LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
- Division of Planning and Zoning
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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
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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