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Minutes 06-16-98
HINUTES OF THE REGULAR CITY COMf41SSION MEE'I'~NG HELD TN COI~If4ISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, 3UNE 16, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tern Nellie Denahan, Commissioner Jarnie Titcomb, Commissioner Dale Sugerman, Asst. City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order- Mayor Jerry Taylor Invocation offered by Reverend Conrad Braaten - Ascension Lutheran Church Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb Mayor Taylor called the meeting to order at 6:32 p.m. Reverend Braaten offered the invocation and Commissioner Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced a request to postpone Item IV-D.1 for 60 days and Item IV-D.4 for m0 weeks. Mayor Pro Tem Tillman requested the addition of a presentation in Item III.B.I. COmmissioner Denahan requested that Item IV-D.3 be removed from the Consent Agenda for discussion. A~orney Cherof requested that Item XI-B.1 be pulled from Ordinances on First Reading and be mbved to Item X-C for discussion. Atl:orney Cherof requested the addition of Item XI-C.1. This is a resolution approving an escrow agreement with Quantum Associates to secure performance of ecological mitigation acl!ivity. AsSistant City Manager Sugerman requested that Item IV-C.1 be removed from the Consent Aglenda. This proposed resolution involves approval of two contracts for Major positions in the Police Department. Additional work is required on this resolution. MEETZNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH, FLORTDA 3UNE 16, 1998 Assistant City Manager Sugerman requested that Ttem IV-E be amended to include "front loader insurance payment"i He reminded the Commissioners of the front loader that caught fire and, atthe time, we were not sure the insurance company would cover it or whether it could be repaired. The insurance has covered 100% of the repairs. The bill for those repairs is $24,305.61. AsSistant City Manager Sugerman added Item V-C, "Presentation by Henry Iler, Visions 20/20 Planning Consultant". 2. Adoption Mayor Pro Tern Tillman moved to accept the agenda as amended. seconded the motion that carried unanimously. Commissioner ~tcomb ApPointment To Be Made II Denahan III 3askiewicz Ma yor Taylor Mayor Taylor IIIi 3askiewicz IV l Tillman IVi lillman Il Titcomb MOtion ADMINTSTRATZVE: Appointments to be made: Board Bldg. Bd. Of Adj. & Appeals Bldg. Bd. Of Adj. & Appeals Cemetery Board Code Compliance Board Community Relations Board Community Relations Board Education Advisory Board Employees' Pension Board Length of Term Expiration Date. Reg 3 yr term to 4/01 TABLED 2 Alt i yr term to 4/99 Alt I yr term to 4/99 TABLED-2 Alt i yr term to 9/98 Reg 3 yr term to 4/00 TABLED-1 Alt 1 yr term to 4/99 Stu 1 yr term to 4/99 TABLED-2 Reg 3 yr term to 4/01 TABLED-2 Co 3a~ Wi re( mmissioner Titcomb moved to remove the tabled appointments from the table. Vice Mayor ;kiewicz seconded the motion that carried unanimously. Commissioner Denahan's approval, Vice Mayor 3askiewicz appointed Barry Goldman as a ular member of the Building Board of Adjustment & Appeals. M~ yor Taylor appointed Frances Cleary as an alternate member of the Cemetery Board. CommisSioner Titcomb appointed Richard Philpott as a regular member of the Employees' Pe lsion Board. M6tion Vic e Mayor Jaskiewicz moved to approve the appointments as stated and table the others. yor Pro Tem Tillman seconded the motion that carried unanimously. 2 MEETING MINUTES REGULAR CZ'I'Y COMMISSION BOYNTON BEACH, FLORIDA 3UNE 16, 1998 Ill. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Safety in Schools - Mayor Pro Tem Tillman Mayor Pro Tem Tillman read a statement into the record requesting the Commission's support of ia resolution addressing the problem of safety on school campuses. With the Commission's suPport, Mayor Pro Tem Tillman will seek legislation that would provide financial assistance to school districts that are proactive about this problem. Tn addition, Mayor Pro Tem Tillman has asked Virginia Farace to convey a message to the high school design team that we want a safe high school building that will include built in detectors. (A copy of Mayor Pro Tem l~llman's letter is attached.) COnsensus There was a consensus of the Commission to move forward with a resolution. 2. Presentations: Report on Summer Camp Registrations and Funding - Melody Green Wilfred Hawkins, Manager of Support Services, reminded the Commissioners that at the June 2n! meeting, Mayor Pro Tem Tillman inquired about the number of scholarships being offered fo~ the City's summer programs. The Commission directed staff to accommodate additional scl~olarship slots that would address affordability for very Iow income families. The Commission also directed staff to find funding to hire junior camp counselors using funding other than CDBG dollars. Staff was able to find the funding to accommodate 79 additional slots for children who qu~.lify under the Palm Beach County School Board free lunch prOgram at Ezell Hester Center and Wilson Center. Funding is available for eight junior camp counselors using Quick Victory funds. Community representatives have been in constant contact with staff on this matter since th~ last Commission meeting. i Melody Green, Recreation Superintendent, distributed handouts to the Commissioners. The first haodout hsted the scholarship funding sources. To date, $31,419 has been awarded in scl~olarship funds. There is a CDBG grant balance of $19,770. The total grant funding for scholarships is $51,189. The second handout depicted a comparison of selected summer camps and playgrounds. Our prices are at or below the fee charged by programs in Belle Glade, Gr~enacres, Lake Park, Lake Worth, Royal Palm Beach, West Palm Beach and Delray Beach. 3 MEETZNG MI'NUTES REGULAR CTTY COMMI'SSTON BOYNTON BEACH~ FLORZDA JUNE 16~ 1998 The fees we charge have covered summer camps and playgrounds since the inception of the programs. We charge affordable fees. Delray Beach charges $400 for residents for eight weeks and $480 for non-residents. At Pompey Park and Delray Full-Service Center, they offer a lower cost alternative at $200 for an eight-week session. They also charge a $25 activity fee. Lake Worth charges $200 for residents and $320 for non-residents. For the Hester Center and Wilson Center playground programs, our fees are $200 for residents and $250 for non- residents. An added benefit of our program is a scholarship program that has been in place since 1994. The scholarship program provides for 50% scholarships for students age 5 to 12 who are on free and reduced lunch programs as approved by the Palm Beach County School District according to federal government guidelines. Residents receive a discounted rate of 25% below the non-resident rate plus free extended care. In 1993, we offered four playground programs at Caloosa Park, Wilson Center, Rolling Green SChool and Hester Center. Registration and participation at Hester Center and Wilson Center increased with insufficient registrations at Caloosa and Rolling Green. The programs have continued to expand at Wilson Center and Hester Center. So far this year, the summer camps and playground programs serve 661 children. Additional children will be registered this week. The grant funding includes Community Action Council, Latchkey Children's Services Council, Recreation Donation Account with scholarships funded by the Boynton Beach Rotary Club, and the Community Development Block Grant (CDBG) Program. Th!e plan to accommodate 79 additional participants includes using the balance of the CDBG funding to offer additional financial assistance by charging a nominal fee of $20 for community members with the greatest financial need. These members would include Boynton Beach school age children 5 to 12 years old who qualify for Palm Beach County School District's free lu0ches. Since 69 of the children have been awarded scholarShips already at the 50% rate, st~ff plans to use the CDBG funding balance to refund $80 per registration for a total of $5,520. :In !order to provide additional accommodation at the lower rate for additional students, it is only fail- for us to be able to provide the same benefit to children who have been registered with the free lunch program up to this date. With the resulting CDBG balance of $14,250, 79 additional slc~ts will be available at $180 each. Each participant on free lunches will pay $20. Scholarships are awarded on a first-come, first-served basis with written verification of free lunch status and residency required. To accommodate these additional 79 participants, summer camp and playground registration is belng extended to noon on .lune 22"? Additional staff must be hired to accommodate the additional participants. Checks for $20 must accompany each scholarship application in order tolprocess the applications. These applications and payments must be delivered to Sharon Go]den at the Civic Center. Children on reduced lunches still get the 50% scholarships. For children who qualify for free ludch and who pay $20 for eight weeks, the summer playground cost is five cents per hour. This charge includes daily breakfast and lunch at Wilson Center. For those residents qualifying fori reduced lunches and who pay 50%, the hourly rate is 25 cents per hour. The residents who doinot qualify for scholarships pay an hourly rate of 50 cents per hour for playground programs. 4 MEETTNG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORZDA .1UNE 16~ 1998 In addition to providing the 79 scholarship slots for children on free lunch status, we are able to respond to the community need for summer employment for teens aged 14 to 17. Eight junior reCreation attendants will be hired to assist with the program through the Quick Victory fund balance. This amounts to approximatley $10,000 for the summer. Commissioner -I~tcomb asked about the cost per child to put these children through the programs. Ms. Green advised that there will be a $4,000 deficit because the cost per child exceeds the scholarship fee. The deficit is covered through the total camp program. Commissioner Titcomb questioned how many children are in need of the City's programs. Ms. Green responded that staff has been told that there are 60 children ready to qualify for our programs. COmmissioner Titcomb noted that there is only a $50 difference between residents and non- residents in terms of cost. He questioned why we are so lenient with non-residents. Ms. Green i . adwsed that there is an additional charge of $100 for non-residents for extended care at the summer camp programs. Commissioner Titcomb suggested charging a larger premium to help offset the costs of community children. Vi~e Mayor ,laskiewicz inquired about the number of non-residents who apply for these prggrams and whether or not residents receive preference. Ms. Green advised that ail programs have a minimum of two weeks lead time for residents to apply. Information on scl~olarships is disseminated through advertisements in the September, December and Spring/Summer £z#Tfare issues in addition to newspapers and presentations to community forums and local groups. ViCe Mayor Jaskiewicz questioned whether any of the activities are decreased because of the indreased enrollment. Ms. Green responded negatively. Mayor Pro Tem Tillman inquired how the City could better determine the number of children we need to service each year. Ms. Green said the numbers are based on historical data from year- to,Year. Those numbers depend on a number of factors including competition in the area. Enrollment has been steady over the past few years. We expect the number of children we are servicing this year to increase to approximately 900 later in the summer. Commissioner Denahan questioned how staff arrived at only 60 additional children needing serVice from the City. Ms. Green advised that feedback from the community and staff at Hester Center and Wilson Center provided the number. Mr. Hawkins added that the number is based onlinquiries that have been received in the past two weeks. There are more children who require service, but the analysis is based on the number of inquiries received. In response to Mayor Taylor, Ms. Green said we do not subsidize any non-resident children. t-IEETI'NG M'rNUTES REGULAR C'rTY COMM'rSSI'ON BOYNTON BEACH~ FLORZDA 3UNE 16, 1998 Mayor Taylor asked if we have a method of determining whether or not the parents are working. Ms. Green advised that the City has information for the Latchkey program only. We do not have that kind of information for the camps. IVlayor Taylor expressed concern about subsidizing children if the parents are sitting at home doing nothing while the City entertains their children for the summer. He confirmed with Ms. Green that our programs are for eight weeks at a charge of $200. The programs are subsidized at 50% amounting to a charge of $100. This equates to $13 per week to have the child participate in summer camp. The request is to allow children to participate in the programs for a total of $20 for eight weeks. This amounts to $2.50 per week. Mayor Taylor said he could not support this request because the City is being very generous providing a program at $13 per week. Mayor Taylor also has a problem with the City's liability in putting children 14 to 17 years old, with no training, in charge of younger children. He would support a proposal to employ these children in other offices in the City. Ms. Green advised that the youth 14 to 17 years old are not responsible for the children. They wi!l provide assistance in handing out lunches and other routine duties. The full-time professional staff supervises them. They will have to be screened and secure their parents approval for medical screening. This would be a learning experience similar to a Counselor-in- Training type of program. Mayor Taylor feels it would be normal for a 14 year-old child to assume he/she is in charge of younger children. He does not feel comfortable that the City could police that situation. He recommended that staff explore using these youth in other capacities. Mayor Taylor said he would be in favor of subsidizing the needy children at 50% or $100, but he cannot support reducing that amount. Tn response to Vice Mayor .laskiewicz' question, Ms. Green advised that children other than those who get free or reduced lunches bring their lunch to the summer camps or playgrounds. Alii children participating in the programs at Wilson Center are entitled to free breakfast and lunch. The food program is also open to any child in the community. Vice Mayor Jaskiewicz questioned whether or not there have been parent volunteers for any of th~ programs. Ms. Green advised that the parents rarely volunteer because they are working. HOWever, we have had volunteers. Those volunteers are screened and fingerprinted. Commissioner Titcomb confirmed with Ms. Green that the criteria to meet the scholarships are through the Palm Beach County school system. Those who qualify for free lunches at school m~et. a certain Iow-income level that entitles them to a scholarship. The Palm Beach County School District guidelines are in alignment with the federal guidelines. The guidelines include items such as income and whether or not parents are working. Commissioner Denahan disagreed with Mayor Taylor's remarks and stated she would not want to ~exclude any children from the summer camps because of cost. She feels the City needs to raise responsibility for its children. She thanked Ms. Green for her efforts on this and feels we need to support our children. MEETI'NG MTNUTES REGULAR CZTY COHMTSSZON BOYNTON BEACH~ FLORZDA 3UNE 16, 1998 Vice Mayor .laskiewicz explained that if the City were to concern itself with every child that is in need of a program, 60 would be scratching the surface. The City is not taking care of the entire community. Tt is looking after a small segment of the community. Mayor Pro Tem Tillman said Visions 20/20 talked about a brand new Boynton Beach. We want to make this a community to be proud of not only through buildings. If we service our people, they may be here to help us appreciate those buildings. He recommended that the Commission step aside from what appears to be a negative financial situation in favor of what is moral. The City needs to support its children. ViCe Mayor Jaskiewicz suggested that everyone who registers indicate if the parents are available to assist with the program. She believes this should be a requisite. Mr. Hawkins agreed that staff would be reviewing this issue. Volunteerism would help the City reduce the number of required hired help. Mr. Hawkins pointed out that the City is on the cutting edge with this proposal. No other city is using CDBG funds for these programs. We are responding to needs in the community. He is hopeful we will be able to get the community more involved in providing these services. Ms. Green said she is not certain we would be able to get the parents involved this year, but staff will come up with a plan requiring parents to do some volunteer hours to qualify next year for scholarships. It would be possible to equate a certain amount of scholarship dollars with a certain amount of volunteer hours. Mr. Hawkins said staff will report back to the Commission on. this issue. Although Mayor Taylor agrees that we must take responsibility for our children, he believes that responsibility begins at home with the parents. The City has taken some responsibility by prOviding these recreation programs. People cannot always turn to government to meet their needs for free. MOtion Mayor Pro Tem Tillman moved to fund the 79 new openings in Recreation with the adequate funding that was talked about from CDBG grants. Commissioner Denahan seconded the mOtion. commissioner Titcomb feels the City must take a serious look at implementing some of the innovative ideas discussed for next year's programs. Perhaps a sliding scale, a true assessment of icost per child and increasing the cost for non-residents is the way to go. The City should continue to take care of its own. Ms. Green advised that these programs have been operating from the fee schedule approved by the Commission by resolution in 1991. She offered to propose another fee schedule with inc!reased rates for non-residents to help offset the cost for Boynton Beach residents. The motion carried 4-1. (Mayor Taylor dissented.) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .JUNE 16, 1998 IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of June 2, 1998 M:otion. Commissioner Titcomb moved approval. Mayor Pro Tem Tillman seconded the motion. Mayor Taylor corrected the first line of the second paragraph on the first page of the minutes to read, "Mayor Taylor announced a minute of silence would be observed for Jerzy Lewicki, a valued City employee who passed away this week." The motion carried 5-0. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Motion to multi-award the Annual Contract for the Purchase of Street Signs and Accessories for New, Repair(s), and Replacement(s) - BID #055-502-98/C]D - Contract Period: June 16, 1998 to June 15, 1999 Motion to award the "JULY 4TM FIREWORKS DISPLAY" to Zambelli Internationale, with an amount not to exceed $23,000 (July 4th Fireworks Display- RFP #061-721-98/SP) Motion to piggyback School Board Palm Beach County Bid #SB98C- 157P/Term Contract for Asphalt Paving, to Charles S. Whiteside for Phase V - Redevelopment and Construction of Swales and Water Mains, with an estimated expenditure of $22,500 C. Resolutions: Proposed Resolution No. R98-105 Re: Approving two contracts for Major positions in the Police Department for James Cummings and Stephen Graham Item C.1 was deleted from the agenda at the request of Assistant City Manager Sugerman. Proposed Resolution No. R98-106 Re: Authorizing the Mayor and City Clerk to execute an amendment to drainage easement granted to the City by Home Depot U.S.A., Inc. to reduce the area defined by the original easement 9 *Remarks made by Commissioners during the quasi-judicial hearing and part of the verbatim transcript were attributed toM ale 91 and Male %2. Also, Vice Mayor Jaskiewicz' comments on Pages 42 & 44 were credited to Mayor Pro Tem Tillman. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .JUNE 16, 1998 Proposed Resolution No. R98-107 Re: Approving the signing of an Underground Facilities Conversion Agreement with Florida Power & Light for the construction of underground electric lines along East Ocean Avenue as part of the East Ocean Avenue Bridge project Proposed Resolution No. R98-108 Re: Authorizing and directing the Mayor and City Clerk to execute an interlocal agreement between Palm Beach County (County) and the City of Boynton Beach (City) providing authority to the County to enforce County Ordinance 97-56 regulating locally licensed contractors and unlicensed construction activity within the City limits Proposed Resolution No. R98-109 Re: Releasing Letter of Credit No. 383 from Ist United Bank for the project known as Military 6/Crescent Center. The current value of the letter of credit is $5,900. Ratification of Planning & Development Board Action: Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fence along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (TABLED TO 6/16/98) :Item ]:V-D.1 was postponed for sixty (60) days. Amerope Enterprises, Inc. - Request for use approval to add wholesale distribution of x-ray and nuclear shielding glass products to the High Ridge Commerce PID list of permitted uses. (7.AB/.£O 7'0 ./U/V_~ .~ Banyan Cove Apartments - East side of US #1 approximately 300 feet south of Lake Street - Request for site plan approval to construct 180 apartment units and private recreation on :[7.13 acres Item ]:V-D.3 was removed from the Consent Agenda for discussion. Self-Storage facilities (William Morris/Kilday & Associates, ]:nc.) - Request to amend the Land Development Regulations, Chapter :[ and Chapter 2, to expand the definition for self-storage facilities to differentiate between limited access self-storage facilities and multi-access, self-storage facilities; to add limited access self-storage facilities to the list of permitted uses within the C-:[, Office/Professional zoning district, and to change the design requirements, Iocational criteria and other development standards for self-storage facilities. MEETTNG MTNUTES REGULAR CI'TY COMM'rSSI'ON BOYNTON BEACH~ FLOR.TDA 3UNE 16~ 1998 Item IV-D.4 was postponed for two weeks. E. Approval of Bills MOtion Co!mmissioner Titcomb moved to approve the Consent Agenda with the deletion of Item C.1, postponements of Items D.1 and D.4, the exception of Item D.3 and the addition of the front loader insurance. Commissioner Denahan seconded the motion that carried unanimously. cONSENT AGENDA 'rTEM FOR DI'SCUSSI'ON: Ztem 1~/-D.3. Banyan Cove Apartments - East side of US #1 approximately 300 feet south of Lake Street - Request for site plan approval to construct 180 apartment units and private recreation on 17.13 acres Chuck Yannette, 900 SW Hiqhway 1, 3upiter, Florida, approached the podium. Commissioner Denahan asked Mr. Yannette to explain the reason for moving Building #9 to the west. Mr~ Yannette said the reason for moving Building #9 is to provide more shoreline. ApProximately eight or nine parking spaces will be lost as a result of the move. However, the apPlicant could look at the project to try to find some additional spaces on the site. The 18 garages on the site are included in the total number of parking spaces. There is no assigned packing. However, the parking spaces in front of the garages would be two spaces for that unit. At iCommissioner Denahan's request, Mr. Yannette displayed colored elevations of a typical bu!lding. The roofs will be terrcotta to match the buildings in Via Lago. There are a variety of colors for the buildings. The colors will be rotated from building to building so that no two bu!ldings will be identical in color. Commissioner Denahan noted that Via Lago residents would have access to the dock. She inquired about the ownership of that dock and she questioned the use of wood for the retaining ME th~ sul in sa~ rk Hanson said there is a small portion of wood wall being used to get adequate slopes at natural beach. There is only approximately 2' or 3' exposed. There will be a more ~stantial structure at the pool area. The retaining walls are being used for different purposes :lifferent locations. In some locations there are existing trees the developer is attempting to ,e. In addition, the site must be raised to meet Code requirements. 10 MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORZDA ~UNE :~6f 1998 ViCe Mayor Jaskiewicz asked if the residents' concerns expressed at the Planning & Development Board meeting had been addressed and adjustments made. Mr. Yannette responded affirmatively. He explained that Building #15 will be a three-story structure, but it will be constructed so that portions of it will be one-story. There will be substantial buffering between the two properties. Via Lago was in agreement with this method. COmmissioner Titcomb reminded Mr. Yannette that there was concern expressed at the Planning & Development Board meeting about the elimination of handicap spaces at some of the amenities. Mr. Yanette felt the concern related to parking in the area of the pool. No handicap spaces have been removed in that area. There is a parking lot even closer to the pool building than the ones being removed. The same handicap spaces will remain. Mayor Taylor asked if verbiage exists in the comments that sets a minimum number of parking spaces for this project. Mr. Rumpf said the plan now meets Code with one surplus space overall. Mayor Taylor also pointed out that there was discussion at the Planning & Development Board meeting about stipulating that if the elimination of the parking is approved, there would be no ad~ditional buildings put in place of that parking. Mr. Rumpf explained that the applicant is near th~ upper end of their maximum in density. MOtion Co!mmissioner Titcomb moved approval. Vice Mayor .~askiewicz seconded the motion that ca,tied unanimously. V, cz'rY MANAGER'S REPORT: Consider request submitted by -Iqm Deen requesting permission to close SW 9th Avenue between SW 1st Street and SW 2nd Street in order to have a block party on July 4, 1998 MOtion Commissioner Denahan moved to approve. Commissioner Titcomb seconded the motion that carried unanimously. Report on Speed Humps - Larry Roberts, Director of Public Works La[ry Roberts, Public Works Director, reported that a survey was conducted and the feedback was interesting. Staff sent out 135 questionnaires and received 50 returns. (A copy of the surVey is attached to the original minutes of this meeting on file in the City Clerk's Office.) Mr. Roberts reviewed the questions and answers. Tt Was obvious from the survey that the neighborhood likes the speed humps and the major traffic problem relates to cut-throughs. Mr. Roberts feels that if cut-throughs are the issue, 11 I~1 EE'i"~NG M?NUTES REGULAR CI'TY COMI~II'SS?ON BOYNTON BEACH~ FLOI~DA .]UNE 16, 1998 there may be better ways to solve that problem than with speed humps. While he believes there is a need for speed humps in certain neighborhoods, other neighborhoods might lend themselves to realignment of traffic. :It is obvious that each neighborhood will have to be juClged on an individual basis. The City needs to establish the parameters for traffic calming devices. At Assistant City IVlanager Sugerman's request, Mr. Roberts explained that there are a number of imethods available for traffic calming. Tn particular, redirection of traffic flow will discourage cut-through traffic. Cut-throughs can also be addressed with "no turns" on certain streets. M~. Roberts does not feel speed humps are the ideal traMc calming devices. Traffic signs can beI used in neighborhoods with a lot of cross-streets. Boca Raton is using round-abouts to calm traffic. Heavy landscaping, curvature of the road and anything within 6' of the edge of pa~,ement tends to slow traffic. Rumble strips are being tested in some areas and heavy enforcement is effective. Vi.~e Mayor .laskiewicz asked if the traffic robot records speeds. Chip Kuss advised that the robot could be programmed to record speed. In general, the robot is set up to display the speed of oncoming traffic. Vice Mayor .laskiewicz said she would like the speed on Congress Avenue recorded. With respect to the Chapel Hill program, one of the most likely alternatives to the speed humps was to do a single road enclosure at SW 4th and 28th that would have cut off the shortcut route. Wl~en the speed humps were first installed, the Police and Fire Departments were opposed to a road closure. Other cities have used closures as an effective means of making it an inconvenient route. This can be done with a temporary planter while the method is tested. Coimmissioner Titcomb met with the Southeast Seacrest neighborhood recently and became aware of the traffic problems they are experiencing. This neighborhood may benefit from specific closures. He pointed out that we do not have a plan, a funding source or a traffic engineer. Commissioner Titcomb is hopeful that the Commission will listen to the residents as we go through the Visions process and the budget process. Tt is important to find solutions for the neighborhoods. M~Yor Pro Tem Tillman agreed with Commissioner Titcomb's remarks. He feels we need direct intervention. M~. Roberts expressed concern about the speed humps because some young people are using th~m as jumps. Commissioner Titcomb added that the speed humps are an attraction for skateboarders. Bulent Kastarlak, Director of Development, added that the field study was backed with technical research. There have been no cases of litigation against a city using speed humps. However, sp~ed humps should be used discreetly. There are other methods that can also be used and Development agrees to work with Mr. Roberts to develop a plan. 12 MEETING MINUTES REGULAR CI'FY COMMISSION BOYNTON BEACH, FLOR/DA · JUNE 16, 1998 ViCe Mayor _laskiewicz requested that staff investigate to learn why Tampa banned speed humps in their city. Bill Schmallz, Boynton Leisureville, said his community has cut-through traffic and no enforcement by Police. He reminded the Commissioners that he submitted two petitions requesting speed hump installations in Boynton Leisureville. Maurice Rosenstock, One Villa Lane, asked Attorney Cherof if case law exists with regard to liability. Attorney Cherof advised that there were a number of cases that dealt with this issue. He agieed that if an injury occurred, the liability remained for the entity or individuals who put the bump in place. M~. Rosenstock recommended that the Commission carefully consider this issue before putting speed humps in place. He further pointed out that emergency response is slowed by these installations. He recommends enlarging the survey and then carefully considering the facts. Mayor Taylor explained that staff has done extensive research on this issue. There has been no successful litigation using speed humps. While this solution is not a panecea, there are applications where this can be effective. :In the Chapel Hill neighborhood, 80% of those su~eyed feel the program has been successful. Mayor Taylor is willing to move ahead with the speed hump program by instructing staff to create a budget item so that we can begin to ac~:umulate money for this program. We can look at ways to prioritize a list of requests for installation. Tf funding is available, we could begin installations immediately. Commissioner Titcomb agreed with Mayor Taylor's remarks. It is important to put a revenue source in place to address this issue. There are specific neighborhoods with specific traffic preblems that can be resolved through some sort of calming device. He supports moving forward. Mayor Pro Tem Tillman feels a funding source is needed and we need to look at specific parameters of the road. It is time to move forward and respond to the situations that exist. Mayor Taylor directed staff to start to put together a list of areas that want speed humps, and contact residents to see what their desires are. Mayor Taylor requested that the City Manager Io0k at the budget to see if there are any funds available to begin immediately in some areas. Mayor Taylor would like this to be a budget concern for the upcoming budget. Commissioner Titcomb suggested that staff be creative in their solutions and not automatically put in speed humps. C. Presentation by Henry ]:ler, Visions 20/20 Consultant AT THIS POINT IN THE MEE'rZNG, MAYOR TAYLOR MOVED THE AGENDA TO ADDRESS PUBLIC AUDIENCE PRIOR TO ITEM "C". MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .JUNE 16, 1998 PUBLIC AUDIENCE: Sandra Allen, new business owner at 612 Federal Highway, feels Visions 20/20 is wonderful. However, her vehicle was stolen three days ago from Federal Highway. She suggested that the City enact a curfew to remove youth from the streets after 11:00 p.m. Ms. Allen complained that she watches prostitutes and drunks from her business office on a daily basis. She questioned whether a petition is necessary to request instituting a curfew in this City. She commended the Police Officers but feels they need assistance. Co!mmissioner Denahan recommended that Ms. Allen participate in the TNCA Homeowners' AsSociation since they are addressing these issues. Mayor Taylor advised that this issue was discussed previously and overwhelmingly opposed. ViCe Mayor .~askiewicz further advised that this issue was opposed during a community forum apProximately eight years ago. Dorothy Walker, 707 NW 3rd Street, feels the Commissioners set the agenda for political correctness with integrity and dignity. We can agree to disagree without smearing the character of our residents. M!ke Hazlett said he moved his family to Boynton Beach in October. He also moved his company here from Delray Beach. His Occupational License fee is based on square footage. ~[n Palm Beach County, the fee is $25 per year. Tn Delray Beach, the fee was $125. Tn Boynton Beach, the fee is $250. This includes a $40 application fee. He feels this is very unfair and asked for justification for the fees that are being charged. AsSistant City Manager Sugerman explained that he spoke with Mr. Hazlett about this situation an~l explained that the City is not prepared to make changes to the rules and regulations. The Ci~ of Boynton Beach has a full year fee and a half-year fee. Although there may be value in reviewing the fee schedule, Mr. Sugerman was not prepared to make a recommendation to the Colmmission to lower this fee. Mr. Hazlett feels the fee structure is inequitable. vanessa Edwards, 604 NE 2nd Street, thanked Wilfred Hawkins and Melody Green for de~veloping the proposal to permit additional children to enter the recreation programs. She exp. lained that the majority of the mothers involved work. Many of them have four, five and six children. Thirteen dollars per week per child is more than most of the women in the projects cap afford. She urged the Commissioners to have sympathy for these children. She thanked the Commissioners for supporting the proposal. Sarah Williams, 1331 SW 27th Avenue, said she was devastated by remarks made this evening. She felt the dignity of motherhood and parenthood had been insulted. She pointed ou! that some of the mothers are working two and three jobs. Other cities give money to MADD and the Urban League because they are the people who feed into sources of Iow, Iow inC~ome. The Block Grant dollars are being used mostly for development of downtown. She 14 t4EETTNG [41'NUTES REGULAR CTTY COPlM1'SSTON BOYNTON BEACH~ FLORTDA 3UNE 16, 1998 reminded the Commissioners that when you help a child, you help a community. The City cannot lose when it invests in a child. Veronica I~lackey, 180 NE 19th Avenue, disagreed with the Mayor's opinion regarding the recreation programs. She agrees that there are people who are not working and should take ca~e of their own children. However, she pointed out that others are working. Although she can afford to pay for her own child's recreation program, she wanted to speak for those who coUld not. She knows that for some people, $13 per week could put a meal on their table. She also claimed that the Commissioners were deceived about the services that are offered in these programs. Ms. Mackey said there are very few activities at Wilson Center and Hester Center. MS. Mackey evaluated the services at these two centers and they were substandard. She said she did not put her son in those camps because of the lack of services and poor customer serVice. The playground and equipment at Wilson Center are substandard. She urged the Commissioners to sample the food that is provided. MS. Green advised that the City has done a good job in retention at Wilson and Hester Centers. In l response to a public request for a less expensive program, playground programs were instituted. The activities include sports, games, arts & crafts, and carnivals. This year, educational components are being added that tie in reading and conflict resolution. These activities, in addition to the lunch program, provide a good program for $200. With scholarship dollars, this program is being offered for $20. Ms. Green urged the community to suggest ar~.