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Minutes 09-02-03MTNUTES OF THE REGULAR cTrY COMM1'SS1'ON MEL=I~NG HELD 1'N COMMTSSTON CHAMBERS~ CTrY HALL~ BOYNTON BEACH~ FLORZDA~ ON TUESDAY, SEPTEMBER 2, 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 James Cherof, City Attorney Janet Prainito, City Clerk OPEN'rNGS: A. Call to Order - Mayor Gerald BroenJng B. Tnvocation - Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:30 p.m. Dr. Rothstein offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner McCray. D. IF YOU WTSH TO ADDRESS THE COMMZ$$TON: · FZLL OUT THE APPROPRZATE RE(~UEST FORM · GZVE Tr TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENt'NGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODt'UM WHEN THE MAYOR CALLS YOUR NAME TNDZVZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MZNUTES. E. Agenda Approval: Additions, Deletions, Corrections requested that the following item be added to the agenda under Mayor Broening Administrative: Accept the resignation of James McMahon, Regular Member of the Recreation & Parks Board 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda as amended. seconded the motion that carried unanimously. Commissioner McCray Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida ~eptember 2, 2003 II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson said that over the past several years he has advocated a big league ballpark in Quantum Park. It does not appear that this will happen. There is a 52-acre privately owned parcel in Quantum Park. He suggested that this site might be partly suitable for the location of a Little League stadium. Commissioner McCray recognized the volunteers and staff who worked so diligently on Saturday during the Little League celebration. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. ist Public Hearing regarding Budget - September 4, 2003 at 6:00 p.m. Mayor Broening announced that the first Public Hearing regarding the budget will be held on September 4m. The second Public Hearing will be held on September 16m at 6:00 p.m. 2. Public Hearing regarding Fire Assessment - September 11, 2003 at 6:30 p.m. Mayor Broening announced the Public Hearing regarding the Fire Assessment. It will be held in the Commission Chambers. B. Community and Special Events: Motion C. Presentations: 1. Proclamations: None ADMINISTRATIVE: A. Accept the resignation of Jennifer Butler, Regular Member of the Planning and Development Board Vice Mayor Ferguson moved to accept the resignation of Jennifer Butler, Regular Member of the Planning & Development Board, The motion was seconded by Commissioner McCray and carried unanimously. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 A.1 Accept the resignation of ]ames McMahon, Regular Member of the Recreation & Parks Board - added to agenda (copy of resignation letter is attached to the original minutes on file in the City Clerk's Office) Motion Commissioner McCray moved to accept the resignation of.lames McMahon, Regular Member of the Recreation & Parks Board. Commissioner McKoy seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date TV McKoy Mayor Broening T Weiland !!T Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (2) Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) T Weiland Cemetery Board Alt 1 yr term to 4/04 Tabled (2) TI McCray Code Compliance Board Alt 1 yr term to 4/04 Mayor Broening Community Relations Board Alt 1 yr term to 4/04 Weiland Education Advisory Board Alt 1 yr term to 4/04 McCray Education Advisory Board Stu i yr term to 4/04 T Weiland Library Board Alt 1 yr term to 4/04 Tabled (3) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 TV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Planning & Development Board Reg 2 yr term to 4/04 Commissioner Weiland appointed Evelyn Geathers as a Regular Member of the Advisory Board on Children & Youth. Commissioner Weiland appointed Susan Morrison as an Alternate Member of the Cemetery Board. Commissioner Weiland appointed Floyd Beil as an Alternate Member of the Education Advisory Board. Mayor Broening appointed Robert Harper as an Alternate Member of the Community Relations Board. 3 Meeting Minutes Regular City Commission Meeting BoyntQn Beach, FIQrida September 2, Mayor Broening appointed .]ames McMahon as a Regular Member of the Planning & Development Board. M~ti~n Commissioner McCray moved to approve the appointments. the motion that carried unanimously. Commissioner Weiland seconded V. 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 August 18,2003 Regular City Commission Meeting of August 19, 2003 Special City Commission Meeting of August 26, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approval of three (3) year contract for the RFP #080-1610-03/.]A -"1TFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CI'I'Y OF BOYNTON BEACH" TO 3EFFERSON PILOT FINANCIAL of FORT LAUDERDALE, FLORIDA (Proposed Resolution No. RO3-151) C. Resolutions: Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tab/ed on 8/:[9/03- Request table to 9/:[6/03) Mayor Broening requested that item C.1 be pulled from the Consent Agenda. Proposed Resolution No. R03-152 Re: Interlocal Agreement with the Town of Lantana to provide for the construction and operation of water main interconnections Proposed Resolution No. R03-153 Re: Agreement for Water Service Outside the City Limits with Nestor Luiz Rivera for the property at 1228 Highview Road, Lantana, Florida (Lot 185, Ridge Grove Addition No. l) Proposed Resolution No. R03-154 Approval of contract with Randall L. Wolff, M.D. as the new provider of pre-employment physicals Meeting Minutes Regular City Commission Meeting BQyntPn Bei~ch, Florida September 2, 2003 for all employees and required annual physicals for police officers and firefighters Proposed Resolution No. R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Boynton Beach regarding the Municipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November 4, 2003 Commissioner McCray requested that item C.5 be pulled from the Consent Agenda. Proposed Resolution No. R03-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and the financing of various capital projects of the City Commissioner McCray requested that item C.6 be pulled from the Consent Agenda. D. Ratification of Planning & Development Board Action: Boynton Commerce Center (USAP 03-002), Southwest corner of T- 95 and Woolbright Road - Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 'B' of the Boynton Commerce Center East Coast Mechanical (ZNCV 03-007), 1500 High Ridge Road - Request for relief from Chapter 2, Zoning Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 Zoning District, to allow for a variance of 11 feet, and a front yard setback of 4 feet (}uantum Park Lot 3 (ZNCV 03-008), Lot 3 Quantum Park P.T.D. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district Winchester Commons (NWSP 03-012), Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard - Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in the C-3 zoning district St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8~ Street - Request for site plan approval for a one-story, 23,475 square foot church on 2.5 acre lot in the Ri-AA zoning district 5 Meeting Minutes Regular City Commission Meeting Bpynton Beach, Florida September 2, 200:3 Commissioner Weiland requested that item D.5 be pulled from the Consent Agenda. St. Gregory's Armenian Church (HTEX 03-005), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8t~ Street - Request for a height exception of 22 feet, 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the church spire to be 52' 8' high in lieu of the 30-foot maximum height allowed in the RI-AA zoning district E. Ratification of CRA Action: None Approval of request from the Good Shepherd Summer Camp for a donation of $2,000 from the Law Enforcement Trust Fund account Approve "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Mayor Broening requested that item G be pulled from the Consent Agenda. Allocation of use of Community Investment Funds for the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund in the following amounts: Commissioner Mack McCray $2,500 and Commissioner Carl McKoy $2,000 Approval of petition from George Rodriguez, .ir., representing Empire Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 .1. Approve 2003-2004 City Manager Objectives Commissioner McCray requested that item .1 be pulled from the Consent Agenda. Km Full release of surety covering the water and sewer systems for the project known as The Colony at Boynton Beach Acceptance of a replacement bond in the amount of $407,380 issued by TRG- Boynton Beach, Ltd. for the Boynton Marina Project and releasing the bond originally posted by AERC of Virginia, Inc. Reduction of the surety requirement to cover the water and sewer systems for the project known as Villas of Cypress Creek, accepting a cash surety of $1,333.15 for the remainder of the warranty period and returning letter of credit no. 2002061902 from Palm Beach County Bank to the developer 6 Meeting Minutes Regular City Commission Meeting B0yntQn Be~ch, Fl~)rida September 2, 2QQ~ Motion Vice Mayor Ferguson moved to approve the Consent Agenda as amended. McKoy seconded the motion that carried unanimously. Commissioner C,1, Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tabled on 8/19/03- Reque~Ft table to 9/16/03) This item remained on the table. Co5. Proposed Resolution No. R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Boynton Beach regarding the Municipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November 4, 2003 Commissioner McCray was in favor of this resolution. He wanted to ensure that this is advertised properly. M~ti~n Commissioner McCray moved to approve Proposed Resolution Ferguson seconded the motion that carried unanimously. No. R03-155. Vice Mayor C,6, Proposed Resolution No. R03-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and the financing of various capital projects of the City City Manager Bressner explained that staff has been monitoring interest rates and the interest rate for municipal bonds is dropping. To take advantage of that, staff requests that they be authorized to refinance the public service revenue bonds. The refinancing of the bond issue would be combined with the public service bond issue that will be coming later this year for the other public improvements (Greenways, Jaycee Park, SW Boynton Park & Community facility, Wilson Center replacement and the Wilson Center Park improvements). Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R03-156. McCray seconded the motion that carried unanimously. Commissioner D,5, St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8t~ Street - Request for site plan approval for a one-story, 23,475 square foot church on 2.5 acre lot in the R1-AA zoning district 3ean McNally, 128 NW 10th Court, stated that her house is on the west side approximately two houses down from the church property. She has been flooded twice. After the second time, the City put a berm on the west side to alleviate the flooding. She was extremely 7 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida SePtember 2, concerned regarding the possibility of flooding since the church property will be paved and there will be more water going into the drain. She requested that the project have proper drainage. Ed Breese, Principal Planner, noted that Ms. McNally spoke at the Planning & Development Board meeting. She raised some valid points. However, staff responded that prior to obtaining any permits, the applicant would have to submit full drainage plans showing how the water would be retained on site. They have already submitted preliminary drainage plans that have been reviewed and found to be adequate. He also said that the Planning & Development Board added a condition that a wall be constructed on the west side. Commissioner Weiland had a concern regarding drainage because the minutes of the Planning & Development Board meeting stated, "Hr. Johnson stated that they cannot guarantee 100% that property would not drain onto another property." Commissioner Weiland noted that there is an ordinance that requires property owners to retain their own stormwater or divert it away from the neighboring properties. Therefore, he felt that there should be a guarantee. Commissioner Weiland did not want to require the church to place a wall all around their property, but he felt that there should be something to protect all of the abutting residents from having headlights shining in their homes. He suggested a berm. He also wanted the pumps and lift stations handled in a way that they would not affect the neighboring communities. Jeff Livergood, Director of Public Works, explained that during the Planning & Development Board phase and the City Commission approval phase, they are looking at preliminary drainage plans. The final drainage plans are required at the building permit phase. The requirement from the Planning & Development Board to install a wall on the westerly property line significantly changes the drainage. He said that staff will have to carefully consider this when the final drainage plan is reviewed. Mr. Livergood explained that staff tries to evaluate developments so that they do not drain onto adjacent properties. On the preliminary drainage plan, they are accomplishing that for a vast majority of the property except, perhaps, for the perimeter 2 or 3 feet that may slope away from a parking lot. Tn general, the site drains to the center. There are also a number of exfiltration trenches that will store and hold water as well as a couple of detention basins. He is confident that the final drainage plan will be an improvement over what is there. He said that staff will review the wall or berm as it relates to drainage. Mayor Broening quoted from the minutes of the Planning & Development Board. "The Engineering Division has determined that the drainage is adequate and is recommending that specific drainage solutions be addressed at the time of permitting." He asked the applicant whether he agreed with all conditions imposed by staff and the Planning & Development Board. Dale Meaux~ APT Group~ representing the church, said that he had agreed at the Planning & Development Board meeting to place a wall on both the east and west sides along the residential properties. He again agreed to do this. Regarding the drainage, he pointed out that they are receiving water from neighboring properties now. They plan to direct the water and hold the water. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Fl~ri(Ja Seotember 2, 2003 Motion Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner Weiland seconded the motion that Approve "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Bob Brown asked whether the date would be published if the items are sold at a public auction. Diane Reese, Finance Director, explained that the last few times the cars were put on E-Bay and they found that is where they received the best prices. They either are put on E-Bay or they do an auction with another city. Motion Vice Mayor Ferguson moved to approve. carried unanimously. Motion was seconded by Commissioner McCray and .1. Approve 2003-2004 City Manager Objectives Commissioner McCray felt that this item should be City Manager/Commission Objectives. He questioned whether all the objectives could be completed within the time frame of one year. City Manager Bressner hoped that he could report back in a year that a substantial portion of these objectives had been completed. Some are multi-year projects and might be done in phases. Commissioner McCray asked whether it was anticipated that the Wilson Center and Wilson Park improvements would be completed within a year. City Manager Bressner said that he hoped to be well underway. In the case of the Wilson Center and Wilson Park improvements, funding has been arranged for them so there should not be any major impediments unless there is land acquisition involved. The 3aycee Park project is subject to the Florida Inland Navigation District agreeing to what the City is willing to offer them. Commissioner Weiland asked regarding a time frame for awarding the design work to a firm for item #21 (SW Community Center). City Manager Bressner said that he hoped to do that this Fall. Commissioner McCray explained that his concern was that he wanted to give the City Manager a large enough window to complete the objectives. Motiipn Commissioner McCray moved to approve the 2003-2004 City Manager/Commission objectives. Commissioner McKoy seconded the motion that carried unanimously. 9 Meeting Minutes Regular City Commission Meeting BQyntpn Beach, Flprid~ Seotember 2, VI. CODE COMPLIANCE & LEGAL SETrLEMENTS: Uphold the Code Compliance Board's decision to reduce the fine in Case #99- 2187 from $11,675.00, plus $730.15 in administrative costs to $1,750.15 Motion Vice Mayor Ferguson moved to uphold the Code Compliance Board decision. McCray seconded the motion that carried unanimously. Commissioner VII. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Alice Otis, 203 SW 13th Street, spoke regarding a recent newspaper article. She wanted to assure anyone who was concerned that she made no reference to this Commission or its actions in the interview preceding the article. Herb Suss said that the Boynton Little League team is at the Marlin Stadium tonight. He attended the parade for the team on Saturday and said the City should be proud of them. Mr. Suss gave good marks to Attorney Cherof, the City Clerk, the Public Works Department, the Police Department, the Fire Department, the Parks Department, the Secretaries in the City Clerk's Office and the two Assistant City Managers. There is a wealth of talent in the City and he applauded all City workers. Caneste Succe thanked the Chief and the Commission for their concern. There are over 14,000 Haitian people living in the City. They realize that they must become more involved with the system and they will. He said there are many teenagers in the community that need help. He requested help at the Wilson Center for kids after school. Bob Brown said that some of his neighbors near the Intracoastal Waterway were getting concerned regarding the fill that has been there for approximately six months. He said he was stuck in a bureaucracy and will be meeting with the head of the Army Corps of Engineers to get things moving. VIII. PUBLIC HEARING: 7:00 P.t4. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) (POSTPONMEIVT RE@UESTED BY APPI..ECAIVT) Winston Lee, Winston Lee & Associates, Inc. Nyrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID City Attorney Cherof swore in everyone who would be testifying. 10 Meeting Minutes Regular City Commission Meeting B~yntQn Beach, FIQridi~ :~eptember 2, 2003 Ed Breese, Principal Planner, explained that this project is immediately south of the Lowe's Center. The applicant intends to vacate the southern portion of the existing 65' ingress/egress and utility easement to facilitate the development of an industrial project. This will not reduce the driveway width but simply remove the easement that runs along the side of it. Once this easement is vacated, it will be used for parking and a new 6' wide utility easement will be dedicated to BellSouth for their underground conduit. He said that only the Engineering Division had comments. Mayor Broening asked whether the applicant agreed to the conditions imposed by staff. .loni Brinkman, Winston Lee & Associates, agreed to all of the conditions. Motion Commissioner McCray moved to approve. carried unanimously. Commissioner Weiland seconded the motion that Project: Agent: Owner: Location: Description: Arby's (COUS 03-004) Robert Basehart, Basehart Consulting, Inc. Schiappa Foods Corporation, Inc. South side of Old Boynton Road immediately west of entrance to Wal-Mart Supercenter Request for site plan/conditional use approval for a 3,094 square foot fast food restaurant with a drive-through facility City Attorney Cherof swore in everyone who would be testifying. Ed Breese, Principal Planner, presented the project. He explained that north of this project is the Old Boynton Road right-of-way, to the south is the Wal-Mart Supercenter, to the east is the main access drive into Wal-Mart and to the west is the Quarterdeck Restaurant. This parcel is the last vacant parcel within the Wal-Mart Supercenter. The reason for the conditional use is the drive-through facility. Staff looked very closely at this drive-through facility with a concern of how it would look from Old Boynton Road. The applicant proposes to heavily landscape the corner at the entry drive as well as have a driveway island along the drive-through that will be heavily planted. Mayor Broening asked whether the applicant agreed to the conditions. The applicant agreed to all the conditions. MotiQn Commissioner McCray moved to approve. and carried unanimously. The motion was seconded by Commissioner McKoy ZX. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on $/20/03.) 11 Meeting Minutes Regular City Commission Meeting BQynt~n BePch, Flpridp September 2, 2003 This item remained on the table. X. FUTURE AGENDA ITEMS: A. Follow-up Meeting with CRA on Development Issues (September 2003) B. 2nd Public Hearing regarding Budget (September 16, 2003) Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 16, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 X~. NEW BUSZNESS: Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on 8/$/03 - Request table to 9/16/03) This item remained on the table. XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article III of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal City Attorney Cherof read Proposed Ordinance No. 03-040 by title only. 12 Meeting Minutes Regular City Commission Meeting Boynton Be~ch, FIQrid~ September 2, 2003 Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-040. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously, Proposed Ordinance No. 03-041 Re: Annexation of a ±9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-041 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-041. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-042 Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-042 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-042, Vice Mayor Ferguson seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously, Proposed Ordinance No. 03-043 Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-043 by title only. MotiQn Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-043. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-O44 Re: Abandonment of an existing ingress/egress easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-044 by title only. 13 Meeting Minutes Regular City Commission Meeting Boynt~n Beach, Fl~rid~ Seotember 2, 2003 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-044. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-045 Re: Abandonment of a Florida Power and Light easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-045 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-045. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-046 Re: Abandonment of a portion of a utility (water) easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-046 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance McKoy seconded the motion. City Clerk Prainito called the unanimously. No. 03-046. Commissioner roll and the motion carried Proposed Ordinance No. 03-047 Personnel Policy Manual Re: Revisions to the City Attorney Cherof read Proposed Ordinance No. 03-047 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 03-047. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~ Reading Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4..] limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies City Attorney Cherof read Proposed Ordinance No. 03-048 by title only. Ed Breese, Principal Planner, explained that the philosophy behind this proposed change is to remain consistent with other regulatory bodies. The second reason is to ensure that when two 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida ~;el~tember 2, 2003 neighbors have docks extending out into the waterway, there is adequate right-of-way to navigate. He explained that there are three categories. Legal Non-conforming Docks/Marine Facilities - facilities that were previously permitted to be up to the maximum of 33% of the canal width. These facilities would be able to remain and be maintained. They would not be able to increase in size. · Newly Permitted Docks - would be allowed to encroach no more than 25%. · Unpermitted Docks/Marine Facilities - they would need to meet all permitting requirements and encroach no more than 25%, Commissioner Weiland asked how many are unpermitted. Mr. Breese said he did not know whether the Building Department had this figure. They looked at the last ten that came in for dock permits and they all met the requirements of the proposed ordinance. Commissioner Weiland asked whether there would be inspections a~er the second reading of the ordinance to determine whether there are unpermitted, illegal docks. City Manager Bressner said that staff could give the Commission this information before the second reading. Vice Mayor Ferguson felt that the Commission needed to know how many unpermitted docks there are, He asked over what period of time the ten dock permits were issued. Mr, Breese replied that they were over the past five years, City Manager Bressner stated that staff would prepare an inventory of what is out there because the issue of unpermitted docks is potentially an area of follow-up enforcement for the City. He said that now the City's regulations are not consistent with the DEP and the Corps of Engineers. City Manager Bressner asked whether the Commission wanted to approve this ordinance on first reading and have staff prepare a report for them or table the item. Commissioner McCray asked whether there was an urgency for this ordinance. City Manager Bressner said there was not. He explained that this was a result of an encroachment problem with a dock that existed for many years, City Attorney Cherof noted that it would be beneficial to have this ordinance in place before the end of the hurricane season, The consensus of the Commission was that this item should be tabled. Motion Vice Mayor Ferguson moved to table this item, Commissioner McCray seconded the motion that carried unanimously. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida September 2, 200~1 2. Proposed Ordinance No. 03-049 Re: Amending Chapter III Compensation of the Personnel Policy Manual by creating a new subsection 09 entitled "Travel Reimbursement" City Attorney Cherof read Proposed Ordinance No. 03-049 by title only. Commissioner Weiland felt that the allowance for meals was not adequate. He suggested increasing breakfast to $7 or $8, lunch to $12 and dinner to $20 or $22. Commissioner McCray asked whether Boynton Beach's allowances were similar to other communities. City Manager Bressner said that the City's allowances have not changed for years. He agreed with Commissioner Weiland that these figures should be updated. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-049 with the amendment that the meal allowance for breakfast would be $8, lunch $12, and dinner $20. Vice Mayor Ferguson seconded the motion. Commissioner Weiland suggested that item d would also need to be amended to read "total for twenty-four hour period, $40." Commissioner McCray amended his motion to include this wording and Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-050 Re: Amending Chapter TT Administration, by deleting Section 2-15 Per Diem and Travel Expense Schedule in its entirety City Attorney Cherof read Proposed Ordinance No. 03-050 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-050. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously, C. Resolutions: None D. Other: None XT~Z. UNFZNTSHED BUSTNESS: None 16 Meeting Minutes Regular City Commission Meeting BoyntQn Beach, FIQrida ~eptember 2, 2003 XZV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 7:39 p.m. A'I-FEST: ~ ~ 'Deputy City Clerk (9/3/03) CITY/0~/BOYNTON BEACH /~ayor . / Vice Mayo~r ,,7 co~ '~r~-' ~~~" ~ Commissioner 17 ~HIE,[T -- 9/:-)/0 3; City Commission i Mtg. J. R. 51 :~anor BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMEFr CARD AGENDA ITEMS Fm in the ~tion eoiled for below nd five to the City Clerk Telephone # ~:~ A~enda # Summiry ,to be - per card)_ city Ira Commbmlon with to any matter comddmd at /she br oush purpe#, b/due may treed to ensm that mini ediemm ulem'wldsh tho &pl~d is to bo bs~d. (~.IL 286.0108) #rglem m sdeomaty to f~ord an ~ with a disability an oqnel reverse side for important O BOYNTON BRACH CITY COMMISSION MEETING · ' PUBLIC COMMInTT CARD AGENDA ITEMS Fcommin themisdon~Me_e~~, oalled...for below and five to the City Cle~p~or to the start of the City Name -- Telephone # | / lienda # ¥ Summary of Matter to ~ Addressed - (O~topic per card) ir a petu~ doddm ~o appeal as~ by tho City Commimion with rupoct to any matter considered at thio merino, ho/she Will need a rooord ef tlm pee#dinp md, br sneh purlin#, ho/she nmy need to oneuro that a made, wldeh emmed Indudm tbs motimoa~ iud evldenee upu which the appeal is to bo bueL (~.e. 286.ol08) BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~i~ation called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone Summary of Matter to be~Addres~C~~~ '~( ~i~ *~ ~~ ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary 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, (561) 742-6013 at least twenty-four hours prior to the program 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 NameC°mmissi°n Meeting.~]~,/~ Address Telephone # Summary of Matter ~ be Addressed-~One topic per card} If a per~n decides to ap~al an~ec~ the Ci~ C mi n ith respect to any matter considered at this meeti~, he/she w~ need a record of the proceed~nd, for such p~se, he/she may need to ensue that a verbatim record of ~e proceeders is made, which record ~cludes ~e test~ony and e~dence upon which the appeal is to be based. {F.8. 286.0105) The Ci~ shah ~h approprhte a~ia~ ~ids and se~ees where neeessa~ to afford an ~di~d~l wi~ a d~abflity an equ~ BOYIT-TON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the infbrmation ~lled for below and ~lve to the City Clerk prior to the start of the City Name Addr-,,~,s , TelePhone # Summary of Matter be per op~~ ~o ~ CooteUo, (S61) your request. Commission with ~l~et t= eombiorod tt tiLLs mootinf, b/ab ~ (~.8. ~6.01~) ~nd~d ~ ~ ~. Hem ~n~ J~e be ~ db br J~~t me~e ~ BOYNTON BEACH CITY COMMISSION MEETING ~.( } PUBLIC COMMENT CARD ~~' FOR ITEMS NOT ON THE AGENDA - pU~ AUDIENCE Fill in the information called for below and give to the City~erk prior to the start of the City Commission Meeting. Name ~ Address ~ Telephone # Summary of Matter to be A~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at thi- meett-_% he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary 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 aoRtello. (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Fill in the information called Below and give to the Commission Meeting. Clerk Name the City Address Telephone # Summary of Matter to be {One If a person decides to appeal any decision r Commission with :t to any matter considered at this meeting, he/she will need a record of the proceedings purpose, he/she may need to that a verbatim record of the proceedings is made, which record includes the upon which the appeal is to (F.S. 286.0105! The City shall furnish appropriate and services where necessary 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 Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the Commission Name Address Telephone Agen Summary of Matter to be Addressed - per card) of the City If a pereo= decides to appeal an~ decision City Commission matter comidmd at ~ maotinf, ho/she ' will need a rerord of the lm~~ and, ~r pml~e, b/she may need to ensure tlmt a vorlm~ smmrd of th~ pr~din~ is made, which re, m~ includes th~ to~bzmuy and ~videm~ ulmn which th~ aplmal is to b~ ba~d. (F.I. The City shtll romish appml~tato aul~la~ aids / ~ wbre ~ to afford an imliv~ with · opportunity tO Im~tie/lmto in mini IIdOy tho bmMflt8 of a .m'vi~I, p~ or ~ cm~41~.ed b~ the City. ~ roi Joyce Crotello, (561) 743-6013 at Immt tlJUty.~our horn1 prior to tho peoilmn or aettvity in order for the city to reasonably mmommodate your request. See reverse side for important messqe DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF EtOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request use approval for various uses (see file) on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID · 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 Appli ~cant's application for relief is hereby ~X, 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 p~ and conditions of this order. made in accordance with the terms 7. Other DATED: 9- E- 0.3 S :\Plan ning\Shared\Wp\Projects\Boynton CommE ,.doc Clerk Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" R3 1 R1AA il PCD C3 N EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID (Development Department Memorandum No. PZ-98-283) Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and Upholstery Cleaning AUG 2 L Bo Manufacturing, including compounding, assembly, repair, or treatmem of articles or merchandise fi:om the following previously prepn.,~l materials: 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manufacturing requires environmemal review) Fiberglass Leather Textiles Yarn Uses listed under Section 8.A.l.a.(6), (7). (9). (10), (12-15), (lg) and (21'K Section $.A. 1.b.(!) & (3) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: W'mdow treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distn'bution Artificial flowers/plants wholesale and distn'bution Paper Plastics Metal (i.e. machine shop} Rubber Electri¢~ appliances, instrumeu~ devices~ and components Boat parts and equipment EXHIBIT "B" H Airplane parts and equipment Medical equ/pmem, instnunents, devices and components Fum/ture Precision instruments Engraving. printin~ and publishing Retail sales are allowed for goods listed under the sections specified in I.C.l. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, 0fup to 100% of sales, are allowed for goods listed under the sections specified in I.C. 1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A.l.e.(14). The, specific uses within the code sections 8.A.l.e.(2),.(3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located, in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. Operations Cemer- Requiring a mix of moderate warehouse and increased office Ult. 2. 3. 4. 5. 6. 7. Bank Operations Cemer Insurance Company Records Storage Oovernmem Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices ° PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Uses requiring Environmental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" RI or merchandise ~om the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, instnm~nts, devices, and components Auto parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing B. Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B desi?at, ed as industrial, which shall not be allowed retail sales. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly proht'bited: 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork Metal casting Welding shops Contractor's shops, storage, or track parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area desiotm?ted on Lot 3B as industrla[ which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2.B:.b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Boynton Corinth-ce Center PID Usc List Page 3 EXHIBIT "B" Zoning Regulations Parking Requirements: Warehouse, distn'bution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below), Manufacturing: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). to a maximum of 30% of the total gross floor area devoted to such .use. Offices associated with the principal use are permitted as an ancillary use with a maximum of~ 30% of the total gross floor area devoted to such use. o Office floor area which exceeds 25% 30°,4 of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be .utilized for Lot 3B are as follows: Retail: The potential retail square footage (up to 49°,4 of the gross ground floor square footage), shall require one (1) parking .~ace per two hundred (200) square feet. Blended Rat~: Warehouse, distribution, wholesale, showroom, and manufac .tm-ing uses shall have the_ option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. Me~'anine square foo_L~_~e shall be limited to warehouse uses and may. utilize a parking., calculation method 0f0ne (1) parking ~ ~r cie. bt hundred (800) square, feet or,ross floor grea. Operation.5 Center: One (1) parking space per three hundred (300) square feet ofgross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be ealcuhted based on the requirement for office use. Persolaai Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Coumset~ Center PIE) Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03-002 Reference: See Exhibit "B" - Bo' mton Commerce Center Use List Revision Re¢ test DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTII,1TIES Comments: None X 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: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP 03-009). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The Use Approval list shall be amended to also reference the environmental X review (ER) process, which may be required for the new uses. The applicability of the ER process shall be determined prior to the issuance of an occupation license for the following new uses: · Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater 2,000 square feet; · Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces; · Stone cutting and finishing; · Statuary, ornaments, and art goods; · Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns only by electricity or gas; · Investment casting; · Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials; · Medical and dental equipment; · Artist and craftsman shops, excluding retail display or sales on premises; · Electrical and electronic goods, limited to cutting and assembly of parts and materials; · Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5; · Furniture and antique upholstery, covering, and repairin~ 3. The required parking for businesses (on Lot 3B) that are engaged in retail / X commercial uses would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross floor area. 4. Staff recommends the following to the I.D.7 of the Boynton commerce X Center PID permitted uses: Outdoor storage of materials may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of the total square footage of the building site and that such storage is screened and fence to preclude exposure to the public. 5. The site plan for Lot 3 of the Boynton commerce Center PID (NWSP 03- X 009), shall be revised to label the eastern 51% of the building "industrial" and the western 49% of the building to be labeled as "retail", with the applicable square footage amounts depicted on the building footprint. 6. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to add the following notes: · Automobile, vehicle, and boat parts, accessories, furnishings, and supplies (8.A. 1 .c.(14)). shall be prohibited in the retail portion of the project; · The following uses shall be limited to a maximum square footage of DEPARTMENTS INCLUDE REJECT 10,000 square feet in the retail portion of the project: Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools and supplies (8.A.l.c.(2)); Household goods (8.A. ! .c.(3)); and furniture; · No retail sales shall be allowed in the portion of the project designated as "industrial". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 7. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~[~ ~r~' 8. To be determined. ELJ S:\Planning\Shared\Wp~rojects~Boynton Commerce Ct~USAP 03-002\COA. doc 42D Boynton Beach Code EXHIBIT "D" review shall be in writing and filed with the City Clerk within five (5) business days following issuance of the order. No development order shall be final until expiration of the five (5) day request for review period if no request for review is made, or the City Commission's disposition of the matter if a request for review is made. 8. The City Commission shall conduct a quasi-judicial review at a public hearing within 30 business days of the filing of the request for review. Following review, the City Commission shall: a. Approve the Development Order, or b. Modify the Development Order, or c. Deny the Development Order. The decision of the Commission shall be treated as final at the conclusion of the voice vote on the agenda item under consideration, notwithstanding later issuance of a written order. The minutes of the Commission meeting shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall be by Writ of Certiorari to the Circuit Court. 9. Expiration of approved plans. Approved Master Site Plans as described herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to the terms listed in Chapter 4, Section 5. (Ord. No. 96-51, 8 4, 1-21-97; Ord. No. 00-03, 88 I, 2, 3-21-00; Ord. No. 00-52, 8 1, 10-17-00; Ord. No. 02-017, 8 1, 4-16-02; Ord. No. 02-033, 88 3, 4, 8-20-02) Sec. 8. M-1 industrial district regulations and use provisions. A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section' 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: a. Manufacturing, fabrication, and processing as follows: (I) Bakery products. (2) Ice and dry ice. (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. including retail premises. (4) Sailmaking and canvas goods, sale of goods manufactured on (5) Leather cutting and stamping; fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two thousand (2,000) square feet. (7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. (8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. (9) Stone cutting and finishing. goods. (10) Statuary, ornaments, and art 2002 S-18 Zoning EXHIBIT "D" 42E (11) Glass and glass products. (12) Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (18) Medical and dental equipment. (19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (i) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on premises, unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and upholstery, covering, and repairing. antique (4) Steam and pressure cleaning services. 2001 S-15 Zoning EXHIBIT "D" (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services, excluding handling of materials prohibited in Section 8.A.5. (7) Lawn, garden, and tree maintenance services; landscaping contractors. (8) Recording and motion picture studios. (9) Catering and food services. (10) Data processing services. (11) Research and development laboratories. (12) Commercial testing laboratories. (13) Medical and dental laboratories. (14) Upholstery and carpet steam cleaning businesses. (15) Towing companies with exterior storage. (16) Vegetation recycling as a conditional use to a solid waste operating and recycling facility. c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A. 1., 8.A.2., or 8.A.3. (1) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 11.0 storagelockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. (2) Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert; storage, distribution, wholesale or retail sales. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. (8) Pre-fabricated sheds, including retail sale. (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. (10) Monuments and gravestones, including retail sales. (11) Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5. (12) Trucks, buses, farm equipment, construction machinery, and utility 1996 S-1 Boynton Beach Code EXHIBIT "D" trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach Code of Ordinances. (14) Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac-cessory use to repair, service, rebuilding, or instal-lation services, where such services lawfully exist. (15) Mobile homes, limited to areas west of Interstate 95. retail sales. (16) Ice and dry ice, including (17) Live fish. d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40 % of the floor space is devoted to office use. (Ord. No. 96-03, § 1, 3-19-96) e. Any commercial use which is not specifically listed as a permitted or conditional use in any other zoning district, and which is not listed as a prohibited use in the M-1 Zoning District. 2. Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Plastic products, limited to forming of plastics materials, including compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (2) Rubber products, limited to forming of rubber materials; excluding tire and innermbe manufacturing and rubber reclaiming. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. C 2000 S-14 EXHIBIT "D" Zoning 44A b. Other uses as follows: (1) Asphalt paving, patching, roof'mg, and sealcoating, excluding asphalt and tar plants. 2000 S-14 ' EXHIBIT "D" Zonln~ 45 (2) Building cleaning and janitorial services; swimming pool maintenance services. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Sandblasting on premises. (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use. (5) Trucking and transfer, and moving operations. (6) Contractors, operative builders, and trade contractors shops and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section 11 .M. 3. Uses requiring environmental review permit. Within an M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Dairy products. (2) Canned, frozen, or preserved (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood, and poultry products. (6) AIl other food products, not specifically permitted in Section 8.A. 1. or prohibited in Section 8.A.5. (7) Furniture, cabinets, and wood fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biological products. (10) Cosmetics. (I1) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (12) Rubber products, limited to forming of rubber materials, and excluding tire and innertube manufacturing and rubber reclaiming, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. repair, repair. (13) Fiberglass fabrication and including fiberglass boat fabrication and (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where 46 Boynton Beach Code EXHIBIT "D" such uses would be established within the minimum distance requirement specified in Section 8.A.2. (15) Electrical and electronic goods involving processes other than assembly of parts or materials. equipment, and machinery. (16) Vehicles, transportation boats; farm and construction (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (18) Plated ware manufacture; industrial electroplating and anodizing as either a principal or accessory use; replating shops. (19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services and contractors, as follows: (1) Concrete contractors and pumping service, excluding concrete plants. (2) Contractors, operative builders, and trade contractors shops and storage areas, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9, Article ITI, of the City of Boynton Beach Code of Ordinances, and excluding automobil~ service stations selling motor fuels at retail. (4) Boat storage, service, repair, rebuilding, and customizing. (5) Furniture cleaning, stripping, and refinishing. (6) Exterminating, fumigating, and disinfecting services. (7) Print shops, photographic laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting, and blueprinting services. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section 8.A.2. c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. (1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. d. Miscellaneous uses, as follows: Zoning EXHIBIT "D" 47 (i) Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. 5. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication, processing, and extraction as follows: (I) Grain and feed products; crop processing. (2) Vegetable fats and oils. (3) Distilling and brewing. (4) Seafood processing. (5) Slaughtering and rendering of meat and poultry processing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry. (7) Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skim. (11) Tobacco processing and tobacco products manufacturing. (12) Weaving, spinning, knitting, dyeing, or treating of textile mill products. (13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A.l.a.(8) of these zoning regulations. (14) Chemicals and allied products not specifically allowed elsewhere in this section. (15) Wood preserving, pressure treating, and drying. 2000 S-12 48 Boynton Beach Code EXHIBIT "D" (16) Fertilizer, pesticides, herbicides, and agricultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. coal products. (19) Petroleum, asphalt, tar, and (20) Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers. (21) Rubber, manufacture Of primary rubber materials, tires and innermbes, and rubber reclaiming. (22) Soaps, detergents, and cleaning preparations, other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A. 1.a. (25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A. 1., 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals. 2000 S- 12 (31) Coal or coke fired k/Ins and furnaces; coke ovens. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises. (33) Aerosol filling and packaging. (34) Liquid, oil, or chemical electric transformers, manufacture or rebuilding. b. Storage, distribution, wholesale, retail, and services, as follows: (1) Any retail display or sale, not specifically allowed elsewhere in this section. (2) Farmers' markets. (3) Flea markets, sales bazaars, swap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A. 1. (4) Crematoriums and the like. (5) Explosives, ammunition, matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to a lawful principal use. chemical pest, services. (10) Agricultural fertilizing, and disease, weed, or soil treatment EXHIBIT "D" Zoning 49 service stations. (Il) Truck stops or automobile (12) Boarding kennels; guard dog kennels and training services. (13) Any open storage or display, unless adequately screened, except that growing plants which are stored or displayed shall not require screening. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere in this section, and shall be adequately screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special mobile equipment as clef'meal by Section 316.003, Florida Statutes shall be adequately screened. c. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Chemical and toxic waste storage or disposal; tank truck cleaning. (2) Land fill operations. strips. (3) Airports, airfields, and landing (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere in this section. facilities. (7) Recycling sorting or processing (8) Animal disposal facilities. (9) Incinerators of any type. 6. Building and site regulations: Minimum lot area 10,000 square feet Minimum lot frontage None Minimum front yard 15 feet* Minimum side yard (interior) 15 feet one side Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet** Maximum lot coverage 60 percent Maximum height 45 feet, not to exceed 4 stories *Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet. All necessary roof-mounted mechanical equipment shall be sound baffled. 7. Off-street parking. As provided in Section 11.H. hereinafter. (Ord. No. 95-23, § I, 8-15-95; Ord. No. 95-24, {} 4, 8-15-95; Ord. No. 96-03, § 1, 3-19-96; Ord. No. 00-04, §§ 1, 2, 44-00; Ord. No. 00-34, § I, 7-18-00; Ord. No. 01-57, § 2, 11-20-01) Sec. 8.5. Overlay zones. A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with 2002 S-18 Repl. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: East Coast Mechanical APPLICANT'S AGENT: Chris Hair - Anderson Architecture, Inc. APPLICANT'S ADDRESS: 399 W. Camino Gardens Blvd. Suite 202, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. LOCATION OF PROPERTY: 1500 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. o andAll furtherconditionsdeVelopmentof this order,t~°n shall be made in accordance with the terms Other DATED: City Clerk J:\SHRDATA\Planning~SHARED~WF~FORM$\Blank$ forms folder~Develop.Or Ldoc EXHIBIT "D" Conditions of Approval Project name: East Coast Mechanical File number: ZNCV 03-007 Reference: DEPARTMENTS [NCLUDE 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 , ENGINEERLNG DMSION ~ Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval DEPARTMENTS 12,,rCLUDE REJECT ADDITIONAL PLAxNNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY CO1V~MISSION CONDITIONS Comments: ~ o ~, t:~llolsO To be determined. S:\Planning\Shared\Wp\Projects\East Coast Mechanical~NCV 03-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Quantum Park Lot 3 APPLICANT'S AGENT: Michael Rodriguez - Ruden McCIosky APPLICANT'S ADDRESS: 200 E. Broward Blvd. Suite 1500, Fort Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 7.H. 17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district. LOCATION OF PROPERTY: Lot 3 Quantum Park P.I.D. 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 basi~ 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 immediate~,J,tai;~,,,~issuance by the City Clerk. 6. All further development on the pr~pp~~l~-~de in accordance with the terms and conditions of this order. 7. Other DATED: q- ,~'" Clerk J:\SHRDATA\Planning\SHARED\WP~FORMS\Blanks forms folder~Develop. Order F~rm-2001*~vised.docTM Location Map Quantum Park Lot 3 EXHIBIT "A" Z L-21 CA C3 PI N '~ W~E S i/ .. ....... EXH BIT "B" PROPOSED SITE PLAN FOR: WEST QUANTUM PLAZA Quantum F~ark. Lot 5 Overall t~lantincj Plan EXHI BIT "B" EXHIBIT "B" NOT PLATTED ~ ~ o ~1 ~ ~ ~, ~ ', · 0 '~ -~ / ~ : ~:, ' Se~CI~ic ~U~¢~ SU~ vNr q ! F'l'? ~ ~ L ........... " CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION VARIANCE JUSTIFICATION STATEMENT IN RE: LOT 3, QUANTUM PARK AT BOYNTON BEACH P. LD., PLAT ONE I. BACKGROUND Bocar Properties, Inc. ("Petitioner") seeks a variance pursuant to Chapter 1.5, SeCtion 4.1 of the Land Development Code of Boynton Beach ("LDC") from Section 7.H. 17 of the Land Development Code to allow for the reduction of the "Peripheral Greenbelt" on the western property line of the property from twenty-five (25') feet to seven (7') feet in order to accommodate additional parking. Petitioner's property is located within the Quantum Park Planned Industrial District and is legally described as ("Property"): Lot 3, QUANTUM PARK AT BOY-NTON BEACH P.I.D., PLAT NO. l, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 57, Page 182. Petitioner seeks to construct additional parking to service the thirty-two (32) unit commercial office/;varehouse use on the Property. The commercial use of the Property has increased the proposed demand for parking and Petitioner intends to supply additional parking spaces to meet said demand. The only viable location for additional parking on the property is along the western boundary line where the "Peripheral Greenbelt" is currently located. Petitioner seeks to place twenty-five (25) parking spaces within the ;vestern property line and seeks a variance to reduce the ;vidth of the "Peripheral Greenbelt" from twenty-five (25') feet to seven (7') feet. FTL:105411.5:1 Variance Justification Statement b~ re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 june 19, 2003 Page 2 of 10 EXHIBIT "C" II. PREREQUISITES FOR VARIANCES Chapter 1.5, Section 4.1.D, LDC, provides for the Planning and Development Board to have the following powers: The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. The Planning and Development Board, in exercising the above referenced powers and duties shall grant a variance upon the following criteria, enumerated in Chapter 1.5, Section 4.1.D.1, LDC: a. 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. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. d. That literal interpretations of the provisions of the ordinance 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. e. That the variance g-ranted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The Property is located within the Planned Industrial District (PD). Section 7.H.17, LDC, provides as follows: Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of t~venty-five (25) feet except when such property FTL: 1054115:1 Variance Justification Statement b~ re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 dune 19, 2003 Page 3 of 10 EXHIBIT "C"' abuts a residential district such greenbelt shall have a mimmum ~vidth of forty (40) feet. The western peripheral greenbelt of the Quantum Park PID runs along the Petitioner's western property line. Petitioner is seeking a variance to reduce the width of the peripheral greenbelt to allow for the placement of additional parking in order to accommodate the expected increased demand due to the commercial use of the Property. The location of property in the western portion of the Property is the only feasible location for additional parking. Petitioner discussed the location of parking between the two commercial buildings within the "loading area." However, while the Planning and Zoning Division supported the location of parking in that area, the Engineering Department objected to said location. Allowing parking within the western portion of the Property is the minimum variance that would allow the Petitioners the reasonable use of the Property. A. 