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LEGAL APPROVAL &C~ %e City of tJ3oynton 13e~fi 100 'E. 'Boynton 'B~1i 'Boulevard P.O 'Bo~310 'Boynton 'B~Ii, ~forUia 33425-0310 City 9fall. (407) 375-6000 ~.9lX. (407) 375-6090 September 18, 1996 Mr Sam El-Khoh Sprmg Engmeenng, Inc. 3014 U S Highway 19 Hobday, Flonda 34691 Re FIle No LocatIOn. Flowers Bakery Warehouse/DlstributIOn Center NWSP 96-006 Quantum Corporate Park Dear Mr El-Khoh, Enclosed IS the CIty of Boynton Beach Development Order regardmg CommISSIOn approval of your request for SIte plan approval. Should you have any questIOns regardmg thIS matter, please feel free to contact thIS office at (561) 375-6260 Srcerely, .)lJtLl- )\-j) A6"ItL J,,- 71.J1 Ta~bn J lIeyden, AICP Planmng and Zonmg DIrector TJH.dar Attachment xc Central FIle c:develord.flo jitmerica s (jateway to tlie (julfstream tr~ ,4,u",~ ~1/~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA rn' SEP "8 I&) .~ ._~ !. J; APPLICANT PID Flowers Bakery Warehouse/Distribution Center - Quantum Park APPlICANrs AGENT Sam EI-Kholi of Sprinc Encineerinc. Inc. acent for Quantum Associates DATE OF HEARING BEFORE CITY COMMISSION 9/17/96 TYPE OF RELIEF SOUGHT Reauestinc site plan approval to construct a 7.000 sauare feet. new warehouse and office facilitv. and associated parkinc on a 1.3 acre parcel in Quantum Corporate Park. zoned PID. LOCATION OF PROPERTY Quantum Corporate Park DRAWING(S} SEE EXHIBIT "B" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli98nt ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Apputant's application for relief is hereby jL GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4 This Order shall take effect immediately upon issuance by the City Clerk. 5 All further development on the property shall be made in accordance with the terms and conditions of this order ~ .., ..., ~._--",,_....-..........--..-: t'f.1 ~ ~l !1 ..'n:. - a~-;a{",,,,~ '~~ther' I ( ) DATED September 17. 1996 ~~J'W;:~-?~ _ City rk Oev Ord. FIowets 9/1 aIge . \~ \:'i . '-- 7/--- vlllll "MOTOROLA'/! '::A' ~ : /f------- I}.III' (/ / -\~ 1fF \'\': 1 . \. I~~,)_"_ _ u .~ ---I I · r - _' -----...~-,\ ~~~~vI7;;~IT~~;~;r- -1;- [I' ~~:\'~ -" -~~--J: = ~ :-4 TfTl1I ~ ~~ , ~ ill - r- ~]I . .~ . I . _ ~ oJ ~ . . ..-'.... /. . _, roo _ _ ~ -~ : - ~- - : . '~....;. 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I ~~~~ ~Lf Iln PIC \ij ~ > llJ ~ ~ 11) III -I '( I!) ~ ') ) I ,\\\ ~ EXHIBIT "C" ., Project name: Flowers Bakery Warehouse/Distribution Center File number NWSP 96-006 Reference:])le plans consist of 12 sheets identified as 2nd Review. New Site Plan. File # NWSP 96-006 with an August 9. 1996 Planning and Zoning Department date stamp Conditions of Approval DEPARTMENTS PUBLIC WORKS UTILITIES Comments. 1 A Reservation Fee of $19404 is due within thirty (30) days of City Commission approval of this project. The proposed water and sanitary sewer lines and details do not meet Utility Department standards. Utilities requests a meeting with the project engineer and or owner to discuss revisions. 2 FIRE POLICE 3 It is recommended an additional "NO U-TURN" sign be placed in conjunction with the "LEFT TURN ONLY" sign for southwest bound traffic on Park Ridge Boulevard, allowing only a left turn into the site, If the median in Park Ridge Boulevard will not be modified it is recommended that a "NO LEFT TURN" sign be placed in conjunction with the Stop sign for traffic exiting the east driveway If not placed, there would be a tendency for vehicular travel in an opposite flow lane. DEVELOPMENT DEPARTMENT 4 Comments. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following' site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FOOT, PBC, SFWMD and any other permitting agency sha" be included with your permit request. 6 Revise documents to reflect all comments. 5 INCLUDE REJECT ,; v / / I Page 2 FIowerI Bakety Warehouse/Distribution Center NWSP 96-006 DEPARTMENTS INCLUDE REJECT 7 Provide certification by developer's engineer that drainage plan complies with all city codes & J standards. Chap 6, Art. IV, Sec. 5A, pg 6-7 and Chap 23, Art. /IF, pg. 23-8 8. Specify grate elevation of outfall control structure. J Chap 6, Art. V, Sec. 4, par B, pg 6-19 9 Pavement to be as required by Policy E-2 j 10 Where applicable, eliminate 6" curb thru sidewalks. J 11 Comply with Quantum sign program. J 12. Certified. statement that no restrictive covenants ) exist on the land 13 Certified statement that no building or structures will J be placed on any easements or setbacks. 