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Minutes 11-19-02 (2)f4INUTES OF THE REGULAR CITY COI~tl4ISSION I~IEETING HELD IN COI~f4?SS?ON CHAI~BERSf CITY HALLf BOYNTON BEACH~ FLORIDA ON TUESDAY~ NOVEf4BER 19~ 2002 AT 6:30 P.l~l. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager .lim Cherof, City Attorney Janet Prainito, City Clerk OPENINGS: Call to Order - Mayor Gerald Broening invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Broening called the meeting to order at 6:33 p.m. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. D. 1:F YOU WISH TO ADDRESS THE COf4f4ISSI:ON: · FILL OUT THE APPROPRZATE RE(~UEST FORM · GIVE IT TO THE CZTY CLERK (ON THE DAIS) BEFORE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COI~E TO THE PODIUf4 WHEN THE I~IAYOR CALLS YOUR NAf4E THE INDIVIDUALS I~AY SPEAK FOR THREE UNINTERRUPTED I~tINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Weiland requested that the Commission strike from the record partial statements made by Lee Wische during public audience at the previous meeting. The Commission adopted Roberts Rules of Order and a decorum procedure and in Commissioner Weiland's opinion, Mr. Wische stepped over the line and made accusations that were totally uncalled for regarding a candidate running unsuccessfully for office so many times and saying that if he chose to run again, they would murder him. Commissioner Weiland felt it would benefit both Mr. Wische and the City if these statements were stricken. Meeting Minutes Regular City Commission Bovnton Beach, Florida Ncvember 19, 2002 Motion Commissioner Weiland moved to delete that part of public audience from the last Commission meeting. Vice Mayor Ferguson seconded the motion. Mayor Broening thought that this was a legal issue and he did not believe the Commission had the authority to do that. City Attorney Cherof stated that the Mayor was correct. He said that it might be appropriate to have a motion indicating that there was displeasure with that type of comment but they could not alter the record. Mayor Broening stated that at the meeting in question, he came close to asking the speaker to not continue in that manner but then he ended his comments. Since the record could not be changed, the motion was moot. When asked how to handle this, City Attorney Cherof stated that the Commission had actually dealt with it and what was discussed tonight would be in the record. Commissioner Weiland accepted Legal's opinion. Mayor Broening requested that an item concerning Lantana Annexation be added under Old Business. He proposes to ask the prevailing side to consider a motion to reconsider in order to hear additional comments from staff. 2. Adoption Motion Commissioner Weiland moved to approve the agenda as amended. McCray seconded the motion that carried unanimously. Commissioner PUBL:[C AUD:[ENCE: ]:ND:[V:[DUAL SPEAKERS PRESENTAT:[ONS WZLL BE Li[Mi[TED TO 3-MTNUTE Herb Suss congratulated Commissioner McCray and appreciated what he has done as a Commissioner and he was glad to see Mr. McKoy on the Commission. Mr. Suss said that he now concurs with a report he had received approximately a year ago concerning density and high rises; however, he believes this should only apply in the downtown corridor. Mr. Suss encouraged everyone to work together on the Commission. Anne Centi welcomed Commissioner McKoy and thanked Vice Mayor Ferguson for his contribution to the Woman's Club. She inquired whether the City had any provisions for evacuation routes, shelters, and citizen participation in case of a terrorist attack. 2 Meeting Minutes Regular City Commission BoYnton Beach, FIQri;l~ November 1.9, 2002 III. OTHER: A. Informational Items by Members of the City Commission None IV. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Board Length of Term Expiration Date II McCray Bldg. Bd of Adj & Appeals Alt I Weiland Education Advisory Board Stu II McCray Education Advisory Board Stu Mayor Broening Library Board Alt I Weiland Library Board Reg 1¥ McKoy Nuisance Abatement Board Alt I Weiland Recreation & Parks Board Reg ! yr term to 4/03Tabled (2) 1 yr term to 4/03Tabled (3) 1 yr term to 4/03Tabled (3) 1 yr term to 4/03 3 yr term to 4/03 I yr term to 4/03 3 yr term to 4/03 Commissioner Weiland appointed Betty Thomas from an alternate position to a regular position on the Recreation & Parks Board. All other appointments were tabled. Motion Vice Mayor Ferguson moved to approve the appointment. seconded the motion that carried unanimously. Commissioner Weiland V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: Meeting Minutes Regular City Commission Bovnton Beach, FIQrida November 19, 200~ 1. Proclamations: a. Dr. Martin Luther King, .ir. Day - .ianuary 20, 2003 Mayor Broening read the Dr. Martin Luther King, .Ir. Day proclamation. Presentation by the United Way regarding the Mayor's invitational Bed Race 3eremy Cook, United Way representative, stated that the Bed Race was a great event and raised a lot of money for United Way and he looked forward to the event next year. The City did an excellent job for United Way. Brian Edwards commented that we have been beaten two years in a row in the Bed Race but would come back in full force next year. He said that the City of Boynton Beach worked very hard on the United Way campaign. VI. PUBL:[C HEARZNG: AGENDA PERM[TS 6:30 P.M. OR AS SOON THEREAFTER AS THE Project: Agent: Owner: Location: Description: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, inc. Southeast corner of Shore Drive and North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre (Proposed Ordinance No. 02-057) - 1't Reading Proposed Ordinance No. 02-056 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (]:PUD) (Merano Bay) - 2nd Reading Dick Hudson, Senior Planner, presented the item. He stated that this was basically a housecleaning matter. When the applicant first presented his proposal, he requested a high density land use amendment that would have given him 10.8 units per acre. Staff accepted it and advertised it and then realized that he was actually putting 20 units on the property, which is 1.1 units more than a high density land use would allow. Therefore, this amendment is coming back to clean things up. The rezoning and site plan have already been approved. 4 Meeting Minutes Regular City Commission Bovnton Beach, FIQrid~ Ncvember 19, 2007 Mayor Broening asked whether this was covered by the ordinance that was a result of the Federal Highway Study and Mr. Hudson replied affirmatively. Motion Vice Mayor Ferguson moved to approve. that carried unanimously. Commissioner McCray seconded the motion City Attorney Cherof read proposed Ordinance No. 02-056 by title only. Mayor Broening commented that this implements the previously approved ordinance that authorized the definition for Infill Planned Unit Development. Hotion Commissioner McCray moved to approve proposed Ordinance No. 02-056. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. City Attorney Cherof read proposed Ordinance No. 02-057 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-057. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Project: Comprehensive Plan Text Amendment (CPTA 02-001) Agent/Owner:Staff Initiated: Description: Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations [This amendment is in response to the objections of the State to the South Congress Residential (LUAR 02-002) application] (Proposed Ordinance No. 02-058) Dick Hudson, Senior Planner, presented the case. He explained that this amendment is being processed so that it could be adopted concurrently with the South Congress Residential amendment. The Comprehensive Plan Text Amendment is in response to recommendations made by the Florida Department of Community Affairs following transmittal of the land use amendment. Their objection was to an internal inconsistency in the City's Comprehensive Plan policies that placed a restriction on the conversion of land designated for industrial development unless the conversion provided employment opportunities. Staff is adding a provision to that which will help meet the City's goals for housing. The final language was the result of staff working Meeting Minutes Regular City Commission BQynton Beach, FIQrida N~vember 19, 2002 with the applicant for the land use amendment, the Planning & Development Board, and the CRA. Mr. Hudson read the proposed text amendment, which states "The City shall provide continued effort to allow for industrial acreage; however, that land designated industrial on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (1) would generate a range of employment choices for current and future residents, provide goods and services of regional importance or would provide opportunities for the City to meet its long range housing goals; and (2) is based upon adequate data including market analysis." Staff believes that conversion to residential use should be considered. These conversions have occurred previously in the City and within the County and seem to be a regional trend. The proposed amendment would make conversions easier to approve. Hr. Hudson reported that the South Florida industrial market consists mainly of warehouses and distribution. General industrial lands generate approximately 24 jobs per acre but those in warehousing and distribution are generating approximately eight so the City is not achieving what they had hoped by holding onto this land as industrial land. Also, there is a growth in population greater than originally projected. There is a lot of migration from Broward and Dade Counties and from out of state so it is known that housing is