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Minutes 01-21-03MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAI~tBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY~ JANUARY 21, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager .~im Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Broening Mayor Broening called the meeting to order at 6:35 p.m. Rabbi Roth offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Broening. D. IF YOU WISH TO ADDRESS THE COPlMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. THE Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ferguson requested that item XlI.A.! (proposed Ordinance No. 02-062) be moved up on the agenda prior to the Public Hearing items. 2. Adoption Motion Commissioner McCray moved to approve the agenda as seconded by Vice Mayor Ferguson and carried unanimously. amended. Motion was Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 IT. PUBLZC AUDTENCE: ZNDTV~'DUAL SPEAKERS PRESENTAT:ZONS WZLL BE LI~MZTED TO 3-MINUTE Herb Suss, citizen of Boynton Beach, requested that the nameplates for the Commissioners include the district that they represent. Also, he referred to a statement made by the District ! Commissioner at the last City Commission meeting regarding the Workforce Development Board. As he has done previously, Mr. Suss gave out report card grades to the Commissioners. Sergio Casaine, 13 Meadow Park Lane, accepted his appointment as a regular member of the Planning & Development Board and thanked the Commission for the opportunity to serve the City. Sunny Garcia, 1631 NW 3rd Lane, thanked the City for building the P.A.L. press box and suggested that the field house be named the P.A.L.'s Field House. Stephen Leach, 203 NW 3rd Street, and Pam Mrkvicka were concerned regarding talk of developing a piece of property at 215 SW 3rd Street that is for sale. Mr. Leach expressed the desire to see some green space maintained in his neighborhood and offered his assistance with a green garden program. He asked who he could contact to discuss keeping this area green. Mayor Broening said that someone from City staff would contact Mr. Leach. Richard Valentino, 1410 SW 17th Avenue, met with the Public Works Director as he was requested to do and learned that there was nothing they could do to relocate the dumpsters at the medical building on Woolbright Road. He requested that taller, larger plants be placed on this site for privacy. He implored the City to ask the developer, owner, or builder to cover the dumpsters with some type of greenery. Both the building and dumpsters are visible from his window. He submitted pictures taken from his window and a diagram of the site and they are marked "Exhibits A" and "B' and are on file in the office of the City Clerk. City Manager Bressner told IVlr. Valentino that the City would discuss with the developer the possibility of additional landscaping around the dumpster, but they could not hide the two-story building. 3ason Wojack & Zenash Kebede, his wife, 224 SW Ist Avenue, requested more greenspace in their neighborhood. There is property for sale at the corner of SW 1st Avenue and SW 3rd Street and he would like the City's assistance to put a nature area there. Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 City Manager Bressner promised to answer both Mr. Leach and Mr. Wojack in writing. Carl Terwilliger spoke regarding the original scrub habitat in Quantum Park and felt that the area was the centerpiece of Boynton Beach. He proposed that the City talk to Palm Beach County regarding the County purchasing the property. He felt that a bond issue for Boynton Beach might be a good idea also. Helen Wright, 304 SW :17 Avenue, did not want to see houses built at 2:L5 SW 3rd Street. This property is in a historic district. It needs to be made into a passive park so that people could walk safely through the park and not in the street since sidewalks are scarce in that area. Hike Fitzpatrick, :L75 SW 2nd Street, felt that the Villa del Sol condition of approval regarding the greenway was not written clearly. There needs to be direction given by the Commission regarding greenways and clear conditions of approval should be written for the developers. He was concerned regarding all the development in the City and felt that there should be a moratorium on any more zoning changes until the greenways issue is cleared up. 3onathan Dwork, :L54 Orange Drive, stated that recently he did some research on the Juvenile Transition Center. He felt that there was manipulation and falsity on their tax returns. Mayor Broening interrupted Mr. Dwork and told him that unless he was a tax lawyer or a CPA, he was not qualified to make this type of judgment. III. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray stated that at the last Commission meeting, there were youth in the audience and he was not pleased with the decorum of the Commission. Commissioner McKoy reported that he had participated in the January 11th Martin Luther King, .]r. Parade in Riviera Beach and there was representation throughout the City. He also enjoyed participating in the Martin Luther King, Jr. March in Boynton Beach and he would like to see across the board participation. IV. ADMINISTRATIVE: Accept letter of resignation from Welton Sanders, Regular Member of the Advisory Board on Children & Youth Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Motion Vice Mayor Ferguson moved to regretfully accept the resignation of Welton Sanders from the Advisory Board on Children & Youth. Commissioner McKoy seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV McKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/03 III Ferguson Bldg. Bd of Adj & Appeals Alt III Ferguson Community Relations Board Alt ! yr term to 4/03 Tabled (3) 1 yr term to 4/03 Mayor Broening Mayor Broening I Weiland Education Advisory Board Education Advisory Board Education Advisory Board II McCray Library Board Mayor Broening III Ferguson Nuisance Abatement Board Recreation & Parks Board Stu Reg Reg Alt Alt Alt i yr term to 4/03 2 yr term to 4/04 Tabled (3) 2 yr term to 4/04 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Commissioner McCray appointed Sean Fenton as an Alternate Member of the Library Board. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointment. the motion that carried unanimously. Commissioner Weiland seconded V. ANNOUNCEMENTS, PRESENTATIONS: COMMUNI~TY SPECIAL EVENTS, & A. Announcements: None Community and Special Events 1. HeritageFest- February 1-23, 2003 Meeting Minutes Regular City Commission Boynton Beach~ Florida January 21, 2003 Angela Girtman, 1920 NE Ist Lane, announced the schedule of events for HeritageFest and invited everyone to attend. HeritageFest will begin on February 1st with a Family Story Hour and Book Signing. There will be a carnival from February 21- 23 and half-price pre-sale tickets are for sale at the Hester Center. Ms. Girtman thanked the City for their assistance and support. C. Presentations: 1. Proclamations: a. "Four Chaplains Sunday" Mayor Broening read the Four Chaplains Sunday proclamation. Commissioner McCray announced that the Four Chaplains ceremony would take place at Ascension Lutheran Church on February 2nd at 7:00 p.m. b. "Catholic Schools Week" Mayor Broening read the Catholic Schools Week proclamation. Presentation of Certificates of Accomplishment to Boynton Beach High School Girls Volleyball Team City Manager Bressner announced that the Boynton Beach High School Girls Volleyball Team had a good year and is making a name for itself. He congratulated the team and presented certificates to the following coach and team members who were in attendance: Kelley Franklin, Coach Trisha Barbee Natalie Bookal Paula Gardino Kristin MacDonald Michelle MacDonald 3essica Thomas A gentleman from the high school announced the team's standing of 25 and 8. He also reported that with the City's generous assistance, the School District just approved the entire track project. XII.A.1. Proposed Ordinance No. 02-O62 Re: Rezoning of vacant land consisting of +32.159 acres on the Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 east side of South Congress Avenue from M-1 (Industrial) Planned Unit Development (PUD) (South Congress Residential) This item was heard out of order. to City Attorney Cherof read proposed Ordinance No. 02-062 by title only. Herb Suss asked that the Commission approve this ordinance. This land has been vacant for approximately 25 years. Now the City will gain some tax money, the area will be beautified, and District I will get a capital improvement. 3ames Miriana, 728 NE 8th Avenue, was very concerned regarding the change to high-density housing. The traffic is unbearable now. He felt that industrial property is needed to support the growing population and the housing units would place a drain on our water supply. Bob Ensler, 26 Woods Lane, recapped the events that led up to this ordinance and stated that in December the staff recommended approval of the site plan and the Commission voted to approve it. Mr. Ensler showed slides of industrial zoning as seen from the rear of Hunters Run. The slides showed typical industrial zoning that is not high technology on South Congress Avenue. Hunters Run wants something that looks better. Mr. Ensler said that the code requires 13,000 trees and shrubs and ]PT has committed to 26,000. 3PI would pay $300-$350,000 in taxes to the City. Mr. Ensler presented a petition with 160 additional signatures requesting approval. This petition is marked "Exhibit C" and is on file in the office of the City Clerk. Motion Commissioner McCray moved to approve Commissioner McKoy seconded the motion. proposed Ordinance No. 02-062. Commissioner Weiland preferred to have fee simple housing there. The units that are planned would be renter occupied. He felt that Hunters Run would want to have something equivalent to their development across the street and these units would not increase property values in Hunters Run. When he voted in favor of the residential portion of Quantum Park, it was a mixed-use project and he felt it was a test to see whether residential would work with mixed use. However, these residential units on South Congress Avenue would be in the middle of industrial properties and it made no sense to him. Commissioner McCray was in favor of this because the Commission represents the citizens and Hunters Run provided the Commission with :1,300 signatures in favor of this project. 6 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Mayor Broening referred to a response he sent to Palm Beach County Commissioner Warren Newell. In the letter he said that the City of Boynton Beach has worked very diligently to be in compliance with the intentions of the State, the Treasure Coast Regional Planning Council and the County on using whatever resources we have, including rezoning and adding density, to accommodate growth. He stated that we are a prime area for redevelopment and the density must be increased to accommodate the principle of new urbanism where people can walk to work, walk to a restaurant, etc. He felt that Boynton Beach must think in a regional way and allow sensible growth across a broad spectrum of economic and social conditions. Vote City Clerk Prainito called the roll and the motion to approve carried 3 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting. VI. PUBLZC HEARTNG: AGENDA PERM?TS 6:30 P.M. OR AS SOON THEREAFTER AS THE Project: Agent: Owner: Location: Description: Gateway Plaza (USAP 02-002) (TABLED.,) H. Burton Smith, P.E. KWB Charitable Trust Lot 9:L-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park P1~D Motion Commissioner McCray made a motion to remove item VT.A from the table. seconded by Vice Mayor Ferguson and carried unanimously. Motion was City Attorney Cherof announced that this would be a proceeding conducted under quasi-judicial rules. He swore in everyone who would be testifying. Mike Rumpf, Planning & Zoning Director, presented the case. He stated that he has worked with the City's zoning regulations, Comprehensive Plan, and other related documents for 15 years and has a Masters Degree in Urban Planning. The request is for use approval for a gasoline dispensing establishment and a convenience store in Quantum Park. Unlike other conventional zoning districts, the Zoning Code does not set specific uses permitted in a PID district. Pursuant to Chapter 2 - Zoning, a building and its customary, ancillary structures, and land uses may be erected, altered, and occupied for a host of uses if approved by the Planning & 7 Meeting Minutes Regular City Commission Boynton Beachf Florida .lanuary 21, 2003 Development Board and the Commission. When approving a particular use, the Board and the Commission must find that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations and that the use proposed is consistent with the intent and purposes of the PI~D. Although verification of how the performance standards would be met has not been supplied, staff's experience has shown that these standards can usually be accommodated by technical measures and new technology. Therefore, staff focused its review on the intent and purpose of the PID, which is intended to promote the public health, safety, convenience, and welfare. Staff's major concerns were traffic congestion and accidents. This project would accommodate tractor-trailers and there would be two driveways - one directly to High Ridge Road and the other onto the Tri-Rail access road. l~t could pose hazardous conditions in the future. The characteristics of the site cause great concern for future residents and Tri-Rail users and staff recommends denial. Michael Weiner, attorney representing Pace Development Services, explained that the Commission's decision should be made based on three points: 1. Performance standards based on the Land Development Regulations - the applicant would meet these standards and staff agrees. 