, July 9, 2003, Page 2 uses which have shared parking ~ potential. For purposes of this analysis, it is assumed that the peak demands for all uses occur during the same season of the year. No discounts or reductions have been assumed for seasonal variations in demand throughout the year. This assumption represents a conservative approach. One of the uses within the shopping center is expected to have specific time-of- day parking demand variations that do not match any of the general categories provided in the ULI Shared Parking report. This use is the proposed fitness center. Specific information regarding this use was therefore obtained and applied to the analysis. For the gym use, parking demand observations that were collected at an L.A. Fitness facility in Montclair, California in April 1994 were used. Table 4 summarizes the data that were collected on a Monday, Wednesday, Friday and Saturday at the facility. To determine weekday demand percentages, the highest demand observed over the three weekdays was selected as the 100% baseline for parking occupancy. The highest of the three observations for each of the other time periods was then determined and compared to the 100% baseline in order to determine an appropriate time-of-clay percentage. Demand for the other time periods during the day during which data were not collected was extrapolated from this data. For the Saturday observations, the highest observation was selected as the 100% occupancy baseline and the other observations, were compared to it to determine a time-of- day distribution. The demand percentages for the fitness center use that is shown in Tables 2 and 3 were therefore derived from these calculations. For the rest of the uses on the site, the Chili's restaurant use was combined with Pollo Tropical restaurant to represent restaurant uses on the site in addition to the remaining Uses of general retail. The application of the hourly accumulation percentages of the weekday peak hour demand for each land use is summarized in Table 2. As can be seen in the table, the peak expected weekday shared parking demand is 1007 parking spaces which occurs at 7:00 p.m.. On Saturdays, the peak expected defiaand is 1024 parking spaces which c~curs' at 2:00 p.m., as shown in Table 3. The Shoppes of Boynton currently includes a total of 1066 parking spaces on the proposed site development plan. Based on a future peak expected demand of 1024 parking spaces, the site is expected to have a surplus of 42 parking spaces. Conclusion The foregoing analysis shows that the parking supply provided on the site is expected to adequately accommodate the parking demand with the proPosed plan of redevelopment. It should be noted that the required buffer of an additional Kimtey-Horn and Associates, Inc. EXHIBIT "D" Mr. Michael Lombardi, July 9, 2003, Page 3 10% of demand is already included since the per unit demand used in the analysis was based on parking rates from the City's Land Development Code. Should yoU have any questions regarding this analysis, please call me at (561) 845-0665. Sincerely, KI~z EY~HORN AND ASSOCIATES, INC. '"~ ,~"")~ T~.nsporta Engineer Number 58 536 .Eqg~eefi~g B u: iness Number 596 Attachments cc: Joni Brinkman (Winston Lee & Associates, Inc.) Jack Schmidt (Vander Ploegh and Associates) Michael Lombardi (LM Development Group, Inc:) \\Kyle\vollXProject\TPTO\042 l\88000XShared parking letter.709.doc EXHIBIT "D"~ 0 [.., m Z ~ ' EXHIBIT "D"~'~ ?EXHIBIT~D~'~- °~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buyers Investment Group, LTD, Inc. APPLICANT'S AGENT: Alan D. Menster APPLICANT'S ADDRESS: 1400 Allendale Rd. Suite I West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-l- A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty- (60) feet to allow a twelve (12) foot variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter. 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R-I-A single family zoning district. LOCATION OF PROPERTY: SW 4th 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Ap[~li. jcant ¢'r~. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". o The Applicant's application for relief is hereby _¢~_. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: II-7'03 ,nvestm . F/~/~ S:\Planning\SHaRED\WP'J~ROJECTS\buyers I in. = 100.0 feet RIA Location Map Buyers Investment Group LTD Inc. Exhibit "A" ,, : EX IBIT!:"B SURVEYORS, ,.c. 19336 4TrH PLACE NORTH, LOXAHATCHEE, FLORIDA 33470 SKETCH OF BOUNDARY SURVEY LOT 6, BLOCK 20 ~.