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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office 0 August 19, 1997 August 8, 1997 (noon) 0 October 21,1997 October 10, 1997 (noon) 0 September 2, 1997 August 22, 1997 (noon) 0 November 4, 1997 October 24, 1997 (noon) 0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon) ~ October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the request below on the October 7, 1997 City Commission meeting agenda under Consent - Ratification of Planning and Development Board Actions, The Planning and Development Board, with a 6-1 vote, recommended approval of the request below. The staff report and draft development order are attached (see Planning and Zoning Memorandum No. 97-467), EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Clear Copy Robert Feldman Robert Feldman Southeast comer of Boynton Beach Boulevard and N.W. 7th Street (660 W. Boynton Beach Boulevard). Site plan request for a 3,780 square foot copying service and print shop. PROGRAM IMP ACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Department Name , .I;' (. . / -, '} L " ) ( I " '... -~ I~" Iv' .''-' )':':' ( .J,'/'/.t'.t:.,<- Plannin&,and Zonillg Director \\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\CLEAR COPY\MSPM\Agenda Item Request 10-7 ,doc DEVELOPME... f SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #97-467 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION September 23, 1997 DESCRIPTION OF PROJECT Project Name: Clear Copy, Inc. Applicant: Bob Feldman, property owner Agent: Bob Feldman location: Southeast corner of Boynton Beach Boulevard and N.W. 7th Street (660 W. Boynton Beach Boulevard). File No.: MSPM 97-002 land Use Plan Designation: Local Retail Commercial (LRC) Zoning Designation: Neighborhood Commercial (C-2) Type of Use: Copying service and print shop Number of Units: N/A Square Footage: Site Area: 13,700 square feet (0.3145 acres) Building Area: 3,780 square feet Surrounding land uses and Zoning District: Find attached Exhibit "An - location map North - Boynton Beach Boulevard and farther north is Wendy's Restaurant, zoned C-2 South - N,W. 1st Avenue and farther south, are single family dwellings, zoned R-1A Page 2 Site Plan Review Staff Report Memorandum #97-467 Clear Copy Existing and Proposed Characteristicsl Development: Concurrency: a. Traffic- b. Drainage- Driveways: East - Medical office building, zoned C-2 West - N.W. 7th Street and farther west is Gateway Center, zoned C-2 On September 19, 1995, the City Commission approved, subject to comments, the site plan request for Clear Copy to allow a new print shop to be located at the southeast comer of Boynton Beach Boulevard and N.W, 7th Street (660 W. Boynton Beach Boulevard). RHS Corporation subsequently filed a Notice of Administrative Appeal to appeal through the circuit court system the City's decision to approve Clear Copy's site plan. RHS owns and occupies the abutting property immediately east of Clear Copy's parcel. There is a medical/dental office building located on this abutting property. Subsequent to site plan approval, the applicant submitted a request to modify the previously approved site plan. The modified site plan was approved by the City Commission on March 19, 1996. Prior to the outcome of the RHS Corporation appeal, the applicant progressed through the permit and construction process and obtained a certificate of occupancy. The court subsequently determined that insufficient notice was given by the city to the adjacent property owners at the time of the initial approval and quashed the city's approval of the site plan, Therefore, the city required the applicant to resubmit and reprocess the site plan. This request is submitted in compliance with the court order. As requested by Palm Beach County Traffic Division, the applicant filed a restrictive covenant that limits the use of the structure to a print shop. A change in use can be requested in the future, but will require further review for traffic by the County. The Engineering Division has determined that the drainage plans meet the city code and drainage levels of service. Two, one-way driveways to the parking lot are reflected on the plans submitted. Both driveways are located on N.W. 7th Street. The south /) v< \ Page 3 Site Plan Review Staff Report Memorandum #97-467 Clear Copy Parking Facility: Landscaping: Building and Site Regulations: driveway is ingress