2. Tmpact of the site plan - he will address site plan issues so that the Commission will feel confident. 3. A second gas station within Quantum Park. This project would produce a better land scenario than any previously approved project for this area. Burt Smith, Registered Professional Engineer and the civil engineer for the project, stated that, in his opinion, this project would meet all City of Boynton Beach performance standards. The project has been designed with safety features in mind. All ingress and egress was designed to meet all City and F.D.O.T. standards and the project meets all applicable traffic standards. Mr. Smith's statement was submitted for the record. Tt is marked "Exhibit "D" and is on file in the office of the City Clerk. Mr. Weiner stated that with respect to the second part of the criteria for approval, the ordinance states that the use will be consistent with the intent and purpose of P~D districts. Regulations for PI:Ds are intended to accomplish a more desirable environment for industrial development in relation to existing and/or future City development. His client is willing to meet higher standards and expectations with 8 Meeting Minutes Regular City Commission Boynton Beach~ Florida 3anuary 21, 2003 respect to the site plan and the operation of this gas station. The correct analysis on use is whether or not it will allow a more desirable environment for industrial development. There is existing truck traffic within Quantum Park that requires refueling. This station would allow these trucks to refuel and immediately return to the :[-95 corridor. It would encourage development and a more desirable environment for industrial use, exactly as the ordinance states. ]~t would decrease truck traffic on surface roads. There was a concern from staff regarding traffic safety. His client would participate in whatever it would take to make this area as safe as it can be. The site plan that was approved for the ice skating rink had 292 parking spaces and the building was over two acres in size. This gas station is less than one tenth of that size. His client also proposes an area to remain as habitat. His client wants to coordinate something with Tri-Rail so that there is a park-like setting with additional parking places to relieve the traffic that backs up from Tri-Rail. They have the safest design. They want to separate the truck traffic from regular vehicles. They would never have a truck backing into a major thoroughfare. They would make a condition of approval that no truck could stay more than 1/2 hour on the site. This is not a truck stop - there are no showers, games, etc. In regards to the previously approved Mobil Station, Quantum Park is more than 550 acres and one station is not sufficient to serve the area. When the Commission allowed the Planning & Development Board to limit Quantum Park to just one gasoline station, it allowed the Board to countermand the City's ordinances. Amending ordinances require proper notice. No notice was given in 1999 and Mr. Weiner felt that this restriction was void. The restriction of one gas station in Quantum Park does not benefit the City. He felt that it was a monopoly improperly granted by the government. Mr. Weiner stated that they would be willing to accept, as a condition of approval, a deed restriction eliminating uses for any additional truck related activities or adult entertainment facilities or tattoo parlors. In summary, this use meets the spirit and intent of the code. Traffic and safety would meet applicable standards and it would assist public transportation. It would break a monopoly and give convenience and Iow prices to future residents. City Attorney Cherof asked Mr. Weiner whether he intended the Commission to take comments that he made regarding the site plan as material representations, Bruce Gay, Vice Present and partner of Pace Development Services, confirmed Mr. Weiner's remarks. Brad Barkman, Director of Operations for Tri-County Rail Authority, was concerned that the truck traffic would be pushed onto Tri-Rail's access way and this 9 Meeting Minutes Regular City Commission Bovnton Beacht Florida 3anuary 21, 2003 would affect Tri-Rail's ingress and egress. There is no parking area for the trucks. He envisioned that some trucks would be parking on the access way or try to enter Tri-Rail and the curb cuts are not made for that. There is already a lot of traffic and this station would add to it. Tt would have a serious impact on Tri-Rail riders. Mr. Barkman said that he spoke to the directors in his office and none of them or their staff had spoken to the applicant. Mike Friedland stated that in 1999 he was a member of the Planning & Development Board. This is a quasi-judicial Board and they make suggestions to the City Commission. The Commission and the developer of Quantum Park backed the Board's decision regarding limiting Quantum Park to one gasoline station. Mr. Friedland would like to see that agreement upheld. He was concerned regarding the noise and the 24- hour operation. Herb Suss questioned Mr. Rumpf regarding Policy 10.5 of the 1989 Comprehensive Plan that said within ten years that there be no dispensing and storage of gasoline within 600' of residential property. Mr. Rumpf answered that staff had not looked at this because it was not codified. Mr. Suss felt that the Commission should listen to the Planning & Development Board and staff's recommendations and deny this request. He was concerned regarding piggyback trucks. He also felt that a restriction on trucks staying only 1/2 hour on the site could not be enforced. He thought there were enough gas stations in the area. Tom McGillicuddy, Chairman of the Quantum Community Development District, stated that he sits on the Quantum Property Owners Association Board and on the Quantum Architecture Review Board and he is president and broker of record for Quantum Realty. He read a letter from the president of Quantum Limited Partners, dated 3anuary 21, 2003, to the City Commission in which he strenuously objected to this use request. A copy of this letter is marked "Exhibit E" and is on file in the office of the City Clerk. Mr. McGillicuddy said that the applicant stated that trucks that deliver goods to the Publix Distribution Center need to get fuel. However, he felt that they could get fuel before or after getting to Quantum Park. Publix has their own underground gasoline facilities. There was an agreement when the City Commission approved the Mobil station that they would not come before the Commission for another station. This property was sold for an ice skating rink. This is the first time he has had to object to any development in Quantum Park. Bonnie Miskell, zoning and land use attorney, was representing Westbrook Homes who is the residential developer across the street from this proposed project. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Chapter 11, paragraph L deals with commercial establishments engaged in the retail sale of gasoline. She had some serious concerns that they had not met Chapter 11. There is a 200' distance separation requirement that she does not believe they will meet. She also does not believe this request is consistent with the Comprehensive Plan. Under Policy :~0.5, there is a policy that provided for the elimination of petroleum storage or distribution within 600 feet from residential districts. The approval of this application would be in direct opposition to that policy. Also, their proposed use is not compatible with safety issues. Lee Wische, :1.302 SW :~8th Street, was opposed to this project. He said that it takes 25 minutes to fuel a tractor-trailer. Mr. Rumpf noted, in response to a comment made by Mr. Weiner regarding trucks in the area that required refueling, there are many fueling stations in that area. He also noted that only a small portion of the site plan is to be preserved. With respect to the statement that holding the PTD to one gas station would be counter to the goal of encouraging development, he doubts that there is data to support that statement. Regarding the City not following due process when restricting Quantum to one gasoline station, rvlr. Rumpf noted that there was no text change that required public notification. A recess was declared at 9:20 and the meeting resumed at 9:25 p.m. Mr. Weiner stated for the record that Mr. Kramer would be testifying now because he missed the opportunity to speak in favor of the project, but his testimony is not necessarily the testimony of the applicant. Kevin Kramer, licensed real estate broker and representing the owner, was one of the partners who were going to develop the land when they acquired this property for an ice skating rink in 1999. Their financial package for the rink did not come through. :If this project is not approved, they have other interested buyers; one is CSX Railway that would build a liquor distribution center and another is Rinker Concrete Company. Charles Pace, Pace Development Services, stated that he had good intentions. He wanted to give a safe haven for trucks to refuel. He has been doing this for 18 years. ~[f the real objection is to the truck fueling facility, he would be willing to remove it and would like the City to consider the gourmet facility offering sandwiches and regular fueling facilities. Mr. Weiner stated that his clients know they must get Quantum Park's approval but they cannot go to them until the use issue is worked out. 11 Meeting Minutes Regular City Commission Boynton Beach~ Florida .lanuarv 21, 200~ Vice Mayor Ferguson felt that the letter from the president of Quantum Limited Partners expressed the opinion that Quantum Park had to approve this project first and he questioned whether that was correct. City Attorney Cherof said that he did not know the answer to that and that the Commission would have to take the testimony and weigh the value of it and either accept it or not. Commissioner McKoy asked whether the Commission would be putting the City at risk if they approved this because of the restriction of one gasoline station there. City Attorney Cherof stated that there is no prohibition that restricts this PID to one gas station. The Commission should not use that previous 1999 condition as its basis for deciding this application. Commissioner Weiland could not believe Quantum Park's statement that we agreed to only one gas station on that corner and we should not be asking to change that. Quantum Park, City staff, and the Commission agreed that there would only be 500 residential units built in Quantum Park and six months later, 500 more units were requested by Quantum Park. He felt that it took some audacity to come back and ask for another 500 units and then to state that someone else should not ask for another gas station. Commissioner Weiland reiterated that the applicant agreed to donate land to help the stacking problem. The applicant agreed to do a deed restriction on the two parcels of land remaining that they would not come back and ask to turn them into a parking lot in the future. Commissioner McCray had a concern regarding Quantum coming back and asking for more and more residential units and then saying that there should only be one gasoline station. He felt that the applicant is trying to be a good citizen. Mayor Broening stated that most of the issues discussed tonight were site plan comments and the issue tonight is strictly the use. The fundamental issue is whether the PID has any legal authority to impose such a restriction against the City's allowable uses. He is inclined to believe that the applicant is the kind of entrepreneur that the City wants. Mayor Broening did not feel that they have the legal basis for approving or denying this use request. City Attorney Cherof explained that what the Commission is charged with doing under the code to determine whether the use is appropriate or not appropriate for the P:[D is to apply the 11 criteria that are set forth under the analysis section of P & Z Memorandum 02-229. The Commission must also take into consideration the provisions of the code that deal with gas stations. Mayor Broening questioned whether the property was zoned for a gasoline station. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 City Manager Bressner felt that the issue raised by Ms. Miskell was whether or not this type of proposed use is allowable within a certain distance of property that could be used for residential purposes. This still needs to be analyzed by staff. Mr. Rumpf explained that the use classifications are office, industrial, and commercial. Staff feels that greater scrutiny is given in reviewing those uses in a PIED. :It is always best to look at the code to see how it is written, the uses allowed, and review criteria. Regarding the Comprehensive Plan issue, staff did not review policy 10.5 in conjunction with this project because it is not applicable. Mr. Rumpf recalled that the intent of the policy was that it be applied to heavier petroleum businesses here in the City, one of which is on U.S. 1. ~[f the 600 feet applied, it would eliminate almost every gasoline station within neighborhood areas and would be contrary to the Zoning Code that allows them in C-2 zoning districts. City Attorney Cherof read the definition of gasoline dispensing establishments. He stated that the quasi-judicial proceeding should provide the Commission with enough information on which to base their decision. The burden to obtain the use approval is on the applicant. Therefore, if the Commission does not feel that there is enough evidence to grant the use, then the applicant has failed and the motion should be to deny. Mayor Broening felt another option would be to table this item so that the concerns could be addressed. He is not comfortable with this issue. Commissioner Weiland felt that many times the Commission has based their decision on site issues so he believes these issues are pertinent. Mr. Weiner reiterated that the 11 performance standards had been met and that staff had agreed with this. Quintus Greene, Development Director, is an architect and planner with over 25 years of experience. He stated that the PID is its own district so what is done within that district does not amount to a change in zoning. The restriction of one gasoline station in that district did not alter the zoning of the district. Motion Vice Mayor Ferguson moved to table. Motion failed for lack of a second. ]~n answer to a question by Commissioner McCray, Mr. Weiner stated that if the Commission approves the use tonight, they would go immediately to Quantum for their approval. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida January 21, 2003 Motion Commissioner Weiland moved to approve. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to ! with Vice Mayor Ferguson dissenting. Project: Agent: Location' Description: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3rd Street, South of NE 12th Avenue Request for right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue Mike Rumpf, Planning & Zoning Director, explained that this request was initiated by staff and is for the abandonment of a segment of NE 3rd Street right-of-way. The application is a reinitiated request to abandon a portion of NE 3rd Street lying between blocks 9 and 10 of Happy Home Heights. The subject right-of-way of NE 3rd Street would be converted to an easement for ingress, egress, drainage, and utility purposes. The City would abandon the lots to the adjacent property owner, the Daise Temple Church of God in Christ, who owns both lots on either side of the proposed abandonment. The original request for abandonment was filed by the church in June 2000. The church intended to vacate the 40-foot street to increase the church property. This application was denied by the City Commission, consistent with staff's recommendation, for the following reasons: a redevelopment study was just beginning installation of fiber optic communication cables was scheduled existence of a 6-inch water main along the right-of-way. At that time, the Commission directed staff to work with the church to arrive at an agreement for the church to use the property for parking purposes. Due to insurance requirements, an agreement could not be reached. Staff reevaluated the potential for abandonment given the lack of any contrary recommendations generated from the redevelopment plan and with the requirement that utility lines would be preserved through an easement that cannot be built upon. Therefore, staff is bringing this item back to the Commission and is reversing its position and recommends approval, subject to dedication of an easement, and building and tree planting restrictions per conditions of approval. Motion Commissioner McCray moved to approve. that carried unanimously. Vice Mayor Ferguson seconded the motion 14 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Extension of "Notice of Intent" (NOI) for Self-storage Uses and Facilities until April 2, 2003 (Proposed Resolution No. R03-007) City Attorney Cherof read proposed Resolution No. R03-007 by title only. Bob Ensler, 26 Woods Lane, agreed with what was proposed, that is to eliminate self-storage in commercial districts. He felt that there should also be some type of limitations on these facilities so that there would not be one on top of another. Mayor Broening believed that self-storage facilities are necessary in South Florida where there are no basements or attics. However, he felt that in the meantime, staff should look at some design standards for these facilities. City Manager Bressner explained that the regulations that were drafted are to restrict self-storage facilities to the M-! zoning district. If the Commission wants to reinsert them in commercial districts with some type of standards, that is a different issue. Staff's intent with the proposed ordinance was to continue self-storage facilities as a permitted use in M-! zoning but not allow them in commercial districts. Commissioner Weiland noted that once the moratorium is over, he would like to pursue asking staff to come back with different regulations to increase the standards. Motion Vice Mayor Ferguson moved to approve proposed Resolution No. R03-007. seconded by Commissioner Weiland and carried unanimously. Motion was VII. 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. A. Minutes: Agenda Preview Conference of January 6, 2003 Regular City Commission Meeting of January 7, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 15 Meeting Minutes Regular City Commission Boynton Beach, Florida .lanuary 21, 2003 Award RFP #017-1410-03/KR to CRED]:TECH for the "COLLECT[ON AND REPORTING OF THE C]-I'Y OF BOYNTON BEACH DEL]:NQUENT ACCOUNTS" at a commission rate of 20% of collected funds Approve CHANGE ORDER #8 to CONSTRUCT[ON TECHNOLOGY, TNC. in the amount of $29,700 for the BOAT CLUB PARK AND SlTE ]:MPROVEMENTS PRO~IECT, B]:D #077-2413-01/C_3D (Proposed Resolution No. RO3-OO8) C. Resolutions: Proposed Resolution No. R03-009 Re: Approving Task Order No. 01-06 in the amount of $82,959 to IVletcalf & Eddy for the Surf Road Area Water Main Replacement Project for the Bidding and Construction Phase Services for upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge Proposed Resolution No. RO3-010 Re: Releasing the Letter of Credit for Tuscany on the ]:ntracoastal (Building Permit No. 00- 4319) in the amount of $16,929 Proposed Resolution No. R03-011 Re: Approve and authorize execution of Task Order 20 in the amount of $30,490 with CH2M Hill for engineering services in the evaluation of replacing a 10" force main that runs from the West Water Treatment Plant and the Platina development east to Lilt Station 801 at the corner of Boynton Beach Boulevard and Lawrence Road Proposed Resolution No. R03-012 Re: Approve and authorize the execution of Task Order #4 with Engineering Consultant, Hartman & Associates, ]:nc. for an amount of $112,150 to prepare an infiltration and inflow program for Master Lift Station 309 basin Proposed Resolution No. R03-013 Re: Release of cash bonds of $440 and $28,600 to Nunno Builders, ]:nc. for the project known as Wendy's Restaurant Proposed Resolution No. R03-014 Re: Release of remaining surety for the water system improvements for the project known as Amerope Enterprises, in the amount of $505 16 Meeting Minutes Regular City Commission Boynton Beachf Florida 3anuary 21f 2003 Proposed Resolution No. R03-015 Re: Approving U.S. LEC, ~[NC. as the long distance service provider for the City with estimated annual expenditures of $20,000 Proposed Resolution No. R03-016 Re: Authorizing execution of a consent to co-location pursuant to the lease agreement between the City and Sprint Spectrum L.P. consenting to VoiceStream Wireless/T-Mobile co-locating on telecommunications tower located at 3600 Miner Road Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City Commissioner McKoy requested that item C.9 be removed from the consent agenda. D. Ratification of Planning & Development Board Action' High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 11..1. to permit overhead bay doors to face High Ridge Road Vice Mayor Ferguson requested that item D.1 be removed from the consent agenda. High Ridge Commerce Center #2 (NWSP 02-019), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district Vice Mayor Ferguson requested that item D.2 be removed from the consent agenda. High Ridge Commerce Center #2 (ZNCV 02-015), Southwest corner of High Ridge Road and Miner Road - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article ]:T, Landscape Code, Section 3.B.4. to allow parked vehicles to encroach two feet into a seven-foot landscape buffer area required by code for a manufacturing/industrial building in an M-1 zoning district E. Ratification of CRA Action' 17 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Dakota Lofts (MSPM 02-006), 3010 S. Federal Highway - Request for major site plan modification for changes to building elevations and floor plans Approve the Dakota Lofts Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE/PSM and Jeffrey R. Livergood, PE Accept the written report to Commission of purchases over $10,000 for the month of December 2002 for informational purposes G. Acknowledge the Mayor's signature on the 2002 Arbor Day Proclamation Allocation of $2,500 of Commission Community Investment Funds (Commissioner McCray) for the 2003 Heritage Fest Program Motion Commissioner McCray moved to approve the consent agenda as amended. Ferguson seconded the motion that carried unanimously. Vice Mayor C.9, Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City Commissioner McKoy was concerned that this resolution could affect programs in the City that concern children, for instance martial arts clubs in the community made up of children. City Attorney Cherof explained that the resolution was dralted to incorporate statutory definitions of professional activities. The resolution would not have any effect on amateur events, school events, or martial arts class activities for children. Under the definition, professional means when a participant is paid for the event or paid to train for the event. Randy Grinter, owner/operator of Club Ovation, explained that he was attempting to make his club a multi-use venue. Professional boxing would be good for producing income. Also, he is attempting to promote some ESPN events that would provide a good media content for the club and the City. ~[t came to his attention that this type of activity was not permitted per his occupational license according to the City Attorney and he is attempting to correct this. He naively assumed that there was no problem with this since the club had some wrestling and boxing events there before he purchased the club. Now he and promoter Mr. Gibson have a boxing event planned for this Friday, January 24th. He felt that it was not appropriate to prohibit professional 18 Meeting Minutes Regular City Commission Boynton Beach~ Florida 3anuary 21, 2003 boxing since he did not believe any other city in the state prohibits it. He also requested special consideration for the event that he has planned for Friday and perhaps one more event that ESPN is attempting to negotiate. When questioned by Vice IVlayor Ferguson on the occupancy, Mr. Grinter stated that the legal occupancy was 2,160. City Attorney Cherof explained that this resolution has nothing to do with Club Ovation and the event planned for Friday. Nothing should occur tonight that would constitute either approval or disapproval of that event. Quintus Greene, Development Director, said that the occupational license for this facility is for a nightclub and a nightclub is defined as a restaurant, bar, lounge, or similar establishment serving alcoholic beverages that features dancing, theatrical cabaret, or similar entertainment and/or electronically amplified music. Mr. Grinter's occupational license does not allow the activity that he proposes. Mayor Broening felt that some professional boxing events are very respectful and he was not ready to vote on this resolution, Motion Commissioner Weiland moved to table to a later date to obtain more information. He then retracted his motion since there were others in the audience who wished to speak. 