LEGAL APPROVAL
The City of Boynton' Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 3342S-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
August 8, 2005
Ms. Joan Kippert
Anaheim Properties
1155 SW 15th Avenue
Boynton Beach, FL 33426
RE:
File No.:
Location:
Neelam Business Center (fka Schnars)
NWSP 05-022
924 N. Federal Hwy.
Dear Ms. Kippert:
Enclosed is the Development Order granted by the City Commission on August 2, 2005 for a three-story, 8,754 sq. ft.
office/retail building in an Mixed Use Low zoning district. The site plan approval is valid for one year from the date of final
approval. In order to maintain vested status, a building permit must be secured or an extension granted within one year of final
site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all ofthe approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
~
Michael W. Rumpf
Director of Planning & Zoning
Ene.
S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Neelam NWSP 05-022\approvalletter after CC.doc
DEVELOPMEN- lRDER OF THE CITY COMMISSI' . OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
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DAAutJ CIty Cle$ .
PROJECT NAME: Neelam Business Center.
APPLICANT'S AGENT: Anaheim Properties
APPLICANT'S ADDRESS: 1155 SW 25 th Avenue Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2, 2005
TYPE OF RELIEF SOUGHT: Request Site Plan approval for a three (3) story, 8,754 square foot
office/retail building in a Mixed Use Low (MU-L) zoning district.
LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach
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 Community Redevelopment Agency 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 Reg D ~7f' (& ~ D W ~ @
2. The Applicant f n
~HAS I AUG - 5 2005 U
HAS NOT J
established by substantial competent evidence a basi
ttr~mlie:6ff~U~~E Nl
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 "e" with notation "Included".
4.
The App~t's application for relief is hereby
_ 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.
City Clerk
siness Ctr\Patel NWSP 05-022\DO.doc
7.
Other
DATED:
S:\Planning\SHARED\WP\PROJECTS\Schna
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Location Map
SCHNARS BUSINESS CENTER
EXHIBIT "A"
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CONDITIONS OF APPROVAL
New Site Plan
Project name: Neelam Business Center (fka Schnars Business Center)
File number: NWSP 05-022
Reference: 1st Review plans identified as a New Site Plan with a July 5.2005 Planning and Zoning Department
date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. A Royal Poinciana is depicted adjacent to the dumpster enclosure and will X
create a vertical conflict with Solid Waste trucks. Please relocate at time of
permitting.
PUBLIC WORKS - Traffic
Comments:
2. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering prior to
issuance of first permit.
3. All work done within the Federal Highway right-of-way shall require FDOT X
approval and permitting.
4. The typical section on Sheet C-I is not in conformance with City Standards X
for pavement sections. Please correct at time of permitting.
ENGINEERING DIVISION
Comments:
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
7. Indicate by note on the Landscape Plan, that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.5 feet and 8
feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.)
8. The provided loading zone may hinder Solid Waste pickup. Collection of X
Solid Waste takes precedence over loading and unloading. If the Loading
Zone is occupied when Solid Waste arrives, trash may not be picked up.
Staff recommends relocating the Loading Zone to accommodate both needs.
9. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
10. Full Drainage Plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
COA
07/07/05
2
DEPARTMENTS INCLUDE REJECT
permitting.
11. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
12. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
13. No Utility Plan was included with this submittal, therefore the Utilities X
Department considers this plan incomplete as submitted. However, the
proposed Site Plan is an existing site located within the Utilities' service
area, and is located where utility support is available. In addition, this
project has come before this committee when it was initially reviewed and
approved approximately l'li years ago. Therefore, we are providing only a
cursory review of the proposed Site Plans as submitted at this time.
Additional comments may be required after a Utility Plan has been
submitted.
14. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
15. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
16. The LDR, Chapter 6, Article N, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
17. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of Site
Plan approval, whichever occurs first. This fee will be determined based
COA
07/07/05
3
DEPARTMENTS INCLUDE REJECT
upon final meter size, or expected demand.
18. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please 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 as stated in
CODE Sec. 26-33(a).
19. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
20. PVC material not permitted on the City's water system. All lines shall be X
DIP.
21. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
22. The elevator shall be designed to comply with 2001 FBC, Section 3003.4.2. X
The minimum length and width shall be 76"x24" to accommodate a
stretcher in the horizontal position.
23. The elevator shall comply with 2001 FBC, Section 11-4.10 for handicap X
accessibility requirements.
24. A minimum of two (2) exits is required from each level and they shall be X
remotely located per the 2001 FBC, Section 1004.2.1, 1004.1, 1004.1.2,
1004.1.4.
25. Elevators shall not be in a common enclosing shaft with a stairway, and the X
path of travel from one flight of stairs to the next shall not pass directly in
front of elevator doors.
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07/07/05
4
DEPARTMENTS INCLUDE REJECT
26. Clearly show access to the first-story tenant. Is it under the stairs? Clarify. X
The minimum clear width between the stairs and the wall of the first floor
tenant space shall comply with 2001 FBC, Table 1004.1.
27. This building is classified as Type II construction. Wood roof and trusses X
are not permitted by code for Type II construction. Read 2001 FBC, Table
500 for compliance.
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
28. Increase the size of the Sabal Palms to 16- 20 feet of overall height and the X
Montgomery palms to 18-20 feet of overall height.
29. Ensure buffer wall is placed along the entire south property and is extended X
westerly to the proposed dumpster enclosure.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
I NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined. ~
MWR/scS:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Patel NWSP OS-Q22\COA.doc
.'
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr, Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr, Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued, Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied,
Mr, DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr, Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms, Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005), Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0,
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval, Mr, Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach,
She thought it was the best project the board had seen. Mr, Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0,
C. New Site Plan
1.
Project:
Neelam (tka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc,
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building In a Mixed
Use Low (MU-L) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor for the public, and closed it when no one wished to speak,
Motion
Ms. Horenburger moved approval of NWSP 05-022, Neelam Business Center, request for Site Plan
approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L)
zoning district. Vice Chair Tillman seconded the motion that passed 5-0.
THE MEETING RECESSED FROM 8:06 P.M. TO 8:12 P.M.
D. Condominium Hotels in Mixed Use Districts
Code Review
1.
Project:
Condominium Hotels in Mixed Use Districts
(CDRV 05-013)
Staff-initiated
Mixed-Use High Intensity (MU-H) and Mixed Use
Low Intensity zoning districts
Request to amend the Land Development
Regulations, Chapter 2, Section 6.F Mixed Use
Zoning Districts to add "Hotel, Extended Stay" as a
permitted use in the Mixed Use-High Intensity (MU-
H) zoning district; as a conditional use in the Mixed
Use-Low Intensity (MU-L) zoning district; and to
amend the definitions of "Hotel" and "Hotel,
Extended Stay" to include condominium hotel units,
Agent:
Location:
Description:
Dick Hudson, Senior Planner, reviewed this request, stating that the "condo hotel" had become a
popular product in the hotel industry since the project could be financed more like a residential
condominium project. Many local governments are revisiting their LDRs and making revisions to
address this type of project and insure that the facilities truly operate as hotels and not residential
developments. An owner would be limited to a six-month stay per year to assure that individuals do
not take up permanent residence in the units, The condo hotels would probably take the form of an
"extended stay hotel," so City staff is recommending that the City Commission amend the permitted
uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels,"
which would be the likely category to accommodate a condo hotel, are permitted in that district.
Staff recommended approval of this item.
Ms, Horenburger inquired whether the County's Bed Tax would come into play for stays shorter than
six months. Mr. Hudson responded that it would be subject to the Bed Tax because it would be
considered transient lodging.
Ms. Horenburger asked the difference between the condo hotel and the condo with mostly seasonal
residents, Mr, Hudson said that a condo was considered a residence and the residential parking
regulations would apply. A hotel was considered a commercial use, The parking requirements for
condos and hotel condos were very similar (one bedroom condos call for 1.33 per unit and hotel
condos call for 1.25 per unit),
Mr. DeMarco asked if the condo laws would apply to the hotel condos, Mr. Hudson believed it did,
Mr, DeMarco suggested the City contact someone who could give an authoritative answer on this.
12