only and the north driveway is egress only. The Engineering Division, Police Department, Fire Department and Public Works Department have determined that this design meets code and provides adequate access for emergency and sanitation vehicles. The parking facility illustrated on the plans submitted contains the required thirteen (13) parking spaces, including one (1) handicapped space, The landscape design reflected on the plans submitted meets the city code requirements. It is noted that the perimeter landscape requirements of Section 5.E of the city's landscape code do not apply to the parking area along Clear Copy's eastern property line. This is because there is an existing hedge on the adjacent property to the east. Although the width of the planting strip, within which the hedge is planted, tapers from 2 % feet to twenty inches, "said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this article". The standard for such a hedge is a height of not less than four feet. The existing hedge meets this standard. The plans submitted meet the requirements of the building and site regulations. The total site area is 13,700 square feet, the building coverage is thirty-seven percent (37%) and the building height is twenty-five (25) feet. Community Design Plan: The elevations submitted indicate the building to be two stories with brick colored tile roofing, The exterior walls are finished with a pink/peach stucco with white raised stucco bands, Windows are arched with bronze shutters. The building has a Spanish/ Mediterranean style which complements the adjacent commercial buildings having the same style. Signage: RECOMMENDATION: A free-standing sign, between Boynton Beach Boulevard and the front of the building, is reflected on the plans submitted. The free-standing sign meets the sign code requirements (see Exhibit "C" - Signage), Planning and Zoning recommends approval of this site plan request as submitted as all staff comments have been addressed (see Exhibit "0" - Conditions of Approval). /.... ~ "- EXHIBIT "A" if- LOCATIOl\1 MAIJ CLEAR COPY, INC. \' :, ~ II-r I I ~ c':k, ).lU lli-.:~ III III ::... ::.. . '~,' / I .. _r <1 ' '--, -1/' , . _ _, 1_ - ,.... ,-==.-..: ~ ~ --. _ ,'''''''' . I. '.... 1;-> - -1-; - ..." _" - ~TT'"!'"'-, ~ \~ :~'= ~: .....E i ': "1: =: =;= / ~ ::=r= "~.-= ..... ::. ,0 -= ; ~ ~~!Li:~~, / \:' .. ,-'L--' ,- _..~~o. t T :.. '.. ....C..; : '. ~ - i; - 1-' - ~ '= _ , ,} ~:II:~~':II!lIjJ . \. \, - , ',- . f- - ~ ".::'~ ,0=:- '=- -:- i 'l[" I,', 'I!I~!' / \. '.~'--l l:'~..... ~:_~ ~S: ~';=; B1 IR ~ ' .""". - - - 1111 .......... E ~~ R1AA .. ': III IIII il~\1 ~ .-- ' C 111I'I'il'II' 'I ! - ~ >- Ir- , : ~ :_ ~~ rrTl 1U1IIt~ IlIlInP !: >- tL'\mllliC I 1-- - ~ Imjl~.. : ~ ';: U-lIIIIW~~ _,:, _:= 1 '[ '! ~ .' Il~lr~ -~ = -::- = ~ - < '~ h--: t- ~ I- t: 7. ,! -1-, .:: _' ~ ~ _ ~ .- -r~'lI_i ' f- ~~ >- . ',_" ,f- ~ ~ lJ ,= . . I " ' ~""l1_.,: -~:; , a-I r"'''' - :-(U.. >-i~ I - - - ~ 1-1-- '''-1 1 ,i ;= ~ ~. ..~ - ~," ~'I ~l ~ ~_ --) _,.... -' '-l.....-ll \...'(. .~- . __, ..... :..:: ~ ' .- .. :;" -:; ''7" ' r- ~ 3 rrr=nl~" -W. - ~ . > '. '. - -- '0 - -. -----: U -, '-ffiT\~!)lr3W I ti ~~ ~:' @~ ~ :~ ~~: 1 "_ '- .-.- "'\11 I I )r) \.1~ r'I Ti ~ / /O{;~ ;::; II;; ~ -r~ ! I , II Re '1'1lftJ11'. I Kj' ~L. /,~' ~''', ()) ~ j'~ :. - l \ C I l~;. ({ Ir-;':rtf~~:1 , ...... "':"...: b.., .~~.: ..~: _ '~' ,'\ 1!l1 ~ ' , ,-- - .... peD .. . 1-, ~:;;; ; Wca ff1rM!Utliu '~( II ~n~~ ~OY' rON . D"(~_~' :~~ I 03rr' ff'J i~\'?1'lh~~ :\~ ill ~[i'm \ r t\ ~ lOll ," r r' J rfilrr p ~r': ~'"'T . " .~ " _ , , ~[ \ ~ lI~iJhf:'!~.: ': ~ -= ~R~ H:~~ L:;:J :.~' ~'~~~ 8 1= 'lr~'l~~ I ,,0),. FlEC-.:h, -:;'Il"ll~ i.:i::l El!lIllIi!I n1D~;~i: : I~.. "'11' --lri'%~~\~::;~~,~-'\r1~~DI\~' rp\~,,,= - fjff., ; ,./~,jiqi;lrCll)l~-Mff -~-11i'"n~ f:F;b: ; ,) I=t ,F c::; I'\~.l ~[.~Jri .-: J;J : :-ffl!,llll i rtn h, I If I I, ~ '" .~ ;-[~, ~l_,: "Hr 'UJ~ i I (,~ ' 11,11 \ lJ, , ] \ l~, ,~,.:.~~.:p~ "'\~"\I :0, 1/8 MILESV' "" T'~::rrri:!f,'j:f/~~: "~/J: ' , · W9 IIII1 I I . "'--- L/ :~..,..,., "'~?"'0" .~'"" '"..: " '0400'SOOFEcT l: .r /.{ - / . ~ 'a' "1 ~ L.f ,. 1, ~ ,'4.,,,,,.' ," ;:' '~. ~1\ '\\1., "\.....1 PI-I'JI\ININti pr;p,.. b-95' ~Y'~g , ' . . . \, "th... '-\ \ ", " T II I , III . II II 1 ~.j EXHIBIT IIB'I (; \ \, \ \ \ \ .' . '1 ,. ,,' '\\11 ~ \ ~I~~ '1 -Vi:: \1 \l t'\ \~\ - 'jl :t,1 \. \ ~ "'l \l \f ~h\\\! ~ ISI \\ ':\ ~ :""t\ll ~ II II \\ ... \:1\\ 1 \ \\ , ~~~1C~ f:l:Aar~ _.