3eft Gibson is a professional and amateur boxing promoter and promoted events in West Palm Beach, Ft. Lauderdale and Miami. The State Boxing Commissioner would have allowed this event at Club Ovation; however, he does not want to create controversy so he is moving the event to CityPlace on January 3:Lst. He explained that professional boxing is a business and is governed by the State Boxing Commission. When he comes in to promote an event, state government agents are there to oversee everything. If he does not have insurance, an ambulance standing by, and two doctors, the event does not occur. He felt that boxing would be very good for the community. Charlie Fisher, 8069 Stirrup Cay Court, questioned why the City would not want a professional event in the City. :It would help market the City. It is a heavily regulated professional sport and he hoped that the Commission would take advantage of this. Commissioner Weiland asked whether the Commission could legally grant a special exception for this event Friday night. City Attorney Cherof replied that the Commission could not waive the conditions of the code that prohibits the activity. The Commission could change the code but that would take time. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Mayor Broening felt that more discussion was needed and he was not inclined to prohibit boxing at this time. Motion Vice Mayor Ferguson moved to table this item. motion that carried unanimously. Commissioner McKoy seconded the D.l. High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 11..1. to permit overhead bay doors to face High Ridge Road Winston Lee, Landscape Architect and Certified Planner, explained that these are small units meant for small trucks. They cannot accommodate semi-tractors on the site. There is a great deal of architectural variety. The following concerns were raised at the Planning & Development Board: There was a project in Quantum Park a few months ago with the bay doors facing High Ridge Road. That building was much larger and had 59 bay doors. This unit is smaller, shorter, and only has 20 doors and has heavier landscaping proposed than the one in Quantum. So, as far as setting a precedent, he felt this project raised the standard. Orientation toward residential - there are no bay doors facing Quantum Park's residential units or other residential units. Preserve location - both Kevin Hallahan and Palm Beach County said this is where they want it. Mr. Lee felt that they met the challenge of the waiver and they have staff's support for this project. Mike Fitzpatrick, 175 SW 2nd Street, said that he had only two areas of concern for new developments in the City. One is the greenways network in areas of Boynton Beach and he is opposed to developments in those areas. His second concern is that the Comprehensive Plan in 1988 listed 40 environmentally sensitive areas in Boynton Beach and now he believes they are down to five or six. This is one of the last remaining remnants of the ecosystem and he felt that it should be preserved. He did not feel that the Commission should give any variances to this project. He requested that the City take a stand to preserve this area. Commissioner McKoy questioned the set aside preserve area and whether it was in compliance with the Comprehensive Plan for greenspace. 20 Meeting Minutes Regular City Commission Boynton Beachf Florida .lanuary 21, 200~ Mike Rumpf, Planning & Zoning Director, stated that the Comprehensive Plan policy states that a minimum of 25% of those areas would be set aside. This project showed from the start that 25% of the area would be preserved and left undeveloped. They do meet this Comprehensive Plan policy. Motion Vice Mayor Ferguson moved to approve. that carried unanimously. Commissioner McCray seconded the motion D,2. High Ridge Commerce Center #2 (NWSP 02-0:~9), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district Motion Vice Mayor Ferguson moved to approve. that carried unanimously. Commissioner McCray seconded the motion VIII. CITY MANAGER'S REPORT: None IX, FUTURE AGENDA ITEMS: A. Report on 2002 Holiday Parade participants' findings (February 18, 2003) Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) C. Discussion regarding Cemetery Board Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, :[nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No, RO3-...) FRA Whistle Ban - Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) 21 Meeting Minutes Regular City Commission Boynton Beach~ Florida .lanuary 21, 2003 X. DEVELOPMENT PLANS: None XT. NEW BUS~NESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-062 Re: Rezoning of vacant land consisting of +32.159 acres on the east side of South Congress Avenue from M-1 (Industrial) to Planned Unit Development (PUD) (South Congress Residential) Prev/ou$/y heard. B. Ordinances - 1st Reading Proposed Ordinance No. 03-001 Re: Rezoning from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD) for 18 single family detached zero lot line homes (Hawks Landing) City Attorney Cherof read proposed Ordinance No. 03-001 by title only. Commissioner Weiland felt that this would be a very good project for the area and would increase property values in the area. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-001. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 5 to 0. C. Resolutions: None D. Other: 22 Meeting Minutes Regular City Commission Boynton Beach~ Florida .lanuary 21, 2003 Review for ratification or modification Code Compliance Lien Modification Order dated December 30, 2002 for Case No. 99-555 (Claude Francois - 229 SE 4th Avenue) Vice Mayor Ferguson said that there was a language barrier with Mr. Francois, the owner of the property, and he is now in compliance. Motion Vice Mayor Ferguson moved for dismissal of seconded the motion. the $634.12. Commissioner McCray Scott Blasie, Code Compliance Administrator, stated that the amount was $1,000. Vice Mayor Ferguson amended his motion and moved to grant relief from all costs. Commissioner McCray seconded the amended motion that carried unanimously. Commissioner Weiland expressed a desire to have these code compliance matters moved up on the agenda in the future. Accept the offer of payment of attorney's fees and costs in the total amount of $16,650.59 from RHS Corporation Motion Vice Mayor Ferguson moved to approve. that carried unanimously. Commissioner McCray seconded the motion Authorize a projected mediated settlement with Plaintiff in the amount of $100,000, as statutory liability limit, for a motor vehicle accident where original demand at mediation was $10,000,000 Motion Commissioner McCray moved to approve. that carried unanimously. Commissioner McKoy seconded the motion Authorization to add proposed Ordinance to next Commission Agenda for First Reading: Ordinance regarding Amending Chapter 2 Administration, Article IV, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property Tt was explained that this would streamline the process for selling surplus City property to contiguous property owners where the property would be either a buffer or to extend a use already being realized by the adjacent property owners. 23 Meeting Minutes Regular City Commission Boynton Beach, Florida 3anuary 21, 2003 Motion Commissioner McCray moved to approve. that carried unanimously. XIII. UNFINISHED BUSINESS: None Commissioner McKoy seconded the motion XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 11:10 p.m. Commi. jssk~e~ ~ ~-'~'/~' Deputy City Clerk Commissioner (six tapes) 24 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. Telephone # ~-- be ~tddre ,ummary of Matter to ~~.~/~_ .~_~ ! ~:/ (.~ ~_/ If a person decides to appeal any decLolon made by tho City Come.salon with respec~ to any m~ conal~i~id at thio meeting, be/abe will need · record of the procesdinfs and, for such purpose, be/abe may need to enem that · verimtim record of the ln~cecd~ Lo made, which record includse the testhnony and evidence upon which the appeal Lo to be based. (F,8. 2s6.o~0s) The City shall furnish approprLoto eu2dliary aids and services where necoesary m aflbrd an individual with a disability an equal opport3mtty to participate in and enjoy the benefits of a service, profram, or activity conducted by the City. PLease contact Joyce Ccotollo, (S61) 742-6013 at least twenty-four beure prior to the profram or activity in order br ~ city to reasonably eeco--,~odato your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ~ill in the infatuation called for below and ~lve to the City Clerk prior to the start of the City Summary of Matter to be Addressed topic Rer card) . __ , Ifa person ,~eide~_ ,o appeal anY.de~ .~__d, ,___b~_~ ~ City ~omln~Bl6n~h reepe~c~tnm~Oul~antlYla~aatt~;b:~mh~d-~'Ocdor~t will need a record of the procsedinfa for euch purpose, be/aha my need to · ~l~y on~ rurnlsn api~i~-,- -,-,~---; ..u f a service , or activity conducted by the City. Plas. o~. contact doyce to i to in end enjoy tho benaflto o , profrem .~,~ date opportunity par~c pe ctivi in order for the city to reaseneuiy acco o Cestello, (561) 742-6013 at least t~eenty-four hours prior to the profmm or a ty your requast~ BOYNTON BEACH CITY COM_Mf__SSION 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 ~ff~/~- A~ C,4,~ ~,~ ~ Telephone, ~ /~ /~ Summary of Matter to be $ ~ 0~° S,'~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/the will need a record of the proceedinp and, for such purpose, he/the may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal ia to be based. (F.S. 286.010S) The City shall furnish appropriate a~'-*y aids and services where necesea~ to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 at least twenty-four hours prior to the pro~ram or activity in order for the city to reasonably acco,~*~odate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE 'ill in the information called for below and give to the City Clerk prior to the start of the City '~ommission Meeting. . Telephone * Summa~ of Matter to be Adhere , If a person decides to appeal any decision made by tits City Commission with respect to any matter considered at this meeting, he/she wttl need a record of the proceedinp and, for such purpose, he/the may need to ensure that a verbatim record of the proceedinss is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.olos) The City shall furnish appropriate aux/lfary aids and services where neceseary to afford an individual with a disability an equal opportunity to participate tn and enjoy the bansflts of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty*four hours prior to the profrem or activity in order for the city to reasonably accommodate 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 CommissiOnName_.~ //_ 7~-~-~~Meeting'//~~'~!'~ ~--~ ~'}~~/~''~- ' Telephone # ~/' ~'~ ~ Summary of Matter to be ~d If a person decides to appeal any decision made by the City Commimion with respect to any matter considered at this meeting, he/she will need a record of the proceedinfs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin~s is made, which record includes the testimony and evidence upon which the appeal is to be based. (Y.8. 286.010S) The City 8hall furnish sppropriste auxiliary aids and services where necessary to afford an individual with s disability an equal opportunity to participate in and enjoy the benefits of s service, profr~n, or activity conducted by the City. PleaM contact Joyce Costello, (S61) 742~013 at least twenty-four hours prior to the pro,rem or activity in order for the city to reasonably accommodate 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 Meeting. Telephone # ~~ ~/--~ Summary of Matter to be Address.~d If s person decides to appeal any decision made by the City Co ,mn~8. ion with re.spect to an..y .matter .co.n~, idered will need a record of the proceedinfs and, for such purpose, he/ese may need to ensure tns~ a veruaum recora ox me made, which record includes the testbnony and evidence upon which the appeal is to be b_see, d. (P:S..?86/0.10~ . disability equal The City ,hot! fllrn~ appropriate suxflhry aldo and services where necessary to snore an mar~auii Lns an opportunity to participate in and enjoy the benefits of s service, profrum, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 st least twenty-four hours prior to the profrum or activity in order for the city to reasonably accommodate 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 Kive to the City Clerk prior to the start of the City Commission Meeting. Telephone#~ ~-~__~~ ' Su~ma~~f Matter to be Ad~ess~~ ~ ~ ~ ~~ If a person decides to appeal any decision made by the City Comn~balon with respect to any matter considered at this meeting, he/she will need s record of the pruceedinfs and, for such purpose, he/she my need to ensure that s verbatim record of the proceedinEs is made, which record includes the te~Hmony and evidence upon which the appeal is to be based. (F.S. 286.o~os) Tho City shall furnbh appropriate auxiliary aide and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the baneflto of s service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at lout twenty-four hours prior to the pro,ram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info,.