The URL can be used to link to this page

LEGAL APPROVAL MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Palm Beach County has reviewed the traffic study, and this project meets their Ordinance. The Engineering Department has received the storm water master plan, and indicated that it must' be certified by an engineer that it meets Code. Standard #3 has been accepted by the Engineering Department. Staff recommends approval of this project subject to staff comments. The Planning and Development Board also recommended approval of this project subject to all staff comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. In response to Commissioner Jaskiewicz' question regarding the location of this parcel, Mr. Lelanic confirmed that there is an existing bank building currently on the site which will be removed. Commissioner Jaskiewicz feels this project will be a tremendous asset and aesthetic improvement to the area. Vice Mayor Bradley inquired as to the look of the north elevations. Mr. Lelanic advised that architectural elevations are still in the finalization stages. The applicant has proposed extensive landscaping to the rear of the buildings. There will be a hedge and trees which will hide the view of the rear of the buildings. Ms. Heyden advised that site plans will be required at a later date and full elevations will be submitted at that time. In response to Mayor Pro Tem Matson's question about possible anchor tenants, Mr. Lelanic stated that possible tenants include Barnes & Noble, Linen & Things, ete. Motion Mayor Pro Tem Matson moved to approve the zoning and master plan change from C-3 to PCD 'for Boynton Commons, southwest corner of Old Boynton Road and Congress Avenue, so that a 186,130 square foot retail complex can be built on 23.03 acres of land subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Motion Mayor Pro Tem Matson moved to approve the landscape appeal for Boynton Commons to omit a 2Yz' wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site - Old Boynton Road and Congress Avenue, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. C. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Joseph's Episcopal Church and School Jerome F. Milord St. Joseph's Episcopal Church 3300 South Seacrest Boulevard CON DITIONAL USE APPROVAL - Request for conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30-space parking lot and tennis courts. 9 ,., ... MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995' Jerry Milord, 3600 SLCongress Avenue, requested approval in order to have this work completed in time for the beginning of the next school year. In addition, the three existing basketball courts will be changed to three tennis courts. The applicant also seeks to add 30 additional parking spaces off Swinton for the pre-K and Kindergarten classes. This request is being made to enhance the size of the campus and allow upgrading of the school's facilities. Tambri Heyden, Planning & Zoning Director, advised that this property is zoned R-1 AAB. There are 12 standards used in evaluating conditional uses. 1. Ingress/Egress - No changes are proposed. 2. Off-street Parking & Loading Areas - A shared parking agreement was required in 1988 to allow for future changes. In 1994, that agreement was modified to allow approval of the gymnasium and classroom expansion. The Palm Beach County Traffic Division also required a deed restriction to be filed that limited student enrollment to 225. This application does not exceed the 225 student enrollment requirement; therefore, this project is still in compliance with the shared parking agreement. In addition, they are adding 31 additional parking spaces. 3. Refuse and Service Areas - There are no problems in these areas. 4. Utilities - There are no problems in this area. .J. Screening, Buffering & Landscaping - This project meets Code-required screening, buffering and landscaping. No additional screening or buffering is recommended. 6. Signs & Proposed Exterior Lighting - There is a recommendation regarding shielding.of lighting and illumination levels. 7. Required Setbacks and Other Open Spaces - This project meets required setbacks. 8. ~eneral Compatibility with Adjacent Properties - The proposed addition is not expected to change the compatibility of the project. 9. Height of Buildings & Structures - The proposed building height is compatible with the remainder of the site and the adjacent community. The building height is 21' 10". There are no economic effects or nuisances foreseen with this project. (Standards 1 0, 11 and 12) Staff and the Planning and Development Board recommend approval of this conditional use subject to all staff comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 ~io~~'" Commissioner Jaskiewicz moved to approve St. Joseph's Episcopal Church and School conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30-space parking lot and tennis courts, subject to staff comments. Vice Mayor Bradley seconded the motion which carried 4-0. VII. PUBLIC AUDIENCE: Harry B. Stein, 760 E. Ocean Avenue, reminded the Commissioners that he has appeared before them' several times, and has appeared before other public bodies. He has specifically appeared before every Commission meeting relating to the bridge and the downtown redevelopment area since July 27. He will continue to attend these meetings until the proper decisions and recommendations are made by the Commission. Mr. Stein referred to the "rape of the democratic process" which occurred on September 11, 1995, when two meetings on related topics were scheduled to be held at 7:00 p.m. One of the meetings, the Community Redevelopment Advisory Board (CRAB), scheduled to be held at 7:00 p.m., was actually held at 6:30 p.m. When he arrived at 6:45 p.m., Ms. Ford advised that the meeting had been adjourned. On October 9, 1995, a meeting of the Community Redevelopment Advisory Board was scheduled for 6:30 p.m. Mr. Stein arrived for the meeting and waited with Janet Prainito of the City Clerk's Office, who was present to record the meeting. No one showed up for that meeting. (Mayor Pro Tem Matson interjected that she was also present for that meeting and when no one arrived, she left.) In Mr. Stein's opinion, on October 28, 1993, the City Commission made a mistake hiring a Redevelopment Coordinator who had no familiarity with the area and was not qualified. He urged the Commission not to make another mistake. ,\1ayor Taylor advised that he was a member of CRAB and knows that the meetings were always conducted at 6:30 p.m. The September 11 th meeting began at 6:30 p.m., and because there was only one issue to address, it concluded within ten minutes. Mayor Taylor has still not been able to determine why the meeting appeared on the schedule for 7:00 p.m. In response to Mayor Pro Tem Matson's question, City Manager Parker said she did not know the CRAB meeting on October 9th was being cancelled. At Mayor Pro Tem Matson's request, she will investigate this situation. Fay Fiess, of _NW _3rd5treet, said her neighborhood is experiencing ongoing drug problems. She expressed her fear of robberies. She has installed bars on the inside and outside of her home, installed a steel back door, and has purchased a gun. She asked for assistance from the Commission in finding a solution to the problem. She offered