--- -- - \ , " SIlJ, ...... ' , \ ~ ~oo' -- - -,.' ,.j r. L ,..). 1.' :J:" <:lo ," ,"1\ \.... \ \ \ ~ $ i \ \ Gl~ '1 \ t 7l \0 l. $", ':1 \' t!' 11 -;; ;0 ,,- lU \~ ~ \-IlI' , ~. ---- \, ,." ' ' I ;l'f' " -)- , ,'\ '-- ~~ i ~ ~ t-i1~.t~t'- eo;;-,,~ ~ 1; ~ "'~\ \ ~~ il 1.~~ .<=.---~ -, <;;- ~ ~ ~J.I ~$ l U i ",J,,', \~ ""!"'''-=-- P '.~ ~\ W n ;. \t. . ,_ ..,.. '" r:. ~ ,,~ l" :..-;"_:.. F.""<:'~"~ p~~ "~ '" '.:'i ~ ~~~ \\ r . "i\ .,~~m <J' ~ ~\~ 'i?% \ \~ ,::% \ : - ~ ~ ~ ,," - 1 \ ,i \ \ .q. \ ~. \~ ~ , v;' \1 ~ \ " \ t~ l' \", ~- ':" ' \ _ ' ;: .ft \ ~9 j" ~, ~ f. ".----.------------- EXHIBIT "C" f .0'." '. ". "". I"""''''.' lIlaUY-.III., ....)11:)".. #G ~en..)" "'."Dl", .... '-"" ...Of.IIl....,f ;3..1.."7 C'IO;;::21 ~h10€'/ "2lt,T;J1 ~_. '''''/<tf:, SI3O't:l c z c;r~ c::I~""No~I, d51ti~ 111l1,:d. N Q l~ V\:::u.. . 'I'IT'I'lv ~ \ - -=' 1VJ.3W =3('1J~~? Cla.l.:vr'tI ~~"1\ :d r:t Norldl~OS30 D l~ ~\) J ~ \,~ ~ :; ....J J ~:r- D (' CL ~,~ ~ ~~ ;2.- )- -r ~ :s (L ~ t\1 i~ '-\ ~~ ,) W :I ~3 ~s ~ ~ :1 ~ -tV ':> > ~} "~ tif / I ""'-r 3 ~ ~ ill '") -:r ~~~ \1 - fr.1 nl:?~ .J \.L ~'J~ ,\) ~\,}~ :'i j ~ _Jt:! ~~1:? ., . .. .. . . . . . ., .. . ., . .. " . .. . .. .. , \\) .. .. . .. .. . .. .. .. .. .. .. .. .. .. . .. . . . .. . . .. . . .. .. ~, \ 'Y it ~ '7 - ~ ~ ")- ~ f "2 ~ ,.~ ~ '2 .j e. ~ --:;:. I. , ' , , r ' . , o \ \r\ EXHIBIT 11011 /c) ~EVELOPMENT ORDER CITY l,,' BOYNTON BEACH, FLORIDA PROJECT NAME: Clear Copy APPLICANT: Robert Feldman APPLICANT'S AGENT: Robert Feldman AGENT'S ADDRESS: 660 W. Boynton Beach Boulevard DATE OF HEARING BEFORE CITY COMMISSION: October 7,1997 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 660 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "A" ATTACHED 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 LHAS 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 "B" with notation "Included". 4, The Applicant's application for relief is hereby L 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 DATED: City Clerk \\CH\MAIN\SHRDA T A\Planning\SHARED\WP\PROJECTS\CLEAR COPY\MSPM\DEVELOPMENT ORDER,doc EXHIBIT "B" Conditions of Approval Project name: Clear Copy File number: MSPM 97-002 Reference: The plans consist of 11sheets identified as 1st Review. Maior Site Plan Modification. File # MSPM 97-002 with a August 18. 1997 Planning and Zoning date stamp marking. 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 FORE STER/ENVIRONMENTALI ST Comments: None X PLANNING AND ZONING Comments: None A ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. /bme s:\projectslcond of apprl 8.A.1 CLEAR COpy MAJOR SITE PLAN MODIFICATION DEVELO....vlENT SERVICES DEPARTME:."T PLANNING AND ZONING DIVISION MEMORANDUM #97-467 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION September 23, 1997 DESCRIPTION OF PROJECT Project Name: Clear Copy, Inc. Applicant: Bob Feldman, property owner Agent: Bob Feldman location: Southeast corner of Boynton Beach Boulevard and N.W. 7th Street (660 W. Boynton Beach Boulevard). File No.: MSPM 97-002 land Use Plan Designation: Local Retail Commercial (LRC) Zoning Designation: Neighborhood Commercial (C-2) Type of Use: Copying service and print shop Number of Units: N/A Square Footage: Site Area: 13,700 square feet (0.3145 acres) Building Area: 3,780 square feet -tJi''': .... . Surrounding land uses and Zoning District: Find attached Exhibit "A" - location map North - Boynton Beach Boulevard and farther north is Wendy's Restaurant, zoned C-2 South - N,W. 1st Avenue and farther south, are single family dwellings, zoned R-1A I Page 2 Site Plan Review Staff Report Memorandum #97-467 Clear Copy Existing and Proposed Characteristicsl Development: Concurrency: a. Traffic- b. Drainage- Driveways: East - Medical office building, zoned C-2 West - N.W, 7th Street and farther west is Gateway Center, zoned C-2 On September 19, 1995, the City Commission approved, subject to comments, the site plan request for Clear Copy to allow a new print shop to be located at the southeast corner of Boynton Beach Boulevard and N,W. 7th Street (660 W. Boynton Beach Boulevard). RHS Corporation subsequently filed a Notice of Administrative Appeal to appeal through the circuit court system the City's decision to approve Clear Copy's site plan, RHS owns and occupies the abutting property immediately east of Clear Copy's parcel. There is a medical/dental office building located on this abutting property, Subsequent to site plan