~as of improvement and to report problems with customer service. M~yor Pro Tem '~llman recalled making reference in the past to the equipment and condition of Wilson Center. In the past, the Commissioners were told Wilson Center was clean. Mayor Pro Tern feels this was a "slap in the face". He asked if the equipment matches the equipment at otl~er facilities. He feels Wilson Center needs a complete overhal. If this Center is not going to be dealt with directly, the City needs to get rid of it. This facility needs to be equal or better th;~n other City facilities. MS. Green advised that Wilson Center is open from 7:30 a.m. until 5:30 p.m. for summer ca ~ps. Tn the evening, it is open until 9:00 p.m. for free play. The equipment is excellent; however, some of it is being replaced. A new pool table was donated by Hunters Run. There is $20,000 budgeted in this fiscal year to purchase additional equipment and items for this facility. These purchases are being made. Facilities Management is working on upgrading the interior of Wilson Center. Staff will follow up with Bill DeBeck. Vice Mayor Jaskiewicz pointed out that the Civic Center is similar to Wilson Center. Both bulldings are old. However, Hester Center is one of the City's finest buildings. Ms. Green agleed that Hester Center is our only multi-million dollar recreation community center. Staff is ve~ proud of that facility. M~yor Taylor said poverty does not have a color in his mind. However, the administration of social programs must be monitored. 15 MEETZNG MTNUTES REGULAR CTTY COMHTSSTON BOYNTON BEACH, FLORZDA 3UNE 16, 1998 Herb Suss is concerned about the hidden costs associated with the summer programs. He believes non-residents should be charged a substantially higher rate than residents for these programs. Mr. Suss also applauded Mayor Pro Tem Tillman for his proactive approach to the school safety issue. Mike Fitzpatrick, 101 SW 4th Avenue, is a member of the Recreation & Parks Board. He haS spent a great deal of time with Ms. Green working on projects in this City. As far as integrity and advocacy of programs for the poor in Boynton Beach, her performance is admirable. He pointed out that there is only one playground south of Woolbright Road. Hester Center is the Cadillac of our recreation in Boynton Beach. While he agrees that the Wilson Center needs to be replaced, he pointed out that the Civic Center also needs to be replaced. Recreation & Parks does everything it can with the funds available. He feels you can depend on what IVlelody Green said in her presentation. David Fellows, 638 NE 9th Avenue, suggested charging a fee for the first or second child and substantial scholarships for additional children in the family. Tt is important to have positive activities for the children during the summer. Visions 20/20 proposes $20 million toward the construction of buildings and redevelopment in the downtown. Tt is important to remember the programs that must be provided to the community. Mr. Fellows complimented the Mayor for his candor and believes it is important for people to know where he stands on issues, C. Presentation by Henry !ler, Visions 20/20 Consultant Mr. !ler is the Project Manager for the Visions 20/20 project. He reported that the consultant has produced a neighborhood traffic calming document that reviews all of the alternatives with pictures and graphics. He urged the Commissioners to review the document. Since the workshop meeting on June 3rd, the consultants have worked on implementation priorities. The consultants were flexible on the priorities wanting to get input from the Commissioners and City staff. A supplement has been produced to the last two chapters of the Executive Summary. (This document was not distributed to the Commissioners.) Some of the priorities involve the stormwater facility, the fourth promenade, the Ocean Avenue promenade, the marina area Phase ! surface parking strategy and the City Club at Boat Landing Park. The consultants also recommended that the Ridgewood neighborhood improvements and the Gateway improvements go forward as well as the neighborhood planning program now in place. The strategy has been "bricks and mortar are good". However, it is important to make sure the neighborhoods are upgraded. These are the major construction and neighborhood recommendations that are scheduled for implementation during the first two or three years. He urged the Commissioners to review the supplement. The consultants have also included updated financial data presented by City staff at the workshop meeting. They are moving forward with the preparation of the final report that will MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3UNE 16, 1998 be submitted to City staff on June 30th as a draft for review. He recommended scheduling a presentation to the Commission at the July 21~t meeting. Mn. Iler encouraged the Commissioners to contact the consultants with respect to priorities. VII. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Alhambra Square North Malek and Associates Norman ,1. Michael Northeast corner of Congress Avenue and SW 23rd Avenue (Golf Road Request for site plan approval - quasi-judicial hearing Attorney Cherof administered the oath to all testifying during these proceedings. He announced the list of exhibits as follows: Site Plan Review Application 6/9/97 Site Plan Sheets 1-10 Development Service Department Memorandum 97-444 August ]L6, 1997, Pages 1-15 Land Development Regulations, Chapter 2, Zoning, Section 6 Commercial District Regulations and Use Provisions DUring the hearing, the following additional exhibits were presented: A list of 12 pharmacies by zoning district A three-page Walgreens Corporate Website print-out Board depicting the site plan Participating in this public hearing were: · Cynthia Henderson - law firm of'Rudnick & Wolfe, 101 E. Kennedy Boulevard, Tampa, Florida - representing the Milnor Corporation Allen Bumber- representing Walgreens Karen Meyer-Buesing - Attorney - law firm of Zinober & McCrae - participating on behalf of the applicant Les Stevens - Attorney - 301 Yamato Road, Boca Raton, Florida - Special counsel to the Planning Department Mike Rumpf - Acting Director of the Planning & Zoning Division - City of Boynton Beach 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .1UNE 16~ 1998 Walter H. Keller, Registered Professional Engineer, State of Florida, & Certified Planner Ms. Henderson advised that the applicant was aware of all conditions of approval and agreed with all of them. She said two conditions were discussed at the Planning & Development Board. one additional condition was requested by the Boynton Leisureville Community Association with regard to the commencement of construction within six to nine months. The applicant requested that condition be added to the conditions of approval. The applicant requested modifications to Conditions 43 and 47. MS. Henderson said the City and property owner entered into a Stipulation and Settlement Agireement governing the property. That agreement set forth the zoning, land use and the site plan guidelines required for site plan approval. The applicant must satisfy each of the technical standards of the Code and comply with the Settlement Agreement in order to receive approval. UPon satisfaction of the technical standards and agreement of the conditions, the City must approve the site plan. Thiis site was zoned residential during the 1980s. The property owner requested rezoning to a commercial designation. That request was denied. A lawsuit ensued and the property owner anU the Boynton Leisureville Community Association entered into very intense negotiations for this site with a land use designation of Office and Commercial. It was understood this site would be developed as commercial. Boynton Leisureville wanted to make sure there were guidelines and development standards that would ensure compatibility with their community. As a result of the Settlement Agreement, the site was rezoned to a C-1 use. At the zoning hearing in 1990, the only discussion that was part of the record after opening the public hearing w~ s the attorney stating that a public pharmacy would be a permitted use. The board moved fo~ approval and the zoning was approved. ~[n September, the applicant came before the Commission with a request to approve the site pl~n stating it was consistent with the Stipulation and Settlement Agreement and requesting ap )roval for the site plan with the conditions, amending Conditions 43 and 47 and adding the co ldition requested by the homeowners. The applicant is in court on the first issue with regard to enforcement of the Stipulation and Settlement Agreement. A trial is scheduled for June 29th. The applicant is seeking approval of what the Boynton Leisureville Community Association has st~ted they would like on this property. The Stipulation and Settlement Agreement stated Bo 'nton Leisureville was the sole beneficiary of the guidelines and terms and conditions. M,~. Henderson referred to the staff report. The site is vested for traffic and concurrency and parking will exceed the requirements by at least three spaces. The site will meet the Code requirements for landscaping and the site is architecturally compatible with the surrounding ne ghborhood. S~gnage w~ll meet all s~gn requirements. Condition #43 deals with access. The applicant has requested to be required to comply with w~at Palm Beach County wanted for approval of the access since the road is in their jurisdiction. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .JUNE 16, 1998 Condition #47 deals with zoning. The applicant requested that the statement be added, "if it were required'; to make it consistent. The project meets the minimum lot frontage of 75; minimum lot depth of 120; and the minimum lot area exceeds the 9,000 square feet. Maximum lot coverage for the building is 40%. This building will cover 15.8%. The minimum front yard is 30'; side is 10' and rear is 20'. The applicant exceeds those requirements. The maximum structure height is 25' and the applicant meets all of those conditions. The Planning & Development Board meeting was unconventional because none of the discussion related to the site plan. :It focussed on the use of the land. The comments were not releVant to the site plan. There was a community newsletter distributed that acknowledged that the existing zoning authorizes Iow activity commercial daytime uses and states that a pharmacy and medical office are compatible with other facilities in the area. The hours are limited on the site plan as required by the Stipulation and Settlement Agreement. There was also agreement that no liquor would be sold at this site. The comments from the editor of the newsletter (a Planning & Development Board member) were focussed on the medical office building and whether or not that use was real. Staff reported that the site plan was consistent and should be adopted. There were letters in support of the public hearing. IVlS. Henderson realized the Commissioners may be uncomfortable based on litigation regarding the definition of a pharmacy. She reminded the Commissioners that the applicant is only requesting approval of the final site plan for a medical office building and a proposed pharmacy with the conditions recommended by staff and the modifications suggested by the applicant. Attorney Cherof said the dependency of the court action is not dispositive to the issue of w~ether the building on this version of the site plan is depicted as a pharmacy, but on the original application is depicted as a drugstore. Dependency of the lawsuit does not preclude or prevent the Commission from reaching that issue if it is pertinent to the disposition of the site plan. Attorney Cherof feels the Commission must get to that issue since it is part of the application. Ms. Henderson stated that the most recent site plan submitted to the City shows the project as a @harmacy. Originally, the engineer, who is not experienced on these matters, named it a drugstore. He was not clear about the difference between a pharmacy and a drugstore. Ms. Henderson said there is no definition of "drugstore" in our Code. Pharmacy is defined by State law as a licensed facility to prepare prescriptions and sell them. The applicant is requesting apProval of a pharmacy and a medical office building. Le~ Stevens, Attorney, Special Counsel for the Planning Department, explained that the pe:itioner was attempting to fit a "square peg into a round hole". This is a question of first im ~ression in the fact that, "Does the petitioner meet the zoning criteria in order to meet the sit plan criteria?" 19 IqEE'I/NG MZNUTES REGULAR CZTY COF4MZSSTON BOYNTON BEACH, FLORTDA 3UNE ::L6, 1998 A T THXS t~OXNT~ ATTORNEY STEVENS CALLED MXKE RUMPF~ AC'IXNG DZRECTOR OF THE I~LANNXNG AND ZONXNG DZV~SXON~ TO TEST~rF~. THE QUASZ=.~UD~TC~AL Stan DubS, President of the Estates of SJlverlake Homeowners' Association, said he was prepared to review a list of objections. However, he submitted that list and letters to the Commissioners previously. He referred to an Tnternet printout from Walgreens Corporate web page. The web page states Walgreens is a chain drugstore that is growing faster than any otl~er drugstore chain. They refer to their outlets as stores - not pharmacies. "New Walgreens' stores are freestanding buildings conveniently located at major intersections. The stores introduce themselves with highly visible readerboard signs, some electronic. Ample parking and easy in-and-out access are mandatory...". The web page further acknowledges that the stores include pharmacy waiting areas, consultation windows, flagrance bars, food departments and cle~rk-served photofinishing departments. Mr. Dub~ said the intersection of Golf Road and Congress Avenue does not qualify as a major intersection. The required items such as easy in-and-out access and highly visible readerboard signs are not appropriate in a residential area. Mr. Dub~ pointed out that in addition to Walgreens drugstores, they also operate Walgreens Po(Press and Walgreens Pharmacy. These are 2,000 square foot stores with drive-through pharmacies that also stock about 650 of the most popular over-the-counter medications. Some unlts also offer one-hour photofinishing service. Walgreens operates more than 40 RxPress and Pharmacy locations. Walgreens operates AdvanceCare institutional pharmacies. These facilities sPecialize in long-term care prescription services including unit dose programs, daily on-site de!ivery and medical records. Recently, infusion therapy has been added. Walgreens also operates six Walgreens Home IVledical Centers in the Midwest. (A copy of the web page is attached to the original set of minutes on file in the City Clerk's Office.) Mri. Dub~ questioned why Walgreens did not propose a pharmacy. He further asked why W~lgreens attempted to mislead the City Commission and the Planning & Development Board. Herb Suss, a resident of Quail Run, feels enforcement of the Codes is for his protection. Approval of this store will increase traffic in the area. A problem already exists between Woolbright Road and Golf Road. He urged the Commission to deny this request for his protection and for the protection of his community. .lb ex pr~ in se~ th~ n Reed, 2458 Cranbrook Drive, Vice President of the Estates of Silverlake, ~ressed concerns about the design and site plan as proposed. Tn the 1997 Annual Report ,'pared by Walgreens, the introduction says, "Walgreens, one of the fastest growing retailers the United States, leads the chain drugstore industry in sales and service. Our drugstores Ye 2.4 million customers daily." This introduction makes no reference to "pharmacies". Tn letter to the shareholders, the CEO consistently refers to Walgreens drugstores. He never 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3UNE 16, 1998 refers to pharmacies except in the component within a larger store. Not even Walgreens thinks their retail stores are pharmacies. In attempting to solve this problem, Mr. Reed recommended the following: 1. The applicant should propose a use that fits within the C-:[ zoning. 2. There should be a landscape plan that matches the surroundings, compatible with the 20/20 plan and other landscaped areas around this location. A good example is the Woolbright Office Center. 3. A building should be proposed on the site that fits in with the surroundings. A standard Walgreens appropriate for Old Boynton Beach Road and Congress Avenue is not appropriate for this residential area. Tn the original site plan, the office building had no tenants and no schedule for construction. That meant there could be no sign plan for the tenants in the building. Therefore, the only sign that could be erected would be for Walgreens. We need an appropriate sign plan that would accommodate everyone in that location to advertise their business on the one sign. Whatever is proposed should be built on the lot and a Certificate of Occupany should be allowed once the site is complete. SCOtt Berger questioned the need for another Walgreens in Boynton Beach. He listed all of the Walgreens stores located within Boynton Beach. Gary Fishman, Diane Drive, felt this proceeding required more control. He recommended putting these lengthy issues at the end of the agenda and limiting people in the amount of time they may speak. BOb Borovy, 2521 SW 11th Street, reported that he took a telephone survey about this project in January of this year. He telephoned 95 people in Golfview Harbour and received answers from 75. Sixty-five of those people had no objection to this project. Ten people opposed the project. Ken McKenzie, resident of Silverlake Estates, reiterated that there are three Walgreens within a two-mile radius. Mayor Taylor read a letter from Helene Lubin of 2674 SW 23rd Cranbrook Drive. Ms. Lubin supports the site plan for the Walgreens drugstore at the northeast corner of Congress Avenue and SW 23rd Avenue. (A copy of Ms. Lubin's letter is attached to the original copy of these minutes on file in the City Clerk's Office.) WTI'H NO ONE ELSE WTSH[NG TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC HEARING. Msi. Henderson offered a rebuttal and clarification of comments made during the hearing. 21 PlEET'rNG M'rNUTES REGULAR C'rTY COMM'rss'roN BOYNTON BEACH, FLORTDA 3UNE 16, 1998 Vice Mayor 3askiewicz feels it is ludicrous to infer that the definition of a pharmarcy is not included in our Code. Pharmacies have medical and surgical supplies, orthopedic, invalid and convalescent supplies, eyeglasses and hearing aids. She pointed out that even if every resident of Leisureville and Silverlake Estates was happy with this project, she would still not support it because it does not fit in a C-1 zoning district. :In her opinion, Walgreens is a very convenient department store. ViCe Mayor ]askiewicz said she read the Stipulation and Agreement. When the rezoning took place, the applicants were very pleased that they were able to rezone from residential to the C- I Category. A conceptual plan was submitted at that time that showed two joined buildings facing Congress Avenue that might include a pharmacy. This proposal is an intense use on SW 23rd. There are many other locations that could accommodate this use. However, the area in question is not suitable. Mayor Pro Tem Tillman said there are issues other than the fact that this parcel is not zoned for this use. He disagrees with an owner shopping a project prior to securing the tenants. That leads to problems such as this. He further disagrees with the attempt to gain approval from the Commission before the applicant concludes this matter in court. Vice Mayor ]askiewicz added that in 1988, the Milnor Corporation solicited support from the surrounding areas. In one of the items of information distributed, the Milnor Corporation stated that "the zoning requested for our property is for professional use only with no retail shops of any kind". This is the way the Milnor Corporation sold this to the community at the time. Vice Mayor .]askiewicz feels this is a breach of faith to now try to change that. The applicant got what he wanted at the time and now feels that is not enough. Attorney Cherof advised that the applicant is back before the Commission because he reversed his previous opinion to the Commission that they should defer to the court to make an interpretation. Attorney Cherof now believes the Commission must make that determination under site plan application review. The Commission must move forward on the administrative level so that the applicant has exhausted the administrative avenues. Mayor Taylor could not understand why the applicant did not request a rezoning if they wanted to ibuild this store as proposed. He pointed out that there was a great deal of discussion about what the Code does not say. Sometimes, silence speaks louder than words, if the Code enumerates what is allowed, it should not have to enumerate everything that is not allowed. Mayor Taylor does not feel this proposal can be justified as a simple pharmacy. :It is a retail store and the property is not zoned for it. Commissioner Titcomb cannot support this request because all evidence points to a use that is not permitted in the C-1 zoning district. The applicant is playing with words to make something fit. The intent of this agreement from the beginning was not to put a retail outlet in this location. :It is not appropriate in this residential community and does not fit in the C-1 zoning. Hel will not support it. 22 MEE'rZNG MTNUTES REGULAR CZ'I'Y COMMTSSTON BOYNTON BEACH~ FLORZDA 3UNE 16, 1998 Commissioner Denahan concurred with all comments made and particularly appreciated comments made by Vice Mayor .laskiewicz. MOtion COmmissioner Titcomb moved based upon the evidence presented this evening, that the site plan application, as submitted, is denied. Mayor Pro Tem Tillman seconded the motion that carried unanimously. MAYOR TAYLOR DECLARED A BI~EF RECESS. THE MEE-I~NG RECONVENED AT 10:40 P.M. V:[I'Z. BZDS: None DEVELOPMENT PLANS: None X. NEW BUSZNESS: Motion to ask Palm Beach County to amend their Five-Year Road Plan to move funding from one of the Lawrence Road widening projects (budget year 2000/2001) into the proposed bridge project for Lake :[da Park & B/E Aerospace Mayor Taylor advised that at today's County Commission meeting, the five-year road plan was addressed. Mayor Taylor spoke with Commissioner Lee and explained that the City had a concern about the funding for this road. Our recommendation was going to be to transfer funding from one project in the area to pay for the bridge project. Commissioners Lee and MCCarty agreed to address this issue. However, before they were able to address the concern, a member of COWBRA opposed this suggestion. Since Commissioner Newell was caught by surprise, he also opposed the transfer. Therefore, Commissioners Lee and McCarty did not address the issue. Dqring the discussion, the Commissioners decided to eliminate the Roebuck Road project that released $3 million. Commissioner Lee then addressed the Lake :[da Park bridge funding. The CoUnty estimates the cost of this project to be $645,000. They agreed to fund $500,000 of this project and asked the City to find the additional $145,000. De!nnis Eshelman expressed concern that the park closes at night. Mayor Taylor feels we will be able to work out that problem. We can work with B/E Aerospace to make sure that all, or the majority of deliveries are made during the daytime. Mayor Taylor feels this is a giant step forward. Vide Mayor .laskiewicz is pleased with the results because she would not have supported delaying the widening of Lawrence Road. She explained that when she attended the COWBRA 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA 3UNE 16~ 1998 meeting last month, a traffic engineer intimated that part of the Lawrence Road project was going to be delayed. The delay had nothing to do with the Lake Tda Park bridge project. Gary Fishman did not want to take funds away from Lawrence Road. However, there are grave traffic concerns on Diane Drive. Mr. Fishman possessed a report of numerous amounts of speeding on that road. Strict enforcement is needed in this area. He appreciates the County COmmissioners coming to the rescue of this community. He asked for an immediate commitment from the City Commission with respect to the $145,000 to commence the project. Mayor Taylor advised that the City's budget would have to be reviewed to see if those funds are available. Orin Weisberg, Sausalito Place, was concerned that the Lawrence Road project was going to ibe delayed because there is construction in progress of a 318 unit complex. All Goodhart, Sausalito Place, advised that 12 developments have been constructed on LaWrence Road over the past three years. He feels that if B/E Aerospace has grown substantially, they should donate the money for the bridge project. Mayor Taylor advised that B/E Aerospace is not concerned about driving through the neighborhoods. The City and County are responding to requests from the community. Co!mmissioner Titcomb suggested approaching Delray Beach to make a donation toward the funding for this project since they will also be impacted. AsSistant City Manager Sugerman advised that the City will look at all sources to find that $145,000. The $645,000 price is an engineer's estimate. Tt has not been designed yet and the right-of-way has not necessarily been acquired. This is a preliminary estimate prepared by the CoUnty Engineering Department. He recommended allowing plus/minus 20% until the actual construction estimates are complete. Mayor Taylor pointed out that since this was the County's estimate and it is their land, anything exceeding that amount would be the responsibility of the County. Designation of Voting Delegate at the 72nd Annual Florida League of Cities Convention - August 13-15, 1998 The Mayor and all Commissioners will be attending this convention. Commissioner Titcomb volunteered to serve as the Voting Delegate. MOtion Commissioner Denahan moved to designate Commissioner Titcomb as our Voting Delegate. Mayor Pro Tem Tillman seconded the motion that carried unanimously. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .JUNE 16, 1998 Cm Proposed Ordinance No. O98-18 Re: Amending Chapter 1, General Provisions; Chapter 20 Sick Leave with Pay; Chapter 24 Longevity Benefits; and Chapter 30 Effective Date of the Personnel Policy Manual Attorney Cherof advised that he and Art Lee met yesterday with members of the blue-collar union and they pointed out that they were not aware of the underlying reasons or rationale for some of the changes. They implied that they would like the matter deferred until they have some input with their members. The administration shares the same sentiment that all employees should be fully informed before this is brought back to the Commission. Attorney Cherof recommended deferring this item for one or two meetings so that the employees can be educated. Richard Stone, 111 SE 1't Street, said he has some serious concerns regarding this proposed ordinance to amend the PPM. A Labor Management team worked diligently to develop the PPM. That Labor Management team has not been consulted about these amendments. The Labor Management team should have been convened to address these amendments. Mr. Stone feels that based on past history in the City, the persons responsible for these amendments might have decided to sidestep the Labor Management team because they might not support the amendments. There has been no forum for any input by the affected employees and the affected employees have not been provided with copies of the PPM. Mr. Stone particularly objects to the amendment that states a Civil Service employee who is promoted after .luly 7, 1998 shall be subject to the conditions of the PPM as a condition of promotion. The Ordinance did not originally state this. The Ordinance stated that current employees would have the option to remain civil servants. Mr. Stone feels the voters were misled because they voted on what was stated in the Ordinance. They were not aware strings would be attached. Mr. Stone feels this is a move to force employees into the PPM. In addition, lump sum bonuses are being offered if the employee opts into the PPM before October 1, 1998. Although this appears attractive at this point, the PPM can be changed at any time by Ordinance. A year from now, this could be changed. Mr. Stone feels this is an attempt to dissuade employees from voting in favor of the two bargaining units being proposed. Over the last year, the City has focussed on cooperation and team efforts. This attempt is contradictory to this era of cooperation. He pointed out that employees had no input with respect to the reorganization plan or the proposal to go to biweekly pays. Mri Stone proposed that the Labor Management team be convened to address these proposed ardendments and that affected employees be provided with copies of the PPM. The affected e~ployees should have input through a formal process to make sure the input gets to the right source, and the employees should be kept up-to-date on any changes proposed. Mri Stone pointed out that there is a great deal of emphasis on the City of Boynton Beach becoming a world-class City and everyone is looking externally. There are very serious internal prqblems in this City. He would like these matters addressed similar to the way external matters are addressed. 25 MEETI'NG MTNUTES REGULAR CTTY COMPlTSSTON BOYNTON BEACH~ FLORZDA 3UNE 16, 1998 Mike Osborne, Utilities Department, explained that this Ordinance does not affect him because he is a union member. However, he hopes to be promoted someday in the future and this Ordinance would force him into the PPM. He said he attended the Architecture for Excellence and learned that it is of the utmost importance to know our suppliers, customers and what services we provide. While the citizens are the overall customers in Boynton Beach, it is important to remember that the workers are the City's customers also. Tt is important to get information to the employees. There is a need for total communication throughout the City.. Mayor Taylor agreed that it is very important to open the lines of communication between the employees and management. Tony Lombardi is a five-year employee with the City. He is a supervisor in Utilities and not under a union contract. He has been given the option to remain a civil servant or go with the PPM. The foremen in his division have the same option and have been reviewing the PPM for a long period of time. However, changes are being made before this plan is instituted. Mr. Lombardi said he was almost affected by this Ordinance because he was recently promoted. Mr. Lombardi said he heard he was automatically going to be placed on the PPM. When he inquired about this in Human Resources, it was "hushed up". The employees are aware of the team concept and the changes that are occurring and they accept them. He questioned how he can present this plan to his subordinates when changes are being made before it goes into affect. He also questioned whether or not these changes will continue to happen in the future. He requested something solid to work with. Attorney Cherof said Mr. Lombardi's name and position were never discussed with respect to the PPM. All of the changes reflected in the draft Ordinance were discussed without respect to any individuals or specific positions. The PPM will keep pace with the change of this community. Mr. Lombardi stated that if the employees are going to be involved with the PPM and have to wOrk with it, they must be kept updated about the changes. The employees must buy into it and let everyone know how they feel about it. Wilfred Hawkins, Manager of Support Services, said management is not oblivious to what the employment body is concerned about. There was an attempt to get feedback on the changes. The employees were asked to provide any comments or concerns about the document so that they could be incorporated in any changes. The Labor Management team was not convened, but that is something that will be done. Mr. Hawkins said there is no attempt to hide information and keep the employees in the dark. Management is always willing to listen and walnts to make sure employees feel comfortable and have input into what is going on in the citY. MrI Stone said there is a whole body of employees in this CitY unaware of what is in the PPM. Hei feels management has an obligation and responsibilitY to inform them. 26 F,1EETZNG MI'NUTES REGULAR C'rTY COMM'rSSTON BOYNTON BEACH, FLORZDA .~UNE 16, 1998 Mr. Hawkins advised that there were attempts to get the information out to the employees. Perhaps not everything was done, but management will address the employees' concerns. The Labor Management team will be convened. There has not been an attempt to hide information. Mayor Taylor pointed out that it was management's request to withdraw this Ordinance this evening to allow time to talk with employees. All employees should be able to get a copy of the PP'M. Mr. Stone explained that many departments were not provided with the proper information. Attorney Cherof said Mr. Stone was on the Labor Management team and participated in the drafting of the PPM. He was provided with a copy of the final document when it became available. As a union representative, he shares the responsibility to make sure the information is passed along. This is a team concept. Mri. Stone pointed out that it is not his job to make sure the document gets to all non- contractual employees. Anne Smith, has been a City employee for 23 years. She agreed that the employees did not know about this change, and the Labor Management Committee had no input. Ms. Smith wants to remain a civil servant. The voters eliminated the board. That leaves a car with no engine. Ms. Smith pointed out that she will be punished if she remains a civil servant. Wt~en Mayor Taylor explained that she has the option to remain under civil service, Ms. Smith retorted that she would not be able to be promoted. Mayor Taylor explained that the Ordinance has not yet been brought forward to the Commission. It will be restudied. Mr; Stone advised that if the employees had not expressed their concerns and made people aware of their concerns, this process would not have been on hold this evening. Assistant City Manager Sugerman disagreed with Hr. Stone's remarks. He reported that at the senior staff meeting two weeks ago, most of the staff expressed a concern that the proposed amendments had not been circulated through the organization. In addition, management did not have the input of the Labor Management Committee or a reading of the issue by most of the employees. At that meeting, a decision was made to circulate the document through the organization and to the Labor Management Committee to receive feedback. That process broke doWn. Assistant City Manager Sugerman took responsibility for the breakdown. He asked the Mayor, Manager of Support Services and City Attorney to withdraw this item tonight. This item wa~S placed on this agenda before he realized the process had broken down. When he learned on!Friday that the information had not been circulated through the organization, he made a request to remove it from the agenda. XZ~ LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3UNE 16,, 1998 Proposed Ordinance No. O98-16 Re: Amending Employees Pension Plan to include disability retirement 6116198) the General (TABLED to Proposed Ordinance No. O98-16 remained on the table. Proposed Ordinance No. O98-17 Re: · Amending Chapter 2.5, "Alarm Systems" to create Section 2.5-18 providing for departmental review of false alarm response service fees charged to property owners in the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. O98-17 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. MOtion Mayor Pro Tem Tillman moved to approve Ordinance No. O98-17 on second reading. Vice Mayor .laskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1~t Reading Proposed Ordinance No. O98-18 Re: Amending Chapter 1, General Provisions; Chapter 20 Sick Leave with Pay; Chapter 24 Longevity Benefits; and Chapter 30 Effective Date of the Personnel Policy Manual This Ordinance was removed from Ordinances on first reading and discussed under Item X-C. Proposed Ordinance No. O98-19 Re: Regarding the application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast corner of the Gulfstream Mall); annexing a certain unincorporated tract of land that is contiguous to the City limits within Palm Beach County and that will, upon annexation, constitute a reasonably compact addition to the City territory, pursuant to a petition by the owner of said tract of land, requesting annexation pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida, and sections 171.044, and 171.062(2), Florida Statutes; providing the proper land use designation and proper zoning of the property shall be reflected in separate Ordinances to be passed simultaneously herewith and providing that this Ordinance shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida Attorney Cherof read Proposed Ordinance No. O98-19 by title only. 28 MEE'I-ZNG MTNUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH~ FLORTDA 3UNE 16, 1998 MOtion Vice Mayor .laskiewicz moved to approve Ordinance No. 098-19 on second reading. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-20 Re: Regarding 3025 North Federal Highway (Barrera Property) Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Commercial High Tntensity (County) to Local Retail Commercial (City) Attorney Cherof read Proposed Ordinance No. 098-20 by title only. MOtion Colmmissioner Titcomb moved to approve Ordinance No. 098-20. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-21 Re: The application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast corner of the Gulfstream Mall) amending Ordinance 91-70 of said City by rezoning a certain tract of land more particularly described herein from CG (General Commercial in Palm Beach County) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. O98-21 by title only. Motion Mayor Pro Tem Tillman moved to approve Ordinance No. O98-21. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R98-110 Re: Authorizing and directing the Mayor and City Clerk to execute an escrow agreement between the City of Boynton Beach and Quantum Associates to secure performance of a scope of work to bring property into compliance with the ecological report Attorney Cherof reported that this property was sold. :In conjunction with the sale of the property, there was outstanding environmental mitigating repairs and corrections to be made that will take place over the next year. To ensure performance of those repairs, this escrow agreement requires the value of that work plus 10% to be placed into escrow and released when the work is completed, or to be paid over to the City. 29 TO: Mr. Mayor, Vice Mayor, Commissioners: Tonight I seek your support in the form of a resolution that addresses the problem of safety on our school campuses. Specifically, we need to gain the support politically and financially to deter the infiltration and proliferation of guns on our school campuses. Recently we took part in the Fly-in to Washington, D.C. This trip was an excellent opportunity for us to talk to federal public officials concerning local problems. While in the company of Attorney General Janet Reno, I asked her the question as stated: "We continue to see the .proliferation of handguns and use by school age children at school centers. Is there any plan by your Department or the Administration at large to deal with this plague in our society?" Her response was she asked for my card and went on to rattle about some measure unrelated to that question. Since that visit we have witnessed the continuation of this violence being perpetrated by children on school campuses. We can stand by no longer and watch. We must be pro-active. Boynton Beach is in the design phase of building a high school by the school district. I have asked our point person, Ms. Virginia Farace, to convey to the design team our wish to design a safe high school building. This should include exploring and building in detectors that will detect weapons at points of entry. Moreover, with the Commission's support, I will seek legislation from Our Florida delegation that will provide for the financial assistance for school districts that are pro-active for this problem. Our local delegation to Tallahassee can also play an integral part by addressing this problem in new legislation from the State level. In the next few days, a letter will be drafted to all parties concerned, especially the White House and the Attorney General, regarding our efforts to respond to this national problem with a pro-active solution. MEETING MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLOR/DA ]UNE 16, 1998 Attorney Cherof read Proposed Resolution No. R98-110 by title only. Motion Mayor Pro Tern Tillman moved to approve. carried unanimously. None D. Other: XIII. Commissioner Titcomb seconded the motion that None UNFINISHED BUSINESS: A. Commission Action of Code Compliance Board Matters: None OTHER: X/V. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adiourned at 11:25 p.m. A1-FEST: Cit~lerk _ .. f,~/eputy City Clerk (sik Tapes) 30 Excerpt from City Commission Meeting (transcribed from previously recorded cassette tapes) City of Boynton Beach, Florida June 16, 1998 Mayor: Okay. At this time, we're going to move on to Public Hearings. And the first project - I'm going to mrn it over first to the City Attorney. I believe he needs to swear everybody in before we - City Attorney: Okay. Thank you, Mayor. This is a public hearing on a site plan application. The City Commission conducts these hearings as a quasi-judicial hearing, meaning that the testimony of the wimesses will be under oath. The property that is the Subject of the site plan application is located at the northeast corner of Congress Avenue and Southwest 23rd Avenue, Gulf Road. The applicant is the Milnor Corporation; the project is known as Alhambra North. Anybody who intends to testify will need to be sworn, so if you do intend to come up to the microphone to speak in favor of or against or for any other reason With respect to the project, at this time I would ask that you stand and please raise., your fight hand and be sworn. Attorneys who are representing the applicant or the City do not need to be sworn, as your statements will not be considered testimony but opinion and argument. Raise your right hand. Do you swear or affirm that the testimony you are about to give in this proceeding will be the troth, the whole la-uth and nothing but the truth? .Thanks. When you come to the microphone, please identify yourself, confirm that you have been sworn, state your qualifications to testify, if any. There are a number of documents that are a part of the Cornmimion back-up this evening. They are a part of the record automatically. If either the applicant or the City wish to designate additional exhibits to be made part of the record, you need to announce what they are, make certain they are numbered and marked by the Clerk and we will keep a list of them. The f~rst four documents that. are part of the record are the Applicant Site Plan Application which is dated 6/9/97; the 10 sheets of the Site Plan which were submitted in conjunction with the application; the Development Service Department Memorandum 97444 which is dated August the 26th, 1997 - it's pages 1 through 15; and a portion of the Land Development Regulations, specifically Chapter 2, Zoning, Section 6, which deals with commercial district regulations and use provisions. Mayor, back to you. Mayor: Okay. Thank you. At this time I would ask the applicant, who is going to be making the presentation for the agent. Please identify yourselves when you make the presentation. Ms. Henderson: Good evening, Cornmiasioners. My name is Cynthia Henderson with the law firm of Rudnick & Wolfe, 101 East Kennedy Boulevard, Tampa, Florida. Thank you for giving us the opportunity to speak thia evening. We do represent the Milnor Corporation. We're here tonight requesting final Site Plan approval - Mayor: Before you go any further, I would like each person that's going to make a presenta- identify yourself so we know who is representing - The three of you are going to be presenting - Ms. Henderson: I don't know. Mayor: Okay. That's - you're two for the - and this is our City person. Okay. Ms. Henderson: Correct. Alan Bumberg, who is a representative for Walgreens, is available to answer questions, but I don't anticipate he'H be testifying unless there are specific questions. Mayor: Mr. Stevens: to the Planning Department. Mayor: Okay. Okay. Then you will be - please identify yourself. Les Stevens, attorney, 301 Yamato Road, Boca Raton; Special Counsel I would ask the applicant if they have reviewed the recommended 2 conditions of approval. Ms. Henderson: Correct. Yes, we have. Mayor: Okay. And I would ask if you would identify by number which conditions they are not in agreemem with. Just the ones you're not in agreement with. Ms. Henderson: We are in agreement with all the conditions. There were two that were discussed at the Planning and Development Board that were recommended and staff approved a slight modifications to those. And then there was another condition that was requested by the Boynton Leisureville Community Association with regard to the commencemem of construction within six to nine months which we had requested be added to those. We've requested modification of Condition 43 and 47, and then the addition of the condition requested by Boynton Leisureville Community Association. Mayor: Okay. So now you're in agreement with all the conditions, right? Ms. Henderson: That's right. Mayor: Okay. Now at this time you could make your presentations. Ms. Henderson: Okay. What we're requesting tonight is ministerial in nature, which would be similar to your approval of a subdivision plat for a boating permit. The City and the property owner entered into a stipulation and settlement agreement governing the property. That agreement basically set forth the zoning, the land use and the Site Plan guidelines that would be required for Site Plan approval. As you may be aware, we must satisfy each of the. conditions, the technical standards of your code, and then we must also comply with ~the settlement agreement in order to receive approval. Upon satisfaction of those technical standards and. upon our agreement of those conditions, the City then must approve our Site Plan. By way of background, the site was zoned residential in the '80's. The property owner requested a rezoning to a commercial designation and it was denied. A lawsuit then ensued and then the property owners and the Boynton Leisureville Community ASsociation entered into very intense negotiations for the site. With a (indistinguishable) designation of office and commercial, it was understood that the site would be developed as commercial and' Boynton Leisureville wanted to make sure that there were guidelines and development standards that would ensure that whatever was built would be compatible with what they wanted to be built adjacent to their community. They have approximately 892 residents in that community. As a result of that settlement agreement, the site was then rezoned to a C-1 use. At the zoning hearings back in 1990, the only discussion that was part of the record after opening the public hearing was the attorney specifically stating that a public pharmacy Would be a permitted use. The Board then made for approval and the zoning was approved. Back in September we came before you on two issues. The first issue was a motion - there was a request to enforce - approve our Site Plan stating it was consistent and compatible with the stipulation and settlement agreement. The second was requesting approval for the Site Plan with the conditions as I just stated amending 43 and 47 and adding the condition requested by the homeowners. We are in court on our fast hearing - on our first issue with regard to the motion to enforce the stipulation and settlement agreement and have a trial scheduled for June 29th. So tonight's discussion is on the second issue which relates to final Site Plan approval. We're merely seeking approval of what the Boynton Leisureville Community Association have stated they would like on this property. And also by way of background was part of the stipulation and settlement agreement, it was expressly stated that Boynton Leisureville wa.~ the sole beneficiary of those guidelines and those terms and conditions. So what they thought and what they wanted was very important in what the court directed, that they were the ones that needed to be satisfied in order to obtain approval of the site. I'd like to review the staff recommendations and conditions on the Site Plan specifically. The Site Plan - or the staff report is very lengthy. But it talks about the existing site characteristics, which is primarily vacant with some hedges. The surrounding uses are the residential. There's a proposed ACLF across Golf Road. A medical office 4 building is also proposed as part of our Site Plan. So a pharmacy is specially suited for this area. For traffic, the site is vested from concurrency, parking. We will exceed the code requirements by at least three spaces. The landscaping, the site will fully meet the code requirements. Design plan, the site is architecturally compatible with the surrounding neighborhood. Silence on site will meet all silence requirements. And with regard to compliance with the stipulation and settlement agreement, your staff has stated that the conditions of the agreement have been incorporated. Just by way of background, those conditions related to buffering, height limitations, dumpster location and lighting. You had also requested that condition from the residents as I've stated. The two minor changes to the conditions were 43 and 47; 43 dealt with access and we had recommended that we be required to comply with what Palm Beach County had wanted for approval of the access since the road was on their jurisdiction. (Indistinguishable), we had recommended adding a condition or statement that basically said if it were required, that phrase, to make it consistent. On the Site Plan, you can see under the - we meet the minimum lot frontage of 75 feet; minimum lot depth of 120 feet; minimum lot area. We exceed the 9,000 square feet; we've got just under four acres. On optional lot coverage for the building is 40 percent; we're at 15.8 percent. The minimum front yard is 30, side is (indistinguishable), rear is 20; we exceed those. An option on structure height is 25 feet not to exceed two stories; we meet all of those conditions. With any of the other comments and recommended conditions from the different departments, for the sake of time I won't go through those in detail, but we do agree with those. There were some issues raised at the Planning and Development Board and unfortunately that meeting was quite unconventional in that none of the discussion at that meeting related to the Site Plan. instead it focused on the particular use of the land and the comments unfortunately were not relevant to the Site Plan. There was a community newsletter that was put out that acknowledged the existing zone authorizes lay activity commercial daytime uses and states that a pharmacy and medical office building are compatible with public facilities in the area. The hours are limited on the Sit~ Plan and as required by the stipulation and settlement agreement, they wouldn't be a disturbance to the neighborhood. There is also an agreement that no liquor would be served at this site. The letters and most particular comments from the editor of the newsletter, which is also on your Planning and Development Board, were focused primarily on the medical office building and whether or not that proposed use was real, whether they ever intended to build that building. Staff conditions were not raised. The only part of the record from the City's perspective was that the staff report that the Site Plan was consistent and should be adopted. There were letters in support at the public hearing. I understand that you may be uncomfortable based on litigation and over what is a pharmacy on this particular issue for tonight. If you're not comfortable with addressing that issue, we are merely requesting that you approve our final Site Plan for a medical office building and a proposed pharmacy with the conditions recommended by staff and the modifications that we suggested. Thank you for your time and if you have any particular issues, I'm available and also the Walgreens representative. Mayor: Thank you. Okay. The City - City Attorney: Mr. Mayor, if I just can just to clarify one point so that the applicant may want to address this. The pendency of the court action is not disposifive to the issue of whether the building on the left of the Site Plan, which I think on this version is depicted as a pharmacy but on the original application is depicted as a drugstore - the pendency of the lawsuit does not preclude or prevent the Commission this evening from reaching that issue if it's pertinent to your disposition of the Site Plan. And in point of fact, you're gong to need to get to that issue since it is part of the application. Ms. Henderson: The most recent Site Plan that we have submitted with the City does show there's a pharmacy. Originally the engineer who was not experienced on these matters put a drugstore., just not really being clear, common usage - the difference between a pharmacy and a drugstore. I don't know what a drugstore is. There is no del'tuition for a drugstore in your code. I do khow what a pharmacy is, and a pharmacy is defined by state law as a licensed facility to prepare prescriptions and sell those prescriptions. So I know Walgreens is a pharmacy. If you will drive by any Walgreens in the state, you will see Walgreens Pharmacy. You do not see Walgreens Drugstore. Mayor: Thank you. Ms. Henderson: We are requesting tonight specifically for approval of a pharmacy and a medical office building. We're not requesting approval for a drugstore. Mayor: Mr. (Indistinguishable). Mr. Stevens: (Indistinguishable) Commissioners, thank you. For the record, .Les Stevens, attorney, Special Counsel for the Planning Counsel. If I may just provide a bit of clarification on the Petitioner's statements that were made with regard to some of the representations and agreements that were made by the Petitioner at the P&D meeting with ~egard to time of closing and no sale of liquor. Those were matters that were addressed at the P&D Council and the matters before you with regard to the settlement agreement that was listed addressed the zoning of the property, the classification, the land use, as well as certain items with regard to height and the like. But I did not want the City Commission to be misled that there were other stipulations as part of the settlement agreement with regard to time and liquor sales. That being said, a very short statement and then I have two witnesses to present. Basically what we have here is the Petitioner trying to fit a square peg in a round hole. Just because a building has the proper setbacks and the proper heights doesn't mean they can put it anywhere they want. And there is a question of first impression and the fact is does the Petitioner meet the zoning criteria in order to meet the site Plan criteria. In other wOrds, I may want to put a building in a residential area, and I may meet ali the Site Plan requirements for that building, but I don't have the proper zoning for it. You can't have one without the other. Planner. I Mr. Rumpf: Mr. Stevens: Mr. Rumpf: Mr. Stevens: Mr. Rumpf: Mr. Stevens: Mr. Rumpf: I'd like at this point in time, like to call Mike Rumpf, he's the City don't lettow how we want to logistically handle this, but - I guess I can take the mike. I think there's a microphone over there. Or you can use this one. Thank you. Please state your name for the record. Yes. My name is Michael Rumpf. And what is your position? The Acting Director of Planning and Zoning Division. Mr. Stevens: Okay. As part of your responsibilities, Mr. Rumpf, did you prepare a Staff Report Memorandum for the proposal on the North Site Plan? My division did, yes. And you reviewed that plan with them? Mr. Rumpf: Mr. Stevens: Okay. Mr. Rumpf: Yes. Mr. Stevens: Okay. report is listed as one Mr. City Attorney, I believe that you have already stated that that of the exhibits that are part of the record? City Attorney: It's listed as Exhibit No. 3. Mr. Stevens: Male: Mr. Stevens: Thank you. That's as far as I'm going, to get. For the record, Mr. Rumpf, could you please state what condition No. Mr. Rumpf.- Mr. Stevens: Mr. Rumpf.' Verbatim or - Verbatim please. {Indistinguishable) The proposed 13,905 square foot drugstore with drive-through is not a community use in a C-1 zoning district. No permits will be issued until an application to rezone the property from C-1 to C-2, a small-scale (indistinguishable) and amended stipulated agreement approved by the City Commission and DCA. Mr. Stevens: How is the property currently zoned? Mr. Rumpf: It is C-l, office commercial. Or office professional. I'm sorry. Mr. Stevens: (Indistinguishable) point out the site and the (indistinguishable) that is around it as - and the evidence is the L1A or 3. City Attorney: Mr. Mayor, for the record, that I believe is page 5 of Exhibit 3. Mayor: Is that right? Could somebody confu'm that? Mr. Stevens: Mr. Rumpf, I direct your attention to Section 6A of the Boynton Beach Code. This is the Zoning Code, Subsection I. It's part of the record, I believe, Mr. City Attorney.' Will you please read from the Subsection I as to the permitted uses in a C-1 specifically relating to pharmacies? Mr. Rumpf: Yes. Item I reads: Pharmacies, medical and surgical supplies, orthopedic, invalid and convalescent supplies, eyeglasses and hearing aids. Mr. Stevens: Okay. Would you say that the purpose of a pharmacy is predominantly a direct supplement to the doctors' offices and professional uses of the remainder of the Site Plan? Ms. Buesing: Objection. My name is Karen Buesing. Since this is a quasi-judicial proceeding I will be participating on behalf oi~ the applicant here. I am an attorney with the law fu'm of Zinabar & McCrea. It's an improper question° It's beyond the scope of this man's expertise. Mr. Stevens: Mr. Rumpf, is it your duty as the City Planner to make a determination as to whether properties meet the valid zoning codes for which you are charged to review? Mr. Rumpf.' Mr. Stevens: requirements? Mr. Rumpf: Mr. Stevens: That is correct. Is it your position that the intended Walgreens meets the C-1 No, it is not as a pharmacy. Okay. (Indistinguishable) What reasons do you have for it not meeting the C-1 category? Mr. Rumpf: Principally the predominance of a retail type nature which is significantly more intense than what a simple pharmacy or related use would be as described by item I. Mr. Stevens: I have upon the screen there - see if I have it right. Yeah. This is the interior of the proposed Walgreens. (Indistinguishable - Exchange between a number of people.) Could you just point out the pharmacy area? (Indistinguishable - More than one person speaking.) Ms. Buesing: I object to this witness (indistinguishable) that he is not familiar with the interior layout of a Walgreens and in addition I don't believe that Mr. Rumpf has any bacl~ground or experience with respect to this matter at all. He's previously testified that he has no first-hand knowledge. Mr. Stevens: I'm asking him to point out the location of the pharmacy on the Site Plan that was submitted by the Petitioner. Ms. Buesing: Would you.like us to do that for you, Mr. Rumpf? City Attorney: Mr. Mayor, if I can, I believe the City is presenting its case and you'll have the opportunity to do rebuttal and also - Ms. Buesing: In a quasi-judicial, I'm entitled to objections. City Attorney: You're entitled to object. You're also entitled to cross-examine and to rebut. And you'll have the opportunity to do both. Ms. Buesing: Thank you. City Attorney: Just for the record, the document that is upon the screen is being referred to as Sheet 4 of the Site Plan, which is Exhibit No. 2. Mr. Rumpf: The location of the pharmacy is here. Mr. Stevens: Mr. Rumpf, could you please read for me - Cheek back. Does this Walgreens have a drive-through facility? Mr. Rumpf: Yes, it does. Mr. Stevens: Is a drive-through facility permitted in a C-1 district? lo Mr. Rumpf: No, it's not, with the exception of affiliation with a banking institution. Mr. Stevens: Under a C-2 category, which is also part of your package, is a drive- through facility permitted in a C-2 category? Again, with affiliation of a banking institution which would also be Mr. Rumpf: allowed in such a use. Mr. Stevens: application? Mr. Rumpf: Mr. Stevens: Is a drive-through also permitted under a special condition permit or That is correct; only with that condition. Has a special condition application been made with regard to this Site Plan under the-category of C-1 or C-27 Mr. Rumpf: No. This application was processed as a Site Plan as opposed to - rather than being processed as a conditional use application. Mr. Stevens: In the C-1 category, are there any items which have a time restriction on use? Mr. Rumpf: The only ones, yes, are restaurants. Mr. Stevens: And what time are they required to close? Mr. Rumpf: 5:30. Mr. Stevens: Mr. Rumpf, would you say that the purpose of the office - I guess it's the office professional commercial district is a business day-oriented type category and not for retail purposes? Ms. Buesing: Objection. It's an improper question. He's got no background and he hasn't laid a foundation. Mr. Stevens: I will ask him to read the opening paragraph of C-1. Subsection A. Mr. Rumpf: These district regulations will provide appropriate space for office and professional uses located to provide ready access to such services for all. Mr. Stevens: .Does it read retailer in that section? Mr. Rumpf: No, it is not. Mr. Stevens: This is the original Site Plan page that was submitted. Although the Petitioner stated that it supplemented it, I do not see it part of any presentation that was made. Would you state What it lists for Building A as an intended use. Mr. Rumpf: Proposed drugstore. City Attorney: Excuse me. The document that's up on the screen for the record is Sheet 2 of the Site Plan which is Exhibit 2. Mr. Stevens: And if you move to Sheet 3, you have a landscape plan which was not prepared by the engineers who submitted the Site Plan. Could you please - I don't know if you can read it - the name of the landscape architect in the lower right-hand comer. Mr. Rumpf: Cohen & Cohen. Mr. Stevens: What is the basic (indistinguishable) building area on the landscape plan? Mr. Rumpf: The- same. Proposed drugstore. Mr. Stevens: Mr. Rumpf, if Publix or Wal-Mart came in with a site plan and they had a pharmacy department, taking the Petitioner's argument that because by definition they are a pharmacy, would you then have to approve every Publix or Winn-Dixie or Albertson's or Wal- Mart which contains a doctor for eye examinations and/or a pharmacy for filling the prescriptions in this district? Ms. Buesing: Objection. It's an improper hypothetical. More importantly, I'm a little bit incredulous that special counsel is arguing opposing this when staff recommended approval. Mr. Stevens: In their response staff recommended approval with the condition that it meet the proper zoning. And, in fact, Petitioner extended if required. Ms. Buesing: (Indistinguishable) Mr. Stevens: Thank you, Mr. Rumpf. I'd like to call Mr. (Indistinguishable) - I'm sorry. Would you like to cross-examine? Ms. Buesing: Hi, Mr. Rumpf. It's not - your background is not in this area at all, is it? In fact, your role with the City had nothing to do with this project prior to the time you assumed the Interim Director - Planning Director duties just a few weeks ago, correct? Mr. Stevens: this hearing. Ms. Buesing: It goes to his record as to credibility. familiar with the C-1 zoning category, correct? Mr. Rumpf: That's correct. Ms. Buesing: And when I took your deposition you testified you had no first-hand knowledge about this project whatsoever, correct? Objection. (Indistinguishable) is not part of the (indistinguishable) for Mr. Rumpf: Ms. Buesing: · Mr. Rumpf: Ms. Buesing: Mr. Rumpf: Ms. Buesing: Mr. Rumpf: Ms. Buesing: is it not, Mr. Rumpf?. Mr. Rumpf: Ms. Buesing: It's my mm. Mr. Rumpf, you're Yes, [ am. And it expressly allows pharmacies, does it not? As pharmacies, yes. It also allows surgical supplies, eyeglasses, correct? That's correct. Those are retail operations, are they not, Mr. Rumpf? They are. The only prohibited use under C-1 is the outdoor display of merchandise, I do not recall. Mr. Stevens, could I ask you to move to the side. You're blocking the witness. Thank' you, sir .... I'd like you to take a look, if you would, at the C-1 wording. It's the page - Sir, I don't have your exhibits, whatever has been furnished. Copies weren't given to me. But I've got the ordinance in front of me. Jim, could you (indistinguishable). City Attorney: Here's a set of what was marked, if you'd like it. Ms. Buesing: (Indistinguishable) Mr. Rumpf: You're correct. I'm finding item 2 or paragraph 2, Uses Prohibited. Any outdoor display of merchandise. Ms. Buesing: Mr. Rumpf, are you familiar with the notion of accessory uses? Mr. Rumpf: Yes, I am. Ms. Buesing: There's nothing in this ordinance in C-1 that del'roes a pharmacy as an accessory use, is there? Mr. Rumpf: No, I do not believe so. Ms. Buesing: C-2 allows direct stores, correct? Mr. Rumpf: Yes, it does. Ms. Buesing: The ordinance does not define a pharmacy or a direct store, correct? Mr.' Rumpf: Correct. Ms. Buesing: Are you aware that state law does define a pharmacy? Mr. Rumpf: I am. You are aware, are you not, that Walgreens is a pharmacy as a matter of Ms. Suesing: state law, correct? Mr. Rumpf: Mr. Stevens: CouM you repeat that question. Objection. We don't have a determination of a legal statute and he is not an attorney in order to interpret - Ms. Buesing: He just - Mr. Stevens: - your interpretation of it. Ms. Buesing: He just told me he was aware that state law defines a pharmacy. Mr. Stevens: You are defining a pharmacist or pharmacy? I have no problems with (indistinguishable) statute first, but you're asking whether Walgreens meets that statutory requirement. Ms. Buesing: defined by state law? Mr. Rumpf: Ms. Buesing: Mr. Rumpf: Mr. Rump[ are you aware of whether Walgreens is a pharmacy as No, I'm not. So you .are not aware of whether it isn't, correct? That's the application of it. I am aware that it does define it as I've learned through the proceedings prior to this event. 14 Ms. Buesing: Mr. Rumpf: Ms. Buesing: Mr. Rumpf: Ms. Buesing: terms of your code. Mr. Stevens: And Walgreens is one, isn't it, Mr. Rumpf? Well - It disburses medications, doesn't it? (Indistinguishable) I cannot feel comfortable answering that as simply as you request. I'm not - Mr. Rumpf, I'm not asking you whether it's a pharmacy in Counsel, I will stipulate that Walgreens as part of its services does provide pharmaceutical services. Mr. Rumpf: I would like to add that I - in my endeavors, I have applied zoning regulations and uses in allowing the regulations for at least nine years here and in none of those years have I utilized state definitions of uses. I have to be compelled to use the code itself. Ms. Buesing: Ordinarily the ordinance would define those terms, correct? Mr. Rumpf: Some are, some are not. Ms. Buesing: Okay. In this particular case, the ordinance does not define a pharmacy or a drugstore, correct? Mr. Rumpf: That's correct. Ms. Buesing: Mr. Rumpf, you will concede, will you not, 'that Walgreens has met all of the terms and conditions that were set forth by staff assuming that this project is a pharmacy within the meaning of C-1. Mr. Stevens: You are asking him to make a legal conclusion - Ms. Buesing: Mr. Stevens: Ms. Buesing: Mr. Stevens: Ms. Buesing: Mr. Stevens: No, I'm not. - under his conditions. No, I'm not. Mr. Rumpf, (indistinguishable)- (Indistinguishable) for the record. - (indistinguishable) already. Again, the deposition is not in record and - nor has been provided for purposes of this quasi-judicial hearing. Ms. Buesing: (Indistinguishable) Mr. Rumpi': Well, first and foremost, the application pending is not an application by Walgreens. It's by the Milnor Corporation. So I don't know what Walgreens has submitted. And I don't think there's anything in the record yet to indicate to the witness what Walgreens has submitted unless you're going to refer to it specifically. Ms. Buesing: I'm referring to this Site Plan. And Mr. Rumpf and his staff have looked at this issue and it is true, is it not, Mr. Rumpf, that you have concluded that if in fact this pharmacy, this Walgreens pharmacy - that's the name of the building. I don't care what you call it. If in fact it is a pharmacy within the meaning of C-l, it has otherwise complied with everything else the staff required, correct? Contingent upon being the conditions that have been stated in the report Mr. Rumpf: and record. Ms. Buesing: Right. The conditions that were reviewed earlier which have all been agreed to by the land owner, correct? Mx. Rumpf: That's correct. Ms. Buesing: Okay. So assuming that this project is a pharmacy within the meaning of C-l, it met all the conditions, right? Mr. Rumpf: Which is basically why we are spending so much time right now defining this simple term. Ms. Buesing: You indicated that you felt that C-1 was a less - strike that - C-2 is a more intense retail use. By that do you mean more traffic? Is that part of the factors? Mr. Rumpf.' Ms. Buesing: this project, correct? Mr. Rumpf: Ms. Buesing: Traffic would be, yes. Okay. You are aware that your Traffic group approved the traffic for NO. There was a traffic study and your staff approved it, correct? 16 Mr. Rumpf: Yes. Ms. Buesing: Mr. Rumpf, this particular C-1 zoning category does allow drive-through lanes, as you indicated in a financial institution, for example, correct? Mr. Rumpf: Right. Ms. Buesing: There is no express prohibition of drive-through lanes on any other category. There just isn't an affirmative reference, correct? Mr. Rumpf: I believe so. Ms~ Buesing: Okay. Mr. Rumpf, this site could have a financial institution with six drive-through lanes which would generate substantially more traffic than the two-lane drive- through pharmacy proposed, correct? Mr. Rumpf: I cannot respond as I would not know if the site would allow for six drive-through lanes with respect to design. Ms. Buesing: Assuming the site would allow for it, the zoning would, correct? C-1 zoning would allow us to have a six-lane drive-through financial institution on this site if we wanted to and it would otherwise meet the staff requirements, right? Mr. Rumpf: Could you repeat the question from the start? Ms. Buesing: Sure, I'll be happy to. And I'll try to clean it up for you a little too. Assuming that you could actually put a 40,000 square foot financial institution on this site with six drive-through lanes, that would fit within your floor and any ratio requirements, the fact that it has six drive-through lanes is irrelevant, is that - The C-1 category allows drive-through lanes, right? In a financial institution, expressly. Mr. Rumpf: That is correct. That's also one of the few criteria used to determine total traffic impact on a site. Ms. Buesing: Okay. lanes, right? Mr. Rumpf: Ms. Buesing: And so there are no restrictions on the number of drive-through With respect to site restrictions. Okay. And in the C-1 zoning ordinances, no restriction on the number 17 of drive-through lane.s, right? Mr. Rumpf: That's correct. Ms. Buesi~g: There is also no restriction on the square footage, correct? Mr. Rumpf: That's correct. Ms. Buesing: Would you concede that a 40,000 square foot, six-lane drive-through financial institution would generate substantially more traffic than a two-lane Walgreens Pharmacy? Mr. Rumpf: I could not say that, not without a traffic impact analysis or data. Actually, as I was saying, the drive-through lanes are not the total or only criteria used to determine traffic generation. That's based upon retail square footage. I also have to add that I don't think - I wouldn't assume that based on the fact that the financial institution has one purpose it serves, whereas a retail store as Walgreeus has multiple purposes which contribute toward traffic generation. Ms. Buesing: What do you consider a drugstore? Mr. Rumpf: I would have to use this opportunity to state that in reviewing these uses, we (indistinguishable) strictly go by title. We look at the interior. Ms. Buesing: Are you familiar with the Institute of Transportation Eggineers Trip Generation, Sixth Edition, 1997 Traffic Guidelines? Mr. Rumpf: By name? Yes, by name. Mr. Stevens: Again, I have to object to the relevancy of the trip situation. Ms. Buesing: Well I think he indicated that one of the objections was the intensity of use and the traffic it would generate. Mr. RumpL have you had an opportunity to review the settlement agreement that was entered into before this action. Mr. Stevens: Objection. You're asking him to interpret a legal document. Ms. Buesing: No. I asked him if he had an opportunity to read it? Mr. Rumpf: I have. Ms. Buesing: You are not familiar with any of the facts and circumstances giving rise to that settlement agreement, right? Mr. Rumpf: Indirectly. Ms. Buesing: Directly: Mr. Rumpf: Not directly, no. (Indistinguishable) Ms. Buesing: That's all I have, Mr. Rumpf, thank you. Mr. Stevens: Mr. Rumpf, just two quick questions. Is a drive-through permitted for any other use other than a financial institution? Mr. Rumpf: Yes, it is. I'm sorry. I misunderstood - Mr. Stevens: In a C-1 district. Mr. Rumpf: No, it's not. Mr. Stevens: And in a C-2 district, does it require a special exception application? Mr. Rumpf: Yes, it does. Conditional use application. Mr. Stevens: Walgreens is not a financial institution. Mr. Rumpf: That's correct. Mr. Stevens: No other questions. MS. Buesing: Mr. Rumpf- Mr. Rumpf: Yes. Ms. Buesing: The staff report did not require an application for the drive-through conditional use, correct? Mr. Rumpf: Could you repeat that question. Ms. Buesing: The staff report did not require a conditional use approval for drive- through lanes, correct? The staff report that recommended thi~ with an incorporation of their comments. Mr. Rumpf: Most likely due to the fact that - Ms. Buesing: This is true, right, Mr. Rumpf?. It's true. They didn't require it, right? 