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Minutes 03-04-97
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 4, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor MatThew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse. City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. John Block, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor Jerry Taylor ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT TO BE MADE BOARD II Jaskiewicz** Adv Brd on Children & Youth Reg Term expires 4/97 TABLED I Jaskiewicz** Community Relations Brd Alt I yr term to 4/97 TABLED LENGTH OFTERM EXPIRATION DATE I1. Mayor Taylor called the meeting to order at 6:31 p.m. Reverend Block offered the invocation. followed by the Pleage of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Jaskiewicz requested the addition of Item Xl-Legal, A-4, "Alley Abandonment". and Item V-Announcements & Presentations, A-3. "Swearing-In Ceremonies and Reception". Commissioner Bradley requested the addition of Item X-New Business. F.. "Response to House Bill 313-Telecommunications". Mayor Taylor requested the addition of the following items under X-New Business: G. "Comments about Neighborhood Organizations"; H. "Firefighter Training"; and I. "Palm Beach County Days in Tallahassee". 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Bradley seconded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mayor Taylor** IV Tillman" Mayor Taylor** IV Tillman** IV Tillman* Titcomb* Mayor Taylor" Titcomb'~ II BradleyTM Titcomb** Titcomb** Titcomb* Brd of Zoning Appeals Alt Adv Brd on Children & Youth Reg Education Advisory. Brd Stu Library Board Alt Education Advisory Brd Alt Adv Brd on Children & Youth Alt Senior Advisory Board Reg Senior Advisory Board Alt Senior Advisory Board Reg Brd of Zoning Appeals Alt Planning & Development Alt Code Enforcement Board Alt 3 yr term to 1/00 Term expl res 4/97 Term expires 4/97 Term expires 4/97 Term expires 4/97 Term expires 4/97 Term expires 4/98 Term expires 4/97 Term expires 4/97 Term expires 1/98 Term expires 4/97 Term expires 9/97 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED Motion Vice Mayor Jaskiew~cz moved to remove the tabled appointments from the table. Commissioner Titcomb seconded the motion which carried unanimously. Vice Mayor Jaskiewicz appointed Angela Denker as a Regular member of the Advisory Board on Children and Youth. Vice Mayor Jaskiewicz appointed Mary Jo McVey as an Alternate member of [he Community Relations Board. Mayor Taylor appointed Sam Jackson as a Student member of the Education Advisory Board Mayor Taylor appointed Marilyn Brook as a Regular member of the Senior Advisory Board. Commissioner Titcomb appointed Herman Gold as an Alternate member of the Board of Zoning Appeals. Motion Commissioner Bradley moved to approve all of the appointments as stated, and table all remaining appointments. Commissioner Tillman seconded the motion which carried unanimously. III. CONSENT AGENDA A. Minutes 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA M~.RCH ~ 1997 1. Joint .~it~ MinUtes of~ Feb. 6, 1997 Commissioner Titcomb made the following corrections to these minutes: Page 1 -Marilyn Rudne rather than Marilyn Redney Page 1 - Stormet Norem should be listed as Chairman of the Board Page 2 - Insert an "i" in the word interviews Page 5 - Weiner,and Maurici rather than Wemer and Maurici 2~ Special City Commission Meeting Minutes of February 13, 1997 No additions, deletions, or corrections were made to these minutes. 3. Regular City Commission Meeting Minutes of February 18, 1997 No additions, deletions, or corrections were made to these minutes. 4. Special City Commission Meeting Minutes of February 26, 1997 No additions, deletions, or corrections were made to these minutes. Motion Commissioner Tillman moved to approve the minutes as amended. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget None Resolutions 1. Proposed Resolution No. R97-36 RE: Authonze execution of WATER SERVICE AGREEMENT WITH DJM NTERNATIONAL ENTERPRISES, INC., located at 12605 South Military Trail Proposed Resolution No. R97-37 RE: Authorize execution of agreement between the City of Boynton Beach and WALLACE ROBERTS & TODD (WRT) for Design and Construction 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mayor Taylor introduced City Manager Willis. and welcomed her to Boynton Beach. He also thanked Dale Sugerman and staff for the job that was done to keep the City moving on the dght track while the search was ongoing for a new City Manager. Proclamation - BOYNTON'S GREAT AMERICAN LOVE AFFAIR - March 21, 1997 through March 23, 1997 Mayor Taylor read a Proclamation declaring March 21-23. as Boynton's G A. LA. Review of the COMPREHENSIVE ANNUAL FINANCIAL REPORT for the fiscal year ending September 30, 1996 by Rob Wenners of ERNST & YOUNG Rob Wenners of Ernst & Young summarized the Comprehensive Annual Financial Report. This report contains four partswhich include the Introduction, Financial, Statistical. and Compliance sections. The Introduction contains the table of contents, [he transmittal letter from the Director of Finance and the GFOA Certificate of Achievement for the pnor year's report. The Financial section includes Ernst & Young's opinion on the financial statement. the combined