approval, the applicant submitted a request to modify the previously approved site plan, The modified site plan was approved by the City Commission on March 19, 1996. Prior to the outcome of the RHS Corporation appeal, the applicant progressed through the permit and construction process and obtained a certificate of occupancy, The court subsequently determined that insufficient notice was given by the city to the adjacent property owners at the time of the initial approval and quashed the city's approval of the site plan. Therefore, the city required the applicant to resubmit and reprocess the site plan. This request is submitted in compliance with the court order. As requested by Palm Beach County Traffic Division, the applicant filed a restrictive covenant that limits the use of the structure to a print shop, A change in use can be requested in the future, but will require further review for traffic by the County. The Engineering Division has determined that the drainage plans meet the city code and drainage levels of service. Two, one-way driveways to the parking lot are reflected on the plans submitted, Both driveways are located on N.W, 7th Street. The south ~ Page 3 Site Plan Review Staff Report Memorandum #97-467 Clear Copy Parking Facility: Landscaping: Building and Site Regulations: driveway is ingress only and the north driveway is egress only. The Engineering Division, Police Department, Fire Department and Public Works Department have determined that this design meets code and provides adequate access for emergency and sanitation vehicles, The parking facility illustrated on the plans submitted contains the required thirteen (13) parking spaces, including one (1) handicapped space. The landscape design reflected on the plans submitted meets the city code requirements, It is noted that the perimeter landscape requirements of Section 5.E of the city's landscape code do not apply to the parking area along Clear Copy's eastern property line. This is because there is an existing hedge on the adjacent property to the east. Although the width of the planting strip, within which the hedge is planted, tapers from 2 % feet to twenty inches, "said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this article". The standard for such a hedge is a height of not less than four feet. The existing hedge meets this standard, The plans submitted meet the requirements of the building and site regulations, The total site area is 13,700 square feet, the building coverage is thirty-seven percent (37%) and the building height is twenty-five (25) feet. Community Design Plan: The elevations submitted indicate the building to be two stories with brick colored tile roofing, The exterior walls are finished with a pink/peach stucco with white raised stucco bands. Windows are arched with bronze shutters. The building has a Spanishl Mediterranean style which complements the adjacent commercial buildings having the same style, Signage: RECOMMENDA liON: A free-standing sign, between Boynton Beach Boulevard and the front of the building, is reflected on the plans submitted, The free-standing sign meets the sign code requirements (see Exhibit "C" - Signage). Planning and Zoning recommends approval of this site plan request as submitted as all staff comments have been addressed (see Exhibit "0" - Conditions of Approval). 3 Page 4 Site Plan Review Staff Report Memorandum #97-467 Clear Copy xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Clear Copy \MSPM\site plan staff report,doc EXHIBIT "A" if- LOCP:-I0 r,1 MAIJ CLEAR COPY, INC. \' \l,j I rr I I I ['0.. ~ J-lU ~ IJ- -1~1 III ill ~ , '_,-' ,. ,.' _. 1_ r r"'" , ~ ~.....,... - · " _ f-' R 1,- ~ f- I- 1-' ,- -.. . I ~ .' - / ,.r-' '" '~I_'I-- ,.-~.. ,1- r- I, ~~=-, ~~: E :11: t't- _I :, 'II--=t=~'- ::..- ~ ~ - ; / : '. ~ \... .. ,1-' 1-. ' . - -" -1- - , , , ,\, C : 1- . ... - - I' ; - f- - ' t- .. '. , ,_ I- _ - ,_1 , '-" ,__ '1-- I--~' ,-._ ,'= =- / '. ... ,_ . ~- _ I- f- _ _ I;::: , f- I-:::' - - " .~):X ~ ,_ ' - :-1-- - = " ' . \ .~ 1 I- '= ~ fN- ~'::.. '.:Ii1-:l \, " ill I ,,-;- ,,1- l P \\ ~ :::::- -:::~ ' ' I I I '- u.. ' " f-. , - ',!I- r- }-1.J~Li.r:: '~ ,:::. ~ .- , L- L- ~ ~ '. r- j: ." ~ _ _ -r. 1-_ .: : f- \l '" ,I LJ -,I ' 1 : . ,I- ,....... ~ i-- · I \"- r- f- Il.l;f~u..~. .- .- f- 0 - - ,i-- -_: :~ " '~(Pf - ._, "l-:- I L . , ';.\ , I J::' , :.:'; , . . ..,~ "_1' :,- , : r t:::..... L::. ~ - - :. . Ill' ,.. ~ i- r1' - :~~ "~F I F _~~';. ~ ,_1.