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Minutes 05-20-97MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 20, 1997, AT 6:30 P.M. PRES ENT Gerald "Jerry" Taylor. Mayor Jamie Titcomb, Vice Mayor Matthew Bradley, Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman, Commissioner Kerry Willis. City Manager Sam Goren, City Attorney Janet Prainito, Acting Deputy Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:35 p.m. B. Invocation The invocation was offered by Father John G. Block of St. Mark Catholic Church C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Vice Mayor Jamie Titcomb. D, Agenda Approval 1. Additions, Deletions, Corrections Commissioner Jaskiewicz moved Item X.A.1 up to be heard after "Presentations". Vice Mayor Titcomb added Item III.B.2 (Flood Victims Drive). Mayor Taylor added Item X.A.2 (Charter Revisions) and pulled Item IV.C.5 from the Consent Agenda for discussion. 2. Adoption Motion MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Commissioner Henderson moved to adopt the agenda Titcomb seconded the motion, which carried 5-0. II. A. Appointment to be Made ADMINISTRATIVE Appointments to be Made Board None. as amended. Vice Mayor Length of Term Expiration Dato III. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. Open House at Fire Station #3 - Congress Avenue and Miner Road - May 24, 1997, 10:30 a.m. - 3:30 p.m. in honor of EMS Week Mayor Taylor made this announcement. 2. Town Hall Meeting at City Hall in the Mall - May 29, 1997 - 7:00 p.m. Mayor Taylor made this announcement. 3. Visions 20~20 Quick Victory Kick Off - Monday, June 9, 1997 - 6:30 p.m. at the Boynton Beach Civic Center Mayor Taylor made this announcement. B. Presentations 1. Proclamation - National EMS Week - May t8 through May 24, 1997 - Accepted by Deputy Fire Chief Ness Mayor TayJor read a proclamation declaring the week of May 18-24, 1997 as Emergency Medical Services Week and presented it to Deputy Fire Chief Jim Ness. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Chief Ness invited everyone to the Fifth Annua Open House at Fire Station No. 3 this Saturday. 2. Proclamation - Memorial Day - May 26, 1997 Mayor Taylor read a proclamation declaring May 26, 1997 as Memorial Day in the City of Boynton Beach and presented it to a representative of the Veterans' Posts. This representative advised that a ceremony wilJ be held on Sunday at 2:00 p.m. at Boynton Beach Memorial Park to honor the men and women who gave their lives serving this country. Immediately following the ceremony, everyone will go to the Boynton Inlet where a wreath will be placed at sea to honor all airmen and seamen who were lost and whose bodies were never recovered He also advised that the Veterans' Posts are committed to placing headstones on every veteran grave at Boynton Beach Memorial Park and Sara Simms Memorial Gardens. 3. Flood Victims in North Dakota Vice Mayor Titcomb asked Joy Currier to speak on this item. Ms. Currier thanked City Manager Willis. the Sun-Sentinel, the Palm Beach Posts, all the boards, and Officer James Wilkerson for their involvement in collecting goods for the flood victims Mayor Taylor thanked Ms. Currier and everyone 'nvolved for their efforts in this endeavor. X. NEW BUSINESS A. Items for discussion requested by Commissioner Shirley Jaskiewicz 1. Clarification on restructuring of City Boards Commissioner Jaskiewicz felt the duties of the Community Relations Board should be rewritten to be more conducive to the way they operate. She also felt this board does not fit in with the Senior Advisory board and pointed out that seniors compdse a third of the population of the City. With regard to the Education Advisory Board and the Advisory Board on Children and Youth Board. she felt there are overlapping of duties. Instead of combining them, she suggested having them meet consecutively on the same night. She felt the duties of these boards should also be rewritten. 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mayor Taylor pointed out that the purpose of consolidating these boards is for efficiency, effectiveness, and economic reasons. He had no objection to rewriting the duties of the boards. He did not see why the Community Relations Board, which ~s authorized to review matters of City-wide concern, could not address the concerns of seniors. He pointed out that even if the boards met on the same evening, a recording secretary is still needed. He was in favor of the boards meeting every other month and attending each other's meetings. Vice Mayor Titcomb was in favor of ways to make things more cost-effective and more efficient; however, he was concerned about folding various boards into each other without expanding the number of members so that specific groups have sufficient representation. He did not think the sen~ors would feel effectively represented by a sing e seat on the Community Relations Board. He stated that the Education Advisory BOard and AdVisory Board on Children and Youth perform distinct functions, and he was in favor o~them holding their meetings on alternate months. COmmissioner Bradley was in favor of folding respons b res and people together. dissolving boards, accepting applications, and expanding the membership by two or three memberJs Commissioner Tillman was in favor of folding boards together for efficiency and giving everyone the opportunity to continue to participate. He did not think one board should be eliminated while one remains in existence. Mayor Taylor did not think there should be more than nine members on the boards and suggested thet subcommittees be formed to address certain concerns, whether it be a senior problem or a neighborhood problem. This item was further discussed under Item XI.B.1. IV. CONSENT AGENDA A. Minutes City Commission Workshop Meeting Minutes of May 2, 1997 City Commission/Chamber of Commerce Workshop Meeting Minutes of May 5, 1997 Regular City Commission Meeting Minutes of May 6. 1997 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 No additions, deletions, or corrections were made to the above minutes. B. Bids - recommend Approval - All expenditures are approved in the '1996-97 Adopted Budget None. C. Resolutions Proposed Resolution No. R97-76 Re: Authorize execution of Lease Agreement between the City of Boynton Beach and Boynto~ JCP Associates. Ltd. permitting the City to continue leasing the space at the Boynton Beach Mall for "City Hall in the Mall" Proposed Resolution No. R97-77 Re: Opposing the plans of the Florida Department of Transportation to expend $70 million per year for the next 40 year to fund a high speed rail project Proposed Resolution No. R97-78 Re: Authorize pumhase of C-PLIMS. Comprehensive Public Safety Information Management System from Inacom Information Systems. authorize execution of agreement for purchase of C-PLIMS. Comprehensive Public Safety Information Management System between the City of Boynton Beach and D. M. Data Corporation. and authorize purchase of twelve (12) Panasonic ruggedized laptop computers from Pomeroy Computer Resources Proposed Resolution No. R97-79 Re: Authorizing execution of a contract between the City of Boynton Beach and James Duncan & Associates, planning consultant for the Visions 20/20 Proposed Resolution No. R97-80 Re: Approve form for master tow agreement, authorize the issuance of Certificates of Qualification to qualified tow contractors, and authorize and direct the Mayor and City Clerk to execute tow agreements with said contractors Mayor Taylor pulled this item from the Consent Agenda for discussion. 5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Proposed Resolution No. R97-81 Re: Authorize execution of agreement between the City of Boynton Beach and the State of Florida. Department of Management Services, Division of Communications Services, providing for SUNCOM long distance telecommunications services Proposed Resol ution No. R97-82 Re: Accept Letter of Credit from SouthTrust Bank as surety for utilities improvements to serve the Riverwalk Shopping Plaza in the amount of $32.719.50 Proposed Resolution No. R97-83 Re: Authorize execution of Lease Agreement between Milner Document Products, Inc. for the Lanier Mode] 67855 copier in the West Wing of City Hall for 36 month period Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. E. Payment of Bills - April 1997 A ist of these bills is attached to the original minutes on file in the City Clerk's Office. Authorize purchase of cabling services for the Police Department from CompuLink (State Negotiated Agreement Price Schedule) in the amount of $8,184.96, $2,162.02 to be funded from the COPS MORE Grant This is the purchase and installation of network cable in the Police Department which will allow the connection of computers and printers to the network. This physical w~ring must be in place in order for the desktop and laptop computers to communicate with the servers and printers. Approve Records Disposition Requests (#329 and #330) submitted by the Finance Department The State has approved these requests (329 for records from 1990 through 10/93 and 330 for records from 12/92 through 12/93. 1/92 through 4/92. and 9/91 through 12/91. 6 MINUTES REGULAR CtTY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Authorize the purchase from Compaq Computer Corporation off the State of Florida Contract one laptop computer for the Development Director, Neighborhood Project Specialist, Fire Chief and Public Works Director in the amount of $13,872.00 These computer purchases are a part of the employment agreement contracts with these individuals. The models to be purchased are the Compaq Armada 4100 Series with.32 MB of memory, a Pentium 133 MHz processor and 1.4 GB of hard drive. These are the standard types of laptop computers which are being purchased for City use. Being that they are laptop computers, they will be fully portable for these contractual employees and can be used anytime, anywhere. Authorize pUrchase of a second treadmill for the fitness center from Quinton Fitness Equipment (extension of Veteran's Administration pricing off of open market) in the amount of $5,583.00 At the direction of the Fitness Center Wellness Committee, a second treadmill was requested. Due to the continuous use and waiting time for the only treadmill in the fitness center, several rea uests have been verbalized and submitted in the suggestion box for another treadmill. Authorize the purchase of Microsoft Office Suite '97 licenses for use on the citywide network The ITS Master Plan calls for uniformity and integration of desktop office software which will be used on the city-wide computer network. In the Fall of 1996. the City employees reviewed and tested three major desktop office software products. At the conclusion of that review and testing period, the employees selected the Microsoft Office Suite as their office suite of choice. This software has now been installed on 99 percent of the office computers throughout the City. The purchase of these licenses actually gives us the legal authority to operate this software on our computers. Without the licenses, we would be illegally operating this software. K. Authorize purchase of Cushman 3-Wheel Turf-Truckster, Model 536 from Pifer, Inc. (State contract) in the amount of $10,315.0-0 for the Golf Course This item was scheduled to be replaced in the 1996/97 budget. 7 iNUTES M. " -.-., ,-~MMISSION MEETING REGULAR ct i ~ ~,.~ ... ;',a,DA BOyN~-ON BEACH, MAY 20, 1997 L. Authorize sole source purchase of a Smithco Sand star E electric bunker rake from Kilpatrick Turf Equipment in the amount of $7,299.00 for the Golf Course -This item was scheduled to be replaced in the 1996197 budget. Approve request for software required to upgrade the computer Utilities Department operating system on PC's located within the from Wareforce, Inc. in the amount of $6,007.71 The Utitities Department requested approval to upgrade the existing software in their and maintenance, for the PCs utilizing State Contract #252_001-97-1/microsoft licenses period April 1 1997 through March 31, 1999. Motion Commissioner jaskiewicz moved to approve the Consent Agenda with the exception of item C.5. Commissioner Titlman seconded the motion, which carried 5-0. C.5. Proposed Resolution No. R97-80 Re: Approve form for master tow agreement, authorize the issuance of Certificates of Qualification to qualified tow contractors, and authorize and ctirect the Mayor and City Clerk to execute tow agreements with said contractors Attorney Goren advised that a legal opinion was issued by the City Attorney on Friday after reviewing some pretiminary information regard ng two of the proposers, Kauff's Towing and Murphy's Towing. Based on that level of research, the two companies were too well connected legally and were either unable to bid togethe~ or unable to be considered because of that connection. However, after independent inquiry this afternoon, some additional information was prowded to the City to helo clarify the distinction between both companies. In addition, other proposers who may not, in staff's opinion, meet the qualifications of the bid specification were present. Mayor Taylor advised that research has shown that Kauff's Towing and Murphy's Towing are owned by the same entity which is against our regulations. Murphy's Towing should be rejected because oT ~ 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 within the contract. The provision within the contract provides that if more than one application is submitted by one proposer and it is determined by City staff that the applicant ~s under substantially the same ownership, the applicant will be rejected. Kauffs Towing and Murphy's Towing have two separate applications and are not the same proposer, Kauff's rs a totally separate and independent organization from Murphy's Towing. They own separate yards, trucks and equipment. They have separate employees and are managed by separate people. Nothing they do intertwines with each other. In fact. they compete with each other. Kauff's and Murphy's have been purchased by Miller Industries Inc., a company listed on the New York Stock Exchange. However. Kauff's and Murphy's are totally separate and independent. These two companies have nothing to do with each other than the fact that a publicly traded company on the New York Stock Exchange owns them. Harold Murphy, owner of Murphy's Towing, stated that his equipment, yard. radio system, and everythin§ else is completely owned and run by Murphy's Towing. With regard to some of his equipment, he made a business decision to get involved in this industry because of the professionalism they are trying to bdng to the industry. Miller Industries is going to put schooling in and have insurance programs with the various companies that they are goin§ to be involved with. This will allow Murphy's Towing to offer their employees hospitalization and dental for about $100 a month, and workmen's compensation. Carl CasJo, representing Quik Arrival Towing, distributed a handout which is attached to the origina minutes on file in the City Clerk's Office. He outlined the position the City has given for failure to sut~mit a Certificate of Qualification as follows: Mr. Casio stated that his clients' existing occupationa license was attached to the application. He submitted Exhibit A (a receipt from the City showin§ that $10.00 has been paid for an occuoational license application filing fee). Mayor Taylor noted that this receipt is dated today. · Failure to submit required insurance documentation. See Exhibit B attached hereto. Mr. Casio said his clients referenced all the different insurance policies that he had on the application. He said there is no requirement on the a pplication to provide cop~es of the policies however, he submitted them this evening (Exhibit B). · Tow trucks in poor condition. See Exhibit C attached hereto. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mr. Casco said this Js ambiguous. What was indicated to his clients was that some of their tow trucks had excessive wear on their tires. Therefore, they purchased new tires. a Class B truck in February for $19,000. and a motorcycle trailer in April for $520 on reliance of this new contract and to try to meet the requirements of this application. They also hired an extra e river. · Application was handwritten. Mr. Casio advised that the contract states that any application which is handwritten will automatically be rejected. However. there is a provision on the application that requires handwriting. He believes his clients were misled His clients would be willing to resubmit a typewritten application. · City licenses for office facility not produced. See Exhibit D attached hereto. Mr. Casio said his clients provided copies of their existing occupational licenses. Exhibit D indicates that a permit has been issued for the facility. · Inside storage area ~s inadequate and not licensed by the City. Mr. Casio adviSed that his clients have entered into a lease for additional inside storage (900 square feet) whiCh Would easily meet the requirements of the contract. This lease is contingent upon approvaI of this application. An occupational license was issued for this. Mayor Taylor nOticed that the receipt for the occupational license is also dated today. He asked if they submitted the application under an expired occupational license. Mr. Casio could not answer that question. Commissioner Bradley asked if the RFQ stated that the application had to be completed by a certain date and that certain materials had to be submitted by a certain date. Wilfred Hawkins, Assistant to the City Manager, stated that the deadline was May 2nd and the RFQ Clearly stated that the facility should be secured, licenses should be secured, and everything needed to be in Place prior to May 2nd. Mr. Casio believes that when the City insPectors went to inspect, his clients made them aware that they had additional information. He pointed out that the City would have on file whether or not there is an occupational license. His clients specified On the application that they had the necessary occupancy agreements and facilities. Th'e only dOcument missing at this time is a copy of the lease because there is only an oral contract between his clients and the owner of the property. 