AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon,)
0 December 20, 2005 December 5, 2005 (Noon)
0 January 3, 2006 December 19, 2005 (Noon)
0 January 17, 2006 January 3,2006 (Noon)
Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office
o February 7, 2006 January 17,2006 (Noon)
o February 21, 2006 February 6, 2006 (Noon)
o February 28, 2006 February 21,2006 (Noon)
IZI March 21, 2006 March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
IZI Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda under
Public Hearing. The Planning and Development Board, recommended that the subject request be approved on February 23,
2006. For further details pertaining to the request, see attached Department Memorandum No. PZ 06-016.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski, Gutierrez Romanik
Nancy Keller, White Elk Enterprises LLC
226 SE 23rd Avenue
Request approval of a major site plan modifIcation to construct a 400 square foot addition
to an existing 1,200 square foot building for a proposed veterinary clinic on a 0.106 acre
parcel in a C-l zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop
".-:'
City Manager's Signature
Planning and Zo irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJE TS\Healing Heart White Elk LLC\MSPM 06-00 I \Agenda Item Request Healing Heart Vet Off MSPM 06-001 3-21-
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-016
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael Rumpffl()~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler ~
Planner
DATE:
February 15, 2006
PROJECT NAME/NO:
REQUEST:
Healing Heart Veterinary Clinic / White Elk LLC (MSPM 06-001)
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: White Elk Enterprises, LLC
Applicant: White Elk Enterprises, LLC, Nancy Keller, Managing Member
Agent: Ms. Merrill Romanik / Synalovski Gutierrez Romanik Architects, Inc.
Location: 226 SE 23rd Avenue (see Location Map - Exhibit "A')
Existing Land Use: Office Commercial (OC)
Proposed Land Use: No change proposed
Existing Zoning: Office and Professional Commercial District (C-1)
Proposed Zoning: No change proposed
Proposed Use: Veterinary Clinic
Acreage: 8,541.22 square feet (0.196 acre)
Adjacent Uses:
North:
SE 23rd Avenue right-of-way, and farther north, medical offices zoned C-1;
South:
Single-family residence zoned R-1AA;
East:
Medical office zoned C-1; and,
West:
Medical office zoned C-1.
Staff Report - Healing Heart / White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 2
BACKGROUND
Site Features:
The subject property is located on the south side of SE 23rd Avenue between South
Sea crest Boulevard and the Florida East Coast Railroad. SE 23rd Avenue serves as
an urban collector roadway between Congress Avenue to the west and South
Federal Highway to the east, and is the only means of access to this property. The
subject property is a parcel containing 8,541 square feet, with 60 feet of road
frontage and 142 feet of lot depth. In 1952 the subject property was platted as Lot
8, of High Point, a single-family residential subdivision. Due to their proximity to
Bethesda Hospital, the lots which front SE 23rd Avenue in this area were rezoned to
the C-1 zoning district years ago. The majority of these lots which front on SE 23rd
Avenue have since converted from single-family residential to medical and
profeSSional office uses. When rezoned to C-1, the subject property continued to
be used as single-family residential, which is a nonconforming use the C-1 district.
Proposal:
The applicant is proposing a major site plan modification to convert the existing
residential use of the subject property to a commercial site for a veterinary clinic.
The proposed use of veterinary office and clinic is a permitted use in the C-1 zoning
district. However, the C-1 zoning district specifically excludes the following
accessory uses to a veterinary clinic: (1) outdoor kennels or the keeping of animals
for purposes other than treatment; and, (2) on-site disposal of animals. The
applicant has noted on the site plan that the proposed veterinary clinic will not
conduct any of the above excluded accessory uses.
The property owner is a holistic veterinarian who specializes in homeopathy,
acupuncture, and chiropractic care of animals. Currently, the veterinarian has a
local practice (Healing Heart) on NE 3rd Street and is seeking to relocate the
business to the subject property. Conversion of the subject property for the
proposed veterinary clinic will result in the use of the property changing from a
nonconforming use (residential) to a conforming use (commercial) in the C-1
zoning district.
ANALYSIS
Concurrency:
Traffic:
A traffic statement was prepared by the applicant and sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an adequate level
of service. Based on their review, the Traffic Division determined that the
proposed project meets the Traffic Performance Standards (TPS) of Palm Beach
County, however, no building permits are to be issued by the City after the build-
out date of 2007. The County traffic concurrency approval is subject to the Project
Aggregation Rules as set forth in the TPS Ordinance.
Utilities:
Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
and obtaining water/sewer plan approval from the Utilities Department prior to
permitting (see Exhibit "C" - Conditions of Approval).
Staff Report - Healing Heart I White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 3
Drainage:
Fire I Police:
Driveways:
Parking:
Landscaping:
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the full review of specific drainage solutions be deferred until
time of permit review (see Exhibit "C" - Conditions of Approval).
Staff from the Fire and Police departments have reviewed the site plan and
determined that emergency services are available to the proposed project with an
appropriate response time. Emergency service providers expect to be able to
utilize their current or anticipated resources to maintain an adequate level of
service for the proposed project.
Site access is proposed via one (1) full access driveway connection to SE 23rd
Avenue. On site vehicular and pedestrian circulation, including drive aisle width,
have been reviewed and approved by the Engineering Division staff. The existing
sidewalk along SE 23rd Avenue will remain.
The proposed veterinary clinic use requires one (1) parking space per 300 square
feet of gross floor area. The 1600 square foot vet clinic will require a total of six
(6) parking spaces, including one space designated for handicapped use. The site
plan indicates a total of eight (8) parking spaces, which complies with the minimum
parking requirements.
Typical parking stalls, excluding handicap spaces, are dimensioned 9 feet 6 inches
in width and 18 feet 6 inches in length. All proposed parking stalls, including the
size and location of the spaces designated for handicap use, were reviewed and
approved by both the Engineering Division and Building Division. All necessary
traffic control signage and pavement markings will be provided on site to clearly
delineate areas on site and direction of circulation.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. The proposed
project will have a pervious area of 2,674 square feet (31% of the site).
Landscaping will include buffers along the south, east, and west property lines, and
plantings along SE 23rd Avenue, around the front and sides of the building
foundation, and within the landscape island in the parking lot. The existing six (6)
foot high wood fence along the south, east, and west property lines will be included
in the buffers. In addition, a trash enclosure for roll-out curb service will be located
to the rear of the building and screened on all sides with matching wooden fencing.
The landscape plan indicates fifty percent (50%) of site landscape materials will be
native species as required. Native species will include Southern Magnolia, Sabal
Palmetto, Lysiloma Sabicu, Cocoplum, and Dwarf Florida Gamma Grass. The City
signature trees (Tibouchina Granulosa) will be located on each side of the access
drive as required. All above ground mechanical equipment will be visually screened
with a Cocoplum hedge, and all planted areas on site will be irrigated in accordance
with the landscape code requirements.
Staff Report - Healing Heart I White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 4
Building and Site
Desig n:
The existing one-story residence on site is a concrete block / stucco structure built
in 1957 and consists of 1,694 square feet, including a carport and rear porch. The
applicant is proposing to remove the carport and rear porch, and add 400 square
feet to the rear of the building, resulting in a total building of 1,600 square feet.
Currently, the building is set back 7 feet 6 inches from the east property line, which
is adjacent to a medical office. The side setback of 7 feet 6 inches was conforming
when the subject property was zoned residential, however, the C-1 zoning district
requires a minimum side setback of ten (10) feet from adjacent nonresidential
properties. The building addition is proposed with a continuation of the same
nonconforming side setback, pursuant to Chapter 2, Section l1.1.E. of the Land
Development Regulations, which states "a nonconforming structure or building may
be added or altered if such alteration or addition does not in itself constitute a
further violation of existing regulations". Therefore a variance is not required,
prOVided that the addition continues with the existing nonconforming setback of 7
feet 6 inches as indicated on the site plan. The site will have a lot coverage of
19% which complies with the maximum lot coverage of 40% in the C-1 zoning
district.
The proposed conversion of a residence to commercial office space is consistent
with the majority of surrounding properties which have previously converted. The
exterior building design is compatible with the surrounding natural and built
environment in compliance with the Community Design Plan guidelines. The
handicapped parking space will be located in front of the building, with all other
parking in the rear. A ramp for handicapped accessibility is located at the building
entrance. The building will maintain most of its residential look by keeping the
existing grid windows, decorative panel front door, and pitched, concrete tile roof.