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. The Property is located on the western boundary of the Quantum Park P1D. The Property is bounded on the west by a commercial use ("Regal Boynton 8 Cinemas"), on the south by Quantum Boulevard, on the east by Lake Worth Drainage District Canal E-4 Canal, and on the north by Lake Worth Drainage District Canal L-21 and the Dos Lagos residential community. The western and northern property lines of the Property form the western boundary of the Quantum Park PID. The Property contains a twenty-five (25) feet peripheral greenbelt adjacent to the western property line and a forty (40) feet peripheral green belt adjacent to the northern property line. The site area is 4.075 acres, FTL: 1054115:1 Variance Justification Statement In re: Lot 3, Quantum Park at 8oynton Beach PID, Plat No. I June 19, 2003 Page 4 of 10 and the gross building area is proposed to be forty-six thousand six hundred sixty (46,660 s.f.) square feet of commercial office/warehouse uses. The Property is one of only three (3) nodes within the Quantum Park P.I.D. that is affected by the peripheral greenbelt on more than one property line. The requirement for a peripheral greenbelt along more than one property line, along with the added burden of being adjacent to a residential use on the north, provides a special condition that is peculiar to the Property within the PI]). B. That Special Conditions And Circumstances Do Not Restdt From The Actions Of The Applicant For The P'ariance. The topography and placement of property is not a self-inflicted or self-created hardship. With the peripheral greenbelt on two (2) sides of the Property, it is subject to set backs of twenty-five (25') feet and forty (40') feet on two (2) sides. These setback requirements limit building on the Property to a greater degree than other properties in the subdivision that are bounded located within the PID, or ~vith only one property line subject to the peripheral greenbelt. This added buffering limits the amount of open space in which to provide the additional parking that ~vill accommodate the expected demand due to the commercial use on the Property. The Court in Elwyn v. City of Miami, 113 So.2d 849 (Fla. App.1959) stated: The authorities seem uniform on the proposition that the difficulties or hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar that particular property, and not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally, and will not support a variance. The location and area of the buildings coupled with the existence of peripheral greenbelts on two (2) sides of the Property creating twenty-five (25') foot buffer on the western property line and a forty (40) foot buffer on the northern property line creates a EXHIBIT "C" FTL: 1054115:1 Variance Justification Statement ht re: Lot 3, Q, tantum Park at Boynton Beach P[D, Plat No. I June 19, 2003 Page 5 of I 0 unique hardship. The building area and commercial office/warehouse use with expected high demand for parking coupled with the location of the Property in relation to the total Quantum Park PID creates a unique hardship that justifies the granting of a variance. C. That Granting The Variance Requested Will Not Confer On The Applicant Any Special Privilege That Is Denied By This Section To Other Lands, Structures Or Buildings In The Same Zoning District. The granting of the variance requesting a reduction in the peripheral greenbelt will not confer upon Petitioner any special privilege denied by the LDC. Petitioner is seeking to increase the number of parking spaces on the Property to accommodate the expended demand created by the commercial office/warehouse use. It was suggested by Lusia Galav of the Planning and Zoning Division of the City of Boynton Beach that the additional parking be placed between the t~vo (2) buildings on the Property. However, the City's Engineering Division, in discussing the parking plan with the Petitioner, objected to the placement of parking between Building "A" and Building "B" on the Property. The only remaining available location for parking on the Property was along the western property line within the peripheral greenbelt. The placement of additional parking is not a special privilege denied by the LDC. The parameters of the Property, in conjunction with the required peripheral ~eenbelt limit the available open space for parking. Such a limitation results in the need for a variance to the peripheral greenbelt requirements to allow for the additional parking to be placed along the ~vestern portion of the Property. EXHIBIT "C" FTL: 1054115:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach P/D, Plat No. I June/9. 2003 Page 6 of I 0 EXHIBIT "C" D. That Literal Interpretations Of The Provisions Of The Ordinance Would Deprive The Applicant Of Rights Commonly Enjo.ved By Other Properties In The Same Zoning District Under The Terms Of The Ordinance And Would Work Unnecessary And Undue Hardship On The Applicant. The literal interpretation of the LDC would deprive the Petitioner of rights commonly enjoyed by other Properties within the PID. The Petitioner attempted to provide, additional parking at the Property by way of placing parking between Buildings "A" and "B". However, the City's Engineering Division objected to the placement of the parking in that location. In order to accommodate the expected increased demand for parking, the Petitioner is seeking a variance to allow for the placement of parking within the peripheral greenbelt along the western boundary of the Property. The increase in parking serves to accommodate the expected demand of parking for the commercial office/~varehouse use on the Property. The Property's size, combined with the additional buffer requirements along the western and northern boundaries, limit the available space on the Property for additional parking. The combination of increased buffer yards and the objection to the placement of parking between Building "A" and Building "B" has resulted in an unnecessary and undue hardship on the Petitioner. E. That The Variance Granted Is The Minimum Variance That Will Make Possible Reasonable Use Of The Land, Structure Or Building. The reduction of the twenty-five (25) foot peripheral greenbelt along the western boundary of the Property in order to accommodate additional parking is the minimum variance that will make reasonable use of the land. Lot 3 of the Quantum Park at Boynton Beach PID, Plat No. 1, is located on the westem edge of the Project. The Property is bounded on the west by the Regal Boynton 8 Cinemas and on the north by FTL:1054115:1 Variance dusti)qcation Statetnent ~ ' In re.- Lot 3, Quantum Park at Boynton Beach P[D, Plat No. 1 dune 19. 2003 Page 7 qf ! 0 Lake Worth Drainage District L-21 Canal and the Dos Lagos residential subdivision. Due to its location on the western bounds of the Project, the peripheral greenbelt for the Quantum Park PID is located on the Property's western and northern boundaries. This peripheral greenbelt has resulted in additional buffer yard requirements on the Property that most of the properties within the PID are not burdened by. The Petitioner seeks to provide additional parking to that mandated by the LDC. The additional parking is required to satisfy and accommodate the expected increased demand due to the Property's development as a commercial office/warehouse.~ The Petitioner initially, upon guidance from the City's Planning and Zoning Division, intended to place the additional parking between Building "A" and Building "B" on the Property. However, the Petitioner's discussion of the proposed additional parking with the City's Engineering Division resulted in their objection to said location. Parking is currently proposed along the pemneter of the Property, except for the western portion. Parking along portion is adjacent to the forty (40) foot peripheral greenbelt required to buffer the use from residential property. The only available location within the Property for additional parking was along the western boundary. In order for the additional parking to be placed on the Property, a variance is required to allow the peripheral greenbelt to be reduced to accommodate the parking spaces. The Petitioner intends to provide sufficient landscaping along the remaining portiorr of the peripheral greenbelt to sufficiently screen the Property from the adjacent use. The reduction of the peripheral greenbelt along the western boundary is the minimum variance that will make possible the reasonable use of the Property due to the abutting parking area for the Regal Boynton 8 Cinemas to the EX!--IiBIT "C" FTL: 105411.5:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 dune 19, 2003 Page 8 of I 0 EXi"-i! IT "C" west of the Property. The parking area for the two properties will be abutting, reducing any negative impacts to the public welfare. F. That The Grant Of The Variance I~ill Be In Harmony ~Fith The General Intent And Purpose Of This Chapter And That Such Variance Will Not Be Injurious To The Area Involved Or Be Otherwise Detrimental To The Public Welfare Allowing the Petitioner to reduce the width of the peripheral greenbelt on the western property line will be in harmony with the general intent and purpose of this Chapter and such variance will not be injurious to the area involved. The Property abuts the Regal Boynton 8 Cinemas on the xvest. The parking area of the cinemas directly abuts the Property on the west. Petitioner intends to supply sufficient landscape buffering within the remaining peripheral greenbelt to adequately buffer the additional parking to be provided on the Property from the cinema parking. Because the properties' parking areas will abut each other after the granting of the variance, the effect of the variance will not be injurious to the area involved or otherwise be detrimental to the public welfare. The additional parking provided will not affect the residential properties to the north, nor will the additional parking provided have a negative impact on the adjacent commercial uses that fall outside the boundaries of the Quantum Park PID. III. CONCLUSION Petitioner's request for a variance from the peripheral greenbelt of the Quantum Park at Boynton Beach PID, is necessitated by the expected increased demand for parking on the Property. The Property is on the western edge of the PID and the peripheral greenbelt for the PID is located along two (2) of its boundaries. The increased setback requirements, coupled with the expected increased demand for parking on a FTL: 10541.I $: I Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 9 of 10 commercial office/warehouse site, create a condition that necessitates the granting of a variance to allow for the reduction of the western peripheral greenbelt to accommodate additional park/ng. Petitioner's request meets the conditions enumerated by the LDC. The conditions and circumstances necessitating the variance are peculiar to the Property, the special conditions are not the result of actions on the part of the Petitioner, the granting of the variance will not confer any special privilege that is denied to other property owners, the literal interpretation of the LDC will deprive the Petitioner of rights commonly enjoyed by other owners, the variance granted is the minimum variance that will make possible the reasonable use of the Property, and the grant of the variance will be in harmony with the general intent and purpose of the LDC and that such a variance is not injurious to the area involved or detrimental to the public welfare. IV. 