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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT - Division of Planning and Zoning Bu/enll. KasttuIok, NCARB DlrecrDr BuJ1dbrg 1'Iiuud1Jg & Zoltbtg EIIg/IIur/"Il ~'IIIJ LIcen6e Community RetkvdDpmenl June 5, 1998 Alan M. Gainsborg clo Colliers Lehrer Intemational, Inc. 4850 West Prospect Road Ft. Lauderdale, FL 33309 Re: Boynton Commerce Center II File Number: NWSP 98-002 - New Site Plan (Phase II) & MSPM 98-001 Major Site Plan Modification Location: Corporate Drive Dear Mr. Gainsborg: Enclosed is the City of Boynton Beach development order regarding the City Commission's June 2, 1998 approval of your new site plan request and your major site plan modification request, regarding the above property. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, 7..L.c....._k-~ Michael W. Rumpf Acting Planning and Zoning Director MWR:mae Enclosure xc: Central File (S:\ShrdatalPlanninglSharedl WplProjectsIBcommctrlDev Order letter.doe) America's Gateway to the Gulfstream lOll East Boyatoo Boach Blvd~ P.O. Bol 310 Boynton Beach, Florida 3J425-lJ310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELopr.-~ JRDER OF THE CITY COMM'''C;: I OF T .~ ",ITY OF BOYNTON BEACH, FLOR.....A ~ @ ~ ~ W ~.I'I n JUN _ 51998 ~ PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Menorah Realty, Ltd., clo Colliers Lehrer International, In I APPLICANT'S ADDRESS: 4850 West Prospect Road, Ft. Lauderdale, Florida 33309 DATE OF RATIFICATION BEFORE CITY COMMISSION: June 2,1998 PLANNING AND ZONING OEPT. TYPE OF RELIEF SOUGHT: New Site Plan and Master Plan Modification LOCATION OF PROPERTY: Corporate Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .lL 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 "CO with notation "Included". 4. The Applicant's application for relief is hereby .lL 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 \\\\II\\I1I1/I/IIII/, " ~ BOY.....~~/~ :1.. ". O.A.~ . ~ ...c,oRPo,.r;-...v ~ _' '..... ..~ 7;:". <P -:::. - -. ~. "'- =u: ~>:: =: : C) :: ~ \J 920-yi ~ j ~... ~ ~ ~ ".. , ~ ~I/OAJD'" ~,~oS' ~"'I/I/III\1\1\\\~ DATED: ~ .::f; /P'8 ~A"""'-~~M~' tt City Clerk J:\SHRDATA\P~HARED\'MYROJECTS\BCOMMCTR\NWSP-PHASEII\DEVELOPMENT ORDER NWSP.doc EXillBIT "D" Conditions of Aooroval Project name: Boynton Commerce Center PID File number: MSPM 98-001 and NWSP 98-002 Reference: The plans consist of 12 sheets identified as 2nd Review. New Site Plan and 12 sheets identified as 1st Review. Maior Site Plan Modification. File # NWSP 98-002 and MSPM 98-001 with an Aorill5. 1998 Planninl1 and Zoninl1 Deoartment date stamo markinl1. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: L Public Works requests a drawing for all dumpster enclosures. X UTILITIES Comments: 2. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 3. Dept of HRS permits will be required for the water and sewer systems X serving this project. (sec. 26.12). 4. Comprehensive Plan policy 3C.3.4 requires the conservation of potable X water. City water may, therefore, not be used for irrigation where other sources are readily available. 5. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept application forms or within 30 days of site plan approval, whichever occurs frrst. This fee will be determined based upon final meter size, or expected demand. 6. Water and sewer lines to be owned and operated by the City shall be X included within utilities easements. Please show ..II proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 7. Approval from Palm Beach County Environmental Resources X management must be obtained for the proposed construction within wellfield zones, under the County's Wellfield Protectic.n Act This approval must be furnished to the City prior to our approval of sewer, and drainage plans. Page 2 Boynton Commerce Center PID File No. NWSP 98-002 and MSPM 98-001 DEPARTMENTS INCLUDE REJECT 8. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. Note that fire sprinkler systems with a booster pump will require installation of a reduced pressure zone device, as specified in the City's Code. 9. The waste stream from the manufacturing process must meet the City's X pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream. (Sec. 26-143, 26-147) 10. Water mains shall be looped wherever possible, in compliance with X Health Department Design Standards. This item will be addressed during review of the Health Department penn it set of plans. FIRE Comments: II. Fire hydrant mains should be looped so as to avoid dead-end mains. No X plantings other than sod may be within seven feet (7') of a hydrant for Fire Department connection. POLICE Comments: None X ENGINEERING DIVISION Comments: 12. All plans submitted for specific pennits shall meet the city's code X requirements at time of application. These pennits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Pennits required from other pennitting agencies, such as FDOT, PBC, SFWMD, DERM, L WOD, DEP and any others, shall be included with your pennit request. 13. Add note to plans that damaged concrete sidewalk is to be replaced along X Corporate Drive within property limits. [LDR, Chapter 22, Article I, Section 5.] 