19 Mr. Rumpf: That's correct. Ms. Buesing: Okay. And the C-1 category itself, while it affirmatively says a financial institution can have drive-through lanes, it doesn't say nobody else can, does it? Does it? The only prohibited use is the outdoor display of merchandise, is it not, Mr. Rumpf? Staff would interpret it not to allow it as it explicitly allows it otherwise. Staff did not so interpret that in this case, did they? They did not require Mr. Rumpf: Ms. Buesing: the application - Mr. Rumpf: By the (indistinguishable) condition that it requires to be rezoned, it was not reviewing it under the current C-1 zoning regulations. Ms. Buesing: It was presented under C-1, was it not, Mr. Rumpf?. Mr. Rumpf: Presented to - Ms. Buesing: The staff for review. Mr. Rumpf: That's correct. Ms. Buesing: Thank you. Mr. Stevens: Staff recommended a C-2 or a change in zoning because it did not meet the C-1 requirements? Mr. Rumpf: That*s correct. Mr. Stevens: Is one of the reasons why it didn't meet the C-1 requirements is because it has a drive-through? Mr. Rumpf: That is one. Mr. Stevens. Thank you. At this point in time, I'd like to call Mr. (Indistinguishable). (Indistinguishable) Commissioner has any questions for this wimess? Mayor: (Indistinguishable) have any questions? No. Mr. Rumpf, thank you. (Indistinguishable - Background noise) I have to do that, yeah. Mr. Stevens: Mr. Keller: Mr. Stevens: Sir, will you please state your name for the record. My name is Walter H. Keller. And what is your occupation, sir? Illr 20 Mr. Keller: Certified Planner. Mr. Stevens: I'm a Registered Professional Engineer, the State of Florida, and also a Could you please just give the Commission a little bit of background in terms of your areas of practice with regard to planning and zoning matters. Mr. Keller: Yes. I have practiced planning for almost 25 years. I'm President of Walter H. Keller, Inc. - Incorporated. I was the prime consultant in doing the Comprehensive Plan for the City of Boynton Beach in 1989, 1990 and was responsible for doing the coastal management element, the conservation element and the traffic circulation element. As a private consultant, I have represented more than 50 governmental jurisdictions in South Florida and internationally in the areas of planning, traffic and civil engineering. I served as the Town or City Planner for several communities. Myself and my staff do day-to-day planning activities where we review developmem applications, site plans, prepare development reports, review traffic studies and occasionally give expert testimony. I've been certified in court as an expert in land use and traffic. And that pretty much, you know, sums up my background. Mr. Stevens: Thank you, sir. Have you reviewed the plan submitted by the Petitioner for the Alhambra North Project? Mr. Keller: Yes, I have. Mr. Stevens: Have you reviewed the part of the City Code Sections vis-a-vis the Site Plan submitted? Mr. Keller: Yes, I have. Mr. Stevens: You are aware of the staff report and the recommendations contained within that report? Mr. Keller: Yes, I am. Mr. Stevens: What are your conclusions regarding the Petitioner's contention that they meet the C-1 requirements? Mr. Keller: ' Well the City Code is very clear in this area. The proposed use as a drugstore is not a permitted use in a C-1 zoning district. In reviewing the code and the 21 commercial districts, the City has specifically separated out pharmacies and drugstores as separate uses. Furthermore, the drive-through window is not a permitted use except for financial instimti0ns in a C-1 district. When you get to the C-2 district, drugstores would be allowed. However, this drugstore being approximately 13,905 square feet inside would exceed the size requirement of the drugstore under C-2. The drive-through would be a conditional use and could be allowed under C-2. So the site as submitted by the applicant and numerous documents that were submitted as part of the Site Plan application has called this a drugstore. And that is not a permitted use in the C-1 zoning district. The staff report supports that and requires that the site be rezoned and that a land use plan amendment be fried to bring this package into conformity. Mr. Stevens: Mr. Keller, I want to put the - I think you have a blow-up there which is the interior. (Indistinguishable) you can read off of your (indistinguishable). This is the same as that part of your Site Plan I believe you said was page 2. (Indistinguishable) (Indistinguishable) this is the interior. Mr. Stevens: The interior is Sheet 3. Mayor: Sheet 3. Thank you. Mr. Stevens: Of Exhibit No. 2. Will you please read the heading of the general notes which are on the right-hand side between paragraphs 12 and 13 and please state what (indistinguishable) the heading. Mr. Keller: From this drawing which is a Walgreens' interior layout, somewhat typical of the Walgreens Stores. It lists a pharmacy department. Mr. Stevens: Pharmacy department. Okay. And I believe that Mr. Rumpf had pointed out, but if you could again point it out - does that department in the (indistinguishable) of the entire project. Mr. Keller: Mr. Stevens: The pharmacy department is outlined on my board in orange. What's the approximate square footage - I'm sorry - the percentage of the floor coverage of this department? 22 Mr. Keller: It's approximately eight percent of the total square footage of the 13,905 square foot Walgreens Store. Mr. Stevens: Are there other departments shown on that Site Plan? Mr. Keller: Yes, there's other uses and departments. For example, there's general sales that's noted. There's cosmetics. There's foodmart. There's one-hour photo. These uses all noted in the application submitted by the applicant are not permitted in a C-1 zoning district. Mr. Stevens: Mr. Keller: · Mr. Stevens: Mr. Keller: So then what all, Mr. Keller - is a foodmart permitted in a C-l? No. Is general sales permitted in a C-l? General sales would only be permitted if it was a small use within a professional office building, and the size would be limited. Mr. Stevens: Is a photo processing lab specifically permitted under C-l? Mr. Keller: No, it's not. Mr. Stevens: Okay. So because eight percent of the square footage is used for pharmacy, in your opinion is this a - indicates that is a pharmacy department, in your opinion does this criteria meet the site plan requirements for a C-1 or the zoning requirements for a C- 17 Mr. Keller: The City Code is very clear on this issue because the drugstore and pharmacy uses have been specifically separated out in the Code. Pharmacy is listed with several other medical-related items. Drugstore is not listed in C-1. Furthermore, if you look at the 12 pharmacies - Mr. Stevens: You're getting ahead of me here. Mr. Keller: - that have been licensed in the City, that have current Certificates of Occupancy, all the uses except one are found in either the C-2 or C-3 district. If we took the applicant's application of the state's licensing law, that would mean that a Wal-Mart, an Albertson's, a Publix would be a pharmacy. Clearly those uses are not pharmacies. Those are department stores. In some instances those are large, big box department stores. So the applicant's interpretation of a state licensing law as to where a pharmacist needs to be does not apply. Mr. Stevens: Mr. Keller, just so that if there is any question it is part of the record, the C-1 requirements and the C-2 categories (indistinguishable), could you please either read off or give us a general overview as to the permitted uses under C-1. Mr. Keller: I think what I'd prefer to do is to give what uses are not permitted and give the uses that are not permitted under the Walgreens' submission. The drive-through is not permitted in the C-l; the photo-finishing is not permitted in the C-l; greeting card sales, beverage sales, newspaper and magazine sales, cosmetic sales and food sales. All these uses were specifically identified by the applicant's own Site Plan package. And they are all not permitted in the C-1 zoning district. Furthermore, if you take other regulated uses, while not specifically identified in the Walgreens' submission but are customarily found in Walgreens Stores, these would also not be permitted. They include camera and supply sales, sporting goods and toy stores - sales, office supply sales, art, craft and sewing supply sales, curio, souvenir and gift sales, tobacco sales, clothing sales, sundries, notions and variety sales, and radio, video and stereo equipmem and supply sales. All these uses are not permitted in the C-1 zoning district and are customarily found in a Walgreens Department Store. Mr. Stevens: No further questions. Ms. Buesing: Mr. Keller, (indistinguishable) - City Attorney: Excuse me one second. Is this document being offered as an exhibit? Mayor: Is this (indistinguishable) offered as an exhibit? City Attorney: Did you get a copy of it? (Indistinguishable) City Attorney: Okay. Just for the record, this is Exhibit No. 5, a list of pharmacies by - 12 pharmacies by zoning district. 24 Ms. Buesing: Mr. Keller, if we resubmit this and call it a Walgreens Pharmacy on the plan, it is a pharmacy? Mr. Keller: Not under the City Code. Ms. Buesing: Now, Mr. Keller, you indicated that you felt that the City Code was clear in terms of not allowing this? Mr. Keller: That's correct. Ms. Buesing: Does the City Code allow any pharmacy? Mr. Keller: Yes. . Ms. Buesing: Okay. Mr. Keller: Yes. The City Code does allow pharmacies. Ms. Buesing: What are the documents that are - what are the pharmacies that you have listed on Exhibit - Joan, what is it? Mr. Keller: All those are pharmacies. Ms. Buesing: These are all pharmacies? Mr. Keller: (Indistinguishable)- Ms. Buesing: (Indistinguishable) pharmacy - Mr. Keller: They are facilities that have a certificate, license for pharmacies. In some instances they also have other licenses as department stores. Ms. Buesing: Mr. Keller: Ms. Buesing: Mr. Keller: Ms. Buesing: Mr. Keller: Ms. Buesing: Mr. Keller: Ms. Buesing: Mr. Keller, do you consider a public supermarket a pharmacy? NO, ma'am. Do you consider a Winn-Dixie a pharmacy? No. Do you consider the Medication Station a pharmacy? It might be. Do you - what you can buy at the Medication Station? I have not personally been in the Medication Station. But if you can buy photo-finishing or toilet paper or food or cosmetics or 25 shampoo, it's not a pharmacy? Mr. Keller: Ms. Buesing: Mr. Keller: Not having been in that specific site, you know, I can't testify to that. I'm not asking that - (Indistinguishable) - the City Code is clear. Drugstore uses and pharmacies are separated. The City Code doesn't define drugstore or pharmacy, does it, Mr. Ms. Buesing: Keller? Mr. Keller: Ms. Buesing: Mr. Keller: It defines it by where it puts it in the Code - (Indistinguishable) - - and specifically limits drugstores to a certain size in the C-2 district. In the C-2 district, a drugstore cannot be more than 10,000 square feet. Ms. Buesing: Mr. Keller, are you aware that staff approved this with a C-2 recommendation, is that right? Mr. Keller: The staff approved it subject to it being rezoned. Ms. Buesing: As C-2, right? Right? Mr. Keller: The staff approved it subject to - Ms. Buesing: Subject to it being - Mr. Keller: - it being rezoned. Ms. Buesing: - rezoned as C-2. Which you're telling mc.this building can't be. Mr. Keller: This size building, being 13,905 square feet in size, exceeds the 10,000 square foot limitation for drugstores in the C-2 district. Their drive-through would also have to be approved-as a conditional use. Ms. Buesing: Mr. Keller, you indicated that you've served as a City Planner for several cities. In the course of your reviewing city ordinances for other cities are you familiar with whether they define accessory uses? Mr. Keller: Some cities do, some cities don't. Zoning codes are not perfect documents. And what you have to do is you have to look at a zoning code and look to get the flavor of the code. How are the uses put out, how are they spelled out. Ms. Buesing: But if- Mr. Kellei': Ms. Buesing: Mr. Keller: They're - - imperfect and incomplete documents. But if the code is clear, as you have indicated that it is - And it is clear, because the uses have been specifically separated out. Drugstores and pharmacies have been separated. If the City Code, for example, did not separate out these uses, it would be more difficult. Ms. Buesing: Mr. Keller- Mr. Keller: The City track record is clear. Pharmacies should be in either C-2 and C-3 unless they meet the definitions that - the listings ~hat are in the C-1. And that's consistent with the zoning the City has applied in the past. Ms. Buesing: Mr. Keller, there is no definition of accessory use in this Code, correct? Mr. Keller: I didn't look for accessory uses. Ms. Buesing: And if the City is going to permit a pharmacy on the basis that - or define a pharmacy on the basis of the square footage as you have~ done - you basically said because eight percent of the floor area is devoted to pharmacy that it is not a pharmacy, is that correct? Mr. Keller: Clearly the Walgreens Drugstore - it is even getting difficult to even be called a drugstore anymore. It's a general retail use. Ms. Buesing: Mr. Keller, you need to answer my question though, sir. You have determined that because eight percent of the square footage is devoted to pharmaceuticals, it's not a pharmacy, correct? Mr. Keller: No. I have concluded that because only eight percent of the total square footage is a pharmacy that pharmacy is not the primary use. Ms. Buesing:' Oh. Oh, oh. So you're defining the primary use as being a pharmacy, iS that correct? Mr. Keller: You can have a pharmacy in a Wal-Mart. That does not make a Wal- Mart a pharmacy. Ms. Buesing: And if 55 or 65 percent of the revenues are derived from the sales of pharmaceuticals, ii it a pharmacy then? Mr. Keller: Well, I know they have separate cash registers. Ms. Buesing: Do you have any background in the pharmacy industry whatsoever? Mr. Keller: I have background in Walgreens Stores. Ms. Buesing: And let me ask you again, if 50 to 65 percent of the revenues are derived from pharmaceuticals, you're telling me that that's not a pharmacy. Mr. Keller: (Indistinguishable)- Buesing: Is that your position? Keller: I'm telling you that under the Code that the City has, the propo, sed in the application is not a pharmacy - Buesing: Mr. Keller- Keller: - because pharmacy is listed as an outdoor sign does not make it a There's also one-hour photo listed on the sign. That doesn't make it a permitted Ms. submission Ms. Mr. pharmacy. use. Ms. Buesing: Mr. Keller, you indicated earlier that because you could buy photo- finishing, food and other things there that it was not a pharmacy. Do you recall that? Mr. Keller: No. That's not what I said. I said that's not a permitted use under the C-1. If you go back ard listen to what I said, I said photo-finishing is not a permitted use under C-I. Ms. Buesing: Mr. Keller: Ms. Buesing: You can buy a greeting card in a hospital, right? I don't know. Oh, Mr. Keller, please. Mr. Keller, isn't it true that if a city wants to limit a portion - or wants to define a use and say if you want to use it this way you have to limit your square footage or your revenues, isn't that the way they do it in your experience as a planner? 28 Mr. Keller: Typically they do not limit it by revenues because it's difficult to enforce. You can certainly limit it by square footage and that's what this Code has done. Ms. Buesing: Mr. Keller, you indicated that the C-1 zoning category does not permit drive-through lanes except in a f'mancial institution. Mr. Keller: That's right. Ms. Buesing: Would you please show me where on that C-1 category, identify it by number - where it says it's not permitted. Mr. Keller: Because only the financial institution is permitted. When you go to the C-2 district which includes everything that's in the C-1 district, drive-throughs now in this district, because it's a more intense district, are allowed as a conditional use. So it's very clear the Code does not permit it. Ms. Buesing: Mr. Keller, would you identify by number and letter please where in the Code it says it's not permitted. Mayor: He's already answered the question. Ms. Buesing: Let me try again. Mr. Keller, isn't it true that the Code does not expressly prohibit drive-through lanes. While it affirmatively permits drive-through lanes in a banking facility in C-I, it does not expressly prohibit anything except the outdoor display of merchandise. Mr. Keller: Ms. Buesing: Mr. Keller: Ms. Buesing: That's your interpretation. Mr. Keller, please read to the City - That's not my opinion. Mr. Keller, I'm not asking your opinion. Please read to the City the sentence that says prohibited uses. Mr. Keller: (Indistinguishable)- Ms. Buesing: Please read it to the City. Mr. Keller: - that says prohibited. However, when you look at C-1 and C-2 districts in their entirety, it's very clear that it's not permitted. 29 Ms. Buesing: Please let me show you, Mr. Keller. Prohibited. Read it to the Commission. Mr. Keller: Ms. Buesing: Mr. Keller: Male: (Indistinguishable) at No. 3, Uses That doesn't - okay. Rather than reading what you want me to read - (Indistinguishable) please answer my question. I'm going to answer it in my way. Can I please (indistinguishable) - (Indistinguishable - several people speaking at once) Ms. Buesing: Mr. Keller, isn't it true that item C-1 at No. 3, it says Uses Prohibited: Any outdoor display of merchandise and nothing else. Isn't that tree? · Mr. Keller: That's correct - Ms. Buesing: Thank you. Mr. Keller: But that does not address your question. Ms. Buesing: Mr. Keller, were you retained by the City to offer an opinion that this particular project does not fall within the C-1 category? Mr. Keller: I was retained by the City to review the City Codes, review the Site Plan package and to develop an opinion as to whether it was permitted. Ms. Buesing: And you were asked to develop an opinion as to whether it was permitted or to determine that it was not permitted? Mr. Keller: I was asked to review the Site Plan application, to review the City Zoning Code and determine whether the project as submitted by the applicant was permitted under the City Codes. Ms. Buesing: Will you give a little background concerning the settlement agreement that resulted in - excuse me, concerning the facts and circumstances that resulted in a settlement agreement that resulted in the C-1 zoning? Mr. Keller: I think I was given a copy of the settlement agreement. Ms. Buesing: Were you aware that it expressly said it was for the benefit of the Boynton Leisureville Community Association? 30 I know that there was items of that. I also know that the Code said it Mr. Keller: was C-1. Ms. Buesing: Did you see a portion of the Planning t-fie, Mr. Keller, in which the Boynton Leisureville Community Association did submit a letter saying they approved of the project? Mr. Keller: I'm under the impression that there was some approval, yes. Ms. Buesing: Thank you, sir. Mayor: Going to get started (indistinguishable). Any other questions of the witness? Mr. Stevens: Not to be facetious to opposing counsel's questioning, if I'm a psychiatrist and I have the ground floor, could I put a drive-through window to answer people's questions? Ms. Buesing: Objection. (Indistinguishable) Mr. Stevens: (Indistinguishable) by a doctor? Mr. Keller: No. Mr. Stevens: In a C-1 district? Mr. Keller: No. Mr. Stevens: Why is that, sir? Mr. Keller: institution. Mr. Stevens: Thank you, sir. Ms. Buesing: Where does it say that? Mr. Keller: It says Uses Permitted and in a C-2 district, which is the next more intensive use, it says everything in C-1 and then allows conditional uses for drive-throughs for all other uses. When you get to C-3, drive-throughs are not a conditional use. So it's clear in the Code what the intent of the Code was. It's not very difficult. Ms. Buesing: That's not the determination that staff made, is it? The only drive-through that's permitted under the Code is for a financial Mr. Keller: Mayor: Mr. Stevens: Staff made a determination that this may not meet C-1. Do you have any other questions? Not at this time, unless the counsel is going to I~e bringing other witnesses forward. I reserve'the right to recall (indistinguishable). Mayor: At this time, does the Commission have any questions of the witness? At this time, I would like to ask members of the public if they wish to speak or if they have any questions of any of the witnesses. Ms. Henderson: Would you mind at this point if I make two clarifications, or would you like me to save it to rebuttal? Whatever - it's up to you. Mayor: You can save it to rebuttal because you'll have a chance to speak then. Thank you. Mr. Dube: For the record, my name is Start Dube. I am President of the Estates of Silverlake Homeowners Association at the comer of Garfield and Congress. Mr. Mayor and Commissioners, I was prepared to go over a whole list of all the objections we have and I know you've all received them and you received several letters from me and that - but as I sat hear, I kept hearing about this drugstore pharmacy, which I wasn't going to say anything about tonight. But I'd like to bring to the attention of even the counsel, I mean the opposing - the applicant. These are statements direct from Walgreens corporate web page. This is put out there by Walgreens and it's strictly Walgreens. It's nothing to do with - I quote - The issue here, to start with, is a standard Walgreens, a retail store, a drugstore or a pharmacy. Walgreens says they are a drugstore chain. To expand on that, quoting from Walgreens: Walgreens is growing faster than any other drugstore chain. We're opening more than 280 stores a year with a goal of having 3,000 stores nationwide by the year 2000, and it goes on about the cities. Just a small comment about that. The Walgreens identifies their company as a drugstore chain and refers to their outlets as stores, not pharmacies. Number two, should a Walgreens retail store be built in a largely 32 residential area? Quoting again from Walgreens: New Walgreens Stores are freestanding buildings conveniently located at major intersections. The stores introduce themselves with highly visible, reader board signs, some electric, ample parking and easy in and out access are mandatory. And nearly 1,000 stores now offer convenient drive-through prescription service, a concept pioneered by Walgreens. Inside new Walgreens' prototype stores are 14,000 square feet pharmacy waiting areas, consultation windows, fragrance bars, food departments and clerk-served photo-finishing departments all add to customer convenience. Most locations also offer one-hour photo-finishing service. A brief comment. Golf Road and Congress does not qualify as a major intersection. It is a largely residential district in which highly visible reader board signs, ample parking and easy in and out access - now this is a mandatory item by Walgreens according to, you know, what they've said, would be wrong. In addition, fragrance bars, food departments, and photo-finishing - that doesn't equate to a pharmacy and outside approved zoning. The third item, or lastly here, the issue being does Walgreens also have a pharmacy which might have been appropriate for the Golf Road site? Quoting again from the web site: In addition to our Walgreens Drugstores, we operate these additional formats: Walgreens RX-press and Walgreens Pharmacy. These are 2,000 square foot stores with drive- through pharmacies that also stock about 650 of the most popular over-the-counter medications. Some units also offer one-hour photo finishing service. Walgreens operates more than 40 RX-press and ~cy locations. Advanced care institutional pharmacies, these facilities specialize in long-term care prescription services including unit dose programs, early on-site delivery and medical records recently infusion therapy has been added. Walgreens home medical centers, Walgreens operates six of these outlets in the Midwest. Just a comment. Why didn't Walgreens propose a pharmacy? Why didn't Walgreens tell the whole truth about having a pharmacy available instead of trying to mislead the City Commission and the Planning and Development Board. I'll leave the rest of the complaints to the other guys. Mr: Stevens: Yes, sir, not to put you on the spot, but for the record - I'll provide this to counsel -- Is this a copy of the web site that you were just talking about? Mr. Dube: Looks like it. Yep. Mr. Stevens: I'd like to submit this as the next exhibit and have the City Commission take note specifically of Mr. Dube's reference to other store formats. (Indistinguishable) Mayor: The other comments, I would just (indistinguishable) - Yes, Jim: City Attorney: Excuse me, (indistinguishable) this is Exhibit No. 6, a 3-page corporate web site print-out. Mayor: Mr. Chase: Anybody else in the public wish to converse. Excuse me. Herb Chase, I live in Boynton Beach. I wasn't going to make any comment on this; I wasn't going to even stay but, however, representing my community, Quail Run, the Codes that the City enforces are for my protection. If they open this store, major traffic Will be increased two-fold and I'm afraid for my community because we have a problem right now between Woolbright and Golf Road, Southwest 26th Street, is now used as a speedway. If this proposed Walgreens, and they're in it for a profit motive, they're just not going to open up a prescription store, I have a problem that Southwest 26th - because usually introduced further down on Woolbright - that my intersection will be another speedway and the Codes C-1 and 2 are there to protect me. And I'm asking the City Commission to deny this application for my protection and for my community's protection. And the bottom line, the bottom line if they want a service, the prescription, I'm not against that. If this building is built, have the prescription and drugs strictly in that facility, just strictly in that building. In other words, if Walgreens in all their sincerity, in ail their magnitude, have it in the building, they don't need to have it in that building. Thank you. Mayor: Anybody else wish to come forth? (Indistinguishable). 34 Mr. Reed: My name is Jim Reed. I live at 2458 Cranbrook Drive in Silverlake. I'm the Vice-President of the Silverlake Homeowners Association. And like some of the others, I have some concerns about the design and about the Site Plan as proposed. I think they've been pretty represented. I won't go into those. I would like to just bring a couple of things to view here. And as Start Dube did, I also took a look at Walgreens because I'm interested in what the real definition of a drugstore was. So I went to the 1997 Walgreens Annual Report. And in the introduction, and let me read this, quote: Walgreeus, one of the fastest growing retailers in the United States, leads the chain drugstore industry in sales and service. And then a lime further on: Our drugstores serve 2.4 million customers daily. Nowhere does it refer to pharmacies. Then in the letter to shareholders from the CEO, the CEO consistently refers to Walgreens Drugstores and never refers to pharmacies except as a component within a larger store. So not even Walgreens thinks that their retail stores are a pharmacy. Now let's look ahead. How do we solve this problem for this location in this largely residential part of the City? I'd like to make - and this is personal - several recommendations on how we go ahead from here. First of all, we should have proposed a site - a use that fits within the C-1 zoning code. That has not happened yet. Secondly, there ought to be a landscape plan which matches the surroundings, comPatible with the 20-20 plan and the other landscaped areas around this location. One good example would be the. Robot Office site down the street which has great perimeter landscaping and interior landscaping in the parking area. And, by the way, it has a pharmacy. Thirdly, we'd like .to propose a building in that site which fits in with the surroundings. A standard off-the-block Walgreens that is appropriate for Old Boynton Beach Road and Congress is not appropriate in thi~ residential area, and that violates the City regulations. I don't think that Walgreens should be too anxious to expect variances for such things as drive-through parking. Especially after the things said this evening. Also, in their original Site Plan, the office building had no tenants and no schedule for construction. Think about that. They proposed a building and had no plana of building it. Now that meant that there could be no sign plan, no sign arrangements for the tenants in the building because they had no tenants and they had no schedule for its building. So the only sign which would be outside would be a Walgreens, ignoring the possibility of other tenants. What we need is an appropriate sign plan that allows everybody at their location to advertise their business on that one sign, preferably a (indistinguishable) sign (indistinguishable) post sign. And, finally, because it's a fairly small lot, let's not draw the construction out over months and months or years and years. Whatever is proposed shouM be built on the lot and a Certificate of Occupancy should be allowed once their site is complete and not before. Those are my recommendations for the site. Thank you. Mayor: Thank you. Mr. Berger: I just wanted to say - okay - Mayor: Please give us your name. Mr. Berger: Oh, Scott Berger. I live in Gulf'view Harbor. If they want to do a Walgreens here, I was just wondering, you know, why we need another one in Boynton Beach. If I want to go to a Walgreens, I can go Woolbright and Federal. And if I wanted to - feel like driving a little further, I could go to Woolbright and Military. Or I could go to Congress and Old Boynton, or I could go to Hypoluxo and Congress, or I could go to the Boynton Beach Mall. I see no reason to build another Walgreens in the City of Boynton Beach. It's kind of like building another McDonald's and we've got enough of those also. So that's all. (Clapping). Mayor: (Indistinguishable) this is the public's chance to comment. Yes. Mr. Fishman: Honorable Commission, my name is Gary Fishman from Banyan Drive. I think we needed a judge here today because I thought that the proceeding, the way it operated in front of myself and the audience and the children - I think we needed more control. Also possibly issues like this that will be quite lengthy should put at the - they should be put at the (indistinguishable). Mayor: else? end of the hearing and not have to be - so we have to wait for three or four hours to listen to it. And also if your people should be willing to limit their time in speaking as I'm doing right now. Mayor: Thank you. This is the close of the judicial hearing and we have to go by certain different rules under these circumstances. People have to be heard out; we cannot cut them off because of possible legal implications. Mr. Berovy: My name is Bob Berovy. I live at 2521 S.W. llth Street, Gulf'view Harbor, Boynton Beach. At the present time I'm appearing as a citizen of Boynton and I',m not the president of the Gulfview Harbor Association. I took a telephone survey - I think it was in January - (indistinguishable) - I called 95 people in Gulfview Harbor. I got an answer from 65. I got an answer from 75. 65 of those people have no objection with a drugstore or to the pharmacy, or whatever you call it, they were glad to see something occupy and 10 people (indistinguishable). Those were my findings. Thank you. Thank you. Anyone else wish to come forward on thi.~ issue? Anyone Mr. McKenzie: My name is Ken McKenzie of Silverlakes Estates. I'm a businessman. If I were Walgreens, I'd fire myself. We have within a two-mile radius already three Walgreens. We have one at Walgreeus and Military Trail; you have one at - excuse me, Woolbright and Military Trail; Woolbright and Federal Highway, and the brand new one that's not open at Congress and Boynton. That's three units in under a two-mile radius. I'd fire myself. Thank you. Mayor: Yes. Anybody else wish to address the Commission on this issue? (Indistinguishable) Before I-close the public hearing, i do need to read into the record a - one of the residents, Helene Lubin, 2674 S.W. 23rd at Cranbrook Drive, Boynton Beach, Florida. She is handicapped and not able to attend the Commission meeting on June 16, 1998. She would like to have her name go on record as being in support of the Site Plan for the Walgreens Drugstore at the northeast corner of Congress Avenue and Southwest 23rd Avenue. 