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Stonehaven Homeowners AssnPROJECT NAME: APPLICANT'S AGENT: APPLI;CANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Stonehaven Homeowners Association Gerald Van-Gelder 1699 Stonehaven Drive Pf DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Apdl 3, 2001 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: 1699 Stonehaven Drive DRAWiNG(S): SEE EXHIBIT "A, B, C, D, and E' ATTACHED HERETO. REPLACED THIS MAT'rER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendatibn of the Planning and Development Boa~, whicfl Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city adtninistrafive staff and the pubiic 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. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicent'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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. : c C,e 3. -,u2 EXttIBIT "C' Conditions of Approval Projeot name: Stonehaven Homeowners Association File number: MPMD 00-007 difioafion. Fife # MPMD 00-007 with INCLUDE DBPAt2.Tlv~NTS PUBLIC WORKS-6BNERAL ~tm~¢ woa~s-~c 1. ~S~ ~o ~ffie-~d justification for the clos~e of S~ve~ X ~d~,pro~d~ By ~e a~lie~t heIud~ es~te~but ~ot do~me~, ~f~ ~ b~s ~ffi¢). 8~ is of ~e option ~t ~ compl~ o~ ~m ~oad;~om Woolb~ to Boston Beach Boulev~d ~11 ~o~de momars ~of b~s~e on St~e~ven ~11 likely decrease h ~e 2. }~y, st~f ~ ~t l~al resid~ts ~ ~e St~haven PI~ X :U~t ~veiopmmt wo~d be most i~aeted by my mad elo~e on ,s~o~e~ ~o~ of ~ ,~1. ~,fo~,, ~ ~a~ to ~ :im~ ¢los~e} i~ ~ i~five ~t s~ong tonsures ~om resxd~ m ~e ~gle~ mulfi-~ly developm~ is ~e~ ~e applie~t ~o~e s~ey re~ showing ~* ~jofi~ ofbe~ ramifies ;~ose~ e~sme. D~ ~o~d ~elude ~ mhd~ts ~d pr~ o~s, ~t0tat m~mher, of those p~cip,~ng in sm-~/~ition, ~ 3. 2~ ad~fion m vehicul~ ~affic is~s, ~e ~oposed clos~ of Stonehav~ X ;would el~inate ped~ md bicycle ~e ~ well Shoed 'hvombly eomider a ro~ elos~e for ~o~ ~elated to ~e con, oh ~ublie Wo~ s~f su~ests ~t pefles~ ~cess be m~ned md ~e 4. ~S~ a~ehed ~e~ comm~m, X ~mlTm8 ~ X ~mts: NO~ 5. ~t a~eafion n~ to be pmeess~ ~ou~ ~e Ufiliw D~ent ~ X '~s~e ~at no mt~ ~d sew~ systm components ~ be affe~ed. F~ Co~: NO~ X Condiliom of Approval Stonehavem Homeown~s Assec.doc 03/28/01 DEPARTMENTS I I~CLUDE IRE3ECT 6, The Fire Rescue Department approval of the corresponding perm{t X application will not be considered until Knuth Road is complete and access from the south is acoepl~b~e. BBCC 9-2IF. POLICE X Comments: NONE ENGINEERING DIVISION Comments: NONE X B Dr o R E PLACE D 7. At time of permi~ review, submit si~ed and sealed working drawings of X the proposed cormtraction. 8. Add to ail plan view dmwinga of the site a labeled symbol that r~prescmts X ~the location and perimeter of the limits of consln~cfion proposed with the subject request. PARKS AND RECKEATION C~nrnm ents: I~ONE X FOKESTE1UENVIKONM~NTALIST Comments: ~TO~]E X PLANNING AND zeN-lNG Comments: 9. Kear closure shall consist of an operating gate accessible to both X cO?~nm~ lnitieS. ADPlTIONAL PLA~¥NINO AND ZONINO BOARD COiVJiViBi',~S 1~. Commits: NOI~TB X ADDITIONAL CITY COlVIMISSION COMlVIBI',~S 1 t. To be d~t~ned. X DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Memorandum PZ 01-272 TO: FROM: DATE: Stonehaven Homeowners Association File Michael Rumpf December 12, 2001 The Condition of Approval dated December 3, 2000 which went to the City Commission Board Meeting dated April 3, 2001, under "City Commission", should read: "Only condition of approval is with the imitation that Knuth Road be opened prior to closing entrance". S:\PLANNING,S ARED,/AP,PR©JECTS STONEHAVEN HOMEOWNERS ASSOCIATION',MEMO (NEW),DOT Meeting Minutes Regular City. Commission Boynton Beach, Flodda -.. 5. Packaging Concepts Request for addition to an existing indi acres in Quantum Park .................. 6. Stonehaven Homeowners Reddest for a ........... ~ . _Ston~-~;~-FDrive, masonry wall At Commissioner Black's reques[, item V-D.6 was discussion. 