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LEGAL APPROVAL '. ..; Jtt - 5 9J8 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PL"NNlNG ~ND lONING DEPI ~. r: I 0-17 ~ APPLICANT: St. Joseph's Episcopal Church and School APPLICANT'S AGENT: Jerome F. Milord. DATE OF HEARING BEFORE CITY COMMISSION: Mav 16. 1996 TYPE OF RELIEF SOUGHT: Conditional Use Approval for Demolition and addition of library and art and lecutre buildinos 1\0 r 00)..- ~ LOCATION OF PROPERTY: 3300 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" 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 _x_ 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 the notation "Included". 4. The Applicant's application for relief is hereby _x_ 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: Mav 31. 1996 ~~~~f~~L/~/-' City lerk ~~~ ~ v ~"J_ ~ 1 ~ HOI(4~\ ~ =)0. ~ \:: =.... ! E -- 1 - %~ 19201 ~ ~ ..,. .~ ~ ......... to-. . ~ ~~L01~~~~ C:devBtw.'ftWi rev.1/24/96 EXHIBIT "C" Conditions of Approval Project name: St. Joseph's Episcopal Church and School File number: COUS 96-002 Reference:The plans consist of 9 sheets identified as 1st Review. Conditional Use Approval. File # COUS 96-002 with a March 29. 1996 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: 1- All plans submitted for specific x permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 2 . Need SFWMD & LWDD acceptance prior to x Engineering approval. Chap.6,Art.IV,Sec.5A,pg.6-7 3. Provide certification by developer's x engineer that drainage plan complies with all City codes and standards. Chap.6,Art.IV,Sec.5A,pg.6-7 and Chap.23,Art.IIF, pg.23-8 4. Parking lot section must conform to x City code. Chap.6,Art.IV,Sec.10F,pg.6- 12 5. Photometries must be approved for both x pedestrian and parking lot lighting before permit can be issued. Chap.23,Art.II,A1a,pg.23-6 6. Provide a satisfactory lighting plan. x Chap.23,Art.IIA,pg.23-6 7. Parking lot dimensions, striping, x aisles, stalls, radii, signs, landscaping, etc. must conform with City codes and standards. Chap.23,Art.II,pg.23-6 8. Provide stop signs and stop bars in x accordance with the "Manual on Uniform Traffic Control Devices". Chap.23,Art.IIB2,pg.23-7 Page 2 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 II DEPARTMENTS INCLUDE REJECT 9 . Provide required fire lane markings x and signage. Chap.23,Art.IIM,pg.23-9 BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST . Comments: 10. For preservation purposes, indicate if x there are any existing trees on the site in the area of the new construction. PLANNING AND ZONING Comments: 11. On Sheet C-2, Site Plan, include legal x description, as required by the city's Land Development Regulations, Chapter 2 - Zoning, Section 11. 2 . F. 5d. 12. On Sheet C-2, Site Plan, indicate x traffic flow pattern of the on-site vehicular system, as required by the city's Land Development Regulations, Chapter 2 -zoning, Section 11. 2 . F. 5g. 13. Provide parking information for the x entire site in a tabular form that consists of: -number of required parking spaces, -number of provided parking spaces, Include relevant calculations in accordance with the city parking regulations. Proposed parking should reflect requirements of the American Disability Act. 14. To show compliance with the city x standards, indicate dimensions of parking aisles and driveways. 15. Depict on the site plan the height and x building materials of all fences and buffer walls. 16. Clearly identify on the site plan all x existing and new outdoor lighting fixtures. 17. Provide enlarged sketch of solid waste x containers. Depict their dimensions, height and building materials of enclosures. Provide appropriate landscaping in accordance with the city code. Page 3 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 DEPARTMENTS INCLUDE REJE~ 18. On the proposed site plan, Sheet C-2, x insufficient data regarding site development, as required by the Land Development Regulations, Chapter 2 - Zoning, Section 11.2.F.5n., is provided. Add missing information to comply with the above code provision. 19. Eliminate discrepancies in x dimensioning of the proposed parking lot along Swinton Avenue right-of-way between correctly drawn paving plan and the substandard layout shown on the site plan. 20. Eliminate discrepancies regarding x landscaping between Existing Site Plan, Sheet C-1; Proposed Site Plan, Sheet C-2; and Landscape Plan (not depicted with a symbol). Eliminate inconsistencies between planting materials shown on all the above sheets. 21. In a tabular summary of the proposed x shrubs, indicate quantities for each specie category. 22. Index sheet, Sheet C-1, contains x incorrect list of submitted drawings. Two of the submitted drawings are depicted with the symbol C-1 and two other ones with the symbol C-2. Correct notation of symbols on each sheet. 23. Provide information regarding use of x northeast portion of the property. If the use is recreational, as indicated on the survey, draw in the layout of recreational facilities as they currently exist. If the area is just landscaped; note on the plans, and indicate locations of trees. 24. On the proposed site plan, indicate x with an identifiable symbol the limits of construction related to site work such as sidewalks, new paved or repaved areas, etc. 25. On the site plan, include a note that x the submitted proposal meets the expansion limits, as set out in the restrictive deed covenant of the property for 225 students and 133 parking spaces, during use of the gymnasium. If these limits are exceeded, a new traffic study for the site needs to be submitted before building permit application. 