37 She requested that be read into the record. Seeing no other (indistinguishable), I will now let - call the applicant back for any rebuttal or questions of anyone. Ms. Henderson: Thank you. Commissioners, again, my name is Cynthia Henderson. Some points of clarification that Mr. - I'm sorry, I don't know your name. Mr. Stevens: Stevens. Ms. Henderson: Mr. Stevens brought up that were not accurate, that were inaccurate regarding my presentation, I'd like to point out firstly that there was nothing submitted by Walgreens as part of the record. (Indistinguishable) I reviewed the Site Plan and we will officially submit it as part of this proceeding. It was meant to be submitted and it was obviously a part of my discussion. Second, he commented something about we were trying to put a square peg in a round hole and we just couldn't put a building anywhere and call it something just because it met the Site Plan. I specifically said a number of times - I know at least three times, maybe you missed my comments - that we were not asking for approval of a drugstore. Very important for tonight, because that is something, obviously, the courts are going to have to decide after hearing the various dialogues that are going on this evening. We are not asking you for approval of a drugstore this evening. I tried to make that very clear. It's not a relevant issue for this evening. We're only asking for final Site Plan approval of this Site Plan, specifically labeled as a pharmacy. If the court deems that our application and what we propose to do within the four walls of that building is not a pharmacy, it's a drugstore, then a building permit will not be issued. But we are requesting final Site Plan approval for a pharmacy and medical office building which are clearly permitted uses in the C-1 zoning district. I'm not sure why there was so much discussion about all the other zoning districts and what-not. But our request- I'll make it clear one more time is that we were only asking for final Site Plan approval of a pharmacy. Again, the comments that were made by some of the other speakers 38 about Walgreens labeling itself as a drugstore chain, that is for the courts to decide. Obviously we can't make a determination here this evening. We don't need to spend any more time on it. Commenting that-it was a store and it wasn't appropriate for this category. C-1 is a commercial category; it's commercial line. The language designation is office commercial. So that's very important as part of the record. They asked why didn't Walgreens represent itself here this evening. Walgreens - it's something that Walgreens did not submit the application, as we stated. The property owner, the Miinor Corporation, submitted the application. They were trying to market that site for sale to a group to develop a Walgreens. Walgreens did not label this Site Plan. If you've go everywhere - all the Walgreens that everybody's talked about, very clear, big red letters on the front and along the side that it is Walgreens Pharmacy. So then we don't need to go back and forth through that. Mr. Reed gave some conditions for recommendation. We agreed to all those conditions. As I wrote them down, the first was that it had to be approved for use in the C-1 district. We agree pharmacy is specifically listed as a C-1 category. The landscape plan to be compatible with the surrounding neighborhoods. We agree to comply with whatever landscape standards that they want. We have worked very closely with staff on the landscaping plans, and have always represented to them that the landscaping plan will be very detailed. We want to make sure that the building fit in with the surrounding uses. Staff has deemed specifically in their Site Plan that this community design standard of this building was architecturally compatible with the surrounding uses. He requested appropriate signage plan for the office building and the Walgreens. We agree. We would not object to doing a comprehensive monument sign incorporating both of those. And, finally, he was concerned with getting construction within a time flame. We do agree with that- as I said we would agree to commence construction within six to nine months of approval and as expeditiously as possible get that construction completed. That concludes my rebuttal and we're available for any questions. Thank you. City Attorney: Ms. Henderson, you're asking to submit that as part of the record this evening, the (indistinguishable) - Ms. Henderson: Yes, sir. City Attorney: Okay. That'll be Exhibit No. 6. (Laughter). City Attorney: Excuse me, 7. Losing track. Seven. And does it have a title on it? I can't see it from here. Ms. Henderson: It says Final Site Plan. Mr. Stevens: I have a objection to the extent that that changes - I don't know what other changes that board may have on it other than'the labeling of the one building which may require an entire new review of the proposal if there is a change of use from the original Site Plan submitted and reviewed by staff. For the record that objection is made. I don't expect any sort of other response. City Attorney: I don't think it's being offered for that purpose, is it? It's being simply offered this evening as an - Ms. Henderson: He made a specific representation that there was nothing submitted as part of the record for Walgreens and I submitted that as part of the record for clarification of his objection. City Attorney: Right. It's not part of the official Site Plan pending in front of the City. Ms. Henderson': It has been submitted to the City for Site Plan approval - City Attorney: Could you tell me when? Ms. Henderson: June 15th. Mayor: (Indistinguishable) City Attorney: I'm sorry. Can you come up and - Ms. Henderson: It was submitted for the City as pan of their record. -We talked to the S~ff and they said they didn't have enough time to make sure that every single change and condition, whether or not that was effected. So we are not attempting to amend our application 40 with regard to any o.f the specifics on the Site Plan submitted. City Attorney: Maybe - Ms. Buesing: It's an exhibit for tonight; it has been submitted to the City, but Mr. Rumpf indicated they wouldn't have time to look at it; he said fine, we're going forward (unintelligible) - City Attorney: Okay. It has not been in front of either the Planning and Development Board or is not part of the original submission, right? Ms. Henderson: Correct. City Attorney: Okay. Thank you. Mayor: Any other - City Attorney: Mayor, Commissioners. Thank you for your patience this evening. A quasi-judicial hearing is a very difficult and unusual set of procedures that have to be followed and I appreciate your patience and that of the audience. Just to list the statement - to list the entire category of the C-1 office. Mr. Stevens: I'm entitled to a closing statement, am I not? City Attorney: Mr. Mayor, the way - under our procedures, that was the last statement that gets made. Mayor: Okay. Thank you. No problem. Okay. At thi.~ time I'd ask the City Attorney to review the exhibits. City Attorn('y: These are the documents that are part of the record. I'll mn through them. No. 1 is the Site Plan Review Application 6/9/97. Two is the Site Plan Sheet - excuse me, Sheets 1 through 10. Three is Development Service Department Memorandum 97444, August the 26th, 1997, pages 1 through 15. Four is the Land Development Regulations, Chapter 2, Zoning, Section 6, Commercial District Regulations and Use Provisions. No. 5 is the - documents pharmacy, the list located within the City of Boynton Beach and the location elaart. Six is the web site - the corporate web site for Walgreens, 3 pages. And 7 is the board depicting the Site Plan - or building as a pharmacy. Anybody - applicant or city have any problem with what's been marked as exhibits? Mayor: Okay. discussion and a motion. Mr. Tillman: Mayor: Mr. Tillman: If there are none, I would turn to the Commission now for (Indistinguishable) Okay. (Indistinguishable) (Indistinguishable). First of all, if defining whether it were a pharmacy or a drugstore were not part of the issue this evening, we certainly spent a lot of time interrogating the witnesses to ascertain that. 'Secondly, I think it's almost ludicrous to infer that the definition of a pharmacy is not included in our Code. Pharmacies are medical and surg-- have medical and surgical supplies, orthopedic, invalid and convalescent supplies, eyeglasses and hearing aids. To me that is a pharmacy. And also to infer - you very frequently mentioned the Leisureville Community. If every single member of the Leisureville Community - if every single member of Silverlake alluded to the fact that they were very happy with the Walgreens there, I would not because it does not fit into a C-1 district. We have a little grocery store, a convenience store that's located in a C- 2 district, which is a permitted use. They would like to, because they have a primary use of groceries and milk and so on, they would like to sell alcohol. That is not permitted in that particular zoning category. So I cannot see - I shop very frequently in Walgreens, unfortunately not for my prescriptions. I go ti.ere for my hair products; I go there for my stockings; I go there for school supplies. To me it is a very convenient department store. And I think we have to take into consideration that - and I have read the stipulated agreement of 1988 and I'm very familiar with it. And I'm very familiar that they were very happy to get it rezoned from a residential to a C-1 and a - they gave a conceptual plan at that time and it did not include anything of this nature. It was two buildings facing Congress that were joined and perhaps had maybe a pharmacy contained within the office building. So you have solicited a lot of approval by saying it's going to do this; 42 it's going to close then. I feel this is a two-way - and please don't smirk. I didn't smirk when you were talking. That is a two-lane road, 23rd Street, where you're saying that you're going to build a very intensive, high-intensive use. I consider every Walgreens to be high-intensive use. I drive down to Military Trail when I want to go after closing hours to buy something down there if need be. It is an intensive use. It doesn't belong in a residential neighborhood. We have plenty of other places where it would be - welcome a Walgreens in our communi-- in our City of Boynton Beach. And we have welcomed you with open arms, with the new one that's going up. And I could suggest other sites. But I think that particular area is not suitable. We have to take into consideration other neighbors that live there because you heard from a few. I could go and visit every one of those Leisureville people on that border and convince them that it's the wrong thing for that area. They don't realize that at 10:00 or 11:00 o'clock you're not going to get just neighbors inhabiting that store or purchasing, you're drawing from all over to go into there. So in no way do I consider - would like to even consider a Site Plan that doesn't conform to zoning. I think it's almost ludicrous to do something like that. And it's a waste of effort. Mayor: Any other comments? (Clapping). Male 1: In view of the fact mainly that the area is not zoned for what this company proposes, there are two other maior issues that I'd like to bring to the forefront and my disagreement with this overall plan. Number one - there's two major issues which I am t~tally incompatible with, and that is shopping a project for approval before you have your tenants. Usually when that does happen, we run into issues like thi~ because you're trying to fit and bring in a tenant before you actually have - before you know who the tenant is and actually what they want. And then that issue usually makes it incompatible for the particular site. B, the attempt to gain approval from the Commission for a favorable response before you finish up your situation with the courts so you may gain a favorable outcome with the courts. I fred that that's incompatible in terms of what we should be doing here as a Commission, where you come in and try to use the Commission and gain some support with the court system. Initially we were only supposed to look at this after you came back from the courts, okay. And here you're out in front of us with this tonight. And so I'm totally in disagreement with that. I think, again, clearly you're not - the area's not zoned for that type of activity and I disapprove of it. (Clapping.) Mayor: Mr. Tillman: Thank you. Excuse me. I just wanted to make one other comment. Back in 1988, the Milnor Corporation solicited a lot of support from many of the surrounding areas. And in the - one of the - and I have all of the material that was given at that time. An~l one of the distributions were, is the only request for our property is for professional use only with no retail shops of any kind and a health care facility is very well needed in that area, which I totally agree with, and development of these facilities has been encouraged by both the state and county agencies. But this is the way he sold this approval that we granted - was granted in 1988 and I think this is like a breach of faith - Male: Yes. Mr. Tillman: - to now try to change that. I truly do. We conceded; we negotiated. You got what you wanted at the time. Now you're saying that's not enough and we want more. City Attorney: Mayor, could I make one comment in response to Commissioner Tillman's comment that - why they're back here. They're not back here because they pressed the City to come back for Site Plan approval. They're back here because I reversed my previous opinion to you that you should defer to the court to make an interpretation which I now believe you must make under Site Plan application review. It would be nice to sit back and allow the courts to make all the decisions, but under your Code and under the issues that will eventually clarify for me through the court proceeding, I believe the Commission is empowered to move forward and let's move forward on the administrative level so that the applicant has exhausted their administrative remedies. Mayor: I have just very brief comments. I don't understand, I guess, why the applicant didn't, if they wanted to build this store as they have presented it, why they didn't come in and ask for a rezoning to the proper zoning and that would have been a much easier route to me, I think, than this. However - and I did - you know, there was much said and much pressed here about what it doesn't say here. It says you can have a drive-through at a financial plaza, but it says within the stipulated - but it doesn't say you can't have them anywhere else, right? Sometimes silence speaks louder than words. You know, it's really common sense. If you say this is what I allow, you don't have to enmnerate what you don't allow. This is what you allow. It's obvious that you don't allow the others. You know, if you're - it's so simple. If your mother told you go out in the front yard and play but don't go in the street and you go around the block and play in the street over there. You say you didn't tell me; you said not in the front, you didn't say don't go in that street. Well it's pretty obvious she doesn't want you to play in the street. You know, we can get this down pretty simple if you try and use some common sense. So, yes. If you wanted to list every single thing you didn't want to allow in a C-l, we would probably have books stacked up here. We're saying what we do allow in a C-1. Obviously what we don't allow is what's not there. So I really take issue with trying to do that. ObviOusly, I think I've heard enough that this in no way in my mind can be justified as a simple pharmacy. It's obviously a retail store which - with many products. And it is not zoned for that in that particular site. If they want to go for rezoning, we'd have to take a look at that. So I could not support this Site Plan. Male 2: Mayor, I can't support this either. All evidence, everything I've heard here tonight and everything I've seen and read on this case, points to a use that is not permitted in our C-1 zoning and it seems that the applicant is playing the boards to try to make 45 something fit here that truly and, I think they might even believe themselves, doesn't. Because if you have to split hairs and figure out is it this word or that word when every - all the evidence here points to a use that is allowed in higher levels of zoning, it also becomes simple and obvious to me that the intent of this agreement from the very beginning dating back to those early letters and court settlements was not to put a retail outlet in this particular location. And I don't think it's appropriate in this particular location, primarily residential, and it doesn't to my way of reading it fit our current C-1 code and under those circumstances, I can't support it as it stands right now. (Clapping). Mayor: Ms. Denahan, do you have anything? Ms. Denahan: I'll keep my comments brief. I concur with all of the comments that have been made. I especially appreciate some of the comments that Vice Mayor Jaskowitz Mayor: Okay. I would ask the City Attorney's help ia how we want to frame this motion. It sounds to me that there's a consensus here that we're not in favor of the Site Plan as presented to us this evening. Is there - do we need to - in the motion do we need to make anything contingent - the determination - or should we make determination whatever we consider a pharmacy or drugstore - where do we want to go with that issue? Do we need to go' to that issue? City Attorney: You could simply state that based upon the evidence presented to you this evening, that the Site Plan application as submitted is denied. Mayor: Male 2: Mayor: Male 1: Second. Mayor: I have a motion and a second. (Many Voices): Aye. Does anybody wish to make a motion? So moved. I have a motion. Is there a second? Any other discussion? All in faVor? 46 Mayor: All opposed? (Clapping). We need to take a five-minute break to allow the participants to take a break. 47 LEISURE SERVICES DEPARTMENT RECREATION DIVISION SUMMER CAMPS & PLAYGROUNDS 1998 SCHOLARSHIP FUNDING SOURCES Community Action Council Grant (100% scholarships) Latchkey CSC Grant Funding (50% scholarships) Recreation Donation Account 60 'participants 20 participants 16 participants (50% scholarships funded by Boynton Beach Rotary Club) Community Development Block Grant (50% scholarships) Scholarship Funds Awarded 91 participants $15,766 $ 3,250 $ 2,173 $10,230 $31,419 Balance available in. CDBG grant $19,770 Total 1998 Grant Funding for Scholarships $51,189 BOYNTON BEACH YAI I!0. 954 ?SS ]8[~6 PAGE 02 PHARMACIES Located Within the CITY OF BOYNTON BEACH 1. WAL, GR~ENS 16~4 S. Federal HwT. 2. ECKERD DRUGS 131 N. Ceflffress Ave. M~ICA~ON STA~ON 141 E, W~lbfi8~ ~, 4.LEISU~LB P~~ 1889 w. W~~ ~. WALG~EN8 801 N. ~a~ A~. ~83 4741 N, Con~n Av~ 9. BOSTON COMMUN~Y PHARMA~ 28~ S. $eacrest Blvd. S.HUMANA ~~ C~ 1 ~1 $. ~n~ Ave. ~ 9, WI~-DI~E 4770 N. Congr~ Ave, ~0, 701 N. Co~ss Ave. ~/10 Il, PUB~X 501 S.E. l~th Ave. 12. WINN.DIXIE DEVE[ PMENT SERVICES DEPAR~ ENT PLANNING AND ZONING DIVISION MEMORANDUM #97- 444 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION DESCRIPTION OF PROJECT PrOject Name: APplicant: Agent: LOCation: Fiie No.: Land Use Plan Designation: zoning Designation: TyPe of Use: NUmber of units: August 26, 1997 Alhambra Square North Milnor Corporation Malek and Associates Northeast corner of Golf Road and Congress Avenue. NWSP 97-014 Office Commercial (OC) Office and Professional district (C-1) Drugstore with a drive-through and a medical office building n/a Square FoOtage: SUrrounding land uses and Zoning DiStrict: Site Area: Building Area: 3.92 acres 40,065 sq. ft. (see Exhibit "A"- location map) North - Leisureville single family residential development, zoned R-1AA South - Golf Road right-of-way and farther south is undeveloped land, zoned R-3 East Leisureville single family residential development, zoned R-1AA / Page 2 Site Plan Review Staff Report Memorandum #97-444 Alhambra North West - Congress Avenue right-of-way and farther west is Quail Lake, zoned PUD Existing Site Characteristics: Proposed Development: The site is currently undeveloped and contains a hedge centered on the northern and eastern property lines. The developer is proposing construction of two buildings: · 13,905 sq. ft. 1-story drugstore with a drive-through · 26,985 sq. ft. 2-story medical office and a parking facility for 204 parking spaces (see Exhibit "B" - proposed site plan). Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site Regulations: The subject site is vested for traffic concurrency, as it is the subject of a settlement agreement dated prior to the city's and Palm Beach County's concurrency ordinances. The traffic study for the proposed development was forwarded to the Palm Beach County Traffic Division for evaluation. A verbal response was received approving the study. The subject site is exempt from the city's concurrency requirements for the same reason stated above. The Engineering Division is recommending that specific drainage solutions be reviewed at the time of permit review. On-site traffic circulation consists of a 27-foot wide driveway system looping both proposed buildings and connecting the site with Golf Road to the south and Congress Avenue to the west. There are 204 on-site parking spaces to be provided, including seven (7) handicap accessible spaces as required by ADA. This exceeds the minimum standard of 201 Parking spaces, as required by the Land Development Regulations~ Chapter 2 - Zoning for this use. The landscaping of the site will fully meet the code requirements when staff comments are incorporated. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Page 3 Site Plan Review Staff Report Memorandum ~97-444 Alhambra North Community Design Plan: There are two buildings proposed on the site: a Walgreen's drugstore with a drive-through and a medical office building. The Walgreen's building is a one-story structure finished with a beige stucco and is covered by a fiat roof. Entrance elements are covered with a sloped roof finished with "mission S" style roof tiles. The height of the building is 27 feet~ The information regarding exterior building materials proposed for the medical office building is very limited. The elevation drawings show a 25 foot high, two-story building finished with stucco and covered with a fiat roof. Similar to the Walgreen's building, entrance elements are covered with the sloped roof finished with "mission S" style roof tiles. The complex, as a whole, is architecturally compatible with the surrounding residential development. Signage: Signage for the site consists of a pole sign located at the southwest corner of the property. Signage will fully meet the code requirements when staff comments are incorporated. COmpliance with Stipulated Agreement: In October of 1989, the City Commission entered into a court ordered stipulated agreement with the Milnor Corporation to set forth the restrictions for development of the subject Alhambra North property. The conditions set out by this agreement are as follows: (1) Building height not to exceed two stories; (2) All dumpsters to be located away from adjacent reSidential areas; (3) Construction of the six-foot high zoning boundary wall shall be coordinated with the governing association of the adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P.M. The proposal, as submitted, will incorporate all conditions of the stipulated agreement, when staff comments are incorporated. However, with respect to the drug store use proposed, a land use Page 4 Site Plan Review Staff Report Memorandum #97-444 Alhambra North amendment and rezoning to C-2 are necessary, since drugstores are not permitted in the current C-1 zoning of the property. The City Commission has agreed to discuss this revision to the settlement agreement at the September 2, 1997 comnlission which is the same meeting that this site plan request will be discussed. RECOMMENDATION: planning and Zoning recommends approval of this site plan request, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review COmmittee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xC: Central File \\CHffvIA N\SHRDATA\PLANNiNG\SHARED\WP\PROJECTS~ALHAMBRA NORTH\NWSP\SITE PLAN STAFF REPORT WALGREENS.DOC l~, ~~i IUBI IW/-~r ALHAMBRA SQUARE NORTH NS MF ! i. AfY LAKE '0 1/8 '0 400. MILES~ 8OO FEET EXHIBIT "C" Conditions of Approva! Project name: Alhambra Square North File number: NWSP 97-014 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-014 with a Julv 22. 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: None , UTILITIES Comments: 1. Palm trees will be the only tree species allowed within utilities 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. (Sec. 7.5-18.1) 2.: Department of Health permits will be required for the water and sewer systems serving this project. (Sec. 26-12) 3. Fire flow calculations will be required demonstrating the city code requirement of 1500 g.p.m. (LDR Chap. 6, Art. , Sec. 16), or the requirement imposed by insurance underwriters, whichever is greater. (Sec. 26-16(a)). 4. A capacity reservation fee will be due for this project upon the Utilities Department request for signature on the Health Department application forms or within 30 days of site plan approval. This fee will be determined based upon final meter size. (Sec. 26-34(E)) i 5. City water may not be used for irrigation where other sources are readily available. (Comp Plan policy 3C.3.4) Indicate on the site plan the location of the water well to be used for irrigation. FIRE Comments: None POLICE COmments: 6i Depict handicap pavement markings in accordance with code. 7i Provide on the site plan pavement markings indicating the direction of i the intended travel through the drive through ....... I 8i It is recommended that strict attention be paid to D.O.T. guidelines in Page 2 Alhambra North File No. NWSP 97-014 INCLUDE ENGINEERING DIVISION Comments: 9. Replace egress arrows exiting onto S.W. 23rd Avenue with right and left turn arrows [Chapter 4, Section 7.B.2.] 10. Add stop bar and stop sign at the southbound center driving lane between Building A and Building B at the southernmost end of the traffic divider (this will allow for northbound traffic to crossover and enter the drive thru). [Chapter 4, Section 7.B.2.] 11. Remove yellow cross hatch median located between the two buildings and replace it with concrete curb to separate driving lanes from drive thru lanes [Chapter 4, Section 7.B.2.] 12; Provide signage and striping at northeast corner of Building A to prevent traffic from entering the drive through from the wrong direction. [Chapter 4, Section 7.B.2.] 13. 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, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DEP, LWDD and any other pemfitting agency shall be included with the permit request. 14. Entrance to S.W. 23rd Avenue is 39 feet wide which is greater than the maximum allowable of 32 feet. Reduce the width of the entrance driveway by 7 feet or obtain approval from the Director of Development for the 39 foot wide driveway. [Chapter 23, Article II.H.1.] 15. Show six inch thick concrete sidewalks thru both driveways. [Chapter 23, Article II, Section P.] 16. Provide location and details for fire lanes. [Chapter 23, Article II.M.] · .~ 17. Remove both stop bars/signs for southbound traffic along the eastern ' parking area and the one for westbound traffic at the southwest corner of ~ the site for efficient traffic flow. 1!8. At the driveway on Congress Avenue change the straight-thru arrow to a right turn arrow and install a one way arrow sign in the median. // Page 3 Alhambra North File No. NWSP 97-014 19. Revise dumpster plan view eliminating block wall in the front to provide a clear, unobstructed opening of at least twenty feet. 20. At both egress driveways add dual 6 foot solid, yellow stripes 25 feet back from the stop bars to d~lineate traffic lanes. BUILDING DIVISION Comments: 21 On the site plan place a note indicating that the required handicapped accessible path leading to the entrances of both buildings from the abutting public right-of-way and each handicapped parking space will be designed and constructed in compliance with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2Ill (1) thru (4). Where applicable, specify with notes on the plan the location of the required curb cut ramps and built up ramps. 22. Where applicable, provide the following information on the Paving and Drainage Plan: a) Show the location of the handicapped accessible curb cut ramp(s) and built up ramps. b) Provide a detail drawing of the built up ramps. c) SPecify the finish grade elevations and/or slope of the accessible paths required to both buildings from the abutting fight-of-way and the handicapped parking spaces. d) Identify the finish floor elevation of each building. Note: All drawings, dimensions, surface finishes, elevations and slopes shall comply with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2111 (1) thru (4). 23. Based on the detail drawings submitted for the free-standing site sign found on sheet A5.1, omit Note Number 2 found on the site plan drawings. ' .... 24. The 173.8511 square foot proposed free-standing sign shown on the site plan and illustrated on sheet AS. 1 exceeds the 64 square foot maximum sign area allowed by the sign code. Amend the drawings to show the sign area in compliance with the regulations of the sign code. [Chapter ~ 21 - Sign Code, Article IV, Section 2] 25. The 25 foot tall proposed free-standing sign shown on sheet AS.1 ~xceeds the 20 foot maximum sign height. Reduce the height of the sign to comply with the regulations of the sign code. [Chapter 21 - Sign ~ Code, Article IV, Section 2] Page 4 Alhambra North File No. NWSP 97-014 26. Amend all plan view drawings of the site to show the location of the site sign meeting the minimum setback dimensions of ten feet identified in the sign code. [Chapter 21 - Sign Code, Article III, Section 5] 27. The dimensions of the building signage (west building) illustrated on sheet A2.1 indicate the 635 (plus) square feet of proposed sign area exceeds the 154.5 square feet of maximum sign area allowed by the sign code. Amend the drawings to depict the total sign area in compliance with the regulations of the sign code. [Chapter 21 - Sign Code, Article IV, Section 2] 28. All signs that are shown erected upon a parapet wall that extends above : the roof line are prohibited signs. Therefore, to show compliance with the sign code all proposed signs that are shown above the roof line shall be removed or relocated below the roof line. [Chapter 21 Sign Code, Article II, Section 3 and Chapter 1 - General Provisions, Article II, ~ definition of Roof Sign] 29. At time of site plan review building signage is required to be submitted and reviewed for compliance with the applicable codes. Because the applicant did not provide detail drawings of the signage proposed for the east building, the applicant shall place a note on the elevation view drawing of the east building indicating that no building signage will be installed on the building or provide a note stating that a subsequent site i plan approval is required for building sig~age. 30. Permit plans for the proposed project shall comply with the applicable Building, Energy and Accessibility Code. [Chapter 20 - Building, i Housing and Construction Regulations] pARKs AND RECREATION Cmnments: None FOIl ~STER/ENViRONMENTA I Jl ST COmments: None pLANNING AND ZONING Cotnments: 31i With the permit set of drawings provide a clause on the survey stating that the property was abstracted for all easements, right-of-ways and i utility lines, as required by LDIL Chapter 4, Section 7.A. Page 5 Alhambra North File No. NWSP 97-014 32. Provide a statement on the site plan that no part of the subject site will be sold, detached or otherwise separated from the original tract of land without the City of Boynton Beach approval of a subdivision plat._..__..__ 33. Provide lighting details showing shields diverting light from the residential prop. erties located to the north and to the east of the site_z...___- 34. Proposed buffer wall shall be set back, at minimum, a distance of 2 feet from the northern and eastern property lines, as required by the LD1L Chapter 2, Section 4.L. Relocate the buffer wall at a minimum of 2 feet into the prope_._~..~ and dimension the setback required. ____..__ 35. On the site plan show traffic control markings within the vehicular system of the development, including drive-thru lanes, as required by LDR, Chapter 4, Section 7.B.2. ___---- 36.1 Show on the site plan and dimension all required and proposed setbacks of all structures as required by LDK, Chapter 4, Section 7.B. 1. .-------- Submit drawings showing color elevations of both proposed buildings as required by LDR, Chapter 4, Section 7.D.2. Since these were not submitted for staff review, a future site plan modification and/or appeal may be required if the drawings do not comply with the Community Design Plan. --------- Submit a presentation board containing samples of all major exterior building materials as required by LDR, Chapter 4, Section 7.D. 1. _..-.----- On the elevation drawings for the medical office building depict color codes and manufacturer's names of all exterior finishes, as required by LDR, Chapter 4, Section 7.D. 1. _.___--- 40. On the landscape plan, indicate all existing and proposed easements to avoid potential conflicts with the utility lines and proposed structures. Eliminate the discrepancy between the proposed height of the Walgreen's building as depicted on the site plan and elevations...-.----- Provide Leisureville Homeowners Association approval of the proposed buffer wall, as warranted by the Settlement and Stipulated Agreement. Comply with the comments from Palm Beach County regarding access which include moving the driveway onto Golf Road east against the property line or constructing a median from the Golf Road/Woolbright intersection east to the turn lane. Page 6 Alhambra North File No. NWSP 97-014 44. For consistency, eliminate discrepancies between elevations, floor plan and site plan depiction of both buildings. 45. Provide color elevations of the proposed signs. 46. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section 47i The proposed 13,905 square foot drugstore with drive-thru is not a permitted use in the C-1 zoning district. No permits will be issued until an application to rezone the property from C,1 to C-2, a small scale land use amendment and an amended stipulated' agreement are approved by the City Commission and DCA. Lake Worth Drainage District requires that a drainage permit be issued 48!. for the proposed on-site drainage. Provide L.W.D.D. permit prior to i building permit issuance. ADDiTiONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. To be determined. 5~. To be determined. /brae s:~pr~jects~ond of appr~ 15 a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Private or semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities; c. Other governmental agencies such as those providing postal, administrative or regulatory services; d. Telecommunication towers. lA. Uses requiring environmental review permit. Any use listed under 5.J.1. above which uses, handles, stores or displays hazardous materials or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the fOllowing regulations: Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structural height 75 feet 8000 square feet 25 feet 15 feet, each side* 25 feet* 45 feet, not to exceed four (4) stories *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided in Section ll-H hereinafter. K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development I~egulations is hereby incorporated by reference into these zoning regulations, and all planned unit ~ considered zoning districts on developments shall be .... the official zoning map. Chapter 2.5, and all planned unit developments approved in accordance with 1997 S-5 Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. (Ord. No. 96-32, § 1, 8-8-96; Ord. No. 96-51, § 2, 1-21-97) Sec. 6. Commercial district regulations and use provisions. A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-1 office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require conditional use approval, and those uses which are indicated under lB. below shall require an environmental review permit, prior to the establishment of these uses: a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a place of worship, however. b. Financial institutions, including drive-through facilities. c. Funeral homes. do Crematorium.* Funeral home with e. Government facilities, including public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. f. Hospitals. 16 Boynton Beach Code clinics. Medical and dental offices and h. Nursing and convalescent homes. i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. j. Professional and business offices. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Reserved. m. Nursery schools, day care centerS, and other preschool facilities* (See Section Il.C0. n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. o. Instruction or tutoring, with a gross ifloor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, i' 1 recreauona, trade or industrial instruction.* p. Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities. q. Copying service. Print shops shall be allowed subject to obtaining an envirbnmental review permit in accordance with Sectibn 11.3. r. Restaurants,* subject to the following conditions: (1) No restaurant is to be allowed ; in aa office building or complex of less than twenty- five ihousand (25,000) square feet. (2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (40) seats or less. s. Barber shops, beauty salons, manicurists, tailors and dressmakers.* 't. Dental laboratories.* lA. Conditional uses allowed. These uses specified above in subsection 6.^.1. which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Environmental review permit required. Any use listed under 6.A.I. or 6.A. lA. above which uses, handles stores or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Uses prohibited. Any outdoor display of merchandise. 3. Building and site regulations. No building or portion thereof shall be erected,. constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard 75 feet 120 feet 9,000 square feet 40 percent 30 feet 20 feet 1997 S-5 Zoning Minimum side yards MaXimum structure height 10 feet* 25 feet, not to exceed 2 stories** *When abutting residential district, side and/or rear yards shall be thirty (30) feet. **Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Building designed for under building parking shall be (30) feet maximum. 4. Off-street parking. As set forth in SeCtion ll.H hereinafter. B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, or used, in w!hole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in IA. below shall require conditional use approval, and those uses which are listed under lB. below shall 997 S-5 17 require an environmental review permit, prior to the establishment of these uses: All stores and shops in the C-2 district shall be limited to retail sales. a. Any use permitted in C-1 district. b. Any use which is a conditional use in the C-1 zoning district.