Building colors are neutral and include Benjamin Moore colors named Pale Sea Mist
(walls), White Dove (window trim and doors), and Harbor Gray (tile roof). The
neutral color palette proposed will be harmonious with surrounding developments.
Building Height: The proposed one-story building is 14 feet in height, which complies with the
maximum building height of 30 feet allowed in the C-1 zoning district.
Site Lighting: A photometric plan has been reviewed by staff and found to require revisions in
some locations on site. Staff has recommended as a condition of approval that a
revised photometric plan be submitted at time of permitting (see Exhibit "c" -
Conditions of Approval). Freestanding light poles include one light located in front
of the handicapped space in front of the building, and two lights in the rear parking
lot. The freestanding lights will have concrete poles a maximum of 15 feet in
height, and be shielded to direct the light downward to avoid glare onto adjacent
properties and passing motorists. Wall mounted sconces will be located on the
west side of the building. Wall mounted light fixtures in antique bronze will be
located at the front and rear door.
Signage: Signs, in general, shall be designed and treated as part of the architecture of the
building and are formally evaluated during the site plan review process. All project
signage is indicated on the elevation drawings and has been reviewed and
Staff Report - Healing Heart I White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 5
approved by staff in accordance with the Land Development Regulations. The
proposed wall signage is limited to the front building elevation and consists of
bronze channel letters and business logo. Based on the building frontage of 30
feet, the cumulative maximum wall sign area allowed on the building is 45 square
feet. The proposed wall signage indicated on the elevation is only 29 square feet.
The sign colors will be complementary to the building colors in accordance with the
community design plan guidelines. No monument sign is proposed on the site.
The applicant has been informed that all project signage must be approved
concurrent with the site plan submittal, and an additional full site plan review
would be required solely for signage review and approval if additional signage is
proposed for this site in the future.
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for a major site plan modification.
Staff recommends approval of the site plan, subject to satisfying all comments indicated in Exhibit "CIf -
Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
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EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Reference:
Healing Heart Veterinary Clinic / White Elk LLC
MSPM 06-001
2nd review plans identified as a Maior Site Plan Modification with a January 24, 2006 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
2. Use Palm Beach County Standards for the sight triangles at the driveway X
onto SE 23rd Ave.
3. 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
permitting.
4. 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:
5. 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
upon final meter size, or expected demand.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 2
DEPARTMENTS INCLUDE REJECT
7. 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) and
will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
9. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table
704.8. Submit calculations that clearly reflect the percentage of protected
and unprotected wall openings permitted per 2004 FBC, Table 704.8.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
11. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 3
DEPARTMENTS INCLUDE REJECT
12. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order
and the Commission-approved site plan.
B If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
The total amount paid and itemized into how much is for water and
how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
13. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
14. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
15. Master Plant List, Sheet L2: All shade and palm trees must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground)
not caliper, and Florida #1 (Florida Grades and Standards manual). The
height of the trees may be larger than 12'-14' to meet the 3" diameter
requirement; or any clear trunk (c.t.) specifications. [Environmental
Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
16. The landscape design does not include the City signature trees (Tibochina X
granulosa) at the ingress I egress areas to the site. These trees must meet the
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 4
DEPARTMENTS INCLUDE REJECT
minimum size specifications for trees. [Environmental Regulations, Chapter
7.5, Article II Sec. 5.C.3.N.l
17. The tree planting details sheet L2 should include a line indicating where the X
diameter and height, of all of the shade trees will be measured at time of
planting and inspection.
18. The details sheet L2 should include a line indicating where the clear trunk X
and height of all of the shade and palm trees will be measured at time of
planting and inspection.
19. The details sheet L2 should include a line indicating where the height and X
spread of the shrubs will be measured at time of planting and inspection.
20. Irrigation Plan: Turf and landscape (bedding plants) areas should be X
designed on separate zones and time duration for water conservation.
21. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
22. Landscaping at project entrances shall contain a minimum of two (2) colorful X
shrub species on both sides of the entrance and a signature tree. Note that
signature trees do not contribute toward the total number of required
perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II,
Section 5.G.) Provide a signature tree, such as Yellow Elder, Tibouchina
granulosa, or Bougainvilla at each side of the project entrance. These
signature trees shall have a minimum of six (6) feet of clear trunk to
preserve the clear sight area (Chapter 7.5, Article II, Section 5.N).