~. (OCCUPIED) FOUNO (0. t' NORTH. 0.6* WEST) TRACT B ~ LOT 20, BLOCK 20 CRYSTAL KEY AT LOT 19, ; (OCCUPIED) WOOLBRIGHT PLACE, P.U.D. BLOCK 20 ~ <'meES,OLD ELEVA~',ON=t 9.43) i (VACANT) .~eom~ LOCATION MAP ~" PROPOSED RESIDENC~ ~ w~h 1Ire mgmded p~t unieee aehen,~,~e notm:l. ~ MINIUMUM ~INISHED ~ decimal pm~ i i ~OOR Ei. EVA?iOi~ 1a.9R 3. No .m~c~ o~ me Pubic I~.~d~ ha~ I~.a mm:le by e~ ~ke. i 5. Ir,~43mmk~ mgmdk~g ~u~ce k~m~m~nm, a~mactm~m~ .~d~r o~p.. If i FOUND ~ ~ ROD J FOUND ~' iRON RO0 + ~ ~- ., ~ ,~, 48.00" ~.~:' :' .-': -". , ",' ~ ~ ' , '~" (22' ASPHALT) / LOT 19, LESS THE EAST 2.0 FEET, BLOCK 20, LAKE BOYNTON ESTATES PLAT 1. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13. PAGES 32 ANO 33. OF THE PUBLIC REcORDs OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 5.760 SQUARE FEET (0.13 ACRE) MORE OR LESS. PROPERTY CONTROL NO. 08-43-45-29-01-020-0191 SYmbOL LEGEND Cenifmal~n: LEGEND Statement of Special Conditions., Hardships or Reasons Justifying Requested Variance/Exemption August 20, 2003 Le.qai Description: LOT 19, LESS THE EAST 2.0 FEET, BLOCK 20, LAKE BOYNTON ESTATES PLAT 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 32 AND 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A. Existing Special Conditions and Circumstances The subject property is a vacant lot which appears to have only been 50 feet wide when the subdivision was platted. At some point the East 2.0 feet of this parcel was transferred to the property owner immediately to the east of this lot, leaving the subject parcel 48 feet wide. The majority of the other lots in this ~subdivision ar~ 62.5 feet wide: The depth of the property is 125 feet which appears to be the standard depth of the lots in this subdivision. The applicant desires to construct a new home on the property. However the width of the property necessities the request for the following three (3) variances from City of Boynton Beach municipal codes: Code Requirement Applicant Request Variance Lot. W'Mth (feet) 60.0 48.0 12.0 Lot Size (square feet) 7,500 5,760 1,740 Side Setback (feet) 7.5 5 2.5 B. Special Conditions and Circumstances Not a Result of Actions of the Applicant The applicant, Buyer's Investment Group, Ltd., Inc., took title to the subject property via Tax Dccd, dated May 21, 2003 and recorded in Official Record Book 15257, Page 163 of the Public Records of Palm Beach County Florida. Prior to this time, the applicant had no right, title nor interest in the property. The property was platted and the East 2.0 feet sold prior to the acquisition of the property by the applicant and it was purchased, "as is". C. Granting Proposed Variance Will Not Confer a Special Privilege on Applicant The applicant wishes to construct an approximately 1,750 square foot, single-family home on the subject property. This home will be approximately the same size as surrounding homes. The proposed variance will, in no way, create a condition or circumstance that is not afforded to all other property owners in this subdivision. Statement of Special Conditions Page 2 D. Literal Interpretation of Code Will Deny Applicant of R~qhts'Commonly Enjoyed By Others If interpreted literally, the aforementioned Codes governing lot size, lot width and side setback requirements would deny the applicant the dght to build a home of any size on this property. The property would be rendered virtually worthless. E. Requested Variance is the Minimum Required to Allow a Reasonable Use of Property Again, the size of the proposed home is in keeping with the size of surrounding homes within this subdivision, thus assuring its marketability and maintaining neighborhood consistency..