necessary. Tn summary, Mr. Hudson stated that this amendment adds criteria to the policy that would provide opportunities for the City to meet its long-range housing goals and adds the requirement that the applicant supply adequate data including market analysis. He stated that staff recommends approval. Mayor Broening felt that the property on South Congress Avenue was coincidental. The intention of the Commission when they requested that staff act on this was to provide staff and a future Commission with the enabling ordinance to allow them to meet the situation at any given time. The industrial market in the area has not been up to expectations and population growth has exceeded what was anticipated. According to the County, they are predicting the Palm Beach County population to increase by 270,000 people a year for the next ten years. Mayor Broening believed that the enabling ordinance that allows for a sensible decision is absolutely necessary. City Attorney Cherof read proposed Ordinance No. 02-058 by title only. 6 Meeting Minutes Regular City Commission Bovnton Beach, Florida November 19, 200? Notion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-058. seconded by Commissioner McCray. Motion was Commissioner Weiland disagreed. He believed the Comprehensive Plan is directly tied to the property on South Congress Avenue. Originally, staff was opposed to rezoning the property from industrial to residential and he questioned staff's change of mind. He believes that the City is very hungry for ad valorem taxes and apartment buildings seem to be the answer. Apartments are very transient and he thinks of Boynton Beach as a single-family residential community. He was interested in finding out what the long range housing goal is because he never knew there was a goal. There are more and more apartment buildings going up. Commissioner Weiland felt that if the City gives up industrial land for residential, there is no chance to save this industrial property for a group to purchase it to save some green space. Developers will be buying these properties to build apartment buildings. He does not believe this item should be moved ahead tonight. It is just a quick fix for the property on South Congress Avenue and it opens up a can of worms for all other industrial property to be lost to residential. He did not see a need at this time with all the new residential that has come on line. He believed that they were making a big mistake with this Comprehensive Plan Text Amendment and he hoped that the Mayor and Commission would deny or table this item. Mayor Broening commented that the very first phrase in this proposed text states that the City shall provide continued effect to allow for industrial acreage. However, it recognizes that there are market considerations that may prevail and that property owners have inherent rights to develop their properties and that the market determines what the use is. In Boynton Beach, big projects are changing from rentals to fee- simple units and that reflects the market. With the increase in population, there must be an accommodation in terms of density for those people coming into Palm Beach County and the best place to allow that is in the already developed areas, which are cities. Mayor Broening felt that staff and a succeeding Commission should be allowed to make sensible judgments based on current data rather than rely on a 20-year old ordinance. Vice Mayor Ferguson felt that the phrase "The City shall provide continued effort to allow for industrial acreage" needs to be strengthened. He felt there should be a base below which we would not go. ]~f people are going to live here, they would need a place to work and industrial acreage would fulfill that. Mayor Broening inquired how that number would be determined and who is competent to make that determination. Meeting Minutes Regular City Commission Boynt0n Beach, FIQrida NQvember 19, 2002 Commissioner Weiland was concerned that if this was passed tonight, developers could buy up all the industrial land and there would be nothing lett for green space. City IVlanager Bressner explained that approximately 11/2 years ago, staff put together an inventory of rental units. That study could be updated. Also, staff could provide some statistical information to the Commission regarding the amount of industrial properties available. This would allow the Commission to look at a number and they may need to tighten up the language in the policy. This information will be available for the next Commission meeting. Vote City Clerk Prainito called the roll and the motion to approve passed 3 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting. Mayor Broening stated that at the second reading, if anyone had a suggestion for additional language that provides additional confidence, he would be interested in hearing that. C. Project: Avenue Agent: Owner: Location: Description: Motorola (LUAR 02-007) (RE(~LIES'7' POSTI:~:)NEMEIV7' TO THE .~.~/26/02 PI_41VlV.rNG & DEVELOPMENT BOARD MEETING,) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, Inc. Southeast corner of Gateway Boulevard and Congress Request to amend the Comprehensive Plan Future Land Use Map to reclassify 49.695 acres of the Motorola DR1 from Industrial (IND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DR:[ from Planned Industrial Development (PID) to Community Commercial (C-3) (for multi-family, ancillary commercial development) VTI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida November 19, 2002 A. Minutes: Agenda Preview Conference of November 4, 2002 Regular City Commission Meeting of November 6, 2002 Special City Commission Meeting of November 12, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve the "sole source" purchase of emergency repairs to the Fire Aerial Ladder, Vehicle #800, from Sutphen Corporation in the amount of $29,620 Award a contract in the amount of $219,792.50 to Chaz Equipment Company, Inc. of Wellington, Florida as the successful bidder under Bid No. 002-2413-03/OD for the NE 19~ Avenue Sewer and Water Main Replacement Project (Proposed Resolution No. R02-193) Approve CH2M HILL for the design and construction administration of the interior expansion for the Senior Center facility at a cost of $12,000 (Proposed Resolution No. R02-~.94) Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNIT," Bid #078-2821-02/OD, to VACUUM SOURCE, INC. of Greer, South Carolina in the amount of $24,950 (TO BE REI;fOVED FROI~f THE CONSENT AGENDA AND TABLED,) City Manager Bressner requested that item B.4 be removed from consideration tonight. Iqotion Vice Mayor Ferguson moved to table item B.4. motion that carried unanimouslyi Commissioner McCray seconded the Approve the lease of the IBM AS/400 CPU from IBM Global Financing through Midrange Support & Service in the amount of $6,606.97 per month for 3 years per State Contract No. 250-000- 03-01 (Proposed Resolution No. R02-195) 9 Meeting Minutes Regular City Commission Boynton Beach, Florida November 19, 2002 C. Resolutions: Proposed Resolution No. R02-196 Re: Authorizing release of surety for the project known as Hunters Court full Proposed Resolution No. R02-197 Re: Authorizing full release of surety for the project known as BAPS, and refund the amount of $1,301 to the developer of the project Proposed Resolution No. R02-198 Re: Executing Task Order No. 17 with CH2M Hill for the final design, bidding services, services during construction and reports for Aquifer Storage and Recovery Well #2, in the amount of $231,970 Proposed Resolution No. R02-199 Re: Authorizing reduction in surety for the project known as Tuscany on the Intracoastal from the current value of $187,142 downward to $9,35o Proposed Resolution No. R02-200 Re: of a cash bond of $2,640 to Master Auto known as Master Auto Body Authorizing release Body for the project Proposed Resolution No. R02-201 Re: Authorizing release of a cash bond of $1,485 to Petropac, Inc. for the project known as the Shell Gas Station Proposed Resolution No. R02-202 Re: Executing a Development Regions Grant Agreement with Palm Beach County Board of County Commissioners to encourage economic development, revitalization and redevelopment of distressed areas Proposed Resolution No. R02-203 Re: Approval of 10 contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on 3uly 2, 2002 Proposed Resolution No. R02-204 Re: Approval of an Agreement for Water Service Outside of the City Limits for the project known as the Early Head Start Center and San Castle Community Park 10 Meeting Minutes Regular City Commission Boynton Beach, Florida November :~9, 2002 10. Proposed Resolution No. R02-205 Re: Executing the First Amendment to the Banner Attachment Agreement with Florida Power & Light Company (FPL) to install decorative, non-commercial banners along Martin Luther King, .]r. Boulevard between Seacrest Boulevard and Federal Highway D. Ratification of Planning & Development Board Action: Boynton Beach Medical Pavilion (ADAP 02-001), 2815 South Seacrest Boulevard - Appeal from the October 3, 2002 administrative decision denying Boynton Beach Medical Pavilion's request for building permit submittal due to site plan expiration Commissioner McCray pulled item D.1 for discussion. Fookes Shed (ZNCV 02-014), 3220 Canal Drive - Request for relief from Land Development Regulations, Chapter 2, Zoning, Section 4.B.2. requiring a detached storage structure not exceeding 100 square feet in area and 7 feet in height to be erected at a minimum of 3 feet from the rear and side property lines providing that no easement rights are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning district Commissioner McCray pulled item D.2 for discussion. E. Ratification of CRA Action: CKS Tncorporated (NWSP 02-005), Lot 44, Tradewinds Estates - East side of Old Dixie Highway, North of Gulfstream Boulevard and South of Miller Road - Request for site plan approval for an 8,043 square foot, one-story office/warehouse building on a 0.67 acre parcel Presidential Drive (HTEX 02-002), 719 Presidential Drive - Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F., to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches high, a distance of 2 foot 6 inches above the maximum 30 foot height allowed in the R- 1-AA single family zoning district 11 r4eeting Minutes Regular City Commission Boynt~n Beach~ FI0rid~ N~vember :Lg, 2002 Accept the written report to Commission of purchases over $10,000 for the month of October 2002 for informational purposes Go Approve payment to Advanced Generator Sales & Service in the amount of $87,869,83 for the emergency repair to the 750 KW diesel generator at the East Water Treatment Plant Motion Vice Mayor Ferguson moved to approve the consent agenda Commissioner McCray seconded the motion that carried unanimously, as amended. D.l. Boynton Beach Medical Pavilion (ADAP 02-001), 2815 South Seacrest Boulevard - Appeal from the October 3, 2002 administrative decision denying Boynton Beach Medical Pavilion's request for building permit submittal due to site plan expiration An excerpt from the code regarding expiration of a site plan was distributed to the Commission. City Attorney Cherof explained that the process in the past has been that if permits were not pulled on a site plan, it automatically expired after one year. The applicant in this case did have the opportunity to make application for an extension of the site plan, which under past Commissions was routinely granted. This provision of the one-year cap has been liberally interpreted by previous Commissions. Although there may have been a time when it was appropriate to have an automatic expiration of the site plan, when there was more speculation in land development, that may no longer be applicable in Boynton Beach. An alternative to what the developer faces now might be the Commission's reconsideration of this clause so that there would be an expectation that a site plan would move forward within one year but that the forfeiture of that right would not be automatic and would require some notice to the developer and the opportunity to hear why an extension should not be granted. Kieran Kilday, representing the applicant, explained that this request was a way to allow this project to move forward. The project was approved unanimously by all boards in September 2001. The applicant proceeded to go through the many steps required to obtain a permit including getting variances and permits from other agencies including the D.O.T. The issue did not come to his attention in time or he would have requested an extension. The owner applied for a permit on October 3rd with all plans signed off by the other agencies. However, according to the language in the code, the site plan expired September 4th. Staff suggested using this appeal procedure to get the item to the City Commission and recommended a six-month retroactive extension. 12 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida November 19, 2002 Mr. Kilday said that it is very difficult to get to the building permit stage within one year of site plan approval and he recommended that in the future, the Commission consider changing the language to give more flexibility. Motion Commissioner Weiland moved to approve Commissioner McCray seconded the motion. D.! and allow a six-month extension. Mayor Broening inquired whether it would be useful to staff if the language in the code was changed or would staff prefer it stay the way it currently is. Quintus Greene, Director of Development, stated that it was up to the Commission and staff could live with it either way. Mayor Broening thought that the current language was developed to keep "stale" projects from taking up City time and resources. He felt that there may be some language that would protect the City but provide flexibility. Vice Nayor Ferguson asked staff whether there were many who do not meet the deadline. Mr. Rumpf responded that there were not. City Attorney Cherof stated that there was a motion to approve the appeal, which would mean that the Commission was deciding that the Development Director's interpretation was wrong which it was not. He suggested denying the appeal but at the same time directing staff to redraft the provision of the code to eliminate the automatic forfeiture of the site plan and grant relief to this applicant based on the anticipated amendment. Commissioner Weiland suggested approving his original motion and changing the language in the code at the next Commission meeting. City Attorney Cherof said that under his suggested substitute motion, the applicant would not have to wait - the approval would be tonight. Commissioner Weiland withdrew his motion and made a motion to approve this tonight with the condition that the language is changed to coincide with this approval. City Attorney restated his suggested motion, which was to direct staff to redraft the provision of the code to eliminate the automatic forfeiture of site plan provision and to grant relief requested by the applicant based upon the anticipated amendment. Commissioner Weiland was concerned that if the anticipated amendment did not come forward, then this item would be denied. He suggested approving the request tonight 13 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida November 19, 2002 and drafting the language for a future Commission meeting to allow this to move forward. Vice Mayor Ferguson preferred to follow what City Attorney Cherof said regarding a motion to deny the appeal. Mayor Broening said that he was prepared to move on the motion from Commissioner Weiland, which was to approve the applicant's request and address this language change at a future time as a universal remedy. Mr. Kilday stated that staff worked out a solution for them and that was to deny his request but grant the extension, and the City Attorney suggested adding that the language be revised. That was acceptable to him. Motion Commissioner Weiland moved to deny the applicant's request, but to provide the extension that was requested and amend the language in the Code to remove the automatic forfeiture of the permit. Vice Mayor Ferguson seconded the motion that carried unanimously. 9,2, Fookes Shed (ZNCV 02-014), 3220 Canal Drive - Request for relief from Land Development Regulations, Chapter 2, Zoning, Section 4.B.2. requiring a detached storage structure not exceeding 100 square feet in area and 7 feet in height to be erected at a minimum of 3 feet from the rear and side property lines providing that no easement rights are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning district Commissioner McCray explained that the applicant had requested item D.2 be pulled for discussion. Anna and Kevin Fookes came to the podium. Ms. Fookes explained that when they purchased the shed, the person who sold it to them and who had been in business for quite some time said that a permit was not required because this was not a permanent structure. They relied on his word. The shed is three feet from the north property line and four and one-half feet from the east property line and they agreed to move it so that it would be five feet from the east property line and out of the easement. The shed is 18 inches higher than allowed. The Planning & Zoning Division told them that since the shed is more than seven feet high, it needs to be a distance of 25 feet from the east and either ten or twelve feet from the existing structure. They have no place to move the shed. 14 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida November 19, 2002 Ms. Fookes said that the neighbor to the extreme east has a seven-foot white PVC fence so the only portion of the shed visible to them is the top 18 inches. The neighbor to the north has bushes and trees that are approximately nine feet tall so she cannot see the shed. This neighbor told Ms. Fookes that she was looking into getting a shed exactly like it but wanted to see what the outcome of this was. All of their neighbors have told them they have no problem with the shed. The Planning & Zoning Division received a letter opposing this shed from someone on Hillcrest Road, which is one and one-half streets away. Ms. Fookes did not understand why someone would complain about something that they cannot see. Ms. Fookes explained that approximately 99 percent of the homes in the area have either carports or. garages. The Fookes do not have a carport, garage, or an attic so their only solution is a storage shed. There is currently an old, rusty metal shed in the yard, which they plan to tear down. They would have no problem with moving the shed out of the easement and they intend to plant landscaping so that the shed will not be visible from Canal Drive. If their request is denied, they would have to pull up all of the anchors and roll the shed to the driveway which would require tearing down part of their fence and would destroy their sprinklers. She questioned why the City did not inform the businesses that permits are required. Ms. Fookes said that they would appreciate the Commission's approval. Mike Rumpf, Planning & Zoning Director, explained that City staff is currently trying to communicate with the building community regarding current code requirements. He was shocked that a local contractor