14 Dedication of a 5 foot wide limited access easement / (L.A. E.) along Park Ridge Boulevard. 15 Certified statement that all development and j construction will comply with aI/laws, ordinances, rules and regulations. PARKS AND RECREATION ~NI FORESTER/ENVIRONMENTALIST CI . PLANNING AND ZONING Comments: 16 In order to provide for safe traffic turns to and from / the site onto Park Ridge Boulevard, move the west side of the median cut west to align with the west property line of the subject site. 17 Move the proposed building to the north beyond the j utility easement or submit verification that abandonment request No. 96-002 has received approval. 18. If site will contain signage, plan shall include the location and other description of signage in j conformance with sign code and the Quantum Park sign program. Also, provide elevation view drawings of the signs and specify their height, size and colors. If proposed signage is in conformance with above criteria, it is recommended that the signage be approved administratively 19 Provide sample board containing aI/ exterior J building materials to be used for construction The color of the material samples shall match the color references on the Dlans. Page 3 ., Flowers Bakery Warehouse/Distribution Center NWSP 98-008 .." , DEPARTMENTS INCLUDE REJECT 20 Amend your required parking calculations to provide J proposed number of visitor parking spaces It is recommended that no less than seven (7) parking spaces be identified for visitor parking 21 On the site plan, sheet 3 of 12, in the tabular J summary include the net buildable area in acres and square feet (net buildable area is an area of the lot within the required setback lines) 22. Prior to issuance of the building permit provide Unity of Title document. Also, clarify whether lots 47-A and 47-B are entirely being incorporated into .J the Flowers property, or only their portions. If lots are united, then these two united lots shall be relabeled appropriately on the survey I sheet 2 of 12. 23 Include required landscape buffer calculations for a J perimeter hedge. With an identifiable symbol, distinguish Florida native species from all other landscape materials. 24 At least fifty (50) percent of the trees included in the J perimeter landscape buffer, adjacent to the Park RidQe Boulevard right-of-way, shall be native. 25 Indicate whether there will be any roof top equipment installed as a part of the development. If J there is, provide details for screening of this equipment to meet the requirements per LOR, Chapter 9, Section 11 E. 26 Cut back to the east the east median within Park j Ridge Boulevard to align with the east drvieway on the Flowers site in lieu of the "No U-turn" sign mentioned in comment 3. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 27 Delete comment # 3. 28 Delete comment #4 V 29 Delete comment #14 V 30 Provide dumpster enclosure with gates 31 Provide foundation landscaping on the east, north /' and west sides of the building 32. Move the parking and sidewalk six feet away from / the northeast and northwest comer of the building and add landscaping in that area. ADDITIONAL CITY COMMISSION CONDITIONS 33 To be determined ~ ff-T1JIz1fC7} JUdim c: FLOWERSWPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1 j}21h/ltJ6 rOr/AlMTlO/l,1 UA'tJSc:4jJ/~ r O/tJ ~ A!plZ!T/ F .>-, Ot?" (..~ J"-HtG" Si/Il. tJ/l'V'~ 2. 3 4 5 6 7 8 9 "" .."., \0 SEE In CIty Clerk OrdInances "ORDINANCE 84-51 APPROVING A COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR A PROPOSED INDUSTRIAL OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA, PURSUANT TO CHAPTER 380, FLORIDA STATURES 1984, SUBJECT TO SPECIAL CONDITIONS, DESIGNATING THE CITY MANAGER OF BOYNTON BEACH AS THE LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE WITH THE DEVELOPMENT ORDER." (ThIS document was Included In thIS file behInd the DO but was too speckled to scan) 5/31/06 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17,1996 Ms. Heyden said in terms of landscaping, yes The plans that were submitted the last time the Commission saw this did not address the Community Design Plan comments for landscaping. The applicant understands that he has to comply with those comments. This application is being driven by the