Loading...
HomeMy WebLinkAboutMinutes 03-16-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 16, 1999 AT 6:30 P.M. PRESENT Gerald Taylor, Mayor Henderson Tillman, Mayor Pro Tem Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order- Mayor Jerry Taylor Invocation - Reverend Dr. Marshall Cook- Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Mayor Pro Tem Henderson Tillman Mayor Taylor called the meeting to order at 6:31 p.m. Mayor Taylor announced that because of a misinterpretation of the Charter, Mayor Taylor believed that his service as Mayor ended last Friday. However, after further investigation, it was determined that he would remain in office until a duly elected person replaces him. Reverend Cook offered an invocation followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested that the new Commissioners be afforded an opportunity to make some comments under :[:II-Announcements & Presentations. Attorney Cherof requested the addition of an item under XI-D.1, "Request to set an Executive Session to discuss the collective bargaining agreements with the FOP and PBA". Commissioner Weiland requested that Items IV-E.1 and E.2 be pulled from the Consent Agenda for discussion. Commissioner Denahan requested that Item IV-C.9 be pulled from the Consent Agenda to allow the City Manager to expound on Mr. Rumpf's abilities. 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA Appointment To Be Made Board MARCH 16~ 1999 Length of Term Expiration Date IV Adv. Bd. On Children & Youth Stu/Reg I yr term to 4/99 TABLED-2 ! Adv. Bd. on Children & Youth Alt I yr term to 4/99 TV Bldg. Bd. Of Adjustment & AppealsAIt 1 yr term to 4/99 TABLED-2 III Code Compliance Board Alt 1 yr term to 9/99 TABLED'3 Mayor Cemetery Board Alt 1 yr term to 4/99 TABLED-3 II Community Relations Board Reg 3 yr term to 4/00 TABLED-3 IV Community Relations Board Reg 3 yr term to 4/00 TABLED-2 Mayor Community Relations Board Alt 1 yr term to 4/99 II Education Advisory Board Alt 1 yr term to 4/99 TABLED-2 Mayor Recreation & Parks Board Alt 1 yr term to 4/99 IV Recreation & Parks Board Alt 1 yr term to 4/99 TABLED-3 Motion Mayor Pro Tern Tillman moved to table all open appointments. seconded the motion that carried unanimously. Commissioner Denahan Mayor Taylor explained to the new Commissioners that they would have three opportunities to make an appointment that is assigned to each of them. After the third meeting, the appointment would be rotated to another Commissioner for appointment. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Comments by Commissioner William Sherman Commissioner Sherman thanked his supporters and expressed his feelings of honor and privilege to be able to serve the citizens of Boynton Beach. He vowed to work hard and try not to disappoint anyone. 2. Comments by Commissioner Weiland Commissioner Weiland thanked the voters of the City for giving him the opportunity to sit as part of the City Commission and put forth a positive influence. He thanked his family for working so hard to help him win the election. He vowed to work very hard for the City and its citizens. Mayor Taylor congratulated both of the new Commissioners on their victories. B. Presentations: 1. Proclamations: MEETZNG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORIDA t4ARCH 16~ 1999 a. Boynton's G.A.L.A. - March 19 - 21, 1999 Mayor Taylor read a Proclamation announcing March 19-21, 1999 as "Boynton's G.A.L.A." He presented the Proclamation to Melody Green, Recreation Superintendent. Ms. Green urged everyone to make an effort to thank staff for all of their work on this event. Presentation of annual financial report for fiscal year ended September 30, 1998, by Paul Bremer of Ernst & Young Paul Bremer reminded the Commissioners that the report was distributed last week. The report captured the City's history with respect to financial performance. The report includes the transmittal letter and the auditor's unqualified opinion on the City's financial position. The auditors also report on internal control and compliance. As written in the report, no weaknesses were discovered. Management letter comments are also included. Mr. Bremer advised that these are very important communications that should be reviewed to ensure compliance. Mr. Bremer said the audit went smoothly. Mr. Hawkins advised that the City has already begun to address many of the issues that were raised and a response to the comments would be forwarded. IV. CONSENT