7. Outpatient Clinic - 2401 Change Proposals ~, 9, 12, 18, 19, 20,: ~) which represen~ a net redu~ion in pmj Approve proposed ~mmuni~ Reinvestm, . for a flagpole at L~e League Pa~ and scr~ Approve ~e purchase of 13 da~ m~e~ .... - '-~;~ ~ Co~orafion in ~e amount ~ $31,005 thsuran~ Company for a ~ree-year te~ ~ Lo~fion is ~e sou~west ~mer of Boynton Bea~' Boulevard Pa~ Boulevard Motion Commissioner Black moved to approve the Consent Agenda as amended. Commissioner Ferguson seconded the motion that carded unanimously, V-B.4 Approve the piggyback of COLLIER COUNTY BID ft99-2927 to Insituform Technologies, Inc. for "SE'~/ER MAIN REHABILITATION" in the amount of $14,108. Vice Mayor Weiland wished to comment on this item and asked whether this was just to repair the actual line itself or if it included the contractor digging up the area to get to the line and restoring the pavement and area on completion? In a similar item in the backup it stated that the asphalt and concrete would be put back into place. Mark Law, Deputy Utilities Director, said this particular line was a rea~ easement sewer and that .the original failure in tl~ line had required an excavation and point repair. However, when they Apdl 3, 2001 The Insituform .methOd allowed the City to go from ~= of the pipe, basically creating a new pipe within the .Mayor Weilan~ '[~ngJe~:~{~c~d'~theilnsituform process. 'dimension of the liner?.-Mr. Law'said t~ smallest was six inches, but ines as large_as'_[~;en'~y,one.inches._MayorBroen!ng.asked about ~he thickness o.n the depth.of the pipe but typically they were ~ to % of ~,~:j~;-<-,~::i;:a_n inch thick. The outside of the old pipe is basically a form for the new pipe. " - Motion .... Vice Mayor Weiland moved to approve item V-B.4. : . .motion that Carried unanimously.. - Commissioner Ferguson seconded the Mayor Broening~asked' {o be allowed to remove another .item from the Consent Agenda for d sCussi0n, Item V-C.6, Proposed Resolution No. R01-63, 'Ratification of FOP Sergeants Contract. · ,.' ~:~ ~" '- ~ Motion c&mmissioner Fisher-moved to allow Item V-C.6 to be pulled for discussion. Commissioner Ferguson seconded the motion that carried unanimously. V-C.6 ' -Proposed Resolution No. R01-63 Re..Ratification of FOP Sergeants -' Contract - :;Joe Puleo,-'b'argaining agent for,the Police Sergeant's Union, sta~ed that affer~sevei'al hard ~:~"mon_~.s. 0f negotiating w th ~e City, they ha~ finally co~e to an agreement. He thanked ~e City "~'~'-~-~'~- Ma~a~er'~Attorney-;Jim 'Cherof and' Chief Irnmler for their efforts.' ~- He also -thanked 'the sergeants who acted in a professional manner and kept the City's best interests uppermost at -:._~-. -±£_.~all times: ~_-_- ........ :-:-_:---. -:_-:_~. :::~- -.:~Commlssloner Ferguson .moved to .approve Proposed Resolution No. R01-63, Ratification of FpP SeFgean~ Contract..Commissioner Fisher seconded the motion that camed unanimously. -- V-D.1 M & M Appliance - 9t$ North Federal Highway - Request relief from the City of Boynton Beach Land Development Regulations, Chapter - 2, Zoning, Section 11.H.16.d (12), to allow nine parking spaces in lieu " of the sixteen required by Code, a variance of seven spaces for a ~:.'-- --. retail business in a C-4 zoning district. :~;c0m~issioner Ferguson asked Commissioner Black if he would object to considering Item ':?:;:~-~:V.D.:4'at the same time?-Commissioner Black agreed to do s~. M & M Appliance - 915 North Federal Highway - Request for approval of site plan modification for a 1,196 square foot addition to an existing commercialbuilding on 0.25 act_es 7 Meeting Minutes' '- ' Regular Cit~ Commissi°n ' ' -' ·~, --, ' - ' !' '--: ~-~: - -. . .Boynt0n B~a~h, FI0dd, - - ' '-. ' - ' · i~ ' ', "~ '~.~,-:: ~ ' Apdl 3,'2001 - .' ' Co~-~er'Black knew ~e busmes~ and there wa~'never a lot of ~ffic ~ere.' He ha0 been :, there man,~,,ti~es and there we,re ,usually one or tW6' oth~ cars in,th'~ .'the ~c~m~ ~si~H ' had ~granted -. 