* The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet: c. Automobile parts and marine hardware stores, excluding, any installation on premises, and excluding machine shop service. d. Camera and equipment and supply stores. audio-visual e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. f. Flower shops and sale of house plants. g. Bicycle shops. h. Luggage stores. i. Music stores. j. Art and ceramic stores. k. Jewelry and cosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of ammunition or firearms; game, and toy stores; bait and tackle shops. n. Paint, wallpaper, tile, carpet, draperies, blinds and shades, and interior decorator shops. o. Office supplies, equipment, and furniture. p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and artists' studios. q. Book stores, religious goods, card shops, tobacco shops, and news stores. r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. ~ s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are permitted uses in the C-2 district. All outdoor display or storage in conjunction with such uses shall be prohibited, however. t. Televisions; radio, video, and stereo equipment and supplies. u. Household appliances andparts for same. v. Curio, souvenir, and gift shops, excluding sale of used merchandise. w. Beer and wine sales, limited to consumption off premises. x. The following personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cIeanlng, maid service, tailors and dressmakers. y. Laundromats and retail laundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photofinishing service. aa. Fabrication and installation of Boynton Beach Code 18' , furniture slipcovers. bb. Taxicab offices and parking, excluding service or repairs on the premises. cc. Automotive service stations, without major repairs (see definitions: "major repairs"), and including car washes as an accessory use, provided that at least one (1) frontage lies along a four-lane collector or arterial road, and the site is develOped in accordance with Section ll.L. In the C-2 district, repair and service of vehicles, other than refueling, shall be limited to automobiles, motorcycles, and pick-up tracks with a rated capacity of not more than one (1) ton. All repair and service of vehicles shall be done within an enclosed building. * dd. Print shops. ee. Drycleaning service, limited to handling goods that are brought to the premises by retail customers. ff. Private clubs, lodges, and fraternal organizations.* gg. Drive-up, drive-through, or driveqn service for any of the retail uses or personal services listed under l.c. through 1.ff. above.* Drive-up and drive-through facilities for financial institUtions shall be a permitted use, however. hh. Art or recreational' instruction. The following uses, provided that the gross floor area of such use does not exceed ten thousand (10,000) square feet: ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens, butcher shops and seafood stores, vegetable and fruit storeS, convenience food stores, and bakeries; catering service. jj. alcoholic General hardware stores. kk. Restaurants, including serving of beverages only in connection with the serving of meals. 11. Drive-through, drive-up, or drive-in restaurants.* mm. Sundries, notions, and variety stores. nn. Drug stores. oo. Clothing, clothing accessory, and shoe stores. pp. Lawn and garden supply stores. qq. Drive-up, drive-throughor drive-in service for any of the retail uses or personal services listed under 1.ii. through 1.pp. above.* Drive-up an~ drive-through facilities for financial institutions shall'- be a permitted use, however. rt. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under 1.c. through 1.qq. above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the~' purpose of computing floor area. lA. Conditional uses allowed: Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Uses requiring an environmental review permit: Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any pan thereof, shall be erected, altered, or used, in whole or in pan, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in SectiOn 11.3: gonalg 19 a. Automotive service stations, subject to the provision of 1.cc. above. b. Print shops. c. Dryclearfing on premises, limited to handling goods that are brought to the premises by retail customers. d. Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste as defined by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. b. AnY use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. c. Outdoor storage or display of any type. d. Sale of firearms or ammunition. e. Sale of fireworks. f. Temporary employment centers, operated on a walk-in basis. g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution. h. Sale of alcoholic beverages, other than beer or wine. i. Serving of alcoholic beverages, except for consumption on premises within a duly licensed restaurant and in conjunction with the serving of regular meals. j. Lumberyards or buildingmaterials stores. k. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops and trading posts. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percem 30 feet 15 feet* 20 feet on side street 20 feet* 25 feet, not to exceed 2 stories *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 4. Repair and service of merchandise: The' repair and service of merchandise for household' customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-2 district, excluding rebuilding or refinishing of any type. 5. Exterior storage or disPlay: Exterior storage or display of merchandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as an accessory use to a lawful principal use. 6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be Boynton Beach Code 20 permitted as an accessory use to a repair shop which is permitted in the district, provided that, in all cases, the floOr area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gr°ss floor area of not more than five thousand (5,000) square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. Ail new applications for occupational licenses to operate such uses °r applications for building permits to expand such USes shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be comPlied with. Exterior storage and display in connection with such uses shall be prohibited. 7. Off-street parking as set forth in Section 11.H hereinafter. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail Commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. b. Any conditional use in the C-2 d'istriCt, except as provided for otherwise under the C-3 district regulatlons, without specific limitation on floor iarea.* c. Antique stores and auctions hous{s, selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) feet of property lying within a residential zoning district as measured by direct distance between property lines. e. Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code of Ordinances. fo horticultural uses. Greenhouses, nurseries, and other. g. Depaxmient stores. h. Hotel, motels, apa, iaiient hotels, and apartment motels, including timesharing units, provided that sleeping rooms and apartment suites therein, and exterior portions of the site shall not be used for the display, lease, or sale of merchandise. i. Lumber yards and building materials stores, including sale to contractors.* j. Multifamily and duplex residential dwellings, including timesharing apartments, which shall comply with the R-3 district regulations for such uses. ~ k. Rooming and boarding houses.* organizations. Private clubs, lodges, and fraternal m. Recreational facilities, including bowling lanes, billiard hails, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go-cart tracks, and water slides shall be prohibited. n. Sale of ammunition and firearms. Zoning 21 o. Theaters and auditoriums, excluding drive-in theaters. p. Automotive service stations, without major repairs (see definitions "major repairs"), and including car washes as an accessory use, provided that the site is developed in accordance with Section 11.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition to those types of motor vehicles for which repair and service is allowed in the C-2 district, but shall exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes. All repair and service of vehicles shall be done within an enclosed building. q. Bus terminals. r. Ambulance service. s. New boat sales, excluding repair or service on premises.* t. Marinas and yacht clubs, which may include the following as accessory uses, if approved as such: Any accessory uses to marinas which are allowed in the CBD district, as well as boat dealers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment.* u. Dry storage of boats at marinas.* v. Yachtels, boatels, and other use of b6ats at marinas for residences.* w. Small equipment and tool rental, fc~r homeowners use, excluding exterior display or storage. x. Governmental, utilities, and communications facilities, excluding uses which have extensive storage or maintenance facilities, or storage o~ maintenance as their principal use. Utilities shall bp adequately screened from exterior view. ~ y. Trade and business labor pools; s/ach uses shall be a conditional use (*) if operated on aI walk-in basis. z. Automobile wash establishments. aa. Wholesaling of goods listed under Section 8.A.l.c.(2), 8.A.l.c.(3), 8.A.l.c.(4), 8.A. 1 .c.(6), 8.A. 1 .c. (7), 8.A. 1 .c.(14), and 8.A. 1.c.(16) of these zoning regulations, and storage of goods for households, but excluding any exterior storage or display, where all portions of the property lie within three hundred (300) feet of a railroad right-of-way, and direct access to the property from a collector or arterial road is not available at the effective date of this ordinance.* The conditional use application shall list the specific types of goods which are to be sold, stored, or distributed from the premises, and uses of the property shall be limited to those specified on this list, as approved by the Ci~ Commission. bb. Adult entertainment establishments. cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, are as follows: (1) This use is not permitted on sites less than five (5) acres in size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in a shopping center and Within the principal building of the shopping center; :~'~ (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. * For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. Boynton Be~ Code dd. Upholstery and carpet steam cleaning businesses. ce. Marine canvas retail sales and fabrication (no on premises installation). lA. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Uses requiring environmental review permit. Within any C-3 community commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3: a. Any use which would require an environmental review permit in the C-2 district. b. Sign painting and lettering shops. c. Automobile wash establishments. d. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, provided that all such uses shall be located in a shopping center and shall be located within the principal building of the shopping center, and provided that the site occupied by the shopping center has an area of not less than five (5) acres. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or l~ss), or multipurpose passenger vehicles (motor vehic perso chass off-re vehic Le with motive power designed to carry ten {10} ns or less which is constructed either on a truck is or with special features for occasional ,ad operation). All repair and service of res shall be done within an enclosed building. e. Any use listed under 6.C.1. or 6.C.1A. which uses, handless, stores, or displays hazardous materials, or which generates b~7~rdous waste, as del'reed by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-3 community commercial zoning district, no building, structure, land or water, or any pan thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., IA., and lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB. above. c. Any wholesale establishments, storage as a principal use, off-premises storage, or distribution, except in accordance with 1.aa. and IA. above. d. Single-family detached dwellings, except where used as a group home. flea or posts. e. Sales bazaars, farmer's markets, thieves' markets, swap shops, and trading f. Bingo halls. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, convened, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area. Maximum lot coverage (building) Minimum front yard Minimum side yard (interior lots) 75 feet 15,000 feet 40 percent 20 feet None (see Notes a and b) Zonin~ Minimum side yard (comer lots) Minimum rear yard Maximum structure height 15 feet street side (see Note b) 20 feet (see Notes b and c) 45 feet, not to exceed 4 stories a. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. b. When abutting a residential zone, side and/or rear yards shall be thirty (30) feet c. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 4. Off-street parking as set forth in section 11 .H hereinafter. 5. Repair and service of merchandise: The repair and service of merchandise for household cUStomers shall be permitted as either an accessory or principal use, for any merchandise which is typically sOld in the C-3 district, excluding rebuilding or refinishing of any type. 6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be permitted, provided that such merchandise is owned by the operator of the business occupying the building, and is the same type of merchandise that is ~ically sold within the building. Exterior storage of merchandise shall be for a length of time which, on a daily basis, shall not exceed eighteen (18) hours. EXterior storage or display of motor vehicles and ~ats, excluding wrecked motor vehicles, shall also b~ permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation on length of time. Exterior display of merchandise shall be cbmpletely contained within property lines, and shall not completely block walk-ways or otherwise create a ~d to the public. Parking areas shall not be used f6r such displays except for a period or periods of t~e which shall not exceed seven (7) days within any one (1) calendar year. Permission from the development director or his authorized representative shall be required for any use of parking areas for display of merchandise. The exterior display or storage of growing plants shall be permitted in connection with a lawful principal use, without limitation on length of time 7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval by the city manager or such person as may be designated by the city manager. 8. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores (including pawnshops) which deal primarily in used merchandise, other than antique shops or auction houses (see 1.c. above), shall be limited to sale of retail merchandise of the type that is allowed in accordance with the list of uses under 6.C. 1. and 6.C. iA. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor area and shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage or display in connection with such uses shall be prohibited. D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep Boynton Beach Code accesses to a minimum, and combine accesses, so as to limlt the drive out interruptions. In addition, these regulations can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. 1. Uses permitted. Within any C-4 general commercial district, no building, structure, land or water, shall be used, except for one (1) more of the following uses: a. Any use which is a permitted use in the C-I, C-2, or C-3 zoning district. b. Any use which is a conditional use in the C-3 zoning district, except as provided for otherwise in the C-4 district regulations.* c. Adult entertainment establishments, in accordance with Section 11 .M.* d. Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks.* e. Automobile wash establishments. f. Wholesale or retail sale of goods listed under Sections 8.A. 1.c.(2), 8.A.t.c.(3), 8.A.i.c.(4), 8.A. 1.c.(6), 8.A. 1.c.(7), 8.A. 1.c.(9), 8.A.l.c.(10), 8.A.l.c.(ll), 8.A.l.c.(14), and 8.A. 1.c.(16) of these zoning regulations. g. Electrical, plumbing, heating, painting, roofing, and upholstery supplies.h. Fabrication and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed building, with a gross floor area of less than two thousand (2,000) square feet. i. The wholesale sales and distribution of prepackaged meats and poultry. Sales shall!be restricted to sales to the trades and not to the gene}al public. ~ j. Self service storage facilities, in accordance with Section 11.0' lA. Conditional uses allowed. The uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Uses requiring an environmental review permit. a. Any use which would require an environmental permit in the C-3 district. b. Service or repair of automobiles. recreation vehicles, utility trailers, boats, and commercial trucks, and motor vehicles for which service and repair is permitted in the C-3 district as either a principal or an accessory use, and major repairs, customizing, paint and body shops, and battery and tire sales and service, and sailmaking. Service and repair work shall take place entirely within an enclosed building. c. Fabrication and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed building, with gross floor area of two thousand (2,000) square feet or more but not to exceed six thousand (6,000) square feet. d. Machine shops, and rebuilding of equipment or parts that are typically sold in the C-4 district, limited to service for individual customers, and excluding industrial remanufacture of equipment or parts. e. Any use listed under 6.D.1. or 6.D.1A. which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 2. Uses prohibited. Within any C-4 general commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB. above. 1996 S-1 Zonin~ ~ b. Any use which is either i . spCmfically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB. above. c. Any residential use, including group homes and residential institutions. Hotels and motels, and apamnent hotels and motels shall be a permitted use, however. d. Exterior storage, unless ade- quately screened. e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops, and trading posts. f. Warehouses or storage buildings, except self service storage facilities (mini- warehouses), except when utilized as an accessory to a principal use which is allowed in accordance with 6.D. 1., 6.D. iA., or 6.D. lB., above, and located on the same parcel as the principal use. g. Contractors' storage and shops. 3. Building and site regulations. No building or portions hereof shall be erected, con- structed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage 50 feet Minimum lot depth 100 feet Minimum lot area 5,000 square feet Maximum lot coverage 40 percent Minimum front yard 25 feet Minimum side yard (interior lots) 15 feet one side* Minimum side yard (comer lots) 15 feet on street side* Minimum rear yard 20 feet* Maximum structure height 45 feet not to exceed 4 stories *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. i 1996 $-t Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required except on comer lots. 4. Off-street parking: As set forth in Section 11.H hereinafter. 5. Repair and service of merchandise: The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C4 district. 6. Exterior display or storage. Exterior display of merchandise shall comply with all provi- sions that apply to the exterior display of merchandise in the C-3 district. Exterior storage of merchandise, materials, or equipment shall be allowed only as an accessory use to a lawful principal use which occupies a building, and shall be adequately screened. Exterior storage or display of motor vehicles and boats, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal noncon- forming use, and without limitation on length of time, and without the requirement for screening. 7. Sale of used merchandise. Sale of used merchandise shall comply with all provisions that apply to the sale of used merchandise in the C-3 district. Distance separation requirements as set forth in Section 6.C.8. of appendix A shall have no application to not-for-profit organizations. E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, recreational, and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 1. Permitted and conditionaluses. Within the central business district, no building, structure, land, or water, or portion thereof, shall be used except for one or more of the following uses listed below. Uses specified below which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance 26 Boynton Beach Code with Secuon 11.2 of these zoning regulations, except that wl~ere such uses are located in the CBD, the community redevelopment agency shall take the place of the planning and development board in all proceedings. Furthermore, no part of the CBD shall be developed until a complete, detailed development proposal has been submitted to the city and approved in accordance with the standards and procedures set forth in Part m, Chapter 4, Land Development Regulations. Such proposals shall generally follow the design guidelines established by the city for the CBD, and shall include water, sewer, storm drainage, traffic flow, parking, landscaping, lighting, and other data as required by Part llI, Chapter 4, Land Development Regulations. Eating and Drinking: a. Restaurant. al. *Restaurants with drive-in or drive-through facilities when not in conflict with the public/private pedestrian system of the adopted redevelopment plan. b. Bars and cocktail lounges, ex- cluding adult entertainment establishments. Entertainment and Recreation: c. Public parks and recreation facilities. d. Theaters and auditoriums, ex- eluding drive-in theaters. e. Marinas, limited to the following uses: m°oring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters, provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. Dry storage of private pleasure craft shall be permitted as a conditional use. Service and repair of private pleasure craft shall be permitted as an ~ssory use to dry storage. Buildings used for dry storage of boats shall not exceed forty-five (45) feet inlheight, shall be enclosed on at least three (3) sides, and shall be designed so as to be compatible with the intent of the CRA plan, CBD zoning and landscaPing regulations, and CBD design guidelines. The hours of operation of a dry storage facility shall be no earlier than sunrise and no later than sunset. In addition, other uses may be allowed at marinas, in accordance with the list of permitted and conditiormi uses for the CBD (central business district). f. *Private recreation and amusement facilities, including bowling alleys, gymnasiums, and health centers. Hotels, Motels and Residential: g. Hotels andmotels. h. *Multiple-familyresidential, time- sharing apartments, motel apartments, and hotel apartments. Offices and Financial Institutions: i. Medical and dental offices and laboratories. j. Professional and business offices, excluding offices or clinics for drug or alcohol treatment or counseling, psychiatric treatment or counseling, or any other type of personal rehabili- tation. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Financial institutions, without drive-up tellers. up tellers. *Financial institutions, with drive- Public and Quasi-Public: n. Government facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal o. Churches and other places of worship, including rectories and convents as an accessory use. 1998 S-7 Zonin~ p. *Clubs, lodges, and fraternal organizations. q. *Public utilities communications facilities. and r. *Nursery, day care centers, and pre-school facilities. s. *Primary and secondary schools, excluding trade or industrial schools. t. *Colleges, seminaries, and universities, excluding trade or industrial schools. u. Non-degree instmctionor tutoring, under 2,000 square feet of gross floor area, excluding trade or industrial instruction. v. *Non-degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding trade or industrial instruction. w. *Public assembly aUditoriums, and community centers. halls, Retail: x. Department stores. y. Beer, liquor, and wine sales, eXcluding drive-through facilities. z. Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. aa. Art and ceramic stores. bb. Curio and gift shops, excluding sale of used merchandise. cc. Music and camera shops. dd. Furniture, home furnishings and accessories, appliances, and interior decorator shops. ee. Hardware, marine hardware, drapery, carpet, tile, paint and wallpaper stores, but 'excluding lumber or building materials dealers, lawn and garden shops, glass, electrical, plumbing, heating supplies, and the like. ff. Clothing and clothing accessories stores, excluding sale of used merchandise. gg. Sundries, notions, and variety stores. supplies. house plants. hh. Art, craft, hobby, and sewing ii. Florist shops, including sale of r jj. Bicycle shops. kk. Pet shops, excluding kennels or boarding of animals. II. Office supplies and equipment. mm. Book stores, news dealers, and tobacco shops. mn. Sporting goods, game and toy stores. oo. Luggage stores. pp. Jewelry and. cosmetics stores. qq. Optical goods and hearing aids stores. rr. Phannacies and drugstores. ss. Food and grocery stores, retail confectioneries and bakeries, ice cream parlors, and delicatessens, excluding drive-through facilities. tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 6.C.6. of these zoning regulations. uu. Sidewalk sales, subject to approval by the community redevelopment agency. uua. New auto parts and accessories. Boynton Beach C~de Services: w. Personal service establishments. ww. Printing, engraving, fine art studios, photof'mishing service, photographic studios and laboratories; film and recording studios. xx. *Funeral homes, excluding crematoriums. yy. Business machine service offices. zz. Coin-operated laundromats, dry cleaning service, limited to handling goods that are brought to the premises by retail customers, tailors and dressmakers, alteration and repair of clothing or clothing accessories. Transportation: aaa. Public parking lots and garages. bbb. *Bus terminals and taxi stands. ccc. *Railroad passenger stations. ddd. *Automobile rental, limited to rental of new cars. eee. *Helistops. , fff. *Private parking lots and garages, where operated as a principal use. lA. Uses requiring environmental review permits. Within the CBD, Central Business District, no bUilding or structure, on land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, i unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3 of these zoning regulations: , a. Dry cleaning on premises, limited to handling goods that are brought to the premises by retail icustomers. 1. which use handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 2. Uses prohibited. Within the central business district, no building, structure, land, or water, or any portion thereof, shall be used for any of the following uses: a. Any use not specifically allowed in accordance with Section 6.E. 1. above. b. Any use specifically prohibited in Section 6.E. 1. above. c. Adult entertainment establishments. d. Massage parlors. e. Laundry or dry cleaning plants; carpet or upholstery cleaning plant or service. f. Outdoor storage of any type, other than rental cars in accordance with Section 6.E. 1. g. Sale of used merchandise, except for art objects, jewelry, coins, quality restored antiques, and the like, which shall be subject to the provisions of Section 6.E. 1. '-- h. Pawnshops. i. Personal rehabilitation or clinics or offices, including counseling services for same, residential or nonresidential; any residential use which requires professional supervision, counseling, medical or nursing care on the premises, or access to same. j. Reserved. k. Wholesale establishments or distribution. 1. Storage as a principal use, or any off-premises storage. m. Service, repair, sales or storage of vehicles. n. Repair shops, other than repair of b. Any use listed under Section 6.E. clothing and clothing accessories, except that service and repair services shall be allowed as an accessory use to retail sales, provided that the floor area devoted to repair services shall not exceed 25 % of the gross floor area. o. Temporary employment centers, operated on a walk-in basis. p. Rooming or boarding houses, adult congregate living facilities, nursing homes, or any other group housing. q. Dry storage of boats; boat dealers; service, repair, installation, building, rebuilding, or customizing of boats, engines, or marine equipment. freight. r. Loading or unloading of railroad 3. Building and site regulations. No building, structure, land, or water shall be erected, altered, enlarged, or used unless in conformance with the following regulations: Minimum lot frontage Minimumlot depth Minimum lot area Minimum front yard Minimum rear yard Minimum side yard Minimum waterfront yard 75 feet 100 feet 15,000 square feet None, at all floors. 20 feet abutting adjacent properties at first floor level. 8 feet abutting street or alley at first floor level. None, at all other floors. None, for interior lot lines. 8 feet abutting street or alley at first floor level. None, at all other floors. Regardless of the orientation of the lot or parcel, an 8-foot setback shall be maintained from a building or structure and any navigable water. Waterfront setbacks Maximum lot coverage Maximum structure height Living area minimum per multiple-family dwelling unit Canopies and awnings Movable awnings over right-of-way shall be measured from the property where the body of water is under different ownership than the subject property line, and measured from the mean high water line if the body of water is under the same owner- ship as the subject- property. 75 per cent. 85 per cent for parking garages. 45 feet, not to exceed 4 stories. Multiple-family dwelling unit density maximum 10.8 dwelling units per acre. Applica- tion of residential density to a parcel shall not preclude or limit the development of the par- cel for other uses which are lawful under the central business district regulations, provided such developments otherwise comply with these zoning regulations. 750 square feet. Canopies or awnings for pedestrian, entrance ways, with at least 9 feet clear, may project to the property line in any required yard. Movable awnings may extend not more than 8 feet over a sidewalk in an adjacent right-of- way, provided such awning or any part thereof shall maintain a clear height of 9 feet above the sidewalk. 1998 S-7 Boynton Beach Code Permanent structural projections from buildings Regulatory guidelines Utility lines, mechanical equipment Such awnings extending over rights-of-way shall be moved or removed at the request of the city. Eaves, sills, belt course, cornices, pilasters, and other architectural features; gutters, chim- neys, and mechanical equipment, may project not more than 3 feet into any required yard, provided that such structures are located within the property lines and conform to esta- blished central business district design guide- lines. Construction and development shall essentially conform to the Community Redevelopment Plan, Land Development Regulations and District Design Guidelines. Utility lines shall be installed underground, and any service equipment required above ground shall be effectively screened. 4. Off-street parking and loading space. a. Parking and loading space requirements. Parking and loading space requirements and standards shall be as set forth in Sections ll.H., l l..I., i and l l.J., of these zoning regulations, as modified by the provisions below. b. Parking space calculations: (1) Parking space requirements shall be calculated in accordance with Section ll.H.16, of these zoning regulations, except that in the CBD, the following shall apply: (a) The number of required parking spaces shall be reduced by fifty (50) per cent; and Co) If the property owner or business is unable to provide on-site one-hundred (100) percent of the parking spaces required pursuant to Section ll.H.16, of these zoning regulations, all spaces provided by the property owner or business, on- or off-site, shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. (2) Shared parking: When two (2) or more adjacent properties combine their on-site parking and construct a shared parking facility with common access drives, the number of required parking spaces shall be reduced by an additional ten (10) per cent. c. Location of parking spaces: (1) No surface parking shall be permitted in the front yard of any building along a major public pedestrian streetscape system as designated in the community redevelopment plan. (2) Notwithstandingprovisions of Section 11.I., in the CBD required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. The distance requirement shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property on which the leased parking is located. The property, which is the subject of the application, shall be posted with signage indicating to patrons the location of the leased parking. (3) Lease arrangements to provide required parking spaces shall be subject to approval by the community redevelopment agency, after review and recommendation by the technical review board. 1998 S-7 Repl. 30A d. Special parking and loading space requirements. The community redevelopment agency or City Commission, consistent with the approval procedures set forth in Part IH, Chapter 4, Land Development Regulations, shall modify requirements for parking and loading spaces, and: (1) Require additional spaces if the requirements are found to be insufficient. (2) Require fewer spaces if quantitative evidence is provided substantiating that the requirements are excessive. The community rede- velopment agency of City Commission shall take into account existing parking facilities in the vicinity of the proposed development. 1998 S-7 Repl. ~onin~ 31 5. Landscaping. Landscaping shall be provided as set forth in Chapter 7.5 of the City of Boynton Beach Land Development Regulations. 6. Sign. Signs shall conform to the apPlicable provisions set forth in Chapter 21 of the City of Boynton Beach Land Development Regulations. 7. Nonconforming structures. a. Purpose. It is the purpose and intent of this section to allow the limited expansion of a nonconforming structure which is used for a conforming use and which is located within the central business district (CBD). b. Procedure. (1) No nonconforming structure loCated in the central business district may be changed, enlarged, expanded, or restored without the property owner first submitting an application for approval of the proposed change to the city and receiving approval as hereinafter provided. (2) Applications shall be sUbmitted to the planning and zoning department on folrms prescribed by the planning and zoning department. (3) Applications shall be piocessed according to the procedures for a site plan review in the central business district and shall be reviewed by the community redevelopment advisory board and approved by the community redevelopment agency. c. Review criteria. Prior to granting an approval for the expansion of a nonconforming structure, the following findings shall be made: (1) That granting the application will not adversely affect the public interest. (2) Expansion will not be d~trimental to the health, safety, and general welfare qf persons working or residing within the central l~usiness district. [997 S-5 (3) Approval will to the maximum extent possible bring the building and the site upon which it is located into compliance with city regulations and will improve the physical appearance of the structure. (4) That the expansion will be in harmony with the general intent and purpose of the central business district. d. Conditions. (1) T h e community redevelopment advisory board shall recommend and the City Commission sitting as the community redevelopment agency may prescribe appropriate conditions and safeguards necessary and reasonable to ensure that the expansion of a nonconforming structure will be in harmony with the general intent and purpose of the central business district. (2) In no event shall an application be granted which would permit the interior gross floor area of a nonconforming structure to be enlarged by more than twenty-five (25) percent in size. e. Development standards. (1) In the event an application for expansion of a nonconforming structure is granted, additional parking spaces shall only be required for the expanded area of the nonconforming structure. Chapter 23, Parking Lots, shall not apply to expansions of nonconforming structures approved pursuant to this section. (2) All sites will be brought into compliance with the zoning and development regulations of the city to the maximum extent possible. The community redevelopment agency may grant relief from provisions of requirements of the zoning and development regulations of the city provided that they make specific findings of fact that the waiver will not be detrimental to the health, safety, and general welfare of persons working or residing within the central business district and that the waiver will result in additional business activity that is harmonious with the general intent and purpose of the central business district. 