-- .,,~ I ~. ~ \ f;:;' I:::l, -"JV.\o ~.: -s .'-' .: I. .~ . .- ': =--! r r-r-r-t ".-r.-:::/,__ __ (~j , .. f-' -:; " I R 31 :' ~ ~ , : .M I ... . ~ r .. - 't= l[ .. '::..., r---"-: -lnJ.;-ti.~.!) iG~~/~ ~rl --:-- ~ ",. ~ ~ '~'II1';' --..:. f-"-\ I I , , J .1....1...\ II .' W, "'\.' ~"1.- " II ~1;1t= . --'., r ~- I- _'" '"\ 1 1 11. j , : '-(f I 1 ':/ _~ .' -t:: \' 1 R -lfl,1' ,/ J J': "~, IJT1 / ~%) ~ C, - I- 1'" i.' \ E I ~.';~' n ) IrO'rtf~~.:~) - ><:::::: ~ I; ~'. i:!. \ ~: c ,~LJU" I !Tl-e.2' ' ,,- - .. - - pee .. . I .-, ~~i;; ,lVC8 fI1l iiiil:lR! ~~l ~ (\~~ ,I ~~ ~T()'" ,d~"( ~_ ~' ~l\ \ n~~:TI -I \ II \ ~I~ ,'It, J ~:: If ~ \\\ \ \ill\\ rF-:i'm'~ , ~ :~.,.....;, \~l-I U 1\\ ~-t_ ~ '_!..III" r It' rJ ~,' ( u,..if') 1\ ,\" .-~) L , _J,,' ~""'- r '.!'~" .11 r- ~{;1(f~l~I~2~1[;?~ ~ ~\\ II ~~\ \1=\3 ,'_.. i.'W~.,,~\J\~\ ~'.~l;'~['~I"'.J ~:7I"t-(r:.i1'\ ~~. ,\')}I' .~ P11,~J\1 \ ( "'I- ~... ,~ IJi~ ~~ . -, :::;:1... :;;.! [~flJ : l~ \l, ;I~'" ITl E! k , T," jj=V::.fJ3 .~t:::~~B~: :il,. \ L :l!'~~.'~I,.-=-. , ~['l --...Ia....~ . f. ',1 f\._II__..wL-J- ~,....- :t:l.l I . II i ~~~: jj"; ~~'t],~~TIl:~ R i~-'- c-\' ,... " . . /:.i IJ.~ ~.f rJltl~fi'% .~-lli'"nl ~r ~I-;; h: : ;~ R F q 111;~~ I i-: ..lit TI'fi'fr, ::;, ""\ h . r 1 T i ,;,' _ r:-~r: ~1Lj :;I~~~lLPtl'!IJ~.l;_'I\\ 1 TI~ . ,;. '" ,: I '1',' ).\r~ lm 11 11'\; .. "~I \ LL I ., 1, \ U' \. . ~ ::.,:~.r ~~~.. . .. <~., "0 1/8 MILESI/ A ""\ j It . ,.<.zo ~~, 'd>>' ...', . , V I '" r I I I ~. ~ ... (I '" .~. ' .' ' , . . f~{,.';>: .:.. ,:"',~,.-.'.l..".<:'~ '.: ',. '0 . 00. .800 FEET - : ' "'j. u~,.' ,,' {(,~ ~\ '\\~" " ;" PM/'I/"'INIi Pt;;.pr. b-95' ;-1 ,~,w,' " " \'. ~ ~\' \ ","\-. , , I" 1111'''\\\ , --14'/ -'1 R'1 A A ......1 , . , ~- a1 ~ \ I r ' , ' ,- '1 ~ . , T;TT"T' ~:Jru~~ ~:I;:~!I:r ~~1 lI1IB~\\!I!1 IF:~ E~!:: C moo'I''''II.' !"'..~ ]I~' Il~~i' .,' ~'I ..i.J~.. :[ - 'r- p', Ul-. II EXHIBIT "B" ~ ~ " ~ @ --- \ ;:. ~ ~ ~ ~. ,~ ''I. \~ \ \ \ ~ "... ,... \ <G ....ili--~~ P:Aac~ - ~-- 1-. .. $D. c;>C , ~ ~ t'_ i t CD ~ I Jg.~ i<- "1-' 0 '\1 ~~, \' _..?' cT Ul ,~- " --- {\'-: ..~' ' ;J;;;- \ It \~ E \~~..-4-Jt~' l --:::' !. ~ ,~ ~ i: <lit, ~ ~ ... """ ..~. . .i ~ ~ r'!\ _~\\..,t:. ~ \t~- - A:~.r:=.---- "i ..,. \ ~ t.., ~'1. '\'I \\, ~ . - . J ,/ \~ A ..:= - .~ j :~ . \ . ~ ~t ~t ~ ~"'~., N' W- . ":;'J.~ ~Ji ~' !.~f.'~ '; \~. ~ f:> ('" " d~~" i ~"t >' < \\\ ~\ \ \~ 1 -~---_.....------------ ~ \ 4 \ ~ \,S' \ B ~ \ 'l \ \\ \' . ~ \"' \ t t .. \-. :. \~ \ . ... I ',- of'; \ ~ ~ ' ~ \ {~~. ~ l -: ~ EXHIBIT "C" g- _.___.,_____.__._.__.__...__~m_ __..____u _ --- .>---.-..----------~-._------...----.--.."'..---...- '""a-L V CiO';;rl~ '7?h10~1 7lU'~1 - ,,"'I/~, SI3OV:! II ., I. ... "'.,. ,",.,to1_1 ,.,un",n 'V:lll~"" 4'0 ~..."=-,. "~1)ftM" lWU aVJIII: "0""''''4 o-z:. d2"2l. a' -'?No::l!S1 _~\'f~\~lp f'-I01~Y\~,.~ ',YVTY,V 'Z.\-? 1Y.L3W 3 ('f 1~'9? Clal:Vr-fI W V'\ 11\ d (t NOl.ldl~OS3a l~ " -r 3 ~ Q J~ ~ , ill , -.J ~~~ ~ ~).- a ""CL ~,~ \l _ ~ ~ ~~ 2- ~~~ ')- -t- . --' 0- ~ ::S (L 4 ~f;)~ tfl i~ ~ ti.'~ ,) ~~ .\l ~ :t ~\)~ ~s ~ -.) r- ::t ~~ ~ ~ ~t~ 5 ~~ ..~ tl~ .. .. .. . .. . .. . . . . ~ . . ~ . . . ~ .. .. . -,.... ~ , ~ \\) '2 . .. ~ ,..~ .. t1 .. 7 .. " -j .. .. .. .. . ... .. " . ". .. .. " .. ~ .. .. .. .. ... " ., .. " -:;:. 1 - , ~ tt '=' ,0 , \iI r ~ 9- -- - ~-------------_.._--~._-_._- ---------------. ,._~------ EXHIBIT "0" /0 _,_.,__._~_._____...__..______..._____~_____,._._...___~_.._.... ..... '.Un' _....,_~,____.._ __, __ ,--_.,-~.._-_._._- . .--- ~._,. ~-...~-"--.----.-^--.--- EXHIBIT "D" Conditions of Approval Project name: Clear Copy File number: MSPM 97-002 Reference: The plans consist of llsheets identified as 1st Review. Maior Site Plan Modification, File # MSPM 97-002 with a August 18. 1997 Planning and Zoning date stamp marking, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined, /bme s:\projects\cond of apprl II I ' ~EVELOPMENT ORDER ,-,. CI~F BOYNTON BEACH, FLORIDA" PROJECT NAME: Clear Copy APPLICANT: Robert Feldman APPLICANT'S AGENT: Robert Feldman AGENT'S ADDRESS: 660 W. Boynton Beach Boulevard DATE OF HEARING BEFORE CITY COMMISSION: October 7, 1997 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 660 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "A" ATTACHED 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 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 "B" 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 ... !It -t( DATED: City Clerk J\Planning\SHARED\WP\PROJECTS\Palm Beach Realty\NWSP\DEVELOPMENT ORDER.doc /~ Cll OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 23, 1997 TIME: 7:00 P,M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance 2, Introduction of Mayor, Commissioners and Board Members, 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements, A. Report from the Planning and Zoning Department 1, Final City Commission disposition of the agenda items from the last Planning and Development Board meeting. 