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LEGAL APPROVAL N I/J S {' DEVELOPM r ORDER OF THE CITY COMMI~ IN OF THE (",.Y OF BOYNTON BEACH, FLORltJA' ;'~- . -.~1 . ; Q : :_._O-L_ -- . . I PROJECT NAME: Boynton Shoppes '1 i'1 ; i; ! 1 _ IUUl JAN 9 - C)I APPLICANT'S AGENT: Robert E. Basehart 1 L:~. -~-I APPLICANT'S ADDRESS: 943 Clint Moore Road, Boca Raton, Florida 3 485 f~_:i:~~_:~_:: c:-'..,,_.~_--.J DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 1620 South Congress Blvd, 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 -L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit .C" with notation "Included". 4. The Applicant's application for relief is hereby -L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ,,0>>\\\\\111' "1I1"II/. ~,'\ ..rl'\TON 11 ~~ ~ 0 .........!o., ~- ~ ~ q, .~ORA7"~\-7'" ~ 4. ." ...." :::. ':::::0 .... - - 0 'U ~ - = :z = ~ >- i- (). == -. .- ::. ':. -.. & ~~ l ~ .> u.. , ~ .. ~ -:::. e. .. ,.. :"'<0.: ~ .............. <) ;;::: ~/ _. n~\ ,~ /1/1 r c...J \\'':- I/I',l~!l:~~l'\\.\ DATED: ~~. ?; Q(&:Jek:J ~~ ~~<-... City Clerk J:ISHROA T AlPlanninglSHAREOIWPlPROJECTS\8oynton S/1qlpeslOewlop.Ord. Bo."nlon S/1qlpes.doc ~ ...,I .. EXHIBIT "C" Conditions of AWfoval Project name: Boynton Shoppes File number: NWSP 00-013 Reference: 3'd review olans identified as New Site Plan. File # NWSP-OO-013 with an October 13.2000 PI d Z . D d t 10 anmnll an omnll eoartment ate s amo mar nil. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: 1. A fire hydrant flow test will be required prior to construction. LDR 6-16. X POLICE Comments: NONE X ENGINEERING DMSION Comments: 2. On the site and civil plans, show the sidewalk at the same elevation as the WC accessibility path with an accessible ramp up on both sides per the Florida Accessibility Code. X BUILDING DMSION Comments: 3. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation of _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." Correct the inconsistencies with respect to the finish floor elevation. The civil drawings indicate a different elevation than the site plan and floor plan drawing. [Section 3107.1.2, Chapter 31 of the Boynton Beach amendment;S to the 1997 edition of the Standard Building Code 1 . X 4. At time of permit review, provide detailed drawin2S and documentation on .1 Condition of Approval Boynton Shoppes 3rd Review.doc 11/29/00 - DEPARTMENTS INCLUDE REJECT the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrances is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. X 6. At time of permit review, specify (in tabular form) on the site plan and/or floor plan the proposed use of the facility, type of construction and occupancy classification of the building. The building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the buildingffi shall comply with the codes specified in Chapter 20 of the Land Development Re2Ulations. X 7. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. X P ARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: 8. The applicant has indicated on the landscape plan the intended use of all the existing trees and landscaping on the site. The existing wax myrtle hedge along the West perimeter may have to be replaced with another native hedge material. Any of the existing landscaping / irrigation that is destroyed during X construction, will have to be replaced prior to the final landscape approval. PLANNING AND ZONING Comments: 9. Revise the site plan to include the following: a. The revised Traffic Report ADT = 1,323 (1,128 is shown) b. Provide a 30 foot side setback (12.5' is shown), or obtain variance for the reduction in width (Ch.2, Sec.6, Par.F.7.e.) Site Plan approyal is contingent upon approval of requested variance. c. The correct zoning for the parcel to the south or the subject property is R- 3. X ~ ...", ~ Condition of Approval Boynton Shoppes 3rd Review.doc 11/29/00 - DEPARTMENTS INCLUDE REJECT 10. Prior to C.O. all existing and proposed landscape areas shall meet the minimum PCD requirements of Chapter 2 & 7.5 of the Land Development Regulations. X 11. No sign plans were submitted forreview. If new signs are proposed or revisions are planned for existing signs, the existing sign program for this PCD must be modified. If any future sign plans are not included as part of this review, sign approval will require a separate submittal and approval process. X l~. Submit colored elevation drawings for the Planning and Development Board meetin2. (ChA, Sec.7. Par.D.l&2.) X 13. Site Plan approval contingent upon rezoning of this parcel to PCD. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 14. None. X ADDITIONAL CITY COMMISSION CONDITIONS 15. ToO be det8RIHRee. ~N" V MWR/blw J:ISHROA TAIPLANNINGISHAREOIWPlPROJECTSISOYNTON SHOPPESICONDITlON OF APPROVAL BOYNTON SHOPPES 3RO ReVlEW.DOC Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Motion Vice Chair Dube moved that Item 6.B.1 follow Item 6.A.2. Motion seconded by Mr. Ensler and unanimously carried. B. SITE PLAN New Site Plan 1. Project Name: Agent: Owner: Location: Description: BOYNTON SHOP PES Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD. Chairman Wische noted that there were 13 staff comments and requested that the agent only address the comments that they do not agree with or the ones that require clarification. Mr. Basehart said they agreed with all staff comments. Chairman Wische announced the public hearing. Since no one wished to speak, Chairman Wische closed the public hearing. Mr. Myott noted that the building matches the current buildings. Mr. Basehart stated that this building would be a carbon copy of the existing buildings. Motion Vice Chair Dube moved to approve the request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD, known as the Boynton Shoppes, LLC, subject to all staff comments. Motion seconded by Mr. Hay and carried 6-0. Mr. Kieran Kilday of Kilday & Associates, Inc. arrived and Chairman Wische announced th~t his item would be heard next. Motion Vice Chair Dube requested that Item 7.A.1. (Wood Partners), west side of SW 8th Street, approximately 1/8 mile north of Woolbright Road be the next item on the agenda. Motion seconded by Mr. Friedland and unanimously carried. 