26. Permit plans shall meet all applicable x city codes. 27. Provide color elevations of proposed x library building and proposed addition to the classroom building identified on the proposed site plan as building 5. Page 4 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. TJH/dim a:ComDept.StJ MEETING MINUTES PLANNING Be DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. Joseoh's Eoiscooal Church and School _ Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at Lake Eden PUD Chanae in Zonina Conditions - Denied. Land Use Amendment/Rezonina for Bovnton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautica Sound - Approved subject to the recommendations made by this board. With regard to signage, sign area is interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Bovnton Beach Mall Deoartment Store F - Approved subject to staff comments. The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required. With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vininas Phase II - Approved subject to staff comments. Two Ordinances: 1. environmental Regulations. Adopted 2. Drtve-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a special Planning and Development Board meeting on Tuesday, June 25, 1996. In response to Chairman Dube's question, Ms. Heyden advised that medical offices are going into the facility located at the southwest corner of Woolbright Road and Congress Avenue (old Glendale Federal Bank building). 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 VI. PUBLIC HEARING With regard to the items under Public Hearing and Development Plans, Attorney Cherof stated that all of the materials in the Commission backup package this evening, or any documents presented by staff, will automatically become part of the record. If anyone has other documents that they want to be part of the record. they need to identify those documents when they make their presentation or statement and make certain that a copy is left with the clerk this evening before they leave. He stated that the members of the Commission who have had contact with any of the representatives or parties or people of interest on any of these agenda items should disclose any communication at this time. Vice Mayor Jaskiewicz disclosed that she has spoken to many residents about the Hills at Lake Eden project. Mayor Taylor said he met with residents and received a telephone call from the builder of the Hills at Lake Eden project, indicating that he was going to apply for a rezoning. Commissioner Titcomb disclosed that he received telephone calls from concerned residents, and someone who may be related to the builder, about the Hills at Lake Eden project. Commissioner Bradley spoke to a number of residents with regard to the Hills at Lake Eden PUD. He also spoke to Michael Morton with regard to the Woolbright Place PUD and the Vinings, Phase 2. Commissioner Tillman disclosed that he also received telephone calls from the residents regarding the Hills at Lake Eden. At this time, Attorney Cherof administered the oath to those who will be testifying regarding the items under Public Hearing and Development Plans. A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Joseph's Episcopal Church and School Jerome Milord St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard CONDITIONAL USE: Requestto construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings. Jerome Milord represented St. Joseph's Episcopal Church and School. He requested a conditional use for Phase 3 to upgrade the campus to meet today's standards as far as education and the environment of the school. Their intentions are to demolish the existing library and lecture hall and replace them with new ones. He agreed with all staff's 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 conditions, and the screening of the air conditioning units to be installed on the new phase. He stated that the members of the Planning and Development Board recommended screening the rooftop units on the gymnasium building. He objected to this because it was not in the code at the time he received approval to build the gymnasium. However, he will bring this to the attention of the Board of Directors of St. Joseph's. Mayor Taylor stated that the city has been taking the appearance of our community very seriously, and every time we see a chance to improve our appearance, we do our best to do so. He would appreciate Mr. Milord taking this to his Board of Directors in a positive manner. Tambri Heyden, Director of Planning and Zoning. stated that there are two buildings that are going to be demolished along the south property line and in their place a new building is going to be constructed. This is a conditional use process because schools are a conditional use in the R-1-AAB zoning district. In the conditional use process, a use is considered to be acceptable provided thorough review of such things as ingress and egress, parking, loading, refuge, utilities, screening, buffering, landscaping, relationship to adjacent properties, and economic effects have been evaluated. We have done this and anticipate no further impacts to the surrounding area. Staff recommends approval subject to all staff comments. Also, as Mr. Milord stated, the Planning and Development Board recommended two additional conditions. Mayor Taylor commended staff for doing a thorough job in making sure that all the requirements of the conditional use were met. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve the conditional use request to construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings, subject to all staff comments. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. B. PROJECT NAME: AGENT: OWNER: LOCATION: Hills at Lake Eden, PUD Burl Gentry Newport Properties, Inc. 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard 17 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 CHAIRMAN DUBe POLLED THE AUDIENCE TO SEE IF THERE WAS ANYONE IN FAVOR OF THE PROJECT OTHER THAN THE APPLICANTS AGENT. THERE WAS NO ONE PRESENT WHO WAS IN FAVOR OF THE PROJECT. THE PUBLIC HEARING WAS CLOSED. Mr. Rosenstock reported that he was a participant in the discussions that have taken place since the beginning of this project. His opinions have not changed. He does not feell1e developer is doing the right thing for the citizens of Boynton Beach. It is unnecessary to take a thriving upscale neighborhood, and reduce the property values by allowing a lower cost project to corne into the area. He will not support this project. Mr. Hill and Vice Chairman Golden agreed with the remarks made by Messrs. Wische and Rosenstock. Chairman Dube reported that one of the things that carne out of the Vision 20/20 Conference was the fact that upscale housing is needed east of '-95. There are not many places east of 1.95 to accomplish this. To reduce the square footage of the homes will defeat what it took2Y2 days to gain consensus on. Motion Mr. Aguila moved to DENY the request to amend the original rezoning conditions to reduce the required minimum unit size to be constructed in the PUD from 2,400 to 1,800 air-conDitioned square feet, including staff comments. Mr. Rosenstock seconded the motion which carried unanimously. TO ACCOMMODATE THE PEOPLE REMAINING IN THE AUDIENCE, CHAIRMAN DUBE ACCEPTED A MOTION TO REORDER THE AGENDA. Motion Vice Chairman Golden moved to amend the agenda to move Item 7.B.3, The Boyn1Dn Beach Mall, to just after the request we reviewed, Item 7.A.1, Hills at Lake Eden PUD. This will be the new Item 7.A.2. Mr. Elsner seconded the motion which carried unanimously. AFTER THE MOTION WAS MADE, THE BOARD MEMBERS REALIZED THE APPUCANT HAD NOT YET ARRIVED. Motion Vice Chairman Golden moved to delete the prc-:ious motion. Mr. Wische seconded the motion which carried unanimously. Conditional Use 2. Project Name: Agent! Applicant: Owner: Location: Description: St. Joseph's Episcopal Church and School Jerome F. Milord St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Request to construct a 7,591 square foot new library, 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14,1996 art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings. The board dispensed with a staff presentation since they were all familiar with the back-up material. Mr. Lewicki used the overhead projector to display the site plan. Bill Milord. 3600 South Conaress Avenue. advised that he reviewed the 27 comments in Exhibit "0", and agreed that all of them would be addressed prior to issuance of the building permit. They had no objection to any of the comments. Mr. Aguila noted that the sight of the air conditioning units on the roof of the new gym is terrible. He asked Mr. Milord to consider screening those units. He also questioned what the applicant plans to do about the units on the roof of the new building. Mr. Milord advised that no one else expressed a concern. The gymnasium is already constructed, and has been approved. At this point, he did not know what the applicant could do about Mr. Aguila's concern. Mr. Aguila said screening can be added at any time. He requested that the applicant consider screening the existing equipment, and advised that he would add this as a condition of approval. Mr. Rosenstock questioned why staff did not pick up this item since there is a Code requirement which states that if the equipment is visible from a distance of 600', it must be screened. Ms. Heyden advised that the screening requirement is part of the Community Design Plan that was adopted in April of 1995. Mr. Milord stated that the units for the new building are not nearly as large as the ones for the gymnasium. In addition, the units are already screen by the parapets. Mr. Aguila advised that the Code requires the units to be screened so that they are not visible for 600'. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. Mr. Wische advised the applicant that there are many inexpensive materials that can be used to shield the air conditioning units. Mr. Aguila suggested using a 2" square aluminum tube attached to the roof with a fabric. This is not an expensive item, and the net effect is a much more attractive project. Motion Vice Chairman Golden moved to recommend approval of the conditional use request to construct a 7,591 square foot new library, art and lecture building, including a preschool facility, and a 299 square foot addition to the Classroom #5 to replace the demolished library and lecture/art buildings, subject to all staff comments including appropriate screening in accordance with City Code. Mr. Wische seconded.the motion which carried unanimously. 5