6. Swearing in of witnesses. 7. Old Business None 8. New Business A. SITE PLANS Maior Site Plan Modification 1. PROJECT: Clear Copy AGENT: Bob Feldman OWNER: Bob Feldman LOCATION: Southeast corner of Boynton Beach Boulevard and N.W. 7th Street. DESCRIPTION: Request for site plan approval of a 3,780 square foot print shop on a .31 acre parcel of land. Page 2 of 2 Planning and Development Board Meeting Agenda, September 23, 1997 9. Comments by members 10, Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS 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 EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. J: \SH RDA T A \Planning\S HARED\WP\AGENDAS\P&D\9-7 -9,doc TECHN. .-'L REVIEW COMMITTEE ML..~ TlNG AGENDA DATE: Tuesday, September 9,1997 TIME: 9:00 A.M. PLACE: Conference Room C, 2nd Floor, West Wing, City Hall 1. Old Business None 2. New Business A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS) None B. SITE PLANS Maior Site Plan Modification 1. PROJECT: Clear Copy AGENT: George Davis LOCATION: 660 W. Boynton Beach Boulevard DESCRIPTION: Request for site plan approval to construct a 3,780 square foot print shop on a .31 acre parcel of land. (Note: The judge required the city and the applicant to resubmit and reprocess the site plan.) 4. Other Business None 5. Comments by members 6. Adjournment S:\agenda\adm\A TRC090997,doc 1997 REVIEW SCHEDULE SECOND HALF fY ,~ zy-- . CONDITIONAL USE APPROVAL . MAJOR SITE PLAN MODIFICATION . MASTER PLAN MODIFICATION . NEW SITE PLAN . SUBDIVISION - MASTER PLAN ORIGNAL TRC AMENDED P & D MEETING CITY SUBMITTAL MEETING PLANS COMMMISSION DEADLINE DEADLINE MEETING March 24, 1997 April 15 May 12 June 10 July 1 April 7 April 29 May 19 June 24 July 15 April 18 May 13 June 2 July 8 August 5 May 1 May 27 June 13 July 22 August 19 May 23 June 17 July 8 August 12 September 2 June 9 July 1 July 22 August 26 September 16 June 20 July 15 August 4 September 9 October 7 July 7 July 29 <fJ.aaust 18~ Seotemb~ October 21 July 28 August 19 September 9 October 14 *November 5 August 11 September 2 September 23 October 28 November 18 August 25 September 16 October 7 *-November 12 December 2 September 8 September 30 October 20 November 25 December 16 September 18 October 14 October 30 December 9 January 6, 1998 . October 2 October 28 November 14 *-*December 22 January 20, 1998 *November 4, 1997, the i"l Tuesday of November, is Election Day, Therefore, the meeting date is scheduled for Wednesday, November 5,1997, **November 11, 1997, the 2nd Tuesday of November, is Veterans Day, Therefore, the meeting date is scheduled for Wednesday, November 12, 1997, **-November 23, "997, the 4th Tuesday of December, is Hanukkah, Therefore, the meeting date is scheduled for Monday, December 22, 1997, NOTE: (1) TO FACILITATE THE PROCESSING OF THE REQUEST, IT IS RECOMMENDED THAT THE APPLICANT SET-UP, BY APPOINTMENT, A PRE-APPLICATION MEETING WITH THE DIRECTOR OF THE PLANNING AND ZONING DIVISION (561) 375-6260 PRIOR TO THE SUBMITTAL DEADLINE DATE, THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURES, FEE, APPLICATION FORM AND TYPE AND NUMBER OF NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED, (2) IF A SUBMITTAL IS RECEIVED BY THE ORIGINAL SUBMITTAL DEADLINE DATE AND WITHIN TWO (2) WORKING DAYS FOLLOWING THE ORIGINAL SUBMITTAL DEADLINE, THE SUBMITTAL IS DETERMINED ACCEPTABLE FOR PROCESSING, THE SUBMITTAL WILL FOLLOW THE APPROVAL SCHEDULE IDENTIFIED ABOVE, HOWEVER, IT SHALL BE NOTED THAT THE AMENDED PLANS DEADLINE DATE ALLOCATES ONLY TEN (10) WORKING DAYS FOR THE APPLICANT TO SUBMIT A COMPLETE PACKAGE THAT INCLUDES THE PLANS THAT HAVE BEEN AMENDED TO COMPLY WITH THE TECHNICAL REVIEW COMMITTEE (TRC) COMMENTS GENERATED FROM THE REVIEW OF THE ORIGINAL SUBMITTAL DOCUMENTS, TO KEEP THE REVIEW PROCESS ON SCHEDULE THE AMENDED PLANS DEADLINE DATE IS STRICTLY ENFORCED, IT SHALL ALSO BE NOTED, THAT PRIOR TO A PROJECT BEING RECOMMENDED FOR APPROVAL BY THE