Minutes 07-20-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, JULY 20, 1999 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Henderson Tillman, Vice Mayor
William Sherman, Mayor Pro Tem
Nellie Denahan, Commissioner
Ronald Weiland, Commissioner
Wilfred Hawkins, Interim City Manager
Mike Cirullo, Assistant City Attorney
Janet Prainito, Deputy City Clerk
I. OPENINGS
Call to Order- Mayor Gerald Broening
Invocation- Father Michael Cassell- St. Joseph's Episcopal Church
Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan
Mayor Broening called the meeting to order at 6:38 p.m. Father Michael Cassell gave
the invocation, which was followed by the Pledge of Allegiance to the Flag led by
Commissioner Denahan.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor Tillman requested the addition of Item E under X, New Business "Request
to Aid the Boynton Beach Track Team".
Interim City Manager Hawkins requested the addition of Item F under X, New Business
"Consideration of Letter to the House and Senate Members of the U.S. Congress and
U.S. Senate regarding potential HUD Budget Cuts".
Commissioner Weiland requested that Item B.4 on the Consent Agenda be removed for
discussion;
Assistant City Attorney Cirullo requested that Item D.1 on the Consent Agenda be
removed for re-advertisement.
2. Adoption
Commissioner Denahan moved to approve the agenda, as amended. Motion seconded
by Vice Mayor Tillman that carried unanimously.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 20, 1999
II.
A.
Appointment
To Be Made
ADMINISTRATIVE:
Appointments to be made:
Board
Length of Term
Expiration Date
III Sherman
IV Tillman
Children & Youth Advisory Board
Children & Youth Advisory Board
IV Tillman
Mayor Broening
! Weiland
II Denahan
Bldg. Board of Adjustment & Appeals
Bldg. Board of Adjustment & Appeals
Bldg. Board of Adjustment & Appeals
Bldg. Board of Adjustment & Appeals
! Weiland
Code Enforcement Board
11! Sherman
!V Tillman
Community Relations Board
Community Relations Board
IV -I~llman
Nuisance Abatement Board
II Denahan
Planning & Development Board
IV millman
Recreation & Parks Board
!V Tillman
Firefighters' Pension Board
Mayor,Broening asked if any Commissioner had
Alt I yr term to 4/00 Tabled (2)
Stu/NonVoting I yr term to 4/00 Tabled (2)
Reg 3 yr term to 4/01 Tabled (2)
Reg 3 yr term to 4/02 Tabled (2)
Alt 1 yr term to 4/00 Tabled (2)
Alt :L yr term to 4/00 Tabled (2)
Alt I yr term to 9/99 Tabled (2)
Alt I yr term to 4/00 Tabled (2)
Reg 3 yr term to 4/00 Tabled (2)
Reg 2 yr term to 4/01 Tabled (2)
Alt I yr term to 4/00
Alt I yr term to 4/00 Tabled (2)
Reg 2 yr term to 4/01 TABLED (3)
any appointments they wished to
make. All Commissioners requested that their appointments remain tabled.
Commissioner Denahan offered her condolences and sympathy to the family of Fran
Cleary who recently passed away. Ms. Cleary had served on various Boards in the City
and Commissioner Denahan offered thanks for her years of service.
II.
ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
Mayor Broening made the following announcements:
1. TNT Concert - Friday, July 23, 1999 at Oceanfront
p.m. to 9:00 p.m. -"Island Vibes" (Reggae)
Park - 6:00
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City Commission Budget Special Meeting on Monday, July 26,
1999 at 6:30 p.m. in Commission Chambers
City Commission Workshop on Wednesday, July 28, 1999 at 6:30
p.m. in the Library Program Room regarding the City Manager
position
B. Presentations:
1. Proclamation
None
Presentation of Certificate of Achievement to the Palm Beach
Jammers
Mayor Broening stated that the Palm Beach Jammers finished in 7th place in the
independent Softball Association (ISA) Youth Fast Pitch World Girls' National
Championship Tournament for the 16 year-old age group. The tournament took place
on July 4, 1999. Mayor Broening presented the Certificate of Achievement to Pam and
Nikki Webb.
Presentation of plaque to the City of Boynton Beach by Nancy
Byrne, Interim Director of Development
Ms. Byrne presented a plaque to Mayor Broening from the National Flood Insurance
Community Rating Association which recognized the City's significant efforts in
reducing the flood insurance rates for the citizens of Boynton Beach. Mayor Broening
thanked Ms. Byrne and the Department of Development for their efforts in this area.
IV. CONSENT AGENDA:
A. Minutes:
1. Regular City Commission Meeting - July 6, 1999
Bids - Recommend Approval- All expenditures are approved in the 1998-
99 Adopted Budget
Approve Change Order #2/Increase Expenditure of $44,256 from
the Bid "METAL CONTAINERS AND ROLL-OFFS" to Industrial
Refuse Sales, for an annual estimated expenditure of $170,281
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Approve the purchase of Furniture for Senior Center, utilizing a
State Contract and purchasing from MITY-LITE, INC. in the amount
of $20,163.80
Approve a "piggyback" purchase for SUBMERSIBLE
WASTEWATER PUMPS utilizing a Boca Raton Bid #99-025 from
Ellis K. Phelps & Co., with an estimated expenditure of $100,000
Approve Engineering Services for approximately 12 projects from
Post, Buckley, Schuh & Jernigan, Inc., piggybacking a Town of
Jupiter/General Engineering Contract with an estimated
expenditure of $40,090 (PROPOSED RESOLUTION NO. R99-88)
At the request of Commissioner Weiland, Item D-4 was removed from the Consent
Agenda for discussion.
C. Resolutions:
Proposed Resolution No. R99-69 Re: Approving the Progress
Trail plan and creating a public/private Progress Trail Partnership
between the City and the Greater Boynton Beach Chamber of
Commerce (TABLED TO 8/3/99 MEETING)
Proposed Resolution No. R99-89 Re:
for water service outside' the City
Annexation with Cascade Lakes, Ltd.
Approving an Agreement
limits and a Covenant for
Proposed Resolution No. R99-90 Re: Approving a Joint
Participation Agreement between the City of Boynton Beach and
FDOT providing for the installation of drainage improvements along
SE 6th Street
Proposed Resolution No. R99-91 Re: Accepting surplus property
owned by the State of Florida Department of Transportation located
at the northeast corner of East Ocean Avenue and NE 6th Street
Proposed Resolution No. R99-92 Re: Approving a Pilot Program
Agreement proposed by Doug Besecker of Goodyear Tire Store at
619 North Federal Highway pursuant to the Non-Conforming
Landscaping and Signage Improvement Pilot Program adopted in
January, 1999
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Proposed Resolution No. R99-93 Re: Accepting an
Letter of Credit 941574 submitted by D.R. Horton,
Melear PUD in the amount of $60,940
Irrevocable
Inc., for the
Proposed Resolution No. R99-94 Re: Authorizing the Mayor and
City Clerk to execute a Contract for Sale and Purchase for property
at 151 NE 9th Avenue in the amount of $33,000
D. Ratification of Planning & Development Board Action:
The Center for Self Discovery - (112 SE 23rd Avenue) - Request for
relief from Chapter 21, Signs, Article II1., Section 5. requiring a 10'
front setback for a sign to allow a 9' variance, or 1' front setback
(TABLED FROM MA Y 18TM MEETING TO JUL Y 20TM MEETING)
At the request of Assistant City Attorney Cirullo,
Consent Agenda for re-advertisement.