applicant's position that adding these windows will bring about a security problem That was one of the reasons why Ms. Heyden added invitation windows into the Code She thinks their percentage was about 8 1/2 or 9 percent in compliance with the windows. She recommended this subject to staff comments, however, she felt they could have extended themselves a little further and provided more invitation windows This carries the front elevations around to the side so it will look more consistent all the way around Commissioner Bradley asked if there is landscaping between the street and the drive through Ms Heyden answered affirmatively Commissioner Bradley asked her to describe the berm Ms. Heyden said it is a 3 to 1 slope, minimum 10 foot wide buffer with landscaping, including understory The motion carried 5-0 D Project. Agent. Owner' Applicant Location Description Flowers Bakery Warehouse/Distribution Center - Quantum Park PIC Sam EI-Kholi Spring Engineering, Inc. Quantum Associates, a Florida General Partnership First Eagle Developments, Inc. Quantum Corporate Park, Lots 47 -A, 47 -B and a portion of Lot 46-A New Site Plan - Request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1 3 acre parcel in Quantum Corporate Park. Richard Bekesh with Spring Engineering stated that Planning and Development Board comment 31 needs to be modified or deleted because it was inadvertently included It states, "Provide foundation landscaping on the east, north, and west sides of the building." They actually did not request that. They only requested it on the north side Ms Heyden ~ said the Planning and Development Board wants landscaping on the north side of the building and on a portion of the east side and on a portion of the west side However, between this comment and comment 32, if you delete the words, "east and west" from comment 31 so that it states, "provide foundation landscaping on the north side of the 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 building", It will cover it. The applicant just pointed out a different interpretation and feels more comfortable deleting those words However, she and Mr Bekesh agreed on what the Planning and Development Board recommended Mr Bekesh said if the words "east and west" were left in, there is the danger that if Ms Heyden were to leave and someone else came in, that person would force the applicant to put landscaping along the east and west. It is a distribution center and we cannot do that. City Attorney Cherof advised that comment 31 should be rejected and we will rewrite a new one as additional condition number 1 that will state, "Provide foundation landscaping on the north side of the building" No one in the audience wished to address this item Motion Commissioner Titcomb moved to approve New Site Plan request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1 3 acre parcel in Quantum Corporate Park, subject to staff comments, with the deletion of comment 31 and the addition of additional condition number 1 Vice Mayor Jaskiewicz seconded the motion, which carried 5-0 E Project: Location Applicant: Owner' Description Palm Walk ACLF (2nd time extension) S W 19th Avenue and Roma Way Mark Fassey Trio Associates, Inc. Time Extension - Request for a second, one-year time extension (August 16, 1996 to August 16, 1997) for conditional use approval and concurrency certification for construction of a 48-bed ACLF built to Alzheimer/Dementia specifications. The applicant was not present. Ms. Heyden said Mr Fassey was present during recess She recommended approval subject to staff comments. No one in the audience wished to address this item 25 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTE MBER 10, 1996 Chairman Dube summarized that the applicant objects to comments 1, 2 and 10 (Comments 1 and 2 were discussed under Item 7 F 1 ) Motion Mr Aguila moved to approve the request for site plan modification to convert an existing 1 ,800 square foot single-family home to an office facility of the corporation and to construct a parking lot associated with this use on 3 acre parcel subject to all staff comments, except comments 1 and 2 and with provisions that they add foundation planting around the entire perimeter of the building and an additional clump of trees on Seacrest Boulevard between the right-of-way and the building Mr Aguila stated that the applicant and staff can discuss the type of trees