5 ., ~ ,,-,""" '" Meeting Minutes Planning and Development Board Boynton Beach, Florida --... November 28, 2000 7. A. PUBLIC HEARING Master Plan Modification/Rezoning 1. Project Name: Description: WOOLBRIGHT PLACE PUD (WOOD PARTNERS) Kilday & Associates Inc. Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10.8 DU;YC Agent: Applicant: Location: Chairman Wische noted that there were ten staff comments and requested the agent only address the ones they do not agree with or need clarification on. Mr. Kieran Kilday said that they accept all staff comments. Mr. Rumpf gave an overview of the project as follows: The property was designated as the Baptist Church Project. The Church decided not to relocate to the site and put the property on the market. The best use determined for the property was a medical complex to include an office building, nursing home and an ACLF. This use required the extraction of this property from the original PUD. It was replaced with a planned commercial development (PCD) designation and classification. However, there was no market for this use and the market now points to use of the property for residential and particularly high-density apartment rentals. Last year the applicant came to the City and requested a land use classification to amend the land use from commercial back to residential. This has gone through City and State processing and is now completed. The applicant has waited to time the final approval of the Land Use Plan Amendment at the City level with the Jezoning of the project. This requires that the project be taken out of the PCD designation and put back into the PUD and rejoined with the existing Woolbright Place PUD in order to develop the property for the residential project. The site plan will come to the Board at a future meeting. Chairman Wische stated that the backup material indicates that Leisureville, which is adjacent to the project is 7.6 dwelling units per acre. Chairman Wische said that the backup material was confusing because if the property was 6 I-iWSP 00 -0\ ~ Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 e 2. Proposed Resolution No. ROO-172 Re: Approving the revised Recreation & Park Department Revenue Policy Manual & Fee Schedule D. Ratification of Planning & Development Board Action: 1. Boynton Shoppes (Side Yard Setback) - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30' setback to allow a 17.5' variance or a minimum 12.5' side yard setback within the Boynton Shoppes PCD 2. Grotto Bay @ Bermuda Place - Request for Technical Site Plan approval for 15.16 acre pod in the Quantum Park PI D. The mixed- use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 3. Boynton Shoppes - Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD , 4. Boynton Landings - Notice of Appeal from the June 20, 2000 decision of the Planning and ZoMing Director, denying Boynton Landings' request for a minor modification of the approved site plan e E. Approve Task Order #1 with Hartman & Associates for the preparation of design/build documents for the installation of a new 12" water main to complete a loop on Hypoluxo Road from Overlook Road to Seacrest Boulevard and replace existing small rear easement water mains in the San Castfe area east of 1-95 in the amount of $43,650. These documents will be used to obtain competitive bid/design proposals. F. Approve the expenditure of $23,090 for the purchase of two Trimble ProXR GPS units from GPSServe, Inc. The Trimble ProXR GPS units are on SFWMD Bid #RFB 00-044. Motion Commissioner Black moved to approve the Consent Agenda. Motion seconded by Vice Mayor Weiland and unanimously carried. VI. CITY MANAGER'S REPORT: A. Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress Study - Award RFP #012-2410-01/CJD to Michelle e 7 Nwsf / (J)/Dl3 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD. (APPLICANT REQUESTS POSTPONEMENT) 3. Boynton Shoppes (Peripheral Greenbelt) - 1620 S. Congress Avenue - Request for relief from Chapter 2 Zoning, Section 5.F.7.f. requiring a minimum ten foot peripheral greenbelt within the PCD zoning district to allow a five foot variance or a minimum five foot peripheral greenbelt along a 230 foot portion of both the east and west property lines of the Boynton shoppes PCD. (APPLICANT REQUESTS POSTPONEMENT) 4. Boynton shoppes - 1620 S. Congress Avenue - Request for new site plan approval to construct an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with drive-through and 1,500 square feet of retail use located on a 0.727 acre outparcel in the Boynton Shop pes PCD. (APPLICANT REQUESTS POSTPONEMENT) E. Approve the expenditure for Server Upgrades and issue a purchase order to Compaq Corporation in the amount of $16,878 F. Approve the balance of excavation of additional material from Veronica Lake (Tract "G") within Cedar Ridge Estates, a PUD located east of High Ridge Road and north of Commerce Park G. Approve the donation from Law Enforcement Trust Fund to The Juvenile Transition Center, Inc. of Boynton Beach in the amount of $2,500 H. Authorize the allocation of an additional $30,000 in available funds for the Fa~ade Grant Program beginning with Fiscal Year 2000-2001 1. Approve additional work on the Gateway Boulevard Improvement Project for the construction of drainage improvements that were an oversight in the original design Item I. removed from the Consent Agenda at the request of Vice Mayor Weiland for discussion. J. Approve payment to Palm Beach County League of Cities for annual membership for FY 2000-2001 K. Approve a contract with Wallace Roberts & Todd, LLC to provide construction documents, permitting and construction administrative services for Boat Club Park for fixed fees totaling $124,900. 6