to assist the City in soliciting funds for a drug-sniffing dog. She contacted the County and was told that the cost of training the dog would be $4,500. Mayor Taylor confirmed Mrs. Fiess' telephone calls to the Police Department and their response on many occasions. He explained that the Police must act within the law. The City had drug-sniffing dogs in the past. It is very expensive to maintain the dogs. Mayor Taylor is willing to discuss this situation 11 '-' ..... MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 and investigate the possibility of reinstituting the program. He explained that he has participated in the Wrice anti-drug marches throughout this neighborhood, and urged Mrs. Fiess to participate. Mrs. Fiess expressed fear of reprisal if she participates. Mayor Taylor explained that the last thing the drug dealers want to do is touch anyone who participates in the march. The Police Department has provided outstanding protection to the marchers, and it is imperative that the community members participate to show the dealers that the community will not tolerate their actions. Mayor Pro Tem Matson pointed out that the impact is greater when the dealers see the community joining forces and realize their neighbors are protesting. Commissioner Jaskiewicz said it is a sad commentary when someone has to come to a City Commission meeting and bare her soul because of these conditions. She has asked about drug-sniffing dogs on a few occasions because she saw how effective these animals were when she was working in the school system. Commissioner Jaskiewicz questioned whether or not the City could get these dogs on a loan basis. Chief Dettman responded affirmatively. Commissioner Jaskiewicz questioned whether or not the Police could enter a premises if the dogs sniff out drugs. Chief Dettman explained that the only way the Police can enter the house is with a legalized search warrant. The dealers Mrs. Fiess refers to are dealing outside of the house. The Police have made several cases against them which are currently pending. Vice Mayor Bradley said the Chief and Herman Wrice explained on many occasions the revolving door policy and the inability to put and keep criminals in jail. In order to make an impact, the dealers will have to be driven out of the community. Mr. Wrice pointed out that the people who live in the communities fear retaliation and, therefore, are afraid to participate. However, the people must believe that the Police will protect them. Mayor Taylor said Saturday night's march consisted of five members of the Boynton Beach community and five members of the Pompano community. He urged the community to participate. Julio Rodrigu~5iSoutnlake~Qrive, addressed the Commission relative to boat docks and boat canopies. When he purchased his home, it was his understanding that he would be able to refurbish his boat dock and install a canopy. He has learned that the City's policy has changed and he cannot pursue this course of action. He was told that the reason for the change in policy is that these canopies will block the view of the lake and because of the City's concern with the structural integrity and safety of the structures. Mr. Rodriguez feels these issues can be addressed on an individual basis. He urged the Commission to reconsider this issue. Mayor Taylor advised that a previous Commission made this decision to not allow canopies over docks. When this Commission was seated, the issue was raised again. At that time, a decision was made not to look into this situation any further because of the concerns about blocking the view of the water, and the structural integrity. While Mayor Taylor understood Mr. Rodriguez' feel ings on this matter, it was his opinion that a decision was made for the entire community. 12 .,fIok.......,'.I..... ;/ 4121'7-738-57:" 9(. 321 PI2I2 ~ )11 0'-'" ~~ ~L ~~~ ~~IJ~~t1" ~ 1~5 (pt'l' to"" 0 cJ1'~\ E. L) ~ (o(f-~~ -(0 I) ~ ? AU&-2~-1~1t t2:26PI 94-288887 ORia 8399 p, 1 719 I 11...._.........1.1 .1ILORD DEUELopr1ENl MAR 17 '95 12!33 " "I . ~.. THIS INSTRUMENT PREPARED BY AND PLEASE RETU1RN TO: James A. 3allerano. Jr.. Esquire CHAPIN &: ARMSTRONG ~ 1201 George Bush Boulevard Delray B~A~~, FL 33483 ..~.....~.....~.......__....._.....&=E=======m.DCD==..__.......__ DBCI..ARA.'J'ION AND RESTRICTIVE COVENANT REGARDING ROAD IM~CT ~i This Deolaration', and Restri9tive Covenant (hereinafter referred to as "Declaration"), is exeouted this 16th day of August, 1994, by ST. JOSSPH'S SPISCOPAL CHORCH, el oQrporation not ,..for proei t, organ.:Lllea ana e~d.tin9 undor the :lawe of the State of Floridel, (hereinafter referred to as "OWner"). RECITM..q WHER.eAS, Palm Beach County (hereinafter referred to as "county") is empowered and authorized to ad~lust t.he amount of t:he fair share cont.ribution for Road Improvements eee (hereinafter "impact fee") pursuant to Article 10 of the Land Development Code and the laws of the State of Flor~da; and, both the County and the Owner:have determined that it ia' in their best .intereatsto execute this Dee:Llration, B,nd "tha,t .thi,s Declaration will ,further, the aims of the Fair.. Share Contribution for Road Improvements Section, Article 10 of the Land Development Code (hereinafter referred to. as "Article 10") ; and ' WHEREAS, Owner is developing a certain parcel of land (~ereinafter referred to as "Parcel") I a legal description of which is contained in Exhibit "A", attached hel:eto and incorporated herein by reference. The land ~ill be used as a church, school, gymnasiu.m. offices, and related facilities. NOW, THEREFORE. in consideration of the County's adjusting the impact fee amount and the promises made by the parties hereto and ather geod and valuable consideration, the sufficiency of which is h.r.by acknowledged by the partiesl the parties hereto do covenant and agr~e as follows! 1. The County computEild the impact fOQ for the USl$ of the Paroel based on the traffic gene~ation data for an increase of 43 students which now totals two hundred twenty-five (:225) atudents aC provided by qualified engineers. This traffic generation data has bee:! submitted to and accepted by the County' Engineer and the Impact Fee Coordinator pursuant to Article 10, Seotion 10.8.E.1. ~he appro'~ed trip rate for this increaee in student population is forty-~even (4?) additionol ~ily trip~. ..10";' -738-Sr M I LORD DEUEL ClP/1Hn 321 P02 MAR 17 '95 12:33 -, . THIS INSTRUMENT PREPARED BY AND PLEASE RETURN TO: James A. ~allerano. Jr.. Es~ire CHAPIN &: ARMSTRONG V 1201 George Bush Boulevard Delray B~.llC!h, FL 33483 AUG-24-1'994 12:261'1 94-288887 OR!B 8399 p, 1 719 I II.................. =a~~==n~~=~~.~~se~e~~~s_~~s_~=.S~=.E=~==========~====.__=g.;====c Dli:Cj:.,AR.A.~'l.QN' AND RESTRICTIVE COVRNANT REGARDING ROAD IMPACT FEE This Declaration, and Restrictive COvCinant (he:reinafter referred to as "Declarationll), is executed thie l'th day of August, 1994, by ST. JOSEFH'S BFISCOPAL CHORCH, a oorporation not ><.for protHt, '.:I:rganiaed and existing uncier tb. law. of thl!l state of 'lo~td&t (ho~.1n.!t.