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 William Carol represented McAIpine's Towing. They are not on the recommended list because no occupational license was issued prior to May 2% Prior to May 2®, McAIpine's had secured a location and applied for an occupational license, but have not been issued one to date. The second reason for denial, which was conveyed to him this evening by Mr. Hawkins. was that the facilities were not sufficient for the proposal. They now have secured sufficient offices, storage space, and occupational licenses. However, they have still not heard anything from the City regarding the occupational license for the initial Iocation. Mr. Carol said the agreement clearly states that the space needs to be secured before the closing date. With regard to the occupational license, it states that an occupational license shall be obtained. However, ~n a previous provision, it states that ordinances. codes, etc.. shall be obtained ~ selected Mr. Jordan. owner of McAIpine's. said he originally applied for his occupational license on April 23rd and was told that he would be notified within three days whether or not it would be approved. As of May 7'", he has made several telephone calls and visited the Occupational License division and was told it was tied up in Planning and Zoning. Prior to the inspection on May 7TM, his wife called to find out what was going to be inspected and was told they were going to inspect the trucks only. Dudng the inspection, a Code Enforcement Officer a,nd a Police Officer told him an occupational license was not issued because of insufficient customer parking. Therefore. he rented another building and secured his occupational license. Mr. Hawkins stated that these con'~)an~es should have been properly licensed and had all their homework done prior to submitting an application. The Evaluation Committee evaluated the property, trucks, and office based upon the criteria within the tow agreement. In response to Vice Mayor Titcomb, Mr. Hawkins advised that Quik Arrival has been on the rotation liSt in the past McAIpine's has not, and past record of service under the previous contract is part of the criteria that determines whether or not a company is selected. Mayor Taylor expects the towing companies that contract with this City to be professional in their operation, equipment, and their business operations. QUik Arrival has come before this Commission twice and we have considered taking them off the rotation list because of the poor professionalism they have shOwn in the past. He could not support Quik Arrival. 11 :~i MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 With regard to McAIpine's. Mayor Taylor.said if he needed an occupational license by May 2n° and had not received it. he would not have waited 18 days afterwards to contact the City He had no problem with Kauff's and Murphy's since the City Attorney feels they are two separate entities. Commissioner Tillman felt the tow companies should have submitted everything they needed in a timely fashion. He also had no problem with Kauff's and Murphy's. Commissioner Jaskiewicz inquired about the number of tow compames allowed on the rotation list. Mr. Hawkins advised that the RFQ indicated a minimum of three and a maximum of five. Staff recommended no more than five so that they can properly track these companies one manage them properly. The tow corn pames wanted this rotation and wanted the opportunity to participate because there is money to be made. The more people on the list. the less opportunity to be called, and the less money to be made. In light of the information provided this evening, Attorney Goren felt Kauff's Towing and Murphy's Towing legally qualify. Vice Mayor Titcomb was in favor of considering the new company, McAIphine's. and felt they just got caught up in the technicality of the process. However. he was not in favor of considering Quik Arrival because of their history of problems in the City. He had no objection to Kauff's Towing and Murphy's Towing. He was 'n favor of putting all the local tow companies on the rotation list if they qualify instead of limiting the number. Commissioner Bradley felt the City should stick to the standards it set in the RFQ. Commissioner Tillman agreed. Carel Fisher. Deputy Public Works Director. urged the Commission to put Kauffs Towing and Murphy's Towing on the rotation list. He pointed out that they are the only companies who have equipment [o handle the City's larger vehicles such as the 125 foot aerial fire truck and some very large solid waste collection vehic,es. Motion Commissioner Bradley moved that the City approve nto rotation Becks, Eastern. Emerald. Kauff's, Murphy's and Zuccala's Towing. Commissioner Tillman seconded the motion, which carried 5-0. 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 V. CITY MANAGER'S REPORT A. RFP for privatization of Customer Relations/Meter Reading At City Manager Willis' request, this item was tabled for six months to allow her office to study this operation. The RFP began prior to her arrival and was based upon data collected by the meter readers, City Manager Willis advised that whether we privatize or not, we have to maintain control of the data collection and billing information from a financial accountability standpoint. We are going to have to do software upgrades and buy a new system which will allow us [o mail a quarterly newsletter to our citizens. Also, there are some operational problems within this division which City Manager Willis believes need further study. There is a lack of communication, scheduling, and routing problems that have to be smoothed out regardless of who eventually takes over this operation, Also, she felt :the employees should have the opportunity to help work the problems out. She would like to revisit this issue in six months and preserve those bidders' rights who have responded to the RFP. Mayor Taylor clarified that the bids would be frozen and no new bids will be accepted. Vice Mayor Titcomb asked what would happen to the bids if in six months some of the criteria has changed due to improvements made internally in the City. Attorney Goren advised that if there are material changes in the conditions at the time the frozen bids are reopened, the City may have to readvertise and go through the process again. Commissioner Jaskiewicz asked what the 5 percent differential was based on. Diane Reese, Finance. Director, advised that it was based on the salaries and operating cost to the system. It did not lake into consideration any future capital expenses. Commissioner Tillman pointed out that the envelope system will allow the City to be a purveyor of other information for someone else. making that department an enterpnse department. Mayor Taylor pointed out that the bidders based their bids on our current operation and situation and what they would have to do to make it better. This might change. Also. now that it is public record, everyone knows what each other bid. He wondered if we should drop the whole thing and reopen the bids based on what is happening in six months. Commissioner Bradley suggested tabling this decision for s~x months. He pointed out that the cost of salaries would only go up by CPI .whereas the City is faced with percentage salary increases every year. Commissioner Tillman was also in favor 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 of tabling this for six months and making a determination whether or not to reopen the bids at that time. Motion Commissioner Bradley moved to freeze the bids for six months and revisit this then. Commissioner Tillman seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE Cheryl Robinson from the Rolling Green Neighborhood Association complained about drugs being sold on 17th and Seacrest every day. Mr. Garcia. Vice President of the Rolling Green Homeowners' Association, also complained about drugs being sold on 17t~ and Seacrest. He also complained about being cursed and yelled at in this area. Mayor Taylor said the City will see if the Police Department is focusing on this area. He advised that the Police Department has put a tremendous amount of effort into the drug problem in this City. We are working on it. but there is no easy solution_ Robert Condinar. a swimming pool contractor for Broward and Palm Beach County, addressed Article III. Section 1F of the Swimming Pool Code that requires steel sheathing to be installed between a house and a swimming pool within five to eight feet of the deep end. five feet on the shallow end of the pool. This has become a burden to homeowners and cost them from $1.000 to $4.000 depending on the size of the pool and how deep they are going with it. No other municipality i~ Palm Beach County or Broward County requires steel sheathing. Most of it is done with wood sheathing, as recommended by the engineers. He requested the Commission to look into this and see if they can save the taxpayers some money on having to do this extra work. Mayor Taylor advised [hat the City will look into this. Jean Davis lives in the Estates of Silver Lakes (corner of South Congress and Golf Road). She advised that the County owns the pocket of land behind her properly. Soil is being processed and sold o~ this pocket of land and a diesel pump is being run hours a day. County Code Enfomement has cited the people continuously for violations, but the problem still exists, 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Maurice Rosenstock. I Villa Lane, advised that there are 13 code violations on that property and a fine is accumulating. Eventually, the owner is going to have to pay the fine or have his property foreclosed on. Mayor Taylor was advised that he has communicated with the County about this and the diesel pump was shielded. He will have the County check into this again. Reginald Stambaugh, attorney for RHS Corporation said it was his understanding that after this City Oommission meeting there would be an attorney/client negotiations. However. he did not see it on the agenda. He informec~ the Commission that a mandate was executed by the Circuit Court revoking the site plan approval for Clear Copy. No one should be occupying the premises. It is a nonconforming building. He would like to negotiate and settle this matter. Attorney Goren was not aware of what dghts the City or others may have and advised that the City Attorney will advise the Commission at the next meeting. Mark Roberts said subsequent Lo the mandate and at the request of the City, he attended a meeting with City Attorney James Cherof. At that meeting, City Attorney Cherof asked him to present some conditions that he would be willing to settle with the City ~n order that the City Commission would not require Clear Copy to close their building. Also, City Attorney Cherof promised to hold an executive meeting tonight to hear his conditions, and was aware that Mr. Roberts' offer would end tomorrow. Mr. Roberts stated that if necessary, he will file additional lawsuits. He said he has incurred substantia damages by this property being there. It was Attorney Goren's understanding that the session referred to by Messrs. Stambaugh and Roberts is set for June 3, 1997. Mayor Taylor advised that the City Commission has been informed of this. Victor Norfus a~,dressed the ~ssue of revitalization of Boynton Beach. specifically the Cherry Hill and Martin Luther King Boulevard areas. He read a letter which was addressed to Commissioner Tillman. This letter is attached to the original minutes on file in the City Clerk's Office. Mayor Taylor advised him that there is an item on the agenda this evening with regard to hiring a consultant to handle redevelopment of the entire City. This consultant ~s going to be seeking community input. He suggested Mr. Norfus interact with the consultant to make sure he has his input. 15 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mr, Norfus felt the Wilson Center should be revitalized as a true community development center. Mayor Taylor suggested he obtain a copy of the Meeting Summary regarding the Wilson Center Programs from the City Manager's Office. Donald McGeehan, Manager of Quik Ardval Towing, defended Quik Arrival Towing and asked why Quik Arrival Towing was turned down. Mayor Taylor advised him that his performance and record speaks for itself and that is whatthe Commission based its decision on. No one else wishing to speak, Mayor Taylor declared the Public Audience portion of the agenda closed. Mayor Taylor declared a recess at 8:34 p.m. The meeting resumed at 8:47 p.m. Vice Mayor Titcomb had not returned yet. VII. PUBLIC HEARING Project: Agent: Owner: Location: Description: Pollo Tropical at Shoppes of Boy nton POSTPONED TO MAY 20, 1997 David S. Dobner. Esq. Draper and Kramer of Florida Inc, Northeast corner of Congress Avenue and Quantum Boulevard Abandonment of a portion of a 15 foot wide utility easement Mayor Taylor advised that staff recommended that this item be deleted from the agenda. Tambri Heyden. Planning and Zoning Director. advised that this item will come back to the Commission at a later date. Motion Commissioner Bradley moved to delete this item from the agenda. Commissioner Tillman seconded the motion, which carried 4-0. Vice Mayor Titcomb was not present, At this time. Vice Mayor Titcomb returned, 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Project: Agent: Owner: Location: Description: Bowers Park Subdivision, Blocks 10, 11 and 12 City of Boynton Beach City of Boynton Beach Alley betwee ~ S.E. 5TM Avenue and S.E. 6TM Avenue on both sides of Seacrest Boulevard, west of the FEC Railway Abandonment of a 15 foot wide unimproved alley All those who planned to testify with regard to Items VlI.B. VlI.C. IX.A, IX.B. IX.C. IX.D. and IX.E were sworn in by Attorney Goren. Mayor Taylor advised that the Planning and Development Board unanimously recommended approval of this abandonment. Joseph De Cosmo. owner of Lots 11 and 12 of Block 12, asked who is going to own this alley after the City abandons it. Ms. Heyden advised that the alley will be split in half. Seven and a half feet will go to the property owner that abuts it to the north, and seven and a half feet will go to the property owner that abuts it to the south. Mr. De Cosmo did not want this property and felt he would just be gaining a tax liability. The Commission explained to him the benefits of accepting this alley. The property owners' setbacks would be moved back, and they would be able to add onto their property. Ms. Heyden advised that Mr. De Cosmo could sell his portion of the alley to his neighbor as soon as he acquired title to it. Commissioner Bradley felt alleys need to be studied City-wide because they may prove to be a tremendous benefit at some point in time. The following people were ~n favor of accepting this alley from the City: Kenny Dyar Bob Musella Tammy Eisenberger Steve Emslie Mr. Musella had several questions. Ms. Heyden advised him that the Engineering Department did not need to survey the property. It was taken right off the plat. Commissioner Jaskiewicz advised him that many of the people in this area are having a problem with their water and the lines have to be replaced. When they are replaced 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 next year, they will go in front of the properties. That will be done regardless of whether or not this alley is abandoned. Motion Commissioner Jaskiewicz moved to approve the abandonment of a 15 foot wide unimproved alley in the Bowers Park Subdivision, Blocks 10~ 11. and 12. Vice Mayor Titcomb seconded the motion, which carried 5-0. Project: Agent: Owner: Location: Description: Quantum Park PID James G. Wi/lard and Bowen LLP Quantum Associates West side of the intersection of Interstate 95 and Gateway Boulevard Master P/an Modification - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change in traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through 11: and change in the master plan designation of lots 6. 7, 8, 9, 10. 11.22. 23 24. 25, 26 27.28, 29, 30 31_ 1, 2, 15. 16 and40Afrom office to office/industrial use: of lots 1 66. 67A and 67C from office/h otel use to office/industrial/commercial use: of lots 12, 13. and 14 from office/research and development to office use; lots 32, 33. 34A. 34B 35. 36, 37 and 38 from office/industrial to industrial use: of lots 17, 18. 19.21. 39. 52 81. 82. 83, 84 and 85 from office to office/industrial/commercial use: of lot 40 from office/governmenT and institutional to government and institutional use; change in the master plan designation of lots 58, 59. 60 61 and 62 from industrial/research and development to office/industrial use: change in the master plan designation of lots 86, 87 88, 89A, 89B and 90B from research and development to office/industrial use: change in the master plan designation of lots 65A. 18 MIN UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 65B. 67B and 91 from office/hotel/commercial to office/industrial/commercial use: change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use: change in the master plan designation of lot 90A from research and development to government and institutional use: change in the master plan designation of lots 68A and 68B from research and development to office/industrial/commercial use; change Jn the master plan designation of lots 56, 57. 69. 70, 72, 73A, 73B, 74 and 75 from industrial to office/induStrial/commercial,use: change in the master plan designation of lots 46A, 48A, 48B, 48C, 50A. 50B, 51B and 51D from industrial to office/industrial use; change in ~[he master plan designation of lots 76. 77, 78 and 79 from industrial/commercial to commercial use; and change in the master plan designation of lot 80 from office to commercial use. Mr. Willard, attorney for Quantum Associates, the applicant of this master plan modification request, stated that this matter went before the Planning and Development Board last Tuesday. As a result of continued concerns by City staff and some of the Commissioners regarding the precedent that would be set if additional lots were designated for commercia use within Quantum, beyond the lots that were approved as commercial when the CarMax project was approved last fall. he withdrew his request to expand the commercial designation other than for the three lots that were previously approved for hotel use. One of the efforts of this proposed amendment was to simplify the number of designations on the land use plan and combine all of them into office/industrial/commercial. The reference to "C" for commercJal would include hotel and restaurant use. The only additional lots he is seeking this: evening per the amended request are the three which would have the commercial designation and were previously identified as office and hotel use. As discussed last fall, he hoped the Commission would consider the expansion of commercial usage elsewl~ere in Quantum Park upon identifying the specific user. the type of use, what the building would look like. and how the site plan would be laid out. 