0t' of buSin~: He said that well, had heel --:there for a long time,:and he'Watite~ to See the building to be used the building. He cannot do that appeared that the more for nine s was competing with giants like -with the location that he parking is concerned, That worked out to would mean that parking lot. Since this is a .for an addition to bis Id enhance the 'appea~anca of ..... :~ '--::-' was adding one .....~;, .::... local ties who an effective job of it y pro~/iding~ As far as the: -' ~past year. That the Motion Commissioner Fe?guson moved that the Commission approve both the 1.200-ft. warehouse (Item V-D.4) and the vadan~,e on the'parking ~pace requirement (item V-D.1). Commissioner Black secdnded the motion.- ' '-:~" : i ~' ' ' '" : ' " -' '~'' ' Commi~sJoqer Fishe{_WaS'~:o~ce~ne.~ be'caus~,.the~Commis~ion was waiting for the consultants to .come back With their Sturdy ;on the"Fed~'_al~.~High~:CoMdo'~, hoping that it would re~/itali~e that c0rddo~:i-~e J~'~ked'if ~arki~g ~t~Ji~-~uld be'J'~lu~le~'i~ fl~eir -r~p0~'t? '= Mike Rumpf,'Planning & Zoning- Dire~tor,-~stated that parking-re ated cond t ohs'might come out of the Federal Highway Corfid0i- stu'd~). The most' specific recommendation that they would -=-~' be following up .on would be a fee-in-lieu-of option for parking; He did knot know .at this time whether the,Study'recommendations would affect thiS'"p'~operty or not.~;ommissioner Fisher said he understood that them were no'plans for shared parking en the north'end, and that it was concentrated ~in the downtown"s~'d0n instead? zMr. Rumpf rep ed that' this was the case. ~'~ Commissioner Fisher asked if there were any op;tions for that kind df thing down the mad? Mr. Rumpf .-said '. when they had the recommendations, they would consider the optimal implementation of those recommendations. Commissioner Fisher posed a question for Attorney Cherof. He said that the Planning and Development Board voted 7-0 to deny these items, and Staff' did not recommend approval. If the Commission gave its approval, what would happen to the next person who came along and 'asked for a variance on Federal Highway and the Commission did not approve it?. Attorney said each case was viewed separate y but granting variances when no hardship exists leads to problems when future cases come forward and are denied. spoken to the owner and also the City Manager to see if there .-~_~. As of tonight, none had been found, but Staff had not had an ) with other options. Commissioner Fisher asked the other 8 April 3, 2001 Hig~y in the-long term and the possible repercussions of ..... that {he business owner could lease parking .spaces from a _neigh. biSdng~.biJSir~ess if-he-chose :to,do-so.-However,-he statad.that th s applicant was willing to ~.-----~- ii, vest'S100,000 'in 'h~ property along a Stretch of Federal 'Highway that s0rely ~eeded to be -' -redevel~ped.~The_b~ui_l_d~n_g he wanted to build was a warehouse' located behind the current buildi.n.g.' It~W0uld not g~herate ar~ mO~-~~n'-~-~-'~o~-:-?~-~:il~p-e~'~j~y-~:'~:~: ~k~ ......... are not going to be affected..There are three, public parkirlg spaces' along Federal Highway that he is entitled to use, which would.bri_ng his shOrtfall t0 3.5 spaces. Vice k,~ayor Weilan;:l believed that the City Commission should er~courage people who Wanted to mp~'ovetheir properties. In granting variances they were looking for hardship,, but two 'Weeks prior to this meeting the City .COmmission grante~ a ~arian ~ce~When a projec~ could have be~n d~ne a differen~ way and achieved the same ~results. The variance Was granted 4-1 - ' Mayor 'B~:0e.n'ing ~said ~hat"as' B~nj~i:ni~ Fran~lir~. sa/dF"t'oolish'consiStencY is the hobgoblin of :small r~ir~ds .' ~l'his w~s~a i3a~ng'~i~s~e in '~,hich :the ia~l~plicant Will n~t hav~':~S many parking -spaces. as the COde says he~sh.ould have for a business of that size. ':.With the ·amount of _business that was done sPread Out overa nir~e-h0ur d~y, the amount of traffic did not appear to be very ~eat. Because-ti-ie '-~V' ~ionstruction mpiaces an existing non:~ermitted s;a'~Jcture, which falls .to meet Code in sea, el'al ways, and e~hances a business, M~yor Bmening was struggling to find the.spnse in de_nying a vadbnce'in this case. He knew that the Commission did not have the 'results of thelFederal Highway S~y Co.der yet but he Was r~ot sure that this should be tak~'int(J ~nsidera~,J0n~ ~is POint w~at :~J)bhted was lhat'the b'usiness had been there for'~J' l~ng ti~"~'~l a 'needed a'Itemative servic~ fo~"tho~e';3("US Who like to shop Boynton and ~sh0p !n small plac~s ti3 get th~. kind of personaJi~d ser~ ~,~ that M & M .-._ Dee Zibel!i, .,~140 Ocean Parkway, said she had been to their store many times but did not know - ::~" :':i ': ;[--{h&i'n ~OAIly?::She found that th'iS family-owned business had been n the same locat on for ' ~ .apprOXimately fcurtaeh Years. 5She said she had never seen the park ng 0t fu Peep e shop ".' ':~-there 'b~a~se they'kn~w' they ~vitl get top-line merchand se for ess than other stoi;es' in the 'area. ~The'pn_'ces a~'e sometimes $300 to $400 less than the larger stores and they deliver within a day. They need the expansion for covered storage as opposed to outside storage and not for retail expansion, Their beautification of ~he site plan is to be commended and will enhance Federal Highway. Ms. Zibelli asked the COmmissioners to give consideration to the work ethic of the small businessperson in this City and grant the applicant's requests. Mike Morakis, Owner, M & M Appliance, stated that their average sale was $242 and they prOcessed about 12.2 invoices Pe[ day. They were open nine hours a day and that was 1.36 customers per hour. They had an 8.5 out of 10 closing ratio that was much higher than places like Sears. They spend about $40,000 in advertising each year. He said he would love to tell -' .the comn:iission that a customer"c0~ld hardly find a place to park in his lot but that was not the i~ -~: .- case. He said they were a family buSiness,-they already had the space to bud and on y wanted ;~F:'~7-- ~;;.'~o r~-bulld and do it in a better way. -Hethanked the Commission for their consideration of their ~ .;i. ' ~ requests- . Meeting Minutes Regular City Commission Boynton Beach, Flodda April 3, 2001 The motion passed 5-0. .. :.--. : V-D.6 Stoneh~ven Homeowners Association. ~aven Drive - Request for a master plan modification to Include the closure of . :- ?_ ~.~:~2 .... : Stonehaven Drive;-theinstallation'of gates :at proje~.t entrance and .:- ' - ~ trying for over ten years to head _towards privatization;-.~based on. experiences, within their c~m~nunity of destruction ~f' pdvate'.pr61~erty ~nd ex~es~iv~ Speeding."A recent traffic and speeding study was performed b~) th~.pul~ icy 0rks Dep~rtment cJfthe City ~d the results, they felt supported .their intenti°n to C ~e~.~(~ff ;the !~them end"6f Stoneha~/en Ddve by the Lake Worth Dra nage Cana!#25.~'~riCluded-in~the~( ~ure.Wo~ld be'tw~lev~n-~oot swing gate~ with a chain and two locks v~it~ ~n~-'~ the !o~:l~r ~'~ I~0. ox 10~k'foi:'Ei~e~D~artrhent access should the main entrance npt I~e' availa~ e..~e~/;iJb~ ,~._t.~f~l~s~e~ that'this~will b~ a ~3r°blem, especially with the comple~ti0h.(~f Kr~th Road, ~!~.~_i[!i~ ~i~~ the '~ii~ DejJ'~{~e~t'with a s~{cond means of ingress and eg~es's: ..~:;i'~!~ ~77!**'~:'.;~?~~': -'-.