~ ~et.rred to ae -OwnerN). RECITM..C1 WHEReAS, !'alm Beach County (hereinafter refe:r:-red to as "county") is empowered and aut.horized to ad~lust the amount of the fair share contribut ion for Road Improvements fee (hereinafter "impact tee") pursuant to Article lOot the Land Development Code and the laws of the State of Flor~da; and, both the County and the Owner. have determined that it is' in their best .1nteres.ts to execute this DecL~ration, and' tha.t ,thi,s Declaration will ,further the aims of the Fair Share Contribution for Road Improvements Section, Article 10 of the Land Development Code (hereinafter referred to. as "Article 10") ; and ' WHEREAS, Owner is developing a certain parcel of land (~ereinafter referred to as "Parcel"), a legal description of which is contained in Exhibit "A", attached hel:eto and incorporated herein by reference. The land ~ill be used as a church, school, gymnasiurrt, offices, and related facilities. NOW, THEREFORE. in consideration of the County's adjusting the iMpact fee amount and the promises made by the parties hereto and ather geod and valuable consideration, the sufficiency of which is hereby adlcnowlE!!!dged by the parties, the parties hereto do covenant and agr~e as followg~ 1. The County cornputQd the impact foCOl for thQ u!:;Ie of the Parcel based on the traffic gene~ation data for an increase of 43 etudente 'n"hich now totals two hundred twenty-five (225) "tudents ;;c provided by qualified engineers. This traffic generation data has bee::1 submitted to and accepted by the County. Engineer and the Impact Fee Coordinator pursuant to Article 10, Seotion lO.8.E.1. :-he approV'ed trip rate for thie inorease in student population is forty-~even (47) addition~l daily trip~. 40'7-;'::::8-5 M; LORD DEUELOPI'1Et.JT 321 P03 l'1AR 17 '95 12!J4 ORB 8399 p, 17.20 2. The County and Owner agree that the use of the Parcel may ~t so~e future time be converted to a use which may generate more t:-affic t.han originally estimated, provided it is in compliance with all J.aws, ordinances and regulations. If such oonvereion does occur, and the fut\.~re use generates a.dditional traffic, then, at that time, the Owner, or its successors in interest or assigns, covena.nt ar.d a.gree to pay additional Artfelle 10 impact fees as necessary to p:J:'ocOQd with thQ aonvQraion und4ltr th. terms: of Article 10", as "amended. 3. The County and Owner agree thai: no futur~ building permit" for aclc1ition~l liIquare foot~ge will bEl iSGued, and no oha.nge of use to a more inten~ive use will be permitted, until a statement by the County Bngineer verifiee that any .uoh changes will comply with Article 10. 4. Upon reeeipc of ehe Couney Engineer'" statement and upon payment c'f the addi t ional fees required :by the Ordinance, a6 amended, {.he Planning, Zoning and Building Department of Palm Beach county will issue cbe necessary permits. An'y tees originally paid by owner will be credited to owner towards the payment of these additional tees. 5. This Declaration may be amend.ec! or cancelled. in a properl}r executed and recorded document, indicating mutual consent ':If the parties to this Declaration or by their successors in interest. ThS! Impact Fee Coordinator must E~xecute the document. 6. If a provision of this Declaraticn is rendered void or unenforceable by a court of competent jurisdicti.on or by any act of the Legislature, the remaining provisions shall remain 1n effect to the degree they can be given effect. 7. This Declaration shall be and const.itute an obligation on the pr'ope~rty of the OWner J runnit:.g wi th and binding on the Parcel, regardles3 of the title or o'otTIlership thereof, and regardless of any changes which may take place therein. a. The terms of this Declaration shall be effective on the datQ of TGcording, and ShAll bA binding upon and shall inure to all ~ucce9so:r:'g in int",n:es:t to the part ies to the Declaration, and chall run with the OWner's land. .9. w:t thin fourteen (14 j days after thEI pareiQs have approved and Gxe{.mted thi!;: DQolaration, the Owner shall rQoord this Deolaratirm with the C::lerk of the Circuit Cou.rt, Palm Beaoh County, l='lo:ridoi. No permit aha.ll be issued or use c.::>mmenced on the Paroel until a certified recorded copy of this is delivered to the Palm Beaoh County Impaot Fee Coordinator. 40"::'-738-57. 1] LORD DElJELOPMENT 321 P04 I1AR 17 '95 12~35 ORB 8399 p, t 721 IN WITNESS WHEREOF, the Owner has executed this Declaration the day and year first above written. wrrNESS~S . S'r. JOSEPH' S E~PISCOPAL cm.mCH, a corporation not for profit organized and existing under the laws of the State of Florida 'I 4 1-- J By: J~~ o Its .1'rssideint ~ .. STA'I'li OF FLORIDA' COUNTY O~ PALM aEACH I HEREBY CERTIFY that on this day, befo:t:'Et m41, .n offiCle~ duly authorized in the Sta.te and the ount.y or sa~d to take acknowledgmente,pereonallyappeaxed s Tr,asu~er ";SXIl2rKB:i:UU of ST. JOSEPH'S EPrSCO CHURCH, a corporat on not for. profit, organized and existing under th~l lawe of the State of Florida, to me known to be the pereon described in and who executed th~ fore;:,ing inst.rume:r:t and a.cknowledged before me t.hat he execut~ ) the same under authority duly vested in him and produced (,r/lMt,..UI\J ~~Allt as identificacion and who d1d cake an oach. WITNESS my hand,!and otticj..p.l seal in t:he Beate and Councy last aforesaid this L~ day of ~~' 1~'94. ~-r~?<<..J~;lCl?J ~ PtffiLIC ,-=- a.. 1-" ;., 'IL~ J.M5I, fr,~ C, ~~\e of Notary pu lie MY COf-lMISSION EXPIRES: rSecll] ~,~. PATFl'ICIA L. HASTINGS {~t\ NOI~ry '\I~I!c. 5\all of Florido ~~~~!I,r My Qomm. bfI. July' 1~~-19Q6 ~i'J'.f,lU... Canm. U1B753 ..---'- 40'1-'738-572_ . ,] LORD nEUELOPME~.JT 321 POlS r'lAR 17 '95 12~35 ORB 8399 P9 t 722 The terms and conditions or the foregc1ing Declaration and Rest".rictiye Covenant Rega.rding Road Impa.ct F'ee, co the extent the same are binding on Palm Beach County, are 11.ereby accepted by the undereigned on behalf of palm BeaC~1~. duly authorized repre.entat:1.ve this 2;:>~ d.ay of '-\, 1994. ::~~~~ P BEACH COUNTY, FLORIDA Type or Pr~nte N me By: /J '. (21~~~ Typed or Printed Name H, \IiMA \NPDATA \LAW \STJOSEPS\DFC...AR2 . RE..~ 1.0"7-738-5729 ~11 LORD DEL,IEUJPMENT 321 P01 MAR 17 '95 12:33 MILORD DEVELOPMENT CORPORATION CONTRACTORSlENGINEERS 3600 SOUTH CONGRESS AVENUE SUITE [ BOYNTON BEACH, FL33426 TELEPHONE (407) 738-11'73 FAX TRANSMISSION COVER SHEET FAX NUMBER: _ 37.5:-10090 3)'7 JqF) m I r hae:L i:la OJ _ Llfy Dr BOljn-fo () :Jerry {I,1/lnrd 'It: ljlJU ~J/(~ 41/151 t/L/t'cb:t2/J-9. Q C Fe ~CH \ nffd \.\~~' -tLLbrfo5 ,!htL- or {~i()t1 t +r"? j Of Ji ~ PlljJ~ fA U , DATE: t. TO: COMPANY: FROM: RE: .5 PAGES TO FOLLOW <EXCI.-Jl.PJHO COVER SHEE1) IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL BACK AT: (407) 738-1773 OUR FAX NUMBER IS: (407) 738-5729 40r?- '738-5729 MILORD DEUEUJPt1EI"T 321 P02 MAR 17 '95 12:33 '\ . THIS INSTRL~NT PREPARED BY A.lqD PLEF.8E RETIi'RN TO: AU6-24-19<i4 12:26PI 94-288887 ORa 8399 pg 1 719 11..11.......... ..1 James A. 3allerano. Jr.. Esquire CHAPIN & ,~STRONG I ~2?1 George Bus~ B?