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Minutes 03-17-98 MTNUTES OF THE REGULAR CTTY COMHTSSZON MEETZNG HELD ZN COHHt'SSZON CHAHBERS, CZTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, HARCH 17, 1998 AT 6:30 P.H. PRESENT Gerald "Jerry" Taylor, Mayor Shirley ~laskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager .lim Cherof, City Attorney Sue Kruse, City Clerk T. OPENTNGS: A. Call to Order- Mayor Jerry Taylor B. Invocation offered by Reverend Bob Hahn, First United Methodist Church C. Pledge of Allegiance to the Flag led by Commissioner ,lamie Titcomb Mayor Taylor called the meeting to order at 6.'39 p.m. Reverend Hahn offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Titcomb. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition of Item II-AA, "Create a Mayor Pro Tern Position". Vice Mayor .laskiewicz requested the addition of Item II-A.3, "Motorola Award", and Item XII-A, "COBWRA Meeting with Reference to Annexation". Mayor Taylor requested the addition to two items under X-New Business. They will be: Sports Authority - Grand Opening Emergency Sewer Repair Authorization Mayor Taylor requested that Item III-B.2, "Annual Financial Report for Fiscal Year Ending September 30, :[997 - Rob Wenners of Ernst & Young" be moved to Item V-A. Attorney Cherof requested that Item IV-C.2 be deleted from the agenda and that Item XI-D.2 be changed to read, "Executive Session - 9:00 p.m. or Immediately Following Commission Meeting to discuss Collective Bargaining". He also requested that Items XI-A. 1 and A.2 (Ordinances on Second Reading) be deleted from the agenda at this time. 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda as amended. Commissioner Titcomb seconded the motion that carried 5-0. MEETING MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORTDA MARCH 17~ 1998 II. ADMINISTRATIVE: AA. Creation of Mayor Pro Tern Position When the Commissioners were sworn in at the last meeting, the nomination and election of Vice Mayor took place. It has been the practice of the Commission to rotate that position to a Commissioner with at least one year of experience. The Commissioners were sensitive to the fact that Commissioner Tillman has a full-time job that would prevent him from fulfilling many of the commitments that are required of the Mayor. For that reason only, the Commissioners selected a fellow Commissioner who would be able to alter her schedule on short notice. The Commissioners were not attempting to slight Commissioner Tillman in any way. Mayor Taylor feels Commissioner 'l'illman must be recognized for his service, dedication and contributions to the City. He requested that the position of Mayor Pro Tem be reinstated so that Commissioner Tillman will be able to represent the Mayor when the Vice Mayor is unable to take on that role. ,Motion Vice Mayor .laskiewicz moved to instate the position of Mayor Pro Tem and nominate Henderson Tillman for that position. Commissioner Titcomb seconded the motion that carried 5-0. A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Dab ~ II* Bradley III* -laskiewicz Mayor Taylor* I* Titcomb III* -laskiewicz II* Bradley III* ]askiewicz IV* Tillman Mayor Taylor* I* -I'itcomb Mayor Taylor IV* Tillman IV* Tillman Code Compliance Board Alt 1 yr term to 9/98 Code Compliance Board Alt 1 yr term to 9/98 Community Relations Board Alt 1 yr term to 4/98 Community Relations Board Alt 1 yr term to 4/98 S.H.I,P. Affordable Housing Alt 1 yr term to 6/98 S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 Adv. Bd. Children & Youth Alt 1 yr term to 4/98 Adv. Bd. Children & Youth Stu/Reg 1 yr term to 4/98 Planning & Developme.nt Bd. Alt 1 yr term to 4/98 Bldg. Bd. Of Adj. & ApPeals Alt 1 yr term to 4/98 Nuisance Abatement BOard Reg 2 yr term to 4/00 Senior Advisory Board Alt 1 yr term to 4/98 Recreation & Parks Board Reg 3 yr term to 4/99 There was a consensus of the Commission to leave all appointments on the table until meeting since most of the appointments will expire in April. Mayor Taylor requested that these appointments not be rotated. TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-2 TABLED-3 TABLED-3 the next MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 17~ 1998 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Community Redevelopment Agency (CRA) Workshop Meetings with ]james Duncan & Associates, Visions 20/20 Consultants to be held in the Library Program Room at 6:30 p.m. on: Thursday, April 9, 1998 Thursday, May 14, 1998 Mayor Taylor made this announcement. 2. Boynton's Great American Love Affair - March 20-22, 1998 Mayor Taylor made this announcement. 