Item D.1. was removed from the
The Dolphin Restaurant (Christine Francois - 115 South Federal
Highway) - Request approval for a major modification of an existing
site plan to expand The Dolphin Restaurant and Lounge by 2,575
square feet and to a total of 164 seats
Sterling Records Management (Sterling Real Estate - North side of
SW 35th Avenue, approximately 600' east of Congress Avenue) -
Request new site plan approval to construct two warehouse
buildings totaling 149,150 square feet in two phases on 8.09 acres
Stanton Magnetics (Stanton Magnetics LLC - Quantum Park - Lot
6) - Request new site plan approval to construct a 33,088 square
foot industrial building on 2.23 acres
Dr. Verma Office Building (Anil and Sneh Verma - Southeast
corner of Seacrest Boulevard and SW 25th Avenue) - Request new
site plan approval to construct a 3,515 square foot commercial
building on 0.425 acres
Quantum Park PID - (Applicant G. T. Investment Group, LLC) -
Request for use approval to add the assembly of automated
packaging machinery to the Quantum Park Planned Industrial Park
list of permitted uses
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Motion
Vice Mayor Tillman moved to approve the Consent Agenda with the exception of Items
B.4 and D.I. Commissioner Denahan seconded the motion that carried unanimously
Item B. 4.
Approve Engineering Services for approximately 12 projects from
Post, Buckley, Schuh & Jernigan, Inc., piggybacking a Town of
Jupiter/General Engineering Contract with an estimated
expenditure of $40,000 (PROPOSED RESOLUTION NO. R99-88)
Commissioner Weiland said he discussed this item earlier with Interim City Manager
Hawkins who explained to him how the contract would work. Commissioner Weiland
said he felt uncomfortable with the wording of the amount of $40,000 as an "estimated"
amount. Mr. Hawkins informed him that the contract could state if it were to go over the
$40,000 mark it would have to come back to the Commission for approval. Mayor
Broening said this could be stipulated.
Motion
Vice Mayor Tillman moved to approve Item B.4.
Commissioner Denahan asked if the vote is being approved for a maximum expenditure
of $40,000 and that it would have to come back before the Commission. Commissioner
Denahan said she would second the motion with this stipulation.
Mayor Broening stated that the motion include the wording that "the expenditure not to
exceed $40,000 be approved for engineering services from Post, Buckley, Schuh &
Jernigan, Inc."
Motion unanimously carried.
V. CITY MANAGER'S REPORT:
Interim City Manager Hawkins reported that a portion of Kid's Kingdom would be open
on Wednesday, July 21, 1999. A fence has been put up to separate the damaged
portion from the remainder of the park. The section for the pre-school children would be
open beginning tomorrow.
VI. PUBLIC AUDIENCE:
Herb Suss, a resident of Quail Run complimented the City Planning and Development
Board on the job they have been doing. Mr. Suss said he is not against building a
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Wal-kMart, but on behalf of Quail Run, they are concerned about the traffic flow on
Knuth Road. Mr. Suss said that SW 26th Street runs through their community, which is
a City owned street and that Quail Run owns all the other streets. There currently is a
problem with speeding on SW 26th Street and asked if it was possible if Quail Run could
purchase SW 26th Street. Also, Mr. Suss asked if a wall could be built to close off SW
26th Street from Woolbright. This would only allow access on Golf Road.
Mayor Broening said staff would provide the answers that he raised. Mr. Hawkins
requested that Mr. Suss send a letter to the City in order for the City to begin the
process of officially looking at the requests.
Ms. Melody Ordway asked about the status of the insurance deductible for Kid's
Kingdom. Mr. Hawkins asked Mr. Wildner if there was a final cost on repairs to the
playground and Mr. Wildner stated they do not have this yet. Mr. Hawkins said that until
the final costs are known, he could not have a figure for the deductible. Ms. Ordway
thanked the Boynton Beach Police Department for the great job they are doing.
Kevin Scully, of Scully's Market said he has four areas of concern regarding the Ocean
Avenue project. The first area is the priority of the project in relation to some of the
other projects in the City. Mr. Scully said that the Marina Project should be started and
finished first before work begins on the Civic Center area. Secondly, Mr. Scully said he
was concerned about drainage on Ocean Avenue and said in 12 years on Ocean
Avenue he has never seen it flood. He doesn't think there is a need to spend money on
drainage pipes for a street that does not flood. Mr. Scully also questioned the funding of
the project. Mr. Scully noted that Jan Jensen said that $1.1 million has been budgeted
for the project.
The breakdowns he received from Jan Jensen were as follows:
Civil engineering - sub-surface drainage,
roadway improvements and sidewalks
Lighting
Landscaping
Design fee -
Total
$500,000
200,000
150,000
100,000
$950,000
Mr. Scully feels this doesn't leave much room for error and said people like things the
way they are and don't see a need for any changes. Also, the Ocean Avenue
Promenade newsletter that was handed out was misleading and Mr. Scully did not feel
that construction could begin in December.
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JULY 20, 1999
Larry Roberts, Director of Utilities announced that there would be a groundbreaking
ceremony next Tuesday, July 27th at 3:00 p.m. for the Gateway Boulevard Improvement
Project and the public is invited. The ceremonies will be held in the parking lot of the
Royal Palm Clubhouse.
Harvey Oyer, 227 SW 15th Avenue said that Ocean Avenue flows east beginning at
approximately Scully's Market and during the past heavy rains, water came into and
around the building that his mother owned and picked up the dumpster and moved it.
Mr. Oyer said there are serious drainage problems on Ocean Avenue and the drainage J
problems need to be taken care of.
'Mr. Oyer said there is a need for diversity of property use in the City. The City currently
has a boat ramp, but there is no place where a larger boat could be moored or docked.
The Intracoastal land would be the only place where this would be possible and would
bdng an identity to the community for people who can spend a great deal of money. Mr.
Oyer said the $2 million in County funds would be better spent cleaning up Lake Worth
to make it safe to swim and fish in. Mr. Oyer suggested using a decal system for
residents to have free access to City facilities and non-residents would be charged a
fee. Boynton Beach needs to create amenities to make people want to live in the City.
Mr. Oyer favors a multi-story hotel on the Intracoastal Park site along the lines of Pier
66 in Ft. Lauderdale.
Shelly Constantino has been a resident of the City for 40 years. Ms. Constantino said
that the residents voted to purchase the Intracoastal property for a park and that the
property should be kept for a park. Ms. Constantino presented petitions signed by 250
people that want the property developed as a park or place the issue back on a
referendum for a vote.
Mike Arnold, President of Soma Development Corporation said that he made a
proposal to develop the 10-acre Intracoastal Park known as Gateway Park. Mr. Arnold
said there have been rumors that he would like to clarify and said that Soma
Development is neither proposing nor is it intending to build a hotel on the site.
Ken DeRousse, of Sterling Village believes that the location of the Intracoastal Park for
a majority of the residents of the City is not a good location. Children wanting to get to
the park would have to cross railroad tracks and travel long distances to get to a street
that would be accessible to the park. Mr. DeRousse suggested that the City sell the
property and use the funds in other areas of the City for recreation purposes. Mr.
DeRousse felt the City could sell the property for $10 million and that recreation areas
should be located in City neighborhoods.
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JULY 20, 1999
VII. PUBLIC HEARING:
Reconsideration of the Conditions of Approval (Exhibit "H") to the
Conditional Use Approval for the "Marina Project" originally granted
February 16, 1999, and approval of a revised Development Agreement
between the City of Boynton Beach and Ocean Breeze Festival Park, Inc.