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mr. Willard distributed the proposed reviewed conditions that he was seeking from the Commission this evening, a copy of which is attached to the original minutes on file in the City Clerk's Office. He advised that one other item that was involved with this application was the potential for consideration of the abandonment of a portion of Quantum Boulevard between the E-4 Canal and the City park in the northwest area Of Quantum Park. The application sought approval of that potential abandonment as a non Regional issue which could receive DRI approval tonight, but which would still have to come back to the City Commission in the future time in the event a particular user was identified We would have to have a road abandonment application and probably replat the properly. Mr. Willard stated that there has not been success with marketing the office slots. They are very narrow and there is no demand for office usage. If we had another user like BGI that wanted a consolidation of a 20 acre area and this road was abandoned, we would have the opportunity to reconfigure about 23 or 24 acres in th s area for a s ngle user. Quantum I~oulevard wou d then have access to that property and that user would have access in both directions. Any existing utilities would bE relocated Mr Willard would like the Commi~ssior~ to be ope~-minde~ to this potential in the future. If that occurs he would requeSt another Change:to the DRI and at the Same time identify the user. Commissioner Bradley referred to staff's comments regarding the City park and some of [he access problems. Mr. Willard thinks there was a mistake at one point about where we were considering potential abandonment of that road. It will only be in the area between the lots currently owned by Quantum. Access would still exist to the City park from Quantum Boulevard. With regard to the abandonment of the alley, he understands where the ['ight-of-way goes. There are some existing util.ities in that road right now. Yhey would have to be relocated. If we have an opportunity to replan this area, especially fora particular user we can site plan around lhat. He would consider reconfiguring or dealing with Lot 31 which juts out into the City park and currently provides a substantial obstacle in site planning the ball fields. Vice Mayor Titcomb asked if it is conceivable as an alternative to outright abandonment, that that road be rerouted along one of the perimeters, either the western or eastern edge of all those lots combined. Mr. Willard did not think so. He said the roadway is 60 or 75 feet in width The reason for the abandonment would be to gain as much width as possible betwee~ the canal and the lake 'n order to create a larger area to site plan. To continue to have the road along the canal or along the inside would defeat the purpose of the reconfiguration and make it a different planning prospect. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Vice Mayor Titcomb pointed out that a user would not necessarily have parking or pavement that would go around the eastern and western sides of their building if they combined all those lots. Mr. Willard said not necessarily, but even if they did. it would more likely be a parking lot or storage area and not suitable for through traffic for public purposes. Mr. Willard referred to the handout that he distributed and stated that paragraph numbers 32 through 36 are intended to be m order of the conditions of approval on Exhibit F to the Planning and Development Board recommendations. These are the additional City Commission comments. Paragraph 32 has the effect of deleting the requested commercial designation on all the lots other than the three that he mentioned earlier, plus Lot 1. which is the lot that Boynton Hospitality wants to put a Hampton Hotel and res[auram on Paragraph 33 would delete condition 20 of Exhibit F which was a condition relating to transportation. That would not apply if Lots 83.84 and 85 were not commercial. There would not be a redistribution of any commercial [raffic and the need to monitor that intersection beyond the monitoring that is already in the development order agreed to last fall. With regard to paragraph number 34, he stated that note number 5 relates to the future abandonment of Quantum Boulevard. We do not have to address that this evemng since we are withdrawing it. When we have a ~articular user, we could bring that back to the Commission's attention. Paragraph 35 refers to note 2 on the master plan. This note provides certain limitations on different land use intensity for the property (industrial/commercial/office) and under commercial it says. "'commercial including hotel and club". The reference to "club" has been deleted. This was a carryover from the 1984 master plan. Paragraph 36 suggests that if the Commission sees fit to approve what is now being requested as amended, he will come Pack and revise the master site plan to be consistent with these designations and then a rewsed ordinance can be prepared incorporating the May 20~h plan as approved by the Commission. Tambd Heyden Director of Planning and Zoning, said Mr. Willard has deleted the request to "pre-abandon" that section of Gateway Boulevard and also added the option of industrial along the lots that abut Dos Lagos. She pointed out that the handout does not includes comments 9 through 13 which deal with traffic. She said Mr. Willard 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH~ FLORIDA MAY 20, 1997 indicated that since he is deleting many of the commercial lots that he originally proposed, those traffic comments are not necessary. She has not had an opportunity to discuss this with Palm Beach County Traffic Engineering or Treasure Coast to find out if that is in fact the case. Because there are lots along Gateway Boulevard that are adding an option to them. either industrial or office, and knowing that the intersection at Gateway and High Ridge was the problem intersection and that the issue was not total trips per day, but peak hour. she believes there is a potential that there may still be a traffic concern with the additional designation. With respect to Lots 66, 67A and 67C. the five lots along Gateway Boulevard on the south side that are between Park Ridge and Quantum Lakes Drive are already designated for commercial. Ms. Heyden said Mr. Willard is proposing that the three lots immediately south of there that are clustered around the cul-de-sac that stems off of Park Ridge Boulevard be retained as commercial. She would not recommend this because there is an opportunity for the City to market this piece of property for consolidation to an industrial user. There is only one opportunity left in the park to consolidate land. namely, the lots that back up to Dos Lagos. Since it is adjacent to residential, she believes those I~nd uses are ~ncompatible. If we allow commercial on them now, because of the pr me ocation at that intersect on, it will go as commercial very quickly. She'.had no problem with conditions 33, 34, 35 and 36 as proposed. Mr. Willard stated that it is true that this is a potential area of a combination of lots: however, five of these lots are alleady designated commerc al. He would like the three lots that were previously approv(~d for a hoie to have a commercial des gnat on nstead of a hotel designation. By labeling them OIC they are approved for offce, ndustra, or commercial us~. If the appropri~;~e offce, ndustrial, or RNB or whatever type of user came along and wanted to ac~luire all of them, We would sell aH of thegn to him. Designating them commercial dc es not preclude the potential combination for an office or industrial use. Virtually all Io ;al codes identify hotel as more of a commercial use ~:han as an office or industrial us6 With respect to the traffic concer with the elimination of the requested commercial on Gateway, the lots on Gateway that were previously identified as office now could be developed as office and industrial. Virtually every transportation planner agrees that industrial uses are less traffic intensive. Our transportation engineer has submitted an analysis to the Regional Planning Council confirming that even with all the commercial. there is no ~ncrease in the potential trips generated by the project. With the elimination of commercial, there certainly will not be an ~ncrease. In addition, we already have monitoring provisions 'n place for identifying the improvements at the intersection of 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Park Ridge and Gateway. He would not suggest imposing any new traffic requirements when clearly the purpose of the change is s~mply to combine and make a little more flexible the existing approved land uses within Quantum. Mayor Taylor opened the Public Hearing; however, no one wished to speak on this item. Ms. Heyden said it is true that those uses are less intensive than commercia ~: however. [he issue ~s the "peak hour". She referred to comments 9 through 13 and stated that not all of them deal with commercial. She would have to inform the Region that the applicant has amended his request and have them advise us as to how that affects the traffic study. This can be done by the next Commission meeting. Mr. Willard said there ~s ample information available in the record. He did not believe any more input is needed from the Region. There are no objections from the DCA or the County. Several of the issues raised have nothing to do with this application. With regard to the traffic calculations in general for Quantum Park. Vice Mayor Titcomb asked if there are caps or totals for the entire project at buildout. Ms. Heyden stated that the master plan indicates a cap of square footage for each of the uses. Comment 10 deals with the discrepancy between staff and the applicant as to what the maximum square footage is for office. There is a discrepancy of 200,000 square feet. Mr. Willard addressed the four items in the letter dated April 16. 1997 from James Snyder of the Treasure Coast Regional Plann ng Council to Ms. Heyden. This letter was responded to by Kimley-Horn and Associates, Inc. on May 2. 1997. He referred to the pre-application meeting and another meeting between Mr. Godfrey and the Region's Planning Transportation Consultant on the methodology of the analysis that was done for this application which was submitted and conclusively showed that there would not be an increase in overall trip generation within the park as long as we stayed below the thresholds for the different land use categories that had already been approved. So the fact that we were providing more flexibility by showing office or industrial on some lots did not increase traffic because we had thresholds that we could not exceed for [otal square footage in each of those categories. The only concern of the Regional Planning Council at the pre-application meeting and during the discussion of the traffic methodology was that since we want to expand commercial in all these different areas, especially on Gateway, and even though we are capped with the number of acres and the number of square feet of commercial, the tdp generation could come from different directions. Therefore, if we had a lot of commercial on Gateway, 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 trips generated from there would be traveling eastbound on Gateway instead of up and down High Ridge. Those elements were considered and our traffic consultant concluded, and the Region's consultant agreed, that the proposed improvements that were agreed to by the Commission last fall at the corner of Gateway and Park Ridge would be adequate to address those impacts. They would be monitored as building permits were pulled for any of the lots up and down Park Ridge and High Ridge. Notwithstanding that acceptable traffic study. Mr. Snyder generated a letter stating that the traffic study done last fall for the CarMax project assumed a total of 1,000,430 square feet of office versus the master plan which approved 1,687,000 square feet- While it is true that the study that was done last fall may have understated office a couple of hundred thousand square feet. it overstated industrial by a million square feet. The difference more than balanced out in a reduction in tnps rather than an overstatement of trips. There are two things on this plan in addition to the caps on square footage and acres. There is a trip generation. Total vested trips for the project shall remain 63.752 average daily trips. That has been approved on numerous occasions and stays on the plan. That number will not change. At that time. we were looking at a number of different development scenarios and trying to maximize the trip generation, and did not exceed the vested amount of average daily trips under any of those scenarios. Mr. Willard also pointed out that in his experience, it is virtually nconceivable that Quantum Park will ever develop out at anything close to the maximum thresholds that are already vested on the master site development plan. nor will it generate the kind of trip generation that it is vested for because we are experiencing absorption of more acres at industrial type thresholds. When you take into account the high school property a nd the CarMax use there is a lot of acreage being eaten up by uses that are either below what was originally forecast or approved. He did not think we are going to see anywhere near the thresholds being add ressed on the project. Ms. Heyden could not comment on this until she receives advice from someone who has a traffic background. Commissioner Jaskiewicz asked if Mr. Willard has exceeded any pans for other than 47 acres for commercial. Mr. Willard advised that he has not. Mr. Willard addressed the second item which is that the Region Planning Council wanted a cap of 400 hotel rooms in the project. The original application for development in 1984 contemplated in its traffic study two 200 room hotels. However at 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 the pub ic hearing last fall, there was discussion about the different caps on the density within the project, and we included a conversion factor on commercial square footage, which is on the face of the existing approved plan. When the Hampton Inn is built, we will multiply the number of hotel rooms by 268 and deduct it from the permitable development of commercial space within Quantum Park. He did not see the need to arbitrarily limit_the hotels to 400 and he did not thJ nk this was a Regional issue. He advised that there is a conversion feature that would address the deduction of commercial trips and square footage if more hotels were built. Ms. Heyden agreed with Mr. Willard that this condition exists. She stated that there is some protection so long as we know how to convert apples to oranges. She said it is up to the Commission whether or not they want to limit the number of hotel rooms m Quantum Park given the impact on other hotels in the City. From a traffic stanctpoint. she felt the City is protected. Mr. Willard addressed the next issue, which was that the existing master plan identifies vested trips in terms of average daily trips (63,752). The Region wanted it generated in [erms of peak hour and in his letter. Mr. Godfrey's stated that the daily trip generation was requested by the City due to the fact that Palm Beach County Traffic Standards monitor traffic on average daily trips, not peak hour. Average daily trips for different types of land uses is easily convertible under the ratios and conversion features of the International Transportation Engineers. That number can easily be obtained if necessary; however, he did not request anything in this amendment that would change what was previously approved on the plan last fall. If he needs to do any more traffic studies to look at peak hour trips, he can do that: however, he does not need to change the DRI. Mr. Willard addressed the last issue which was that Mr. Snyder wanted annual monitoring of the intersection of Park Ridge and Gateway, n light of the additional commercial uses that were being requested along Gateway. Last fall, we agreed to provide a triggering mechanism for the monitoring of Park Ridge and Gateway. Every time a building permit is pulled, a traffic report would have to be submitted identifying trip generation and peak hour trips at that intersection. When we hit certain thresholds, we would have to make improvements to the intersection. This was adequate then and Mr. VVillard felt it is adequate now. especially in light of the fact that he ts withdrawing the request for commercial usage there. Ms. Heyden stated that the issue is not "average daily trips". The project is vested for a certain number of average daily trips. It has been vested since 1985. However. we 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 have had five NOPCs in three years that have changed the location of all of the uses. Therefore. now we need to be concerned about peak hour trips and the impact on the intersection of Gateway and High Ridge. Last summer when we added the additional commercial, we placed a condition in the DRI Development Order that dealt with peak hour/peak;season. When every permit comes ~n, they have to submit a study. The problem is that it has not been a true study. We have been getting a letter indicating the number of peak hour trips and the total number of trips associated with that use. However. we cannot tell cumulatively what the affect is. This is why the Region wants a check point once a year of the traffic situation given what has been approved. Mr. Willard stated that nothing in this particular application addresses the need for that. Every time we submit a Notification of Proposed Change for a limited purpose, in this case to address the land use designation on the lots in Quantum, it turns into open season for the Regional Planning Council and Ms. Heyden to propose conditions that ao not have anything to do with the application but address something that they now feel needs to be addressed. A complete traffic study was submitted last fall. The triggering mechanism is the tdp generation. The wording of paragraph 13 ~s inappropriate. It states that annual monitoring of Gateway and Park Rictge shall be performed at the end of every year to determine when and what improvements are needed to maintain the intersection at the adopted level of service. Mr. Willard said this is a vested DRI. It has trip generation rights from 1984 that predate the adoption of concurrency. We do not have to concern ourselves with concurrency with respect to Gateway other than last year when we voluntarily accepted the obligation to make ~mprovements to Park Ridge and Gateway because the CarMax project was going in and that was ~going to change the character of the trips being generated on that roadway. Ms. Heyden stated that the project is vested for average daily trips. A project is vested so long as you do not make a modification. When you make a modification, you are subjecting yourself to new regulations. We had a methodology that was in place in 1985 and a methodology that is in place in 1997, and they are not the same. So there is a difference between two traffic engineers not agreeing with the methodology because they have to make it up as they go along. Mr. Willard pointed out that the Department of Community Affairs is the only state agency that has al~pellate rights to the Commission's action this evening. The DCA has issued a letter stating that none of the issues raised in the original application, which included all the commercial, is of regional concern to them and they do not intend to appeal. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mayor Taylor asked if we could require a traffic study when the next project comes in. Ms. Heyden answered affirmatively and recommended that the City hire a traffic consultant to review that study at the expense of the applicant. With regard to Lots 66, 67A and 67C. Mayor Taylor did not wan'[ to approve any more commercial until he knows what it is. He pointed out that this is an ~ndustrial park. Mr. Willard had no objection to submitting a traffic study when the next project comes in if it is a project that is inconsistent with the land uses approved. Motion Commissioner Bradley moved to approve the request to amend the previously approved PID master plan 'n connection with an amendment to the DRI, subject to staff comments, including the Planning and Development Board comments, including Comment 17. deleting commercial and retaining hotel, office and industrial use on Lots 66, 67A and 67C. commercial designation on Lot 1 to allow for a restaurant, and accepting Items 32.34.35 and 36. Mayor Taylor asked if Item 32 included all of the commercial lots. Mr. Willard said no it has been amended to delete 66, 67A and 67C which will stay office/industrial/hotel. Ms. Heyden asked for a clarification about the traffic study. Commissioner Bradley included in his motion that the applicant pay for a traffic study when a project comes ~n on a parcel that in any way is different from the uses approved tonight. Ms. Heyden pointed out that a traffic study is going to be automatically required with any future DRI amendment. It does not address any potential concerns with this application once these lots are developed as proposed. There are other lot options as part of this application besides commercial. Mr. Willard stated that virtually everything had previously been approved for office. Most of the changes pertained to adding industrial as potential additional uses. such as the BGI lots which had been designated office and were changed to industrial, which created a far lower trip generation. Commissioner Jaskiewicz seconded the motion. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Attorney Goren stated that this is a master motion with several subparts and the approval of the main motion would approve each of the subparts as provided by Commissioner Bradley. The motion carried 5-0. VIII. BIDS None, IX. DEVELOPMENT PLANS Project: Agent: Owner: Location: Description: Tara Oaks Susan Prillaman. Pulte Home Corporation Tara Oaks Development Corporation, Bill Winchester, President Northeast corner of Woolbright Road and Knuth Road extended Time Extension - Request for a one year site plan time extension to expire February 18. 1998. Mayor Taylor advised that staff recommended approval of this time extension and by a 4 to 3 vote. the Planning and Development Board also recommended approval, Kieran Kilday represented the contract purchaser. He had no problems with the comments in Exhibit D. Ms. Heyden recommended that the City Commission delete comments 5 and 6 and approve comment 11. which best protects the City to ensure that the back fees and this year's fees are paid. Mr. Kilday had no problem with this. He intended to pay both fees. Motion Commissioner Jaskiewicz moved to approve a one year site plan time extension to expire February 18. 1998 taking into consideration all staff comments, substituting comment 11 as stated by Ms, Heyden to replace comments 5 and 6. Vice Mayor Titcomb seconded the motion, which carried 5-0. 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Project: Agent: Owner: Location: Description: Cooker Bar & Grille Restaurant David A. Donaldson Cooker Restaurant Corporation 1333 North Congress Avenue (west side of Congress Avenue, south of the B(~ynton C-16 Canal) Site Plans - Request for site plan approval to construct a 7,888 square foot restaurant and associated parking on 1.68 acres of land Mr. Donaldson had no problems with the comments. Ms. Heyden stated that staff is in agreement with the Planning and Development Board's recommendations. Motion Commissioner Tillman moved to approve development plan B, Cooker Bar & Grille. 1333 North Congress Avenue (west side of Congress Avenue. south of the Boynton C-16 Canal) to construct a 7.888 square foot restaurant and associated parking on 1.68 acres of land. subject to staff comments and the Planning and Development Board comments. Vice Mayor Titcomb seconded the motion which carried 5-0. Project: Agent: Owner: Location: Description: Lakeside Church Donald E. Bryan, Bryan & Associates Lakeside Christian Church South side of Old Boynton Road. approximately 258 feet west of the intersection of Knuth Road and Old Boynton Road Site Plans - Request for site plan approval to construct an 8,939 square foot church for 284 seats (main sanctuary) on 1.25 acres of land. Mr. Bryan was ~n agreement with all the conditions on Exhibit C. Ms. Heyden advised that staff is in agreement with the Planning and Development Board's recommendations. The Planning and Development Board recommended that we no longer accept site plan applications that do not have sign submittals with them. No one ~n the audience wished to address this item. 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Motion Vice Mayor Titcomb moved to approve Item IX.C. request for site plan approval to construct an 8,939 square foot church for 284 seats (main sanctuary) on 1.25 acres of land. subject to staff comments and the Planning and Development Board comments. Commissioner Bradley seconded the motion, which carried 5-0. Project: Agent: Owner: Location: Description: Sun-Sentinel Distribution Facility at Quantum Park PID Malcolm Butters. Butters Construction and Development. Inc. Quantum Associates Southeast corner of Park Ridge Boulevard and Alpha Drive Site Plans - Request for site plan approval to construct a 22,791 square foot distribution facility on 1.52 acres of land (lot 46A in Quantum Corporate Park PID). Mr. Butters was in agreement with staff's comments, as well as the Planning and Development Board comments. No one in the audience wished to address this item Motion Vice Mayor Titcomb moved to approve the request for site plan approval to construct a 22.791 square foot distribution facility on 1.52 acres of land (lot 46A in Quantum Corporate Park PID), the Sun-Sentinel distribution facility, subject to staff comments and the Planning and Development Board comments. Commissioner Jaskiewicz seconded the motion. Commissioner Bradley asked how many jObs this distribution center will provide. Mr. Butters did not knOw, but promised to get that information to Commissioner Bradley. The motion carried 5-0. E. Project: Agent: AutomOtive Service Uses in PCDs Anna C0ttrell 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, '1997 Description: Code Review/LDR Text Amendment - Request to amend the zoning code to allow automotive services uses in Planned Commercial Development (PCD) three acres in size or larger. Ms. Cottrell stated that automotive services are allowed uses in the commercial district subject to a five acre minimum requirement. She proposed an automotive service use on a site that is a little over three acres as a planned commercial development. The minimum acreage for planned commercial developments is three. She requested that the Code be amended to allow automotive service uses on sites three acres or larger if they are within planned commercial developments and meet the requirements of the PCD. Ms. Heyden supported this recommendation because there is enough buiit-i~ protection in the PCD regulations to address any concerns with regard to landscaping, beautification, and architecture. The Community Design Plan will have to be complied with. The Community Design Plan does not allow overhead doors facing the street. The applicant will have to deal with this at the site plan level. No one in the audience wish sd to address this item. Commissioner Jaskiewicz did not agree with this use on this parcel and did not think this would enhance the area. She pointed out that this is next [o a very race office building. Also, she thinks the space does not permit anything of this size to have [he necessary buffering that it would take for automotive uses. Something like this was proposed on Congress Avenue several years ago, and the residents vehemently opposed it. She asked if Ms. Cottrell had a site plan. Ms. Cottrell advised that she submitted an application. When she initially met with staff. it was concluded that the use would be permitted with a conditional use and a variance for the five acre requirement. Subsequently, after reviewing the application, staff made an interpretation that the language in the Code made the acreage requirement indistinguishable from the use. It was decided that the application could be converted from a rezoning to planned commercial development. The application has been amended for a PCD. All the requirements for the PCD are met, except for the five acre requirement. If this request is approved, the City would gain control of the PCD that it does not otherwise have in a standard zoning district. Such controls include uniformity of design, architecture, signage, and larger buffer areas. This particular application ~s to bring consistency in the Code with the PCD and the use allowance, and creates 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 eligibility for this project to come [o the Commission again for rewew on its particular merits. Commissioner Jaskiewicz questioned the intensity of the use and felt this area ~s very hazardous already, Ms, Cottrell pointed out that the buffer requirements have the effect of reducing intensity. Commissioner Tillman expressed concern with consistency in this area and an increase in traffic. He was not in favor of this request at this time. Mayor Taylor reiterated that the City would have more control of the buffering n a PCD The buffer would be required to be 200 feet from any residential. He stated that Bill Lynch lives in Leisureville and informed him that the residents of Leisureville do not have any problems with this use. In fact, they felt it was a convenience for them. Ms, Cottrell stated that this is a type of use [hat is very different from the old style heavy automotive repair. This is a convenience customer service retail type business and offers a very Iow intensity of use. It depends on h gh traffic areas in order to capture the traffic that is already on the road. This type of automotive use is generally Iow [raffic generators. They locate in areas where there is already high volumes of traffic where people are looking for conven ~ence and service type establishments. No one in the audience wished to address this item Motion Commissioner Bradley moved to approve Ms. Cottrelrs request to amend the zoning code to allow automotive services uses ~n Planned Commercial Development (PCD) three acres in size or larger. Vice Mayor Titcomb seconded the motion, which carried 3-2. Commissioners Jaskiewicz and Tillman cast the dissenting votes. X. NEW BUSINESS A. Items for discussion requested by Commissioner Shirley Jaskiewicz 1. Clarification on restructuring of-City Boards This item was discussed earlier in the meeting. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 2. Charter Revisions Mayor Taylor reminded the Commission that the Chamber of Commerce suggested the formation of a Charter Revision Committee. He asked the Commissioners to let City Manager Willis know if they have any suggestions on how to approach this. He advised that he asked City Manager Willis to check around to see how this has been done in other cities and come back with suggestions on how to approach this Commissioner Bradley suggested hiring a consultant to eva] uate the charter and make recommendations. He also suggested doing this quickly so that it can be placed on the ballot. Vice Mayor Titcomb suggested considering engaging the services of the Florida Institute of Government. FAU. or others who do this at a much lower cost than private companies. Mayor Taylor said the Florida League of Cities m~ght have some suggestions. It was the consensus of the Commission to move forward with this item. XI. LEGAL A. Ordinances - 2"d Reading - Public Hearing Proposed Ordinance N o. O97-12 Re: Abolishing the Board of Zoning Appeals Attorney Goren read Proposed Ordinance No. O97-12 by title only. James Miriana, a member of the Board of Zoning Appeals, spoke against the aboliShment of this board. Patti Hammer, Chairperson of the Board of Zoning Appeals, spoke on behalf of the members of her board and thanked the Commission for appointing them to the Board of Zoning Appeals~ She hoped the Commission would consider appointing some of the members of the Board of Zoning Appeals to the Planning and Development Board. Mark Roberts asked if the functions of the Board of Zoning Appeals will be given to a different committee. MaYor Taylor adviSed him that the Planning and DevelOpment 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Board will assume the responsibilities of the Board of Zoning Appeals. Mr. Roberts asked if any pending cases in front of the Board of Zoning Appeals would go to the new board. Mayor Taylor answered affirmatively. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-12. Commissioner Tillman seconded the mobon. A roll call vote was polled by the Acting Deputy Clerk. The motion carried 5-0. Proposed Ordinance No. O97-13 Re: Abolishing the Community Redevelopment Advisory Board-Central Business District (CRAB-CBD) Attorney Goren read Proposed Ordinance No. O97-13 by title only. No one in the audience wished to address this item Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-13. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the Acting Deputy Clerk. The motion carried 5-0. Proposed Ordinance No. O97-14 Re: Abolishing the Visions 20/20 Implementation Task Force Attorney Goren read Proposed Ordinance No. O97-14 by title only. No one in the audience wished to address this item. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-14. Commissioner Tillman seconded the motion. Vice Mayor Titcomb asked if there are any plans for monitoring this process. Mayor Taylor advised that we should address this issue on another agenda. 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 A roll call vote was polled by the Acting Deputy Clerk. The motion carried 5-0. Proposed Ordinance No. O97-15 Re: Providing additional authority, functions, powers, and duties to the Planning and Development Board Attorney Goren read Proposed Ordinance No O97-15 by title only. Lee Wische. a member of the Planning and Development Board, inquired about the absentee policy in light of the fact that this board will be meeting twice a month instead of once a month. It was the consensus of the Commission that the members of this board be allowed five absences. Attorney Goren referred to Section 4.2 of the ordinance and recommended that the language referring to "resolution" be changed to "ordinance" so that there would be a change only provided for by public hearing and by appropriate input and advertising. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-15 substituting the word "resolution" with "ordinance" in Section 4.2 Commissioner Tillman seconded the motion. Commissioner Bradley said he s going to vote against this. He felt the positions held by this board should be vacated and members should be appointed from a pool of applicants consisting of the members of this board and the members of the boards that are being abolished. Mayor Taylor felt this would be accomplished without these positions being vacated because openings will be coming up. Commissioner Jaskiewicz ~nquired about increasing the number of members on this board Mayor Taylor felt anything over nine is unwieldy. A roll call vote was polled by the Acting Deputy Clerk. The motion carried 4-1. Commissioner Bradley cast the dissenting vote. 35 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 B. Ordinances - Ist Reading Proposed Ordinance No. O97-15 Re: Abolishing the Senior Advisory Board and reserving sections 2-141 through 2-147 of the Code of Ordinances Attorney Goren read Proposed Ordinance No. O97-16 by title only. Commissioner Jaskiewicz asked the Commission to table the ordinances on first reading to assign new titles and duties before voting on them. She suggested dissolving all four boards and reorganizing them and their duties. Commissioner Tillman felt we can add language strengthening the Community Relations Board and the Education Advisory Board prior to second reading. Vice Mayor Titcomb suggested that since these boards deal with community ~ssues. they be larger in s~ze and consist of more alternates so that subcommittees can be formed. He felt these changes can be made prior to second reading. Mayor Taylor agreed that changes can be made prior to second reading. He felt a person sitting on the Community Relations Board could address prob ems of seniors. Commissioner Bradley would like the names of the boards to include "senior" and "children and youth". Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-16. Commissioner Tillman seconded the motion which carried 4-1 Commissioner Jaskiewicz cast the dissenting vote. (A voice vote was taken instead of a roll call ) Proposed Ordinance No. O97-17 Re: Providing additional duties, powers, authority and functions of the Community Relations Board Attorney Goren read Proposed Ordinance No. O97-17 by title only. 36 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA MAY 20, 1997 Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-17, Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 4-1 Commissioner Jaskiew~cz cast the dissenting vote. Proposed Ordinance No. O97-18 Re: Abolishing the Children and Youth Advisory Board Attorney Goren read Proposed Ordinance No. O97-18 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-18. Commissioner Bradley seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 4-1. Commissioner Jaskiewicz cast the dissenting vote. Proposed Ordinance No. O97-19 Re: Providing additional duties, powers, authority and functions of the Education Advisory Board Attorney Goren read Proposed Ordinance No. O97-19 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-19. Commissioner Tillman seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 4-1. Commissioner Jaskiewicz cast the dissenting vote. Proposed Ordinance No. 097-20 Re: No substantial deviation to DRI for Quantum Park Attorney Goren read Proposed Ordinance No. 097-20 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-20. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 5-Q 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2O, 1997 C. Resolutions Proposed Resolution No. R97-84 Re: Approve final plat for Cedar Ridge Estates Attorney Goren read Proposed Resolution No. R97-84 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-84. Commissioner Tillman seconded the motion Dennis Koehler. Attorney for Cedar Ridge, referred to comment 7 on Exhibit C and hoped the Engineering Division was referring to development permit for the single- family town homes. He stated that one of the requirements that was accepted several years ago was that the community facilities were going to be constructed first. He had no objections to all the other conditions. Ms. Heyden could not address comment 7 because it was generated by the Engineering Division. With regard to the Planmng and Zoning comment on Exhibit C. Ms~ Heyden stated that if this comment is not amended as discussed, the application would have to be turned in prior to the plat being recorded. Mr. Koehler said he advised Ms. Heyden that he has no control over this requirement. The Lake Worth Christian School owns the property and has received City Commission approval of a rezoning. However, they were held up because of a problem involving drainage. That problem has been resolved over a year ago. However. the Lake Worth Christian School has not reinitiated the rezon~ng effort. He agreed to accept a condition that requires the Lake Worth Christian School to reinitiate the rezoning process prior to the issuance of the first residential building permit, which is expected to be in about 30 days He said Ms. Heyden advised him that the ordinance would have to be adopted prior to the issuance of the first residential CO. That would be in about 60 to 90 days after the building permit is issued. Ms. Heyden and Mr. Koehler agreed to this. With regard to comment 7. Mr. Koehler said he rs concerned that the permitting and initiation of construction of the community facilities might be delayed unless this comment is modified to read "issuance of first residential development permit". This would eliminate any problems and the community facilities would be able to be 38 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 permitted and constructed even if there is a delay in recording the drainage agreement referred to in this comment. Mayor Taylor suggested that this resolution be approved conditioned upon a satisfactory agreement being reached with regard to comment 7 City Attorney Goren said if the Commission would delegate the decision to the City Manager that the staff is otherwise satisfied, the Manager can sign off on that basis. Motion Commissioner Jaskiewicz moved approval of the final plat for Cedar Ridge Estates subject to the conditions of approval in Exhibit C. with 7 as clarified by the City Attorney. Commissioner Bradley seconded the motion, which carried 5-0. Proposed Resolution No. R97-85 Re: Abandonment of 15 foot wide unimproved alley in Bowers Park subdivision, Blocks 10, 11 and 12 Attorney Goren read Proposed Resolution No. R97-85 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-85. Commissioner Tillman seconded the motion, which carried 5-0. D. Other Approve payment of Court Judgment against the City in the amount of $75,386.81 to Plaintiff Alien C. Willis Wilfred Hawkins, Assistant to the City Manager, advised that Leslie Roberts was the counsel assigned to this case. He explained that Mr. Willis is an independent contractor. He was in a trench when part of the trench wall caved in on him and he was injured; This case was tried by a jury and the plaintiff was found 54 percent responsible and the City 46 percent responsible. The City is being asked to pay their percentage share, which amountS to; $75,386:81 and includes interest. 39 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mayor Taylor noticed from the backup material that if the City approves this payment, there is still an outstanding amount that may be filed by the plaintiff's attorney. Mr. Roberts explained that the plaintiff is entitled to tax cost and filed a motion. He did not agree with the amount and character of all the costs, Thus. it will be set for hearing and resolved by the Court. The hearing has not been set yet. Mayor Taylor asked how much it ~s going to cost the City to pursue this. Mr. Roberts advised that it will probably will not cost more than $1.000.00 to resolve this issue. Mayor Taylor asked who installed the side facings. Mr. Roberts advised that that work was done by the City. Motion Commissioner Bradley moved approval of this item. Commissioner Tillman seconded the motion, which carried 5-0, XlI. UNFINISHED BUSINESS None. Xlll. OTHER None. 4O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 XlV. ADJOURNMENT There being no further business to come before the City Commission. the meeting was adjourned at 11:25 p.m. CITY OF BOYNTON BEACH ATTEST: City~lerk Recording Secretary (Six Tapes) Mayor yor . OOmnlissioner Commissioner 41 ~Boynton Beach 100 E. Boynton Beach Bou~vard P.O. Box310 Bordnton Beach, Florida 33425-0310 oity Halb (561) 375-6000 FAX: (561) 375-6090 C E R Ti FI C A T~ I. Suzanne M. Kruse, City Clerk, City of Boynton Beach. Florida. do hereby certify that the attached two pages (page 38 and 39) taken from the Regular City Commission Meeting held on May 20, 1997 are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA. this 19th day of August, t997 \\ch\main\shrdarmccxwp\certil~ 1 .wpd e M. Kruse, CMC/AAE. City' Clerk America's Gateway to the Gulfstream MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 C. Resolutions Proposed Resolution No. R97-84 Re: Approve final plat for Cedar Ridge Estates Attorney Goren read Proposed Resolution No. R97-84 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-84. Commissioner Tillman seconded the motion. Dennis Koehler. Attorney for Cedar Ridge, referred to comment 7 on Exhibit C and hoped the Engineering Division was referring to development permit for the single- family town homes He stated that one of the requirements that was accepted several years ago was that the community facilities were going to be con structed first. He had no objections to all the other conditions. Ms. Heyden could not address comment 7 because it was generated by the Engineenng Division With regard to the Plann qg and Zoning comment on Exhibit C, Ms. Heyden stated that if this comment is not amended as discussed, the application would have to be turned in prior to the plat being recorded Mr. Koehler said he advised Ms. Heyden that he has no control over this requirement. The Lake Worth Christian School owns the property and has received City Commission approval of a rezoning. However, they were held up because of a problem involving drainage. That problem has been resolved over a year ago. However. the Lake Worth Christian School has not reinitiated the rezoning effort. He agreed to accept a condition that requires the Lake Worth Christian School to reinitiate the rezoning process pdor to the issuance of the first residentia building permit, which is expected to be in about 30 days. He said Ms. Heyden advised him that the ordinance would have to be adopted pdor to the issuance of the first residential CO. That would be in about 60 to 90 days after the building permit is issued. Ms. Heyden and Mr. Koehler agreed to this. With regard to comment 7. Mr. Koehler said he is concerned that the permitting and initiation of construction of the community facilities might be delayed unless this comment is modified to read "issuance of first residential development permit". This would eliminate any problems and the community facilities would be able to be 38 MINUTES REGULAR CITY COMMISSI ON MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 permitted and constructed even if there is a delay in recording the drainage agreement referred to in this comment. Mayor Taylor suggested that this resolution be approved conditioned upon a satisfactory agreement being reached with regard to comment 7. City Attorney Goren said if the Commission would delegate the decision to the City Manager that the staff is otherwise satisfied, the Manager can sfgn off on that basis. Motion Commissioner Jaskiewicz moved approval of the final plat for Cedar Ridge Estates sub ect to the conditions of approval in Exhibit C. with 7 as clarified by the City Attorney. Commissioner Bradley seconded the motion, which carried 5-0 Proposed Resolution No. R97-85 Re: Abandonment of 15 foot wide unimproved alley in Bowers Park subdivision, Blocks 10, 11 and 12 Attorney Goren read Proposed Resolution No. R97-85 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-85. Commissioner Tillman seconded the motion, which carried 5-0. D. Other Approve payment of Court Judgment against the City in the amount of $75,386.81 to Plaintiff Allen C. Willis Wilfred Hawkins. Assistant to [he City Manager, advised that Leslie Roberts was the counsel assigned to this case. He explained that Mr. Willis is an independent contractor. He was in a trench when part of the trench wall caved in on him and he was njured. This case was tried by a jury and the plaintiff was found 54 percent responsible and the City 46 percent responsible. The City is being asked to pay their percentage share, which amounts to $75.386.81 and includes interest. 39 PROPOSAL OF OUANTUM ASSOCIATES FOR MAY 20TH BOYNTON BEACH CITY COMMISSION MEETING Quantum Associates hereby amends its master plan modification and proposes the following conditions be adopted by the City Commission in addition to the recommendations of the Planning and Development Board: 32. Delete commercial from Lots 83, 84, 85~, 68A, 68B, 69, 70, 72, 57, 56, 73B, 73A, 74, 75 and 76. (The result of this deletion will be to expand potential commercial use only to lots previously appr~ed for hotel use, i.e. Lots 1, ~6, 67A and 67C~~· 33. Delete condition 20 of Exhibit "F" (no longer needed since virtually all of the commercial expansion has been eliminated) . 34. Delete note 5 on the proposed March 6 Master Plan Amendment No. 8. 35. Replace "club" with "restaurant" on note 2 of the Master Plan. 36. Create a revised Master Site Development Plan Amendment No. 8 dated today, May 20, 1997, consistent with tonight's City Commission action and direct staff to generate a new proposed Ordinance incorporating the revised May 20 Master Plan Amendment. ORL95 51005.1 -SMW 05/20/97 c/o The City of Boynton Beach 100 E. Boynton Beach Blvd, PO BoX Boynton Beach, FL 33425-0310 Dear Commissioner Tillman: 261 N. Palm Drive Bo!rato~ Beach, FL 33435 Saturday, May 17, 1997 would Since I community Beach City Beach cit, In April I met with six the Martin. Luther King Jr. Beach. ThM~e a~eas h~Ve goverrm~t a~d: the lodal ~ing Jr. ~ivd. for the Beach. three namely ~ of vital to 'station are to unont ~:~,oW~ng what ~f any ~!ar~ the ~c~t~.has f r this ar, , You may ~rward a~y~r~tten %nformatlon you have t0the a(~reaa refe a you m~y call me at. my home aft, er 7pm or leave a message during the day at (5~)586-78~0. Thank~you for your time and consideration. Sincerely, Victor Darrell Norfus ~)UIK ARRIVAL TOWING APPLICATIO~y The following items were listed as reasons for fa/lure to recommend issuance of a Certification of Qualification by the review commilxee: hereto andl' InsideApplicationStoragedatedareaMayiS inadequate2, 1997; and not licensed by the city. See Exhibit A attached 2. Failure to submit required insurance docttmentation. See Exh/bit B attached hereto; 3. row trucks in poor condition. See Exhibit C attached hereto; 4. Application was handwritten; and 5. City licenses for office facility not produced. See Exhibit D attached hereto. NON-REFUNDABLE CITY OF BOYNTON BEACH ~oynton Beach, Florida . NO ~28987 FOR /O/L APPL FILING FEE~I~0~'~:'' DOLLARS $ EXHIBIT "A" EXHIBIT "B" COMPOSITE R~ FROM: JY~ DONATO OF PAGES (INCLUDING COVER PAGE). IF TI{ERE ARE ANY QUESTIONS OR YOU HAVE NOf£ RECEIVED THE NU~B~R OF PAGES INDICATED, PLEASE CALL! D FROM~ JIM DONA~T0 N~MBER OF PAGES (INCLUDING COVER PAGE). I.. i. IF THERE ARE ANY QUESTIONS OR ~fOU HAVE NO~ RECEIVED THE UbIB~R OF PAGES INDICATED, PLEASE CALL: COPL~ ENTS: (lighf, mL~ti.m o~ h~ corR~t rote. "CA-07645 CA*07645 ~ EXHIBIT CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS MAY20,1997 m A. GUTHRIE & ASSOCIATES ........................................................... $104,848.00 PO#13688. Pump Replacement Project Pay From 1996 Const Fund- 407-000-0-691-21 FROEHING'$/PAPICO ........................................................................ $ 25,140.00 PO# 12582. Pymt #5, Tennis Court Construction Original Contract ......................................................... $ 214,600.00 Change Orders ........................................................................... 0.00 Payments to Date ............................................................ 107,460.00 Current Payment ............................................................... 25,140.00 Contract Balance ............................................................... 82,000.00 Pay From Cap Imp Fund- 302-721-5-640-09 LAKE WORTH HERALD PRESS INC ................................................. $10,980.00 PO# 13001. Funfare Magazine Printing Pay From Rec Spec Fund- 472-721-5-472-00 METRON-FARNIER ............................................................................. $16,978.76 PO# 14:120. Meter Change-out Project Pay From W & S Rev Fun d- 401-333-5-651-00 SAFETY EQUIPMENT CO .................................................................. $ 22,530.60 PO# 13749. Safety Equipment/Confined Space Pay From W & S Rev Fund 401-352-5-642-00 SUNNYLAND IRRIGATION ................................................................. $14,592.00 PO# 13541. Irrigation Pro~ect Pay From Gen Fund - 001-194-5-911-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Quantum Associates APPLICANT'S AGENT: James G. Willard, Esq. HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Modification LOCATION OF PROPERTY: and the Boynton (C-16) Canal Request for Master Plan Amendment - Maior Plan the West side of 1-95 between Miner Road extendeC DRAWING(S): SEE EXHIBIT "a" ATTACHED HERETO. 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 / HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Ap.pl~,nt's application for relief is hereby v GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto, DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk, 5. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: DATED: May 20, 1997 Cite' Clerk ~OCATION MAP QUANTUM: CORPORATE PARK ORDINANCE NO. 097- 20 AN ORDINANCE OF THE CITY OF BOYNTON BEACH. FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51 AND AMENDED IN ORDINANCES NOS. 86- 11.86-37, 88-3. 94-10, 94-51.96-33 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORI DA STATUTES. 1996. DETERMINING THAT NO FURTHER DEVELOPMENT OF F~EGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES. APPROVING SUCH CHANGES. AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS.' 84-51, 86-1rl. 86-37. 88-3~ 94-10. 94- 61. 96-33 AND 96-65) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Riteco Development Corporation. a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21. 1984. regarding that certain property (the "Property"l described in Exhibit "A", attached hereto an(~ made s part of hereof: and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18. 1984 pursuant to Ordinance No. 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Corh~rnerce, Inc. a Flodda corporation ("Boynton Park"), and, Boynton Park, in turn. subsequently conveyed its dght, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"); and Page 1 of 6 WHEREAS. Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No. 86- 11 Ordinance No 86-37, Ordinance No. 88-3. Ordinance No. 94-10, Ordinance No, 94- 51 Ordinance No. 96-33, and Ordinance No. 96-65: and WHEREAS, the term "Development Order~' includes alt amendments thereto: and WHEREAS. Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact, or the Quantum Park DRI); and WHEREAS. Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan as follows: Change in the master plan designation of lots 6, 7, 8, 9. 10. 11. 2, 15, 16, 17. 18, 19, 21, 39, 40A. 52, 83. 84, and 85 from office to office/industrial use; change in the master plan designation of lot 1 from office/hotel use to office/industrial/commemial use: change in the master plan designation of lots 12. 13 and 14 from office/research and development to office/industrial use; change in the master plan designation of tots 76, 81 and 82 from industrial/commercial to office/industrial/commercial use; change in the master plan designation of lot 40 from office/government and institutional to government and institutional use: change m the master plan designation of lots 58. 59. 60, 61 and 62 from industrial/research and development to office/industrial use; change ~n the master plan designation of lots 86. 87, 88, 89A, 89B and 90B from research and development to office/industrial use: change n the master plan designation of lots 65A, 65B. 67B and 91 from office/hotel/commercial to office/industrial/commercial use; change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use: Page 2 of 6 change ~n the master plan designation of lot 90A from research and development to government and institutional use: change in the master plan designation of lots 68A and 68B from research and development to office/industrial use: change in the master plan designation of lots 46A 48A. 48B. 48C. 50A, 50B. 51B 51D. 56. 57, 69, 70, 72, 73A. 73B 74. and 75 from industrial to office/industrial use; change in the master plan designation of lots 77, 78, 79 and 80 from industrial/commercial to commercial use: and change m the master plan designation of lots 66. 