3. Motorola Award Vice Mayor ]jaskiewicz announced that she would represent the City on Friday when Motorola receives an outstanding award known as the OSHA VPP Star. This is the highest safety award given by OSHA and Motorola is the first site in South Florida to receive it. Only 300 companies nationwide have received this award. Local, State and federal dignataries will be present for this ceremony. Mayor Taylor acknowledged the presence in the audience of the newly elected Mayor of Hypoluxo, Ken Schultz. B. Presentations: 1. Proclamations: a. Building Safety Week- April 5 - 11, 1998 Mayor Taylor read a Proclamation declaring the week of April 5th through the 11th as "Building Safety Week". He presented the Proclamation to Don ]johnson, Building Official. Mr. ]johnson accepted the Proclamation and announced the Building Safety Booth will be on display at City Hall in the Mall on April 11th. He urged everyone to stop by for a visit. 2. Annual Financial Report for Fiscal Year Ending September 30, 1997 - Rob Wenners of Ernst & Young Mayor Taylor reminded the Commissioners that he requested this item be moved to City Manager's Report. However, Mr. Wenners arrived for the meeting and was ready to make his presentation. MEET]'NG MTNUTES REGULAR CITY COMM]'SSI'ON BOYNTON BEACH, FLOR.1;DA MARCH 17, :!.998 Rob Wenners, Ernst & Young, explained that the Comprehensive Annual Financial Report for 1997 is a lengthy report that is divided into four sections. The first section is the [ntroductory that includes the transmittal letter explaining the qualitative aspects of what has happened in the City during the year and the Certificates of Achievement for Excellence in Financial Reporting from the Government Financial Officers Association. The City has received this award for a number of years, and it is anticipated the City will receive the award again. The Certificate included in the 1997 report is for the year ending 1996. The second section of the report includes Ernst & Young's report on the financial statements, the financial statements themselves and the footnotes to the financial statements. The report of the financial statements is unqualified which means that in Ernst & Young's opinion the financial statements are fairly presented in accordance with generally accepted accounting principles. This year's report includes extra paragraphs to acknowledge the fact that the City adopted a few new required accounting statements. The statements include combined statements, fund statements, combining statements and individual statements. One new financial statement was included this year that shows the pension funds as a separate statement. Section 3 is a statistical section including financial and non-financial information about the City, The non-financial information includes demographics and millage rates. This is important information but they are not financial statements. The last section is on compliance with the Single Audit ACt and the Rules of the Auditor General for the State of Florida. This section includes information on the grants received from the federal government, the State and from the County. The reports are unqualified and contain no significant issues. The Management Letter includes recommendations on improving internal controls and efficiency. Mr. Wenners thanked Diane Reese, Finance Director, and City staff for their cooperation during this audit.. Mayor Taylor thanked Mr. Wenners for this task. He pointed out that this is a very important job that is required by State Statute and which costs the City $70,000. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of February 17, 1998 Commissioner Titcomb moved approval. Vice Mayor -]askiewicz seconded the motion that carried 5-0. MEETrNG MI'NUTES REGULAR CI'T COMMI'SS]'ON BOYNTON BEACH, FLOR.1;DA MARCH 17, 1998 2. Regular City Commission Meeting of March 3, 1998 Commissioner Titcomb moved approval. Mayor Pro Tern Tillman seconded the motion that carried 5-0. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget "Purchase and Install Two Utility Truck Bodies"- BID #038-501-98/SP - Approve award to Rayside Truck & Trailer, Inc. of West Palm Beach, Florida, in the amount of $8,570 "Cleaning, Sand Blasting and Painting of a Steel and Concrete Potable Water Clarification Basin (INFILCO Accelator)" - BID #013-401-98/SP - Approve award to Atlantic Painting & Sandblasting of Boynton Beach, Florida, in the amount of $46,500 "Annual Local Manpower for the Clean Up of Martin Luther King, Jr. Blvd. - Target Area" - BID #052-722-98/C.3D - Approve one-year extension of this bid to: BLC Lawn & Maintenance of Delray Beach, Florida, in the amount of $29,200. C. Resolutions: Proposed Resolution No. R98-48 Re: Authorizing the abandonment of a 10' utility easement located approximately 540 ' east of the southeast corner of Congress Avenue and SW 23~d Avenue to be known as Grand Park ALF of Boynton Beach 2. Proposed Resolution No. R98-49 Re: Accepting a Letter of Credit from NationsBank as :surety for required water and sewer improvements for the Sun-Sentinel Building located in Quantum Park Item IV-C.2, Proposed Resolution No. R98-49, was deleted from the agenda during Agenda Approval at the request of City Attorney Cherof. Proposed Resolution No. R98-50 Re: Accepting a Letter of credit from SunTrust Bank as surety for required water and sewer improvements for Hampton Lakes, located outside City limits Proposed Resolution No. R98-51 Re: Approving a Subordination of Easement Agreement for an existing utilities easement now located in the Congress Avenue right-of-way MEETING MZNUTES REGULAR CTTY COMMTSS~ZON BOYNTON BEACH, FLORTDA MARCH 17, 1998 Proposed Resolution No. R98-52 Re: Approving new job descriptions for Assistant to the Director of Development, Transportation Planner and Economic Research Analyst in the Department of Development Proposed Resolution No. R98-53 PCD plat Re.' Approving the Knuth Road Ratification of Planning & Development Board Action: 1. Benvenuto's Restaurant - 1730 N. Federal Highway - Request to amend the previously approved site plan to expand the existing restaurant by 10,767 square feet and add associated parking and landscaping. Approval of Bills Approve refund on Cemetery Lot 176-A, Block "O" of the Boynton Beach Memorial Park, purchased by Cassia Castin (Purchase Price $375 less 20% - Amount to be refunded $300) Approve refund on Crypt D-3, Sunset Building, Section A at the Boynton Beach Mausoleum (Purchase Price $2,713.50 less 20% - Amount to be refunded $2,170.80) Approve Parks Division request to purchase a Riding Mower/Grounds Master 325D, Model 30788 by piggybacking School Board of Broward County Bid #98- 085T "Lawn Mowing & Grounds Maintenance Equipment" from Hector Turf, Inc., Deerfield Beach, Florida, in the amount of $15,290 Approve Parks Division request to purchase a Toro Turf Sweeper/Model 4800HL utilizing a GSA Contract #GS-07F-8722D from Century Equipment, Inc. through Hector Turf, Inc., Deerfield Beach, Florida, in the amount of $11,606.59 Authorize transfer of $12,692 from the Golf Course Contingency Fund to Equipment Repairs to cover the cost of replacing the irrigation jockey pump and repairing the pump and motor of Pump #2 ApprOve application for excavation and fill on the Home Depot USA Inc. EXPO Design Center site at 1520 SW 8th Street, including receipt of surety of $8,415. Motion Mayor Pro Tern Tillman moved to approve the Consent Agenda as presented. Commissioner Titcomb seconded the motion that carried 5-0. 6 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA MARCH 17, 1998 _Motion Vice Mayor -laskiewicz moved to apProve the special event. Commissioner lltcomb seconded the motion that carried 5-0. B. Authorize an Emergency Sewer Repair in the amount of $24,405 Dale Sugerman, Assistant City Manager, explained that this was an emergency situation that we were not prepared for. Mark Law, Deputy Utilities Director, reported that this repair is needed at the 2700 block of North Seacrest Boulevard. It is a rear easement sewer that is vintage 1960. It is beyond the equipment capabilities that we own. We will be using an existing Palm Beach County bid. The sewer is currently working. However, there is a hole in the back yard of the residence. The repair must be made. In response to Mayor Pro Tem Tillman, Mr. Law explained that we were unable to run the video camera through the line because of the amount of sand in the line. Once the line is repaired, it will be cleaned to determine the condition of the pipe. If it is in need of additional help, it will be insituformed. Motion Commissioner Titcomb moved to approve the emergency sewer repair as requested. Mayor -laskiewicz seconded the motion that carried 5-0. v'r. PUBLTC AUD'rENCE: Vice Lee Wische, 1302 SW 18th Street_ congratulated Mayor Pro Tern Tillman on his victory and for running a well-planned, professional, and clean campaign. Vice Mayor ]askiewicz also welcomed Commissioner Denahan and commended her for running a clean campaign. XT. LEGAL: Ordinances - 2"d Reading - PUBLIC HEARING Proposed Ordinance No. 098-09 Re.' Deleting Article VI. Newsrack Regulations, in its entirety, reserving Sections 15-80 through 15-88, creating a new Article VI. Newsrack Regulations $/$/~ CZ"FY COI~II~IX$$XON Item XI-A.1 was deleted from the agenda at the request of Attorney Cherof. MEETZNG HINUTES REGULAR Cl'rY COHHISSTON BOYNTON BEACH~ FLORZDA HARCH 17~ 1998 Proposed Ordinance No. O98-11 Re: Amending Chapter 1, Article I! of the LDRs to add definitions for terms pertaining to floating homes and moorage, amending Chapter 20 of the LDRs and creating Article X, "Floating Homes" and Article X! "Mooring Structures" (T,4BZED FRO~4 3/3/98 c~rY COI~I~XSSZON !tern X!