~The survey and site plan included as part of this variance request show that the proposed home is being built in such a way that only the minimum variances necessary are being requested. No variances are sought for the front, rear and east side set backs. Further, the side setback vadance is requested for the west side of the property that boarders pdvate, vacant land described as "Outdoor Recreational Park Land', rather than another single-family residence. F. Granting Proposed Variance is in Keeping with the General Intent of Code and Will Not be Injurious to the Area or Detrimental to Public Welfare The variances listed above are sought for the sole purpose of constructing a single- family home that is consistent in size and appearance with other homes in the area. This will not be injurious or detrimental in any way to the surrounding property owners or general public. To the contrary, the construction of this home will actually be beneficial in that: The improvement of the property increases its taxable value. The new home should increase surrounding property values as the property was historically overgrown and being used for the storage of motor vehicles. In turn this will increase tax revenues. o The improvement of the property will put an end to any past, or potential, future Code Enforcement issues related to the property's historical condition as stated above, and related public health, safety and welfare concems. EXHIBIT "D" Conditions of Approval Project name: Buyers Investment Group, LTD, Inc. File number: ZNCV 03-018 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:LPlanning\SHARED\WP~PROJECTS~Buyers Investment Group, LTD., lnc\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Monahan & Monahan APPLICANT'S AGENT: Sean F. Monahan APPLICANT'S ADDRESS: 7664 Colony Palm Drive Boynton Beach FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5. Environmental Regulations Article II, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2-foot 10-inch-wide landscape buffer, and a variance of 4-foot 2-inches for a commercial office building in a C-2 zoning district. LOCATION OF PROPERTY: 703 W. Boynton Beach Blvd. 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant J' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: _//- '7 - O,~ S:\Planning\SHARED\WP~PROJECTS\Monahan & Monahan~NCV 03-020\DO.doc I in. = 100.0 feet R Location Map Monahan & Monahan Exhibit "A" LRC - LOCAL I~E'r,41.. OQMMIg~:;IA~ { I APl GROUP. INC m ~ r-o,. ~ I.Ull -"EXHIBIT.:~i~ I I I I I I I I j\ I I I I I I I EXHIBIT "D" Conditions of Approval Project name: Monahan & Monahan File number: ZNCV 03-020 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: [ 1. Variance approved shall only apply to that portion of the landscape buffer that X is adjacent to the accessible space. 2. Planting materials shall be maximized within the remaining buffer adjacent to X the accessible space, and along the south side of the accessible space to maximize buffering and compliance with intent of landscape regulations. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\SHARED\WP~PROJECTSWIonahan & MonahanXZNCV 03-020\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Monahan & Monahan APPLICANT'S AGENT: Dale Meaux, APl Group, Inc. APPLICANT'S ADDRESS: 111 E. Palmetto Park Road, Boca Raton, FI 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for the construction of a one-story, 1,838 square foot professional office building on 0.22 acres in the C-2 zoning district, more specifically a one (1) year time extension of the approval granted on August 6, 2002 (an extension to August 6, 2004). LOCATION OF PROPERTY: NE corner of NW 7"~ Court and Boynton Beach 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 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,)~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby r~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 7. Other DATED: Il- All further development o.n~rty shall be made in accordance with the terms and conditions of this o~~:~o~~ \ / //. City Clerk I in. = 100.0 feet R i Location Map Monahan & Monahan Exhibit "A" "-'- ........... G': LG.:' EXHIBIT "B" I I I I i 1 I I I 9 I I I t ! rl I I I I f C-2 i-/lllllll,~l~,, l['i~ ' ~II!11i. t!111/ I' ~, i~i ~ ~I~1~ ,t;i:ii.'. i' , L I !I IIIT[ Iq..~I 3~ ~.z EXHIBIT ',B ' t~ .... ; I,,l, t,,~ t fl ~. t~ ~ Ill : ~ ' ! · 11 ,, ! Ii Ill I1 [ f ! "' "~ Il I · ,[ ,, I,. ,[[1 ' I I~,~ " I I I I I ~:' -'("~-' EXHIBIT "B" , i LDR "i i .o I lll!!ll IIIlll ,il l · ~':' t~' EXHIBIT "B" :z L / \ '\ ,X / I I I I I I I I I l I ! ,, 18IT "8" f'"' 'ii!fi!tl~l!* *11~ APl GROUP, INC. EXHIBIT "C" Conditions of Approval Project name: Monahan & Monahan File number: SPTE 03-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~l.r~n SAPlanning\SHARED\WPLPROJECTSWIonahan & MonahanXSPTE 03-004\COA2.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc