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LEGAL APPROVAL MEMORANDUM TO BULENT KAST ARLAK, DIRECTOR OF DEVELOPMENT FROM JANET PRAINITO, DEPUTY CITY CLERK DATE DECEMBER 21,1998 RE UTILITY EASEMENT - BOYNTON BEACH HAMPTON INN Attached please find a copy of the above mentIOned utIhty easement whIch was recorded m Palm Beach County on December 9, 1998 I, ti I '\ U \ - ! '\ u1.b DEe 2 2 1998 Q j ~"G 'f'[) \ PLA1;~\{J1'1j Ii ~ ZONING DEPT. o -... P1;mml::> bngmeering UtIhtIes ongmal to CF mas j ,shrdata \cc\ wp\memos\kastarlak.doc f<~~-O~ ; Reim to. \! ~ity of Boynton Beach UtilItIes 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437 Dec-09-1998 10 54al 98-478101 ORB 10799 Pg 1005 Con 1 08 Doc 8.78 1,.11... U ~ 11111 ~'" ~~ ~ ~ ~ ~ \e, J W i~ \!;!) ifi. lS '- '- . A.PR 2 n '998 N BEACH 80YNTO . 1J1'ILiT\ES This instrument prepared (usmg the Boynton Beach form)by' Richard W Carlson, Jr Esq Address, 2377 Crawford Court Lantana, FL 33462 2511 UTILITY EASEMENT THIS INDENTURE made this !.1day of April, 1998, by Boynton Beach Hospitahty, Ltd , a Flonda hmited partnership, whose address is Boynton Beach Hampton Inn, 1475 West Gateway Boulevard, Boynton Beach, FL 33426, (hereinafter referred to as "First Party") to the City of Boynton Beach pohtical subdIVIsIOn of the State of Florida, c/o the CIty of Boynton Beach UtIlitIes Department, 5469 West Boynton Beach Boulevard, Boynton Beach Boulevard, Boynton Beach, FL 33437 (hereinafter referred to as "Second Party") (Wherever used herem, .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, Flonda, Florida, being Lot 1 of the Plat of Quantum Park, Plat Book 57, Pages 182 and 183, Official Records of the Clerk of the Circuit Court in and for Palm Beach County, Florida (hereinafter referred to as "Lot"), and Whereas, the Second Party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across a portion of the Lot; and, Whereas, the First Party is willing to grant such and easement. NOW, THEREFORE, for and m consideration of the mutual covenants each to the other running and one dollar, the receipt of which is hereby acknowledged, and other good and valuable considerations, the First Party does hereby grant unto the Second Party, its successors and assigns, full and free right and authority to construct maintain, repair, install and rebuild facilities for water and sewer purposes and does hereby grant a perpetual easement on, over and across the property described in Exhibit A, attached hereto and made a part hereof, for said purposes IN WITNESS WHEREOF, the First Party has hereto set its hand and affixed its seal 1 or 10799 Pg 1006 as of the date first above wntten FIRST PARTY BOYNTON BEACH HOSPITALITY, LTD , a Florida limited partnership BY BOYNTON BEACH HOSPITALITY, INC , a Florida corporation , Its general partner ~. /Z~~ MICHAEL P ANAKOS, President Notary STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of April, 1998, by Michael Panakos, who is personally known to me (SEAL) I, i r ~~'N SCHERTZER -~ l},.... COMM\SSIO",'CC71e;l~ ~ :....,. tl(PlC~OO2" " _"'I.l_~co.,1HC. 1. ~.._.\"," 2 {l..q~ ~& OF.., .110799 Pg 10107 PROPERTY DESCRIPTION (12 FOOT UTILITY EASEMENT) A STRIP OF LAND 12 FOOT IN WIDTH, IN LOT 1 OF TIlE PLAT OF QUANTUM PARK AT BOYNTON BEACll. P,LD NO 1 ACCORDING TO TilE PLAT THEREOF AS RECORDED IN PLAT BOOK 57 PAGES 182 AND 183 PUBLIC RECORDS OF PALM BEACH COUNTY I'LORilJA, THE CENTERLINE OF WHICH IS MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT HIE SOUTHWEST CORNER OF SAID LOT I, liENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG TilE SOUTH LINE OF SAID LOT I A DISTANCE 01'75.87 FEET TO TIlE POINT OF BEGINNING OF SAID CENTERLINE. THENCE NORTH IlO DEGREES 55 MINUTES 13 SECONDS WEST A DISTANCE OF 50.33 FEET TO POINT A THENCE CONTINUE NORTH 00 DEGREES ~<; MINUTES 13 SECONDS WEST A DISTANCE OF 38.05 FEET THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST A DISTANCE OF 121.50 FEET THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST A DISTANCE OF 211.50 FEET TlIENCE NORTI I II DEGREES 32 MINUTES 24 SECONDS WEST A DISTANCE OF 2175 FEET TO POINT B" TImNCE CONTINUE NORTH II DHJREES 32 MINUTES 24 SECONDS WEST A DISTANCE OF 10,81 FEET liENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST ^ LJISTANCE OF 12.38 FEET TO POINT 'C" TIIENCE NORTH 88 DEGREES 59 MINlJrES 55 SECONDS EAST A DISTANCE OF 10960 FEET lllENeE soun 188 DEGREES 40 MlNlJfES 40 SECONDS EAST A DISTANCE OF 101 12 FEET TO THE TERMINUS OF SAID CENTERLINE, TOGETHER WITH: BEtilNNING AT SAID POINT A TIIENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST A DISTANCE OF 92,64 FEET TO TIm TERIvUNUS OF SAID CENTERLINE, TOGETHER WITH. BEGINNING AT SAID POINT B'" THENCE NORUI 89 DEGREES 04 MINUTES 47 SECONDS EAST A DISTANCE OF 197.0 I FEET TImNCE NORTlIOO DEGREES <;5 lvUNUTES 13 SECONDS WEST A DISTANCE OF 40.20 FEET TO TIlE TERMINUS OF SAD) CENTERLINE. TOGETHER WITH: BEGINNING AT SAID POINT B'" 'rnENCE SOUTII 89 DEGREES 04 MINUTES 47 SECONDS WEST A DISTANCE OF 15,99 FEET THENCE SOUTH 00 DEGREES 55 MINUTES 13 SECONDS EAST A DISTANCE OF 64,80 FEET TO THE TERMINUS OF SAID CENTERLINE, TOGETHER WITH: BEGINNING AT SAID POINT 'C" TIIENCE NORTII 88 DEGREES 59 MINUTES 55 SECONDS EAST A DISTANCE OF 109 60 FEET THENCE ')OUTH 88 DEGREES 40 MINUTES 40 SECONDS EAST A DISTANCE OF 101 12 FEET TO THE TERMINUS OF SAID CENTERLINE. TOGETHER WITH: BEGINNING AT SAID POINT "C'" THENCE SOUTII 88 DEGREES 59 MINUTES 55 SECONDS WEST A DISTANCE OF 33.00 FEET TO THE TERMINUS OF SAID CENTERLINE, CONTAINING IN ALL 13,553.6 SQ. Ff OR 0.3111 ACRES MORE OR LESS, N()'JT BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG TIlE SOUTHLlNE OF SAID LOT I .AS SHOWN ON SAID PLAT OF QUANTUM PARK AT BOYNTON BEACH, P,LD NO 1 2, NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. I HEREBY CERTIFY 11IAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF FLORIDA, IN ACCORD E WIT~ .CHAPTE~ 61917-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, P UANr;ro~!QN 472.027 FLORIDA STATUTES. ~ - 04-08-98 DATE, ) , NOTE' THIS IS NOT A SURVEY SHE~T 1 OF 2 SHEETS ... SCALE: N/ A OR. P B. M. CHK. P J F """'l Ifi]i)OO~o(F~ ~ PREPARED FOR: land surveyors,planners 5050 TENTH A VE. NORTH LAKE HORTH. FLORIDA 33463 407-965-8787 ... E~hi bi+ A DATE: 04-07-98 JOB NO. 97-;-0046H ....01 .... ~ , ; ,I , , ORB 10799 ~g 1008 s- ~ ~ "" ...... ~~ .... 0 '"'1; ~ , ~ CO ~O I 0 :a Q) DO ~ c:) Q- en ~Q 0 Z " ~ """ ~ C') .... . Ci) l.u I- ~:z:: - "" 0 . a "'tc,,) , 0 ~ --J ::::>'"'1; ~ - C:lLu co en , . -1 C') l.t..co "" :a ,. o~ - . to\) CO) ... ....0 """ -1 i ;3 '"'1;.... ~ -.J~ CO) .. Qo en ~ ~ co z co , ~ s- '" I ~ --z--- N. N. 22nd A VENUE I SA rENA Y BOULEVARD NOTE' THIS IS NOT A SURVEY SHEET 2 OF 2 SHEETS ~o~~ PREPARED FOR: SCALE: 1 · - 60' DR. P 8. M. CHK. P J. F DATE: 04-07-98 JOB NO. 97-0046H land surveyors,planners 5050 TENTH A VE. NORTH LAKE WORTH, FLORIDA 33463 407-965-8787 %e City of tJ3oynton tJ3each May 1, 1997 100 ~. tJJognton tJJeadi tJJou!evart{ P.O. tJJ~310 tJJoynton tJJeadi., ~forufa. 33425-0310 City !J{all: (561) 375-6000 ~.9lX. (561) 375-6090 George F White A.1.A. & Associates, Inc. 5455 N Federal Hwy , Suite F Boca Raton, Florida 33487 Re. File No Location' Dear Mr White, Hampton Inn at Quantum Park NWSP 97-001 Northwest corner of Gateway Boulevard and the E-4 Canal Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for site plan approval Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260 Sincerely, ~- / J (' .--... ') J 4 _--:;//Z/:1dl:L ,J-, XJ.-.Lq/t.L-.\.-. ~./ .j Tambri J Heyden, AICP Planning and Zoning Director T JH dar Attachment xc: Richard W Carlson, Jr Central File S:\Planning\SHAREO\WP\PROJECTS\HAMPTON\NWSP\devel order,doc !4merials gateway to tfu guEfstream. ~s-q-q -.~.-.e440 frfl AMENDED 517/97 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA -----~. ....-."'. I ~ ! ~..... J _ ! -;"..,..__.~-~. ::;,..-..~... ~ ' - . ..."'-~ --- -,..~ -~_..-----_. APPLICANT Hampton Inn (George F. White A. LA. & Associates. Inc.,) APPLICANT'S AGENT GeorQe F. White A. LA. & Associates. Inc.. HEARING BEFORE CITY COMMISSION Apnl15, 1997 TYPE OF RELIEF SOUGHT Request for site plan approval to construct a 65.816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) Quantum Corporate Park LOCATION OF PROPERTY Canal Northwest corner of Gatewav Boulevard and the E-4 DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of heanng 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 AppllcajJf- -L......./HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 The AppliCjlnt's application for relief IS hereby ~RANTED 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 6 Other' j J.R crif1uJLLiI DATED Mav 7, 1997 ~~~-<>' Clt Clerk ~\\\,\"III"""I/. .# 0" NT 0 1\t 111.f/J: S' .... h ~ ~ v............. cy <<' .;- ;::: ~ ....~OR..q ~ ~ ~ O/CJO 0 ('~, = > ,~ :t. ::: s..-i = --\ () - ~ "\ '\92 ~ ~ .... .... ~ ~ ...........,.. '* ~ J:'LO~\~.# 'III/ '!t.\~ 11111"" "'\\\,\: s Plannlng\Hamoton Inn 0.. 0nI. 4/15//97 LOCATION ~--~p I - f \ \ ~ J B'L I II' f:: u.u", liT ~ II ~IIII !lllrTTl\\.li{rlilliil :A_ :1- ~.r-- t. ../ I - :z: cC ~,D~ L-~ \ n i-c ~ ~. .. .. - . I . I ~ \ NO'" J IN I CITY i ~ ! EXHIBIT "C" Conditions of Approval Project name: Hampton Inn at Quantum Park File number' NWSP 97-001 Reference. The plans consist of 13 sheets identified as 2nd Review. New Site Plan. File #NWSP 97-001 with a Plannina and Zonina Department March 7. 1997, date stamp markina. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. None UTILITIES Comments. 1 Health Department permits for water and sanitary sewer may be required ~ (Sec. 26.12) 2. Fire flow calculations will be required demonstrating the City Code ~ requirements of 1500 g.p.m. (LOR Chapter 6 Art. IV, See, 16) 3. KA capacity reservation fee will be due for this project upon Utility Department signature on the Health Dept. application forms or within 30 ...-/ days of site plan approval, whichever comes first. This fee will be determined based upon meter size (Sec. 26-34(E]) 4 Plan shall specify meter size and location (Sec. 26 16(c)) ~ 5 Plan shall show location of all utility easements. Show all proposed easements on the engineering drawings. using a minimum width of 12 / feet. The easements shall be dedicated via separate instrument to the City (Sec. 26-33(a)) 6 Appropriate backflow preventers will be required on the domestic water / service to the building and the fire sprinkler line if there is one (Sec. 26- 207) 7 City water may not be used for irrigation where other sources are readily /' available. Please show source and location on your plan (City Compo Plan Policy 3C 34). 8 Utilities recommends a meeting with the project engineer to discuss the location of proposed water and sanitary sewer to minimize conflicts with t/ structures and landscaping islands. FIRE Comments: None POLICE Comments. 9 Provide a "Right Turn Only" sign in conjunction with the posted stop sign t"./ at the east ingress/egress. 10 The west ingress/egress, from Gateway Blvd. shall have a stop sign. ,./ 11 'Trip lines" shall be installed in the pavement to activate the existing light ~ at this location (Motorola entrance) I I Page 2 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT 12. Traffic signal shall be re-programmed to be trip-line activated for both ~ businesses. 13 Frontage of the hotel needs to have proper signage to prohibit parking in / the fire lane and the loading zone. DEVELOPMENT DEPARTMENT Comments. 14 Provide off-street loading in compliance with Chap.2, Sec.6F7b, pg.2-56 ~ and Chap.2, Sec.11J pg.2-110 15 Provide a master stormwater management plan. Chap.3, Art.IV Sec.3T ~ pg 3-6 16 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 PSC SFWMD and any other permitting agency shall be included with the permit request. Chap.1, Art. I Sec.6, parA pg 1-3 17 Need SFWMD & LWDD acceptance prior to Engineering approval. Chap t--'"' 6 Art.IV Sec.5A. pg.6-7 18. Permits must be obtained for work within the right-of-way Chap.22, Art.1I ~ Sec. 7 A. pg.22-3. 19 Provide certification by developers engineer that drainage plan complies ...........-- with all City codes and standards. Chap.6, Art.V Sec.5A, pg.6-7 and Chap 23 Art.IIF pg.23-8. 20 Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices" (place 24" solid white thermoplastic stop ------ bars next to stop signs) Chap.23, Art.IIS2. pg.23-7 21 No trees shall be planted that interfere with lighting fixtures. Chap,23, ~ Art.lIA. pg.23-6 22. Provide continuation of sidewalks thru all driveways to mark pedestrian ~ paths. Chap.23 Art.IIP pg.23-10 23 Make east driveway ingress aisle 15' wide and egress aisle 12' wide to / facilitate ease of entering off high speed Gateway Boulevard BUILDING DIVISION Comments: None PARKS AND RECREATION Comments. None FORESTER/ENVI RONMENT ALlST Page 3 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT Comments: 24 The applicant indicates on the Boundary and Topographical Survey sheet, that Lot #1-A (Water Management Tract "A" and LWDD Canal E-4) is an integral part of Lot #1 These areas are under the maintenance responsibility of the Quantum Community Development District and must ~ be reviewed for proper maintenance in accordance with the Treasure Coast Regional Planning Council original Development of Regional Impact document. 25 The landscape plan sheet (L 1) indicates landscape and irrigation improvements in the median of NW 22nd Avenue. This improvement is ~ also under the direction of the Quantum Community Development District. The applicant must notify this group that the area should be maintained in accordance with the Development of Regional Impact document. PLANNING AND ZONING Comments: 26. Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of both the hotel and office buildings showing the roof top equipment and the ~ required screening (all reduced to a small scale) and draw in on these elevations the Iines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 feet from the buildings (LOR, Chapter 9, Section 11 E) 27 The dumpster enclosure has to meet design and landscaping standards as described in LOR, Chapter 9, Section 10.C. and Chapter 7.5, Article II, ~ Section 5.J On the Landscape Plan provide required accent shrubs along the dumpster screen walls. 28 On the site plan, sheet A-1, indicate the setback of the proposed swimming pool, as required by LOR, Chapter 2 - Zoning, Section 11 E. ~ 29 Parking calculations for properties within the PID are based upon the number of employees of a maximum shift and anticipated guest parking / (see LOR, Chapter 2 - Zoning, Section 7 H.2). Amend the provided parking calculations to include the anticipated guest parking. 30 On site plan, sheet S-1, in the site data tabulation, indicate: - lot coverage meeting the requirement of a maximum of 60 percent (LOR. Chapter 2, Section 7 H,12). and ~ - open space meeting the requirement of a minimum of 20 percent (LOR, Chapter 2, Section 7.H.13) - proposed floor area of buildings by type of use and total gross square footage. - parking provided 31 On the elevation drawings depict color code and manufacturer's name of ./ all exterior building materials or finishes including: door and window finish and roof tiles on the entrance canopy 32. Submit a presentation board containing samples of all exterior building / materials to be used for construction Page 4 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT 33 Provide a traffic statement from a traffic engineer indicating the amount of traffic generated by this use (the anticipated number of peak hour trips per day and total trips per day) and the overall, current traffic counts for all ~ developed/approved sites in the PID Include these numbers in the site plan data summary 34 Provide information regarding size, design and color of existing and proposed signs on the property Signs must be consistent with the ~ approved sign program for Quantum Corporate Park PID or a sign program amendment shall be filed. An administrative approval of the on- site signs is recommended provided however, that all applicable city codes and the current sign program requirements are met. 35 Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should 1----- include the following sentence: If overlapping of the greenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on the recently approved greenbelt master plan shall be permitted. 36 According to the tax maps, Lot 1 of Quantum Park subdivision contains a drainage easement tract. Since the easement is to be separated from Lot 1, provide a survey of the proposed changes and record this document in the Palm Beach County records and with the Property Appraiser's office. t..--" Provide a recordation document to the Planning and Zoning department for verification prior to issuance of building permits. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 37 It is recommended to modify comment 35 to read: Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement, or provide written authorization allowing overlap of the 25 foot peripheral greenbelt with 15 feet wide FPL easement. On the landscape ~ plan sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan 38, Delete comment 14 t/ 39 Delete comment 24 / ADDITIONAL CI'TY COMMISSION CONDITIONS 40 To be determined. /bme projeetslhamDtonlnwsplcondappr WIld ADDITIONAL CONDITIONS/COMMENTS FROM CITY COMMISSION. MEETING OF 4/15/97 1 Comment No 16 shall be included and amended to read as follows. 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 followinQ: site lIohtlno. pavlno. dralnaoe. curbina. landscapino. irriaation and traffic control devices. PermIts reQuired from aQencies such as the FOOT. PC. SFWMD and any other permittina aaency shall be approved prior to issuance of a certificate of occupancy. Chap 1. Art. I. Sec,6. par. A.. PO. 1-3. 2. Comment No. 17 shall be included and amended to read as follows: Need SFWMo & L WOO acceptance prior to issuance of certificate of occupancy. Chap. 6. Art. IV. Sec,5A. PQ. 6-7, 3. Comment No. 35 shall be included and amended to read as follows. Move the reauired 25 foot wide peripheral areenbelt north and out of the 15 feet wIde FPL easement. On the landscape plan. sheet L-1 show landscape material proposed within the 25 feet wide peripheral oreenbelt meetina the desian standards. as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should include the followtna sentence. If overlappina of the areenbelt and FPL easement is allowed no reduction in Quantity and ouality of plant material refleded on the recently approved areenbelt master plan shall be permitted. Staff may approve an alternate location alona the front of the property for any landscapina that can't be accommodated in the areenbelt location shown on the aooroved master olan. ~~ Sjll17 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA --~ -- - ~--., , ,>} ~, 'I' i'fi r't' 0'1 ,j J " , 'VI I,' n' i L~~) U J _1CI_.. '" ~,)if---~--- -, IiI \1 ill ;i'l; u' iJlll M~V - I !q97 iL:J\ --- \ .-, . I !PIG A"f) r' _!'"'d1 ~.; ] .;'~ I l ZC;':"IG OEPT. - . APPLICANT Hampton Inn (Georae F. White AI.A & Associates, Inc..) APPLICANT'S AGENT Georae F. White AI.A & Associates, Inc.. HEARING BEFORE CITY COMMISSION April 15. 1997 TYPE OF RELIEF SOUGHT Request for site plan approval to construct a 65.816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) Quantum Corporate Park LOCATION OF PROPERTY Canal Northwest corner of Gatewav Boulevard and the E-4 DRAWING(S) SEE EXHIBIT "A" 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 -L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The Appliyant's application for relief is hereby ~GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto 3 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 6 Other' DATED April 15. 1997 ~~~~/ \\\\ \\"""1111Il ~\~ eOYN1".olf, ~ o~... ~ ~ .$ ~ .,,-:C:oRPolitf .. " ~ Jo-. /~ ~, '" =0= 0 ,., :: i 0, - \ 1 ~ ~ \. 920 iIf ~ .... if ~ ,f:o .....- ~- ~,,{ORIO~ ~ Ifllllllll11 "'\\\\\\~ sPlanntnglHampton Inn Dev Ord 4/15//97 EXHIBIT "C" Conditions of Approval Project name. Hampton Inn at Quantum Park File number' NWSP 97-001 Reference. The plans consist of 13 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-001 with a Planninq and Zoninq Department March 7 1997 date stamp markinq , , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1 Health Department permits for water and sanitary sewer may be required /' (Sec. 26-12) 2. Fire flow calculations will be required demonstrating the City Code ../ requirements of 1500 g. p. m. (LOR Chapter 6 Art. IV, Sec. 16) 3. KA capacity reservation fee will be due for this project upon Utility Department signature on the Health Dept. application forms or within 30 /' days of site plan approval, whichever comes first. This fee will be determined based upon meter size (Sec. 26-34[E)) 4 Plan shall specify meter size and location (Sec. 26 16(c)). / 5 Plan shall show location of all utility easements. Show all proposed easements on the engineering drawings, using a minimum width of 12 /' feet. The easements shall be dedicated via separate instrument to the City (Sec. 26-33(a)) 6 Appropriate backflow preventers will be required on the domestic water / service to the building and the fire sprinkler line if there is one (Sec. 26- 207) 7 City water may not be used for irrigation where other sources are readily / available. Please show source and location on your plan (City Comp Plan Policy 3C 3.4) - 8. Utilities recommends a meeting with the project engineer to discuss the / location of proposed water and sanitary sewer to minimize conflicts with structures and landscaping islands, FIRE Comments: None POLICE Comments: 9 Provide a "Right Turn Only" sign in conjunction with the posted stop sign ;/ at the east ingress/egress. 10 The west ingress/egress, from Gateway Blvd., shall have a stop sign. / 11 "Trip lines" shall be installed in the pavement to activate the existing light / at this location (Motorola entrance) Page 2 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT 12. Traffic signal shall be re-programmed to be trip-line activated for both / businesses. 13 Frontage of the hotel needs to have proper signage to prohibit parking in / the fire lane and the loading zone. DEVELOPMENT DEPARTMENT Comments: 14 Provide off-street loading in compliance with Chap.2, Sec.6F7b pg.2-S6 / and Chap.2, Sec.11J, pg.2-110 15 Provide a master stormwater management plan Chap 3, Art.IV Sec,3T, / pg.3-6 16 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 :hall be included with the permit request. Chap.1, Art.l, Sec.6 parA pg 1-3 17 Need SFWMD & LWDD acceptance prior to Engineering approval. Chap. ~ 6, Art. IV, Sec.5A, pg.6-7 18 Permits must be obtained for work within the right-of-way Chap.22, Art,lI / Sec. 7 A, pg.22-3. 19 Provide certification by developer's engineer that drainage plan complies / with all City codes and standards. Chap 6, Art.v Sec. SA, pg.6-7 and Chap 23, Art.IIF pg.23-8 20 Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices" (place 24" solid white thermoplastic stop / bars next to stop signs). Chap.23, Art.IIB2, pg.23-7 21 No trees shall be planted that interfere with lighting fixtures, Chap.23, ./ Art.IIA, pg.23-6 22. Provide continuation of sidewalks thru all driveways to mark pedestrian / paths. Chap,23, Art.IIP, pg.23-10. 23. Make east driveway ingress aisle 15' wide and egress aisle 12' wide to / facilitate ease of entering off high speed Gateway Boulevard. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Page 3 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT Comments: 24 The applicant indicates on the Boundary and Topographical Survey sheet, that Lot #1-A (Water Management Tract "A" and LWDD Canal E-4) is an integral part of Lot #1 These areas are under the maintenance responsibility of the Quantum Community Development District and must be reviewed for proper maintenance in accordance with the Treasure ~ Coast Regional Planning Council original Development of Regional Impact document. 25 The landscape plan sheet (L1) indicates landscape and irrigation improvements in the median of NW 22nd Avenue. This improvement is also under the direction of the Quantum Community Development District. ~ The applicant must notify this group that the area should be maintained in accordance with the Development of Regional Impact document. PLANNING AND ZONING Comments: 26 Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of both the hotel and office buildings showing the roof top equipment and the V-- required screening (all reduced to a small scale) and draw in on these elevations the Iines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 feet from the buildings (LOR, Chapter 9, Section 11 E). 27 The dumpster enclosure has to meet design and landscaping standards as described in LOR. Chapter 9 Section 10 C and Chapter 7 5, Article II Section 5 J On the Landscape Plan provide required accent shrubs V- along the dumpster screen walls. 28 On the site plan, sheet A-1 indicate the setback of the proposed swimming pool, as required by LOR, Chapter 2 - Zoning, Section 11 E. ,/ 29 Parking calculations for .properties within the PID are based upon the number of employees of a maximum shift and anticipated guest parking / (see LOR, Chapter 2 - Zoning, Section 7 H.2) Amend the provided parking calculations to include the anticipated guest parking. 30 On site plan, sheet S-1, in the site data tabulation, indicate: - lot coverage meeting the requirement of a maximum of 60 percent (LOR, Chapter 2, Section 7 H 12), and - open space meeting the requirement of a minimum of 20 percent / (LOR, Chapter 2, Section 7 H.13) - proposed floor area of buildings by type of use and total gross square footage. - parking provided 31 On the elevation drawings depict color code and manufacturer's name of ./ all exterior building materials or finishes including: door and window finish and roof tiles on the entrance canopy 32. Submit a presentation board containing samples of all exterior building ~ materials to be used for construction. Page 4 Hampton Inn NWSP 97-001 DEPARTMENTS INCLUDE REJECT 33. Provide a traffic statement from a traffic engineer indicating the amount of traffic generated by this use (the anticipated number of peak hour trips per day and total trips per day) and the overall, current traffic counts for all ~ developed/approved sites in the PID Include these numbers in the site plan data summary 34 Provide information regarding size, design and color of existing and proposed signs on the property Signs must be consistent with the ~ approved sign program for Quantum Corporate Park PID or a sign program amendment shall be filed. An administrative approval of the on- site signs is recommended provided however that all applicable city codes and the current sign program requirements are met. 35 Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should ~ include the following sentence. If overlapping of the greenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on the recently approved greenbelt master plan shall be permitted. 36 According to the tax maps, Lot 1 of Quantum Park subdivision contains a drainage easement tract. Since the easement is to be separated from Lot ...---- 1 provide a survey of the proposed changes and record this document in the Palm Beach County records and with the Property Appraiser's office. Provide a recordation document to the Planning and Zoning department for verification prior to issuance of building permits. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 37 It is recommended to modify comment 35 to read: Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement, or provide written authorization allowing overlap of the 25 foot ~ peripheral greenbelt with 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan, 38, Delete comment 14 39 Delete comment 24 ADDITIONAL CITY COMMISSION CONDITIONS 40 To be determined. /bme projectslhamplonlnwsp\COndappr, wpd ADDITIONAL CONDITIONS/COMMENTS FROM CITY COMMISSION. MEETING OF 4/15/97 1 Comment No 16 shall be included and amended to read as follows. All plans submitted for specific permits shall meet the Citv's code reQuirements at time of application. These permits include. but are not limited to. the followina, site liahtina, pavina, drainaae. curbina. landscapinQ, irriaation and traffic control devices. Permits reQuired from aaencies such as the FDOT. PC. SFWMD and any other permittina aaency shall be approved prior to issuance of a certificate of occupancy. Chap 1, Art. I. Sec.6, par. A.. pa. 1-3. 2. Comment No. 17 shall be included and amended to read as follows, Need SFWMD & LWDD acceptance prior to issuance of certificate of occupancy. Chap. 6, Art. IV, Sec.5A. pa. 6-7. 3. Comment No. 35 shall be included and amended to read as follows: Move the reQuired 25 foot wide peripheral areenbelt north and out of the 15 feet wide FPL easement. On the landscape plan. sheet L-1 show landscape material proposed within the 25 feet wide peripheral areenbelt meetina the desian standards, as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should include the followina sentence. If overlappina of the areenbelt and FPL easement is allowed no reduction in Quantity and Quality of plant material reflected on the recently approved areenbelt master plan shall be permitted, Staff may approve an alternate location alona the front of the property for any landscapina that can't be accommodated in the areenbelt location shown on the approved master plan. MEETING MINUTES - REGULAR CITY CO........SSION BOYNTON BEACH, FLORIDA The motion carried unanimously D Project: Agent: Owner' Location Description APRIL 15, 1997 Crystal Key at Woolbright Place PUD Kenneth H Kruger P E. Kennedy Homes East side of SW Sl/1 Street approximately 2,200' north of Woolbright Road SITE PLAN - Request for site plan approval of a 32 acre recreation area to include a pool cabana, and parking facility Kenneth H. Kruger, Project Engineer, and Steven Brexel of Kennedy Homes. were present to represent the petitioner This site plan is for the recreation area. The recreation requirements for the parcel have already been met through a donation to the City This particular recreation area is above and beyond any of the Ordinance requirements for the project. This project will include a small parking lot. swimming pool and small cabana with lighting for the parking lot and landscaping. The applicant concurs with all of the staff conditions of approval with the exception of Comment #12. Comment #12 was a recommendation from TRC that the pool be larger Since there is no requirement for the pool, and Kennedy Homes feels the pool is of sufficient size, Mr Kruger requested approval of this application excluding Comment #12. Tambri Heyden, Planning and Zoning Director had no comments on the action taken by the Planning and Development Board or the staff comments. She explained that this private recreation area is not required. The recommendation in Comment #12 is in conflict with our own Codes. She does not recommend including it. Commissioner Jaskiewicz expressed her opinion that she would like to have seen more grass and landscaped areas. Motion Vice Mayor Titcomb moved to approve Agenda Item IX-D, site plan request for recreation facility at Crystal Key at Woolbright Place PUD, subject to staff comments with the exception of Comment #12 of Exhibit "C. Commissioner Bradley seconded the motion which carried unanimously E. Project: Agent: Owner' Location: Description: Hampton Inn at Quantum Corporate Park George F White A. I. A. and Associates, Inc. Boynton Beach Hospitality, Inc. Northwest comer of Gateway Boulevard and the E-4 Canal SITE PLAN - Request for site plan approval to construct a 65,S16 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) in Quantum Corporate Park. Chip Carlson, representing Boyoton Beach Hospitality Inc., introduced Mike Pinocos, President of Boynton Beach Hospitality Inc. George White, the architect, and Kevin Hall the 11 MEETING MINUTE' REGULAR CITY Cc"..4MISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 landscape architect. Mr Carlson complimented staff for their cooperation This facility is being designed with input from Motorola. It is expected that it will serve the needs of Quantum Park business users This is a limited service hotel that does not have meeting facilities convention facilities a restaurant or lounge Mr Carlson addressed the following comments . The Planning and Development Board recommended that Conditions 14 and 24 be deleted At that meeting, staff indicated they had no objection to that recommendation . Condition #35 was modified to provide that in the event the applicant can work something out with FPL, they can have the greenbelt area and the FPL easement overlap This language is included in Comment #37 of Exhibit 'C" Staff has provided that there should be no reduction in quantity or quality of the plant material reflected in the recently-approved greenbelt master plan, Mr Carlson advised that there is a conflict built into the Quantum Park master plan that needs to be addressed That conflict involves the FPL easement on Gateway Boulevard conflicting with the 25 greenbelt area. The applicant is committed to Installing a very attractive landscape area However this may involve give and take" betweer, the requirements of the greenbelt area and the FPL requirements. The applicant feels he can make it work because of the 30 setback they have to work in The applicant may have to split landscaping on each side Mr Carlson suggested that staff be given some discretion in approving a reduction in quantity or quality of landscaping material if the applicant cannot prevail upon FPL to allow them to put in everything required by the City Mr Carlson suggested changing the second sentence of Paragraph 2 of Comment #35 to read as follows. "If overlapping of the greenbelt and FPL easement is allowed, unless sDDroved bv staff. no reduction in quantity and quality of plant material reflected on the recently-approved greenbelt master plan shall be permitted. " . Mr Carlson advised that the applicant is trying to get this project underway as soon as possible in order to capture the next season They have run into a time line problem with the SFWM District permitting requirements He referred to the last sentence of Comment #16 which requires, Y that permits required from FOOT, PSC, SFWMO and any other permitting 8Q8I1CY shall be included with the permit request." The applicant feels he can run these concurrently rather than sequentially They have submitted the necessary applicatioM to the permitting agencies He would like to work with staff to obtain relief in this area. Mr Carlson said he has looked for this requirement in the Code and the citation in Condition #16 to Chapter I, Article I, Section 6 is the penalty section of the Code, It does not relate to requiring the permits from other agencies along with an application being submitted to the City Mr Carlson requested that the last sentence in Comment #16 be deleted. . With regard to Comment #17, Mr Carlson spoke with Ken Hall of the Engineering Department. The applicant would like to suggest that this requirement be tied to an application 12 MEETING IlIINUTESs- REGULAR CITY CO.."ISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Ms Heyden addressed the applicant's objections as follows. . Comment #35 - Ms. Heyden does not support a reduction in quantity and quality in the greenbelts If the plant material cannot be planted in the greenbelt as shown on the master plan she recommends that it be planted along the front of the property line She IS willing to work with the applicant in this regard She recommended that the Commission authorize staff to approve an alternate location along the front of the property for landscape that cannot be accommodated In the greenbelt. Mr Carlson had no objection to Ms Heyden s approach on this issue . Comments #16 and #17 - Ms Heyden said she was unaware that the Engineering Department had agreed to the revisions She does not believe we have the authority to not require the outside agency approvals prior to issuance of a building permit. Mr Carlson suggested that anything that has been added to the Code requirements be deleted He would like to work with the departments to move this project along as quickly as possible He advised that Ken Hall did not agree to the exact language he suggested this evening, but he agreed in concept that the City should be able to accommodate the applicant under the requirements of the Code AI Newbold, Building Official, said he was not aware of any agreement Ken Hall made with the applicant. He explained that the City cannot issue a building permit if all the agencies conditions have not been approved. Attorney Cherof pointed out that it may be possible for the applicant to proceed in a concurrent fashion, and he suggested that the language in Comment #16 be amended to indicate that the necessary pennits for the other agencies be obtained and filed, and copies be provided to the City prior to the issuance of Certificate of Occupancy This revised language was acceptable to Mr Carlson Commissioner Bradley questioned how much the City would be deviating from its standard operating policy. He realized that the issuance of the City's permit was based on the other permits falling in pIKe. Attorney Cherof advised that the common procedure is to have all permits in place However there have been occasions in the past where the City has allowed a developer to proceed at his own risk. It is possible the