32 Boynton Beach Code f. Compliance with other codes. Nothing in this section shall diminish the responsibility of an owner to maintain his use or structure in full compliance with all other city, county, state, or federal regulations, or licensing procedures. g. Payment in lieu of parking. (1) When the community redevelopment agency finds that the property owner seeking an expansion cannot effectively, efficiently, or economically provide for the additional on-site parking required for the expansion, the community redevelopment agency may accept a payment in lieu of parking. The payment shall be based on a formula established by the city administration and adopted by resolution of the City Commission. In the event the City Commission fails to adopt a resolution establishing a formula for calculating the payment in lieu of parking, then in that event, no payment in lieu of parking may be made and the number of on-site parking spaces required or an equivalent number of off-site parking spaces obtained pursuant to a binding long-term off-site parking agreement shall be provided as a condition of approval. (2) The community redevelopment agency shall make the following findings prior to authorizing a payment in lieu of parking: (a) The number of off-street parking spaces required to be provided for a develoPment by the Land Development Regulations. Co) The maximum number of spacesi which can be provided by the development in a m~er which effectively serves the development, is costiefficient, and is consistent with the intent of the CBD zoning district. (c) The number of parking slSaceg that the community redevelopment agency dete~ines can reasonably be accommodated in municlpal parking facilities, either existing or planned to be constructed within five (5) years after authorization of the payment in lieu of parking. 1997 S-5 (d) The current capital cost of providing required parking spaces to serve the use contemplated by the payment in lieu of parking. (3) Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: (a) Any off-street parking arrangement satisfied in this manner shall mn with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu ofparking fee. Co) No refund of payment shall be made when there is a change to a use. requiring less parking. (c) The payment in lieu of parking shall be made to the city in one lump sum prior to issuance of a building permit. (d) Funds derived from a payment in lieu of parking shall be deposited by the city into a parking trust fund, and unless the applicant consents otherwise, shall be used and expended exclusively for the purpose of planning, designing, or developing public parking facilities located within one thousand (1,000) feet of the development for which the payment in lieu of parking was made. The distance requirement referenced herein shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application to the closest boundary line of the property on which the public parking facility is located. 8. Structures in excess of forty-five (45) feet in height. Notwithstanding the height limitations' referenced in Section 4F of Chapter 2 of the Land Development Code of the City of Boynton Beach, Florida, all uses enumerated and permitted in the Central Business District, according to the Code of Ordinances which shall include but not be limited to hotels, motels, condominiums, apartments, offices, financial institutions, eating and drinking establishments, entertainment and recreational uses, retail use and transportation use or any structure containing a mixed use thereof, shall be permitted to Zonin~ 33 be consu'ucted in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. F. PLANNED COMMERCIAL DEVELOPMENT DISTRICT. 1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or future city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. 2. Definition. A "planned commercial development": a. Is land under unified control, planned and developed as a whole in a single development operation or a programmed series of development operations for commercial buildings and related uses and facilities; b. Provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; [ c. Is developed according to c~mprehensive and detailed plans for streets, utilities, 10ts, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be l~cated, constructed, used and related to one another, 1997 S-5 and detailed plans for other uses and improvements on the land related to the buildings; and d. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: a. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD; b. Provide agreements, comracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and c. Bind their successors in title to any commitments made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to 34 Boynton Beach Code the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally. a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities withoUt creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional fights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or propertY, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be apprOPriate to both kind and pattern of use intended. 5. Uses permitted, conditional uses, uses requiring environmental review permit. a. All uses listed in Section 6.C. 1 of these Zoning regulations provided however, that uses listed as conditional will not be required to secure c~hditional use approval if shown on the master plan required as a part of this submission, and uses will not bei subject to the minimum acreage requirements of Sedtion 6.C.1. if the site meets the minimum acreag~ requirement for rezoning to PCD and all portio~ of any building dedicated to such use are 1997 S-6 separated from residentially zoned property by a distance of 200 feet; Uses which would require an environmental review permit in the C-3 district shall also require such a permit in accordance with Section 11.3, prior to being established in a PCD district. Furthermore, the planning and development board may require that any other use obtain an environmental review permit, prior to being established in a particular PCD. Any use which uses, handles, stores, or displays ha:mrdous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. and bo Uses ancillary to permitted uses; c. Commercial uses not listed in Section 6.C.1, but approved by the planning and development board. 6. Uses prohibited. a. All uses listed in Section 6.C.2 of these zoning regulations. 7. Design criteria for planned commercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design and construction of planned commercial developments: a. Minimum land area. The minimum land area for a planned commercial development shall be three (3) contiguous acres. b. Off-street los_ding. Every hospital, institution, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. For the purposes of this section, screening is defined as a solid stucco masonry wall Painted on both sides. 35 c. Lot coverage. The total ground floOr area of all buildings and accessory structures shall not exceed forty (40) percent of the plot on which they are constructed. d. Open lot areas. All open portions of any lot shall have adequate grading and dra~ge and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover. The design of such landscaping and the measures taken to ensure its maintenance shall be subject to the approval of the community appearance board. eo district setbacks: Plannedcommercial development (2) A master plan containing: (a) The tide of the project and the names of the professional project planner, engineer, surveyor and developer; (b) Scale, date, north arrow, and general location map; (c) Boundaries of the property involved, all existing meets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; (d) Site plan of locations of land uses including but not limited to commercial Front yard 40 feet areas, greenbelts and proposed right-of-ways; Side yard 30 feet Rear yard 40 feet (e) Master plan showing access and traffic flow; and f. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped greenbelt area with a minimum width of ten (10) feet except when such property abuts a residential district such greenbelt shall have a minimum width of twenty-five (25) feet. 8. Procedures for zoning land to planned commercial development. The procedure for zoning land to the planned commercial development classification shall be the same as for zoning lands generally; however, because of the differences between planned development districts and conventional district boundary regulation changes, the procedures and requirements which follow shall apply to all applications for zoning to PCD in addition to the general requirements. a. Applications; materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: (1) Legal documents assuring unified control of the proposed PCD and the agreements required under subsection 3 above. (f) Tabulations oftotal gross acreage in the development and percentages thereof to be devoted to the various land uses. (3) Subdivision master plan requirements not listed above. (4) A market study indicating the market area and demand for the facilities proposed. 9. Planning and development board findings. After conducting a public hearing(s), the planning and development board shall recommend to the City Commission that the PCD zoning request be approved, approved with modifications or denied. In making its recommendation to the City Commission, the board shall make findings that the applicant has met the following requirements: a. The requirements of Section 9C of these regulations related to zoning generally; b. The requirements for unified control listed in Section 6F3 above; c. The standards listed in Section 6F4 above; 1997 S-6 36 Boynton Beach Code d. The design criteria listed in Section 6M above; and e. Consistency with the adopted comprehensive plan for Boynton Beach. 10. Conditions and stipulations. In recommending zoning of land to the PCD classification, the planning and development board may recommend and the City Commission may attach suitable conditions, safeguards, and stipulations, in accord! with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning to PCD shall be binding upon the applicant or his successors in interest. Deviations from the approved master plan except in the manner herein set out or i failure to comply with any requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditiOns, safeguards or stipulations be required which are not within the standards set out in these zoning!regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations and this section. 11. Time limit. The approval of the zoning Ito PCD by the City Commission shall be in effect for eighteen (18) months from the effective date of the approval of the ordinance to rezone. Failurel to record a plat of record for the first phase of the development or for the total development as the case may be within the aforementioned eighteen (18) months shall result in the approval of rezoning being subject to review by the City Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the pro~)eny shall be issued by the city until a final determination is made by the City Commission f611owing notice and public hearing. Upon written request by the applicant prior to the expiration of the PCD classification the City Commission may extend for one (1) additional year, the period for commencing platting procedures. In granting such extensions, the City Commission may impose 1997 S-6 additional conditions to insure completion of the platting process and conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments. 12. Platting, site development plans and building permits. a. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapters 5 and 6 of the Boynton Beach Land Development Regulations. b. Site development plans. All plans forlots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 4, Site Plan Review, Land Development Regulations. c. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 5 of the Land Development Regulations are completed in every respect. 13. Changes in plans. a. Modifications to approved plans which result in an increase of ten (10) per cent or more in measurable impacts such as traffic created, water used or sewage or storm water generated or some other comparable measure shall be processed as for a new application for zoning to PCD. b. Modifications to approved plans which result in an increase of less than ten (10) per cent in measurable impacts as determined by including any changes in traffic generated, water consumed or sewage to be collected will require review and recommendation by the planning and development board and final approval by the City Commission. The City Commission decision to approve, approve with modifications or deny, shall be predicated upon a finding of consistency with the comprehensive plan and a trmding that any such increase will not result in a negative impact on infrastructure delivery systems or the surrounding area in general. It is the intent of this section that all additional impacts be mitigated. Modifications which CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] April 7, 1998 March 20, 1998 (noon) [] April 21. 1998 April t0, 1998 (noon) [] May 5, 1998 April 24, 1998 (noon) [] May 19, 1998 May 8, 1998 (noon) [] Administrative NATURE OF [] Consent Agenda AGENDA ITEM [] Public Hearing [] Bids CiTY MANAGER'S REPORT iTEM B. Requested City Commission Meeting Dates [] June2, 1998 [] June 16, 1998 [] July 7, 1998 [] July21, 1998 Date Final Form Must be Turned in to City Clerk's Office May 22, 1998 (noon) June 5, 1998 (noon) June 26, 1998 (noon) July 10, 1998 (noon) [] Development Plans [] New Business [] Legal [] Unfinished Business RECOMMENDATION: Include speed humps as an acceptable traffic calming device. Further study of alternative devices may be advisable. EXPLANATION: The evaluations by the neighborhoods conducting the pilot program for speed humps approved of the use of speed humps, however a surprising number (77%) suggested there may be other ways to have accomplished the same or better results. (See attached memo for further information concerning the survey results) PROGRAM IMPACT: Would allow the use of traffic calming devices and possibly set up program for dealing with neighborhood traffic problems. FISCAL IMPACT: Cost per speed hump $1500. Total cost of program dependent on direction from the City Commission. ALTERNATIVES: Study other traffic calming devices, and compare results. Public Works Department Name S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources June 5, 1998 The tabulated results of this survey were interesting. The neighborhood basically said, according to the majority of the respondents, that they liked the speed humps, the speed humps did slow traffic speeds, the speed humps made the neighborhoods safer, the speed humps are not dangerous to traffic, they are not unattractive, they do not cause drainage problems, the neighborhood would like to see the speed humps remain, the neighborhood recommends the speed humps to other neighborhoods, however 77% of the respondents thought there were other ways to control the speed of traffic through their neighborhoods. This conclusion appears to recommend further study on the matter. Many comments were made in reference to other methods to control traffic: More police activities to control speeders Close the streets to the 23rd connection Better signage Reconfigure traffic flows to discourage traffic cut-through Restrict turning from the favored cut-through lanes into the neighborhood Comments to the other questions asked in the surveys: Speed has not been diminished Speed humps too far apart The problems are with students speeding to and after school Worry about any changes as it affects emergency services Kids on bikes and skateboards, and even cars are using the speed hump for jumps More kids now play in the streets since the speed hump installation They do slow traffic but are not ideal solutions Speed Humps have reduced speeds and traffic counts through neighborhoods Speed Humps receive considerable respect from most drivers Humps need to be built higher Don't like speed humps, but they're better than nothing Should be located at property lines instead of in front of houses It was interesting that some people did not like the speed humps, some people thought they were unattractive, but did not want them removed. It was clear from several comments that the neighborhood residents were not the speeders, and were not causing the problems. The problems were the students or young drivers cutting through the neighborhoods. The neighborhood was obviously glad for some relief' from the high-speed cut-through drivers, ' though several comments indicated that the reductions in speed were questionable. There seemed to be n._~.o disagreement with there being a problem in the neighborhood. There seemed to be n_po disagreement that speed was the problem. There was general consensus that speed humps helped the problem, but the bottom line appears that other solutions should be considered. The survey indicates that speed humps are effective in controlling speed within a neighborhood. Speed Humps appear to have beneficial results and are acceptable to those subject to them. However, it must be emphasized that speed humps should no__!t be considered as th.__~e Solution to traffic problems within neighborhoods. The pilot program only tested the acceptability of this one device, and did not in any way rate the effectiveness of this device (speed humps) with other traffic calming devices, which are many. The pilot program and the survey do not indicate that speed humps were even the best traffic calming device that could have been used in the pilot neighborhood. The City of Boynton Beach Public Works Department 222 NE 9~' A ye. Boynton Beach, Florida 33425-0310 Phone # (561) 3 75-6200 FAX # (561) 375-6211 April 29, 1998 Dear A. Bonilla: Recently, the City of Boynton Beach has been exploring a variety of different types of traffic control devices. We are very interested in your opinion on the subject of speed humps. Enclosed is a Speed Hump Appraisal Questionnaire. Please take a few minutes to give us your opinion by completing the questionnaire. With your help we will be able to evaluate the Speed Hump program and determine its future success. Please drop.completed surveys off at the Public Works Department located at 222 NE 9tn Ave. or you can mail them to: City of Boynton Beach, P.O. Box 310, Boynton Beach, FL 3343 7, A TTN: Public Works Department. Your cooperation is greatly appreciated. Sincerely, Public Works Director CR/CLR/cr DEPARTMENT OF DEVELOPMENT Memorandum DD 98-158 TO: FROM: DATE: RE: Kerry Willis, City Manager Wilfred Hawkins, Support Services Manager Dale Sugarman, Assistant City Manager Members of the Planning & Development Board Bulent I. Kastarlak, Director of Development~ June 4, 1998 TRAFFIC CALMING DEVICES DEPARTMENT OF DEVELOPMENT - ENGINEERING DIVISION TRAFFIC CALMING DEVICES JUSTIFICATION FOR THE USE OF SPF. F,,D HUMPS IN THE CITY OF BOYNTON BEACH One of the major concerns today is excessive speed in urban areas and using local streets as thru streets, especially within neighborhoods. There are many options available to government agencies to control speed and volume, but all of them come with tradeoffs, or concessions for the residents. Examples of traffic calming solutions in Florida include stop signs, one way streets, police enforcement, street closures, roundabouts, semi- diverters (blocking one-half of the street), chicanes (curb extensions into the roadway), and speed humps.. Some of these calming measures call for extensive street modifications, such as street construction, curbing, landscaplng, signage, and obtaining additional right of way. These choices limit an agency's ability to finance such projects due to cost constraints including the costs of repair and continued maintenance. Other traffic calming devices require police surveillance and the issuance of citations on a recurring basis. These activities place a burden on the limited resources of a police department and take personnel away from more important police matters. Sometimgs referred to as the "sleeping policeman", the speed hump, a three to four inch high lift of asphalt over a twelve foot distance across the roadway, is steadfastly becoming the traffic calming device of choice. Some of the reasons for their use are as follows: I ECEIVED JUN 5 !~8 .CITY MANAGER'S OFFICE Suburi: n Residential Trcflfic C lming BY C. EDWARD WALTER r~cfec calming or slowing is frequently n'ed to as reverse traffic englneer- in~ Instead of easing and speeding traffic flow. traffic calming uses geometric changes or designs that passively regulate travel speed. Europeans take traffic calming very seriously: In residential areas they try for 20 miles per hour (mph) speeds to reduce injury severity. In commercial areas,' where there are shared traffic zones between vehicles and ~edestrians, they s~ve to achieve speeds ~f 10 mph to 15 mph. Traffic calming .~easures are generally retrofitted onto .~xisting streets. However, having once recognized the need for traffic calming, these idem have led to new hierarchies of residential street classifications and design principles in England and Auswalia.' In the .Washington, D.C.-Bahimore, Md., sub.ban are~.s, postwar residential development frequently was modeled of long curving residential streets with numerous cul-de-sacs. These nonlinear street plans have led to longer trip lengths. At the same t/me these new resi; dential patterns were developing, local governments developed minimum design standards setting width, curvature and frequently ve~kal grades based on street C. Edward Walter is Chief of the Traffic Engi- neering Division for Howard County, Marylantt He is a graduate of ~ornell and has a master's degree from MIT. He ir a Member eliTE. 44 · ITE JOURNAL* SEPTEMBER 1995 classification. In Howard County, Maryland, which lies between Baltimore and Washington, a 35 mph design speed was used for residential streets with a 30 fi to 36 ft roadway width. Frequently 2,400-ft to 3,000-ft long cul-de-sac streets were approved; it is little wonder that despite 25 mph speed limits, 8$th per- centile speeds of 38 mph to 40 mph are routine in such residential areas. Residential speeding is a major com- munhy concern. Speeding has become a way of life for many;, although residents may pass their own property within the speed limit, they have no hesitation in zipping past their neighbors' property as fast as possible. Police with limited resources undertake periodic enforce- ment on request, but such enforcement efforts are spotty at best. The~ situation~ have given rise to the developmeni and success of traffic calming measures in existing re=identia! neighborhoods. Traffic engineers in the metropolitan counties surrounding Baltimore and Washington have formed the Maryland Traffic Engineers Council to solve joint problems. Several of the jurisdictions have been working with community groups on traffic calming measures. In 1992, the council formed a traffic calming sub- committee to share information on ways to reduce speed in suburban residential communities. This article presents the results of that effort. Vertical Alignment Modification Vertical changes to roadway geome- t~ offer guaranteed speed reduction.2 Speed humps, developed in England and sometimes referred to as "insomniac policemen," control speed by adjusting the height and spac/ng of the hump. They introduce a vertical acceleration factor m the vehicle. The WaR's Profile Speed Hump, as developed in England, is a por- tion of a 12 fi-long cylinder rising 3 inches (in) in height (se¢.~gur~ 1). In. 1990, Howard Count~i~d S~4//~'-~f~/l~' -~ ~!;' Md. Th~:'85th percenu'le sp~cd TOP HUMP Figure L Speed hump. SAFE AND EFf'ECTIVE ROADWAY HUMPS THE SEMINOLE COUNTY PROFILE David A. Nicodemus(A) a This paper provides a summary of the research, field testing, application and evaluation procedures leading to the development of a safe and effective speed control roadway hump profile. Roadway humps have been installed in parking lots and along residential streets throughout the United States and abroad in an effort to reduce or maintain safe travel speeds within neighborhoods and dense pedestrian traffic a~eas. These efforts have met various degrees of success and in recent years many agencies have discontinued promoting their use and/or have removed pilot installations due to limited effectiveness or concerns for safety. Most existing hump applications have been derivatives of a design profile developed in England, commonly known as the 'Watts" profile. This profile, (shown in Figure 1) typically twelve feet long along the base and three to four inches tall, has been found to be 1~~ than desirable as it only permits ortable passage at speeds of the ,. r of 10 mph. Variations of this p~.~ile have effectively raised the 'discomfort band" to a 15 or 20 mph range but were also comfortable at speeds above 30 mph. Seminole County initiated field testing of various roadway hump profiles '-.in search of a profile geometry which would allow comfortable passage only at travel speeds up to 25 to 30 mph without compromising -"vehicle control. This testing led to the development of a design profile which provides a gentle undulaticn and smooth passage at speeds of 25 mph or less and increasingly uncomfortable travel at any higher speed. This geometry consists of a segment of a circle with an approximate radius of 72 feet followed by a three inch high, ten foot long plateau with the same arc on the downstream end. The testing consisted of first constructing three and four inch "Watts' profiles and observing driving and ride characteristics. I noted the roughness of the ride was due to the front wheels descending prior to the rear wheels ascending the hump. At higher speeds it was noted the suspension system of the vehicle collapsed on contact with the hump with the front wheels rising into the wheel wells while the chassis of the car continued on a level path. These conditions create a situation where the ride is rough at speeds below 15 mph but smooth above 30 mph. S PE SEMINOLE WATTS BUMP PRO FI LE PROFILE Figure 1 aTraffic Operations Engineer Seminole County Traffic Engineering Division 280 Eush ~oulevard Sanford, FL 32773 [TE Affiliate ~TE 1991 Compendium of Technical Papers ~0,-~4.~,-7o14 ENGINEERING DEPT 089 P04 JUN 05 '95 10:4~ i'he con~t~uct&on o! the humps con~s~ 0~. ~.nltalling the three ~nch (3") ~y ten ~o~ ~0') plateau en~ ~a~eg the with · form cut ~ith the appropriate a~'c. The cost pe~ hump varies on qbe ~EO. th o~ roadway. The arian ~ these Ao~ti~ns ~equlred · pp~'~xAmetely bwo day~. They were pre=eded With s~anderd "bump" ~igns eno 'next 1.3~ m~le~" et e=ch en~ o~ the project w~h lOOp d~ven ~aahers. ~n addition s~gns were pOgbed m{dpro~ect to re~n~o~g~ ,th~m. Pr~o~ to beg~nnJ, ng con~idered a pavement marking to support ~heee installations. ThO~e currently in uae with speed hump~ had ~hort-comings we sought to over come. The me,kings 0o~only used have a limibed ~arget vet~e end little uae for advance nOt,f/cation. Our design consist of w~Ate bm~ds perpend lcula~ to the x'oeOway. They ese shorte~ upstream than they approach the installation. This Ancreae~ng~ speed ss they are encountered tn · moving vehicAe. The 24 hou~ volumes on the roadway have exhibited e slight reduction from 3848 CO 3~9 over the time 0£ OUr testing (.Table 3). I cannot howeve~ attribute' ~hi~ So,ely to the test a~ there may be seasonal verAatlons to account Ear this ~e~uctAon.: Also. although I cannot document ~his, the teat~ents repo~t a · educt£on ,~ the numbez an~ speed o~ ~u~-through oommeccial t~u~k [n ~ummag¥ can report our test site ! h~e proven t~ be e major success, we have accomplished & =eduction in speeds E~om 34.$~ above 30 mph down to 8%. The F)8taents have expressed great the~= S[~s~t to it'S ~orme~ nei~hbo~hoo~ ~eeltn~". We have expe~ienced no adverse af~ect~ with regard to accidents o~ ~eaAdents complaints.. Many cities in ou~ ages a~e p~epe~n9 p~og~ama ~o= test mates in t~e&t ~ur&~Oictions. &coal law en£orcemen~ muppo~tm this p=og=am as it _ :tees much ~ their tame fo= duties Zeewhere." eased on these remults X antici~abe' an expansion o~ rheA= uae County-wide ~o ad~re.s on-going eatery concerns A~ our neAghburheOda. UEHICLE $PF~D$ (FRDH-TO) Measures Reviewed The first step in determining what traffic control measures are used in residential areas was to conduct research within the ITE organization. It was quite evident that this topic is popular throughom the world by the library volumes available on residential traffic control. Many articles and textbooks have been written on this subject but an easy reference document on agency use with outcomes was not available. Although the same problems exist worldwide, a decision was made to conduct research on control measures used within the State of Florida for simplicity in the data collection effort. The following traffic control measures used in Florida were researched for their effectiveness: · Enforcement · Stop Signs · Parking Restrictions · Turn Restrictions · Diverters · One Way Streets · Speed Reduction Areas · Road Closures · Median Closures · Traffic Circles · Bollards · Chicane · Narrowed Approaches · Creative Striping · Creative Signing · Rumble Strips The definition of each of these measures was taken from the ITE Residential Street Design And Traffic Control book. Additional del'tuitions were developed by the committee with input by the agencies use of the-measure. The order in which they appear is by the most percent used of all agencies combined. Florida Section - Institute of Transportation Engineers ReMdential Traffic Control Measures Used In Florida October 19, 1994 2 of 18 Humps Speed humps are used as a measure for controlling speeding or excessive volume int 4 of the 19 j ' agencies. The following results are for the specific questions asked on the particula~~ speed humps: YES 1. Are speed humps considered successful by your political leaders? 100% 2. Are speed humps used for control of speed? 100% 3. Are speed humps used for control of volume? 75% 4. Has litigation ever been assessed against your agency? 0% 5. Do you utilize a petition process? 75% 6. Is diversion of traffic a problem? 75% 7. Have' accidents been a problem? 0% The following are comments received on the measure of speed humps: Restricts flow Causes more congestion on arterial Noise problem Inconvenience Drive around them Cost Reduction of access Diverts traffic Petition approval ranges from 51% to 75% The City of Tampa has banned speed humps from their measures due to experience Obstruction Not high enough Spaced 300' to 500' Florida Section - Institute of Transportation Engineers Residential Traffic Control Measures Used In Florida October 19, 1994 12 of 18 EXHIBIT LIST CITY COMMISSION MEETING JUNE 16, 1998 APPLICATION FOR SITE PLAN APPROVAL APPLICANT: MILNOR CORPORATION AGENT: MALEK & ASSOCIATES 6. 7. 8. Site Plan Review Application 6/9/97 Site Plan Si~eets 1-10 Development Service Department Memorandum 97-444 August 26, 1997, Pages 1-15 Land.Development Regulations, Chapter 2, Zoning, Section 6 Commercial District Regulations and Use Provisions ,~/. /1 ; / ~, - ' 10. 11. 12. 13. 14. 15. MILNOR CORPORATION BUILDERS & LAND DEVELOPERS 3475 WOOLBRIGHT ROAD, BOYNTON BEACH, FLORIDA 33436 PHONE 561/733-4353 · FAX561/733-7875 December 12, 1997 Ms. Sue Kmse City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Dear Ms. Kruse: We are in receipt of the Agenda item Request Form wherein we would appear before the City Commission on December 16, 1997 in regards to the Alhambra Square North project. As referenced in our telefax of December 1, 1997 postponing our place on the December 2, 1997 Agenda we are waiting for an appointment with the Palm Beach Circuit court. If you would be so kind as to postpone our place on the Agenda until we contact you indicating that we have appeared before the Court and they have rendered their decision. Thank you for your time and trouble in this matter. Best regards, Norman J.£~(~t~chael NJM/dlh OFFIC~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VII. PUBLIC HEARING A. Requested City Commission Date Final Form Must be Turned Requested City CommissiOn Meeting Dates in to City Clerk's Office Meeting Dates [] April 7, 1998 March 20, 1998 (noon) [] June 2, 1998 [] April21, 1998 April 10, 1998 (noon) [] June 16, 1998 [] May 5, 1998 April 24, 1998 (noon) [] July 7, 1998 [] May 19, 1998 May 8, 1998 (noon) "~ July 21, 1998 RECOMMENDATION: This matter was tabled pending cc was concluded and was unsuccessful. Accordingly, the site p EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J. Michael LOCATION: Northeast comer of Congress Avenue and DESCRIPTION: Ratification of Planning and Development request. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Hea0's Signature Development Department Name Date Final Form Must be Turned in to City Clerk's Office May 22, 1998 (noon) June 5, 1998 (noon) June 26, 1998 (noon) July 10, 1998 (noon) xt mediation. The City Attorney advises that the mediation m review process set forth in the Code should continue. .W. 23ra Avenue (Golf Road) loard action denying the Alhambra Square North site plan City Mana~ex's 8(~nature Acting Director i~lan~g~and Zoning S :~PLANNING~SHARE~\WP~PROJECTS~S, LHAMBRA NORTHX2qWSPL~.GENDA ITEM REQUEST 6-16-98.DOC June 12,1998 Helene Lubin 2674 S.W. 23~ Cranbrook Drive Boynton Beach, FL 33436 Phone: 561-736-8451 She is handicapped and not able to attend the Commission meeting on June 16, 1998. She would like to have her name go on record as being in support of the site plan for the building of the Walgreen Drug Store at the northeast corner of Congress Avenue and SW 23rd Avenue. Call taken by Lou Marvin in City Manager's office on June 12, 1998. TJ~ Cc, tape, nyr Corporate Overview Our Corporate Headquarters is located at: 200 Wilmot Road Deerfield, IL 60015 Phone number: (847) 940-2500 New York Stock Exchange Symbol: WAG Our IO-K & IO-Q can be found here via Edgar gopher search. Our 1997 Annual Report and our 1996 Annual Report are available online! · Overview · Expansion · Other store formats · What they're saying about · Our strategy · Walgreens and manaqed care WHP Health Care Initiatives Click the map above to check Walgreen Store sites across the United States and Puerto Rico Overview Walgreens is the chain drugstore industry leader in sales, profits and technology use. In 1997 we filled over 200 million prescriptions -- more than 8 percent of the retail market. PrescriPtions account for 47 percent of our sales. ~ales were $13.4 billion during fiscal 1997 -- making Walgreens the nation's largest .Irugstore chain and 16th largest retailer. The company operates over 2,400 drugstores in 34 states and Puerto Rico. 1 of 3 06/11/98 14:09:28 Wa~greens, T~e ?h~rmacy America Trusts-Overview http://www, walgreens.com/comp/ove r.html 1997 was the 23rd consecutive year of record sales and earnings. Earnings increased · ~rom $56 million in 1982 to $436 million in 1997. The company has paid a dividend in ;very quarter since 1933 and has raised the dividend in each of the past 21 years. For he fifth consecutive year, Walgreens is included on Fortune magazine's "Most Admired Corporations in America" list. Fortune ranks Walgreens as the 123rd largest company in America. Intercom Plus, Walgreens advanced pharmacy system and the benchmark for pharmacy systems in our industry, is operating in all stores as of Oct. 31. Intercom Plus provides more time for the pharmacist to counsel patients by automating many tasks. Other patient benefits include tax/insurance records and patient profiles. Where state law allows, Intercom Plus also permits "prescription transferability" -- so you can get refills at Walgreen stores other than the one where you first bought your medication, even if it's in another state. Expansion Walgreens is growing faster than any other drugstore chain. We're opening more than 280 stores a year, with a goal of having 3,000 stores nationwide by the year 2000. New markets for the ne~ year include Charlotte, NC; Hampton Roads, VA; Birmingham, AL; Jackson, MS and Lafayette, LA.. Other store formats In addition to our Walgreens drugstores, we operate these additional formats: · Walgreens RxPress and Walgreens Pharmacy. These are 2,000-square-foot stores with drive-through pharmacies that also stock about 650 of the most popular over-the-counter medications. Some units also offer one-hour photofinishing service. Walgreens operates more than 40 RxPress and Pharmacy locations. · AdvanceCare institutional pharmacies. These facilities specialize in long-term care pr?scription services, including unit dose programs, daily on-site delivery and medical records. Recently, infus on therapy has been added. · W~lgreens Home Medical Centers. Walgreens operates six of these outlets in the Midwest, providing durable home medical equipment. What they're saying about us / ~or the fifth consecutive year Wal,g, reens is ranked on Fortune magazine's list of "Most ,dmired Corporations in America.' Walgreens is ranked No. 1 among food and ~_ rugstor~ retailers. We also ihave been listed in all five editions of "The 100 Best Stoqks to Own in Wa~reens, 7I¢ Pharmacy America Trusts-Overview http://www.walgreens.com/com p/over.html America," by Gene Walden. Walden ranks us No, 25 among those 100 companies. ;)ur strategy In a word, Walgreen drugstores mean "convenience." Start outside. New Walgreen stores are freestanding buildings conveniently located at major intersections. The stores introduce themselves with highly visible readerboard signs, some electronic. Ample parking land easy in-and-out access are mandatory, and nearly 1,000 stores now offer convenient drive-through prescription service -- a concept pioneered by Walgreens. Inside, new Walgreen prototype stores are 14,000 square feet. Pharmacy waiting areas, -. consultation windows, fragrance bars, food departments and clerk-served photofinishing departments all add to customer convenience. Most locations also offer 1-hour photofinishing service. Walgreens and managed care- WHP Health Initiatives With or Without healthcare reform, America is raPidly moving toward managed care. Walgreens is in excellent position to benefit from this because of our: · national, interconnected store presence · market share penetration · technologically advanced systems · pharmacy mail service · nClrsing home and durable medical equipment businesses WHP Health Initiatives, Walgreens PBM (pharmacy benefits manager), increased sales 38%, to i$457 million. Its two mail service facilities dispensed more than 4.7 million prescriptions in fiscal 1997 -- over 15,000 every day. I ~hat's New I The Company I Store Locations I Your Career I Contact Us! I Visit Our Store I I Site Outline I Copyright © 1997 Walgreen Co. All Rights Reserved ;[ of 3 ~q¢:;/1 I/q~q I A'tqq-Y4(q PROJECT NAME: DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA Alhambra Square North APPLICANT: Norman J. Michael APPLICANT'S AGENT: Malek and Associates APPLICANT'S ADDRESS: 253 N.E. 2nd Avenue, Delray Beach, Florida 33444 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 16, 1998 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: New Site Plan (Walgreen's and medical office) Northeast corner of Congress Avenue and S.W. 23rd Avenue (Golf Road) D~WING(S): SEE EXHIBIT "A" ATTACHED HERETO. i THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. X 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. 