(TABLED TO AUGUST 3RD MEETING)
Project:
Agent:
Owner:
Location:
Description:
Unisite at Quantum Park
Andy Zitman, Zitman and Associates, Inc.
City of Boynton Beach
Optimist Park at Quantum Park, Section 17-45-43
Request for approval to construct a 140'
communication tower with antennas, equipment
and access road
Mr. Andy Zitman, Agent for Unisite took the podium and stated they agree with all staff
conditions.
Motion
Vice Mayor Tillman moved for approval. Motion seconded by Commissioner Weiland
that carried unanimously.
Mr. Zitman inquired if the lease was included in the approval. Mr. Hawkins said the
lease would be a separate document.
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Consistency on City Boards
Mayor Broening thanked the City Attorney's Office for the informative memorandum
prepared on this subject. Commissioner Denahan said this was placed on the Agenda
at her request. Commissioner Denahan requested that there be consistency on all the
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JULY 20, 1999
Boards and that all student members of Boards be given the opportunity to vote. This
was a recommendation from the Education Advisory Board that there be consistency in
students being allowed to vote. Mayor Broening said he had no objection to this and it
is important that the Boards have some input.
Vice Mayor Tillman inquired if this included the Alternate position. Commissioner
Denahan said this is only pertaining to student members and asked for a consensus
from the Board. There was a consensus regarding consistency of student voting on the
Boards.
Recommendations regarding the development of an MBO
(TABLE TO AUGUST 3RD MEETING)
C. Commissioner Representative to Negotiate with Ocean Ridge
Regarding Property Sale
Vice Mayor Tillman said he would like to be appointed the representative to negotiate
with Ocean Ridge.
Former Vice Mayor Jaskiewicz inquired if she would be allowed to speak on the Item
and Attorney Cirullo said there was nothing that would prohibit Ms. Jaskiewicz from
addressing the CommiSsion.
Shirley Jaskiewicz, 1917 SW 13th Avenue took the podium and said that there are
about three years of minutes relative to this negotiation and there is some critical
information that should be read prior to beginning the negotiations.
Commissioner Denahan felt Vice Mayor Tillman would be the best person to negotiate
since he has been on the City Commission for the longest amount of time and asked if
there could be two representatives including Mayor Broening. Mayor Broening said he
would be pleased to serve as an additional representative.
Attorney Cirullo noted that if two representatives would be at the same meeting, it would
become a public meeting. Mayor Broening said he has met with the Vice Mayor and
City Manager of Ocean Ridge several times and does have some rapport with the
Ocean Ridge representatives. However, he has no objection to Vice Mayor Tillman
becoming this City's representative. Vice Mayor Tillman requested that Mayor Broening
prepare a report with all the information that he has so that it would be available.
Commissioner Denahan inquired how this was handled in the past when there were two
representatives and Mr. Hawkins stated that past meetings were public meetings.
Commissioner Denahan inquired if the representative comes to any terms with the
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JULY 2O, 1999
Town of Ocean Ridge would it have to be approved by this Commission and was
informed that was correct.
Motion
Mayor Pro Tem Sherman moved that Vice Mayor Tillman be appointed this City's
representative to negotiate with Ocean Ridge regarding property sale.
Mr. Hawkins stated that the Town of Ocean Ridge appointed Vice Mayor Kaleel as their
representative.
Motion seconded by Commissioner Weiland that carried unanimously.
D. Consideration of Economic Incentive Letter
Mayor Broening stated that this item is a form of marketing tool being proposed to assist
the City in facilitating development. It is proposed that every Commissioner and the
Mayor would sign the letter. The letter outlines the City's position on incentives and
what the City expects to receive in return. Mayor Broening reviewed the contents of the
letter. Mayor Broening said a new brochure is currently being prepared and is a much
more detailed document outlining the incentives.
Motion
Commissioner Weiland moved approval for consideration of the economic incentive
letter. Motion seconded by Vice Mayor Tillman that carried unanimously.
F. Request to Aid the Boynton Beach Track Team
Vice Mayor Tillman advised that the Boynton Beach Track Team every year has
become very good ambassadors for the City in terms of winning nationwide. The team
is led by Mr. Clyde Harris and he asked Mr. Harris to take the podium. Vice Mayor
Tillman stated that some money has been raised, but they are short and need help and
this is a good opportunity for the City to provide some assistance in enabling the team
to continue being good ambassadors for the City.
Mr. Clyde Harris took the podium and stated he is employed by the City of Boynton
Beach with the Parks and Recreation Department. The City's Parks and Recreation
Department track team has 22 participants who have qualified for the United States
East Coast Track and Field Meet in Bethesda, Maryland and the National Junior
Olympics in Omaha, Nebraska. During the past three years they have broken two
national records, three Hershey State records, four East Coast records, and many State
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Junior Olympic Records. The team practices two to three times per week and has
attained a level of excellence through dedication, commitment and hours of hard work.
Expenses for the trips are as follows:
[] Van rental for two weeks is approximately $1,650;
[] Motel stay in Bethesda, Maryland $1,500; and
[] Five nights hotel in Omaha, Nebraska $2,550.
Total expenses for the two trips are approximately $7,229.56
Monies collected to date are as follows:
[] Parents raised $1,065;
[] One single parent raised $265;
[] Mrs. Harris and Ms. Sims raised $153;
[] St. John Church donated $301;
[] Another parent gave $110; and
[] Kiwanis Club donated $250.
Total Fundraising comes to $2,600
A balance of $4,595 is remaining.
Mr. Harris said that for the past three years he has been paying this out of his pocket
out of his love for these children and said last year he spent almost $5,000 of his own
money for the trips. Even if no more money is raised, Mr. Harris said he would pay for
the trip in any event. Mr. Harris presented a brochure that has a picture one of the City's
runners on the back cover. Mr. Harris said he has been working with this program for 10
years and thoroughly enjoys working with the children.
Mr. Harris introduced his wife Gloria who has been helping him all these years. Mr.
Harris also introduced some of the track members and the Assistant Coach.
Ms. Melody Green, Recreation Superintendent took the podium said that Mr. Harris
never informed the Recreation Department exactly how much money and time he has
spent over the years and that Mr. Harris never budgeted for these events. Ms. Green
said it was absolutely wonderful to have a City employee like Mr. Harris who is so
dedicated to the children. The Recreation Department has provided assistance to Mr.
Harris over the years and this year is providing $750. Ms. Green said that a fundraising
campaign should be set up beginning now because there are a great many
organizations that would be glad to assist and partnership with the City.
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Mr. Harris said he never asked for money in the past because he had been promised
funds from outside sources and then they always fell through.
Mayor Broening said he learned of this situation a couple of days ago and made some
inquiries. Mayor Broening stated that the City was not set up to handle this sort of
request.
Ms. Diane Reese, Finance Director took the podium and stated the City has a
contingency fund in the amount of $200,000 and the funds could be allocated for any
purposes the City Commission may direct. Also, Ms. Reese said there is a Community
Promotion Account that is budgeted every year and there are funds available in that
account.
Commissioner Denahan inquired if there was a balance in the Community Promotion
Account. Ms. Reese was not certain of the amount. Commissioner Denahan asked
when the track meet would take place and Mr. Harris said they would be leaving
tomorrow. The meet takes place between July 26th and August 2nd.