PLANNING & ZONING DIVISION. AND BEING PRESENTED TO THE PLANNING & DEVELOPMENT BOARD, THE PROJECT SHALL BE RECOMMENDED FOR APPROVAL BY THE TECHNICAL REVIEW COMMITTEE. (3) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICIPAL IMPLEMENTATION ORDINANCE OF PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE REQUIRE ADDITIONAL REVIEW TIME, NOTE: SIX (6) SIGNED AND SEALED COPIES OF THE TRAFFIC IMPACT ANALYSIS ARE REQUIRED WITH INITIAL SUBMITTAL REFER QUESTIONS REGARDING TRAFFIC TO THE DIRECTOR OF THE PLANNING & ZONING DIVISION, (4) THE ABOVE DATES MAY BE SUBJECT TO CHANGE. CONTACT THE PLANNING AND ZONING DIVISION TO VERIFY DATES. Rev 5/27/97 S:\Planning\SHAREOIWP\FORMS\SCHEDI97SITE\97 SITE REVIEW draft for CC,doc MINUTES CITY COMMISSION \ ~RKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1997 Vice Mayor Titcomb moved to approve the agenda as amended, Commissioner Tillman seconded the motion, which carried unanimously, Reginald Stambaugh, attorney for RHS Corporation and Dr. Mark Roberts, requested that Item IV.o.1 be removed from the Consent Agenda so that he has an opportunity to present evidence with regard to this item. None of the Commissioners wished to pull that item from the Consent Agenda, Mr. Stambaugh objected to this and stated that it is a violation of the due process laws, notice provisions, case law, and statutory law with regard to his appellate rights as to be heard, He cited the JenninQs and Synder rulings, Dr, Mark Roberts stated that Florida Law requires the Commission to make public disclosures if they received information or communication from any person regarding a hearing prior to that hearing, The Commission has received notification from him and has not disclosed it. IV. CONSENT AGENDA C. Resolutions 3. Proposed Resolution No. R97-166 Re: Encouraging the Florida Legislature and The Palm Beach County School Board to appropriate funding for the construction of a high school in Boynton Beach and authorizing the City Clerk to forward a copy to the appropriate members of the House of Representatives and Senate and The Palm Beach County School Board On behalf of the Education Advisory Board for the City of Boynton Beach, Nellie Denahan, 650 N.E. 8th Avenue. encouraged the Commission to approve this proposed resolution, which was drafted by David Weinstein. She urged everyone to call the members of the School Board and the legislators and tell them that we need a high school in the City of Boynton Beach. Mayor Taylor commended Ms. Denahan for continually doing a tremendous job to try to focus this whole community on our desire and the need for a high school here. He read Proposed Resolution No. R97-166 by title only. Motion Vice Mayor Titcomb moved to approved Resolution No. R97-166, Commissioner Jaskiewicz seconded the motion, which carried unanimously, 11 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1997 7, Proposed Resolution No. R97-170 Re: Approving renewal of contract with Child Care Resource and Referral, Inc., for substitute teachers in the Latchkey Afterschool Program for the 1997 -98 fiscal year 8. Proposed Resolution No. R97-171 Re: Ratifying the appointment of Vance & Doney, PA to provide legal services related to the development of the Downtown Stormwater Improvements Project Commissioner Bradley pulled this item from the Consent Agenda for discussion, D. Ratification of Planning & Development Board Action 1. Major Site Plan Modification for Clear Copy 2. New Site Plan for Woolbright Medical Office....,...,.., POSTPONED FROM AUGUST 19, 1997 CITY COMMISSION MEETING E. ' Approval of Bills A list of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office, F. Approve draft language in Request for Proposal for a Classification and Compensation Study and authorization to solicit proposals from qualified firms to complete this work Commissioner Jaskiewicz pulled this item from the Consent Agenda for discussion. \ G. Approve disinterment of cremains from Sunrise Building, Section G. Niche F-3 requested by Lori Ann Holman Faroni The cremains are being removed for the purpose of burial in another state. H. Approve request by Edward & Jois Wallschlag to transfer Cemetery Lots 109 and 110 to Seth Chase, 1009 SW 3rd Way, Boynton Beach, Florida 33426 These lots are in Block B of Boynton Beach Memorial Park, I. Approve Records Disposition Request #10 submitted by Code Compliance and approved by the State 17 