~l:vard/ j_i~..L.ra.y B@,ach, FL 33483 J ;;~;=~~~~=~~~~~~~~~~~~~~~~~~~e~~~~~~=~====~=:=~~~~:=~;;~~;;;;;;;=; DEC~~:;J;.ON ,AND RESTRICTIW COVRNANT REGARDING ROAD IMPACT FEE This Declaration and Restrictive Covenant {hereinafter l;'eferred to a,s "Declaration1!), is executed this 16th day of August, 1994, by ST. JOSEPH'S EPISCOPAL CHURCH, a corporation not".,for profit, (;,rganized and existing under the law6 of the State of Florida; (hereinafter referred to as "Owner"'). RECITA1.iS WHE,REAS, Palm Beach Count;y (hereinafter refe:r:-red to as ., county") is empowered and authorized to ad~l use the amount of the fair share contribution tor l"{oad Improvelflents fee (hereinafter "impact feen) pursuant to Article 10 of the Land Development Code 2nd the laws of the State of Flor~dai and, both the County and the Owner, haYf;~ determined that it is" 'Ln their best .interes.ts to execute this Decl ,'irat ion, a.nd'tha,t ,this Declaration will ,further the aims of the Fair Share Contribution for Road Improvements Section, Article 10 of the Land Development Code (hereinafter referred to' as IlArticle 10"); and WHEREAS, Owner is developing a certain parcel of land (hereinafter referred to as "Parcel"), a legal description of which is contained in Exhibit "A", attache,d hereto and incorporated herein by reference. The land will be used as a church, school, gymnasium, offices, and related facilities. NOW. THEREFORE. in consideration of the County's adjusting the impact fee amount and the pr'omises made by the parties hereto and othe:r gcooi EiIld valuable consideration, the sufficiency of which is hereby acknowl~dged by the parties, the parties hereto do covenant and agree as fcllows~ ~, The County computsd the impact f~~e for the use of. the Parcel b.u;ed on the tra.ffic gene~;a.tion datiil for an increase of 43 etudentl;! ,....hich now totals two hundred twenty-five (225) students as provided by qualified engineers. This traffic generation data has oee::1. submitted to and accepted by the County. Engineer and the Impact Fee Coordinator pureuant t.o Article 10, Seot.ion lO.8.E.l, ':'he approved t.rip rate for th:L~ increase in etudent population if! forty-~e~~'en (47) !:lddition~l daily triptJ. 407-738-5';>29 M I LORD DElJEL.OPi1EhIT 321 P03 MAR 17 '95 12~34 ORB 8399 P9 17.20 .:.: . The County and Owner agree that the use of the Parcel may ~t some future time be converted to a use which may generate more t:'affic than originally estimated, provided it is in compliance with all Jaws, ordinances and regulations. If such conversion does occur, cmd th.€! futt.~re use 9'enerates additional traffic, then, at that tim€;., the Owner, or its successors in interest or assigns, covenant. ar:.d agree to pay additional Art.icle 10 impact fees as necessa;t.y to proceed with thG cOll1JQrsion und1!;!r the t.9.rms of Article 10, as ;;;rnendec1. 3 . The. County and Owner agree thai;; no fut'.l~e building permits for addicional square footage will b(i iSS1,led, and no change of use to a more int,en,eive uee will be permitted, until a statement by the County Enginee:t~ verifies that a.ny t3u{~h changee will comply with Art,i.:::le ~O. 4. Upon receipt of the County Engineer's statement and upon payrnent;;.'f the additional fee6 required by the Ordinance, ae amended, {.he Planning, Zoning and Building D@partment of Palm B@ach county will lss'.;e tbe necessary permits. Any fees originally paid by owner will be credit.ed t.o owner towards the payment of these additi::mal fees. 5. This Declara1.:ion may be amended or can.celled in a properl)r executed and recorded document, indicating mutual consent -?f the :parties to this Declaration or by their successors in interest. Thi=: Impact Fee Coordinator must execute the document. 6. If a provision of this Declaraticn is rendered void or '\.menforcE!able by a court of competent jurisdiction or by any act of the Legislature, the r.emaining provisions shall remain in effect to the degree they can be given effect. 7. This Declaration shall be and constitute an obligation on the p!"ope,rty of the OWner, ru~"'ling with and binding on the Parcel, regardles$ of the title or o'~ership thereof, and regardless of any changes "'Thieh may take place ther@in. 2. The terms of this Declaration shall be effective on the cl;S.t~ of n~cording, and shall b~ binding i.1pon and shall inure to all successors in inter$st to the parties to the Declaration, and shall run with the OWner'g land. Cl w:t thin fourteen (14 j day~ after thEI parti~G have approved and e"'E,c,lted this n801~ration, the Ow:ner shall record this D~cla.r~tL:m wit:h the Clerk of the Circuit Court, Palm. Beaoh County, 1'1o:c:Lda.. No permit shall be issued or use commended on the Paroel until a certified reco:t~ded oopy of this it3 delivered to the Palm Beach CCH..mty Impact Fee Coordinat.or. 40'~-?38-'=;,? 29 M I ~.[IRD DEl~EUJPMi::NT 321 P04 MAR 17 '95 12!35 ORB 8399 P9 17.21 IN WTI'NESS WHEREOF/ the Owner has executed this Declaration t:.he day and year first above written. WITNESSES' $'1', JOSEPH'S EPISCOPAL CHURCH, a corporation not for profit or~fanized and existing under the laws of the State of F'lorida , n ~ g By: .?*C.;-.-' ~..-v-"b:Jv- !./ Its .klr6l-Sidcnt ~ 'II ST.lI.TE OF FLORIDlI. COUNTY OP PALM .BE1\CH I HEREBY CERTIFY that OT, this day, bBfo:!:'~ mE!, an officer duly authorized in the Sta.te and t.he 10'\.mty oraatd to take aokno..lledgmenta, -pereonal1y ,~ppeared J -1 ~.s Tr'lfasurer llI:SXRXE.a::i::B.lIffU:. of ST. JOSEPH (8 EP:;:SCO. CHURCH, a corporation not fer profit, organiz~d and existing under tht:;l lawe of the State of Florida. t to me known to b~ the per~on d(::gcri~bed in and who executed th~ fo:re;:J:lng inst.rume:ct and <;;;.cknowledged befc.x;e me t.hat he execut~ \ the same under autho;r:-ity duly vested in him and produced (,(/V0/.,U1lJ fJ/lf1t) as identificacioIl ;:md who did take an oat.b. . WITNi~SS my hand.:and otficWl seal in the St-ate and Councy last af.oresa1c ::hi~ -Ll.:?.!.'! day of _~~ J 1994. [J ~~~~~~;l(;~) ~ PUBLIC -,- t9J-I~;(,;,:lL~iI&~/~ ~ rint Name of Notary Pu lie MY COHMISSION EXPIRES: rSeell] ~~~ PATRICIA l.., HASTINGS i~} \ Nlltary ~\Ibilc, Sial. 01 FIorillo \1l~Jt SrIy Oomm. ~.July1~~-~Q96 .~f,lU."1 Conm, U18753 , 407-'738-5729 M] LORD DEUELOPMEt.JT 321 P05 MAR 17 '95 12:35 ORB 8399 P9 t 722 Tr.e terml;) and condit:1ons o! t.he foregc.ing Declaration and RestTict:i'ire Covenant Regarding Road Impa.ct F'ee t to the extent the sa.me are ])ind1ng or~ palm Beach County tare t.ereby accepted by 'the '.lr~dersign~~d on b~ha1f of pa.1m BeaC~h county. as it.s duly authorized representa.tive this ;J..,> day of . ~ ' 19~4. WI'2:'NESSES' p. BEACH COUNTY t FLORIDA (1.) r~~ . ..,.-,r:~. L J ~.-: ~ ftf - =--- T}~ed or PrLnte N me ~i ~ !21#idf:___ ~ Typed or Printed Name y, \liFtTA \WPDATA\IAW\SIJ;)SEPH\I::EC'.d<R2. JlE.5: 40'7-'738-5'729 t'<1 J LORD DEUELOP~~ENT 321 P06 MAR 17 '95 12:36 -- Mff t&tJ.c723 CLERK OF 1lfE COURT -- PB COUNTY, Fl EXHIBI'I' A LEGAL DESCRIPTION The West half (W 1/2) of the Northwest Quarter, (N.W. 1/4), of the; SOU~h~i<;;lst Quart@r, (S.W. 1/4), of the Norl:hw6.st Quarter, (N.W. 1/4.) I of !;;eotion 4, Township 46 South, ~nge43 ~Elt, together with the East half, (E 1/2)/ of t.h@ Noz-thea.et Quarter, (N.E. 1./4) of the Southeast Quarter, (S.E. 1/4), of the Northeaat Quarter, (N.E. 1/4) I of Se.cticn 5, Township 46 South, Range 43 East1 Palm Beach County I Floridat lesa that parcel det3cribed in Official Record Book 3494, pag'e; 148, Palm Beach County Public Recorda. If! \DAT.A\WPDATl'i \LhW\5TJOSEPIl\DECLAP.2 _ RES , , . /;t.~~ /hi U-{ JUN-j6-1995 2:28Pm 95-202656 uRB 8808 P9 1 75 ! 