7. Other J:\SHI~DATA\Planning\SHARED\VVP~ROJECTS~Brown\CDPA~)EVELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Alhambra Square North File number: NWSP 97-014 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-014 with a July 22, 1997 Planning and Zoning Department date stamp markinq. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES C6mments: 1.i Palm trees will be the only tree species allowed within utilities ~ easements. Canopy trees may be planted outside of the easement so that X i roots and branches will not impact those utilities within the easement in i the foreseeable future. (Sec. 7.5-18.1) 2.I Department of Health permits will be required for the water and sewer X i systems serving this project. (Sec. 26-12) 3.1 Fire flow calculations will be required demonstrating the city code ~ requirement of 1500 g.p.m. (LDR Chap. 6, Art. Sec. 16), or the X ~ requirement imposed by insurance underwriters, whichever is greater. i (Sec.. 26-16(a)). 4.I A capacity reservation fee will be due for this project upon the Utilities ] Department request for signature on the Health Department application X i forms or within 30 days of site plan approval. This fee will be determined based upon final meter size. (Sec. 26-34(E)) 5. ] City water may not be used for irrigation where other sources are readily ~ available. (Comp Plan policy 3C.3.4) Indicate on the site plan the X ] location of the water well to be used for irrigation. Comments: None X PC LICE Cotnments: 6. Depict handicap pavement markings in accordance with code. X 7. Provide on the site plan pavement markings indicating the direction of X ~ the intended travel through the drive through. 8. It is recommended that strict attention be paid to D.O.T. guidelines in X Page 2 Alhambra North File No. NWsP 97-014 DEPARTMENTS INCLUDE REJECT i reference to line of sight for the ingress and egress on both roadways. ENGINEERING DIVISION COmments: 94Replace egress arrows exiting onto S.W. 23rd Avenue with right and left X ~ turn arrows [Chapter 4, Section 7.B.2.] 10. Add stop bar and stop sign at the southbound center driving lane between Building A and Building B at the southernmost end of the traffic divider X (this will allow for northbound traffic to crossover and enter the drive ~ thru). [Chapter 4, Section 7.B.2.] 111. Remove yellow cross hatch median located between the two buildings ~ and replace it with concrete curb to separate driving lanes from drive X : thru lanes [Chapter 4, Section 7.B.2.] 12i Provide signage and striping at northeast comer of Building A to prevent traffic from entering the drive through from the wrong direction. X i [Chapter 4, Section 7.B.2.] 13i All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are'not X ~ limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from ' agencies such as FDOT, PBC, SFWMD, DEP, LWDD and any other : permitting agency shall be included with the permit request. 14.1 Entrance to S.W. 23rd Avenue is 39 feet wide which is greater than the maximum allowable of 32 feet. Reduce the width of the entrance X driveway by 7 feet or obtain approval from the Director of Development for the 39 foot wide driveway. [Chapter 23, Article II.H. 1.] 15. Show six inch thick concrete sidewalks thru both driveways. [Chapter X 23, Article II, Section P.] 16. Provide location and details for fire lanes. [Chapter 23, Article II.M.] X 1 17.1 Remove both stop bars/signs for southbound traffic along the eastern parking area and the one for westbound traffic at the southwest comer of X ~ the site for efficient traffic flow. 1 18.1 At the driveway on Congress Avenue change the straight-thru arrow to a X ~ right turn arrow and install a one way arrow sign in the median. Page 3 Alhambra North File No. NWSP 97-014 19. Revise dumpster plan view eliminating block wall in the front to provide X i a clear, unobstructed opening of at least twenty feet. 20. At both egress driveways add dual 6 foot solid, yellow stripes 25 feet X back from the stop bars to delineate traffic lanes. BUILDING DIVISION COmments: 2!. On the site plan place a note indicating that the required handicapped i accessible path leading to the entrances of both buildings from the X abutting public right-of-way and each handicapped parking space will be designed and constructed in compliance with the regulations specified in i the Florida Accessibility Code for Building Construction, Section 4.1.2111 (1) thru (4). Where applicable, specify with notes on the' plan ~ the location of the required curb cut ramps and built up ramps. 2~. Where applicable, provide the following information on the Paving and Drainage Plan: X a) Show the location of the handicapped accessible curb cut ramp(s) ~i and built up ramps. ~ b) Provide a detail drawing of the built up ramps. i c) Specify the finish grade elevations and/or slope of the accessible ~ paths required to both buildings from the abutting right-of-way and ! the handicapped parking spaces. i d) Identify the finish floor elevation of each building. ~ Note: All drawings, dimensions, surface finishes, elevations and slopes shall comply with the regulations specified in the Florida Accessibility ~! Code for Building Construction, Section 4.1.2III (1) thru (4). 23i. Based on the detail drawings submitted for the free-standing site sign X ~ found on sheet A5.1, omit Note Number 2 found on the site plan i drawings. 24i The 173.8511 square foot proposed free,standing sign shown on the site ~ plan and illustrated on sheet A5.1 exceeds the 64 square foot maximum X i sign area allowed by the sign code. Amend the drawings to show the i sign area in compliance with the regulations of the sign code. [Chapter i 21 - Sign Code, Article IV, Section 2] 251~ The 25 foot tall proposed free-standing sign shown on sheet AS.1 ! exceeds the 20 foot maximum sign height. Reduce the height of the sign X i to comply with the regulations of the sign code. [Chapter 21 - Sign I Code, Article IV, Section 2] Page 4 Alhambra North File No. NWSP 97-014 26. Amend all plan view drawings of the site to show the location of the site X sign meeting the minimum setback dimensions of ten feet identified in : the sign code. [Chapter 21 - Sign Code, Article III, Section 5] 2~. The dimensions of the building signage (west building) illustrated on ~ sheet A2.1 indicate the 635 (plus) square feet of proposed sign area X exceeds the 154.5 square feet of maximum sign area allowed by the sign i code. Amend the drawings to depict the total sign area in compliance with the regulations of the sign code. [Chapter 21 - Sign Code, Article IV, Section 2] 28. All signs that are shown erected upon a parapet wall that extends above the roof line are prohibited signs. Therefore, to show compliance with X the sign code all proposed signs that are shown above the roof line shall be removed or relocated below the roof line. [Chapter 21 - Sign Code, ~ Article II, Section 3 and Chapter 1 - General Provisions, Article II, i definition of Roof Sign] 2~., At time of site plan review building signage is required to be submitted X i and reviewed for compliance with the applicable codes. Because the applicant did not provide detail drawings of the signage proposed for the ~ east building, the applicant shall place a note on the elevation view drawing of the east building indicating that no building signage will be installed on the building or provide a note stating that a subsequent site i plan approval is required for building signage. I 30i Permit plans for the proposed project shall comply with the applicable X Building, Energy and Accessibility Code. [Chapter 20 - Building, ~ Housing and Construction Regulations] I I P4RKS AND RECREATION I Comments: None X F£ ~RESTER/ENVIRONMENTALI ST Comments: None X PLANNING AND ZONING CO[laments: 31.With the permit set of drawings provide a clause on the survey stating i that the property was abstracted for all easements, right-of-ways and X ! utility lines, as required by LDR, Chapter 4, Section 7.A. Page 5 Alhambra North File No. NWSP 97-014 3~. Provide a statement on the site plan that no part of the subject site will be X sold, detached or otherwise separated from the original tract of land i without the City of Boynton Beach approval of a subdivision plat. 33i. Provide lighting details showing shields diverting light from the X I residential properties located to the north and to the east of the site. 3{. Proposed buffer wall shall be set back, at minimum, a distance of 2 feet : from the northern and eastern property lines, as required by the LDR, X Chapter 2, Section 4.L. Relocate the buffer wall at a minimum of 2 feet i into the property and dimension the setback required. 35i. On the site plan show traffic control markings within the vehicular i system of the development, including drive-thru lanes, as required by X i LDR, Chapter 4, Section 7.B.2. 36i Show on the site plan and dimension all required and proposed setbacks X i of all structures as required by LDR, Chapter 4, Section 7.B. 1. 37i 'Submit drawings showing color elevations of both proposed buildings as ~ required by LDR, Chapter 4, Section 7.D.2. Since these were not X i submitted for staff review, a future site plan modification and/or appeal i may be required if the drawings do not comply with the Community i Design Plan. 38i Submit a presentation board containing samples of all major exterior X i building materials as required by LDR, Chapter 4, Section 7.D.1. 39! On the elevation drawings for the medical office building depict color X i codes and manufacturer's names of all exterior finishes, as required by ! LDR, Chapter 4, Section 7.D. 1. 40.i On the landscape plan, indicate all existing and proposed easements to X ii avoid potential conflicts with the utility lines and proposed structures. 41.I Eliminate the discrepancy between the proposed height of 'the X i Walgreen's building as depicted on the site plan and elevations. 42.i Provide Leisureville Homeowners Association approval of the proposed X , buffer wall, as warranted by the Settlement and Stipulated Agreement. 43.Comply with the comments from Palm Beach County regarding access i which include moving the driveWay onto Golf Road east against the X property line or constructing a median from the Golf Road/Woolbright i intersection east to the turn lane. Page 6 Alhambra North File No. NWSP 97-014 44. For consistency, eliminate discrepancies between elevations, floor plan X , and site plan depiction of both buildings. 45. Provide color elevations of the proposed signs. X 46. Any rooftop equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of X the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest pOint of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section I 11.E). I 47i The proposed 13,905 square foot drugstore with drive-thru is not a i permitted use in the C-1 zoning district. No permits will be issued until X ~! an application to rezone the property from C-1 to C-2, a small scale land i use amendment and an amended stipulated agreement are approved by ~i the City Commission and DCA. 48i Lake Worth Drainage District requires that a drainage permit be issued X ! for the proposed on-site drainage. Provide L.W.D.D. permit prior to ~ building permit issuance. ! ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 49, Request denied. , X AI~DITIONAL CITY COMMISSION CONDITIONS 50. Request denied. X I I J:\SH~ dim ~DATA~PLANN1NG\SHARED\WP~PROJECTS~AJ~HAMBRA NORTI-BNWSP\COND. OF APPROVAL- I 1-4 CC.DOC LDCATiON M.',P ALHAMBRA SQUARE NORTH LGR -ME I , -~.," --.~ ti '0 1/8 '0 M I L F_. Sd 400 800 ---~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Amerope Enterprises, Inc. AppLIcANT'S AGENT: Robert Hatton APPLICANT'S ADDRESS: 3750 Investment Lane, Suite 2, West Palm Be~ch, FL 33404-1765 DATE OF RATIFICATION BEFORE CITY COMMISSION: June 2, 1998 TYPE OF RELIEF SOUGHT: Use Approval LOC~TION OF PROPERTY: Lot 16, Block 2 of Cedar Ridge PID DRA~VING(S): SEE EXHIBIT "B" A'I-rACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appe,aring on the Consent Agenda on the date above. The City Commission hereby adopts the findi~lgs 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 Beabh, Florida on the date of hearing stated above. The City Commission having considered the relielr sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev. Orders\DEVELOPMENT ORDER REV. doc EXHIBIT "C" Conditions of Approval Project name: Amerope Enterprises, Inc. File xlumber: USAP 98-002 Reference: Letter requesting revised use approval dated April 14, 1998. DEPARTMENTS INCLUDE REJECT pUBLIC WORKS Comments: None X UTILITIES comments: None X FiRE COmments: None X POLICE Comments: None X ENGINEERING DIVISION Cgmments: None X BUILDING DIVISION C6mments: None X PARKS AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST Cqmments: None X PLYING AND ZONING COmments: 1. i Subject to Environmental Review and approval. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. [ None X AD DITIONAL CITY COMMISSION CONDITIONS /bme J:\SHR: )ATA~LANNING\SHARED\WP\PROJ ECTS~AMEROPE\USAP\COND. OF APPROVAL-USAP.DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Banyan Cove Apartments APPLICANT'S AGENT: Chuck Yanette, Parker Yanette Design Group, Inc. AppLICANT'S ADDRESS: 900 South U.S. Highway One, Suite 104, Jupiter, FL 33477 DATE OF RATIFICATION CITY COMMISSION: June 16, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: East side of US Highway 1, approximately 100 feet north of Seaview Circle DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission qf 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 re ief 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. DATED: All further development on the property shall be made in accordance with the terms and conditions of this order. ,,,,"~.' ! ~ ~ ~?",,,, _ Other .,.~' EXHIBIT "C" Conditions of ApproVal ProjeCt name: Banyan Cove Apartments File number: NWSP 98-005 Reference: The plans consist of 36 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-005 with a May 14, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT pUBLIC WORKS Comments: None X UTILITIES Comments: 1. i Canopy trees may be planted outside of the easement so that roots and X i 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 i easements or public rights-of-way. Note that some of the oak and ! mahogany trees shown on the revised plan will have canopies encroaching within utilities easements, and will impact the proposed systems. These must be deleted or relocated. 2. Utilities easements containing gravity sewers may have to be wider than X i the 12-foot minimum due to depth of the sewer being installed. A i general guideline is that easement width shall be twice the depth, plus 4 i feet to allow proper clearance. Please adjust easements accordingly on i the final Health Dept. submittals, and the site plan. 1 3. i Fire flow calculations will be required demonstrating the city code X ,! requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art. , Sec. 16, or i the requirement imposed by insurance underwriters, whichever is I greater· (See Sec. 26-16(a)). Submit these calculations with your HRS I permit submittal. I I C°mments: 4. I All buildings shall be protected throughout by an approved, supervised, X i automatic sprinkler system. NFPA 101, 18-3.5.2. I 5. A fire alarm system shall be provided in all three (3) story buildings. X NFPA 101, 18-3.4. 6. i All turning movements on site shall accommodate a forty-five foot (45') X Page 2 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT radius. SFC 602.1.1. 7. i Direction/location signs for rear apartments of all buildings must be X visible to emergency vehicles in the parking lot. POLICE Comments: 8. i Sign package did not give specific reference to the signs being lighted or X i not. The Police Department realizes that they will probably be lighted, i but there is no conformation. Amend plans to add lighting information. 9. The Police Department realizes that this project has a conceptual X ~ approval from D.O.T. and the Police Department did study the enclosed traffic study, however, the Police Department strongly disagrees with the concept of allowing vehicles to exit the complex and turn left to travel i south on South State Road 5. The Police Department feels this will create a dangerous stacking in the safety zone, and severe right-of-way violations. ENGINEERING DIVISION C°mments: 10. i 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. i Provide additional stop signs and stop bars on civil plans to the X i southwest of building #13 and at egress lane from parking lot adjacent to i pool area. Also, show all these traffic control markings and signage on ~! site plan. [LDR Chapter 4, Section 7.B.2.] 12. ! Need to show pavement markings around entrance islands. [LDR X ! Chapter 4, Section 7.B.2.] 13. Show "limits of clear sight" as specified by FDOT Index #546. X 14. ! Remove the note "Extmded Curb (TYP.)" to the west of building #13 X i and replace with D curb per city standards. Page 3 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT 15. Change the color of the handicap pavement symbol to white per D.O.T. X Index 17346 and specify the 5 x 5 size. 16. Specify double stripes for all parking stalls in accordance with City X Standard Drawing B-90012. 17. On the engineering plans extruded curb shall not be used as wheel stops. X All stalls shall use either 6' concrete wheel stops, "D" curb or 14 ½" ~ curb per Standard Drawing B-90012. Note: The use of a continuous curb allows you to move the curb into the parking stall 2 feet providing more pervious areas (see B-90012). i Show "D" curb along the north and west sides of the lease office parking X 18. ! lot to prevent vehicle encroachment. 19. ! Provide a typical detail for all post mounted signs including handicap X i signs shown mounted in concrete per Standard Drawing B-90012. Note: ! It is recommended that you incorporate the subject drawing into your : engineering detail sheet. 20. Provide a signed copy of the Land Purchase Contract for determining the X i recreation fee. 21. i In sections "A-A" and "B-B" of engineering plans, show the relationship X i of the sidewalk to the wall and rip-rap accordingly and the abutting ~ mangroves. [Chapter 4, Section 4.] 22. i Provide cross-sections of the pool and water line and another through the X littoral and lake maintenance easement. [Chapter 4, Section 4.] 23. Provide a "Typical" section through the parking stalls and drive aisles X I including paving specifications. Also, show cross-section and specs i through the paver brick area. [Chapter 4, Section 4.] BUILDING DIVISION C°mments: 24. Add to the proposed 1 st floor plan drawings of the residential buildings X and lease office building the continuation of the accessible route that is shown and labeled on the site plan. Also, add to the submittal an enlarged drawing of the pool area and cabana building. Show on the I drawing the continuation of the accessible route that is shown and Page 4 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT labeled on the site plan. The accessible route shall be shown to the accessible entrance of the cabana building. Place a note on the drawings next to the labeled symbol indicating that the accessible route is in i compliance with the Florida Accessibility Code for Building i Construction. [Florida Accessibility Code for Building Construction, i Section 4.3, Accessible Route] Note: Following site plan approval the i subsequent working drawings that are required to be submitted for permit review shall include identifying the location, width, type of i material, curb cuts, slope and surface finish texture for the required i accessible route. The permit plans, where applicable, shall also include i detail drawings of accessible ramps. The drawings shall depict the i location of the ramp(s) including specifying the type of material, surface ~ finish, width, length, slope, size of landing required at the top and bottom ~ of the ramp and where required the appropriate handrails. 25. i A minimum building separation of twenty-two (22) feet is identified on X the site plan. Therefore to verify compliance with table 600 of the : Standard Building Code, add to the site plan the location of the assumed ! property line. Also identify the dimension from both sides of the assumed property line to the face of the building. The proposed calculations found on the elevation drawings do not reflect compliance with table 600 of the Standard Building Code. Amend the calculations and, where applicable, the building elevations to comply with the i regulations of table 600 of the Standard Building Code. I 26. i At time of permit review add to the site plan drawing the closest distance X ,l (setback) from the leading edge of each building to the adjacent property i line. The location of each building shall be identified with no less than ~ two dimensiOns from one side (long side) of the building and one ! dimension from the adjacent side. The distance shall comply with the i minimum setbacks allowed per the zoning code. [Chapter 4 - Site Plan ~i Review, Section 7.B.1.] I 1 27.! On the floor plan drawings correct the inconsistency with regards to X ! balconies versus patios. Some of the calculations list a balcony and the associated floor plan drawing identifies a patio. Amend the designation , of the buildings so the designations identified on the architectural ! drawings match the designations identified on the site plan or change the i designations identified on the site plan to match the designations I identified on the architectural drawings. [Chap. 4 - Site Plan Review, !, Section 7.E.2 & 3.] 28. At time of permit review submit for review a plan that identifies the X ! addresses of all buildings. 29. i Show on the site plan and floor plan the accessible route leading to the X Page 5 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT mailroom. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 30. Add to the elevation view drawings of each building the overall height X from average finish grade adjacent to the walls of the buildings to the highest point of the roof. The maximum height of the buildings shall not exceed forty-five (45) feet. [Chapter 2 - Zoning, Section 4.F.] 31. At time of permit review submit a copy of the South Florida Water X Management District permit that verifies the proposed finish floor elevations meet the minimum standards. 32. The submittal included drawings and data that are not required to be X submitted for site plan review but rather required for permit review. Please note that the permit data and drawings were not reviewed at this time and will be reviewed at time of permit review. The permit plans will be reviewed for compliance with the applicable Building Codes, Energy Code, Accessibility Code and other applicable codes and regulations identified in Chapter 20 - Building, Housing and Construction Regulations of Part III of the city's Code of Ordinances. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Cqmments: None X PLANNING AND ZONING Comments: 33. Provide curbing where pavement is adjacent to any required landscape X strips and vehicular landscape areas. Ch.23 Art.Il Par.E 34. Amend the handicapped symbol dimensions located on site plan sheet 2 X of 2. 5'x5' is the required dimensions, as per City of Boynton Beach engineering drawing B-90012. 35. Provide a signed and sealed survey not older than 6 months, that reflects X a title policy number. Ch.4 Sec.7 Par.A 36. Due to the proximity of environmental sensitive lands, the site plan is X subject to review by the Florida Department of Environmental Page 6 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT Protection. Confmnation of DEP approval must be submitted prior to issuance of building permits. Any site plan amendments requested by the DEP must be reflected on a revised site plan submitted for review. 37. Provide written confirmation from the Palm Beach County Traffic X Division, that the project conforms to the County's Traffic Performance Standards Ordinance. 38. i The plant sizes for planting symbols PX and IV in the plant list, sheet L- X ~ 4 & JV on the typical planting plan, .sheet L-3, must be amended to reflect the minimum installation size of 18"x18". Ch.7.5 Art. II Sec.5 Par. C.3 39. Provide labels on the detail sheet AM-4 listing the proposed paint colors X and manufacturers for the trash compactor. Ch.7.5 Art.II Sec.5 Par. C. i 40. i Provide as tabular data on the architectural plans, a listing of paint colors X ~ and manufacturers utilized on all structural facades. Ch.4 Sec.7 Par. D 41..i Provide prior to the City Commission Hearing, color rendered elevation X graphics of all structures and facades, utilizing the colors which are to be referenced on the architectural plans. Colors and materials should be generally compatible with existing character of residential project (Via Lago). 42. ~ Show the Finished Floor Elevations (FFE) of all structures. X 43. Illuminate the dock and gazebo areas as well as the area north of X I building 16 with lighting no taller than 12'. i 44. Reduce building # 15 to 2 stories or obtain consent from Via Lago for 3 X :: stories. 45. Add required landscaping to the end of the parking area between X i building 9 and 16. 46.i The light pole and electric meter at the north east corner of the property X i must be removed or relocated. 47.~ Provide details for the outfall pipe to ascertain the aesthetics of it. X 48. As per Comprehensive Plan requirements, move all catch basins from X ! paved areas into lawn areas to provide Pretreatment, and provide a water i quality baffle detail for the pipe leading from the drainage retention area Page 7 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT to the intracoastal waterway. 49. At the northwest comer, south of Benvenuto's Restaurant, continue the X hedge labeled as CI, along the outside of the proposed 4' chain link fence out to the first column, and maintain at 4' overall height. 50. Prior to platting, submit any abandonment applications necessary to X address the previously platted access easements not to be used by the proposed development. 51. i Transfer, in the form of a Quit Claim Deed to Via Lago, the land area X i used for the wall structure which is encroaching onto the property at the ~ northwest comer of the parcel. 52. i Reduce the height of the column and aluminum fence combination to 4' X I along the U.S. 1 right-of-way. To retain the 5' to 5'-3" height, a variance for the additional height must be obtained. 53. Submit a lighting plan meeting the requirements of Ch.9, Sec. 10, Par. F X i and Ch.23, Art.II, Par. A. Reflect any changes in light pole heights and i locations on all affected plans. 54. i Provide a cross section detail of the landscape area south of the southern X ! parking lot along the property line. Show the proposed fencing and I plant materials at a location with the most significant grade change, to i insure that the intent of the landscape section of the code has been ! addressed. The hedge at the fence line must be maintained high enough to block views at a minimum of four feet above the top of curb. This is i needed to reduce the visual impacts of vehicles and the proposed I buildings. The determined height must be noted as a minimum height to i be maintained on the landscape plans. AD DITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 55.Revise comment #5 to read "A fire alarm system shall be provided in all X ~ buildings containing more than three (3) stories, or within all buildings i 'containing eleven (11) or more units." 56.i Reword comment #44 to read "Reduce building #15 to two (2) stories or X I obtain written consent (to an alternative building design) from Via Lago Homeowners Association." 57.Reword comment #48 to read "As per Comprehensive Plan X I requirements, move all catch basins from paved areas into lawn areas to I provide pretreatment or show alternative drainage system determined by Page 8 Banygn Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT the Engineering Division to equally or more adequately meet the intent of Comprehensive Plan Policy 1.11.7." X 58. Reword comment #55 to read "Transfer, in the form of a Quit Claim Deed to Via Lago, the land area used for the wall structure which is encroaching onto the property at the northwest corner of the parcel, or record an easement for same." ADDITIONAL CITY COMMISSION CONDITIONS /bme/ J:kSHPd)P~TAkPLANNING\SHARED\WP~PROJECTS~BANYAN COVE~JqWSP\COND. OF APPR-2ND REVIeW.DOC ~ITE_~_PLAN REVIEW APPLICATI__O_g FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE Ati [ication Acceptance Date: Fee Paid: _.~.~ Receipt Number: ~-~ '-- ~/~ ! -- This application must be filled out completely, accurately and submitted as an ori~inal to the PlanninG and Zoning Department. Twelve complete, sequentially numbered and assembled sets of plans including a recent survey and appropriate fee shall be sUbmitted with the application for the initial process of the Site Plan Review procedure An incomplete submittal will not be processed. ' Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: ALHAMBRA NORTH Applicant,s name (person or business entity in whose name this application is made): MILNOR CORPORATION Address: 1337 N. DIXIE HIGHWAY LAKE WORTH, FLORIDA 33460 Phone: 547-9407 (Zip Code) Fax: 547-9406 Agent's Name (person, if any, representing applicant): MALEK & ASSOCIATES Address: 253 N. E. 2ND AVENUE DELRAY BEACH, FLORIDA 33444 .Phone: 272-1800 (Zip Code) Fax:272-0008 Property Owner,s (or Trustee,s) Name: NORMAN j. MICHAEL, PRESIDENT Address: 1337 N. DIXIE HIGHWAY LAKE WORTH, FLORIDA 33460 Phone: 547-9407 Fax: 547_9406(Zip Code) Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:, *This is the one address to which all agendas, letters and other materials will be mailed. Planning and Zoning Department . Rev. 3/18/97 D \SI'tAI]E\WP\FORMSV~PPS\NWSP\SiTEPLAN WPD ~bat, is applicant's interest in the premises affected? lessee, builder, developer, contract purchaser, etc.) OWNER (owner, buyer, Street address or location of site: NORTHEAST CORNER OF CONGRESS AVENUE AND S. W. 23RD AVENUE (GOLF ROAD) Property Control #: 08 43 45 32 00 000 3022 Legal description of site: 32-45-43, W 510 FT OF N 380 FT OF S 420 FT OF NW ¼ (LESS CONGRESS AVE RD R/W) ~ 9. Intended use(S) of site: C-1 10. Developer or Builder: MILNOR CORPORATION ll. 12. 13. 14. 15. 16. 17. 18. ~Architect: GREGORY C. MIKLOS iLandscape Architect: iSite Planner: MALEK & ASSOCIATES Engineer: Surveyor: MALEK & ASSOC___IATES O'BRIEN, SUITER & O'BRIEN Traffic Engineer: Has a site plan been previously approved by the City Commission for this property? NO Estimated construction costs of proposed improvements shown on this site plan: ~ Planning and Zoning Department _ Rev. 3/18/97 S:\PLANNING\SI-IARE D\WP\FOi]MS,~Apps\NWSP~SiTEPLAN,WPD II. SITE DATA The following information must be filled out below and must appear, where a~-ticabile, on all copies of the site plan. BANK, PHARMACY, 1~ .LaD~ Use Category showB in the Comprehensive Plan MEDICAL/PROFESSIONAL 2. Zoning District C-1 Area of Site 3.9t7 Land Use -- Acreage BreakdowB acres 170, sq. ft. a. i Residential, including surrounding lot area of grounds acres Recreation Areas * (excluding water area) acres Water Area acres Commercial ~' Y/~ acres /~ Industrial acres Public/Institutional acres Public, Private and Canal rights-of-way % of site Other (specify) % of site % of site % of site % of site % of site acres % of site acres % of site i. Other (specify) acres % of site Total area of site 3.- W/'7 acres % of site including open space suitable for outdoor recreation, and having minimum dimension of 50 ft. by 50 ft. SJ~rfiace Cover Ground floor building 2~/ ~'~-acres area ("building footprint") % of site Water area acres /'~L ~J? % of site Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks,~ ~/~ and athletic courts. · % of sita Total impervious area ~'-' ~'~-acres % of site Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARED\WP\FORMS~APPS\NWSP\SiTEPLAN,WPD Landscaped area inside of parking lots (20 sq.ft, per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). acres Other landscaped areas, acres Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas acres % of site % of site % of site Total pervious areas O~~acres Total area of site a. Residential -~ '.. ~/7 acres Commercial/Office Industrial/Warehouse i Recreational Public/Institutional Other (specify) Other (specify) Total floor area sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Numbi~r of Resideot~l Dwelling Units a. i Single-family detached sq. ft. Ce (1) (2) (3) · ' (4) Duplex sq. ft. Multi-Family (3 + attached dwelling units) Efficiency dwelling units 1 Bedroom dwel&ing units 2 Bedroom dwelling units 3+ Bedroom .dwelling units Total multi-family ~dwelling units e. Total number of dwelling units Gross Density dwelling units Maximum height of structures on site per acre feet % of site % of site stories Planning and Zoning Department - Rev. 3/18/97 s :\PLANNING\SHAR E D\WP~FORMSV~,PPS\NWS P\SiTE PLAN.WPD 10. Required off-street parking a. Calculation of required number of off-street parking spaces Off-street parking spaces provided on site plan Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARED\WP\FORMS~APPS\NWSP\SiTEPLAN.WPD III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Department (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Own~(s)~or True'tee, of Date Authorized Prin i~if property is owned by a corporation or other business entity. IV. AUTHORIZATION OF_AGENT -' g~-6tU'~z"6f"'AuthoriZed Agent Date (I) (We) hereby designate the above signed person as (my) (our) authorized agent in regard to this application. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date .S. PACE BELOW THIS LINE FOR OFFICE [3SE ONLy Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulatibns of Final Approval: Other Government Agencies/Persons to be contacted: Ad tional Remarks: Planning and Zoning Department - Rev. 3/18/97 S.\PLANNING\SI-IARED\WP\FORMS~,PPS\NWSP\SiTEPLAN WPD RIDER TO SITE PLAN APPLICATION The unde!rsigned as applicant for Final Site Plan Approva~ does hereby acknowledge, represent and agree that. all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of 8oynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The iundersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton B~:~h, or! its boards, commissions, staff or designees shall be constructed in st ct compliance with the form in which they are approved, and any change to th same shall be deemed material and shall place the applicant in violation of ~his aipplication and all approvals and permits which may be granted. The iapplicant agrees to allow the City of Boynton Beach all rights and remedies as p.rovided for by the applicable codes and ordinances of the City of BoyntOn Beach to bring any violation into compliance, and the applicant shall ind!emnify,, reimburse and save the City of Boynton Beach harmless from any cost,i expense, claim, liability or any action which may arise due to their enforcement of the same. READi, ACKNOWLEDGED AND aGRZZD~O,._~this .~'~" day of , .. .~Wi tne~s~~~~'--'~~~~~ . ,,~c~':'-~' ~/~-~ App llc(t .~~.~~ Wi these / ........... Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARE D\WP\FORMS~APPS~NWSP\SlTEPLAN.WPD