-- :: not believe that a majodty of the It wes the road closure. The Stonehaven garnered 135 The City had also and Mr. t demonstra{ed full Van Mr. Van Geld~r brought [li~'-c~oi~in~';bff 'stor{~hav~Ti -Ddve They went out ant visited 26 in andone way means of ingress or egress. He would have an alternate ) the lock that was wanted to protect Mr. Van Gelder remarked that since the PUD had been formed, it had been split in two parts, and at some point the developer realiZ~d ~t~mbitirfah~ily and residential families did not normally exist ~°gether under a HOA. w,.al!s h,a_v~ been put in place to define the boundaries. With the approval and completion of the.. B4J~ s. p?,oje~, the wall~ will continue around their property ttfat will' prOvide complete clOSi~-e With~e.exCeption of this gate. At some point in time, on the .completion of KnuthRoad~ ~,ey would'consi~Jer putting an entrance on Knuth and Stonehaven by a three-party agreement back in 1986. They be ieved they had done everythin, g possible to document their case, substantiate their position, and comPly with 'the City's concerns;. He asked that they be allowed to continue with their pdvatization and install the gates with no conditions attached. Comm ss oner B ack asked Mr Rumpf if he had an 'estimated completion date for Knuth Road? Mr. Rumpf did not have that answer at this time. t Was st~] under construction. Commissioner l0 Meeting Minutes Regular City Commission Boynton Beach, Flodda April 3, 2001 Black sympathized with the residents and stated that if the project were given approval, the City should ask the County for a traffic study on their non-signaled intersection. Commissioner Ferguson remarked on the many communities having one ingress and egress, incuding the Intracoasta[ .c9.m_.m.~u_ni_t. ie_s, C~a~stal Towers, Sterling Village, Snug Harbor, Hampsh re Gardens, and Harbor Estates to n,~rde a few.' ............... Motion Commissioner Ferguson moved to approve :Item ¥-D.6 with the only limitation that be opened first. CQmmissi0ner FiSher seCOnded the motion. Vice Mayor Weiland mentioned the Knox lock at the proposed gate and questioned why they did not use some type of electronic access that would be more convenient?. Mr. Van Gelder stated that the expense of an electronic system was prohibitive at this time. He said that the Knox lock was standard equipment for the Fire Department' and that_j_t wa.s._~us_ .ed_~r_o_ughout the City. He said it did require a fireman to get out.of the vehicle, but those keys are mounted oh the dash of the fire truck and withir~_30 to 45 seconds, the lock can be opened. Vice Mayor Weiland thought that having to get out of a vehicle to open a lock could be an officer safety issue if an officer had to chase isomeone who had jumped over the fence. Mr. Van Gelder deferred to the police officers that we.r?, in attendance to answer this concern. Police Chief Marshall Gage rESPonded that this matter had been sent. to the Police Department for review as.part of the normal admi~istrp, tive Process,-and the Police Department approved it. At the time the approval was granted; the~ had tO take into consideration access and officer safety issues. The single entrance'.would, limit Police access if they came from the other side; however, on r0utir~e e~tries, they would not be coming through that way. As far as officer safety was concerned, Chie~ Gag~ did not think it Was-an ~ue at all. Commissioner B!ack ~co~en,ted on Cqmmiss!qner Ferguson's condition of granting approval, the opening of Knuth R0ad~ and ~ked ' if ,that was acceptable-tdthe Stdnehaven' Homeowner's Assoclatior~? He wanted to make ,S~ure th?t E approval were granted, they would not go out the next day and erect the fence and ~apply the locks. Mr. Van Gelder said they were aware that Knuth Road woUld have to be comDlet~d before they could commence work on their projecL ' The motion passed un~r~i~usl~ ..~ VI. CITY MANAGER'S REP6RT 1. Report on Long-term Water Production Needs Bob Kenyon, Deputy Utilities Director, gave a PowerPoint presentation on the long-term water production needs of the City of Boynton Beach that was extremely well received by the Commissioners and audience. City Manager Bressner thanked Mr. Kenyon for the most incisive, informative presentation about a municipal water system that he had ever heard. The complete presentation is attached to these minutes and may be examined and copied in the City Clerk's office. l!