111.111111111 111111 III ~on 10.00 Doc .70 ... : I~ix~ J /tJO E ~~~ ;it&< 6eL~-(~,f% ;;J( 334~ &~~'~I D r u o}(.. a THIS INDENTURE made this EASEMENT 27th day of April ,A.D., 1995, by St. Joseph's Episcopal Church , a corporation existing under the laws of Florida and havin~ it. principal place of busine.. at. 3300 S. Seacres~ Blvd., Boynton Bea first party, to the City of Boynton Beach, a political (100 East Boynton Beach Blvd., Boynton Bch, FI, 334: subdivision of the State of Flor1da, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: The Northwest Quarter, (NW t), of the Southwest Quarter, (SW t), of the Northwest Quarter, (NWt), of Section 4, Township 46 South, Range 43 East; Together with the East half, (Ei), of the Northeast Quarter (NEl), of the Southeast Quarter, (SEt), of the Northeast Quarter, (NEl), of Section 5 Township 46 South, Range 43 East, Palm Beach County, Florida, less that parcel described in Official Record Book 3494, page 148, Palm Beach County Public Records. Together with survey by O'Brien, Suiter & O'Brien. and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW. THEREFORE, for and in consideration of the mutual covenants each to the other running and one ~ollaL a~G c~hc~ good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. ~ , . ORF BBOS pg 176 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. signed, sealed and delivered in the presence of: T~ /;Jcw,,-~ 1!4e~d fA-t-fU ;;!J, fJl~ (;v,r~4- BY Father Warren Michael Cassell PRESIDENT L3. Si~re (U / ,/, , ~ -'/ .A J c. A ~ .... g ~ ~verle'1 fj. W!:lrnkp {CORPORATE iS~3\:':';, Print Name ATTEST: ~ ~~ SECRETARY STATE OF Florida COUNTY OF Palm Beach I HEREBY CERTIFY that on this dQ~, before me, an officer duly authorized in the ~tate ~nd County aforesaid take acknowledgements, personally appeared Father Warren Michael Cassell well known to me to be the Pr-~ident and Rector respectively, of the Corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, anri that the seal affixed thereto ~s the true Cor~orate cleal of saia Corporation. to , the WITNESS my hand and official seal in the County and State last aforesaid this 27thdayof April , A.D., 1995. I "'"~''::''' GRETCHEN A. STUMP I ,,;;;."): "~:'" , :,.: ......'-..'.' '.'.: MY COMMISSION' CC 347731 ~~ \ /-':;~/;j EXPIRES: Fablualy 10. 1998 ..<;::.~,::;>. Ccm'"d Thru Notary PubIc lhIIMlIn c:i<</ 'i. ~~ tary Public~in ~ ~r 6I~ State and County aforesaid. My commission expires: ()./Jo/qg ~ i ., ) .t I ; \ ~ . ,. 1 . j '1 ~. r --) " } ..~ . O! j . .( ORB 8808 P9 1 77 .;. !.~T~JL~IN ~Jl~~~t(T! " : AN DSEMENT 1'0 FEET W I DE I N THE "NORTHWEST QU1\RTP.R '(R.".1/") or THE SOUTHWEST QUARTER .(S.W.I/4) OF THE : NORTHWEST'QUARTBR (N.W.I/4) OF SECTION 4, TOWNSHIP 46 :. SOUTH, RAIIOE .. 3 EAST AND I rl THE EAST HALF (E. I 12) OF THf' . NORTHEAST QUART~ (If. E. 1/4 I o~ TH~ SOUTHE1\ST QtJ1\RTER r (~.E.I/~) OF THE NORTHEAST QUARTER (N.E.I/4) OF SECTION / 5,\: 'l'OW"SHIP ~6 SOUTE, R1\i'Wf' 43 EAST, PALM BEACH ~OUNTY. ~ FLORIDA, THE CENTERLINE OF WHICH IS DESCRIBED AS I "OKOWS. Z _ ~ , ~ ' -- -f. I' .,,- t ,COMHE,CE AT THE SOUTHEAST ('ORNER OF THE SAID NORTHWEST t QUA a,... (N. N .1/4) IJF THE SI 'IJTHWEST QUARTER (S. W . 1/4) OF ; TRE',IfORTHWEST QUARTER (N. W 1/4) OF SECTION 4; THENCE -,1I.89038'15"N., ALOllO THE SOUTH LINE OF THE SAID I NORTHWEST 'OUARTER ew. K .1/4) OF THE SOUTHWEST QUARTER I; .{..,,~ 1/4) or THE IIORTHNEST QUARTER (N. W .1/4) OF SECTION ~ .. ~ 4tr'.00 FEn; TH"'CE N. 00 00' OO"E., ALONG A LINE 40.00 FEft HEST OF AHD PARALLEL HITH THE EAST LINE OF TilE SAID : NORJRWBST"OUARTER (..W.l/1) OF THE SOUTHWEST QUARTER ;I8~W.l/.),eP THE NORTHWEST QUARTER (N.W.I/4) OF SECTION t '4'~'J~90' FEft;' THENCE N.89022'40"W.. 561.70 FEET; : 'I'8B,"*'..33o~I' 35.,~~W., 3.95 FEET TO THE POINT OF 1 BBOJJjfjCl; 'l'IIERCB N. 61007 t r:,.. "W., 109 t 01 FEET; THENCE t.....90.'25"W:; 90.00 FEET: THENCE 8.4503I'35"W., 20.20 [P8ft! r"ftIEffCE 8.88000'00"W., 102.30 FEET TO THE WEST LIN'E ; or,~ saID EAST HALF (E.l/~> OF THE NORTHEAST OUARTER I (It. IE .1/4) 01' Tn SOUTHEAST QUARTER (S. E. 114 r OF THE ; tiORTHBMT QUARTER { N . E. 11 4 I OF SacT ION 5. ~. .:.~ f , i Tn. SIDK LIRES OF SAID EAS~HEHT TO ~E EXTENDE~ OR r .j~~'CS:tTZIfED TO MEET AT ANGLF: POINTS AWD 'ro TERMINATE AT "Tlra SAID WEST LINE OF THE S}\ID EAST HALF (E .11 2) OF TilE ; NORTHEAST QUARTER (N. E. 1 14 I OF THE SOUTHEAST QUARTER ! (8.E.l/4) OP THE NORTHeAST OUARTER (N.E.I/4) OF SECTION : ~ ~ .' " ~I ~ " l.. I ~.:L ~ .... " , ~mlEILI~~.~~~T 1 ,All EASEMENt 12 FEET WIDE IN THE NORTHWEST QUARTER ,'(".".1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE . IIORTRNEST QUARTER (H.W.1/41 OF SECTION 4, TownSHIP 46 : SOUTH, RANGE 43 EAST, PALH BEACH COUNTY, FLORIDA, BEING ) HORE ,PARTICULARLY DESCRIBf'n ~S FOLLOWS: , ' ~ l THE HORTH 12 FEET OF THE ~0UTH 21 FEET OF THE WEST 349 : FEET or THE EAST 389 FEET 0F THE NORTHWEST QUARTER "(If.W.l/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE . NORTHWEST QUARTER (N.W.l/1) OF SAID SECTION 4. L '. -. ~. t' , .s-- RECORDER'S MEMO: Legibility of document unsatisfactory when received. I I , N,-- ~ " ti ~ i. " __ 40~ \, -""",- , -- I i ; :\: I I~ i ~I I : .... ~ ~ " .../~ ~'':''I t --- "'ZI.$ , I ~ ,'\J ~I~ ~I ~~I ~' !~ ... ~ .,J-...'~/~ I I i I I ; ~I Iii! t.J1 l-j ! I I I I I ~I N! ~, 1- ~ :~ I~ :~ I... I~ !~ 1\ ~, ~! ~ ~ ....' \i I I I I ~ Uj~ ~_/"/ . . ~ ~ ;t. :~ '1-: ~ LV:r QS ': m " ~ - ~ "- ~9 .. 't.. --p If n "- " \ ~ ---I~--- n, _ 11// / ,. ( rrndr~MJ ~ -'1B enOS P 1-78 DOh" ..ry H. W'tLKEl'.h ClERK PB COUNTy', FL - . , ..:.- "T I l ~~~t. "" ,,'- SW. 10 AvE '>rftJ......... u::: 'J ..., ,', ~ I '" _ \ i: " . ,. 11 !YL ~~n ;;; /12AVE! IlJl. ,':. 12 1VE Is~VE j V I 0N'" ;:, ~ '_1 ... w.. · -1V ... '" '(~ ~ SVlI'''S...2~ !AVE ISE 131A SW ~ 14::1 ~ ~j,4 '" , Ai. I \ ~ui.il~l!t'~~"I:~ ~~~~:,7~~~; ; . q lit \10 Park itir~H POINTlt: > ~~I!1 : s(' sel' L ' MJlIN BLVD: WEST I O..J -.-. l.\iia; ~ ' .' : :tll2r.. E 18 AVE l N'lb _ ~ OlJTlI BLVO; _ !:J.j1.~ 3S lbo .~ N luGII PQtNT B~LVD9..'( C")/:.;. ~ .a.::: ~" 'I HIGH POINT BLVO _ /1ifJ20AVE '~f:; ., _, ",l\: 'Hi7"' . J.ou H f.~ n.....'.. 1:1: A:Vl' t....;" EI .~,_<;,~,"" ;lXv ~,~: ~ ~~;t- ...../'31.- w' I,,! II') 12E'" _ W" MANGO IT./ "I... <hI '" ...... 13f2 ~~ 'Ai..~ ....It :Al~ ~'t" .. r;;b. AVI f1 ~_ · ..:~p :Ai ~'Sfi 25AV ~~'~8' "'"1':J~ I r I . I... ...... :'f -.~ OJ 1 ;; JIIati ." lit 711I AvE 1.' ..... · !'!g.:t,' tv.~ "=AV' Xi-~.1 ~.~ ~_~i~ ;w-;;J PI '\. "I~ 2i CT '/~! 11 'If -,;, ...~.fl a -'S( 27 , , \-J!~:? 1 t ~ : ::;T ~;jE r~::: Sf 27 WA'; Ii ~ -, -1'I.fi Sf 21 CT -.... :l..~=~_ ~I"~: S(~, ~ l;:~ e,l-.:;'" 1l:fA'Y ~.., ~~~I:.':~L "I$f.iO~-iA.\fi ~"} t r" u~ U ..,,,.;;:; 'i\Ii: _ I Wh,we;1O .." I t JhI ~~ :.i,tH.~l~ .L~/~C_ ~~ ~ ~ .'~ - 3 --'L- E J A I E I ~I ;L 4 ....r ~ I '.I 'I'34'AVE1 :A :;; t r-1 ----:~~-'1-111 :~~ N*AIIE ....r. '" '" I RMCbib''-.: ~ .... .4"S. W-_-A.1IF' i'~r ... Iii I : 3~ en ~ l E~AVE ". <~ ,.. NW,2@ ~~,:".~, ~ ri~ ~..,.. If 'NW;2ll! ~':'" 1 i ~J:,J;I ~' n~ -j . I~ ~ll] ~ .~~ ~lCS _ s~ 1 jl .'1Y'"''l!...... - ~ '=!.J! "Ad";': .161 rJJ~ i: I ~.v! E~ ,~ - T. i<<1ne fIt' , . ~1~.I1t~i .uIU -- i - ~,.c. 2r ~~~',;J I'. ~ ~ ",..J 1~2Y2 _<<T. . fl- .- I .H ~I soiW. _I~ 21SJ ... I' iTs I · ~ ~ 70~' ~ i I ~ ST ~ oIioJIlf.z ,;-, '. ~,::' _c ~ -NE 17 ~ I All." .1,,=_ I 1 G ct' 16 CT ..,;) ,.., ... 0- ~I... ;uv.11' ,1m 15 ST NE 16 ST ~ ~. BI~"'J ~ -~ J ~ .nhH.'W A.,. _ ,Jl!M NE 15 " .k. A,_ '1 ;: ..~~ "".. I" ~~_'~ t::~ : 1~~I&;J-Ii~,A-:-.ftSt--l rr j iiIIIE -~ --_._~ ',''; . ~-- (;0 III , I ", V ....--.. ~, ......1, . LcJC4T/tJ# Nf4R '- RECORDER'S MEMO: Legibility ot document unsatIsfactory when received. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 motel/apartment projec he Planning and Development Board unanimously recom- mended approval of s request, subject t conditions rece by the utility companies hich is that an ea nt will need to b dicated to cover the width of t right-of-way. In ponse to Commissi Aguila, Ms. Heyden stated that e applicant is awar of this. ne in the audience lshed to speak in ndonment, Mayor H ening declared th vor of or in oppositi ublic hearing closed Commissioner Agu moved to approve aff's recommend to abandon the por- tion of Railro Avenue that abut 13-515 S. E. 4th Street, subject to a con- comitant execution of a utility sement large enough to accommodate the existing utilities. Commissioner Katz seconded the motion, which carried 4-0. r- St. Joseph' $ Epi stopa 1 Church and School Cev.-s -P'f4 - DO?- J ames A. Ba 11 e rano, Jr. ...{i'Gz... St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Conditional Use - Request for Conditional Use approval of an expansion to include a new gymnasium and classroom building. Ms. Heyden advised that this is a request for an amended conditional use approv- al to construct a 5,433 square foot classroom building and a 13,722 square foot gymnasium to the existing St. Joseph"'s Episcopal Church and School. A revised shared parking allocation is requested as part of this approval, based on a staff of 28, a future student body limited by restricted deed covenant to 225 students and a peak parking demand of 133 parking spaces during use of the gym- nasium for afterschool games. No net increase in parking is required; however, some new parking and some redesigned parking is necessary to compensate for some nonconfonming parking spaces which need to be removed. (There were some spaces that were added since the last approval which do not meet current code.) The site is located in a district that can be slated for either Modern or Mediterranean. The building is a modern style and confonms with the design district. Elevations were d1spl~yed on the easel. The Planning and Development Board unanimously recommended approval of this request, subject to all staff comments. H. Project Name: Agent: Owner: Location: Description: IL Commissioner Katz asked if St. Joseph's has polled any of the residents in the area to find out how they feel about this. Commissioner Aguila pointed out that a conditional use requires notices to be mailed to all residents within 400 feet of the subject property. Ms. Heyden advised that she has not received any objections. Commissioner Aguila asked if the applicant is aware of staff comments. Ms. Heyden answered in the affinmat1ve. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 James Ballerano, the petitioner, confirmed that St. Joseph's Episcopal Church and School is in agreement with all staff comments and thanked staff for their diligent efforts with regard to this matter. Commissioner Aguila expressed concern about some approvals that were gained in 1988 and some conditions of that approval not having been met. He asked for a commitment from Mr. Ballerano to comply with all required comments prior to being issued a CO for this building. Mr. Ballerano had no objection to this. He explained that there had been some intervening recommendations from City staff that have changed conditions from 1988 to as they exist presently, and staff is asking us to go back to 1988 conditions. He understood this is also preconditioned to getting a penmit. Since no one in the audience wished to speak in favor of or in opposition to this conditional use, Mayor Hanmening declared the public hearing closed. Motion Commissioner Aguila moved approval of the conditional use for St. Joseph's Episcopal Church and School, subject to all staff comments. Commissioner Katz seconded the motion, w' carried 4-0. VII. appeal scape Code use area of this Commi er Aguila moved approval of St. Joseph's landscape appeal. Commissioner Katz seconded the motion, which carried 4-0. - - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 Commissioner Aguila tion of Railroad A n comitant executio existing utilities. recommendation t abandon th that abuts 51 5 S. E. 4th Street, ubje a a utility easement large enough to acco te the Commissioner Katz seconded the motion, which carried 4-0. St. Joseph' s Epi scopa' Church and Schoo' Cev..s -:Ptr4 - (JO?- James A. Ballerano, Jr. ,ft~ St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Conditional Use - Request for Conditional Use approval of an expansion to include a new gymnasium and classroom building. Ms. Heyden advised that this is a request for an amended conditional use approv- al to construct a 5,433 square foot classroom building and a 13,722 square foot gymnasium to the existing St. Joseph"'s Episcopal Church and School. A revised shared parking allocation is requested as part of this approval, based on a staff of 28, a future student body limited by restricted deed covenant to 225 students and a peak parking demand of 133 parking spaces during use of the gym- nasium for afterschool games. No net increase in parking is required; however, some new parking and some redesigned parking is necessary to compensate for some nonconfonming parking spaces which need to be removed. (There were some spaces that were added since the last approval which do not meet current code.) The site is located in a district that can be slated for either Modern or Mediterranean. The building is a modern style and confonms with the design district. Elevations were displ~yed on the easel. The Planning and Development Board unanimously recommended approval of this request, subject to all staff comments. H. Project Name: Agent: Owner: Location: Description: Commissioner Katz asked if St. Joseph's has polled any of the residents in the area to find out how they feel about this. Commissioner Aguila pointed out that a conditional use requires notices to be mailed to all residents within 400 feet of the subject property. Ms. Heyden advised that she has not received any objections. Commissioner Aguila asked if the applicant is aware of staff comments. Ms. Heyden answered in the affinmat1ve. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 James Ballerano, the petitioner, confirmed that St. Joseph's Episcopal Church and School is in agreement with all staff comments and thanked staff for their diligent efforts with regard to this matter. Commissioner Aguila expressed concern about some approvals that were gained in 1988 and some conditions of that approval not having been met. He asked for a commitment from Mr. Ballerano to comply with all required comments prior to being issued a CO for this building. Mr. Ballerano had no objection to this. He explained that there had been some intervening recommendations from City staff that have changed conditions from 1988 to as they exist presently, and staff is asking us to go back to 1988 conditions. He understood this is also preconditioned to getting a permit. Since no one in the audience wished to speak in favor of or in opposition to this conditional use, Mayor Harmening declared the public hearing closed. Motion Commissioner Aguila moved approval of the conditional use for St. Joseph's Episcopal Church and School, subject to all staff comments. Commissioner Katz seconded the motion, which carried 4-0. VII. PUBLIC AUDIENCE None. - VIII. DEVELOPMENT PLANS A. Consent Agenda - Unanimously Approved by Planning and Development Board 1. Project Name: Agent: OWner: Location: Description: St. Joseph's Episcopal Church and School James A. Ballerano, Jr. St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Landscape Appeal - Request for approval on appeal to Section 7.5-35(d) and (e) of the Landscape Code regarding installing required vehicle use area screening (hedges). ~ LA-A~ &:J4 - Z>t +ik The Planning and Development Board unanimously recommended approval of this landscape appeal, subject to staff comments. Motion Commissioner Aguila moved approval of St. Joseph's landscape appeal. Commissioner Katz seconded the motion, which carried 4-0. - - 21 - REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninn and Zoninq Department PREPARED BY: Michael E. Haaq DATE PREPARED:April 27. 