23. All lights shall be shielded and direct light down to avoid glare on streets X
and adjacent properties (Ch.2., SecA.N.7).
24. The illumination levels appear high at certain locations on site. At time of X
permitting, submit a photometric plan which reduces hot spots depicted on
plan.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 5
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MWR/kz
S:\Planning\SHARED\WP\PROJECTS\Healing Heart White Elk LLC\MSPM 06-001 \COA.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23, 2006
There was discussion whether this request was a unique situation with just this particular home
or if it was applicable to other adjacent property owners. Ms. Zeitler explained when a street is
abandoned, the property is split 50-50 with the adjacent property owners receiving half. Other
adjacent property owners have not requested the abandonment, only the Ruffini's. This request
was unique to the Ruffini's. The road was platted to be a through street, but it was not
developed that way. The street was developed at the end of Boynton Lakes subdivision.
Crystal Key was developed to the south and had their own road so SW 7th Street was not being
used at all.
There was further discussion about individuals living two streets over to the east, being able to
make the same request, and whether the City should advise those individuals of the opportunity
for abandonment. Staff responded only the applicant has made the request, and the City could
advise eligible residents of the opportunity to abandon their streets, but they may have already
been abandoned in previous years. The issue was since the street runs all the way through the
development, whether the whole road should be abandoned at one time. Mr. Breese responded
only this applicant requested abandonment on their street. If other parties were interested in
abandoning theirs, they would have the same justification as is being presented here. He could
not confirm whether the other areas have been abandoned and noted they could show on the
location map but still have been abandoned previously.
The Board discussed Valencia Way traversing through the entire subdivision of Lake Boynton
Estates and if it was an undeveloped road. Staff reiterated the way it was originally platted and
showed it was developed much differently. The development stopped at the boundary of Lake
Boynton Estates and the development to the south, Crystal Key, has its own interior roads The
portion of the street just south of the intersection at 4th Street and the end of the subdivision is a
dead end street which was not used and the applicant wanted it abandoned.
It was noted by the Planning and Development Board members each abandoned property has a
fee simple cost involved. This fee would be divided by two, one for the property owner on the
east and one for the west.
Motion
A motion was made by Mr. Hay to approve the request for abandonment of a portion of SW 7th
Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates.
Abandonment consists of a shell rock stub-street 50 feet in width and 120 feet in length for a
total of 6,000 square feet, 0.138 acres in areas subject to the three staff comments. Mr. Cwynar
seconded the motion that passed unanimously.
B. Healing Heart Veterinary Office
Maior Site Plan Modification
2. Project:
Agent:
Owner:
Location:
Description:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski Gutierrez Romanik
Nancy Keller, White Elk Enterprises, LLC
226 SE 23rd Avenue
Request approval of a major site plan modification to
construct a 400 square foot addition to an existing 1,200
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23, 2006
square foot building for a proposed veterinary clinic on a
1.106 acre parcel in a C-1 zoning district.
Merrill Romanik, of Synalovski Gutierrez Romanik Architects, Inc. was present on behalf of the
Owner, Nancy Keller.
Chair Wische reviewed the request for approval of a major site plan modification to construct a
400 square foot addition to an existing 1,200 square foot building for a proposed veterinary
clinic on a 0.106 acre parcel in a C-1 zoning district. Mr. Wische advised there were a total of
24 staff comments. He inquired if the applicant wanted to discuss, have clarified or was in
agreement with the comments. Ms. Romanik agreed with all comments.
Ms. Zeitler, Planner indicated the property is zoned C-1, Office, Professional and Commercial
and currently has a single family dwelling on the property which is considered to be a non-
conforming use in the C-1 zoning district. The conversion of this property to commercial use,
was consistent with all of the C-1 lots fronting on 23rd Avenue and would change this to a
conforming use. She announced staff has checked the requirements, the applicant meets the
criteria, and staff supports the request subject to the 24 conditions of approval.
Chair Wische opened the public hearing. There were no comments received and Chair Wische
closed the public hearing.
Motion
Mr. Saberson moved to approve staffs recommendation, which includes all the conditions. Mr.
Hay seconded the motion that unanimously carried.
Adiournment
There being no further business, meeting properly adjourned at 6:56 p.m.
Respectfully submitted,
0Hl1tn Uti (}j..tLAit ~
Catherine Cherry-Gu erman .
Recording Secretary
(022806)
5