would communicate in that manner, particularly with the change in the building code with the new windload standard of 140 m.p.h, and the fact that almost everything requires a permit. In response to a question regarding setback requirements in residential areas, Mr. Rumpf said that they have not changed for numerous years. The code has to set some type of minimum height and setback requirements for accessory structures; however, the requirements are much more lenient with accessory structures than with regular structures. Mr. Rumpf indicated that staff stands by its recommendation. Commissioner Weiland thought that this was a minor variance compared to the item that was approved tonight regarding a height variance for a single-family home. His only concern was that future neighbors might not be in favor of the variance. Mayor Broening felt that the hardship is related to the lot itself. Setbacks have been changed in some older neighborhoods with substandard lot sizes. Some older houses are handicapped by a lack of storage space. He was very sympathetic to this. 15 Meeting Minutes Regular City Commission Bovnton Beach, Florida November 19, 2002 Commissioner McCray questioned whether the applicant would building permit, move the shed out of the easement, and install applicants responded that they would. agree to obtain a landscaping. The Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion. Mayor Broening asked whether there was documentation that the shed exceeds the 140 m.p.h, windload and the applicant responded that they had this documentation. Vote The motion carried unanimously. VIII. CITY MANAGER'S REPORT: None IX. FUTURE AGENDA ITEMS: A. Commission appointments to organizations (December 3, 2002) B. Report on Special Events (December 3, 2002) C. Recommendation from CRA regarding Old High School (December 3, 2002) FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Em Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: None 16 Meeting Minutes Regular City Commission Boynton Beach, Florida NQvember 19, 2002 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-054-B Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (The Harbors) City Attorney Cherof read proposed Ordinance No. 02-054-B by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-054-B. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Infill Planned Development (IPUD) (The Harbors) Unit City Attorney Cherof read proposed Ordinance No. 02-055 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-055. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances- 1st Reading Proposed Ordinance No. 02-059 Re: Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof read proposed Ordinance No. 02-059 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-059. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously, 17 Meeting Minutes Regular City Commission Bovnton Beach, Florida N~vember 19, 200~ Proposed Ordinance No. 02-060 Re: Amending the Comprehensive Plan Future Land Use Map from :~ndustrial (]:) to High Density Residential (HDR) (South Congress Residential) City Attorney Cherof read proposed Ordinance No. 02-060 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-060. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with Commissioner Weiland dissenting. C. Resolutions: None D. Other: None XIII. UNFINTSHED BUSINESS: 1. Lantana Annexation Motion Commissioner McCray moved to reconsider for discussion the Lantana Annexation. Commissioner Weiland seconded the motion that carried unanimously. City Manager Bressner explained that at the last Commission meeting, there was discussion regarding a request by the Town of Lantana. They had requested cooperation from the City to allow them to annex 17 parcels of property, which are located east of Seacrest Boulevard and south of Hypoluxo Road. This would provide an entrance corridor for Lantana. These properties are currently served by the City's water and sewer utility. In order for them to receive City water and sewer services, they entered into agreements that provide that at such time as they become contiguous to the City, the City can request that they be annexed. In the event those properties are annexed into the Town of Lantana, that provision of those agreements would not apply. The Town of Lantana has requested a waiver of the annexation provisions and confirmation that the City would continue to provide water and sewer service. If they are annexed into the Town of Lantana, these properties would continue to pay the 25 percent utility surcharge applied to all properties outside the corporate limits of the City. 18 Meeting Minutes Regular City Commission Bovnton Beachf FIQrida Ncvember 19, 2007 The Town of Lantana adopted a resolution affirming that the Town is not pursuing the annexation of properties west of Seacrest Boulevard and South of Hypoluxo Road. The total assessed value for the 17 parcels is $1.8 million and, based on the tax rate for Lantana, would generate $:~3,000 a year in property taxes. The Town of Lantana is interested in stabilizing that property and it would come under their code compliance regulations. The properties are north of the San Castle area. City Manager Bressner explained that there was a question at the last Commission meeting regarding whether the City would annex this property in the foreseeable future. He said that it was not likely because in order to obtain continuity to this property, the City would have to annex the San Castle property and that is not within the City's immediate plans at this time. There are some property maintenance issues that would be required prior to any municipality taking over that area. The other property that is located west of Seacrest Boulevard and south of Hypoluxo Road includes the Sam's Club, a hotel, and fast food restaurants. Those parcels are not contiguous to the City because the Palm Beach Memorial Park Cemetery is located between the current north corporate limits and those properties. City Manager Bressner stated that there have been discussions with the Cemetery regarding annexation. They are interested in water and sewer service from the City and have been told that they would have to sign a pre-annexation agreement. At present, they are not interested in pursuing the annexation of their property. They may in the future. It would be desirable for them to be annexed, as that would provide continuity to annex the commercial property. Mayor Broening felt that this was still an open issue because it would provide the continuity to annex tax producing property and square off the City. He felt that the City needs to be seen as working with the county and sister cities in straightening out the boundary lines and he thought this would create a great deal of good will. City Manager Bressner added that jurisdictional boundary agreements with surrounding municipalities help with long term planning needs. Staff supports this because it constitutes a gesture of good will to the Town of Lantana, It would be helpful to adopt this resolution, Commissioner Weiland expressed his opposition to the resolution. There are pockets at the southeast and northeast sections of the City that need to be annexed. One day it will happen. He felt that the Commission should not approve this tonight. 19 Meeting Minutes Regular City Commission Bgvnton Beach, Flgrida Ncvember 19, 2~02 Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried 4 to ! with Commissioner Weiland dissenting, XZV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 8:04 p.m. A'I-I'EST: Deputy City Clerk Commissioner (two tapes) 20 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. //~~ Name --~ Address Telephone# Summary of Matter to be Address If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/-~ will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and se~tces where necessary to afford an individual with a disability an eq~ opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Jol Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommod~ your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meetin~L. NameAddress / ~ ~'~-~-~~' -" ' ~" ~~ Telephone, ~ ~ ~ ~ ~~// ressed ~[~ Summa~ of Matter to be ~d _ / · BOY~ON m~H crrY ~OMM~ON PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~lve to the City Cie Commi~ion ~ting. Name prior to the start of the City Address Telephone # Summary - (One per card) If a person to appeal made by the City Conunisalon with respect to any matter considered at thio meeting, I will need a and, for such purpose, he/she may need to ensure that · verbatim record of the procoedt made, which record includes the testimony and evidence upon which the appeal is to be based. OP.8. 286.01os) The City shall furnbh appropriate auxiliary aids and services where necom~ry to afford an individual with a disability an oPP°rtunity to participate in and enjoy the benefits of · service, program, or activity conducted by the City. l~.ease contact Coctello, (661) 7426013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accoma your mqMst. PUBLIC COMMENT CARD ~~ FOR ITEMS NOT. ON THE AGENDA- PUBLIC AUDIENCE J~ Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, ] will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the Proceed: DEVELOP~"'NT ORDER OF THE CITY COMMt~'"ION OF THE ..., rY OF BOYNTON BEACH, FLORi,..