to put on Seacrest. He suggested they be consistent with what is already there In response to a question from Ms. Heyden, Mr Aguila said he wants the trees facing Seacrest towar9s the south side of the property, on the southeast corner Mr Elsner seconded the motion, which carried 6-0 2 Project Agent Owner' Applicant. Location Description Flowers Bakery Warehouse/Distribution Center . Quantum Park PID Sam EI-Kholi Spring Engineering, Inc. Quantum Associates, a Florida General Partnership First Eagle Developments, Inc. Quantum Corporate Park, Lots 47-A, 47-B and a portion of Lot 46-A Request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1 3 acre 'parcel in Quantum Corporate Park. Mr Wische referred to page 10 and pointed out that there is duplication of comments (7 and 18 are the same, 12 and 15 are the same, 13 and 16 are the same, and 14 and 17 are the same) Richard Bekesh of Spring Engineering, Inc., the architectural/engineering firm representing Flowers and Quantum Corporate Park, said he reviewed the conditions which were faxed to him last night This is a 22 route distribution facility for Flowers Baking Company 14 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 Flowers Baking Company is the largest baking company in the southeast United States About 40,000 employees are employed by Flowers. They have three plants throughout the State of Florida, one in Miami, one in Jacksonville, and one in Bradenton This particular distribution facility will support the plant in Miami All the bread is baked in Miami and is run through these distribution facilities each morning at approximately 4'00 a.m Twenty- two route drivers pick this bread up and distribute it to Burger King, McDonald's, Wendy's, Winn-Dixie, and Publix each day There are no occupants in the facility during the day The route drivers arrive in the morning, the bread is routed to the semi through the back of the facility and distributed to the individual driver trucks At the end of the day, the delivery drivers come back and there is a little 1,000 square foot office in the front of the facility used to reconcile their tickets for the day There is no retail with this With regard to comments 3 and 4, Mr Bekesh felt it was unnecessary to eliminate the ability for someone to make a U-turn at that particular point in the road He also felt it was a waste of money to put a sign there, and it would clutter the right-of-way He felt comment 4 was unnecessary and overkill With regard to comments 5 and 7, Mr Bekesh advised that this particular park was approved under a development order in 1986 through Swift Mart and had certain stipulations that do not comply with the current storm water codes. Therefore, we cannot issue a letter as requested by staff He can comply with Swift Mart and produce the Swift Mart permit and a Lake Worth Drainage permit, but he cannot produce a letter saying he is going to comply with the City codes He would like to modify that comment to state provide us regulatory approval from Swift Mart and Lake Worth and whoever else under the original development order conditions of 1986 which required each individual site to retain a half inch of stormwater There were no attenuation volume requirements under the original development order Mr Wische questioned comment 14 He asked if this is City property Mr Bekesh believes that the road is private He felt it is unnecessary to grant the City an easement and felt it would further encumber the property Ms. Heyden said it is not a City easement. If the road is private, it would be dedicated to whomever owns the road She did not know why this comment was made by the Development Department. Mr Bekesh advised that comment 10 does not apply in this case, and comments 17, 18 and 19 are duplications. With regard to comment 21, he advised that the building will not be moved north, and the easement will be abandoned He plans to return to this board to ask for approval of abandonment request No 96-002. 