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1997 This Records Disposition Request was authorized by the State. Motion Commissioner Jaskiewicz moved to approve the Consent Agenda with the exception of the minutes, which were approved separately, and Items C.1, C,8, and F. Vice Mayor Titcomb seconded the motion, which carried unanimously. Motion Vice Mayor Titcomb moved to approve the minutes as amended. Commissioner Bradley seconded the motion, which carried unanimously. II. ADMINISTRA TIVE A. Accept resignation from Eleanor Krusell, Regular Member, Advisory Board on Children & Youth Motion Commissioner Jaskiewicz moved to accept Ms. Krusell's resignation from the Advisory Board on Children and Youth, Commissioner Bradley seconded the motion, which carried unanimously. B. Appointments to be made Appointment To Be Made II Bradley MayorTaylor II Bradley II Bradley MayorTaylor II Bradley I Bradley MayorTaylor III Jaskiewicz I Titcomb I Titcomb* II Bradley III Jaskiewicz II Bradley MayorTaylor* I Titcomb* Board Adv. Bd. on Children & Youth Adv. Bd. on Children & Youth Adv, Bd. On Children & Youth Civil Service Board Cemetery Board Cemetery Board Code Enforcement Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board library Board Senior Advisory Board Recreation & Parks Board S,H.I.P. Affordable Housing S,H,I.P, Affordable Housing 18 Alt StulReg Reg Alt Reg Alt Alt Alt Alt Reg Reg Alt Alt Alt Reg Alt Length of Term Exoiration Date 1 yr term to 4/98 T ABLED-1 1 yr term to 4/98 T ABLED-1 2 yr term to 4/99-1 2 yr term to 4/99 TABLED-1 3 yr term to 4/00 T ABLED-1 1 yr term to 4/98 TABLED-1 1 yr term to 9/98 T ABLED-1 1 yr term to 4/98 T ABLED-1 1 yr term to 4/98 T ABLED-1 3 yr term to 4/00 T ABLED-1 3 yr term to 4/00 TABLED-3 1 yr term to 4/98 T ABLED-1 1 yr term to 4/98 TABLED-1 1 yr term to 4/98 TABLED-1 1 yr term to 6/98 TABLED(3) 1 yr term to 6/98 TABLED(3) MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 7, 1997 V. CITY MANAGER'S REPORT A. Set Workshop Date for Presentation by City Staff on the subject of Utility Billing City Manager Willis advised that the six-month period expires in November and the vendors are anxious to speak to the Commission, This workshop was scheduled for Friday, November 7, 1997, at 4:00 p.m. In Commission Chambers. VI. PUBLIC AUDIENCE Dee Zibelli, 440 Ocean Parkway, spoke of what she considered the unprofessional way that the Commission eliminated Todd Kotas' position from the budget, and the way Mr, Kotas was treated, She felt one of the reasons that this position was eliminated was because Mr, Kotas did not agree with the Commission about the boat storage and the downtown revitalization, She felt politics should stay out of Civil Service and protection should be given to both the employer and the employees, Dr. Mark Roberts said he prevailed in two lawsuits against the City and the City was ordered to pay him Court costs. He has yet to receive payment from the City. He would like the City to look into paying the Court costs, He felt the City Commission is doing a great disservice to the City residents by voting tonight in the manner that they did. He recommended that the Commission reconsider their vote with regard to the Clear Copy issue, Reginald Stambaugh, the attorney for RHS Corporation and Mark Roberts, stated that Item 0,1 was placed on the Consent Agenda. That item is a major site plan modification for Clear Copy. He stated that the Circuit Court heard a case quashing the site plan approval for Clear Copy and a new site plan should be before the Commission. He objected because proper notice and proper procedural due process has not been provided and the essential requirements of law are not being followed. A major site plan modification is not tantamount to approving a new site plan. There are speCific criteria to be followed with a major versus minor site plan modification that is not relevant to these proceedings and the Commission's ratification of a committee's decision is misplaced. He urged the Commission to reconsider prior to any type of appellate proceeding. He requested the Commission to examine the documents that Dr, Roberts and RHS Corporation provided to them yesterday, Those documents were also presented before the committee whose decision the Commission is ratifying this evening. James Miriani, 728 N.E. 8th Avenue, spoke on behalf of some of the senior citizens and requested everyone to speak into the microphones. 21