~ PROJECT NAME: Boynton Beach Medical Pavilion (ADAP 02-001) APPLICANT'S AGENT: Kieran Kilday, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, FL 33401 DATE OF HEARING P. ATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: Appeal of administrative decision denying request for building permit submittal due to site plan expiration. LOCATION OF PROPERTY: 2815 Secrest Boulevard DRAWING(S): None X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS ;X~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant'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. DATED: S:~lanning\~ All further development on th,~,,~,D'~ll~'~!l be made in accordance with the terms and conditions of this orde.~"~,,t Other ~ ~ ~',¥ ~. -- ~%"...(~?~.." ?.. /1 ' · %. / ~ u~b"' ~\,.~'~ity Clerk ;HARED\WFAPROJECTS~Boynton Beach Medica~/¢~;),~,~ (i2-002\Develop. OrderBoynton Beach Pavilion ADAP 02- 001 .doc EXHIBIT "A" LOCATION MAP Boynton Beach Medical Pavilion O3 REC 3 PM U SITE i/8 M~LE 400 Kilday & Associa:t~.~. Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Maih info@kildayinc.com EXHIBIT "B" Request for reconsiderat~-n October 2, 2002 Mr. Quintus Green, Director of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Boynton Beach Medical Pavilion Dear Mr. Green, Based on our Conversation, on October 1, 2002 the Rendina Companies, attempted to apply for building permits for the above-referenced project. The Building Department denied the request citing that the Site Plan Approval had expired, because it was over a year old. However it was assumed that based on a letter sent to our office from Mr. Michael Rumpf, Planning and Zoning Director, on September 17, 2001, that our client could not proceed forward with the building permit process until after a text amendment, relative to this project, was adopted. Since the text amendment was not ratified until November 6, 2001, it is our understanding and that of our client, that the time table to seek a building permit did not start until the November 6, 2001 adoption. Therefore, the expiration date on the Site Plan Approval should be November 6, 2002. Furthermore, the Site Plan Development Order does not clearly state, as to when the one (1) year expiration of the approved Site Plan officially ends. That being the case, we can only presume that the approved Site Plan is valid until November 6, 2002, when the text amendment. Therefore, we respectfully request that the interpretation of the time limit to pull building permits be reconsidered to reflect November 6, 2002. This allows our clients to proceed with applying for building permits for a project that the City has approved and strongly supported. Attached to this letter are copies of the signed and dated Development Orders and the above referenced letter from the Planning and Zoning Director. Please contact me should you have any questions regarding this information. Sin~er.,ely, _ .....) Kilday & Associates, mc. Cc: Brian Mock, Rendina Companies Larry Juran, Rendina Companies ..................... EXHIBIT-"C" Administration determination DEPARTMENT OF DEVELOPMENT _ · Buila~ng · Plantting & Zoning · Occu~o~al Licenses · Cornmunlty Redo,,~lopmc~r October 3, 2002 Mr. Kiefian Kilday Kilday & Associates 1551 Forum Place, Suite 100A West Palm Beach, FL 33401 Re: Boynton Beach Medical Pavillion (File: NVVSP 01-004) Dear Mr. Kilday: This letter is in response to our conversation of October 1, 2002, and your subsequent letter, requesting a reconsideration of the time limits required to pull a building permit under the Development Order for the above referenced project. Please be advised that I have investigated the circumstances involving the timing and conditions associated with the site plan approval of the project. A review of the project file clearty indicates that the text amendment referenced in your letter, and ratified on November 6, 2001, was a condition of approval of the site plan, As with all such conditions, the timing of their completion has no bearing whatsoever on the actual approval date of the Development Order for the site plan. Moreover, Chapter 4, Section 5 of the City's Land Development regulations is clear in stating that, 'Upon approval of the site plan by the City Commission, the applicant shall have ('1) year to secure a building permit from the Development Department." This section of the code further states that '...At its discretion, the City Commission may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period." Inasmuch as the Development Order for site plan approval was granted on September 4, 2001, and given the fact that at no time dudng the subsequent year was a request for an extension of the site plan ever made, I have no basis for any interpretation other than that provided by the City Code. Therefore, the site plan for the above referenced project has, in fact, expired and a building permit cannot be issued. Please feel free to contact me if you have any questions. Sincerely, Quintus Greene Development Director Cc; Mike Rumpf, Planning Director Don Johnson, Building Official Clty of Boynton Beach · 100 East Boyreon Beach Blvd., P.O, Box 310 · Boynton Beach, Florida 33425.0310 Kiida¥ & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com EXHIBIT "D"' Request for Administrative Appeal October 4, 2002 Michael Rumpf Planning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33415 Re: Appeal of Administrative Decision Boynton Beach Medical Pavilion Our File No.' 868.28 Dear Mike: This letter will serve as a request to appeal the Administrative Decision as laid out in Mr. Quintus Green's letters of October 3, 2002, to be heard by the City Commission at their meeting on November 6, 2002. Attached you will find the requisite filing fee of $200.00. Also attached is a Justification Statement outlining pertinent information to be considered as part of this appeal. Here is a capsulized summary of what has transpired in the last several days. On October 1, 2002, the general contractor for the Boynton Beach Medical Pavilion attempted to file for a building permit for the construction of the project. At that time, City Staff made the determination that the Site Plan upon which the building permit was requested had expired on September 4, 2002. The developer, our Client the Rendina Company, who had diligently been pursuing all necessary plans and permits for this project since last year's approval, contacted our office and we in turn contacted you. For the record, let me say that our Client has diligently pursued the process necessary to obtain permits since the original Site Plan approval on September 4, 2001 and the subsequent variance for a height exception approval of November 6, 2001. The attached justification verifies our Client's efforts in that regard. Obviously, had the issue come to my office's attention prior to September 4, 2002, an extension request, as permitted by code, would have been submitted and based on the facts, approved by the City. Unfortunately, that communication did not happen and as a result the issue just arose this week. I appreciate your department's efforts to find a useful solution to this matter and I believe that this appeal definitely is the most timely approach. As we discussed, the only other solution would be to resubmit the exact same site plan that was approved last year and go through the same approval process again, which would carry us into January 2003. At the time the project was approved, both Staff and the Commission Michael Rumpf October 4, 2002 EXHIBIT "D" Request for Administrative Appeal Page 2 supported it. This process will allow the City Commission to look at the specific facts concerning this development and approve my request that an extension be granted post to September 4, 2002 to allow my clients to obtain their building permit. From my conversation with Quintus Green, I understand that this appeal will be scheduled for the November 6, 2002 City Commission meeting. Please call if you need additional information. ~Sincerely i ay & Associates, Inc. KJK:jj Attachments CC: Larry Juran / Brian Mock; Rendina Company Quintus Green; City of Boynton Beach h:/client/868,28/correspondence/rumpf_100402 Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com EXHIBIT "D" Request for Administrative Appeal JUSTIFICATION STATEMENT Boynton Beach Medical Pavilion Administrative Appeal Submitted October 4, 2002 The subject property is a 2.05-acre parcel located along South Seacrest Boulevard, across from the Bethesda Memorial Hospital. The site was previously used as medical offices, featuring a cluster of three (3) buildings constructed in 1978. On September 4, 2001, the Boynton Beach City Commission approved a site plan for a new 29,173 sq. ft. building to be constructed on the subject site, subject to several conditions. The conditions of approval included code modifications regarding the minimum allotment of parking required for the site and approval of height exception applications. The proposed structure features a 44 foot, 4 inch (44'-4") high entrance feature that did not meet the maximum height regulations established by code. The last of the code modifications and exceptions were approved on November 6, 2001. Attached are copies of the City's approval letters relative to the Approved Site Plan, Code Modifications, and Exceptions. As mentioned in the cover letter, the Rendina Company, our client, applied for a building permit for this project on October 1, 2002. The City's Building Department, subsequently denied the request, citing the expiration of the approved site plan. The City's Land Use Regulations regarding Expiration of Site Plan (Ch.4 Sec.5) states: "Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void, and the applicant will be required to submit a new site plan and application; provided however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such conditions the City Commission may impose additional conditions to conform