AGENDA: A. Minutes: City Commission Meeting of February 16, 1999 City Commission Meeting of March 2, 1999 City Commission Workshop of February 25, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Approval of Task Order 28B - Bid and Construction Phase to Ch2M Hill for rehabilitation of Lift Stations 316 and 319 in the amount of $76,680 Renewal of bid for "ANNUAL SUPPLY OF TOPDRESSTNG FOR THE MUNTCTPAL GOLF COURSE" to Florida Superior Sand, :[nc. with an estimated annual expenditure of $8,625 Approval of rehabilitation contractual services for Lift Station #708 with a piggy-back of Broward County Bid for EMERGENCY :[NSTALLAT:[ON AND M EE'I'~NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA MARCH 16~ 1999 REPAIR OF WATER AND SEWER SYSTEMS with W. Jackson & Sons Construction Co. in the amount of $35,680 Extension of bid for "CO-OP LIQUID CHLORINE, CALCIUM & SODIUM HYPOCHLORITE" for I additional year to Acme Utility Products, Inc, and Jones Chemicals, Inc,, with an estimated annual expenditure of $72,990, Approval of purchase of 1998 Ford Expedition equipped for law enforcement from Marine-1 for towing the new marine unit boat in the amount of $22,500. Award bid for "ANNUAL CONTRACT FOR SUMMER CAMP TRANSPORTATION SERVICES"to Quality Transport Services, Inc. in the amount of $275 per bus per day, with an estimated total cost for the Summer Day Camp Program at $10,725. (PROPOSED RESOLUTION NO. R99-32) Resolutions: Proposed Resolution No. R99-33 Re: Reduction in surety for the project known as Hampton Lakes from the current amount of $450,200, down to $25,000 Proposed Resolution No. R99-34 Re: Dedication of conservation easement to the South Florida Water Management District as required by permit for the downtown stormwater management system, Phase I. Proposed Resolution No. R99-35 Re: Replacement of $30,000 payment guaranty bond for signalization - Melear PUD Proposed Resolution No. R99-36 Re: Requesting the F.D.O.T. to transfer that portion of SR 804 right-of-way east of U.S. #1 for city purposes Proposed Resolution No. R99-37 Re: Service agreement for three PhysioControl cardiac monitor/defibrillators in the amount of $2,844. Proposed Resolution No. R99-38 Re: Two service agreements for yearly copy machine maintenance in Fire Department Proposed Resolution No. R99-39 Re: Consultant Agreement with LaRue Planning & Management Services, Inc. covering work and services for the Evaluation and Appraisal Report 4 MEETI'NG MTNUTES REGULAR CTTY COMM]:SSI'ON BOYNTON BEACH~ FLORTDA MARCH 16~ 1999 m Proposed Resolution No. R99-40 Re: Consultant Agreement with McMahon Associates, Inc. to provide certain services with regard to the shared parking analysis for the Downtown/Waterfront study area Proposed Resolution No. R99-41 Re: Confirming the appointment of Michael W. Rumpf as Director of Planning and Zoning for the City of Boynton Beach and authorizing the City IVlanager to execute an appointment contract on behalf of the City with Michael W. Rumpf Item IV-C.9 was removed from the Consent Agenda at Commissioner Denahan's request. D. Ratification of Planning & Development Board Action: None E. Ratification of Code Compliance Board action: Items IV-E.1 and 2 were removed for discussion. H. Motion Rescind the fine in Case #97-982 - 111 SE 14th Avenue (Alvin 3r. & Catherine Hauck). The fine totaled $9,175 plus $730.15 administrative costs. Reduction of fine in Case #96-2184 - 105 NE 14th Avenue (Oretha Isom), to $800 from $4,200 plus $826.18 administrative cost. Approval to transfer $8,000 from Law Enforcement Trust Fund to P.A.L. account to cover cost for basketball and baseball programs. Approval of bills over $10,000 Approving the list of pollworkers for the March 23, 1999 Run-off Election Mayor Pro Tem Tillman moved to approve the Consent Agenda with the exception of Ttems IV- C.9, IV-E.1 and IV-E.2. Commissioner Denahan seconded the motion that carried unanimously. CONSENT AGENDA ]:TEMS FOR DTSCUSSI'ON: IV-Cf9. Proposed Resolution No. R99-41 Re: Confirming the appointment of Michael W. Rumpf as Director of Planning and Zoning for the City of Boynton Beach and authorizing the City Manager to execute an appointment contract on behalf of the City with Michael W. Rumpf MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA MARCH 16, 1999 Mr. Hawkins advised that Mike Rumpf has demonstrated his skills and abilities as a Senior Planner with the City of Boynton Beach for 11 years. The timing is perfect to offer him the leadership opportunity that he deserves. Administration is looking forward to continued excellence and outstanding leadership from Mr. Rumpf. Motion Commissioner Denahan moved to confirm the appointment of Michael Rumpf as Planning Director for the City of Boynton Beach. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Mayor Taylor congratulated Mr. Rumpf on his promotion. IV-E. Ratification of Code Compliance Board action: Rescind the fine in Case #97-982 - 111 SE 14th Avenue (Alvin ]r. & Catherine Hauck). The fine totaled $9,175 . plus $730.15 administrative costs. At Commissioner Weiland's request, Scott Blasie, Code Compliance Administrator, explained that with a 6-1 vote, the Code Compliance Board recommended that the fine in this case be rescinded. The Code Compliance Board is required to hear lien reductions prior to City Commission consideration. The Board weighs the testimony of the violator and of staff and makes a recommendation based on the efforts to comply, the violations committed and the seriousness of the violation. This case involved Community Appearance Code violations. The property has been foreclosed. Mr. Blasie advised that an attorney was present to address this case. Commissioner Denahan said she would be in favor of holding the bank responsible for the administrative costs because it is their responsibility to ensure the purchasers' ability to pay. Craig Durness, representing the bank foreclosing the property, said the bank did not obtain possession of the property until late in November. The bank did not have the opportunity to address the Code compliance issues until recently. Mr. Durness requested the Commission's consideration in waiving the fine. Commissioner Weiland felt that once the bank sells the property, it could pay the administrative costs. Motion Mayor Pro Tem Tillman moved that the bank pay the $730.15 administrative costs. Commissioner Denahan seconded the motion that carried unanimously. 6 MEETING MTNUTES REGULAR CZI'Y COMMTSSTON BOYNTON BEACH,, FLORTDA 14ARCH 16~ 1999 Reduction of fine in Case #96-2184 - 105 NE 14t" Avenue (Oretha Isom), to $800 from $4,200 plus $826.18 administrative cost. Attorney Cherof explained that this case involves an unusual situation. This matter bypassed the Code Compliance Board and came directly to the City Commission for consideration. This is the first case of its kind. Attorney Cherof advised that he was unfamiliar with the property other than the need to expedite the release of the lien so that the property could change hands. When Commissioner Denahan questioned why this case was allowed to sidestep our procedures, Mr. Blasie that the only information that was available to him was an inquiry with respect to a pay-off figure. The violations involved the Community Appearance Code. Attorney Cherof recommended tabling this item until the next meeting so that he could investigate the background of this case. Motion Mayor Pro Tem Tillman moved to table this item. Commissioner Denahan seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: Mr. Hawkins reported that the teens who were patronizing the Library were customers, not a problem. However, he pointed out that some people have behavior problems and staff recognized the need of Library patrons to have a quiet environment. The City is now offering an alternative environment to the children to allow them to participate in fun activities. Although a survey revealed that some of the children needed a place to do homework, others needed social activities. Staff decided to address those needs by moving forward with planned activities at the Civic Center. The children have agreed to form a teen club. With respect to the issue of a Teen Center, Mr. Hawkins explained that the Commission would have to address that feasibility during the upcoming budget process. PUBLTC AUD'rENCE: I'NDI'VI'DUAL SPEAKERS WTLL BE LI'M:Z'I'ED TO 3-Mi'NUTE PRESENTATI'ONS Herb Suss, resident of Quail Run, congratulated the two new Commissioners and reminded the Commissioners of the Police Department shortfall. He would like to see something in place that ensures City employees of what the future holds for them. Quail Run is not happy about the Police force being short. He recommended that the City apply for federal subsidies for an auxiliary police force. Mr. Hawkins reported that he was recently provided with a report with respect to vacancies in our Police Department. There are only four vacant sworn positions in the Department- not the fifteen positions Mr. Suss continues to refer to. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 16, 1999 Mr. Suss disagreed with Mr. Hawkins' remarks. He further requested that the City Commission appoint Mr. Hawkins as permanent City Manager. Mayor Pro Tem Tillman explained that the City of Boynton Beach pays people very well to manage the City on a day-to-day basis. He is confident that the information he is provided with is accurate and correct and he wants to make sure that the information the public is provided with is accurate. Mayor Pro Tem Tillman explained that it is one thing to tell the truth and another thing to grandstand. He told Mr. Suss that if the numbers he has been given are incorrect, he would readily apologize. However, he urged Mr. Suss to understand that the numbers are correct. He urged Mr. Suss to stop spreading false information. Commissioner Weiland added that it was his understanding from both sides of the bargaining table that talks stalled briefly during the election process. However, as soon as the new Mayor is seated, this issue will be resolved. Mayor Taylor encouraged people to present truthful facts when approaching the Commission since the Commissioners will go to the Police Chief and City Manager for clarification. Nathaniel McGrady, 111 NE 18th Avenue, requested that the City Commissioners consider a raise for retirees who are on pensions. Mayor Taylor explained that Employees' Pension Board considered this issue and decided not to give a COLA (Cost of Living Adjustment). VII. PUBLIC HEAR/NG: A. Project: Agent: Owner: Location: Description: Unisite at Quantum Park Andy Zitman Zitman & Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park Request approval to construct a 140' communication tower with antennas, equipment, and access road. (Postponed to APRZL 6) Project: Agent: Owner: Location: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrest Boulevard MEET/NG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORTDA MARCH 16~ 1999 Description: Request for approval for a day care operation within an existing church (Postl~oned to March Project: Agent: Location: Description: Private Members Only Club Robert Fetrow 1107-1109 North Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club Project: Agent: Location: Description: Wal Mart Stores East, Inc. Keith Pelan, Kimley-Horn & Associates, Inc. West side of Winchester Park Blvd. between Old Boynton Road and Boynton Beach Blvd. on the northeast corner of Knuth Road and Boynton Beach Blvd. Annexation to amend the Future Land Use Map of the Comprehensive Plan from CH (Commercial High) in Palm Beach County to Local Retail Commercial and to rezone the property from AG (Agriculture) to C-3 (Community Commercial District) to allow for commercial development. Attorney Cherof administered the oath to all that would testify during the proceedings. Susan Motley, Attorney with an office in Fort Lauderdale, represented the applicant. She introduced Mr. Keith Pelan, Planner for the project, and advised that two other representatives from Kimley-Horn were present in the audience. Ms. Motley said there are no objections to any of the conditions that have been proposed by staff. Mr. Rumpf reported that there are site issues that need to be resolved during the site plan approval process. This application will come back to the City Commission in approximately a month. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Mayor Pro Tem Tillman moved approval of the Public Hearing Item "D'; Wal Mart Stores East, Inc., annexation to amend the Future Land Use Map of the Comprehensive Plan from CH (Commercial High) in Palm Beach County to Local Retail Commercial and to rezone the property from AG (Agriculture) to C-3 (Community Commercial District) to allow for commercial development, including staff comments. Commissioner Denahan seconded the motion. MAYOR TAYLOR RECOGNIZED A MEMBER OF THE AUDIENCE WHO WISHED TO SPEAK ON THIS ITEM. Attorney Cherof administered the oath. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA I~IARCH 16~ 1999' Ernest Gilmer, resident of Knuth Road, said he has lived on Knuth Road for 39 years. There are only a couple of neighbors on the east side of the road and they are negotiating with the developers. Mr. Gilmer is opposed to the construction of an entrance into this shopping center on the east side of Knuth Road. Mr. Rumpf explained that at the present time, the way the site plan is proposed, there is less impact proposed on Knuth Road than there would be under the existing zoning or a Land Use Plan recommendation. All traffic is diverted away from Knuth Road. Staff is reviewing a Stor- All project in the vicinity. This will involve a rezoning and Land Use Plan Amendment. They will have exit only traffic on Knuth Road and an ingress/egress driveway on Old Boynton Road. The developers are still negotiating for a parcel not included in the Wal Mart development. those negotiations are successful, it would provide access on Knuth Road. Staff is attempting to determine the optimal circulation for the project. Existing projects that have been approved have been limited to right out/right in only on Old Boynton Road. Mr. Rumpf explained that it is staff's understanding that the southern-most driveway at Winchester Park Boulevard is designed for commercial trucking traffic. Attorney Motley confirmed that deliveries by "semi" would be off Winchester Park Boulevard. The site plan that has been submitted reflects that. With respect to negotiations with the property owners on the east side of Knuth Road, Ms. Motley explained that interest has been expressed by the property owner to sell to Wal Mart; however, there are no active negotiations and Wal Mart is content with the proposed site plan. Attorney Cherof pointed out that the site plan has been submitted for review, but it is not before the Commission at this time for consideration. Mr. Gilmer requested a copy of the site plan when it is available. Commissioner Weiland acknowledged the fact that he read an article that indicated there are two parcels of land on the east side of Knuth Road that might be sold to Wal Mart and that a driveway might be put in that location. Mayor Taylor reminded the Commissioners that Mr. Gilmer has made his concerns public and the Commission will have an opportunity to address those concerns at site plan approval. Mayor Taylor urged Mr. Gilmer to visit the Planning & Zoning Division to view the site plan. The motion carried 5-0. VIII. BIDS: None 10 MEETZNG MZNUTES REGULAR C:[TY COMMZSS:[ON BOYNTON BEACH, FLOR/DA MARCH 16, 1999 ZX. DEVELOPMENT PLANS: None X. NEW BUSTNESS: Approval of design and construction of new front entranceway for the Boynton Beach Municipal Golf Course Joe Sciortino, Golf Course Director, reported that the Golf Course opened 15 years ago. It has always been the City's intention to have an attractive entranceway. Unfortunately, the relocation of Jog Road was delayed several times. The construction of Jog Road is now completed and it is now a six-lane highway. Mr. Sciortino would like to take advantage of the traffic on that road. When he approached the City Manager with this project last year, a decision was made to try to do it in-house. However, it was more than staff could handle. Gee & Jenson was asked to prepare a design. Scott Barber prepared the design that was displayed. A videotape was prepared and presented to the Commissioners depicting several neighboring golf course entranceways. Mr. Sciortino said he was part of the Leadership Team that included Freda DeFosse and Dan Hager that brought forth this recommendation. That Leadership Team supports the City in its effort to become a world-class City. The Team feels the time is right to show pride in our Golf Course. Mayor Pro Tem Tillman confirmed with Mr. Hawkins that the pending issue regarding written correspondence has been resolved. Mayor Taylor remarked that the image of the City has been discussed at length. All recreational facilities in the City send a message about the City. He commended Mr. Sciortino and his Team for pushing this project. Mr. Sciortino confirmed for Commissioner Weiland that there will be lighting for the sign, wall and landscaping. Mr. Sciortino said he would make certain the entranceway looks spectacular at night. Motion Commissioner Denahan moved approval of the recommendation from the Golf Course Leadership Team to assign to Gee & Jenson the initial design and cost estimate. Commissioner Weiland seconded the motion that carried unanimously. X'r. LEGAL: 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 16, 1999 A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-07 Re: Providing for prohibition of commercial parking facilities in the Central Business District Attorney Cherof read Proposed Ordinance No. 099-07 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON PROPOSED ORDINANCE NO. 099-07. Motion Mayor Pro Tern Tillman moved approval of Proposed Ordinance No. 099-07. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - ist Reading None C. Resolutions: None Other: 1. Set Executive Session to discuSs FOP and PBA Collective Bargaining Agreements Attorney Cherof advised that this Executive Session would last approximately two or three hours. Mayor Taylor requested that the date be scheduled following the Runoff Election to be held on March 23rd. There was a consensus of the Commission to schedule the Executive Session for Friday, March 26th at 4:00 p.m. XII. UNFINISHED BUSINESS: Consideration of Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings Mayor Taylor recommended that this item be tabled until the first meeting in April when the new Mayor would be seated. Commissioner Denahan recommended moving forward with this presentation since the Education Advisory Board suggested using the months of April and May as a pilot test period. 12 MEETI'NG MTNUTES REGULAR cz'rY COMMI'SSI'ON BOYNTON BEACH, FLORZDA MARCH 16, 1999 Mayor Pro Tem Tillman reminded the Commissioners that this item was tabled at the last meeting in order to offer a common courtesy to the new Mayor and Commissioners, Tt is his opinion that presentation of this item should be delayed until the entire new Commission is seated. Commissioner Weiland was in favor of moving forward since the Board wants April and May to be pilot test months. Commissioner Sherman preferred to wait for the presentation until the new Mayor is seated. XIII. OTHER: Mayor Pro Tem Tillman welcomed the new Commission members and wished them "fun and favorable" future Commission meetings. X]:V. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 7:40 p.m. ATTEST: C~I'Y OF BOYNTON BEACH Commissioner Commissioner //~D_ e~uty City Clerk "~Two Tapes) 3/19/99 2:24 PM Commissioner 13 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH' FLORIDA PROJECT NAME: Wal-Mart APPLICANT'S AGENT: Keith Pelan, Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: March 16, 1999 TYPE OF RELIEF SOUGHT: Annexation & Land Use Plan Amendment/Rezoning LOCATION OF PROPERTY: NW Corner of Winchester Park Blvd. & Boynton Beach Blvd. DRAWING(S): SEE EXHIBIT "C" 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 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 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 "D" with notation "lnc!uded". The Applicant's application for relief is hereby .. X GRANTED subject to the conditions referenCed in paragraph 3 here'bf. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: ~/~/qq City Clerk J:\SHRDATA\Planning\SHARED\WP~ROJECTS\Wal Mart\LUAR\Develop.Order Form.doc All further development on the property shall be made in accordance with the terms and conditions of this order. ,., , , ,? ,.,/,,, ,,,,. Other ,,~ ~, ~' '~' e,,. ~ ...%.o ~.O % %" EXHIBIT "C" Conditions of Approval Project name: Wal-Mart Property File number: ANNX 99-001 and LUAR 99-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION I I Comments: NONE I X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: X 1. No principle buildings shall be placed facing, nor within 500 feet from X Knuth Road (except when separated by an unrelated use or property. 2. Site plan approval shall include a coordinated sign program for site X signage intended to maximize shared signage and compatibility with existing signs. Page 2 Wal-Mart Property File No.: ANNX 99-001 and LUAR 99-001 DEPARTMENTS INCLUDE REJECT 3. Ingress/egress shall be coordinated using proposed principle driveways X to the Wal-Mart use (except for two out parcels on Boynton Beach Boulevard) and interconnection between the principle use and perimeter uses. 4. Architectural design guidelines shall be required for site plan approval to X ensure internal compatibility and compatibility with the adjacent Boynton Commons PCD. 5. Site plan approval for the entire project shall include a minimum 10 foot X wide perimeter greenbelt where the project abuts road rights-of-way. 6. Prior to ordinance adoption, supply the city with a market analysis X verifying adequate demand for the proposed Wal-Mart Store accounting for existing area competitors (e.g. K-Mart and Target). ADDITIONAL PLANN1NG AND DEVELOPMENT BOARD CONDITIONS 7. ~ A~q~r X ADDITIONAL CITY COMMISSION CONDITIONS ag' IECTS\Wal Mart~LUAR\COND OF APPROVAL.doc