-A.2 was deleted from the agenda at the request of Attorney Cherof. B. Ordinances - ?t Reading None C. Resolutions: None D. Other: Outdoor Sale of Merchandise and Special $/$/98 C.17'Y C01~1~'I~'$$.i'0N Events (TABLED FROI4 Hotion Mayor Pro Tem Tillman moved to remove this item from the table. Commissioner Titcomb seconded the motion that carried 5-0. Tambri Heyden, Planning and Zoning Director, advised that this item was brought to the City Commission at the last meeting when The Home Depot submitted a request for temporary outdoor sale of merchandise. Staff denied the request because it did not fall within our Code. In addition, there are inconsistencies between the zoning code and the Occupational License Code. Staff felt this was a good time to bring the inconsistencies to the attention of the City Commission so that policy direction could be established to prepare an Ordinance for adoption. Staff is looking for direction with respect to the following items: 1. Does the Commission wish to limit the type of merchandise temporarily sold outdoors (such a limitation could be seasonal merchandise used or displayed in celebration of a federal holiday or religious holiday, arts and craft, s, antiques and collector's items)? 2. Does the Commission wish to restrict who can sell outdoor merchandise (i.e., not for profits, anyone With property owner approval or operator of the business in the building located on the property)? 3. Does the Commission wish to require Commission approval for special events or transfer this responsibility to staff?. 9 HEET?NG MZNUTES REGULAR CZTY COF4HTSSTON BOYNTON BEACH, FLORa'DA MARCH 17, 1998 Staff would not want to discourage car and art shows in parking lots that are sponsored by for- profit organizations (shopping center promoters). However, we do not want retailers to use this as a means of extending the sale of merchandise outside their buildings. Occupational License fees are based on merchandise in inventory, and this can be used as a loophole. In addition, there are aesthetic concerns associated with this type of activity. Vice Mayor -laskiewicz agreed with Ms. Heyden's statement with respect to aesthetic concerns. She is hopeful the Commission will only consider the not-for-profit organizations as was done in the past. She does not want to extend this but does not wish to exclude the special events because they are an asset to the City. Commissioner Titcomb questioned whether Ms. Heyden reviewed what other neighboring cities are doing in this regard. Ms. Heyden responded affirmatively. She contacted Boca Raton, West Palm Beach, Palm Beach Gardens, and Delray Beach as well as unincorporated Palm Beach County. None of the cities allow this. Unincorporated Palm Beach County does allow it. With respect to Item #1, Ms. Heyden explained that for the past few years, the City has allowed The Home Depot to sell Christmas trees. They are not a not-for-profit organization. The problem with making a distinction between not-for-profit and for-profit is that there are shopping center promoters. They charge a fee for grand openings or special events and set up booths to sell merchandise. However, if we limit the type of merchandise to seasonal merchandise, we will shut the door on general retail such as carpets, equipment and clothing. Mayor Taylor expressed concern about the outdoor display of merchandise on Ocean Avenue in front of the antique stores on weekends. He does not want this activity to take place. Ms. Heyden advised that as part of the downtown marina district, we would want to encourage vendor carts in the promenade area. Therefore, this Ordinance will be tailored to make sure that type of activity is not excluded in the fUture. Mayor Pro Tern Tillman questioned what would prevent him from going to the City Commission for approval to sell a seasonal item in an open-air tent such as swimsuits. Attorney Cherof advised that an Occupational License would be required or the request