Mr. Hawkins said the Community Promotions account was set up to do Community
Promotions types of activities and is outside the realm of what is being asked for
tonight. Mr. Hawkins said this type of activity should be budgeted through the
Recreation Department and should be made part of the normal budget. Mr. Hawkins
said Mayor Broening was referring to an account that used to be handled by the
Community Relations Board in the amount of $20,000 for distribution for social services
and organizations, such as this. The Commission would then approve the
recommendations. Mr. Hawkins said that this process could be re-instituted.
Mayor Pro Tem Sherman commended Mr. Harris for the wonderful job he is providing
and made the following motion.
Motion
Mayor Pro Tem Sherman moved that the City contribute the money to Mr. Harris and
his athletes.
Mayor Broening requested that the motion be amended to include a specific amount of
money.
Mayor Pro Tem Sherman moved to amend his motion to state that the City's
contribution be in the amount of $5,000.
Vice Mayor Tiilman seconded the motion that unanimously carried.
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Consideration of Letter to the House and Senate Members of the U.S.
Congress and U.S. Senate regarding potential HUD Budget Cuts
Mayor Broening noted that the Commission had been furnished with a copy of the letter.
Mr. Hawkins said that Boynton Beach is an Entitlement City and as such receives
approximately $500,000 yeady from HUD. Congress is currently in budget deliberations
and is threatening to make serious budget cuts to HUD, which would affect us at the
local level. The City receives its funds through the Community Development Block
Grant Program. The Program funds housing programs, as well as job training
programs. Elimination of the COPs Program is also being considered and the City has
been a direct recipient of that Program as well.
Mr. Hawkins stated that the Law Enforcement Block Grant Fund, the summer job
program and the welfare to work program are also in jeopardy. Staff is requesting that
the Commission and Mayor sign the letter encouraging our Congressmen and Senators
to vote against any cuts that would jeopardize any of these programs.
Motion
Commissioner Denahan moved for approval with the addition that our lobbyist be
directed to work on these endeavors. Motion seconded by Vice Mayor Tillman and
carried unanimously.
Xl. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. O99-20 Re: Amending Chapter 18,
Article III, Pensions for Police Officers, Section 18.165 providing for
a 3% multiplier and for 60% allocation of assets to equities
Attorney Cirullo read Proposed Ordinance No. O99-20 by title only
Mayor Broening announced the public hearing.
Former Vice Mayor Jaskiewicz inquired if an actuarial study had been undertaken and
Mr. Hawkins replied that there were two.
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Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. 99-20.
seconded by Commissioner Denahan.
Deputy City Clerk Janet Prainito polled the vote. The vote was unanimous.
B. Ordinances - 1st Reading
Motion
Proposed Ordinance No. O99-21 Re: Amending Chapter 26,
Water, Sewers, and City Utilities, Article IV. by deleting Division 4.
Industrial and Commercial Waste. In its entirety, reserving Sections
178-204, and creating a new Division 4. Industrial and Commercial
Waste to comply with Wastewater Facility (WWF) Standards as
well as any other Federal or State laws
Attorney Cirullo read Proposed Ordinance No. O99-21 by title only
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 99-21.
seconded by Vice Mayor Tillman.
Deputy City Clerk Janet Prainito polled the vote. The vote was unanimous.
15
C. Resolutions:
None
D. Other:
UNFINISHED BUSINESS:
XlI.
None
XlII.
None
XlV.
OTHER:
ADJOURNMENT:
Motion
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Motion
Vice Mayor Tillman moved that the meeting adjourn. Motion seconded by
Commissioner Denahan. The meeting properly adjourned at 7:45 p.m.
CITY OF BOYNTON BEACH
ATTEST:
,,uty City Clerk
Recording Secretary
(two tapes)
Mayor Pro Tem
Commissi~o~ner '~/~'~"-~
'"Commissioner ~ "~ .........
16
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Unisite at Quantum Park
APPLICANT'S AGENT: Andy Zitman, Zitman and Associates, Inc.
APPLICANT'S ADDRESS: 950 N.W. 185th Avenue, Pembroke Pines, Florida 33029
DATE OF HEARING BEFORE CITY COMMISSION: July 20, 1999
TYPE OF RELIEF SOUGHT: Conditional Use
LOCATION OF PROPERTY: Optimist Park at Quantum Park
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
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
× GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other /~Or~ ~.
/" .,/Dc,oar-/City Clerk
J:\SHRDATA~Planning~SHARED~WP\PROJECTS~Unisite @ Quantum Park\ vel[Te,,ve,~lo, i;~'der, doc! ~
Page 2
Unisite at Quantum Park
File No.: COUS 98-007
FORESTER/ENVIRONMENTALIST
Comments:
5. The applicant should indicate that there would not be any impact from X
the project construction on the adjoining "swamp" (wetland) shown on
the landscape plans. The wetland is a requirement of the Development
of Regional Impact (DRI) document.
PLANNING AND ZONING
Comments:
X
6. Provide copy of lease agreement with city.
X
7. Provide color details to sheet A-1 to fully describe buffer wall
appearance.
8. Include setback dimensions (tower and equipment from property line) on
site plan. Wall in excess of 6 feet must meet setbacks for PID district, or
obtain relief through variance process.
X
9. Place dimensions on plan indicating distance between tower or
equipment and nearest residential zoning district.
X
10. Provide note on plan referencing agreement/date establishing ingress-
egress easement.
X
11. Place landscape materials in chart/table, include both common and
botanical names and native counts and percentage (a minimum of 50%
native plants will be used).
X
12. Show and describe "No Trespassing" signs to be spaced no more than 40
feet.
X
13. Show location and specifications of proposed lighting, or note on plan
that no site lighting is proposed.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
X
14. Omit # 2
ADDITIONAL CITY COMMISSION CONDITIONS
15. To be determined.,.
\\CHLMAIN~SHRDATAXPlanning\SHARED\WP~PROJECTS\Unisite ~ Quantum Park\cond. of appr- 2nd review.doc
MWR/nl
EXHIBIT "C"
Conditions of Approval
Project name: Unisite at Quantum Park
File number: COUS 98-007
Reference: The plans consist of sheets identified as 2nd Review, New Site Plan. File # COUS 98-007
with a February .16, 1999 Planning and Zoning Department date stamp marking
DEPARTMENTS I NCLUDE REJECT
PUBLIC WORKS
Comments:
1. Waste removal in connection with construction process must be serviced X
by City of Boynton Beach.
UTILITIES
x
Comments: None
FIRE
2. Show fire hydrant location on plan (not to exceed 200 feet from X
struct,,ure)
as wen as water main location, and provide fire flow calculations. (LDR
Ch.6, Sec. 16.
Comments:
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
3. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any
others, shall be included with your permit request.
BUILDING DIVISION
Comments:
4. Compliance with the building codes will be evaluated at time of permit X
review. The permit fee and other applicable fees will be determined at
time of permit review.
PARKS AND RECREATION
Comments: None X
LOCATION MAP EXHIBIT "/~
UNISITE AT QUANTUM PARK
'NOT
IN
~ITY
n.r-~i
3
PID
OF: COMME
LJANTL.IM PARK]
AA
'0 1/8
'0 .400. '800
MILES
FEET
0~. 99
Ei,, .LIt31HX3
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
DATE OF RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: New Site Plan
Sterling Records Management
Steven E. Tate, Caulfield & Wheeler, Inc
128 Litchfield Road
July 20, 1999
LOCATION OF PROPERTY: North side of S.W. 35th Avenue, 700 feet east of Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evi~lence 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
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 property shall be made in accordance with the terms
and conditions of this order.