the site plan to current development standards." Based on correspondence received from the Planning and Zoning Department on September 17, 2001 (attached), it is our contention that our client had one (1) year from the approval of the last Code Modification and Exception, which was on November 6, 2001 (attached). The letter specifically states: "Once the necessary zoning code text amendments are adopted, this project may proceed to the permit process. Additionally, Conditions #25 - #27, listed in the Conditions of Approval and listed below, further support the claim that approval of the final site plan was reliant upon the ratification of the text amendments, which were finally approved November 6, 2001. Boynton Beach Boulevard Medical Office Justification Statement Page 1 EXHIBIT "D" Request for Administrative Appeal The Site Plan Approval Conditions state: Condition #25: Site Plan approval is contingent upon approval of a variance for a reduction in required parking. Condition #26: Site Plan approval is contingent upon approval of a height exception for the forty-four (44) foot high peak roof entrance feature, and the thirty- one foot, eight in (31.8) parapet wall. Condition #27: Applicant has applied for a code review to increase the height in a Co 1 zoning district and to add parapets to the//st of architectural elements eligible for height exception. Site Plan approval is contingent upon approval and adoption of this requested code rev/s/on, and the ultimate submittal and approval of a height except/on for the parapet. Therefore, based on the above conditions, it can be assumed that the one year period should commence from the November 6, 2001 date. The attempt to submit a building permit application on October 1, 2002 was clearly within this time frame. The site plan approval ordinance did not include a commencement date, which they typically do, perhaps because it was contingent on the additional approvals, which were approved afterwards. It should also be noted that our client has been actively pursuing the necessary steps to commence development on this site. As evidence, attached, is a copy of an executed Palm Beach County Land Development Division Right-of Way Construction Permit. The permit allows the applicant to modify the existing driveway, and construct an adjacent sidewalk along Seacrest Boulevard. Additionally, we have provided a series of correspondences between DiFonte Consulting, Inc. (DC/), the civil engineer for this project, the Rend/ha Company, and Mr. Don Johnson, with the Building Department of Boynton Beach. These letters and memorandums, illustrate the project's evolution throughout the past year. In response to the Rend/ha Company's denial for a building permit, our office contacted Mr. Quintus Greene, Director of Development for the City of Boynton Beach on October 2, 2002 (attached), to request an administrative determination based on the evidence provided in this appeal. It was Mr. Greene's interpretation that the conditions of approval, and the timing of their completion posed no bearing on the actual approval date of the Development Order for the site plan. However, Mr. Greene suggested that he would be supportive of an Administrative Appeal request by Kilday & Associates, Inc. regarding this matter, seeing as though both Staff and the Commission were both supportive of this redevelopment project. As a result, on behalf of the Rendina Company, our client, we respectfully request a time extension be granted post the September 4, 2002 Site Plan expiration date, to allow the Rend/ha Company to apply for the required building permits to commence development of this attractive redevelopment project to provide needed medical office space for the City. Boynton Beach Boulevard Medical Office Justification Statement Page 2 CONSULTING, INC. 0CT-4-02 13:31; PAGE 3/4 2089 .PPALOOSA TRAIL WELLINGTON, FLOR[13A 3341 4 TEL. & FAX.: (561) 792-7551 ~.DIFONTE.COM CEET. OF AUTHORIZATION 8432 October 9, 200I Mr. Don Johnson, Building Official City of Boynton Beach Building Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Boynton Beach Medical Pavilion Boynton Beach, Florida Engineering Plan Submittal DCI01010 Dear M.r. Jobazson: Our firm has been engaged by the Rendina Companies to design and permit civil engineering elements associated with the referenced project. Briefly, the project entails constructing a new multistory building and ancillary facilities to replace several existing single story medical offices. The proposed project is situated within a 2.05 acre parcel along the east side of Seacrest Boulevard - at the southeast comer of the intersection w/th SE 270, Street. The project site is: situated within the corporate limits of the City of Boynton Beach, Florida. We are pleased to submit the following plans to commence the final engineering plans review process for the referenced project: · Two (2) sets of complete construction plans (Sheets 1 to 9, dated October 8, 2001). Please call or advise us as soon as possible when you have had the opportunity to review the plans. Very truly yours, DIFONTE CONSULTING: INC. >resident Mr. Leonard Mass, Rendina Companies PAGE 4/4 CONSULTING, 1NC, DATE: TO: FROM: SUBJECT: MEMORANDUM September 21,2001 Mr. Leonard Mass, Senior Vice Pre..sidem - Development Rendina Companies, Inc. Eugene A. DiFonte, P.E. ~ Boynton Beach Medical Pavilion, Boynton Beach. Florida Preliminary and Final Civil Enginc~ng S~vlces Project Progress Update DCIOIO010 2089 A, ppAL~tA TRAIL ~.. v~ WEI. U~GTON, F~.~mDA 33414 ~ ~ ~L. ~ F~.: (~61) 792-7~i : m wv, r~.m~"o~rrg, coM I--- ~o CERT. OF AUTI-IORi~.~TION 843;~;:;~_~ pUrsuan! ~:o your request, thc following is a bcicf"mapshot" view of the status o t'the civil engineering portion o£ the re£er~nced project: .Preliminar~ Site Entineerin_~ Preljmizuu7 site engineering services a,-c cs~Lmatcd to bc 100% complete. Final Site _i~n~ineerin~ · Final .site engineer/rig services are estima[ed to b~ substamiaily complete. · We have prepared plans for on-site paving, grading, drairragc systems and on-site potable water, fire and sanitary sma'er utility services. · Wc have c, oordinatcd our proj~ with other cor~ultants associated with off'sim water, ~wer and ol~.'ite roadway work, On-site E n ~p_ee_rt_ .np._Pe rm it ti~ ~ · Final on=site engineering pc:rmitting scrvicc~ are cstirn~tecl to bc about 25% complete. · ERP Permit with SFWMD - Secured with a "No Notice Permk". · LVv'DD - Not r~quired. PBC Land Dcv~pmcnt permit - Applied for on September 14, 2001. C/ty of Boynton Beach Land Developrm:nt (On-$kc and Drainage) - Submktcd plan~ informally far preliminary review on September 3, 2001. · City Ol~Oynton Beach Utilities (Water & Sewer Ut/litics). Submittccl plans l~)r informally preliminary review on September 3, 2001. · City of Boyaton Beach Fir~ Marshal - Submitted plans informally for review on September 3,2001. · Palm Beach County Heakh Dept./FIRS (Water Ufililies) - Pending approval from City of Boynton Beach. · Palm Beach County Health Dept./T4R$(Sewer Utflkie~) - Pending approval from City of Boynton Beach. Si.re ConcretiOn Ob;~rvation,~ -,nd Certification · Pending permit approvals. C:lD~t~i~j~as OltilOlO - ~ Esi Mc4 ~v~Kg,drd~R I01,~1 u:PT; £61 766 904~; 0CT-4-0~ 13:31; PA~ 2/4 DIFONTE CONSULTING, INC. ~089 APPALOOSA TRAIL E] WELLINGTON, FLORIDA FEL. & FAX.: (561 ) 792-7551 D WWW. DiFONTE:.COm CERTIFICATE OF AUTHORIZATION NUMI~E~ _;L~_32 MEMORANDUM DATE: September 27, 2002 TO: Mr. Brian Mock, Construction Manger Rendina Companies, Inc. FROM: Eugene A. Di~ontc, P.E. S URJECT: Boynton Be. ach Medical Pavilion, Boyaton Beach, lqorida F"ma~ C~vil Engiaceting Services Project Progress Update DCI010010 Pursuant to our d/scus.vions, thc following is a brief"snapshot" view of thc status of thc civil engineering portion of the referenced project: ?relimiaa _fy Site · Prcliminat7 site engi~ccriag services an: 100% Complete. Final Site Enllneerint, · Final site engineering services are i 00% complete. On-site Eneineertne " ERP Permit with SFWM:D. S~tmed with a "NTo N'otfce Pc~rnk". LWDD - Not required. · P]3C Land Development permit ~ Secured in December 2001. (At about th~ time a stop work order was issuecL) · Wc/rove "picked up" the permit on September 26, 2002 and will mail the originals for your s/gnatu~. Cit7 of Boyaton Beach Land Developmcat (On-site and Drainage) _ The City is rcv/cv~ thc project at this time. We expect comments as early as next week. City of Boynton Beach Utilities (Wmer 8: Sewer Utilities) ·The City has completed its initial rev/ew. Rc-.~a~bmlttal to resolve comra~ts expected next week. " Wc ~ nccd a check in thc amount of $"2,106.72 prior to final approval to reserve ~hc 2" water rooter. Palm Beach County Health Dept./RRS (Water Utilit/~) " -- ' app al rr~m City ofJ3oynton ~cach, Expect approval in Oc, lobcr 2002. umy e~Rh Dcpt-//-il~g(S~vcr Uti/itics) ' Pending approval ~om City ofl~o~nton Beach. Expect ~proval in Octol:N:r 2002. ¢:tl.?Q~l~oj~,tq Ol~OlOI0. IJ~wsm flmsdp Mai ~p~qlp~qdlll~wA~, ulxi PALM ll£ACll COUNTy LAND DEVELOPMENT Divir$ioN R,I(;HT-O~:WAY CONSTRUCTION I'EI'LMIT Pe,'mitlnot valid un[ess ~in~ c~,, I,~ PERMIT a~er ~i~ up ~ ,, ~o aa)~ ISSU~CE DATE: ~0, 2001 FEE: ~Za.l 5 PE~I~I'EE: Rcndina 3g0l PGA Boulevard, ,Suite 555 ~P: Eugene A. DiFontc, P-E. Palm Beach, Fl. 334]0 C56 l) 792-7551 LOCA'HON: R~ACREST EOUI,~VARD . MODI~ E~STINC D~WAY AND CONSTRUCT ADJACENT SIDEW~I.K APPROXIMATEI.y 200 F~ET SO[~H OF SE 27[h AVENUE. ~/tE~NCED pLANs: Project No. DClhl01fl Dw~s. 1-~ af 9 Pem~it is hereby grm~ted for thc work ~thJn ~e right-or'way ~ shown on the referenced p[~, subject te tl~e applicable Condldons on back vfflfi~ pc~it, and the follow~g conditions: Cont~c~ the Con~ruction Coordination Division at (561) 684~1 g0, 4S hour~ before commencement ofwor~ (See Condition Numher I on ~he back of th~ permit.) 