would have to be for a special permit. Mayor Pro Tem Tillman questioned how this Ordinance could be written so as not to discriminate against anyone. Ms. Heyden explained that seasonal merchandise is an issue she will work on with the legal department. She suggested that seasonal merchandise would be something that is used or displayed in connection with celebrating a holiday (federal holiday or religious holiday). Commissioner .laskiewicz reported that she has received telephone calls from local florists who vehemently object to the outdoor sale of plants and flowers for Mother's Day and Easter because those sales impair their business. Ms. Heyden offered to address that issue. MEETTNG M]'NUTES REGULAR CTI'Y COMM'rSSI'ON BOYNTON BEACH, FLOR[DA MARCH 17, 1998 With respect to special events, the procedure has been that the requests come to the Commission. There is a detailed list of criteria in the zoning code that is used by staff: to evaluate these requests. Since the criteria is so specific, staff questions whether or not it is necessary to continue bringing these requests to the Commission or whether they can be handled administratively. There was a consensus of the Commission to require Commission approval because this is a hard line to draw. There are some items that should be presented to the Commission such as a previous request for a tent revival. Mayor Taylor would not want staff to take responsibility for making a decision on such a request. Commissioner Titcomb feels it is necessary to look at each item as a special situation. He explained that the reason people put merchandise outside on the sidewalk is because the area does not have critical mass from a marketing standpoint. The intent of putting merchandise outside is to bring people to the stores. That same need is not necessary in a well-marketed, well-populated shopping center. He believes the City might have to establish special districts such as the downtown business district. Bulent Kastarlak, Director of Development, feels that in connection with special events, the merchants licensed to sell their products or provide their services are also eligible to participate in the special events. There is nothing to exclude them from having a booth or tent for that purpose. Therefore, there is no bias involved. If a merchant is concerned about competition on a special day, he can take his products out and compete under the same circumstances. With respect to where discretion ends and :obligation begins, it is a very fine point. However, Mr. Kastarlak requested an opportunity to develop simple criteria with respect to where to draw the line so that it will simpli~ the Commission's tasks. Mayor Taylor said he would be happy to review criteria developed by staff. 2. Executive Session - 9:00 p.m. or immediately following Commission meeting to discuss Collective Bargaining This session will be held immediately following this meeting. XII. UNFINISHED BUSINESS: A. COBWRA Meeting with Reference to Annexation Vice Mayor 3askiewicz reported that she met for three hours with several members of COBWRA for information gathering relative to the annexation program. The meeting was contentious at commencement, but ended amicably. They would like to pursue further meetings. Vice Mayor -]askiewicz requested that COBWRA submit agendas in the future so that she can gather the necessary information in advance of the meeting. She further requested that staff (Ms. Heyden) attend the meetings with her. Vi:ce Mayor -laskiewicz will keep the City Commission updated as the meetings progress. MEETING MI'NUTES REGULAR CITY COMMZSSTON BOYNTON BEACH, FLORZDA MARCH 17, 1998 XIII. OTHER: Mayor Pro Tern Tillman advised that he would be attending the Municipal League meeting to be held next Wednesday at 10:30 a.m. at the -lupiter Town Hall. He reported that he will attend these meetings in the future as he is an alternate member. Mayor Taylor announced that he will cover the MPO meeting on Thursday and reported that there will be a number of appointments that will appear on the next agenda for these committee positions. Commissioner Titcomb requested that the microphones in the Chambers be repaired so that they are all in working order. City Manager Willis advised that we continue to repair them and they continue to breakdown. She will contact the company to request that they provide us with a comprehensive explanation of what is causing the problem. X_TV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 7:24 p.m. ATTEST: Cityt-Clerk '-"(One Tape) CITY OF BOYNTO~ B_EACI:K, .,, Mayor , _ ,// ~ ~ I~layor Pro Tern '""/"//~-" ~ .u.,u,~ss-ioner Commissioner 12 DEVELOPM~.NT ORDER OF THE CITY COMMI~.ION OF THE L. rY OF BOYNTON BEACH, FLOR~._A PROJECT NAME: Benvenuto Restaurant APPLICANT/AGENT: Jean Philippe Gaudre6 APPLICANT'S ADDRESS: 2936 N.W. 24th Terrace, Boca Raton, FL 33431 DATE OF CITY COMMISSION RATIFICATION: 3/17/98 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 1730 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the 'date of hearing stated above. The City Commission having considered the relief sought' by the applicant and heard testimony from the applicant, members of City administrative 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. o 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 Applic~r~t'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. City Clerk J:\SHRDATA\Planning\SHARED\VVP\projects~envenuto Restaurant\~DEVELOPMENT ORDER REV.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other .-.~'' _,,%,0 EXHIBIT "C" Conditions of Approval Project name: Benvenuto Restaurant File number: MSPM 97-003 Reference: The plans consist of 5 sheets identified as 2nd Review, Major Site Plan Modification. File # MSPM 97-003 with a February 9, 1998 Planning and Zonin~ date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Relocate dumpster. Location shown is unacceptable as it has unsafe X backing and an insufficient turning radius. UTILITIES Comments: 2. Palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so X that roots and branches Will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. The revised site plan indicates Live Oak trees within existing and proposed easements which is not acceptable. 3. Department of HRS permits will be required for the water system X extension serving this project. (Sec. 26-12). 4. Fire flow calculations will be required demonstrating the city code X requirement of 1500 g.p.m, as stated in ,LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Submit these calculations with the HRS permit submittal. 5. Provide an engineer's written certification that drainage will conform to X all rules of the city and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F) 6. Water and sewer lines to be owned and operated by the city shall be X included within utilities easements. Show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city as stated in Sec. 26-33(a) of the code. 7. LDR Chap. 6, Article IV, Sec. 16 requires that all points on each X building shall be within 200 feet of an existing or proposed fire hydrant. Demonstrate that the plan meets this condition, by showing all hydrants. Page 2 Benvenuto Restaurant File No. MSPM 97-003 DEPARTMENTS INCLUDE REJECT 8. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. 9. Part of the proposed building is shown to be encroaching into an X existing easement. Although this easement is not believed to contain water or sewer lines, this encroachment must be addressed by either changing the building footprint, or abandoning the easement. Abandonment applications are available from Planning and Zoning. FIRE Comments: 10: The building must have two (2) exits to the outside that are located as X remotely as possible from each other and are not through the kitchen. Travel distance to an exit from any point in the building shall not exceed 200 feet. 11, The new entry hall may not be used as a waiting room. X 12. The porte-cochere shall have a minimum clearance of 13'6" from grade. X 13:. The building is required to comply with class B assembly occupancy X requirements including a fire protection engineer to design the sprinkler system. POLICE Comments: None X ENGINEERING DIVISION Comments: 14~ Stop signs and stop bars are needed at all on-site intersections. Also, X "One Way" signs need to be shown around circular drive where needed for efficient traffic flow. [LDR Chapter 4, Section 7.B.2.] 15. Remove all 90° parking spaces having a backup dimension of less than X 27 feet or redesign subject areas to conform to minimum requirements. [City Standard B-90013] The 27 feet backup distance needs to be drawn to scale at all parking spaces. 16. Provide an acc. eptable site lighting plan for the entire parking lot. [LDR X Chapter z~, Section 7.B.4.] Page 3 Benvenuto Restaurant File No. MSPM 97-003 DEPARTMENTS I INCLUDE I REJECT 17. Show proposed 4 feet sidewalk along Lake Street in right-of-way. X [LDR Chapter 4, Section 7.B.2.] 18. Provide proof of ownership for lot # 18. X 19. 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, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency shall be included at time of request for a city permit. 