~.~ation called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone ~ Summ.~ of Matter to be A~e.ed~~- - ~' If a person decides to appeal any decision made by the City Commbalon with respect to any matter considered st this meettnf, he/she will need s record of the procsedin~s and, for such purpose, he/she may need to ensure that s verbatim record of the proceedinfs is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.o~os) The City shall famish appropriate auxiliary al(la and sel~ioes where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the baucflta of a service, profram, or activity conducted by the City. Please contact Joyce Costelio, (S61) 742-6013 at least twenty-four hours prior to the pro,ram or activity in order for the city to reasonably accommodate 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 Meeting. Telephone # Summary of Matter to be Addressed If a parson decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinf, he/she will nasd a record of the proceedinfa and, for such purpose, he/she may uc·d to ensure that a verbatim record of the proceedings is mad·, which record includes the testimony and evidence upon which the appeal is to be base~ (Y.S. 286.mos) The City shall furnish appropriate auxiliary aids and sexwtcas where necessary to afford an individual with a disability an equal opportamity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Plasse contact Joyce Costello, (S61) 742-6013 at least twenty-four hours prior to the profram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE .tame Address Telephone # ill in the information called for below and give to the City Clerk ommission Meeting. to the start of the City Summary of Matter to be If a parson decides to appeal any decision made by the City Commimion with respect to any matter considered at ~htt mee~tn_-, he/she will need a record of the proceedinfs and, for such purpose, he/she may need to ensure that · verbatim record of the proceedinfs ia made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0~0S) The City shall flunJsh appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits or a service, pro~n, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 at least t~renty-four hours prior to the proiram or activity in order for the city to reasonably accommodate your request. AG~JDA Fill in the information called for below and five to the City Clerk prior to the start of the City Comminion Meetinj~ ir a p.rmm doetdam to apped Hty doebion msdo bY tim CIt~ Commisdon ~Rlt ruq'oet to asW mttm' °°nddmd R ~ ~ m/m u~ll hood a roeod or rid jfoeoodlnll tad~ Iof stdl Pnloe~ IIo/llu mY Meal to g tliat a vurlJtlu naJrd or tho ~ b ~ wM ro~Jrd lneludea tim teatlmony and evldeJeo Ulam uMeh tim appeal I~ m b lmam~ ~.J. 2~.0101~ The City oimll hrnlnh appropriato &udimT aid, and oervlooe whore noeemm~ m alJml an IndlvMml ~ · dfmMiity au equal ~Mtelb, (861) 742-6013 at beat twonty-Jouf bourn jrlof lJ ~ jm~'am ~ ~ ins ofl[~ I~ tim ~ iJ ~anosmbi~ sm~ommodata BOYNTON BRACH CITY COIfMISaION PUBLIC COMMBIFF CARD AGENDA ITEM8 Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee*i-f. Address Telephone # ~ ~ -" 7 7 ~'"-"~;~ J Afenda # ~ ~ / S~~ of Ma~er to b Id----d~~ ~r ~d) LF a porto doe~deo to appod thy deefdon marlo by tho City Commlndoe wR~ req~ to an~ matmr oonddord at ~ ~ b/m md~ which rmrd indudor tho motlmony and ,Mdenee upot wlddl tim appml in to be beood. o~ to lmrtlclimte in and enjoy Om benefits of. a mrvfd~ ~ or. e~ivl~ eondu,:tod bl~ tim Cl~. lqsem coetaR Joyeo your roquoR. BOYNTON BRACH ~ COIHdlSSION MBL"FIH(~ 'ill in the in~.mation ca]bd br ~ommisaion Meeting. '~ Address Telephone # Summary of Matter to be Addremd~.. ' ir a peroon de~tdor to apimai tut d~etnion ~de by tim City Commbnion with r~imet to tn~ mattor mmdde~d R thio nu~tng, b/she wH! md · rorord of the proeoedingn and. for ouch imrinmo, llo/~dlo my hood to onm~ tlmt· v~ubatim rooord of the prooredlngn ia mado, wILkh reeord includes the tmffmony aud evidenee upm wlddu tim appoal ia to be based. ~.K 286.0106) The ~ shall rambh approprlato a,mlllory aldo and mr~f~o ut~re neeeorary m afl,rd au tndivldud with a dlmbliey an equal opportmd~ ~o partieipato lu and enjoy tim beneffto of · eorvleev projram, or aettvlty ooaduRod by tho City. Plmae eontaet Joyee Coeteilo, (561) 742-6013 at leaat twenty-bur hom~ ptor to tim propum or &etivl~ Im order br tim ~ m ~ammbly aeor----~lato your requosL BOYNTON BRACH crr~ COMM1BSION MBBTIlq(J PUBLIC COMMB]FF CARD AGENDA ITEM2 Fill in ~he ln~ormation eafled for below and five to the Ci~y prior ~o ~he atari of ~he City Commisoion Meet~nf. Telephone # Rna- # S~ of Matter to be [ [ ~a puuon d&oide, to appel any / I '-:~.":'-- ::~'~:. ~' ' ,fit h ~e ~rma~ ~~ Mee~. ltme Ad~u Telephone # AGENDA ITEM8 ~ in the information ealled for below and five ~o tho City Clerk prior ~o the otart or the City Fill in the information e~bd~ f ~ommisaion Meetin~ mth~ 'start dh City Addreao Telephone # SummmT of Matter to bo BOYIPrOIq ~C~ crr~ CO~ON ~rBne'rl~G AGENDA ITEM~ of the City Address Telephone Summary of Mattel' tO~'~, .tll md a roeod of the proeoodlap lad, br eudl lUllOe~ b/lie mi aood to mm tllat a vedmttu rooord of tim PrOmdlaP is mad~ wM rmeord fnehdeo the tewtimon~ mad ovidemmm UllOm mikli tim mpg~ml b to lm Imood. ~ ~01~ BOYIqTON BgACH CITY COMMI881ON u'~.~eTIB'G PUBLIC COI~,IqT CABD AGENDA ITEM~ Fill in the information called for below and give to the City Clerk prior to the start of the City ~ BOYBTOB BEACH CITY COIO~BSION MBgTIHO Telephone $ ~n~ . ~.~ - ..~ - ~ AGENDA ITEM2 Fill in the information eafled for below and five to the City Clerk prior to ~ start of tho City Commission Meetinf. . ~ ,~ , rout requmL ~ in the information Commission Meetinf,: Nme Addreso Telephone # Sumzna~ of Matter Coetelio, (8611 742-6011 at least Sty-smut mourn pul to tim len~ram e~ metivlt3l In efde~ file tim ~ reammaldy yout mqu~t. aoY~rO~ sr~c~ crr~~o~ Mzzrmo AGENDA rrF, M8 Fill in the information called for below and five to the City Clerk prior to the Commi~ion Address Telephone # Summary of Matter to be m in the Nme Address Telephone # Summary of Matter ~o lbs Fill in the bLfdrmation ealbd for below and five to Lite City Clerk prior to the etal~ of the City Commlsaion Meetlnf. Addrell 8unmmry or Matter to be AddreS°e~ ~ I///. PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Gateway Plaza H. Burton Smith 825 Whippoorwill Trail, West Palm Beach, FL 33411 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request for Use Approval for a Gasoline Dispensing Establishment in the Quantum Park PID. LOCATION OF PROPERTY: Lot 91, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda 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 App!ic>ant Z[_ 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,~ant's application for relief is hereby ~A, 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 prop. error shall be made in accordance with the terms and cond~bons of th~s order. ,..,~,- .... . ,, f~f~. EXHIBIT 'A' LOCATION MAP CITY PiD ~MOTOI IK OF CO M PARi~] AA '0 1/8 MILES 400 '800 FEET EXHIBIT "B" Conditions of Approval Project name: Gateway Plaza File number: USAP 02-002 Reference: Use Approval. 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: COA 12/19/02 2 DEPARTMENTS INCLUDE REJECT 1. A tree survey is required. X 2. Environmental review and approval shall be required prior to the issuance of X an occupational license or certificate of occupancy. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. ~/~ma ~ MWP,/elj S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION PETITION FOR USE APPROVAL, PLANNED IN-DUSTRIAL DEVEL~)PMENT DISTRICT (PID) IN RE: GATEWAY PLAZA I. BACKGROUND KWB Charitable Trust (Kenneth W. Brown) is the owner of parcel 91 within the Quantum Corporate Park PID ("Quantum"). Lot 91 comprises 6.55acres and has been designated OIC - Office, Industhal, Commercial - according to the DRI Master Plan. Pace Development Services ("Pace") will be the contract purchaser of the subject property at such time as the proposed uses are approved by the City of Boynton Beach. Pace is currently the developer and operator of a number of retail fueling centers and has a reputation for clean well managed facilties. Pace is desirous of constructing a modem and very functional convenience store, gasoline pumps and automatic car wash, along with a fast food restaurant along the High Ridge Road right of way and a diesel fueling station behind the convenience store. The diesel fueling station is to service the many tractor trailers that daily pickup and deliver goods to the Publix distribution center. These drivers currently mus travel some distance, on City and County streets to find diesel fuel an have the opportunity to get some refreshments. This proposed facility w'ill allow these drivers to refuel get refreshments at a convenient location next to 1-95 and not disturb EXHIBIT "C" Page 2 local traffic on City streets. The balanc~ of the property, 3.04 acres, on the east side of the subject parcel will remain in its natural state until such time as a use has been determined ! for it. II. REQUEST FOR USE APPROVAL WITHEN QUANTUM CORPORATE PARK PID Part III Land Development Regulations, Chapter 2, Section 7.A, of the Code of Laws and Ordinances of Boynton Beach, Florida (hereinafter "Code"), provides for the intent and purpose of the PD zoning district as follows: INTENT AND PURPOSE. A planned industrial development district (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development that xarill better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended t accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. PD districts may contain Mixed Use Pods with retail, commercial, office and residential components, subject to the design and approval criteria hereinafter set forth. Section 7.E provides, in part, for the permitted uses in the districts as follows: USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section I 1.M, recreational and attractions as defined for the industrial land use classification, multi-family residential, and mixed use residential/commercial uses in EXHIBIT "C" Page 3 PID's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and de.velopment board. In approving uses in the PID, the planning and development board shah make findings that the use or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of this section. For the purposed oft. his s~¢tion, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (!) or more of the following needs: preschool programming; tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of~anting degrees in a particular field and occupational or industrial, technical training ..... Lot 91 has been desired OIC - Office, Industrial, Commercial within the Quantum Corporate Park PID. The code does not specify permitted uses with the OIC designated parcels of the PID, however the uses permitted within the PID include many industrial and commercial businesses. The intent to the PID district is to accomplish a desirable environment for industrial development in relation to existing and future development, as well as to promote public health, safety, convenience, welfare and good government for the City. Pace Development Services intended uses would qualify as commercial uses. Pace Development Services proposed uses will not be in conflict with the performance standards of Section 4.N of the Boynton Beach zoning regulations. No use shall be carried out by Pace Development Services so as to create sound which is in violation of section 15-8 oft. he City of Boynton beach Code of Ordinances. No use shall be carried out by Pace Development Services so as to create inherently and recurrently generated ~ound vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may EXHIBIT "C" Page 4 cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment o~~ property, and rights-of-way, at or beyond the property lines of the property on which the use located. Furthermore, Pace Development Services shall not allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Pace Development Serv. ices shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond its property. Pace Development Services shall not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of their property; or to contaminate any public waters or any ground water. Pace Development Services's uses shall not create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Pace Development Services's uses shall not produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according the City of Boynton Beach EXHIBIT "C" Page 5 Zoning regulations, so as not to create a nuisance to such residential uses. No use shall be carried out by Pace Development Services which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the ! City of Boynton Beach Code of Ordinances, or any applicable federal, state or County laws or permits. Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or fights-of-way. Pace Development Services shall not create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the hastitute of Electrical and Electronics Engineers, or the Electronic Industries Association. Fur~ermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. Pace Development Services shall comply with all hazardous materials and hazardous waste regulations, local, state or federal. Pace Development Services's uses are consistent with the intent and purposes of the PID district, ha providing the above references service to the community at large, Pace provides a public service and promotes the public health, safety, convenience, welfare and good government of Boynton Beach without any adverse impacts on the community. EXHIBIT "C" Page 6 Paces's desire to be an integrated member of the community fits in with the intent and purposed of the PID by accomplishing'a desirable development environment and meeting the future needs of'city development by establishing its site within the Qu~atum Corporate Park PIT). III. CERTIFICATION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. Signature of authorized agent .]un 03 0~. ! i: l~a ~RMER RERLT~ DEVELOPM~M~ ; ~, BL.RrLI~ 5~.rrl.~ PE EXHIBIT "C" Pw..~: 87. A REPII~SENTATiVE MUST BE PRESENT AT ALL TECHNICAL REVIEW REVIEW THIS PROJECT. t ~ ~e~u Cll-Y COMMISSION MEETINGS HELD TO PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA High Ridge Commerce Center #2 Winston Lee, ASLA, AICP / Winston Lee & Associates, Inc. 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest corner of Miner Road and High Ridge 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 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. DATED: S:\Planning~SHARED\WP~PROJECTS'~Higi~ Ridge Commerce Park Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" SITE NIC R1 1000 M1 0 1000 Feet EXHIBITI "B" EXHIBI' "B" i ,x. EXHIBIT "B" 1 EXHIBIT EXHIBIT "B" F~lantinc~ F=ta~ O,/~ral! ~it~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ;1.: EXHIBIT "B" ] (".OJ~"TT,'~: HIGH RIDGE COMMERCE PARK J BOYNTON BEACH, FL 2 OA~: 0RAWN aY: SCALE: fi~W~ ~f ~ t2.2~2 p. F~ 02-HRCP 2 o~ 5 EXHIBIT PROPOSED D/F NON-ILLIIMINA~TED MONUMENT SIGN HIGH RIDGE , COMMERCE ,I CENTER II ]234 1234 ¢ONSTRUCTI.ON NO~T~ 1-1/2" X 1-1/2"X3/16" ALUM. ANGLE CONTINUOUS WELDED SPACE FRAME .090" ALUMINUM FACE. SANDED, PRIMED, STUCCO FINISHED TO MATCH H.R.C.R2 COLORS ( ~:1 GRAPHICS 1/4" PIN MOUNTED FLAT ALUMINUM PLATE LEI-rEPS EXTERNALLY ILLUMINATED W/GROUND LIGHTING PROPOSED D/F ENTRANCE SIGN EXHIBIT "B" HIGH RIDGE COMMERCE CENTER I! ENT~NCE CONSTRUCTKDN N(DTES: ALL ALUM. NON-ILLUMINATED D/l:: ENTRANCE SIGN .090" THICK ALUM SIGN FACE SANDED, PRIMED, PAINTED POLYURETHANE ACRYLIC ENAMEL TO MATCH COMMERCE CENTER COLORS. 4"X4" ALUM POSTS W/.080 ALUM POLE COVER GRAPHICS H.P. VINYl. COLORS TO MATCH DARK GREEN CCD :- ] VISA '~ APPROVED ~ ~RESU~MiT '/VI CHANGES NEWMAN ROAD * ! ]$&I.E$ REPRESENTATIVE: JERRY LAJ(E PAP. K. k'L J54(]3 ! ~ DRAWING PATH~O:~Corel presentationstH~Hi~Th Ridge Commerce Park 2 EXHIBIT "B" SIGH EO 0 ~E ~ cod b~ VISA r~ APPROVED L- RESUBMII" WI CHANGES IID REVISIONS ATE COMMENTS 8OYNToNHIGH RIDGEBEAcH,COMMERCEFL PARK 2t EXHIBIT "B" PROPOSED S/F TENANT DIRECTORY WAYFINDING SIGNAGE DIRECTORY 1000 - 1000 1200 - 1200 1500- 1500 CONSmUCTION NOTES: ALL ALUMINUM NON-ILLUMINATED S/F DIRECTORY SIGN .090" THICK ALUM SIGN FACE SANDED, PRIMED, PAINTED POLYURETHANE ACRYLIC ENAMEL TO MATCH COMMERCE CENTER COLORS. ;.~, 4"X4" ALUM POSTS W/.080 ALUM POLE COVER ~; GRAPHICS H.P. VINYL COLORS TO MATCH DARK GREEN SIGNED DATE ~, COO ~.~ VISA ~] APPROVEO ,~ JRESUBMIT WI CHANGES · . " F""°'''c' ~''~''''=: HIGH RIDGE COMMERCE PARK ~ ~ 2-2~2 ~ F,~I~ 1-t/2'~1'-0" 02-NRC~ Z 5 o~ 5 EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: Reference: na · 2 remew plans identified as a New Site Plan with an December 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None ENGINEERING DIVISION Comments: 1. An Administrative Waiver will be required for a change in the back-up X distance (for parking) from 27 (twenty-seven) feet to 25 (twenty-five) feet. This request should be addressed to the City Engineer and document the need for the waiver. 2. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 3. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permittins. BUILDING DMSION Comments: COA 12/18/02 2 DEPARTMENTS INCLUDE REJECT 4. Indicate within the site data the occupancy type of each building as defined in X Chapter 3 of the 2001 Florida Building Code. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. A water use permit for the irrigation system from South Florida Water X Management District will be required at time of permit submittal. 7. Vertical accessibility may be required at tenant improvements. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. Prepare a Management Plan document detailing the proper management and X maintenance of the 2.6 acre preserve. A tree wall / well must be installed along the entire perimeter where the elevation difference between the 2.6 acre preserve perimeter and the site is greater than six inches to one foot. 9. The existing gopher tortoises must be addressed with a permit from the X Florida Wildlife Commission. 10. Indicate on the landscape plan the existing trees that will be relocated or X removed / replaced on the site. These trees are in addition to the Landscape Code required trees and should be indicated with a separate sTrnbol. PLANNING AND ZONING Comments: 11. The two (2) feet of vehicle overhang into the required landscape buffer is not X allowed and would require a variance. Approval of this site plan is contingent upon the approval of the variance request (ZNCV 02-015). 12. The back-up distance behind the 90° parking stalls is required to be 27 feet in X width. The plans show the back-up distance of 25 feet in width. This will require an administrative waiver from the Engineering Division. 13. The overhead bay doors shall not be located on the building facade facing X High Ridge Road. Approval of this site plan is contingent upon the approval of the request for the Community Design Plan Appeal (CDPA 02-002). COA 12/20/02 3 DEPARTMENTS INCLUDE REJECT 14. The total future mezzanine area is 30,150 square feet; therefore the total X building area shall not exceed 139,500 square feet. Also, the site plan tabular data needs to accurately reflect all proposed building areas, including space designated for mezzanine area. ~ 15. Eliminate the symbol for the freestanding outdoor lighting fixtures on all X plans as only wall packs are proposed. 16. Show all proposed wall signage, including the lettering style, color, and X signage area. The maximum wall signage area shall be based upon the linear frontage of the two (2) buildings plus the depth (north elevation) of Building "B". 17. A directional sign is permitted provided that it does not exceed four (4) X square feet in area or five (5) feet in height with a limit of four (4) signs per lot. It /they must be located at points of parking lot ingress and egress (Chapter 21, Article IV, Section 2.F.). Show the location of the directional sign(s) on the site plan. 18. The monument sign will be required to be located at least 10 feet from the X east property line with shrubs installed at the base. Staff recommends reducing the overall height of the monument sign from ! 1 feet - five (5) inches to 10 feet. 19. Show the location of the director~ si~n on the site plan. X ADDITIONAL PLANNIiNG & DEVEI.OPMENT BOARD CONDITIONS: Comments: 20. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 21. To be determined. ~ gWl elj S:\Planning\Shared\Wp\Projects\High Ridge Commerce Park Ail Folders\High Ridge Commerce Ctr, ¢t2~NV~P 02-019\COA. doc PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH; FLORIDA High Ridge Commeme Center #2 Winston Lee, ASLA, AICPNVinston Lee & Associates, Inc. 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road. LOCATION OF PROPERTY: Southwest corner of Miner Road and High Ridge Road DRAWING(S): SEE EXHIBIT" A and 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 headng 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 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 .~ S:~PlanningtSHARED~WP~PROJECTS~Higtt Ridge Con~me~ Park FLO City Clerk ~2-O02~DO.doc Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" ~PUID~ PID R1AA v SITE NIC ,M1 lOOO 1000 Feet EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: CDPA 02-002 Reference: 2"d review plans identified as a New Site ['lan with an December 3. 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS ~CLUDE PUBLIC WORKS - General REJECT Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None COA 12/18/02 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. MWa/elj S:\Planning\SHARED\WP\PROJECTS\High Ridge Commerce Park All Folders~igh Ridge Commerce Ctr. #2\CDPA 02-002\C~..doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Dakota Lofts Dakota Lofts Development, Inc. 3010 South Federal Highway Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2002 TYPE OF RELIEF SOUGHT: Major site plan modification to elevations and floor plans of 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY: 3010 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency 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 5. This Order shall take effect immediately upon issuance by the City Clerk. ~\,.~\\~\\\~ ~1111 ! IIIIiill. 7. Other ...~ o, ......... ~ ~, DATED: O 3 = ' 7II. S:~Planning~SHAREO~WP~PROJECTS~AKOTA LO~S~MSPM 0~6~DO.~ O ~.~X~' All further development on the property shall be made in accordance with the terms and conditions of this order. Location Map DAKOTA LOFTS EXHIBIT "A" R3 I R3 ,,,/Icww / ,/ / '/ EXHIBIT "B'" EXHIBIT "B" EXHIBIT "B" 1-- DAKOTA L~O_F"~_S T.O_WN_H_O_M~_E_S EXHIBIT "B;' ;~i~l DAKOTA LOFTS TOWNHOMES ~ rqr .0 JAMES E,. GILG F..HI~ACH EXHIBIT "B" EXHIBIT "B" ,] / DAKOTA LOFTS TOWNHOME:$ EXHIBIT "B" ,) C Z Cl' Z EXHIBI-i- "B" el- C Z .-I Z Z ~ ^ ~.-rvrA ~ r~l:"t'~ TeIWNHOME~ Z EXHIBIT "C" Conditions of Approval -Revised 01 - 15-03 Project name: Dakota Lofts File number: MSPM 02-006 Reference: 2"a review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 17, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Suiter & O'Brian, Inc. dated July 17, 2001, is considered a community well. It currently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It will be a requirement of the applicant to either 1) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. FIRE Comments: 3. The fire engine mm around area at the southeast comer of the subject X property shall have a minimum centerline radius of 50 feet. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Permits must be obtained for work within the public right-of-way (LDR, Chapter 22, Article II, Section 7). X 5. Show all existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Show flow data graphically (flow arrows). Provide details for exflltration X trenches, catch basins, and manholes. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F.). 7. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 9). 8. Add a note to the landscape plan that within the sight triangles there shall be X unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping~ directional arrows and "Do Not Enter" signage, etc. Also see City Standard Drawings B-98001 and B-900 ! 3 for striping details. 11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X Section 5.J., Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard Drawing A-88007. 12. Provide a typical section for parking lot pavement conforming to LDR, X Chapter 23, Article II.Q. 13. If the houses are fee simple, then a plat shall be submitted along with X construction drawings. 14. The road on the south side of the property (Bamboo Lane) is deficient with respect to right-of-way width and pavement width. Bamboo Lane will be X required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it will be exempted from any upgrades to the roadway. However a turn-around area shall be provided pursuant to Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. 15. Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the water line crossing with sanitary and storm sewer. BUILDING DIVISION DEPARTMENTS INCLUDE REJECT Comments: 16. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 17. Identify the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 20. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the all~., right-o.f-way or easement. 21. 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 for the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are 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 that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in 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. 22. At time of permit review, submit for review an addressing plan for the X pro) ect. PARKS ANI) RECREATION Comments: 23. List on the site plan the site elements for which recreation credit will be X provided. 24. As a condition of issuance ora land development order for residential X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres ½ credit may be given against the requirement of land dedication or payment of fees. ½ private recreation credit will be calculated as follows: .285 acres / 2 = .1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25. If the property is not required to be platted, the recreation dedication fee will X be due prior to the building permit being issued. 26. Provide to the Parks Division at the close of the construction contract as-built X plans showing locations of irrigation lines in the fights-of-way and medians. 27. In order to earn ½ recreation credit, the developer needs to provide a X minimum of 5 of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Department staff, the recreation elements shown X on the plans do not meet the needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication rec~uirements for the project. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 'DEPARTMENTS INCLUDE REJECT 29. Update the site plan tabular data to accurately reflect the total number of provided parking spaces. X 30. The subject property must be platted prior to the issuance of any building X permits. 31. The ground level HVAC units shall be screened with landscaping. X 32. On the site plan, show the location of all outdoor freestanding lighting X poles. Provide a typical drawing that includes the height and color / material of all proposed freestanding outdoor lighting poles. 33. Include a color rendering of all elevations prior to the Community X Redevelopment Agency meeting. 34. The floor plan must include the scale of the drawing. Provide floor X plans of the five (5) and eight (8) unit buildings. 35. The foundation landscaping shall be required in the front and side of X each multi family dwelling unit (Chapter 7.5, Article II, Section 5.L.). If the front is unable to accommodate landscaping, enhance the landscaping proposed along the sides of the buildings. 36. On the landscape plan, label the vegetation to be preserved. X 37. On the site plan, identify the location of the 2"a story balcony to ensure that the balcony limits do not extend beyond the perimeter of each fee- X simple townhouse unit. 38. The configuration of the parking lot on the landscape plan shall match X the parking lot on aH other plans. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 39. Condition #3 shall be revised to require that a 40-foot wide (min.) X emergency access way be provided at southeast comer of project and kept clear of tree trunks and shrubs, and stabilized. 40. The east facades of the "A-2" units shall be designed to prevent visibility X from units (second and third stories only) onto adjacent single family properties to the east. 41. Project shall include decorative lighting fixtures not to spill light onto X adjacent single family properties. 42. Enhance landscaping along Federal Highway particularly at north and south X comers of project. Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 43. Provide aesthetic gate or barrier at emergency access point at southeast X corner of project to prevent non-emergency use of opening. 44. Provide enhanced project entrance, in part, to include landscaping, signage X and possibly a fountain. 45. Substantially improve the west, north and south facades of the buildings along Federal Highway through use of texture, color, elements on the wall such as columns, banding, windows, faux X windows, shutters, and / or additional roof features and porches. 46. Final facade changes pursuant to the above condition shah return to the Board to confirm compliance prior to pulling a building permit. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 40. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\MSPM 02-006\CO~, 2.doc GILGENBACH 20 DECEMBER 2002 EXHIBIT "D" ARCH ECTURE & PLANNN G C]:TY OF BOYNTON BEACH PLANNZN~, ZONZN~, AND BUT_J, DIN& DEPT. 100 EAST BOYNTON BEACH Bt. VD BOYNTON BEACH, FLOI~DA 3342§ RE: DAKOTA LOFTS TOWNHOMES 30[0 5OUTH FEDEI;~,L I-IZ~;HWAY BOYNTON gE. ACH, FLOR3:DA t PLANNING AND ZONING DEPT PI~ n~te tl~t the windows on the E~t sides of the 5 Unit and 6 unit buildings the =bove-~Cerencecl project a~e specified on the working dm3wings as frosted and fixed glass windows, to preven~ the occupcmts of these units fr~m looking down on tl~ ad, jac~rrt properties. These windows will otherwise look simile' to the other windows on the othe~ elewtions of the buildings for this project. Zf you have any questions concerning this mcr~ter, Please feel f~ee to contact m~ 5incer,~l¥; ~CAR~,FLOP~33433 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASLA, AICP/Winston Lee and Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2002 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4., to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for a manufacturing / industrial building in a M-1 zoning district. LOCATION OF PROPERTY: Southwest High Ridge Road and Miner Road, Boynton Beach, FL. 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 X' 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. 6. All further development ont:~.~.~r~_~.?..~. ~J~l~be made in accordance with the terms and conditions of this order 7. Other DATED: OI -~-03 C erk Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" ' SITE M1 NIC / /' " I,: '-' ~PU ' ' ~PARK i ,' ~I ,," / -- PID"/, ~'"~~ i , ' / ldO. 1000 0 1000 Feet jf EXHIBIT "C" Policy 1.11.6 Policy l.I 1.7 Policy 1.11.8 Policy 1.11.9 Policy 1.11.10 Policy 1.I1.11 1.11.12 regulations and performance standards ~vhich are related to groundwater protection. The City shall continue to adopt and enforce regulations to require percolation of the first one-half inch of stormwater runoff into grassy swales or other landscaped areas, through the enforcement of pertinent regulations, and require inlets and catch basins to be located in grassy swales or other landscaped areas, except on sites of less than one-half acre where the application of this requirement would not be reasonable. The City shall, through the enforcement of pertinent regulations, continue to require that property which has been cleared be seeded and mulched within 30 days, in order to minimize blowing soil, unless the developer diligently proceeds with the construction of buildings, infrastructure, or other improvements to the site. The City shall continue to adopt and enforce regulations, as well as, ne~v or revised policies within, and revisions to the Transportation Element to require that development projects include the provision of facilities for pedestrian and bicycle transportation, and mass transportation, wherever practical, in order to reduce air pollution from automobiles. The City shall, through the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development site, or the discovery, of archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Archives, History and Records Management, in the Florida Department of State. Proper protection to the satisfaction of the division shall be provided by the developer. The City shall annually request local historical societies to review the lists and maps of historic properties contained in the completed historical survey for annual addiiions of eligible properties to these lists and maps. The City Commission shall be allowed to adopt and/or revise the lists and/or maps of historical properties which are sho~vn in the historic survey and the Comprehensive Plan, by resolution for recording with the state. By 2002, the City, shall prepare and adopt a historic preservation ordinance to implement the recommendations of the Historic Site Survey. The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and "C" rated sites of I0 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- l ER 1-10 Date: June 20, 2000 Future Land Use Element Ordinance No. 00-29 EXHIBIT "D" Table 2. Listing of Boynton Beach Natural Resource Sites Site Geographic Area in Summary # Location Acres Evaluation 1 43 -45 -08-1 88.6 B Annotation Pine Flatwoods and disturbed PF; pond with emergent 2 43-45-08-2 29.7 X 3 43-45-07-1 52.4 X 4.a.* 43-45-17-1 141.8 A 4.b. 4345-16-3 A 4.c. 43-45-20-2 A? 5* 43-45-16-2 40.1 A 6* 43-45-16-5 19.0 A 7* 4345-21-1 9.6 A 8 4345-20.1 11.2 B 9 4345-204 6.2 D 10 4345-30.1 21.6 D I1 4345-20-5 17.1 D 12' 4345-29-1 -1-5,-359.7 A 13' 4345-32-1, -2,4~..°'25.0 A 14' 43-45-32-3 24.1 15' 43-46-05-1 7.0 16 43-45-31-1 22.4 C 17 43-45-31-2 17.6 X 18 43-45-30-2 17.4 X continued ... vegetation. East of High Ridge Counu'y Club. Lift Station #717 is located here. Residential development in progress. Cleared. Florida Scrub. County Site "Eco-87 Quantum NE Scrub". West of Highfidge Rd.; Pat of the site is in the Quantum Park DRI development. Portions in Boynton Beach and County. Disturbed Florida Scrub corridor. County site "Eco-36 Quantum RR-I95 Route". Restricted access. South portion of Quantum DRI development. Florida Scrub. County site "Eco-36 Quantum High Risk". Part of Quantum Park development both east and west of Highridge Rd.; road clearing and development in progress. Composite of Quantum sites total 9 listed endangered species. Florida Scrub with disturbed border. County site "F. co- 34, Roiling Green Scrub". Endangered species total 8. Florida Scrub. County site ."Eco-32, Galaxy Scrub". Endangered species total 9. Florida Scrub site with scrub oaks of shrub and small tree size dist~ by trails and disturbed borders along RR and 1-95 rights-of-way. County site "Eco-32 Industrial Scrub". Dense stand of Melaleuca (Melaleuca quinquenervia), Australian pine (Casuarina equisetifolia), and Brazilian popper (Schinus terebinthi£olius), and area of grassy and ruder'al species. A mix of Melaleuca and other exotics. Former Pine Flatwoods now crowded with weeds. ~ parcels. Disturbed Pine Flatwoods, Florida Scrub, and open gassy with rudeval species. Corridor, western border of I- 95, Eeo-31 Boynton 7th St Scrub right of way. See text narrative for additional information. South of Woolbright Road. Pine Flatwoods and open grassy; disturbed by previous clearing at ground level and entry of ruderal species. County site "Eeo-70 N I95-RR 23 Rd Corridor". No on-site visit. Endangered species total 1. A continuation of site #13. County site "Eeo-70 S I95-RR 23 Rd Corridor'*. No on-site visit. Small disturbed Pine Flatwoods ecotone with Florida Scrub. Caloosa Park. Cited for preservation due to location within a public park. Disturbed Pine Flatwoods with exotic weeds. Seen only from Congress Ave. Already Developed. Already Developed. -23- EXHIBIT "D" CITY OF BOYNTON BEACH CONSERVATION EL EkENT FIGUt~E ~ - NATURAL RESOURCES LESENO LJ ill tt- 2t E7 t5 23 Winston Lee Associates, High Ridge Commerce Center No. 2 Miner & High Ridge Road Variance Request to Chapter 7 ~, Article H, Sec. 3.B.4. Request to Allow a Vehicle to Encroach into a Landscaped Area EXHIBIT "E" That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: This parcel of land is extremely long, and narrow in depth. In addition, the City directed location of the preserve area along the western property line, compounds the design problems associated with the already narrow depth of the property. Therefore, from a design standpoint, this var/ance w/Ii allow for the required buffer plantings to be accommodated in the buffer, while allowing the vehicles to encroach into the ~ass area. This variance will aid the site design in allowing the circulation around the buildings to function more efficiently. B. That the special conditions and circumstances do not result from the actions of the applicant; Response: The configuration of the lot was not the result of the applicant or his predecessors, nor is the location of the area determined by the City to be best su/table for the preserve area~ These factors contribute to the site design constraints which necessitate this variance request. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Response: The granting of the variance will not confer any special privileges and will allow all the buildings on this site to be sited as allowed on other lands within the district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Response: The literal enforcement of the provisions of this chapter, as well as the preserve area requirements, would deprive the applicant of a reasonable development scenario on this parcel of land. 1532 Old ()kccchobcc Roa& Suite II)O. West Palm Beach. FL 33409-5270 EXHIBIT "E" High Ridge Commerce Center No. 2 Miner 8,: High Ridge Road Variance Request to Chapter 7 V.