15 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 With regard to comments 24 and 25, Mr Bekesh did not understand why seven parking spaces have to be identified for visitor parking The facility will not have visitors, therefore, there is no need for signage It will only clutter the landscaping with signage Vice Chairman Golden explained that if someone were to occupy the building in the future and had a different type of use, this could come into play Mr Aguila advised Mr Bekesh to paint "visitor" on seven of the wheel stops Ms. Heyden advised him to indicate on the site plan that the seven surplus parking spaces are for visitors. With regard to comment 25, Mr Bekesh saw no need to redo the site plan to include the net buildable area in the tabular summary However, since it is a requirement, he will do it. Mr Aguila advised him that it can be handwritten With regard to comment 29, Mr Bekesh advised that the rooftop equipment is already indicated on the drawing Mr Lewicki explained that the language on the plan does not address the problem He spoke to Mr EI-Kholi this afternoon about this, and Mr EI-Kholi is going to change the language as proposed by staff With regard to comment 27, Mr Bekesh inquired about the perimeter buffer calculation Mr Lewicki said he discussed this with Mr EI-Kholi this afternoon The easiest way for us to verify compliance with the landscape code is when you provide the length of each side of the lot and then divide by the amount of required spacing, and also indicate native species Mr EI-Kholi said he will provide those calculations Mr Aguila would like the dumpster enclosed with gates and a masonry wall, stuccoed and painted Mr Bekesh agreed to that Mr Aguila asked if the southeast corner of the property where the asphalt comes to the corner, could be radiused off slightly to keep the continuity of the green Mr Bekesh stated that Flowers requires 125 feet clear from the edge of the dock all the way out. Mr Aguila would like to see the radius softened and the landscape continued Mr Aguila referred to the north part of the building which contains the office It is visible from High Ridge Road or Park Ridge Boulevard The floor plan shows a space of 3 to 5 feet between the sidewalk and the building on the north side This is not shown on the landscape plan Mr Aguila would like the landscape plan to reflect what the floor plan shows, and he would like foundation planting in front of the building to soften the elevation He would also like the parking spaces on the east and west sides shifted so that the outside edge of those parking spaces line up with the 27 foot drive aisle This allows the sidewalks to be moved away from the bUilding and for some landscaping The dock and 16 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 the steps will have to be extended four or five feet east and west. The plantings along the building will soften the office area from public view He presented a sketch to Mr Bekesh Mr Bekesh agreed to do this Mr Bekesh asked for clarification about the driveway spacing variance that is pending Mr Lewicki explained to him that the variance will go to the Board of Zoning Appeals next Monday at 7'00 p m Mr Bekesh inquired about the easement vacation hearing. Mr Lewicki advised that it can be scheduled for October in front of the Planning and Development Board Motion Mr Aguila moved to approve the request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1 3 acre parcel in Quantum Corporate Park for Flowers Bakery Warehouse Distribution, subject to staff comments, except comments number 3, 4, and 14, plus the additional requirements of solid dumpster enclosure with gates, also provide foundation planting around the perimeter of the office, that would be on the east, north, and west sides, and consideration of softening the southeast corner of the property to continue the landscape, if possible Mr Elsner seconded the motion Mr Bekesh inquired about comment 7 Mr Aguila could not image that we are going to make him commit to regulations that do not apply to the code today but go with the land He told Mr Bekesh to do what he can Vice Chairman Golden suggested that approval be subject to clarification by the City Engineer that any requirements of the prior approval for Quantum Park be complied with that have not been superseded by City Codes. Mr Aguila and Mr Elsner agreed to incorporate this into the motion Mr Bekesh said the code requires attenuation volumes The individual sites are not designed nor permitted for attenuation volumes They were permitted for purely water quality which will discharge into the master system We cannot put our attenuation volumes on site It will kill the amount of buildable area. Ms. Heyden disagreed and will talk to the Director of Development about this The motion carried 6-0 17