2) The Pe~htce or duly au/bored ~gcnt for the pumittcc, shall be responsible for uoli~ing Municipal Administrator ur Clerk of Ci~ of Boynton Beach 48 h-uts prior to commencement wur~ 3) The permi/t~ shall submi~ ~o the Land Development Division a signed and sealed certifi~tion completion for the above work from the engineer~f, record, refcren~ng the permit number and indicating ~heWork w~s completed in substantial ~ccordancc with the approved pl~n~. 4) The pcrmi[tee ~hall be r~ponsible for ~bm&zion ufa t~ffic ~oatrol plan 1o Ed MeClane with thc Palm Beach Coun~ T~ffie Division. lle can be c~macled ~t (~I) 684-4030. The plan shall be submitted a minimum of 2 wee~ before consfruclion aud the pcrmirr~ shall ensure coordination takes plac~ f~r the plan to be approved prior to eonstruetiou. l'his permit shall benzine void if thc pink copy offfl)e ~it is not sik~cd ~d returned to fl, .. ot~c= w/thin 15 days ~ickup; ur, if ~(urned, Condition Number I on fl~e back of this ~stc~)s being copied below, we are sending {ha~ Buildin ~it is not complied with, If a Building Depa~mcnt 7cnm~tc'°t~ccuoancy bc withhel ' .. g Depa~enl a co his nni · mul review bv t a r,.~ _ n_ ~ d u~hl not~J~ed by thc Land py o~t,. pc t and mqucstm thc ~ I e ...... ouacn ~.ounzy Construction C~rdin..:..~l~meat D~v~sion lhat this emfit h LU EP, MI'VFIiE SLGNA.i.L~p,E (AU'I'HORIZ~-D iGNATUI<f..' OR DULy AIJ'I'I IORIZED ACiEN'I'): _a'.rrence lt._Jura, n: Ilx. ccut..i.ve ~/':l. ce PresJ. de - VLnASI, Land Development Diviaion R:LL~;IIb Cor~struction lCoordlnasion Division w/plun$ ~d McClane L Palm B¢,~ch Co. 'r~fie Diviaion ~ugene A. Di~onte, P.l!.. DiFonte Consulting, Per~iRee w/Plans Incorpo~tcd City ofBo~ron Beach - ~ullding Dcp~mcnt EXHIBIT "F" Conditions of Approval Project name: Boynton Beach Medical Pavilion File number: ADAP 02-001 Reference: None DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Medical Pavilion~ADAP 02-002\CCA Boynton Beach Pavilion.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: CKS, Inc. Jeffrey Smith with JMS Design, Inc. 3350 Boca Raton Boulevard, Suite A-2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 44 Tradewinds Estates - east of Old Dixie Highway, north of Gulfstream Boulevard, and south of Miller Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,,~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATE D: f{___.:- I._~_~ -_ 0._~_~ S:\Planning\SHARED\WP\PROJECTS\CKS, Location Map CKS inc. EXHIBIT "A" ~00 ~N -- ~R RD ,I L 8OO 8OO 1600 2400 N EXHIBIT "B" ,I EXHIBIT "B" EXHIBIT "B" b~rEI"V OFFICE /'PVAREHOLISE CONDOA~IINILLM$ FOR: EXHIBIT "B" ~ OFF[CE/T,'V.,'~RF_[-COL~SE CO]'~DOA, f, JT~LTj~,_~ FO~ ii' --IMS . . DESIGN JNC_~ _71 JMS DESIGN INC. /'.'Dm. i T--i~ ~' ¢_~ '- EXHIBIT "B" 11 J~'~'V OF~/W~OI~SE CONDOA412CrI.I~ FOP,: EXHIBIT "B" 11 NEW OFF~CE/W~REHOI~SE CONDOA,'~V]'LZA4S FOR: I EXHIBIT "C" Conditions of Approval Project name: CKS, Inc. File number: NWSP 02-005 Reference: 3rdreview plans identified as NWSP 02-005 with a October 25, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Reverse the layout of the dumpster enclosure so that the dumpster is located X on the north side of the enclosure to allow for better access by garbage trucks. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE Sec. 26-16(a)). In addition, the LDR, Chapter 6, Article IV, Section 16, requires that all points on each 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 (existing and/or proposed). It is recommended that a fire hydrant be used at the terminus of the water line (in place of the terminal blow off) to help meet this condition. 3. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. The easements shall be dedicated via separate instrument to the City as stated in the CODE Section 26~33(a). Refer to the above previous comment. Please note that water will be required to be within an easement (the city owns and operates all water systems up to the meter). FIRE Con~nents: 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Preventioz~ Code, (2000) Section 29-2.3.2. COA 11/01/02 2 DEPARTMENTS INCLUDE REJECT 5. Fire Lanes shall be provided at the start of a project and be maintained X throughout construction for access per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition O]2erations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION Comments: 6. The sidewalk shall be placed one (1) foot off the property line per the Land X Development Regulations, Chapter 6, Article IV, Section 10.T and the City of Boynton Beach Standard Detail B-91005. 7. At the time of permitting, provide details for swale areas to be constructed on X the site. 8. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows, and "Do Not Enter" signage, etc. Delineate and stripe the loading areas in accordance with the LDR, Chapter 2, Section 11.J. See City Standard Drawings B-98001 and B-90013 for striping details. BUILDING DIVISION Conunents: 9. Provide a survey (current within the last 6 months) at time of permitting. X 10. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each tenant space. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading COA 11/01/02 3 DEPARTMENTS INCLUDE REJECT Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 11. From the FIRM map, identify in the site data the title of the flood zone that the X building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans, X 12. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 13. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with the 2001 Edition of the Florida Building Code. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. At time of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 16. The applicant should indicate on the landscape plans that there are existing X trees on the site. The plans should indicate if the trees will be preserved in place, relocated, or removed/replaced on the site. Must relocate the three (3) existing Sabal palm trees. PLANNING AND ZONING Comments: 17. The elevations shall include the manufacturer's name and color code for all X paint and exterior finishes (Chapter 4, Section 7.D.1 .). COA 11/13/02 4 DEPARTMENTS 1NCLUDE REJECT 18. All above ground mechanical equipment such as exterior utility boxes, meters, X and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 19. Contractors warehousing or storage of vehicles, supplies, and equipment must X be accompanied by the principal office element of the use. 20. No activities are allowed inconsistent with the intent of the C-4 zoning district X including the zoning interpretation allowing contractors within the C-4 zoning district. 21. The space dedicated to office use cannot be enlarged if the mezzanine is built X out to its maximum potential (2000 square feet). 22. The Pigeon Plum and Pink Tabebuia trees must be planted at 12 feet overall X height. The Indian Hawthorne shrubs must be planted at least 24 inches in height and 24 inches in spread. 23. On the floor plan (sheet "A-2"), correct the spelling of warehouse. X 24. The concrete wall proposed along the east property line shall be painted to X match the building. 25. An agreement must be executed with the property o~qner to the north (for X access and maintenance related to the subject building's north facade) since the proposed building is to be located along the north property line as a zero lot line development. 26. Staff recommends that the monument sign face be painted the same color to X match the building. The letters should be the light green color used as an accent on the overhead bay doors or the blue color used for the wall signs on the building. 27. According to the building dimensions, the collective area for all wall signage X may not exceed 106.5 square feet. 28. Provide height dimensions for site sign (i.e. to top of sign and to top of X address portion of sign for purposes of confirming sign area and height). 29. The detail of the monument sign depicts it as a director), sign. Directory signs X are not permitted in the C-4 zoning district. Revise detail accordingly. ADDITIONAL COMMUNTIY REDEVLOPMENT AGENCY COMMENTS: COA 11/13/02 5 DEPARTMENTS INCLUDE REJECT Comments: 30. Applicant to work with staff to increase architectural elements on north faCade X including but not limited to bandings, material and color changes, towers, parapet walls, etc. 31. Applicant to work with staff to reduce drive aisle width to 24 feet and increase X south side landscaping strip by 3 feet unless turning radius minimum prohibits same. 32. Rooftop equipment, if any, will be screened; no screen lower than the X highest roof-top unit. 32. An agreement must be executed with the property owner to the north (for X access and maintenance related to the subject building's north facade), or an alternative means for accomplishing same if approved by staff, since the proposed building is to be located along the north property line as a zero lot line development. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 33. To be determined. ~ MWR/sc S:\Planning\SHARED\WP\PROJECTS\CKS, Inc\NWSP 02-005\COA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request for Height Exception LOCATION OF PROPERTY: 719 Presidential Drive DRAWING(S): SEE EXHIBIT "A to F" ATTACHED HERETO. Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. 5530 Duckwood Road, Lake Worth, FL 33467 November 19, 2002 X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic. ant ~(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant'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. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: S:\Planning\SHARE D\WP\PROJ ECTS\Presi(~/~. tia'~j~e~_'& 002.doc ~////, ~'L O p,~~ ' .~(~rk I,,.¢.Order Presidential Drive HTEX 02- Location Map 719 Presidential Drive EXHIBIT "A" EC ! i R3 LAS PAt MAS?ABK/ _%.-" PRES]DENTiAEq)F~i~Ei ~-~ BEC LAKE WORTH ICWW 0 400 Feet EXHIBIT "B" · j I t~ I '!tJliilJ ,, i]~l" "' ",,,',,~,',~,l!~lgl,, ,,:, ,~ l,,~ ,,',, i : I :J J [' ', ': .! ' " '11!I :" :''"' Ii !iii :':' !:,l,::lll l]] Ii::"", ,:::c :ll~ll! I l:[l ,: ., .,I il ],!,,1 : l~. "' Ii Ii: :I :, i:l j: ~ :~'" ..... :l"' :: J]]ii ,j, ...... ,, .,. ,: :,, .: ::,,:i: Iii :~[! · tli !' ,,.' ::. · ' · . q:inl i"::'' !,:,,!i:~:.,~ :j, IU ,.1 ~Il fl il i~: i:lj"![' ''~ · llljj ,l :l[il:![[j''' J! 1."jif: Il]Il :: EXHIBIT "C" EXHIBIT "C" lfi) i i EXHIBIT "D" WILLIAMS CONSTRUCTION SERVICES, lNG. 5530 Duckweed Road Lake Worth, FL 33467 September 10, 2002 Michael W.Rumpf, Director Planning and Zoning Division City of Boynton Beach Re: Height Exception 719 Presidential Drive Elevator Hoist Way ,, Proposed Height Exception From 30' to 32"6" Dear Mr. Rumpfi Following are the responses to the questionnaire with regard to the above-mentioned request for height exception: a. Height exception will not have any adverse effect and, in fact, will have less impact due to a smaller footprint than alternative means, (i.e., circular stairs). bo Height exception is necessary to provide egress and to comply with elevator manufacturer's requirement, (i.e., safety conditions above cabin). See letter fi.om Palm Beach Lifts, Inc. attached. c. Due to the location (rear of property), smaller footprint and relatively small height increase (2.5'), no reduction in air and light will result. This height exception is addressed under your Exception F. Height Limitation and Exceptions (2) and, therefore, not a deterrent to improvement of adjacent property. Adjacent properties are C.O.d. e. Property values will, in fact, be improved as this elevator will add value to the subject property and, hence, the adjoining properties, as well. f. No adverse living conditions will result fi.om the 5'x5'x2.5' addition. g. The public welfare will not be compromised by this exception. This exception is well within the scope allowed by code. EXHIBIT "D" Page 2 September 10, 2002 City of Boynton Beach Planning and Zoning ho The above evidence and enclosed letter from Palm Beach Lifts Inc. will justify the need for a height exception. It is understood that the submitted information may be referred to the planning and development board for recommendation. Thank you for your prompt considera*ion of this matter. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. Richard C. Williams President EXHIBIT "E" 5530 Duckweed Road Lake Worth, FL 33467 561 791-8168 Office 561 791-0456 Fax 561 702-4663 Cell October 24, 2002 City of Boynton Beach Fax #: 742-6257 ATTENTION: Max Re: Height Exception 719 Presidential Ddve. Per your r~:lUest, following are the options we pursued prior to settling on the existing elevator: 1. WHEELCHAIR LIFTS - We reviewed this possibility only to find that State law prohibits their use beyond twelve feet. 2. CIRCULAR STAIRS - Prevented handicap access and protruded negatively into side yard setback. (Original permit.) 2. EXTERIOR ELEVATORS - Lacked sufficient lift travel and not available for use in the salt air environment. We believe that the plan we propose overcomes all of the above objections and solves the problem with a minimum of impact. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. Richard C. Williams President EXHIBIT "F" Conditions of Approval Project name: Presidential Drive File number: HTEX 02-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUITY AND REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ ~..~^ S:\Planning\SHARED\WP\PROJECTS\Richardson DupleAZNCV~Condition of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fookes Variance APPLICANT'S AGENT: Kevin & Anna Fookes APPLICANT'S ADDRESS: 3220 Canal Drive Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: Relief from Land Development Regulations Chapter 2, Zoning Section 4.B.2. requiring a detached storage structure not exceeding one hundred (100) square feet in area and seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side property lines providing that no easement rights are abridged to allow an 8.5 feet high storage shed in lieu of seven (7) feet in height as required by code in a residential zoning district. LOCATION OF PROPERTY: 3220 Canal Drive (Lot 5, Block 9, Chapel Hill) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli.cant ~(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App. li/cant's application for relief is hereby /X, GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED S:\PIanning\SHARED,WP,PROJECTS,Fookes Variance,Develop. Order Form.2002 Re~i O "'*~rk This Order shall take effect immediately upon issuance by the City Clerk. All further development on the i~r ~u,,~r,~::ls~M~. 17',Eioe in accordance with the terms and conditions of this order. ~ ....'< .... ;;~'~;~' .... 4~ '~ Other ~:- ~o= Location Map FOOKES STORAGE SHED VARIANCE EXHIBIT "A" REC RIAAB ....... -- ---MI SS tON%H t. EL~RD R1AAB - -~W-33RD-PL - REC It, Ill i..~ EXHIBIT "B" -I ~. (..) O0 03O3 rcrr EXHIBIT "C" ¼ ~ ~ 1o'1 ~.,j,,,oo'o6 'z,o0,oo.oo's ~ u-)v -~ oo _j-_J ~-~ (,.D O0 .-_1 ,-J C)~ 3APJCI ]VNV3 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-212 EXHIBIT "D" TO: FROM: DATE: RE: Maxime Ducoste-Amedee, Planner, Planning & Zoning Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering October 22, 2002 Fookes Variance ZNCV 02-014 Easements Max, In response to your request of 10/21/02 for confirmation regarding allowable use(s) within utility easements I can offer the following: rq The LDR, Chapter 7.5, Article I, Section 18.1 give public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. The Utilities Engineering Design Handbook & Construction Standards, Chapter 1, Article I, Section E.2 states that "Easements should allow unhindered access to all Department facilities and mains." I also spoke with Pete Mazzella, Assistant Director, Utilities, who tells me that he is unaware of any specific written prohibition in the Code or LDR regarding construction within an easement. He went on to say that it is only common sense that construction of a structure within a right-of-way is a direct conflict and that Utilities has never allowed it. As you also know they are selective about the vegetative matter that is allowed in utility easements. I hope this was of help. Please let me know if you have any additional questions. LUck Xc: Jeff Livergood, P.E., Director, Public Works (via e-mail) Pete Mazzella, Assistant to Director, Utilities H. David Kelley, Jr., P.E./P.S.M., Utility Engineer, Engineering (via e-mail) File S:',Engincering\Kribs\Fookcs Vat'lance.doc · ' EXHIBIT "E" STATEMENT When a contract was made on the property at 3220 Canal Drive, Boynton Beach, FL it was determined that the existing Metal Shed was not safe, plus an eye sore. This structure is old, rusty and ready to collapse. There are several of these old metal shed's in the neighborhood, which should also be torn down, for safety reasons. There is no garage or attic space for personal storage; such as lawn equipment, storage containers with decorations, etc. This is very much so needed. Since there was no storage space, we purchased a Personal Storage Shed from 'Hitching Post' out of Delray Beach at a cost of $1700+ for an 8x12 unit. Hitching Post then delivered this shed and placed it in the corner of our property boundaries of 3 foot on one side and 4.5 feet on the other. They then anchored this into the ground. The corner of our property was the only spot to place this shed without placing it in the middle of the yard which would of not only been an inconvenience but also an extreme eye sore. Our extreme back neighbor has a 7 foot PVC privacy fence, which they can only see the very top of the shed. Our neighbor to the left has privacy trees, which she can only see the very top. And our neighbor to the right indicated that it was a very nice shed and they do not have a problem with it being there, plus there is also trees blocking the majority of the view. This shed has been approved by the 'Department of Community Affairs' out of Tallahassee with a sustained Wind Load of 150 mph. All papers supporting this are attached to this application. If there is a problem, you can contact them directly to obtain the specifications. This shed is in 'NO' way a problem for any other party to be concerned with. This is not distrupting any other parties property. It's not in the front yard. It is in the back corner of our property. Yes, you can see this from the front street, but once we are able to do the Landscaping this will not be seen. We very much need this storage shed and would greatly appreciate your approval. Thank You! //~e~Tn A. Fookes Anna B. Fookes 8-19-02 EXHIBIT "F" Conditions of Approval Project name: Fookes shed variance File number: ZNCV 02-014 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Conditions for variance approval. (1) The applicant must immediately apply X for, and obtain all required building permits. 2. The applicant must relocate the storage shed out of the utility easement, and X locate it at a minimum of five (5) feet from the rear property line. 3. The applicant must landscape the side of the property where the shed is X visible from Canal Drive. S:\Planning\SHARED\WP\PROJECTS\Richardson DupleAZNCV~Condition of Approval.doc