7. Other
/" ,,/~pu~-y' City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\STERLING RECORDS MA~EN'lRDevelopment Order. doc
EXHIBIT "C"
Conditions of Approval
Project name: Sterling Records Management
File number: NWSP 99-009
Reference: 2nd Review, New Site Plan, NWSP 99-009 with a May 11, 1999 Planning and Zoning date stamp.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Construction dumpster and service to be provided by City. X
UTILITIES
2. Provide drainage calculations showing the amount of rainfall to be X
retained on-site.
FIRE
Comments:
3. Remove shrubbery to allow visibility of F.D. connection on "future new X
building #2".
4. A fire flow calculation test will be required; LDR 6-16. X
5. Corresponding water mains, hydrants, and roadways will be in place X
prior to above ground construction; NFPA 1.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
6. At time of permit review specify, in tabular form, on the site plan the X
type of construction and occupancy classification that is proposed for
each building. The building area, occupancy and type of construction
shall comply with the specifications identified in the Building Code.
7. The permit fee, water and sewer facility fees, Fire Department fees, X
County fees and State fees, will be determined at time of permit review.
8. To efficiently move from site plan approval to permit review it is X
recommended that fhe permit applicant and contractor contact a Plans
Page 2
Sterling Records Management
File No.: NWSP 99-009
DEPARTMENTS INCLUDE REJECT
Analyst in the Building Division of the Development Department to
obtain a permit submittal checklist.
9. At time of permit, drawings should accurately reflect phasing plan X
approved on site plan.
ENGINEERING DIVISION
Comments:
10. All plans submitted for specific permits shall meet the City's code X
requirements at time of application. These permits, include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any
others, shall be included with your permit request.
11. Provide certified drainage statement stating that drainage system for X
Phase # 1 will meet City's minimum drainage requirements.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
COmments:
12. Revise phase line on site plan to coincide with phas~ line on landscape X
plan. Phase 1 shall include all landscaping along right-of-way.
13.: Dimension safe sight triangles at site entrance from intersection of drive X
and R/W line. Also, include on the landscape plan. (Chapter 7.5 Article
II Section 5 Paragraph H1)
14. Label stop signs at exit, directional signs and internal traffic signs and X
information, signs where appropriate include traffic control markings,
stop bans etc. (Chapter 23 Article I1 Paragraph 1 & 2)
15. On the landscape plan revise note to state that Cypress shall not be used X
for mulching beds.
16. Submit required traffic analysis to obtain confirmation from Palm Beach X
County that project conforms with T.P.S.
Page 3
Sterling Records Management
File No.: NWSP 99-009
DEPARTMENTS 1NCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
17. NONE X
ADDITIONAL CITY COMMISSION COMMENTS
18. To be determined. P'/Ot, l ~
MWR/nl
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STERLING RECORDS MANAGEMENT~ND REVIEW COMMENTS.DOC
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
DATE OF RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: Quantum Park- Lot 6
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Stanton Magnetics
Michael Sipula, JMS Design, Inc
101 Sunnyside Boulevard
July 20, 1999
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
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 property shall be made in accordance with the terms
and conditions of this order°
7. Other
be~o tv'be u? City Clerk
J:\SHRDATA, Planning\SHARED\WP\PROJECTS\QUANTUM STANTON LoT6~evelopn~ent Order. doc
EXHIBIT "C"
Conditions of Approval
Project name: Stanton Magnetics - Quantum Park Lot 6
File number: NWSP 99-011
Reference: 2nd Review, New Site Plan. File # NWSP 99-011.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Construction dumpster and service shall be supplied by the city. X
UTILITIES - General Comments
2. All utilities easements shall be shown on the rectified landscaping drawings X
so that we may determine which trees may interfere with utilities. In
general, palm trees will be the only tree species allowed within utility
easements. Canopy trees may be planted outside of the easement so that
roots and branches will not impact those utilities within the easement in the
foreseeable furore. LDR Sec. 7.5-18.1 gives public utilities the authority to
remove any trees that interfere with utility services, either in utility
:easements or public rights-of-way.
3. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X
paid for this project either upon my request for signature on the Health
Dept. application forms or within 30 days of site plan approval, whichever
occurs first. Based upon a 1.5-inch meter, the fee is $1205.82.
4. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City before the first permanent meter is set. Note that setting of a permanent
water meter is a prerequisite to obtaining the certificate of occupancy.
FIRE
Comments:
5. 11 water mains, hydrants, and roadways will be in place prior to above X
i ground construction; NFPA 1.
POLICE
Comments:
6. Convert traffic flow to one-way in a counter-clock wise direction on south X
side of building.
ENGINEERING DIVISION
Page 2
Stanton Magnetics - Quantum Park Lot 6
File No.: NWSP 99-011
DEPARTMENTS INCLUDE REJECT
Comments:
6. Add to the site plan the following note: All plans submitted for specific X
permits shall meet the City's code requirements at time of application.
These permits include, but are not limited to the following: site lighting,
paving, drainage, curbing, landscaping and irrigation. Permits required
from other permitting agencies, such as FDOT, PBC, SFWMD, DERM,
LWDD, DEP and any others, shall be included with the permit request.
7. The proposed 8-inch water main to the fire hydrant at the north property X
line will require a jack and bore under Quantum Blvd., an open cut of
Quantum Blvd. will not be allowed. Consider providing a water line to the
fire hydrant at the north property line from the existing water line at the
: south property line as an alternative to a jack and bore.
BUILDING DIVISION
Comments:
8. Add specifications to the site data that would verify that the proposed finish X
floor elevation is in compliance with the minimum standards required by
the South Florida Water Management District permit for the project.
9. Add the following note to the elevation view drawings ~)f the building:
"Building signage will comply with the applicable regulations of the sign
code (Chapter 21)"
10. At time of permit review specify, in tabular form, on the site plan the type X
of construction and occupancy classification that is proposed for the
i building. The building area, occupancy, and type of construction shall
i comply with the specifications identified in the Building Code. Working
drawings of the building shall comply with the codes specified in Chapter
!.20 of the Land Development Regulations.
11. i The permit fee, water and sewer facility fees, Fire Department fees, County X
fees and State fees will be determined at time of permit review.
12. To efficiently move from site plan approval to permit review it is X
recommended that the permit applicant and contractor contact a Plans
Analyst in the Building Division of the Development Department to obtain
a permit submittal checklist.
PARKS AND RECREATION
COmments: None X
FORESTER/ENVIRONMENTALIST
Page 3
Stanton Magnetics - Quantum Park Lot 6
File No.: NWSP 99-011
DEPARTMENTS
Comments:
13.
The applicant has addressed the existing trees on the site (the species
labeled "PP" along the Quantum Boulevard ROW need to be identified).
Tree relocation sites indicated on the property need to correspond to the
type and number of trees marked for relocation from Quantum Boulevard. If
the relocated trees do not survive the transplanting, the trees will be
replaced during the landscaping portion of the project.
PLANNING AND ZONING
Comme~s:
14. On the site plan, label the type of the wing walls adjacent to the loading
wells.
15. Add back-up dimension/aisle width for immediate isle on south side of
building to confirrn minimum width of 27 feet unless spaces are angled in
connection with conversion to one-way flow.