-, Article II, Sec. 3B.4. Request to Allow a Vehicle to Encroach into a Landscaped Area Page 2 That the variance ~anted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: This request is the minimum variance possible to alloxv t'or the reasonable use of the property. That the granting of the variance will be in harmonv with the ~eneral intent and purpose of this chapter and that such variance will not be injurious to th~ area involved or otherwise detrimental to the public welfare. Response: The variance is in harmony with the general intent and purpose of this chapter and is not injurious to the area or detrimental to the public welfitre. All the required landscape buff'er plant materials will be provided. It will simply allow the autos to overhang the grass. EXHIBIT "F" Conditions of Approval Project name: High Ridge Commerce Center//2 File number: ZNCV 02-015 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 DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORE STER/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. None ~ S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex~ZNCV~Condition of Approval.doc Fanuary 21, 2003 "EXHIBIT A" ._January 21, 2003 "EXHIBIT 26 Woods Lane Boynton Beach,, FL 33436 (561)369-1035 January 21, 2003 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 To: Mayor Gerald Broening Vice Mayor Mike Ferguson Commissioner Mack McCray Commissioner Carl McKoy Commissioner Ronald Weiland To: Janet M. Prainito City Clerk Subject: THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PROJECT, (Identified as Proposed Ordinance No. 02-262) The attached additional petition of 160 people (13 pages) is provided in support of the residential project on South Congress Avenue in Boynton Beach identified as THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PROJECT- (Identified as Proposed Ordinance No. 02-262). When combined with the 1,132 signatures previously provided, the total is 1,292 people who request your support for this most important project for the South Congress Avenue corridor. Respectfully your, Bob Ensler WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE JEFFERSON AT BOY'FON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) ~ PRINT NAME ADDRESS ---, ...... ~' ~~~ ~,;2;71; .......... ....... ___ ~,~/~¢~¢'~ .......... ~~_~ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. WE THE UNDERSIGNED DO HEREBY REQUEST THAT THE BOYNTON BEACH COMM]:SSION APPROVE THE FOELOWING' RESIDENT]:AL PRO.]ECTS ON SOUTH CONGRESS AVENUE IN BOYNTON BEACH' + THE ]EFFERSON AT BOYTON BEACH RESIDENTIAL PRO.1ECT (Previously identified as Proposed Ordinance No. 02-262) THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-009 at the P&D Meeting) S]:GNATU RE PR]:NT NAM E ADDRESS .... ..... ..... · ....... 10. 11. - ......... ~ ~ . _ : ~ ~_ ~,_ ~ z' _ _ _ ~_c. _ _~~~ ............ ~ ............... ~___~,~,- Z8. :1.9. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS. + THE JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNA.T.U RE PRINT NAME ADDRESS __ ....-- ..... 4 ~*;";,{- ¢-/-~/'-~-.~J ~~z ~-~ -- - ' .... ~-- ..~-~- _~ ....... ~~.~ ....... _~_~~ 6. J~-~-P~-~_~~ ..... ~_~~,~,~_~;___' :: .... 8. -~~--~~~ ............. ~_~~~ .... . - __ / ....... ._ _ .~ ....... ~_. -. .... ; .... ~ ...... ~=___. ........... ~_~_ ~.~ ~a~- ~,, ~~ .... ; ............... · ............. ........ ~. - ZZZ .... ~,. ~?-~ .......... ~~,~~: ..... ~ ~. ~-~ ~-~-~~ ............ ~~ ~:,_~__~~__~ WE THE UNDERSIGNED DO HEREBY REQUEST THAT THE BOYNTON BEACH ~UlVilVlI$SION APPROVE THE FOLLOWING RESIDENTIAL PRO]ECTS ON SOUTH CONGRESS AVENUE IN BOYNTON BEACH: + THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PROJECT (Previously identified as Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-009 at the PAD Meeting) SIGNATURE 2 ~-~ 3 4 5 6 7 10. 12. 13. PRINT NAME ADDRESS, ..... ~ (~*,~ . ~- 20. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TC) RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE ANr~ FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS, -' THE JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATU RE PRINT NAME ADDRESS 11. 12. 13, 15. 16. 18.-- 19. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE -1EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS ....... z,__dj. 1.. ............. ~ ...... 2 _ ~ _ _ _~f P/) SY'~ '/'/-~ ,r~ ~ ........ _~_<~_._~ __ _4_ ~_ _~? 1 I1. 12. 13. 14. 15. 16. 17. 18. 19. 20 WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND, FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE 3EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS ~0. 11. 12. 13. 14. 15. 16. 18. 19. 20. WE THE UNDERSIGNED DO HEREBY REQUEST THAT THE B()YNTON BEACH COMMISSION APPROVE THE FOLLOWING RESIDENTIAL PROJECTS ON SOUTH CONGRESS AVENUE IN BOYNTON BEACH' + THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PROJECT (Previously identified as Proposed Ordinance No, 02-262',1 + THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-009 at the P&D Meeting) St 6. 7. 8. 9. 11. -~ PRINT NAME ADDRESS 2. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 14. 5, mmmmmmmmmmmmmmlmmmmmmmmmmmmmmmm 7. m/mmmmmmmmmmmmmmmmmmmlmmmmmlmmmmmmmm~mmmmmmmmmm 8I mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 19. 0! mmmmlmmmmmmmmmmlmmmmmmmmmmmmmmmmm WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .1EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) ~/~IG~AT JRE PRINT NAME ADDRESS ~. -L}~-~~r-:~ _ . .............. ~ ......... _~___~_~_Z~__6~,~ .... ~._ .... ~.~_,_~___q~ :~ ;~;~~~_~ ~0. ---- 12. 14. 15. 16. 17. 18. 9 mmmmmmmmmmmmmmmmmmmNmmmmmmmmmmmmmmmmmmmmmmmmmmmm 0 mmmmmmmmmmmmmmmmmmmm~mmmm~mm~mmmmmmmmmmmm WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TI:) RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS' + THE JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE "'"' l]----m--lllllll llZ] ......... 3. ADDRESS Bm mmmmmmmmmmmmmmm,m 12. 13. 14. 15. !5. 17. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm~mmmmm#mmmm,mmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmem mmmmmmmmmmmmmmmNmmmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmNmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 8m mmmmmmmmmmmmmmmmmmmmmmmmm#mmmmmmm~mmmmmmm,mmmmmmmmm 9 mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmemmmmm 0 mmmmmmmmmmmmmmmmmmmmmmmmmmm~mmmmm mmmmmm ...... mm mmm WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" T,D RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) 4.-(~ 5. 6. 7. 8. 9. NATURE / PRINT NAME ADDRESS , .... 1. mmm mmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm 2m mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm! 13. 4. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmNmmmmmmmmmmmmmmmmmm 15.- ........................... 6m mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 17. 18. 9. mmmmmmmmmmmmmmmmmmmmmmmmmm 20.- ..................... WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIA'L'' FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS- + THE JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE ,. 2. PRINT NAME ADDRESS m mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 5. m 7. 8. 9. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm! !0. 11. 12. 13. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 14. 15. 6m mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 17. 8 mmmmmmmmmemmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 19. 20. 2. 3. 4. 5. 6. 7. 8. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .1EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) ~ SIGIX~ATURE _. PRINT NAME ADDRESS ---~-~:--~-~---~-~,-~-~-~__~_~ .... -~ ~L~~. .... ~ ~ - ~ ............. ~_'~ ~2 ............... mmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm~mmmmm~mmmmmmmmmmm mmmmmmmmmmmmmmemmmmmmmmmmmmmmmmmmmmmmmmmmm,mmmmmmmmmmmmmmmmm 10. 11. 12. 13. 14. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm,.mmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmml~mmmmmmm 15. 16. 17. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm~,mmmmmmmmmmmmmmmmm mmm~mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm~,~mmmmmmmm~mmmmmmm 18. 19. 0 mmmmmmmmmmmmmmmmmmmmmmmmmmmmmlmmmmmmmmmmmm, mmmmmmmmmmmmmmmm · .January ;-_'[., 2003 "EXHIBIg.~ D" I have had the opportunity to participate in the subn ~iss Lc.n of' the application fo:~' a U:i;e on '! ot 9 ] Request, Conditional Use and site plan for 1~ Gatew'a:~' Plaza t() be located within the Quantum Park, PID. ~':~~~%h~xtards'(will be-tort. As a Registered Professional Engineer, it is my op', aion that) provided the improvements are built based upon the plans and specification~h :~v¢ been subrmtted, all Cit3~ of Boynton Beach Performance Standards will be met.~3y wa'~' of this example, I point out to. you that the elevations for the diesel fuel loading area will be significaatly lower than the western and southern portions of the site forming a barrie~ w ~th respect to noise. There i:s no proposed use of this site that would result in any x,ibrations beyond the property lines. As a convenience store with fuel options, smoke, dr st? dirt o: other particular matter levels wil~far below what other potential use:,; of tt~is site might produce. The proposed use does v~gt result in any heat, humidity or glar,~' that would go beyond the property lines. There is ¢0t electromagnetic interference gener ~tted by ~/~the proposed use~'~ Items such as toxic matters, fire and explosion, and h.azardc,us materials will be handled in accordance with all of the applicable rules and regulations :~nd with the latest safety equipment. Liquid waste and solid waste would be handled irt accordance with all the appropriate rules and regulations. The site would be servi,:ed bY~0~'Cie.i ~ and the proposed project would be on City of Boynton Beach sewer and water. -"~t me also comment that all ingress and egress to the site has been designed with all traffic safety standards in mind. By way of example, the diesel fuel layout was designed so that there is more than the required stacking distances and significant turn-around lanes ~l~there is no potential for backing out on any major artery by truck traffic. Ingress and egress to the City's public rights of way have been designed so as to meet all F.D.O.T. and City with respect to the site distances, curbing and width of entries. I believe that the system for dealing with traffic meets with all applicable traffic safety standards. QUANTUM January 21, 2003 'EXHIBIT January 21, 2003 City Commissioners - Boynton Beach c/o Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Conditional Use Approval for Lot 91, Quantum Park Dear Sirs: It has come to our attention that you will be considering an application for conditional use approvei for Lot 91 .in the Quantum-Corporate Park. The requested use is a convenience store with gas sales and accessory car wash in addition to a truck fueling facility. As you know, Quantum Limited Partners, Ltd., previously owned Lot 91 and sold the same for use as an ice rink. Furthermore, Quantum Limited Partners, Ltd., by assignment, poasess~ all rights to approval and consent of usage of the Declarant under the existing Declaration of Restrictive Covenants encumbering all of Quantum Corporate Park, including Lot 91. We send you this letter to strenuously object to. this uss.requestand to.advise you that wa do not consent to the same, and will continue to object to such use in any such approval request whether the same be before the City, the Quantum Park Property Owners' Association, Inc., the Quantum Community Development District or Quantum Limited Partners, Ltd., as Declarant. Approvals from all such entities are necessary to permit this use. Lot 91 is situated across from and adjacent to a previously approved residential community, which we believe clearly makes a use involving the sale of hazardous materials and an operation generating substantial traffic by large trucks to be totally inappropriate. Furthermore, as you know, across Gateway Boulevard, there already exists a gas station and 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 (561) 740-2447 · Fax: (561) 740-2429 e-mail: quantgrp@qgc.cc convenience store operation. To allow another such operation so close, to a residential community, we feel is totally and completely inappropriate. As we luwe discussed with your staff, the Commission has the ability and the right to reject this request and for the reasons stated herein and would ~be on very solid ground in such rejection. Therefore, we formally urge you to make the rational and reasonable decision to reject the pending conditional use approval request for Lot 91. Sincerely, QUANTUM LIMITED PARTNERS, LTD. a Plorida limited partnership BY: MFT Development, Inc.. a Florida corpo~afi(~n, as its general partn. BY' C:QLP/~ 91 E~xfied Us~ Approval.doc