1994 BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use for st. Joseph's Episcopal Church and School June 14, 1994 - Planninq & Development Heetinq and June 21. 1994 - City Commission Meetinq SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leqal Ad SEND COPIES OF AD TO: Newspaper. Property owners within a 400 foot radius of the subiect property and applicant. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVE~BY: - ft. (1) J~~4 .~ < (Departmen ead 1z y H:t (D,Ate) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY, CITY CLERK: COMPLETED: A:legalnot.jj NOTICE OF PUBLIC HEARING James Ballerano, agent, has requested the following parcel to be considered for Conditional Use to add structures to the existing Church and School Facility. Legal Description: The Northwest Quarter, (N.W. 1/4), of the southwest Quarter,(S.W. 1/4), of the Northwest Quarter, (N.W. 1/4), of Section 4, Township 46 South, Range 43 East, together with the East half, (E.1/2), of the Northeast Quarter, (N.E. 1/4), of the Southeast Quarter, (S.E. 1/4), of the Northeast Quarter, (N.E. 1/4), of Section 5, Township 46 south, Range 43 East, Palm Beach County, Florida, less that parcel described in official Record Book 3494, page 148, Palm Beach County Public Records. .Z\ddress: 3300 South Seacrest Blvd. Agent: James Ballerano Proposed Use: Add a gymnasium and School Building to the existing Church and School facility. A HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD AT CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON June 14, 1994, AT 7:00 P.M. ALSO A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON June 21, 1994, AT 7:00 P.M., OR AS SOON THEREAFTER AS THE AGENDA PERMITS, ON THE ABOVE REQUEST. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City commission with respect to any matter considered at these meetings will need a record of proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. '11: legalpub. j j f,1 1 ~O H 2 ?}6J 1).1 WAEO.U U POl EXAN 6, e... ,1.'- _ ~,. 1~ - (,. 0110 , (hereinafter refArr&d to as: "Ownerll). RECr'I'AJd WHEREAS, Palm Beach County (herelnafeer referred to as , "Count.y") is empOwered and authorized to adjust the amount of the Fait' Share Contribution for Road Xmprovementa fe. (hereinafter "impact feen) parsuant. to Article 10 of the Lllnd Development Code and the laws of the St.ate of Florida; and, both the county and the Owner have determined that it is in their best interests to execute this Declaration, and that this Declarat10n will further the aims or the F'air Share Contribution for Road Improvements Section, Article 10 of the Land Development Code (hereinafter referred to as "Article 10"); and WHEREAS, Owner is developinq a certain parcel of land (hereinafter referred to as; "Parcel"), a leqal description of which is contained in EXhibit nAil, attachad hQrato and inoorporated herein by rafarence. The land will be used as a NOW, THEREFORE, in conCl i,Qeration of the Count.y' s adju~tin<J tho iMpact fee amount and the promises made by the parties here~o and other qood and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the parties hereto do covenant and agree as !ollows: 1. The county compute4 the impact tee tor the use ot. the parcel based on the traftic generation data for a as provided by qua11f1ed eng1neers. This traffic generation data has been submitted to and aocepted by the County Engineer and the Impact ree Coordinator pursuant to Article 10, Section 10.8. E.1. The approved trIp rate for this land use is 2 . The County and Owner aqree that the use of the Parcel may at some future time be converted to a use which may qenerate more traffic than originally estimated, provided it is in F:\-<jltl(J-I~2~a303 Il-,,[OAIII POZ complianoe vith &11 laws, ordinances, and regulations. It sucn a converaion doea occur, and the future use generates additional traffJ.c, then, a.t that time, the owner, or its successors in inter~sts or assiqns, Covenant ana agree to pay additional Article 10 impact tees as necessary to proceed with the conversion under the terms or Article 10, 8S amenaed. 3. The County and Owner aqree that no future buildinq permits for additional square footaqe will be issued, and no ohanoe of use to a more intensive Use will be permitted, until a statement by the County Engineer verifies that any such chanoes'will co.ply with Article 10. 4. Upon receipt of tha County Engin~er's statement and Upon payment of ths additional feQs required by thQ Ordinance, aa amended, ~h. Planning, 20ninq and Building Depar~m.n~ of Palm Beach County will i.suo ~he nece.8ary pormi~s. Any fee. originally paid by Own&r will be credi~ed to Owner towards the pa~ent of these additionDl tees. 5. This Declaration may be amended or cancelled in a properly executed and recorded document, indioating mutual consent or the parties to this Declaration or by their successors in 1n~erest. The Impact Fee Coordinator must execute the document. 6. If a provision of this Declaration is rendered void or unenforceable by a court of competent juriSdiction or by any act of the Legislature, the remaining provisions shall remain in effect to the degree they can be qiven effect. 7. This Declaration shall bs and consti~uta an obliqation on the property ot ~na Owner, runninq with and binding on the Parcel, regardless of ~he title or ownership ~hereof, and regardle.. ot any changes whioh may ~ake place therein. 8. The tQrms of this Declaration ahall be effective on the date of recording, 8nd sh8l1 be binding upon And ShAll inure to all successors in interest to the parties to the DeclAr&tion, and shall run with the Owner's land. 9. Within fourteen (14) days after the parties.have approved and executeC this DeClaration, the DeVeloper Shall record this Declaration wltn the ClerJe ot the Circuit court, Palm Beach r:\!_ tll30.t ~ Z~ ~ 3 u3 W.