67A and 67C from office/hotel use to office/hotel/industrial use; (see Exhibit "B" - Master Plan Amendment No. 8 to the Master Site Development Plan for Quantum Park. dated May 20. 1997); and WHEREAS. the City Commission of Boynton Beach_ as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380.06. Florida Statutes (1996); and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the City staff and the public, and the City Planning and Development Board's recommendations of the 13~" day of May, 1997; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. THAT: Section 1. A notice of public hearing was duly published on the 5th day of May, 1997. in the Palm Beach Post, a newspaper of general circulation in Boynton Beach. Florida pursuant to Chapter 380.06, Florida Statutes. and proof of said publication has been duly filed. Page 3 of 6 Section 2. The Development Order shall be amended to include the following provisions: 1. Master Plan Amendment No. 8 to the Master Site Development Plan for Quantum Park. dated May 20, 1997, is hereby approved subject to the following conaitions: a) A traffic study shall be submitted with any future application requesting a change in the use designation of any lot, The City shall hire. at the applicant's expense, am independent traffic consultant to review the traffic study. b) Any upgrades required to the water and sewer systems within the PID due to the intensification of land use proposed with this applicatior~ must be performed, at the applicant's expense. Section 3. Upon consideration of all matters described in Section 380.06, Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B, The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations. subject to the conditions outlined above. C. The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject tc the conditions outlined above. Page 4 of 6 D. The amendments proposed by Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 4. The City Commission has concluded as a matter of aw that these proceedings have been duly conducted pursuant to the provisions of Chapter 380.06. Florida Statutes (1996), that Developer is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above. Section 5. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Should any section or provision of this ordinance or portion hereof. any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 8. Authority is hereby granted to codify said ordinance. Section 9. This ordinance shall become effective immediately upon passage. FIRST READING this ,-,~ day of //~¢ ,1997. L Page 5 of 6 SECOND READING ',--',¢--~¢~' ,1997. ATTEST: and FINAL PASSAGE this ,~ day of CITY OF BOYNTON BEACH. FLORIDA MAYOR VI~C.~ MAYO R / - COMM~SI~NE'R COMMISSIONER (c .og~. e~.....rJ:..E.. _"ar~ '%,. ~HIBITS: "A' - Legal Des~iption "B" - Amended M~ter Site Development Plan S:\P[anning',SHARED\WP\PROJECTS\QUANTUM~ORDINANC\DR11997doc.doc Page 6 of 6 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in Sections 16. 17.20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows: Commencing at the Southwest corner of said Section 17; thence North 1E44'39" East. along the West line of Section 17, a distance of 1318.10 feet to a point in the intersection with the centerline of N.W. 22nd Avenue: as recorded in O.R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Flodda; thence with a bearing of North 89E04'32" East, along the centedine of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North 1E44'39" East. a distance of 1247.06 teet to the South right of way line of L.W.D.D. Lateral 21; thence North 89E08'49" East along the South right of way line L.W.D.D. Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the centerline of the L.VV.D.D. Equalizing Canal E-4, as recorded in O,R, Book 1732, .Page 612, of thePublic Records of Palm Beach County, Florida; thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East a radius of 750.00 feet, a central angle.o~:4E04;17", and an arc ength of 53.29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'00" East, a distance of 320,69 feet to a point of curve; thence with a curve to the left having a radius of ~0", and ,an arc length of 394.23 feet: thence North L16 feet to a point on the North Line of Section 17; thence ~16'39",__E~a~s!, ,a,,ong the Nprth line of Section 17, a thence South 0E02il E~st, a distance of 2625.18 feet; 368.96 feet toa: point on the Ngrth right of in O.R. Book 1738~ ~a~e 1686 ~fthe Pablic Florida; thence SoUth 19E2731 East, a distance of N.W. 22nd Avenue; thence with a curve to the dght a radius of 1.637.02 feet. a central ' 282.85 feet to a po~n~t, thence north ~12E0241 North 0E31 '11" East, a distarlce of 399.70 feet a distance of 413~21 feet, thence South 88E22 56 East, 'ight of way line of the, Seaboard East, along the West right of way ,line of the point on the centerline of NLW. 22nd Avenue; the centerline of N.W. 22nd Avenue a distance of '53" East, a distance of 1306.69 feet; thence South 333.51 feet to a point on the West right of way ,of the a bearing of South .14E0~!23" West, along a distance of 1312.49 feet thence :Sou~th 0E33'53" th th t3E15'22" west, a distaL~ce of 920.57 feet; thence North'88E50'04" West. a distance of 187.60 feet; thence with a bearing North 0E49'21" West, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 218.00 feet; thence South 0E49'21" East, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 40.00 feet; tl~ence South 0E49'21" East, a distance of 556.84 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centedine of the above described centerline of the E-4 Canal; thence with a bearing of North 5E18'14" West, a distance of 153.13 feet, thence with a curve to the right having a radius of 450.00 feet. a central angle of 15E36'44". and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988.60 feet to a point of curve; thence with a curve to the left having a radius of 450.00 feet, a central angle of 18E20'00", and an arc length of 143.99 feet; thence with a bearing of North 8E01'30" West, a distance of 1255.14 feet to a point on the centertine of N.W. 22nd Avenue; thence with a bearing of South. 89E04'32" West, along the centedine of N.W. 22nd Avenue a distance of 817.85 feet more or less to the Point of Beginning. Containing 591.55 acres more or less and subject to easements and rights of way of record. S:\PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC. MASTER SITE DEVELOPMENT PLAN KEY PLAN LEGEND (317) 636-1600 DEVELOPMENT 0 P, DER OF THE CITY COMMISSION OF THE C I'fY OF BOYNTON BEACH. FLORIDA APPLICANT: Cedar Ridge Development Corporation APPLICANT'S AGENT: Paramount Engineering Group, Inc., HEARING BEFORE CITY COMMISSION: May20, 1997 TYPE OF RELIEF SOUGHT: Final Plat Approval, Acceptance of Surety LOCATION 0 F PROPERTY: North of Minor Road, East of Hi,qb Ridge Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 Commmsion 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 sougl~t was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic/ant ~" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appl~/qant's application for relief is hereby ~_/GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. ___ 6. Other: DATED: May 20, 1997 ~r~C~y Attorney Cit~Clerk "' LOCATION SKETCH NOT TO SCALE N INDU: ,'-RIAl_ WAY EXHIBIT "C" Conditions of Approval Project name: CedarRidge Estates, a P.U.D. Type of Development Order (IVlaster Plan. Site Plan or Pla[)- FINAL PLAT DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Conm~ents: None UTILITLE S Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 1. Subject to receipt of the mylar plat with satisfactory signatures and seals (signed and sealed copies will replace attached copies prior to Commission ~-~ Meeting. i: 2. The signatures of the City Engineer (and his seal) and the Mayor. 3. A Letter of Credit for 110% of those improvements dedicated to the City (sewer/water) acceptable to the City Attorney and Finance Director (may be here prior to Commission Meeting. 4. Receipt of a "Clean" recordable copy of the documents for the two H.O.A.'s known as Cedar Ridge Townhomes and Cedar Ridge Community Association. Both sets of documents to have final approval by the City Attorney, the City Forester and the Planning Department. 5. Receipt of required Lake Worth Christian recorded covenants as stipulated in "Agreement for Drainage" prior to first building C.O. 6. The final lift of road asphalt to be installed after completion of all building consmaction. 7. Satisfactory response to-Assistant City Attorney Pawelczyk's 5/1/97 memo (attached) regarding the drainage agreement and receipt of recorded document prior to issuance of Development Perrrdt. BUILDING DIVISION Comments: None I DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 1. In accordance with Article V. Section 3,(6) (g), the City Commission shall specify the development time for the park and recreational facilities approved for half credit towards the re~eation dedication fees. Existing approvals v/ specify that the developer must complete at least the meeting hall and swimming pool by the first certificate of occupancy for the Townhouse section. FO RE STERiENVIRONMEN~rALI ST Comments: None PLANNING AND ZONING Comments: 1. Reirdtiate rezoning process that served to extract from the PUD the platted lots within the PUD that are no longer intended to be developed but are to v/ become a future expansion of the adjacent Lake Worth Christian School. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS ADDITIONAL CONDITIONS FROM COMMISSION MEETING The City Manager shall have the authority, as delegated from the City Commission, to resolve any issues arising with respect to Comment 7 of this Development Order. DEVELOPMENT ORDER Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Cedar Rid,qe Development Corporation APPLICANT'S AGENT: Paramount En,q~neering Group, Inc., HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Final Plat Approval, Acceptance of Surety LOCATION OF PROPERTY: North of Minor Road, East of Hi,qh Ridge Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 ~'/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appli,,cant's application for relief is hereby ~"GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this orcter. DATED: May 20, 1997 Cite'Clerk ,,~ Ci't'y Attorney LOCATION SKETCH NOT TO SCALE: N EXHIBIT "C" Conditions of Approval Project name: CedarRidge Estates, a P.U.D. Type of Development Order (Master Plan, Site Plan or Plat)- F1NAL PLAT DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments:, None UTrLrr~s Comments: None Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 1. Subject to receipt of the mylar plat with satisfactory signatures and seals (signed and sealed copies will replace attached copies prior to Commission Meeting. 2. The signatures of the City Engineer (and his seal) and the Mayor. f 3. A Letter of Credit for 110% of those improvements dedicated to the City i (sewer/water) acceptable to the City Attorney and Finance Director (may be here prior to Commission Meetinl~. 'i 4. Receipt ora "Clean" recordable copy of the documents for the two H.O.A.'s known as Cedar Ridge Townhomes and Cedar Ridge Community Association. Both sets of documents to have final approval by the City Attgmey. the City Forester and the Planning Department. 5. Rec~eipt of required Lake Woith Christian recorded covenants as stipulated in "Ag!cement for Drainage" prior to first building C.O. 6. The:final lilt of road asphalt to be installed after completion of all building construction. 7. Satis~ctory response to'Assistant City Attorney Pawelczyk's 5/1/97 memo (attached) regarding the drainage agreement and receipt of recorded document prior to issuance of Development Permit. BUILDING DIVISION Comments: None DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: I. /n accordance with Article V. Section 3,(6) (g), the City Commission shall specify the development time for the park and recreational facilities approved forhalfCredit towards the recreation dedication fees. Existing approvals v~ sp~ify.that the developer must complete.at least the meeting hall and swn~. ng pool bythe fu'st cenifica!e of occupancy for the Townhouse SeCtion. FORES~ONMENTALIST ' Comments; None - PLANNING AND ZONING Comments: 1. Reirfitia~e rezoning process that served to extract from the PUD the platted lots within the PUD that are no longer intended to be developed but are to ~ become g future expansion of the adjacent Lake Worth Christian School. ADDITIONAL pLPuN~rING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS bme ADDITI(~NAL CONDITIONS FROM COMMISSION MI ETING The City Manager shall have the authority, as delegmted from the City Commission, to resolve any issues arisinm with respect tO Comment 7 of this Development Order. DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OFBOYNTON BEACH. FLORIDA APPLICANT: Quantum Associates APPLICANT'S AGENT: James G. Willard, Esq. HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Modification LOCATION OF PROPERTY: and the Boynton (C-16) Canal Request for Master Plan Amendment - Maior,Plan the West side of 1-95 between M ~ner Road extended DRAWING(S): SEE EXHIBIT "a" ATTACHED HERETO. THIS MATTER came on to be heam 13efore 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 ./ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App~ant's application for relief is hereby ~ GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: May 20, 1997 Cit:C'Clerk ,;.OCATION MAP .., QUANTUM CORPORATE PARK AAi' "MOTO ORDINANCE NO. 097- 20 AN ORDINANCE Of THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51. AND AMENDED IN ORDINANCES NOS. 86- 11_ 86-37.88-3. 94-10, 94-51, 96-33 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06. FLORIDA STATUTES, 1996 DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES APPROVING SUCH CHANGES.-AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51.86-11.86-37. 88-3. 94-1Q 94- 51, 96-33 AND 96-65) FOR PURPOSES OF AND WHEREAS. Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21. 1984. regarding that certain property (the "Property") described in Exhibit ''A", attached hereto and made a part of hereof: and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18. 1984 pursuant to Ordinance No. 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its right, title and interest in anct to the Property to Boynton Park of Cordmerce, Inc., a Florida corporation ("Boynton Park"), anc Boynton Park, in turn, subsequently conveyed its dght, title and interest in and to the Property to Quantum Associates. a Flodda general partnership (the "Developer"); and Page 1 of 6 WHEREAS. Developer filed with the City respective applications to amend the Development Order. which applications were approved by the City in Ordinance No, 86- 11. Ordinance No. 86-37 Ordinance No. 88-3 Ordinance No. 94-10. Ordinance No. 94- 51, Ordinance No. 96-33. and Ordinance No. 96-65; and WHEREAS. the term "Development Order" includes all amendments thereto and WHEREAS. Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at E~oynton Beach Development of Regional Impact. or the Quantum Park DRI); and WHEREAS. Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan as follows: Change in the master plan designation of lots 6. 7.8~ 9, 10 11. 2, 15. 16. 17, 18. 19. 21, 39. 40A. 52. 83. 84, and 85 from office to office/industrial use: change in the master plan designation of lot I from office/hotel use to office/industrial/commercial use: change in the master plan designation of lots 12. 13 and 14 from office/research and development to office/industrial use: change in the master plan designation of lots 76 81 and 82 from industrial/commercial to office/industrial/commercial use: change ~ the master plan designation of lot 40 from office/government and institutional to government and institutional use: change ~ the master plan designation of lots 58. 59, 60, 61 and 62 from industrial/research and development to office/industrial use; change in the master plan designation of lots 86, 87, 88, 89A, 89B and 90B from research and development to office/industrial use: change in the master plan designation of lots 65A. 65B, 67B and 91 from office/hotel/commercial to office/industrial/commercial use; change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use: Page 2 of 6 change in the master plan designation of lot 90A from research and development to government and institutional Jse; change in the master plan designation of lots 68A and 68B from reseamh and development to office/industrial use: change in the master plan designation of lots 46A. 48A. 48B 48C. 50A. 50B 51B. 51D, 56. 57. 69, 70 72, 73A, 73B. 74. and 75 from industrial to office/industrial use: change in the master plan designation of lots 77 78.79 and 80 from industrial/commem~al to commercial use: and change in the master plan designation of lots 66, 67A and 67C from office/hotel use to office/hotel/industrial use: (see Exhibit "B' - Master Plan Amendment No. 8 to the Master Site Development Plan for Quantum Park. dated May 20. 1997); and WHEREAS. the City Commission of Boynton Beach as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approwng developments of regional impact pursuant to Chapter 380.06. Florida Statutes (1996); and WHEREAS. said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the City staff and the public, and the City Planning and Development Board's recommendations of the 13th day of May, 1997; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 5th day of May, 1997. in the Palm Beach Post, a newspaper of general circulation in Boynton Beach. FIodda. pursuant to Chapter 380.06. Florida Statutes, and proof of said publication has been duly filed. Page 3 of 6 Section 2. The Development Order shall be amended to include the following provisions: 1. Master Plan Amendment No, 8 to the Master Site Development Plan for Quantum Park. dated May 20, 1997, is hereby approved subject to the following conditions: a) A traffic study shall be submitted with any future application requesting a change in the use designation of any lot. The City shall hire. at the applicant's expense, an independent traffic consultant to rewew the traffic study, b) Any upgrades required to the water and sewer systems within the PID due to the intensification of land use proposed with this application must be performed at the applicant's expense. Section 3. Upon consideration of all matters described ih Section 380,06. Florida Statutes 11996), it is hereby determined that: A. The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations. subject to the conditions outlined above. C. The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council. subject to the conditions outlined above. Page 4 of 6 D. The amendments :~roposed by Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06. Florida Statutes (1996). Section 4. The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the prowsions of Chapter 380.06. Florida Statutes (1996), that Developer is entitled to the relief prayed and applied for. and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth n Section 2 above. Section 5. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 6. All ordinances or parts of ordinances m conflict herewith are hereby repealed. Section 7. Should any section or provision of this ordinance or portio~' hereof. any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 8.. Authority is hereby granted to codify said ordinance. Section 9. This ordinance shall become effective immediately upon passage. FIRST READING this ~.,~ dayof ,,,~¢ ,1997. L Page 5 of 6 _ _ and FINAL PASSAGE this ,.~ day of SECOND READING ~_/~_d~' ,1997 ATTEST: CITY OF BOYNTON BEACH. FLORIDA MAYOR VI~ MAYOR COMM) S ONER COMMISSIONER COMMISSIONER ClTCY CLERK ~ ....... .-' ~ E~IBITS: 'A" - Legal Description "B" - Amended Master Site Development Plan S:~::)fanning\SHARED\WP~PROJECTS\QUANTUM\ORDINANC'~DR11997doc,doc Page 6 of 6 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in Sections 16. 17, 20 and 21, Township 45.~guth, Range 43 East. Palm Beach County, Florida. said Tract being more particularly described as follows: Commencing at the Southwest corner of said Section 17; thence North 1E44'39" East. along the West line of Section 17. a distance of 1318.10 feet to a point in the intersection with the centerline of N.W. 22nd Avenue. as recorded in O.R. Book 1738. Page 1686, of the Public Records of Palm Beach County, Florida; thence with a beating of North 89E04'32" East, along the centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North 1E44'39" East. a distance of 1247.06 teet to the South right of way line of L.W.D.D. Lateral 21; thence North 89E08'49" East along the South right of way line L.WLD.D. Lateral 21. as recorded in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the centerline of the L.W.D.D. Equalizing Canal E-4, as recorded in O.R. Book 1732, Page612, of the Public Records of Palm Beach County. Florida; thence along the centerline of the above described E-4 Canal w~th a curve to the right having a chord bearing of North 10E32'52" EaSt, a radius of 750.00 feet, a central ang e .of 4E04 17", and ~an arc length' of 53.29 fee~t; thence continue along the centerhne,of the E-4 Canal, w~th a bearing of North 12E3500 East, a. d~stance of )oint of a curve to the left having a radius of and an arc length ~f 394.23 feet; thence North ~f 1979.16 fee~ .to a point on the ,North Line of Section 17; ,qorth &9El6'39" East, along the North line of Section 17, a East, a distance of 2625.18 feet; :listance of ~ a Point on the~NOrth right of way rded e~the Public of 'ight central a( ~ of South of the feet; thence North 88E50'04" West. a distance of 187.60 feet: thence with a bearing North 0E49'21" West, a distance of 200,00 feet; thence North 88E50'04" West, a distance of 218.00 feet; thence South 0E49'21" East, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 40.00 feet: thence South 0E49'21" East, a distance of 556.84 feet; thence North 88E50'04" West. a distance of 3617.26 feet to a point on the centedine of the above described centerline of the E-4 Canal: thence with a bearing of North 5E18'14" West. a distance of 15.3.13 feet. thence with a curve to the right having a radius of 450.00 feet, a central angle of 15E36'44". and an arc length of 122.62 feet; thence North t0E18'30" East, a distance of 988.60 feet to a point of curve; thence with a curve to the left having a radius of 450.00 feet. a central angle of 18E20'00" and an arc length of 143.99 feet; thence with a bearing of North 8E01'30" West. a distance of 125514 feet to a point en the centedine of N.W, 22nd Avenue; thence with a bearing of South 89E04'32" West; along the centedine of N.W. 22nd Avenue a distance of 817.85 feet more or less to the Point of Beginning. Containing 591.55 acres more or less and subject to easements and rights of way of record. S:\PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC. MASTER SITE DEVELOPMENT PLAN KEY P/~tM LEGEND ?='~'--F-- (317) 636-1600 [3 EVELOPMENT ORDER Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: CITY OF BOYNTON BEACH APPLICANT'S AGENT: CITY OF BOYNTON BEACH HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Request for abandonment of an unimproved 15 foot wide city alley located within blocks 10, 11. and 12 of the Bowers Park Subdivision. LOCATION 0 F PROPERTY: Between S.E. 5th Avenue and S E. 6th Avenue, on Doth sides of Seacrest Boulevard and west of the FEC Railway DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 Comm~ssior~ 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 Appl ~cant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appl~cant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Ap~t's application for relief is hereby __ GRANTED subject to the conditions marked as "include" in Exhibit "E" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: DATED: May 20, 1997 City Clerk LOCATION MAP EXHIBIT "E" Conditions of Approval , P~roject name: Bowers Park subdivision, Blocks 10, 11 and 12 il5 foot wide alley abandonment) le number: ABAN 97-001 ,~ference: See Planning and Zonin~ Deparunent Memorandum No. 97-203 DEPARTMENTS INCLUDE [ REJECT CITY ATTORNEY Comments: NO OBJECTION (VERBAL RESPONSE) ENGINEERING DMSION Comments: 1. No objection subject to approval from all other utilities. UTILITIES Comments: 2. Utilities has no objection to the abandonment of the described alley subject to a recorded utility ' / easement being dedicated in its place. PUBLIC UTILITY COMPANIES ~.BELLSOUTH TELEPHONE COMPANY Comments: 3. BellSouth has cable on poles in the alley. Therefore, a 12' wide easement ~s required for this pole J line in order to agree to abandonment, FLORIDA POWER & LIGHT COMPANY Comments: 4. No objection provided the property owners grant to Florida Power and Light Company a 15' / util/ty easement with the identical legal description of the alley to be abandoned. PLANNING AND ZONING Comments: 5. The conditions of all utility companies shall be addressed prior to the City Commission adoption / of the resolution approving the abandoument. .I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ~6. None r~ ~ ADDITIONAL CITY COMMISSION CONDITIONS 7. To be determined. MEH/bme ~\WP\PROJECTSXABAN-BOWERS\cond. of approval.doc ADDITI(~NAL CONDITIONS FROM COlVlMISSION MEETING DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Cunningham-Limp of Florida, Inc. APPLICANT'S AGENT: David A. Donaldson HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Boynton C-16 Canal Request approval of the site plan the West side of Congress Avenue, iust south of DRAWING(S): SEE EXHIBIT "a" ATTACHED HERETO. 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 "elief 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 Appli~a~t V' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appi~nt's application for relief is hereby ~ GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: May 20, 1997 City Clerk COOKER BAR AND GRILLE LOCATION MAP BEACH ' PlO "MOTOF R~IAA R EXHIBIT "C" Conditions of Approval Project name: Cooker Bar & Gdll File number: NWSP 97-007 F~eference: The plans consist of 9 sheets identified as 1st Review, New Site Plan. File# NWSP 97- 307 with a March 17 1997 Planni~ and Zon n.q Department date stamp markin,q. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comment~: None UTILITIES 1. Plan shall specify meter size and location, (Sec. 26.16)). ~ 2. A capaq;ity reservation fee will be required within thirty (30) days of City Commission approval, or upon request for Utility Department signature on the HRS/DEP permit applications. The fee amount ~' Will be determined based upon meter size or expected demand, (Sec. 26-34[E]. 3. Palm Beach Health Department permit will be required, (Sec. 26- ~ 12). 4. City water will not be supplied for irrigation. Please show source v/~ and location on your plans, (City Comp. Plan, Policy 3C.3.4). 5. Uti;lities requests a meet ng w th the project engineer to discuss alternate locations of the proposed water main to minimize ~ cOnflicts with the proposed landscaping. FIRE Comments: 6. NO portion of any building shall be over 200' from a fire hydrant. Insure all turns have a 50' radius so that fire ~paratus can ~ maneuver around the building. POLICE Comments: 7. Show pavement stripings for traffic control (stop bars, stop signs, ~ etc.). DEPARTMENT OF DEVELOPMENT Comments: 8. 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 the FDOT, PBC, SFWMD and any other permitting agency shall be included with any permit request. Chap. 1, Art. I, Sec.6, pag.A, pg. 1-3. 9. County road entrance sign requires PBC approval and state road ~'~ entrance sign requires FDOT approval. ~.- 10. Provide certification by developer's engineer that drainage plan ~' Page 2 Cooker Bar and Grill File No. NWSP 97-007 DEPARTMENTS INCLUDE REJECT complies with all city codes and standards. Chap.6Art. V, Sec.5A, pg.6-7 and Chap.23,Art. llF, pg.23-8. 11. Provide details for pavement, grates, pipes, catch basins, etc. Chap.6, Art. V, Sec.4B2e, pg.6-20. 12. Stormwater shall be contained on site. Provide for the retainment of the first one-half inch of stormwater runoff prior to conveyance to offsite receiving waters. Chap.23, Art. llF, pg.23-8 and Chap.6, Art. IV, Sec.5B, pg.6-8. 13. Specify clear sight triangles at all driveways and adjust landscape .,,~' plan if needed. Chap.7.5,Art. ll, Sec. SH2, pg.7.5-17. 14. Align access paths from sidewalks with H/C accessible paths including stop bars and s gns Chap 23Art.l, Sec. lB5, pg.23-1 and Section 4.3 of the Florida Accessibility Code, pg. 23. 15. Provide Stop~ signs and stop bars in accordance with the "Manua on Uniform ~raff C C0ntro Dev ces" Chap 23, Art B2, pg 23-7 16. It is recommendedthat the width of the perimeter sidewalk be increased from 5't0 7' and the wheel stops be eliminated. 17. It is recommendedthat the width of~the H/C access path on the southernmost B/C stall be re,duced from 8' to 5' a.n,d standard stalls made slightly wider'. (The 12 wide H/C stall and 5 wide path meet~ criteria of a "universal stall" which includes "van accessible stalls~. Also the wider 8' path creates the repress on of be ng a separate parking stall. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST None PLANNINGAND ZONING Comments: 18. Any roof top equipment will have to 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 11.E). If no roof top equipment is planned, make an appropriate notation on sheets A-4 and A-5. 19. Provide, a detailed drawing of a dumpster enclosure meeting the design Standards as described in LDR, Chapter 9, Section 10.C and Chapter 7.5, Article II, Section 5.J. The dumpster walls shown on sheet A-4 indicate a height in excess of the allowed 6 feet. Page 3 Cooker Bar and Gdll File No. NWSP 97-007 I DEPARTMENTS INCLUDE I REJECT, Correct the drawings to depict the appropriate height of the dumpster walls of 6 feet. 20. Eliminate inconsistencies between the landscape plan and the site plan with respect to dumpster location and its configuration on the J site. 21. Lighting shall be shown on the landscape plan to eliminate potential conflicts with landscape material and existing on-site v/- and/or~ proposed easements. 22. Indicate the use of the building in the northwest comer of the ~ property. 23. On the Landscape Plan, Sheet 2 of 2, provide a tabular summary of the planting mater a to nc ude a "andscape matedal requ red by the code" category. Aisc, provide relevant calculations for this category. For the andscape buffer adjacent to r ghts-of way and w/~ along ~butting pi'operties~ provide p~dmeter distances of the parcel for which the landscape buffe¢ material is being ca culated (Chapter 7.5 Art c e - Landscape Code) 24. Inco;pdrate the above calculation into the tabulation of the landscape matera, provded for the ste~ Al natve Spaces sha f be distinguished from non-native species with a recognizable symbol The native requirement is fifty percent of the required landscape p a~t ng (Go~Prehens ~,e P an Fro cy 4 4 6) 25. Elimin~e back,fit awnings and lighting fixtures directing lighting on the awn rigs (LDR,.Chapter 9, S~t on .1.0.F.5) ~ 26. rowde ~nformafion regai'ding s~ze, design snd color of proposed signs on .the property. ItisreC~mmendedthat signs ~ be approved,admin~Sttafive y, subject to Ce~p anco w th LDR Remo~e thor prbpose~d slgD from the 20~feet~¥¢~de uti ty easement a ~ng Cong'~'e~s Avenue ~ 28. Pm~iae for staff, revie~v, a cross easement and parking agreement to allo~V shar~ed common ~ccess frpm COngress Avenue for both properties: the subject' proper~y and the property located ~ im~.e, diately to ;the s°~i;~h.of the Subject property. 29. h,'e'.~ove ground ~ransformer structure l~cated south of the reStaurant b~idng ~a[i be screened as a servce area at minimum, with an 1.8 ;ir~ch Iiigh: hedg~e (at,the time of planting) and, ~ after reach ng tS malty, ~ ntai~ed a, ta he ght of six feet 30. V~.(~ular use ama, s A~al] be scre~aed frem'::adjacent rights-of-way withi ~.vegetatiye b~e~', as requii-~d by. LDF~, ~3hapter 7.5, Article II Section 5.E. If such landsca~)e mater~a aready exists on adjacent ots .the on-~site buffer reiquremeht can be waved but ~ nly when th~s ,ex st ng andscape buffer meets the c ty standards Ex[sting vegetative buffers along the east, north and west prop.'ar[y lines dO not meet thel fifty percent native species req(.iii~ement as~ mandated by Compreheh~ive Plan Policy 4.4.6. In ad~on to the existing off-site'land,~cape material credited to~.~ds the required 'pariphera vegei~tive buffer provide su~?~nt, on-site, landscape material (~'or! bJS~h trees and hedge) to meeit't~e 50 percent r~q~irement. Page 4 Cooker Bar and Grill File No. NWSP 97-007 DEPARTMENTS INCLUDE REJECT 31. Verify on the permit set of drawings that the "back-up" space for the parking stalls located south of the proposed restaurant meets the minimum city standard of 27 feet. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 32. Reword comment #19 as follows: Walls of the dumpster enclosure that are located w th n thebuildab e area of the s te may exceed six (6) feet, however, they shall not exceed the height of the walls of the proposed restaurant building. 33. Reword comment#25 as fo ows: Wall mounted fixtures that direct illuminat on Onto the wa s of the building and/or adjacent sidewalk are acceptab e HoWever no fixture sba be d rected to illuminate the underside of.the proposed awn ngs 34. Reword comment #26 aS follows: Signs shal not be approved administratively and shal be Submitted as a future major site plan m0d[ficafi0n f(~r revjeW by the Planning and Deve opment Board 35. I~dicate On the, andscape ~lan a type of md ch 0ther than cypress 36" filledhe gapSin., In the required ex~st ng per meter andsCap ng sba be ADD TONAL CITY COMMISSION CONDITIONS 37. To be determined. MEH:dim \\SWP~P ROJ ECTS\COO KE R\NWSP~cond. of approval.doc ADDITIONAL CONDITIONS FROM COM~V[ISSION MEETING 2. 3. 4. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Lakeside Christian Church APPLICANT'S AGENT: Donald E. Bryan of Bryan & Associates Architects/Planners, Inc. HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: feet west of Knuth F~oad A~I of Site Plan South side of Old Boynton Road approximately 150 DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MA'Iq'ER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of heanng 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 Deve opment Regulations. The App!i~nt ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. App~nt's application for relief is hereby 3 The __ GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon ~ssuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: May 20~ 1997 City Clerk LAKESIDE CHURCH LOCATION MAP BEACH AG EXHIBIT "C" Conditions of Approval Project name: Lakeside Christian Church File number: NWSP 97-005 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File #NWSP 97- 005 with an April 14, 1997 Plannin.q and Zoning Department date stamp markin,q. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: 1. The dumpster enclosure at the s te must be 10 feet by 10 feet (inside measurements). The gate poles, as shown on the drawings, reduce the width to less than 10 feet. UTILITIES Comments: 2· Palm Beach Health Department permit will be required, (Sec·26- 12). 3. A reservation fee of $790.02 is due within thirty (30) days of City Commission approval or upon request for Utility Department v signature on HRS/DEP forms, (Sec. 26-34[E]). 4. Shifting the location of the proposed water main and easement will eliminate the conflict with the proposed landscape plan. 5. Fire protection shall be designed to provide fire flows of: 150~pm @ 20 psi, commercial. Provide a flow test to confirm that the proposed connection will provide these minimums, (Chapter 6, Art. IV, Sec. 16). 6. The proposed sanitary sewer connection is shown extending off of the subject property to a privately owned and maintained lift station. Please provide the Utility Department with a copy of a perpetual agreement allowing the church system to connect to that station. Also, provide lift station flow calculations, from the project engineer, to insure the existing equipment will handle the additional flows. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 7. Provide a drainage plan including calculations. Chap. 4, Sec. 7F, pg.4-6. 8. 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. Page 2 Lakeside Christian Church File # NWSP 97-005 DEPARTMENTS iNCLUDE REJECT Permits required from agenc es such as the FDOT, PBC, SFWMD and any other permitting agency shall be nc uded with your permit request. ChaP. 1, Art. I, Sec.6,par. A, pg.1-3. 9. County permit required for construction in dght-o~ay. Chap. 6, Art. Vii, Sec.4B, pg.6-24. 10. Provide-certification by developer's engineer that dra nage plan complies with all city codes and standards. Chap.6Art. V, Sec.5A, pg.6-7 and Ohap.2~,Art IIF, pg.23-8. 11. Provide a satisfactory light ng P an. Chap.23Art.llA, pg.23-6. 12. On.the west side of the north landscape island add a stop sign and bar for traffic contr;o Chap 23¢&rt B, pg 23-7 BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments None PLANN NG AND ZONING Comments: 13. The roof overhang and the foundations of the church building encroach the FPL easement located just west of the structure. Remove the structure from the easement, or prior to the building permit issuance, obtain a release letter from FPL allowing the encroachment. 