16. Provide unity of title document to consolidate parcels.
17. Project must be reviewed by Quantum park Review Board. Provide
confirmation of review and approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
18. :NONE
INCLUDE REJECT
X
X
X
X
X
X
ADDITIONAL CITY COMMISSION COMMENTS
19. To be determined.
MWR/nl~:xSHRDATAXPLANN~G\SRtmED\VO~,ROmCTS\QUANTUM STANTON MAGNETICS LOT 6L2ND REVIEW COMMENTS.DOC
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
DATE OF RATIFICATION BEFORE CITY COMMISSION:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Quantum Park PID
Vernon J. Pierce,
1181 South Roger Circle #12
July 20, 1999
Use Approval
Quantum Park PID
SEE EXHIBIT "B" ATTACHED HERETO.
TYPE OF RELIEF SOUGHT:
LOCATION OF PROPERTY:
DRAWING(S):
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
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 property shall be made in accordance with the terms
and conditions of this order.
Other
// ,J ~F~u.r¥ City Clerk
J:~SHRDATA\Planning\SHARED~WP~PROJECTS\GEVAS NORTH AMERI~RS\US/~P~Deve~pment Order. doc
EXHIBIT "B"
Conditions of Approval
Project name: Quantum Park PID
File Number: Gevas Corporation - File No. USAP 99-76000002
Reference: Use Approval (Assembly of Automated Packaging Machinery)
PUBLIC WORKS
X
Comments: None
UTILITIES
Comments: None X
FIRE
X
Comments: None
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
X
Comments: NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. :NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined. P4IDIh~_..
MWR/nl
J:kSHRDATAkPLANNRqG\SHARED\WP~PROJECT S\GEVAS NORTH AMERICAN HDQTRS\USAP\COND OF APPRVL.DOC
"I¥10TORI
'0 1 t 8
/.! 400'800 FEET
............... ~_4..~ ~/~u__ ~ ~
r':-ITY
RI
PU
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 950 Orchard Lane
DATE OF RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: New Site Plan
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Dr. Verma Office Building
Jack Hawk Hawk, Fulwider & Associates
July 20, 1999
LOCATION OF PROPERTY: Southeast corner of Seacrest Boulevard and S.W. 25th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other )~O r~ ~_
J:~SHRDATA\PI.nning\SHARED\WP~PROJECTS\DR VERMA OFFICE BLD~J~pment O~er. doc~i~ City Clerk
EXHIBIT "C"
Conditions of Approval
Project name: Dr. Verma Office Bldg.
File number: NWSP 99-010
Reference: 2nd Review, New Site Plan. File # NWSP 99-010 with a May 12, 1999 Planning and Zoning
Department date stamp marking
I INCLUDE REJECT
DEPARTMENTS
PUBLIC WORKS
Comments:
1. Construction dumpster and service shall be supplied by City. X
UTILITIES
Comments:
2. All existing or proposed utilities easements shall be shown on the X
rectified landscaping drawings so that we may determine which trees
may interfere with utilities. In general, palm trees will be the °nly tree
specifies allowed within utility easements. Canopy trees may be planted
outside of the easement so that roots and branches will not impact those
utilities within the easement in the foreseeable future. LDR Sec. 7.5-
18.1 gives public utilities the authority to remove any trees that interfere
with utility services, either in utility easements or public rights-of-way.
3. Dept. of HRS permits may be required for the water and sewer serving X
this project. (Sec. 26-12) points of connection to the water and sewer
systems have not been shown.
4. Fire flow calculations will be required demonstrating the City Code X
requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or
the requirement imposed by insurance underwriters, whichever is
greater. (see Sec. 26-16(a)). Please submit these calculations with your
HRS permit submittal.
5. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X
paid for this project either upon my request for signature on the Health
Dept. application forms or within 30 days of ske plan approval,
whichever occurs first. This fee will be determined based upon final
meter size, or expected demand.
6. Comp Plan policy 3C.3.4 requires the conservation of potable water. X
City water may not, therefore, be used for irrigation where other sources
are readily available.
7. Under the proposed plan, stormwater greater than the pre-treatment X
volume will drain into the adjacent right-of-way. To avoid additional
flooding, demonstrate that all rainfall from a 3-year storm
(approximately 6.5" in 24-hours) will be retained on site or directed to a
positive outfall system. (LDR Chap. 6, Art. IV, Sect. 5)
Page 2
Dr. Verma Office Bldg.
File No.: NWSP 99-010
DEPARTMENTS INCLUDE REJECT
8. Please show all water and sewer connections to existing or proposed X
utility lines. Water and sewer lines to be owned and operated by the City
shall be included within utility easements. Please show all proposed
easements on the engineering drawings, using a minimum width of 12
feet. The easements shall be dedicated via separate instrument to the
City as stated in Sec. 26-33(a) of the Code.
9. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to
the City before the first permanent meter is set. Note that setting ora
permanent water meter is a prerequisite to obtaining.the certificate of
occupancy.
10. LDR chap. 6, Article IV, Sec. 16 requires that all points on each building X
will be within 200 feet of an existing or proposed fire hydrant. Please
demonstrate that the plan meets this condition, by showing all hydrants.
11. Appropriate backflow preventers will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with Sec. 26-207.
12. A building permit for this project shall not be issued until this office has X
approved the plans for the water and/or sewer improvements required to
serve the project. (Sec. 26-15)
FIRE
Comments:
X
13. Provide required water distribution plan.
14. A fire flow test is required; LDR 6-16. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
15. All plans submitted for specific permits shall meet the City's code X
requirements at time of application. These permits include, but are not limited
to the following: site lighting, paving, drainage, curbing, landscaping and
irrigation. Permits required from other permitting agencies, such as FDOT,
PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with
your permit request.
Page 3
Dr. Verma Office Bldg.
File No.: NWSP 99-010
DEPARTMENTS
INCLUDE I REJECT
16. On the Landscape Plan identify the clear sight triangular areas on both X
sides of the driveway and adjust the Landscape Plan if needed. [LDR
Chapter 7.5, Article II, Section 5.H.2.] Add a note to Landscape Plan
that within the sight triangles, there shall be an unobstructed cross-
visibility at a level between 30" and 6' above the pavement. [LDR
Chapter 7.5, Article II, Section 5.H.]
17. Landscape areas in parking lots must be protected by wheel stops or X
curbs. [LDR Chapter 23, Article II.E.] Provide concrete curb for areas
not protected by wheel stops.
18. On the site paving and drainage plan, locate the stop bar and stop X
sign 4' back of sidewalk, and add 25' double yellow aisle separation
stripes.
BUILDING DIVISION
Comments:
19. Identify the finish floor elevation within the footprint of the building X
that is illustrated on the site plan (sheet A. 1) and th~ floor plan drawing
(sheet A.2). Add to the site data, found on sheet A. 1, the flood zone that
the building is located within including, where applicable, base flood
elevation. If there is no base flood elevation, indicate that on the plans.
Add specifications to the site data that will verify that the proposed
finish floor elevation is in compliance with the minimum standards of
the following:
a) Minimum elevation required by the flood zone.
b) Minimum elevation required by the South Florida Water
Management District permit for the project.
c) Show and provide computations that verify the elevation of the
finish floor is six inches or more above the crown of the
abutting right-of-way.
20. At time of permit review, identify on the site plan the actual setback X
dimension from the leading edge of the west face of the building to the
west property lines. Please note that overhang, covered walkways,
canopies or awnings are considered when setbacks are identified. The
, building setbacks shall comply with Zoning Code regulations.