14. If the existing east/west 65 foot ingress/egress utility easement is in X conflict with the new construction, obtain the necessary abandonment. Application is available in the Planning and Zoning Division office. IS. Show street sidewalk through all i1riveways to identifY pedestrian path. X [LDR Chapter 23, Article II.P.] Page 3 Boynton Commerce Center PID File No, NWSP 98-002 and MSPM 98-001 DEPARTMENTS INCLUDE REJECT 16. Provide advance pedestrian crossing signage and signage at each of the X three pedestrian crossings per MUTCD. 17. Seed and mulch all disturbed areas where building construction is to be X delayed more than 30 days after site preparation. [LDR Chapter 8, Article IV.E.] BUILDING DMSION Comments: 18. Add to sheet A-2A a typical note that would identify the width and type X of material that is proposed for the sidewalk located in front of each building. The width and surface material of the sidewalk shall comply with Florida Accessibility Code for Building Construction. 19. At time of permit submittal add to the plans a typical detail drawing of X the proposed accessible ramp that is shown on the plans adjacent to the accessible parking spaces. The accessible ramp shall comply with Florida Accessibility Code for Building Construction. 20. At time of permit submittal add to the plans finish grade elevations that X verify the accessible path complies with the grade change requirements specified in the Florida Accessibility Code for Building Construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 21. The existing tree issues will have to be reviewed in the clearing and X grubbing permit for the site. 22. The applicant will have to simultaneously complete all of the landscape X improvements to the west property landscape buffer areas for Buildings A & B and C & D, in conjunction with this new site plan "C". The comment is in conjunction with the ForesterlEnvironmentalist approval comments for the Major Site Plan Modification (Buildings A & B). PLANNING AND ZONING Comments: Page 4 Boynton Commerce Center PID File No. NWSP 98-002 and MSPM 98-00 I DEPARTMENTS INCLUDE REJECT 23. Label on the site plan, the typical source, height and type of exterior X parking lot lighting to be used and also add some to landscape plan. 24. A signage plan will be submitted for permitting to match existing X monument signage on site. 25. Label the parcel's zoning district in the site plan tabular data. X 26. The site data, traffic report and development data have inconsistent X building square footage totals. Verify and correct the site plan. 27. Reference Permit Mod. #50-01091- S, on the landscape plan along the X east property line to document approval of the variance for a reduced greenbelt width along the railroad. 28. Provide method of irrigation, including a description of all proposed X source connections and water outlet locations. 29. Label on the landscape plans, the peripheral landscape strip along the X north property line to correspond with approved verified master plan MPMD 97-005. Vehicular use areas, other then driveways, shall not encroach in required perimeter landscape areas. Ch.2, Sec. 7, Par.H.17. 30. Label on the landscape plans, areas to be treated with sod. X . 31. Revise the plant schedule to reflect the required hedge heights of 3' X along the east and 4' along the north property lines. Ch.7.5, Sec.5, Par.D.1. 32. Provide three copies of the rectified master plan prior to applying for X permits. 33. Provide a clause on the survey stating that the property was abstracted X for rights-of-way and easements, as required by LOR, Chapter 4 Section 7.A. 34. Prior to any permits being issued, the submitted traffic study must be X accepted by the Palm Beach County Traffic Division as conforming with the county's adopted traffic performance standards.' 35. Submit new drainage analysis to show net increase for construction of X buildings A, B, and C on the site. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 26,1998 Mr. Rosenstock seconded the motion. Motion carried 7-0. B. USE APPROVAL 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Amerope Enterpises, Inc. Robert Hatton Northeast corner of High Ridge Rd. & Miner Rd. Request for use approval to add wholesale distribution of x-ray and nuclear shielding glass products to the High Ridge Commerce PID list of permitted uses. Chairman Wische inquired if the applicant were present. Mr. Rumpf stated all applicants were notified. Mr. Dube inquired if the applicant must be present. Attomey Pawelczyk stated that if this Board deny the Petition, the applicant can claim lack of due of process, although they have been notified. Mr. Rosenstock stated that it would set a bad precedent to hear matters without the petitioners being present. Motion Mr. Rosenstock moved to table Item 7.B.1., Use Approval for Amerope Enterprises, Inc. Mr. DuM seconded the motion. Motion carried 7-0. C. Maijor Site Plan Modification 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Boynton Commerce Center PID/Phase 1 (Buildings A & B). Alan M. Gainsborg Corporate Drive Request for major site plan modification approval to construct two warehouse/manufacturing office buildings totaling 154,439 square feet on 10.5 acres of land (formerly Buildings C & D and E & F) to reflect changes from that approved by the City Commission on February 17, 1998 19 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 