14. The proposed frae-standing s~gn is located within the FPL easement. Remove the sign from the easement or prior to issuance of the sign permit, obtain a release letter from FPL allowing the encroachment. 15. Nurser es n a church require plans to be processed and approved as cond t cna use applications. Eliminate the depiction of Nursery from the floor plan, or, if the use is not intended to meet the definition of the Nursery School and/or Preschool Facility, provide more specific information regarding this use and rename the spaCe appropr ately (LDR, Chapter 2 - Zoning, Section 5.G. 1.a and Section 5 F.l.c). 16. It is ~'ecommended that the proposed Cypress mulch be rep aced with ~nother kind of mulch, such asMelaleuca, Eucalyptus, etc. :~ 17. The ', submitted traffic statement shall be approved by the Palm Bea~ch County Division pdor to issuance of the building permit. ~'~ 18. Provide information regarding size, design and color of proposed J- signs on the property. It is recommended that signs be approved Page 3 Lakeside Christian Church File # NWSP 97-005 DEPARTMENTS INCLUDE ~ REJECT adminis[la[ively, subject to compliance with the LDR. 19. Eliminate discrepancies between the engineenng site plan and architectural site plan with respect to the location, size and configuration of the main structure and the dumpster enclosure. 20. The proPOSed free-standing sign shall be placed a minimum of 10 feet from the front property line. The sign setback is only five (5) feet from the front property line. Relocate the sign to an alternative location that complies with the m nmum s,?back provision of the Chapter 21, Article II1, Section 5 of the City s LDR. 21. Any;roof top equiprneht' shall be sereened from vew at a d Stance of ~00 feet. 19 ~uch equipment is planned, indicate its Iocat on and the height of the' e~luipment ~bove the roof level. Provide elevations o~{he strUctUre show ng the roof top equipment and the r~qdir:e~ Screeriing (ail reda~ed t~. a small s~ale) and draw n on th&se bl~va{i~ns {~ linesrof-sight iconnecting {he h ghest point of the eClu[p~ebt with'eye.level'fr~m a distanc~ of 600 hundred feet fmm'~t~ bui~ing (ED~. chapter 9, Sect on 11 E) 22. C.~tY~ LaddlDevel~pmen~ Regulations 'Chapter 7 5 Article II Secfion.~E mqukes ~that vehicular, use ames be screened wth a pei;i~et~'h~dg~ not le~s than 'four (4),and no more than s x (6) feet ih height. Th ~ ,pr~vi.~[~n is f~h~r mod fled n Sect on 5. E.2 allowing;t~ omSi~e ~dm~er landSCape hedge requ rement to be waiv~e~ ,~en the s[ibject vehicu ar ~s~e are"a abuts an existing hed~ ~eti~g all ~p~li~le city Sltandards lecated on adjacent properties Th~ sabmi~ted Landscape p ah indicates that such he~e ~sts~ a~ng the Western; ~°U{he[n a U easte n roe · lines Thi~ h~ge {s depi~d ~s RC~S Benjamina which s a non- nafi~ FI;ddBa specie. 'R~ov ~ "a~ ad~iiti~ha 0nJs te er meter hedge ~. m~et ;the ,~.e'~qu~'~meBt:of, fifty percent of the ~- areal ~o lnqlude a IJ~pe~ m~ena~ tAxi,iced iby the code categ°~'Al~e;pro¥id~l~cai~Ul~tib~S~!f~o-~.thisc~tegory, For the, lan~caP~ .b[;~fe~, B~,~Ce~t to t~e ~i~ibt;ef' Way and along V/~' abt~ng~lCroP~i~, Pm~i~d~ip~time}~A dis~Aqes; of the parce fo~ h~Ch ~e a, rldscape buffe)' ~dge ma~e~dl m be n calcu ated (Cha~pf~r ;L 5, A~cm~ Ii - iLana~p~ C~d[e~: 24. In~6~p¢~¢.~h~~ abg~e ~ca..!c~lon~ ~ 'tOe .tabuaton of the land~, m~na! prev, k;ie~;f~r th~ ~!te;' All.native species shall be dista~uis:i~d::fi-6~ r~o~-~n~ive s~aes, wth ~ Cecognizable symbe 25. T~ ~t~r enclosure has~.:to ~eet ~design; ahd lands~ping s~h~at4s as descdb~ nLDR ~p~ 9,. S~ction 10C. and C~ter:7.5; AKicle il, Se~ibn 5;a, ,On t~e Landscape Pan per'iCe r~quired accea~ ~ alO~,th~:dUmP~te~rscreen walls. 26. Sl~¢~ 'thC ~ubmittar c~a~ ~ '~tma~n: ~O~rd ng ant c Dated f~(~, e~nslon aeno~ed~` Phase J.I; ~d ~e exCanslon will not r~Ulre ~s on . of addi~ 3~ p~n{ or andSca n , t s r~gm~d~ that th~ f~ ¢~ ex.ns o~ pla~ f dentica w th Phas~'ll aS Shew~ on ~'~ ~ ~b~'~ta!;' ~e approved adm n s~at ve y Page 4 Lakeside Christian Church File # NWSP 97-005 DEPARTMENTS I INCLUDE REJECT as a minor site plan mod fication. 27. According to the tax map, the parcel of land shown on the submitted survey represents the third subdivision of the original Tract 53 resulting in the creation of four (4) separate lots. The City's Land Development Regulations, Chapter 5 - Platting requires that a plat be filed with the City's Development Department if more than two separate lots are created. No building perm t shall be issued until the subdivision plat is approved by the City Commission and recorded w th Pa m Beact~ ~;ounty ADDITIONAl_ PLANNING ANDDEVELOPMENT BOARD CONDITIONS 28. Reword comment #16 as fo ows: A type of mulch, other than ~ r Cypress sha be Used and noted on the ands(ape plan 29. Reword comment ¢~18 as: follows: Provide information regard ng size design and co Or of proposed signs on the property. Signs shall not de approved adininistrat Vel~ and shall ~e ~ub~itted as a future major site plan modification fo~'rev ew by the Panning and Development B~:~rd. ADDITIONAL OITY COMMISSION CONDITIONS 30. To be determined. MEH:dim \\\PROJ ECTS\LAKESlDE\NWSP~cond. of approval.doc ADDITIONAL CONDITIONS FROM COMMISSION MEETING DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Malcolm Butters-Butters Contruction & Development (Sun Sentinel Distribution Facility at Quantum) APPLICANT'S AGENT: Malcolm Butters--Butters Construction & Development HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Request approval of Site Plan. LOCATION OF PROPERTY: Southeast corner of Park Rid,qe Boulevard and Alpha Drive (Lot 46-A in Quantum Corporate Park) DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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. TheAppli~nt HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App,,l~nt's application for relief is hereby __ GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order Shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: May 20, 1997 City Clerk '~: ~" SUN SENTINEL LOCATION MAP NOT IN CITY PID IK OF ~OMMI PARK) EXHIBIT "C" Conditions of Approval Project name: Sun Sentinel Distribution Facility at Quantum File number: NWSP 97-004 Reference: The plans consist of 13 sheets identified as 2nd Review, New Site-Plan File # NWSP 97~004 with an April 14, 1997 Planmn,q and Zoninq Department date stamp markinq DEPARTMENTS J INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. A capacity reservation fee of $2370.06 is due within thirty (30) days of Commission approval, (Sec. 26-34[E]). v 2. Utilities requests a meeting with the project engineer to discuss revisions to the water and sanitary sewer detail sheet to conform with current utility standards. 3. A building permit for this project shall not be issued until the Utilities Department has approved the plans for the water and/or sewer improvements required to serve the project, (Sec. 26.15). FIRE Comments: 4. There shall be no vehic~es stored within or driven through the bays. Previous fire experience in newspaper distribution involved a vehicle fire within the bay. POLICE Comments: 5. It is recommended that the handicapped parking spaces be modified to meet the criteria that has been adopted by federal guidelines and are to be up to standard by October, 1997. ENGINEERING DIVISION Comments: 6. 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 the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. Chap. 1, Art. I, Sec.6, par. A, pg. 1-3. Page 2 Sun Sentinel Distribution Facility at Quantum File No. NWSP 97-004 DEPARTMENTS INCLUDE I REJECT 7. Specify the total number of employees on a maximum shift for the three lease spaces and the number of visitor parking spaces for a ~ determination of the number of required parking spaces. Chap.2, Sec.7H2, pg.2-63. 8. Provide certification by developer's engineer that the drainage ~ plan complies with all city codes and standards. Chap. 6, Art. V, Sec.5A, pg.6-7 and Chap.23, Art. llF, pg. 23-8. 9. Photometrics must be approved for both pedestrian and parking lot lighting before a permit can be issued. (Modify lighting plan to eliminate ali readings within parking lot that fall below ~ ft. candle ~ and specify on plan that parking lot has a minimum average light level of 1 ft. candle). Chap.23, Art. llAla, pg,23-6. 10. Striping and markings and typical ex'filtration trench shall conform ~ to City Standard Drawings #B-90012 & B-91007 respectively. BUILDING DIVISION Comments: 11. Plans do not provide any data or details regarding proposed site signage, if any. Such information shall be provided prior to ~ building permit issuance. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 12. The applicant should submit a written comment that they do not plan to apply for a microsite on the parcel. This is in accordance ~ with the Development of Regional Impact development order requirements. 13. The landscape plan, sheet (L1), indicates landscape and irrigation improvements in the median of Park Ridge Boulevard which is under the maintenance of the Quantum Community Development ~ District. The applicant must notify this group that the area should be maintained in accordance with the Development of Regional Impact development order. PLANNING AND ZONING Comments: 14. Any roof top equipment shall be screened from view at a ~ distance of 600 feet. If such equipment is planned, indicate its Page 3 Sun Sentinel Distribution Facility at Quantum File No. NWSP 97-00~- DEPARTMENTS I INCLUDE REJECT location and the height of the equipment above the roof level. Provide elevations of the structure showing the rooftop equipment and the required screening (all reduced to a small v/' 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 11 .E). 15. Land Development Regulations, Chapter 2 - Zoning, Section 7.H.3 requires the distance between two driveways within a PID district to be no less than 150 feet. No building permits can be issued until a zoning variance is granted from the above requirement by the Board of Zoning ~ppeals for the following distances: ~ · between Sun Sentinel's driveway and Safety Kleen's driveway along Alpha Drive, and · between Sun Sentinel's driveway and Flowers Distribution Center's driveway along Park Ridge Boulevard 16. Signage, although requested by staff, was not submitted with this site plan. It is recommended that signs will be approved ~ administratively, subject to compliance with the Land Development Regulations and the approved Quantum Corporate sign program. 17. In order to allow staff to monitor the amount of traffic generated by the industrial and commercial uses in Quantum Park and to determine how the anticipated traffic counts for the specific lots relate to the overall traffic study counts for the entire ~ Quantum Corporate Park, on the site plan, sheet SP-1, indicate the anticipated number of peak hour trips per day and total trips per day. 18. Provide required parking calculations ~n accordance with Land Development Regulations, Chapter 2 - Zoning, Section 7.H.2. ~/- Denote on the site plan the anticipated number of employees on a maximum shift for each tenant space. 19. Proposed on-site lighting shall be shown on both the site plan and landscape plan as required by LDR, Chapter 4, Section 7.B.2 to eliminate potential conflicts with landscape material and with the ~ existing on-site br proposed easements. 20. All landscape material shall be shown within the boundaries of the subject site - Lot 46-A. Four Live Oaks along Alpha Drive shown ~ on the Landscape Plan, Sheet L-l, are proposed to be planted within the right-of-way of Alpha Drive. Remove these oaks from the right-of-way and incorporate them within the required, on-site landscape buffer. 21. Chapter 7.5, Article II - Landscape Code, Section 4. D.1 of the ,/- Page 4 Sun Sentinel Distribution Facility at Quantum File No. NWSP 97-004 DEPARTMENTS INCLUDE REJECT Land Development Regulations states that within the required landscape buffer screening required for a vehicular use area, a tree shall be planted every 40 feet c.c. Incorporate an additional native tree into the required buffer screening north of the western part of the parking area. Existing trees, can be credited for the above requirement when information is provided regarding these existing on-site trees, documenting that the requirements of the landscape code are met 22. On sheet A-4 oontaini'ng elevation drawings of the proposed building provide a legend of all depicted colors. 23. Il is i~cor~mendeclthat every lease space have a separate loading zone s rice no internal connect on between the lease spaces exiSts. Alternatively, a note shatl be made on the site plan stat[hg that future users of both lease areas will be limited to operations not requiring a loading zone. 24. In accort;lan~ce with LI:)R, Chapter4, Section 7. E, amend the site plan tabulation to include the following site distribution percentages: · landscaped open space (minimum 20 percent required) · vehicular use areas · other paved areas · building coverage (not to exceed 60 percent) · total lot coverage · number of loading zones provided. 25. On sheet A-4, containing elevation drawings of the proposed building, eliminate inconsistencies in background visibility of "office towers" between west and east elevations. 26. On the colored elevation sheet, the northern building elevation contains an erroneous depiction of the easternmost portion of the building projection. This projection should be depicted with colors #1 and #2 and not CfA. 27. It is recommended that the proposed color ~ (or #5) depicted as T-107 Mint Green be replaced with an earth-tone color. 28. It is recommended that, in order to maintain architectural compatibility of the buildings in this section of Quantum Corporate Park, the front elevation of the warehouse facing Park Ridge Boulevard be altered as follows: · incorporate at least one window opening in each exterior wall panel · if window openings are not necessary or they limit the functionality of the warehouse space, use of an alternative way of emphasizing the significance of the front elevation, such as Page 5 Sun Sentinel Distribution Facility at Quantum File No. NWSP 97-004 DEPARTMENTS INCLUDE REJECT simulated window openings, glass blocks, wall offsets, exterior finish material differentiation, ceramic tiles, sheet metal squares and/or stucco joints. · to further emphasize the significance of the front elevation in.cr.ease the height of the parapet wall, or a part of it, a m~mmum of 2 feet. Note: Other forms of architectural expression will be acceptable as long as the objective of emphasizing the front elevation is achieved. ADDITIONAL PLANN NG AND DEVELOPMENT BOARD CONDITIONS ~ 29. None ADDITIONAL CITY COMMISSION CONDITIONS 30. To be determined /bme s:~pro ~cts\sun sent~Cond of appr~ ADDITIONAL CONDITIONS FROM COMMISSION MEETING 10. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Tara Oaks Development Corporation APPLICANT'S AGENT: Susan Prillaman, of Pulte Home Corporation HEARING BEFORE CITY COMMISSION: May 20, 1997 TYPE OF RELIEF SOUGHT: Request for a 12 month time extension of the previously granted site plan approval. LOCATION OF PROPERTY: the east side of Knuth Road, approximately 570 feet north of Wooolbri.qht Road. DRAWING(S): SEE EXHIBIT "a" ATTACHED HERETO. 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 Appli.c~nt ¢' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appl. j~ant's application for relief is hereby "GRANTED subject to the conditions Exhibit "D hereto. DENIED 5. the terms and conditions of this order marked as "include" in This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with 6. Other: DATED: May 20, 1997 LOCATION MAP TARA OAKS AG OF EXHIBIT "D" Conditions of Approval Project name: Tara Oaks - Site Plan Time Extension File number: SPTE 97-001 Reference: Letter requestinq a twelve month extension to the site plan approval dated January 30, 1997, with a February 3, 1997, Plann n.q and Zon n.q Department date stamp markinq. DEPARTMENTS IN LUDE REJECT · PUBL C WORKS Comments: NOne UTILITIES Comments: 1. Provide proposed water and sanitary sewer plans for .rev!ew and comment (Sec. 26.16(a)). 2. City water will not be supplied for irrigation. Show sourCe and location on the plans (City Comp. Plan, Policy 3C3.4). 3. NO trees are permitted within utility easements (Sec. 7 5-18.1). 4. Palm Beach County Health Department permits will be required for proposed water and sanitary sewer ~,' systems (Sec. 26.12). 6. The applicant never paid the required capacity reservation fee, which was due within thirty (30) days o~the February 20, 1996 site plan approval. Based upon one meter for each of the 192 units, the reservation fee per year is $26,611.20. It is recommended that the applicant pay for the year which is past due, plus the next year in advance (total = $53,222.40) before the City Commission considers granting a one-year extension. Based upon this item it is recommended that this request not proceed to the City Commission until the entire reservation fee is Page 2 Tara Oaks PUD - Time Extension SPTE 97-001 DEPARTMENTS INCLUDE REJECT paid in full. Any waiver of this fee is also not recommended, which is consistently applied to all new developments (Sec. 26-34IE]). In the event the extension is not approved, the sum of $26,611.20 will be returned to the applicant. 7. The Utilities Department has not yet received or approved flna construction drawings for the water and sewer systems serv ng this project. FIRE Comments: None POLICE Comments: None DEVELOPMENT DEPARTMENT Comments: 8. Since this development was originally approved, the City of Boynton Beach has adopted the 1994 edition of the Standard Building Code with local amendments. The applicant should be informed that the adopted building code will apply at the time of building permit application. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 9. If the City Commission approves the site plan extension, it is recommended and that the permit plans comply with the previous conditions of approval and current Land Development Regulations. 10. Since the applicant has not paid the utility reservation Page 3 Tara Oaks PUD - Time Extension SPTE 97-001 DEPARTMENTS I INCLUDE REJECT fees that were due March 20, 1996, it is recommended that if the extension is approved, it shall become null and void within 30 days if this year's and last year's reservation fees (53,222.40) are not paid within 30 days of approval. 11. If the extension is not granted it is recommended that the ega department fie a en on the property for the ~ amount of last year's delinquent feeS of $26,611.20. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 12. None ADDITIONAL CITY COMMISSION CONDITIONS 13. To be determined. /bme ADDITIONAL COMMENTS/CONDITIONS BY CITY COMMISSION: 1. ,r"Cdf".'¢'~''' 3. 4. 5. 6.