20, On the drainage plan, show proposed elevations and proposed drainage X structures and treatment facilities. [LDR Chapter 4, Section 7.F. 1.] 21. Engineer's certification letter needed for drainage, stating that drainage X will conform to city codes. [LDR Chapter 4, Section 7.F.2.] BUILDING DIVISION Comments: 22: On the site plan and drainage plan label the location of the required X accessible route that leads to the accessible entrance of the building from the sidewalk shown along U.S. No. 1 and the accessible parking spaces. Also identify the slope proposed for both routes. The location, width, slope and surface finish shall comply with'the regulations specified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 23:. Show and label on the floor plan drawing the accessible loute that is X shown on the site plan. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 24. It is recommended that the sidewalk proposed for the accessible route X between the accessible parking spaces and the building entrance be extended in a southerly direction along the front of the accessible spaces. The new sidewalk would connect to the west end of the southern-most accessible aisle. 25. On the proposed site Plan, landscape plan and drainage plans identify the X location of the proposed site sign. Also specify on the site plan no less than a ten (10) feet setback from the property line to the leading edge of the proposed site sign. [Land Development Regulations, Chapter 21 - Sign Code, Article III, Sect_ion 5] .~ _ Page 4 Benvenuto Restaurant File No. MSPM 97-003 DEPARTMENTS INCLUDE REJECT 26, It is recommended that the site sign shown on the site plan be reviewed X and approved administratively by staff through the permit process. PARKS AND RECREATION Comments: None X -v FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 27. It is recommended that all plan text be increased to a minimum of 10 pt. X so that when plans are microfilmed to a smaller scale they will be legible. 28, Locate fire hydrants on site plan and landscape plan. X 29, Darken easements and labels on the landscape plan as they are too light X to read. 30, Locate a 4' wide minimum handicapped accessible sidewalk to the X second entry required by engineering. 31. If sign improvements are proposed, provide a sign elevation including a X color and materials list on the site plan. 32. All landscaped areas must be curbed. Ch.23 Art.2 Sec.7 Par. E X 33. Parking terminal islands and separator landscape strips shall be X dimensioned at 5' wide excluding curbing, and shall be landscaped according to Ch.7.5, Art.2. 34. On the site plan, label the proposed parking space detail with X dimensions~ Refer to city standard B-90012. 35i On the site plan, provide a dumpster detail and landscaping as per Ch.7.5 X Art.2 Sec.5 Par. J. Dumpster enclosure shall match building. 36: Provide calculations in the site plan tabular data for the 20 square feet of X open space per interior parking space requirement. Ch.7.5 Art.2 Sec.5 Par. G Page 5 Benvenuto Restaurant File No. MSPM 97-003 DEPARTMENTS INCLUDE [ REJECT 37. Dimension all proposed building setbacks and label the minimums. Also X provide code setback minimums as tabular data on the site plan. Ch.2 Sec.6 Par. C 38. Dimension the one-way access drive along the north end of the parcel. A X minimum width of 12 feet is required for one-way and 20 feet for two- way. Chapter 23, Article II, Section H. 1. 39~ List the maximum and proposed building height in the site plan tabular X data. Chapter 2, Section 6.C.3. 40, Label surrounding site information including zoning, land use and right- X of- way width. 41, Label the base building line (front). X 42, Provide a key or legend for proposed and existing building area. X 43, Locate and dimension all required' landscape strips on the site and X landscape plans. Chapter 7.5, Article II, Section 5.D and E. 44, Provide exterior overall height on architectural plans. Provide tabular X data including colors, manufacturer name, and texture of each type of architectural feature. 45. Provide colored rendering for rear elevation. Attach color chips. X 46. Provide the existing and proposed gross 'building square footage in the X site plan tabular data. 47. Label the gate-like structures at the entries and provide elevations with X colors and material noted. - 48. Provide spot elevations on the drainage plan. X 49. Label on the landscape plan, areas to be sodded, and in the plant profile X state that the square footage will be determined in the field. 