21. At time of permit submittal, provide an executed Ci.ty Unity of Title X
form. The form shall combine all lots or parcels as one lot. The
processing of the form shall follow the Unity of Title procedures.
22. Show and label on the site the location and width of the building X
Page 4
Dr. Verma Office Bldg.
File No.: NWSP 99-010
DEPARTMENTS
INCLUDE [ REJECT
overhang. The location of the building on the site shall comply with the
I
applicable zoning regulations.
23. At time of permit review specify, in tabular form, on the site plan the X
type of construction and occupancy classification that is proposed for the
building. The building area, occupancy and type of construction shall
comply with the specifications identified in the Building Code. Working
drawings of the building shall comply with the codes specified in
Chapter 20 of the Land Development Regulations.
24. The permit fee, water and sewer facility fees, Fire Department, County X
fees and State fees will be determined at time of permit review.
25. To efficiently move from site plan approval to-permit review it is X
recommended that that permit applicant and contractor contact a Plans
Analyst in the Building Division of the Development Department to
obtain a permit submittal checklist.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
26. The applicant shows on the survey that there are 8 existing trees on the X
site. One tree is to remain and one tree is to be relocated along Seacrest
Blvd. If the relocated tree does not survive the transplanting, the tree
will be replaced during the landscaping portion of the project.
X
27. The remainder of the 6 trees should be identified and an indication of
preservation, relocation or removal/replacement.
PLANNING AND ZONING
Comments:
28. On the survey, correct tree labeling (tree incorrectly shown as Banyon on X
south side of building). Chapter 4, Section 7, Par. A
29. Label all existing utilities on the survey (label west side utility as water X
service). Chapter 4, Section 7, Par. A
30. Identify surrounding land use and zoning designations for purposes of X
setback verification. Chapter 4, Section 7, Par B
31. Indicate vehicular use area landscape requirements in site plan tabular
Page 5
Dr. Verma Office Bldg.
File No.: NWSP 99-010
DEPARTMENTS INCLUDE REJECT
data. Chapter 7.5, Article II, section 5, Par. G
X
32. On the landscape plan, provide a note indicating the irrigation system
source. Chapter 4, Section 7, Par. C
X
33. On the landscape plan, correct note indicating type of mulch ("cypress"
is repeated).
X
34. On the landscape plan plant list, provide calculations for the minimum
50% native tree and shrub requirement.
X
35. Provide a copy of a letter of release from the appropriate governing
agencies regarding the utility easement on the south side of the property
containing the proposed landscaping.
X
36. Indicate exterior colors in tabular form for all building elements on the
architectural elevation plans. Chapter 4, Section 7, Par. D
X
37. Provide traffic control/direction arrows on all plans. Chapter 23,
Art. II, Par. B
X
38. Provide traffic study to be reviewed by Palm Beach County for
compliance with the Com~ty's traffic performance standards ordinance.
X
39. Add note stating that all delivery traffic can be accommodated by
standard parking space.
X
40. Show building signage to comply with sign regulations including
maximum area based on one and one half (1 1/2) square feet of area for
each one foot of linear building frontage.
X
41. On the site plan, dimension ten (10) foot setback from the property line
to the closest surface of the sign. (Chapter 21, Article 111, Section 5)
ADDITIONAL PLANNING AND DEVELOPMENT COMMENTS
42. NONE X
ADDITIONAL CITY COMMISSION COMMENTS
43. ~ To be determined.
COMMENTS.DOC
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Dolphin Restaurant
APPLICANT'S AGENT: Doug Mclntee, Intercontinental Construction Company
APPLICANT'S ADDRESS: 115 S. Federal Highway
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 1999
TYPE OF RELIEF SOUGHT: Major Site Plan Modification
LOCATION OF PROPERTY: 115 S. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the 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
staffland the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
J\SHRDATA~plann,n ~ /~p~-~/City Clerk
: ' g\SHARED\WP\PROJECTS~OOLPHIN RESTAURANT~Develop~-e~CC 7-2~)-99. d~c
EXHIBIT "C"
Conditions of Approval
Project name: The Dolphin Restaurant
File number: MSPM 99-002
Reference: The Dolphin Restaurant, Major Site Plan Modification, File # MSPM99-002, Planning and Zoning
date stamped 6-15-99
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
X
1. Waste removal in connection with construction process must be serviced
by the City of Boynton Beach. Place note on dumpster detail to indicate
salne.
X
2. As per section 10-25 in the City Code, free dumping access to containers
at all times shall be provided by the user.
X
3. Applicant must delineate path of truck using dotted lines showing
entrance to facility and to the dumpster as well as exit.
UTILITIES
Comments:
X
4. Fire flow calculations will be required demonstrating the City Code
requirement of 1500 g.p.m, as stated in LDR chalk. 6, Art. IV, Sec.
16, or the requirement imposed by insurance underwriters, whichever
is greater. (see Sec. 26-16(a)). Please submit these calculations with
your building permit submittal.
X
5. Water and sewer lines to be owned and operated by the City shall be
included within utility easements. Please show all proposed easements
on the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated
in Sec. 26-33(a) of the Code.
X
6. This office will not require surety for installation of the water and
sewer utilities, on condition that the systems be fully completed, and
given to the City before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
certificate of occupancy.
X
7. It appears the existing water meter will be providing water service to the
existing and proposed building. Please provide calculations
indicating that the meter is sufficiently sized for the intended use.
Page 2
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
8. Appropriate backflow preventers will be required on the domestic water
service to all buildings, mad the fire sprinkler line if there is one, in
accordance with Sec. 26-207.
X
9. A building permit for this project shall not be issued until this office has
approved the plans for the water and/or sewer improvements
required to serve the project. (Sec. 26-15)
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
X
10. All plans submitted for specific permits shall meet the City's code
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any
others, shall be included with your permit request.
X
11. Correct the color of the handicap symbol and the stripes within the
accessible path.
X
12. Provide an Engineer's certification that the drainage system will conform
with all City rules, regulations and codes. [LDR Chapter 4, Section 7.F.]
X
13. On the Paving and Drainage Plans show all necessary traffic control
devices such as stop bars, stop signs, double yellow lane separator
stripes, directional arrows and Do Not Enter signs. [LDR Chapter 4,
Section 7.B.]
X
14. Provide specifications for those areas of new paving on the Paving Plan
and indicate whether the existing paving will receive an overlay.
X
15. Indicate that Type "D" curb will be installed around all landscaped
islands.
BUILDING DIVISION
Page 3
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS iNCLUDE REJECT
Comments:
X
16. Add to the floor plan and site plan a labeled symbol that represents the
location of the accessible entrance door to the facility.
X
17. Add to the floor plan and site plan a labeled symbol that represents the
location and path of the accessible route that is required from the
accessible parking space(s) to the accessible entrance door of the
building. Place a note on the drawing, next to the s3)mbol, indicating that
the accessible route is in compliance with Section 4.3 (Accessible Route)
and 4.6 (Parking and Passenger Loading Zones) of the Florida
Accessibility Code for Building Construction. Also, show and identify
the width and type of material proposed for the route through its entire
length.
X
18. To determine what impact the proposed construction will have on the
existing facility, a survey of the subject property is required. Additional
comments may be generated following the submittal of a current survey.
X
19. To determine what impact the proposed new improvements will have on
the existing facility, add the below listed information to the Project Info
chart found on sheet S 1:
a. Identify the total number of seats that are currently licensed at the
existing facility.
Indicate the use of the existing and new square footage. Also, identify
the classification of the bar/grill (restaurant) - is it a high turnover sit
down restaurant or quality restaurant? Identify the total number of new
seats.