26,1998 Alan Gainsborg, Director of Construction Management for Colliers International, Inc. 4850 West Prospect Road, Ft. Lauderdale, Florida took the podium. Chairman Wische informed the Applicant that the City had 35 staff comments and Mr. Gainsborg stated that the Applicant agreed to all 35 staff comments. Chairman Wische opened the public hearing on this matter. There was none. Chairman Wische asked if the Board had any comments. Mr. Reed said there is a problem throughout the City with enclosures that are not large enough to hold all the Dumpsters. There are recycling dumpsters that do not sit in the enclosures. Mr. Gainsborg stated that a detail of the. trash enclosure with all dimensions, heights and colors has been submitted, however the comment did not get removed when the amended plans were submitted. Motion Mr. Dubil moved that the item 7.C.3 for major site plan modification approval to construct two warehouse/manufacturing office buildings totaling 154,439 square feet on 10.5 acres of land (formerly BUildings C & D and E & F) to r s from that approved by the City Commission on February 17, 1998 pproved ubject to all staff comments. . Mr. Myott seconded the motion. Motion carried 7-0. C. New Site Plan 2. PROJECT: AGENT: LOCATION: DESCRIPTION: Boynton Commerce Center PID/Phase 11 (Buildings C) Alan M. Galnsborg Corporate Drive Request for site plan approval to construct phase 11 to consist of one warehouse/manufacturing office building totaling 74,084 square feet on 3.57 acres of land Mr. Gainsborg informed the Board that the Petitioner had two items on the agenda. This item is for new site plan approval and the item that was just approved was for major site plan modification. 20 MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 9, 1998 . Approved the Bradshaw variances with some discussion but no alteration of the conditions of approval. . Riverwalk Plaza remains on the table. This application was originally tabled for 30 days atthe City Commission level. . Approved Boynton Commerce Center PID major site plan modification and the new site plan with no discussion. . Approved the Hamptons of Boynton Beach project with no discussion. The Hamptons site plan was approved with no changes to staff comments. . Approved Barrera Land Use Amendment/Rezoning/Annexation and will move forward to the Ordinance stage. . Approved Stor-AII Comprehensive Plan Text Amendment including the addition to Policy 116.1 to modify the definition of Office/Commercial land use classification to include the new concept proposed by the applicant. This item will move forward to DCA for review at the State level. Mr. Rumpf further reported that additional information was requested regarding the Development Award Program. No progress has been made on that program. However, Mr. Rumpf located the Ordinance regarding this program. There is a deadline of October/November. He spoke with the Director of Development about this program and it is believed that the deadline can be met. A concept of program details will be brought forward with respect to program details at a future meeting. With respect to the issue of landscaping and signs, Mr. Rumpf reported that Ms. Heyden was formalizing recommendations to the Commission and they have referred this to a task force. Mr. Dube thanked Mr. Rumpf for his quick response on the LOR and zoning maps. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBUC HEARING Code Review Location: Self Storage fadlitles (tabled at 5/26/98 meeting) William Morris Kilday and Associates, Inc. N/A 1. Project: Agent: . 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FLORIDA JUNE 2. 1998 required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (TABLED S/15/98) Item IV.D.3. removed from Consent Agenda and tabled. 4. Boynton Commerce Center PID/Phase 1 (Buildings A & B). Corporate Drive. Request for major site plan modification approval to construct two warehouse/manufacturing office buildings totaling 154,439 square feet on 10.5 acres of land (formerly Buildings C & 0 and E & F to reflect changes approved by the City Commission on 2/17/98) 5. Boynton Commerce Center PID/Phase 1 (Building C), Corporate Drive. Request for site plan approval to construct phase \I to consist of one warehouse/manufacturing office building totaling 74,084 square feet on 3.57 acres of land. 6. Amerope Enterprises. Inc. - Request for use approval to add wholesale distribution of x-ray and nuclear shielding glass products to the High Ridge Commerce PIO list of permitted uses. (TABLED A T PLANNING & DEVELOPMENT BOARD MEETING OF MA Y 26, 1998) Item IV-0.6 removed from Consent Agenda and tabled. 7. The Hamptons of Boynton Beach - Request for site plan approval to construct 192 multi-family dwelling units (apartments). E. Approval of Bills F. Staff recommends a motion to approve the special event request from DeLuca's Showtime to host a Car and Truck Show in their parking lot June 7, 1998 from 10:00 a.m. to 4:00 p.m. subject to staff comments requiring adherence to City Ordinances and State Laws. Item IV.F. removed from Consent Agenda for presentation. Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items C.l, 0.1, 0.2, 0.3. 0.6. and Item F. Vice Mayor Jaskiewicz seconded the motion. Motion carried 5-0. Presentation of Item IV.C.1 6