50. Increase the access drive servicing the proposed parking aisle at the drop X off loop, to a minimum of 27' wide, due to the three spaces at the northeast comer of the proposed parking area. 51. It is recommended that the service area/employee parking lot be X connected to the parking area south of it to address dumpster access problems raised by the Public Works Department and to prevent delivery Page 6 Benvenuto Restaurant File No. MSPM 97-003 DEPARTMENTS I INCLUDE IREJECT trucks from backing out onto Federal Highway since the service area is not large enough within which to turn tracks around. 52, Correct square footage discrepancy of 20,767 vs. 20,367 square feet. X 53, Provide a complete unity of title form (available from the Building X Division) for review prior to recordation to combine both lots used for this use. Also, plans submitted do not match the survey with respect to property line location at the northeast comer of the site. 54, Screen service areas with a wall or continuous vegetative buffer. Chapter X 9~ Section 10.C.1 55, Add a scale to the architectural elevations. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 56, Comment No. 17 may be handled administratively to determine whether X a sidewalk can or cannot be accommodated. (See Comment No. 57 below.) 57. Gate Federal Highway elevations and design shall come back to the X Board and Commission for review. 58. A type of mulch other than Cypress shall be used. X 59. Parking striping shall be white. X ADDITIONAL CITY COMMISSION CONDITIONS 60. Regarding Comment No. 17, in lieu of a sidewalk within the right-of- way, since there is not adequate room, provide a sidewalk connection from the eastern dead end of the public Sidewalk to the northeast comer of the parking lot (do not extend the CBS wall north) and stripe within ,j the access aisle which runs along the north property line, a 3 foot wide area for a pedestrian connection. Delete the northwestern-most parking space and continue .the striping through it~ Provide a 4 foot wide concrete connection from the northwest comer of the lot to the sidewalk on Federal Highway. /bme ' s:~projects~Benvenuto RestqvlSPM~cond of appr 2nd review DEVELOPM[TT ORDER OF THE CITY COMMIS" ~N OF THE Ci Ih' OF BOYNTON BEACH, FLORID~ PROJECT NAME: Shoppes ofWoolbright PCD - EXPO Design Center APPLICANT' S AGENT: Susan Prillaman, Greenberg Farrow Architecture, Inc~ APPLICANT'S ADDRESS: 5463 West Waters Avenue, Tampa, FL DATE OF RATIFICATION CITY COMMISSION: March 17, 1998 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Approval of a Category 4 Excavation & Fill Permit East side of S.W. 8th St. between Home Depot & Purple Heart Way THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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. The Applicant v" HAS HAS NOT established by substantial competent evidence a basis for the relief requeste& 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 apphcat~on for relief s hereby v"" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect innnediately 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 --}-; ~/__~__e~ DATED: ~,,. ~L ]5~HRDATA~Ph~h~SH~ED~P~fOR~De~. EXHIBIT "C" Conditions of Approval Project name: EXPO Design Center Type of Development Order: Excavation & Fill Permit DEPARTMENTS INCLUDE REJECT puBLIC WORKS COrmnents: None UTILITIES Cdmments: None C~mments: None POLICE COmments: None ENgINEERING DIVISION COmments: 1. No work is to proceed until issuance of the permit from the City of Boynton Beach for excavation and fill. [LDR Chapter 8] 2. i No work is to proceed until issuance of the permit from the City of Boynton i Beach for clearing and grubbing. [LDR Chapter 7.5, Article I, Section 5] 3. i Prior to issuance of the permit for excavation and fill, a surety must be /// i provided to the City of Boynton Beach. [LDR Chapter 7 and Chapter 8] 4. i By receipt of this permit, the permittee ac-knowledges that this permit does not i obviate the need to obtain other required federal, state and local authorizations i prior to the start of any activity approved by this permit. 5. The applicant is coordinating with Mr. James Bisesi for placement of excess : fill on his Miner Road property. The City staffhas no objection to this /// i placement. BUILDING DIVISION Chmments: None I DEPARTMENTS INCLUDE REJECT pARKS AND RECREATION Comments: None FoRESTER/ENVIRONMENTALIST Comments: None 1 PLANNING AND ZONING Comments: None ADDITIONAL CITY COMMISSION CONDITIONS s:\proje~ts\cond of appr\ \\CH\MAIN\SHRDATA\Engineering\Eng. CK~Develop,Order-Expo Design Center.doc