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. This petition will not be accepted unless signed according to the instructions below. Date EXHIBIT "C" RESPECTFULLY SUBMITTED, BOCAR PROPERTIES, INC. Robert l)urrow, Authorized Principal FTL:1054115:1 Variance Justification State,,,¢nt In re: Lot 3. Quantum Park at Boynton Beach PID, Plat No. 1 .h, ne 19, 2003 Page 10 of lO V. AUTHORIZATION OF AGENT RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. EXHIBIT "C" Si~~a ~riSgent Date We hereby designate the above-referenced firm as our authorized agent in regard to this petition. BOCAR PROPERTIES, INC. Signature of Authorized Principal Date FTL:1054115:l EXHIBIT "D" Conditions of Approval Project name: Quantum Park Lot 3 File number: ZNCV 03-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~ To be detem-dned. SSPlanning\Shared\Wp\Projects\Quantum Lot 3~ZNCV 03-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Winchester Commons APPLICANT'S AGENT: Mr. Chris Ralph, P.E. - Kimley-Horn & Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT:Site plan approval for the construction of a 21,600 square foot commercial plaza on 2.4 acres. LOCATION OF PROPERTY: Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard 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. 7. Other DATED: ~- 5- ~) ~ J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folde~Develo .~lerk Location Map Winchester Commons EXHIBIT "A" i _OLD BOYNTON , C3 ~C3 800 Feet I EXHIBIT "B" ~t iI q j:ll ii 1 _.F::_)<:HIBI t "~" I I I I I -- EXHIBIT "B" .] : I I I ~t I I I EXHIBIT "B" I I I l EXHIBIT "B" :lliliJli ~;l:!Lg! ,it!' Ii! Ii' tlllllr 'Ill; l lllli 'iff ~,,, I, ~ ,..,,,~I Exhibit "C" Conditions of Annroval Project name: Land Capital Group Boynton Beach, LLC File number: NWSP 03-012 Reference: 2~d t review plans identified as a New Site Plan with a August 5, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: 1. The Engineering Division has found the conceptual information to be X adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 2. Indicate within the site data the type of construction of the/each building as X defined in Chapter 6 of the 2001 FBC. 3. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 4. At time of permit review, provide a completed and executed City Of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of COA 08/25/03 2 DEPARTMENTS INCLUDE REJECT 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. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 7. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENTALIST Cormnents: 8. On the landscape plan, the applicant must indicate the existing trees that will X be preserved, relocated and / or removed / replaced on the site. Please use a separate symbol to identify these trees. At the time of permitting, a cross- section detail must be provided that illustrates how the proposed landscape buffers would effectively screen the parking lots adjacent to rights-of-way (Chapter 7.5, Article II Section 7.C.). 9. All newly installed trees listed on the Master Plant List must be listed in the X specifications as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) (Chapter 7.5, Article II, Section 5.C. 2.). 10. There is no irrigation system design included with the site plans (Chapter 7.5, X Article II Section SA.). 11. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 12. The Palm Beach County Traffic Division shall approve the traffic impact X analysis (Chapter 4. Section 8.F.). COA 08/25/03 3 DEPARTMENTS INCLUDE REJECT 13. The site plan should show supporting columns of the "bumped-out" X decorative tower proposed on the east comer of the building. 14. The landscape buffers along the rights-of-way (Boynton Beach Boulevard and X Winchester Park Boulevard) must contain a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species, which will function as a continuous hedge (Chapter 7.5, Article II, Section 5.D.). 15. The signature trees must have 6 feet of clear tnmk if placed within the safe- X sight triangle (Chapter 7.5, Article II, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 16. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 17. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.1.). 18. All signage is subject to review and approval of the Planning & Development X Board and City Commission. The elevations (sheet A3.1) shall indicate the location of the proposed wall signs, including their dimensions, sign type, and letter colors. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 3.C. 19. Staff recommends reducing the height of the proposed freestanding signs X from 20 feet to no more than 12 feet. 20. The freestanding signs must be located at lea. st 10 feet from the property lines X (Chapter 21, Article 1II, Section 5). 21. Staff recommends that the wall signage area be consistent with each other in X terms of their shapes and sizes. Staff recommends two (2) wall sign sizes. The applicant may choose the two sizes as long as cumulatively, it would not exceed the maximum wall sign area allowed per Chapter 21, Article IV, Section 3.C and is proportional or in scale with the facade. 22. Staff recommends that the roofing material on the decorative towers match X the S-tile roof of either ABC Fine Wine and Spirits, Applebee's, or Southtmst Bank. COA 08/27/03 3 DEPARTMENTS INCLUDE REJECT 13. The site plan should show supporting columns of the "bumped-out" X decorative tower proposed on the east corner of the building. 14. The landscape buffers along the rights-of-way (Boynton Beach Boulevard and X Winchester Park Boulevard) must contain a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species, which will function as a continuous hedge (Chapter 7.5, Article II, Section 5.D.). 15. The signature trees must have 6 feet of clear trunk if placed within the safe- X sight triangle (Chapter 7.5, Article II, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 16. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 17. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.1.). 18. All signage is subject to review and approval of the Planning & Development X Board and City Commission. The elevations (sheet A3.1) shall indicate the location of the proposed wall signs, including their dimensions, sign type, and letter colors. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 3.C. 19. Staff recommends reducing the height of the proposed freestanding signs X from 20 feet to no more than 12 feet. 20. The freestanding signs must be located at least 10 feet from the property lines X (Chapter 2 l, Article KI, Section 5). 21. Staff recommends that the wall signage area be consistent with each other in X terms of their shapes and sizes. Staff recommends two (2) wall sign sizes. The applicant may choose the two sizes as long as cumulatively, it would not exceed the maximum wall sign area allowed per Chapter 21, Article IV Section 3.C and is proportional or in scale with the fagade. 22. Staff recommends that the roofing material on the decorative towers match X the S-tile roof of either ABC Fine Wine and Spirits, Applebee's, or Southtrust Bank. COA 08/27/03 4 DEPARTMENTS INCLUDE REJECT 23. Staff recommends removing the two (2) billboards (pursuant to the Chapter X 21, Section 7 of the Land Development Regulations) and the barbed-wire fence. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 24. Replace condition #23 with the following requirement: The two existing X billboards shall be removed pursuant to Chapter 21, Section 7 of the Land Development Regulations, as well as the barbed-wire fence, as part of project development. 25. Replace Condition #19 with the following requirement: Staff recommends reducing the height of the proposed freestanding monument signs from 20 X feet to more than 12 feet. Also, the project address and project name should be included near the top of the sign. ADDITIONAL CITY COMMISSION COMMENTS: Comments: ~ 25. To be determined ELJ S:\Pla nning\Shared\W p\Projects\Winchester Commons\COA.doc DEVELOPMENT ORDER OF q'HE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · St. Gregory Armenian Apostolic Church APPLICANT'S AGENT: Mr. Dale Meaux, Architect- APl Group, Inc. E-no,. APPLICANT'S ADDRESS: 111 East Palmetto Park Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2Q03 TYPE OF RELIEF SOUGHT:Request site plan approval for the construction of a one (1) story, 23,475 square foot church (162 seats) LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, west of Northwest 8th Street 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. 7. Other DATED: q- E- S:\Planning\Shared\Wp\proJects\St. Gregory's arn'~nian Church\DO.doc ty Clerk Location Map Saint Gregory Armenian Church EXHIBIT "A" R3 REC 40O 400 Feet N ~I// ff IqlI II EXHIBIT "B" SAINT GREGORY ARMENIAN CHURCH COMMUNITY CENTER EXHIBIT "B" ¢1 . SAINT GREGORY ARMENIAN CHURCH EXHIBIT "B" EXHIBIT "B" r r~r r r r r r r r ~'f f f ~ 'r rtr L i I EXHIBIT "B" IH. Ill IIIIlli EXHIBIT "B" ! I! It till l' Ir EXHIBIT "B" ,I, ? 1 ! t EXHIBIT "B" LETTER 51"r1~. ro ~ "~'~ ~ ._ ~" FRONT ELEVATION ~ I COLOR L~END ~ ~, I ~ ' SIDE EL~A~ON MONUME~AL SIGN EL~A~ON APl GROU P, i N C. SA,m ~Y ~m~ OHUmH ~8T ~~ON ~OH ~L~ARD ~~ON ~AOH, ~IDA BOCA RATO~ - FLORIDA JJ4Jl EXHIBIT "C" Conditions of Approval Project name: St. Gregory's Armenian Church File number: NWSP 03-013 Reference: 3ra review plans identified as a New Site Plan with an August 12, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside X dimension including gates). (Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.). PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Provide a second water main tie-in (loop) to the water main on West Ocean X Drive. ENGINEERING DIVISION Comments: 3. City standards require at least one point of legal, positive outfall to convey all X stormwater discharge from the development. 4. Full drainage plans, including drainage calculations, in accordance with X Chapter 6, Article IV, Section 5 will be required at the time of permittinl~. 5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 6. Specify FDOT Type "D" curb rather than the modified proposed curb. X 7. In the "Typical Pavement Section" detail, specify the asphalt to be placed in X two lifts. 8. Northwest 1st is incorrectly shown as "Street" on the survey. Please correct to X Northwest 1st Avenue. FIRE COA 09/03/03 z DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUll. DING DIVISION Comments: 9. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Include light poles on sheet SPA-2. 10. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 11. At time of permit review, provide a completed and executed CBB Unity of X Title 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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. According to the CBBCPP 3C3.4, the City shall continue to encourage the X use of non-potable water for landscape irrigation. An alternate water source other than city water shall be utilized for the irrigation system. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at th6 time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING COA 09/03/03 3 DEPARTMENTS INCLUDE REJECT Comments: 15. Prior to the issuance of a building permit, the project must receive approval X from the Palm Beach County Traffic Division for the construction of a church and ancilla~ facilities for a total of 23,475 square feet. The above referenced buildin~ area would include the Phase III Indoor Athletic Courts. 16. Approval of the site plan is contingent upon the approval of the X accompanying request for a height exception (HTEX 03-005). 17. Prior to the issuance of a building permit, provide elevations of the indoor X athletic courts. Staff recommends that the exterior finish and building colors match that of the church building. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 18. The developer shall provide a C.B.S. wall four (4) feet - six (6) inches in X height along the west property line (abutting Leisureville). This wall shall be constructed prior to the issuance of a certificate of occupancy for Phase I. 19. The developer shall work with staff to relocate the irrigation pump away from X the southwest comer of the project and adjacent homes in Leisureville, possibly near the west fagade of the Phase III Indoor Recreation Court building. 20. Replace condition #2 with the following condition: Provide a second water X main tie-in (loop) to the water main on West Ocean Drive unless required otherwise by utility Department staff. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 21. The project is required to meet all applicable codes relative to retainage of all X storm water on-site. 22. Delete comment #18 and replace with comment #22. The developer shall X provide a C.B.S. wall four (4) feet - six (6) inches in eight along the east property line and the west property line (abutting Leisureville). This wall shall be constructed prior to the issuance of a certificate of occupancy for Phase I. MWR/elj S:\Planning\Shared\Wp\Projects\St. Gregory's Armenian Church\COA.doc DEVELOPMENT ORDER OP THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · St. Gregory Armenian Apostolic Church APPLICANT'S AGENT: Mr. Dale Meaux - APl Group, Incorporated APPLICANT'S ADDRESS: 111 East Palmetto Park Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: South of Boynton Beach Boulevard, west of Northwest 8ths Strret 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. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian ;lerk kdoc Location Map Saint Gregory Armenian Church EXHIBIT "A" R3 REC .Stp, L4S-T-AME- 400 400 Feet EXHIBIT "B" I I EXHIBIT "C" Conditions of Aimrova! Project name: St. Gregory's Armenian Apostolic Church File number: HTEX 03-005 Elevation drawi: with a June 18, 2003 date stare aarking. DEPARTMENTS [ INCLUDE REJECT PUBLIC WORKS Comments: None X UTII,ITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORE STERfENVIRONMENTA I ,IST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conm~ents: L~ ~ ~ 2. To be determined. S:~Planning~Share~WpXProjectsxSt. Gregory's Armenian Church~TI'EX 03-005xCOA doc DEVELOPMENT ORDER OF q'HE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arby's APPLICANT'S AGENT: Mr. Robert Basehart - Basehart Consulting, Incorporated APPLICANT'S ADDRESS: 333 Southern Boulevard, suite 200 West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 3,246 square foot fast- food restaurant with a drive through facility on 0.95 acres in the C-3 zoning district LOCATION OF PROPERTY: Lot 3 of Wal-Mart at Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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 X 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 )4' 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. DATED: S:\Planning\Shared\Wp\Projects~,RBY'S\DO.d the p be made in with the terms All further development on ~all accordance and conditions of this order./,~%o,~.O4~,N, Other __ ity Clerk Location Map ARBY'S EXHIBIT "A" PCD PCD Z ;o 800 Feet w ~ E S EXHIBIT "B" EXHIBIT "B" , ,[:[l!i::l [ ~1 .[;ill l:i j lip EXHIBIT "B" -~ ,, : ~': :-' ..... ~: ............ t ',Fx:-':'' ~ .'~ ~ '~ ; ~ ~ ~ !~ ~ - . .......... - '*~~~ ~,; ~!~, ~;~:~ Il i~ EXHIBIT "B" ,/ -( Z --t © o EXHIBIT "B" EXHIBIT "B" ,,,, ,,, ,.,,, :~ .]::lll,,. l,,i I Il , . ,,.,..,. J :1 Il ~t~:i~i": ! ,,,~ ll:m,:,:~:: :,,: : ', n__ : _ ,l,: l!~ l,,, i. :.:. :~,j ::Ill,:.,:: J ,:il il jlll ::I I:::,::: :!b:l!] ,Il: ~ , 1: . t ! 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C) ~ "" Il I,i,!l ~--.~r,., ' '[Jl l, ~ : ii ii' I Il ~ - ,,, ,, ,, ,, Il: :,.. :, '~ "l if ","" ,, !iii!. ~lll !" Il JII lJllJJJ Jlljl Ijl r i':~, '! ,... EXHIBIT "C" Conditions of Approval Project name: Arby's File number: COUS 03-004 Reference: 3ra review plan,q identified as a Conditional Use with an August 12, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. Indicate by note on the plans at time of permitting that the required gates for X the dumpster shall contain long steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the lockin~ rods. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~reater (CODE, Section 26-16~b)). Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. The lighting design shall provide a minimum average light level of one foot- X candle. As proposed, lighting levels are well in excess of this requirement. Glare that is readily perceptible at any point at or beyond the property on which the use is located is prohibited (Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (Chapter 9, Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Section 10.F.5). Staff recommends reducing the lighting levels to no more than 6 foot-candles. Please revise the photometric plan at the time of permitting. 5. On the photometric plan (sheet C-6), specify that the light poles shall X withstand a 140 MPH wind load (LDR, Chapter 23, Article 11, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (Chapter 23, Article II, Section A. 1.a.). On the lighting plan, include pole wind loading and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A of the Land Development Regulations. Lighting shall be directed away from any residential uses (Chapter 2, Section 4.N.7). 6. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). Either apply for a sidewalk waiver or add a sidewalk along the south property. 7. At the time of permitting, full drainage plans including drainage calculations X and site master drainage plan will be required in accordance with Chapter 6, Article IV, Section 5 of the Land Development Regulations. 8. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DIVISION Comments: 9. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 11. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 12. Grease interceptor shown on sheet C-4 shall be designed and constructed to X comply with Sections 1003.3 through 1003.5 of the 2001 FBC, Plumbing. DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 13. Fifty percent (50%) of site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet LA-1), separate the trees from the groundcover / shrubs. Show tabulations to document that at least 50% of landscape material is native. 14. The cross-section (sheet LA-3) representing the two (2) landscape berms is X inadequate to screen the drive-through feature. At the time of permitting, provide a more detailed cross-section of the two (2) proposed landscape berms, accurately showing their dimensions. The cross-section shall also include the following: plant spacing, plant specifications, and plant quantities. 15. The Old Boynton Road and contiguous Wal-Mart 72 foot wide driveway X access road right-of-way must receive sod and irrigation coverage (Chapter 7.5, Article II Sec. 5.C. 2). PLANNING AND ZONING Comments: 16. Ensure that all the proposed plant quantities correspond between the graphic X illustration and the plant list. 17. Obtain consent from Wal-Mart to install the landscape material along their X northern property line. 18. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article Il, Section 5.C.2.). 19. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 20. The north and east landscape buffer shall contain sufficient landscaping to X meet the intent of Chapter 7.5, Article II, Section 5.D and Chapter 9, Section 11 .H.4 through Chapter 9, Section ! 1 .H.7. At the time of permitting, the City Forester / Environmentalist will oversee and ensure compliance with the aforementioned code references. 21. The cross-section of the landscape buffer does not show the height of the X proposed plant material. At the time of permitting, submit a cross-section to the satisfaction of the City Forester / Environmentalist. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. Provide a detail of the monument sign, including the exterior finish, colors, X sign type, and dimensions. According to the Wal-Mart Center Master Plan Design Guidelines, the maximum allowable signage area on a monument sign is 48 square feet on each side. The sign may not encroach into the required front landscape buffer. In addition, clearly identify the site address at the top of the monument sign (Chapter 21, Article IV, Section 2.B.). 23. All project signage is subject to review and approval of the Planning & X Development Board. On the elevations, indicate the cumulative area of all wall signage to ensure that it complies with Chapter 21, Article 4, Section C.). In addition, indicate the letter colors and sign material. 24. Based upon the area of the proposed building, the restaurant would require 33 X spaces, not 32 as indicated in the site plan tabular data. At the time of permitting, correct the site plan tabular data to reflect the correct number of required parking spaces. Also, the label for each parking row should accurately reflect the number of proposed spaces within each row. 25. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to secure a building permit. 26. Collectively, the total wall signage area would have to comply with Chapter X 21, Article IV, Section 3.C. Staff recommends that the red Arby's wall signs (as shown on the colored rendering) be as close as possible (in color) to the "Chinese Red" in order to be more compatible with the awning and accent color. 27. In order to be more consistent with previously approved projects, staff X recommends restricting the monument sign to eight (8) feet in height and placing the address at the top of the structure. The letter color on the monument sign should match the wall sign letter color. Regardless, the structure must be setback at least 10 feet from all property lines (Chapter 21, Article 11I, Section 5). 28. Staff recommends using the same type of wall-mounted lighting fixtures that X was used on the Quarterdeck Restaurant. However, instead of green, the proposed wall-mounted lighting fixtures on the Arby's building should be either "Cookies in Cream" or "Powder White" in color. 29. Staff recommends that the two (2) awnings proposed over the drive-through X window and the faux window (as shown on sheet A-2) should be placed on the wall at the same height as the other proposed awnings. Also, these two (2) awnings should be the same dimension as the other awnings. This would help to camouflage the drive-through window. 30. Instead of red, staff recommends usin~ a softer color such as "Cookies in X DEPARTMENTS INCLUDE REJECT Cream" or "Powder White" for the metal coping at the top of the wall (as I shown on the colored rendering). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 31. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 32. To be determined. S :~lanningXS HARED\WP~ROJECTSX, ARBY'S\COA.doc