X
20. Add a drawing that identifies and shows the location of all seating.
Chronologically number all seats.
X
21. Indicate and show on the site plan and floor plan drawing the use of the
covered patio area. If there are seats proposed for the patio area show
them on the plans.
X
22. Within the footprint of the new and existing building that is shown on the
site plan (sheet S1) and the proposed floor plan drawing, identify the
proposed finish floor elevation (N.G.V.D.). Add to the Project Info
found on sheet S1 the flood zone that the building is located within
including, where applicable, base flood elevation. If there is no base
flood elevation, indicate that on the plans. Also, add to the Project Info
data, notes and computations that will verify the proposed finish floor
elevation is in compliance with the minimum elevation required by the
Flood Zone and verify that the proposed finish floor is six inches or more
above the crown of the abutting right(s)-of-way.
Page 4
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
23. Considering that the request did not include a site sign place the
following note on the site plan: "Site signage is not approved for this
project. Separate site plan review and approval is required for site
signage."
X
24. To verify that the size of the proposed wall sign is in compliance with
the limitations of the Sign Code identify the length of the wall where the
wall sign is mounted. Identify the total sign area including providing
computations that verify the sign area is in compliance with the
limitations of the Sign Code. Drawings of the signage shall comply with
the applicable regulations specified in the Sign Code (Chapter 21 of the
Land Development Regulations).
X
25. Site lighting specifications are reviewed at time of permit review.
Therefore, mnend the note found on sheet S5 to indicate that the lighting
plan is showing type and height of pole, type of fixture and proposed
location of pole and fixtures only. Also, include with the note text that
indicates the other lighting specifications listed within the lighting notes
will be evaluated for consistency with code regulations at time of permit
review.
26. Compliance with the building codes will be evaluated at time of permit
review. The permit fee, water and sewer facility fees, county fees and
state fees will be determined at time of permit review.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZON1NG
Comments:
X
27. All plans shall be signed and sealed at the time of submittal.
X
28. Include in the tabular data the following informatior/:
a) Building height (Chapter 2, Section 6, Paragraph E4)
b) Setback requirements in tabular form
c) Zoning and land use designations
d) Correct the legal description plat information to match survey.
Page 5
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
29. Provide a handicapped accessible walk from the building entry to the
handicapped accessible parking spaces. (Chapter 9, Section 10,
Paragraph B) and (Chapter 23)
X
30. Provide a dimensioned sign detail showing materials, colors and method
of lighting. Staff recommends that the sign design shall incorporate
historical style lighting uplit or down lit fixtures which will also be
recommended as an architectural enhancement feature for the historical
buildings of the Ocean Avenue 500 Block revitalization project. Staff
also suggests the application of an architectural banding element that
promotes a greater differentiation between the parapet wall and the wall
sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article
IV, Section 6, Paragraph B & C)
X
31. On the site plan provide setback dimensions on the buildings. (Chapter
4, Section 7, Paragraph B)
X
32. Provide safe site triangles on the site plan and the landscape
plan.(Chapter 7.5, Article II, Paragraph H1)
X
33. All parking spaces shall remain tmrestricted and open to the general
public since the Central Business District 50% parking reduction is
utilized.
X
34. On the site plan and landscape plan label and dimension all required
landscape buffers. (Chapter 7.5, Section 5, Article II, Paragraph D)
X
35. Amend plant list to include 50% native shrub material. Provide proper
docmnentation to confirm compliance.
X
36. Label and dimension overall height of buildings on t'he elevation plan.
X
37.: On the building elevation plan, include all exterior colors and materials,
and submit samples and colored elevations.
;
X
38. Prior to building permit, provide a traffic study for the proposed
expansion for County review and approval.
X
39. Show minimum width of interior islands to be 5 feet, and minimum area
to be 25 square feet. Show calculation of required interior green space,
and amount provided. You may reduce requirement to 10 square feet if
one shade tree is installed per 4 interior spaces. (Chapter 7.5 Article III
Section 8.A.2)
X
40. Provide samples of colors and materials for the project.
Page 6
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
41. Identify the western limits of the project. Label whiOh parcels are not
included in this project.
X
42. Provide windows and architectural details identical to those on the front
fagade to break up the plain fagade as currently proposed along S.E. 1 st
Street.
X
43. Enhance the entrance to the front porch from the south end of the porch
coordinating it with the pedestrian enhancements recommended in the
"Dolphin Square" conceptual plan.
X
44. Per redevelopment plan design guidelines, site lighting should be
consistent with planned lighting for Ocean Avenue, and sign should be
externally lit with consistent upward or down cast light fixtures.
Redesign columns to increase classical style appearance (staffwill work
with applicant to achieve this style. Add defined cornice and moldings
similar to cornice design existing on the traditional buildings along
Ocean Avenue. Add building address to front facade in compatible font
and text size.
45. Submit rectified plans, including site plan and elevations ( all views) x
drawings showing compliance with all conditions stated herein.
46. To increase the historic appearance of the existing restaurant and X
proposed expansion, and to improve compatibility with 500 block
buildings,
a) raise up front parapet and colums 18" to 24" (both existing and
proposed portion of building), and wrap parapet around entire
project.
b) Increase height of parapet behind sign approximately 18" above
greater parapet to interrupt continuous plane of the roof line and
match the 500 block building.
c) Add decorative cornice along entire perimeter parapet (both
existing and proposed), similar to that proposed for the 500
block.
d) Windows (including on south side) shall match windows
proposed for front faf adc.
e) Raise rear parapet and cornice, similar to recommendation for
front facade. Existing and proposed parapet should be similar in
height.
f) Add columns on all sides similar to front fagade (approximately
eight (8) along rear fagade, beginning with column at each end).
Awning on existing building should be broken up or enhanced
by similarly designed columns.
g) Windows on south side should also match front.
h) Standing seam roof addition shall be replaced with continuous
parapet and cornice.
Page.7
File Name: The Dolphin Restaurant
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
47. Provide a dimensioned sign detail showing materials, colors and method
of lighting. Staff recommends that the sign design shall incorporate X
historical style lighting uplit or down lit fixtures which will also be
recommended as an architectural enhancement feature for the historical
buildings of the Ocean Avenue 500 Block revitalization project. Staff
also suggests the application of an architectural banding element that
promotes a greater differentiation between the parapet wall and the wall
sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article
IV, Section 6, Paragraph B & C)
48. To increase the historic appearance of the existing festanrant and X
proposed expansion, and to improve compatibility with 500 block
buildings,
a) raise up front parapet and columns 18" to 24"
b) Increase height of parapet behind sign approximately 18" above greater
parapet to interrupt continuous plane of the roof line and match the 500
block building.
c) Add decorative cornice along front similar to that proposed for the 500
block.
d) Windows shall match windows proposed for front fafade.
e) Raise rear parapet and cornice, similar to recommendation for front fagade.
f) Awning on existing building should be broken up or enhanced by similarly
designed columns.
g) Standing seam roof addition shall be replaced with continuous parapet and
cornice.
h) One-half column shall be used where space is inadequate for full column.
i) Sign colors and design shall be compatible with building color/design and
subject to staff approval of final shop drawings.
ADDITIONAL CITY COMMISSION BOARD COMMENTS tq O Iq ~.
49. To be determined
MWR/nl
J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\DOLPHiN RESTAURANT~CONDITIONS OF APPROVAL P&D 7-15.DOC