developer could get to the final step, and not be permitted to occupy the building. Motion Vice Mayor Titcomb moved to approve Agenda Item IX-E, Hampton Inn at Quantum Corporate Park, site plan request with language chang'! on Comment 16 to read "may be applied for concurrently and obtained prior to Certificate of Occupancy" I and Comment #35 to include all 13 MINUTes PLANNING AND DEVELOPT - 'NT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1997 2. Project: Agent: Owner' Location Description Hampton Inn at Quantum Corporate Park George F White A.l.A. and Associates, Inc. Boynton Beach Hospitality, Inc. Northwest corner of Gateway Boulevard and the E-4 Canal Request for site plan approval to construct a 65,816 square foot (107 rooms) hotel complex on a 3 57 acre lot (Lot 1) in Quantum Corporate Parte Richard Carson, Esquire, represented the Boynton Beach Hospitality Inn, the contract purchase of Lot 1, where the hotel is proposed He advised that this is a limited service hotel It does not have a lounge, restaurant, or meeting facilities It is designed with the business traveler in mind and is intended to serve the Quantum Park development and Motorola. The design aspects of the project have been closely coordinated with the needs of Motorola. The site is designated on the master plan for a hotel A larger facility is provided for on the east end near 1-95 Mr Carson referred to comment 14 on Exhibit "C" and advised that the Land Development Regulations provide for two different kinds of loading requirements The one called for in comment 14 is for planned commercial developments, and this is a planned industrial development district. Our loading requirements are found in Section 7 of the Code, not Section 6 Therefore, comment 14 does not apply Mr Lewicki agreed to remove this comment. Mr Carson advised that comment 24 relates to how Lot 1 was set up with two adjacent tracts. They were intended to be developed in a large package However, we are only dealing with Lot 1, which does not involve the lake to the west (Lot 1 A) or the canal easement to the east (also Lot 1A) Comment 36 relates to that issue The Planning and Zoning Department wants a covenant recorded that would separate Lot 1 from Lot 1A on the master plan and plat. That would make comment 24 moot. The Quantum Community Development District is responsible for maintaining the water management tract and the canal easement needs to be maintained by the Lake Worth Drainage District. With regard to comment 35, Mr Carson stated that the applicant does not necessarily have to move the greenbelt outside the easement. Mr Lewicki agreed that if the applicant can get the consent of FPL to have them overlap, there would be no problem Mr Aguila asked for clarification of comment 36 Mr Carson advised that the plat of this portion of Quantum Park ties Lot 1, which is what his client is purchasing, with Lot 9 MINUTES PLANNING AND DEVELOPl \4T BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1997 1 A to the west, which is the water management tract serving Lots 1, 2, and 3 of the Quantum Park development. It also ties Lot 1 with the Lake Worth Drainage District canal easement to the east. He thinks the intent was to provide for a more intensive type facility on Lot 1 because it is surrounded with open space Staff felt the better approach is to separate Lot 1 and make it clear that it is a separate freestanding lot that does not involve the water management tract to the west and the canal easement to the east. Mr Carson did not have any problem with this. This makes comment 24 academic because his client would not be taking on the maintenance responsibility of that. That belongs to the Community Development District. Mr Aguila asked if there is a plan for the future development of the east side of Lot 1 Mr Carson advised that the plan is to bring in a separate freestanding restaurant once the master plan is amended to allow that use in there That restaurant would meet all the property development regulations in that area that is designated for future development. Mr Myatt inquired about the size and use of the office structure Mr Carson advised that it is about 1,500 square feet and the intent is to have the office functions and management functions of the hotel put into that separate building There is some thought about not going forward with a separate facility and bringing it back into the hotel He has discussed this with staff and they indicated that if the applicant decides to put the office in the hotel, it would be an administrative process. Mr Rosenstock asked if there are individual air conditioners under the windows in every room and if the windows can be opened Mr Carson answered affirmatively to both questions Mr Elsner asked why there are individual window units as opposed to one central unit. Architect James DeSpirito of George F White A.1.A. and Associates, Inc. advised that it is much more economical and energy efficient to have separate units in each room Motion Mr Wische moved to approve the request for site plan approval to construct a 65,816 square foot (107 rooms) hotel complex on a 3 57 acre lot (Lot 1) in Quantum Corporate Park for Hampton Inn at Quantum Corporate Park, subject to staff comments with the deletion of 24 and 14 and the modification of 35 Mr Elsner seconded the motion, which carried unanimously 10