\EUA1U pl1j Coun~y, Florida. No permit Shall be iesuea or use cOJlUllenced on the Paroel un~il a cer~ified recorded oopy of this is delivered to the Palm Beech County Impact Pee Coordinator. IN WITNESS WHEREOF, tbe owner has executed this Declar~tion the day and year first above written. WITNESSES OWNER By: STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officor duly authorized in the state and the Count.y afor~u:a1d to ~ak. acknowledqements, personally appeared to me known to be t.he person desc:ribed in and who ex.ou~od the' foregoing instrument and he acknowledged before me that he executed the 8ame under authority duly vested in him. WITNESS my hand and official seal in the state and County last aforesaid this day of , 1994. NOTARY PUBLIC MY Commission Expires: st. Josephfs Episcopal Church and School Conditional Use Memorandum ~94-158 Attachment to Recommendations This package is presented to the planning and Development Board and rhen to the City Commission the followinq week. The applicant must understand that the permit plans shall be amended to comply with the attached staff comments and that additional comments may be generated by staff following their review for technical compliance of permit documents that are required to be submitted for development of the project. For the applicant's convenience, attached is a list of documents required for permit submittal. An approval of the site plan by the City Commission shall be valid for one (1) year, unless a building permit from the Building Department is secured. If the applicant fails to secure a building permit in that time, all previous approvals shall become null and void. a::::2::2S4.1:8 51 .<?- BUI LDING DEPARTMENT SUBMItTAL DOCUHENIS Congratulations on receiving Site Approval for your proposed construction within the City of Boynton Beach. We appreciate your choosing to build within our City. In order to ensure a timely permitting process, the following documents are required to be submitted in two (2) sets. Each set must be stapled together to form a single package. Incomplete sets can not be accepted. I. A signed and sealed survey (not over six (6) months old) by a registered surveyor in the State of Florida indicating: A. B. C. D. E. F. G. H. I. J. K. All property lines North arrow Existing structures and paving Existing elevations Rights-of-way, with elevations Easements on or adjacent to the sf te Utilities on or adjacent to the site Legal description Number of acres to the nearest one-hundredth (1/100) of an acre Location sketch of property Surveyor's Certificate II. A site plan properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of the structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site G. Location of existing utility lines on or adjacent to the site H. Location of fire hydrants on or adjacent to the site I. Location of dumpster enclosure and details of construction III. A paving plan in conformance with the Parking Lot Code (Chapter 5, Article X of the Boynton Beach Code of Ordinances) indicating: A. B. C. D. E. F. G. H. Calculations for the number of required parking stalls (see Appendix A-Zoning, Section 118) Cross sections Indicating parking lot construction Raised curbing meeting City Standards Double striping meeting City Standards Conformance with the Sidewalk Ordinance (Chapter 12, Boynton Beach Code of Ordinances) Handicapped parking stalls In conformance with the State ltandicapped Code Dimensions for all parking stalls, back-up areas, driveways and traffic lanes Traffic control devices and signs 7.., . A drainage plan for the entire site including: A. Finish grade and pavement elevations B. Drainage calculations C. Details of the drainage system. If total site area exceeds 25,000 square feet, plans must be prepared by a Florida registered engineer and must be sealed D. Inlets must be placed In grassy swale areas V. A landscape plan showing conformance with the Landscape Code (Chapter 7.5, Article II, Boynton Beach Code of Ordinances) showing: A. Complete final landscape construction drawings B. Automatic irrigation system plans with 100% coverage (no City water to be used) C. Plant material must be keyed according to speeles, size and quantity D. Site walls and fences must be indicated on the plans E. Location and contours of proposed berms VI. A lighting plan for the building exterior and site lighting including: Exterior security lighting and pedestrian lighting Lighting for drlvewa1s and parking lots 1. Location of lighting 1. Fixture types 3. Lamp types and sizes ~. Photometric plan showing illumination levels In footcandles 5. Lighting poles design..d for wind loads in accordance with Chapter 12, Standard Building Code VII. Construction documents (all docUllents .....t. be signed, sealed and dated) '. 'I- 1 A. B. A. B. C. D. E. F. G. H. I. J. K. L. H. N. o. P. Floor plans for each proposed structure (indicate use of space) Elevations for each proposed structure (indicate exterior materials and colors) Soil tests Energy calculations plus one (1) cover sheet Foundation plan Typical wall sections Electrical plan view drawings and riser diagram with calculations Plumbing riser diagraa and plan view drawings Air conditioning plan Truss layout Proposed finish floor elevation identified on the plan Board of Health Department stamp (where applicable) Copy of D.E.R. and/or D.E.R.H. permit and plans (where applicable) Copy of Army Corps of Engineers permit (where applicable) Copy of Lake Worth Drainage District permit (where applicable) Copy of South Florida Water Management District penait for surface water lBIl8gement or water use (where applicable) bll - 3/92 A: SUBHITAL. DOC PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-190 Agenda Memorandum for June 21, 1994 city Commission Meeting TO: Carrie Parker City Manager FROM: Tambri J. Heyden ~ Planning and Zoning Director DATE: June 16, 1994 SUBJECT: st. Joseph's Episcopal Church and school - COUS #94-002 Conditional Use (new gymnasium and classrooms) please place the above-referenced item on the City Commission agenda for June 21, 1994 under Public Hearings. DESCRIPTION: This is a request for an amended conditional use approval to contruct a 5,433 square foot classroom building and a 13,722 square foot gymnasium to the st. Joseph's Episcopal Church and School, located at 3300 South Seacrest Boulevard and zoned R-1AAB, Single Family Residential. The new classrooms are intended for specialized teaching of the current 182 students (Kindergarten through grade 8). A revised shared parking allocation is requested as part of this approval, based on a staff of 28, a future student body limited by restricted deed covenant to 225 students and a peak parking demand of 133 parking spaces during use of the gymnasium for games. A total of 133 parking spaces were required with the last approval (1988), however at some point since then, the parking design changed causing some of the existing parking to not meet code. Therefore, although no net increase in parking is required, some new parking and some redesigned parking are necessary to compensate for the nonconforming parking spaces. The site is located in a design district designated as either Modern or Mediterranean. The new construction is a modern style design; building color is ivory. A landscape appeal is requested (see separate request, also scheduled for commission review on June 21st) in lieu of bringing all of the landscaping up to code. RECOMMENDATION: The Planning and Development Board unanimously recommends approval of this request, subject to staff comments (Public Works Memorandum #94-143, Utilities Department Memorandum #94-158, Engineering Department Memoranda #94-114 and #94-146, Building Department Hemorandum #94-117, Parks and Recreation #94- 196 and Planning 3nd Zoning Department memorandum dated June 7, 1994) . tjh Attachments xc: Central File A:StJoeCU