financial statements of the City, the notes for those financial statements, and combining and individual fund financial statements. Ernst & Young's opinion on the financial statements is unqualified. In Ernst & Young's opinion, the financial statements are fairly stated in accordance with generally-accepted accounting principles. This year. the Police and Firefighters' Pension Funcls were audited by another CPA firm. When Ernst & Young does not audit 100% of the funds it is necessary to mention that fact. In any event, it is unqualified. The Statistical section contains schedules which include financia data and certain non-financial data that is significant to the City. The Compliance section includes a number of reports that are required either by the Single Audit Tax or by the Auditor General for the State of Florida. This section also includes a management letter and Ernst & Young's observations and comments for improwng internal controls or deficiencies in the operations. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Wenners thanked Diane Reese and her staff in the Finance Department for their cooperation and hard work in putting this together. Mayor Taylor thanked Mr. Wenners for the work he has done and for his comments relative tothe Finance Department. He is proud of the fact that our Finance Department gets an award every year for their preparation of our budget, etc. Report on PLANNING FIRM PRESENTATIONS made to the VISIONS 20/20 IMPLEMENTATION TASK FORCE by Robert Taylor Robert Taylor, Vice President for Finance and Treasurer with Bethesda Memorial Hospital, was present to represent the Visions 20/20 Implementation Task Force. Mr. Robert Hill was unable to attend due to a conflict in his schedule. Mr. Taylor realized that each Commissioner had an opportunity to review a letter that was sent to Dale Sugerman from Robert Hill that summarized the process the Task Force used to evaluate the firms from the standpoint of written proposals and oral presentations that were made on February 26. Mr. Taylor offered to present highlights and address questions from the Commission. Mayor Taylor felt the letter was self-explanatory. However. he pointed out that his back-up material included grading sheets for only one firm. He questioned why there were no grading sheets included for the other firms. Mr. Taylor explained that that situation was corrected today. All of the score sheets were sent to Mr. Sugerman today. In response to a question from Mayor Taylor, Attorney Cherof advised that the Commission does not have to accept presentations from all of the firms. However. the Commission should adopt a ranking and begin with Numbers 1,2, and 3. Mr. Taylor explained that the Task Force attempted to delineate the specific differentiating terms and values of their evaluation process of why Weiner and Maurici was selected. All of the firms had valuable qualifications, but the Task Force felt strongly that Weiner and Maurici demonstrated the capabilities and sustained commitment to make the comprehensive planning project very successful for the City. Commissioner Bradley questioned whether there was any discussion relative to the benefit or detraction based on a local firm versus an out-of-town firm. Mr. Taylor said City staff secured references for work that had been done previously by each of the firms and determined whether any of the firms had done work for the City. All of the reference checks were positive. However, there are pluses and minuses to that type 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4,1997 of approach. A firm that is familiar with the aroa has a great deal of insight into the issues that must be addressed in pulling together corem!unity support, and financing issues. A firm that is not familiar with the area may_-bring more objectivity to the process. Considering the comprehensiveness of the project, it is important to integrate all of the elements into the plan. The Task Fome is somewhat concerned about downsizing or imposing constraints in the planning process which might not be able to achieve the maximum utilization from a social and economic Stand point. Vice Mayor Jaskiewicz questioned whether there was any discussion about fees that might be incurred. Mr. Taylor responded negatively. That was a requirement of the statutes. One or two of the firms indicated the number of man hours that would be associated with the project. The time line ranged from eight months to twelve or thirteen months. Mike Friedtan d, 330 NE 26 Avenue, ~s a member of the Task Force, and added that a groat deal of effort, time and sincerity went into this process. Any of the five organizations would do a very good job, but this firm had a "homey" feeling. The firm ~s made up of women, different nationalities, and different races. He is anxious to see this project get underway quickly so that the Task Force can return to work. Mayor Taylor thanked the Task Fome for the work that was done in ranking these firms and supplying input. Attorney Chemf recommended that the scoring of these firms be done at a special meeting so that the Commission can provide the formal rankings. He further advised that the meeting must either be held prior to March 11, or after the Commissioners are sworn in. Vice Mayor Jaskiewicz suggested that the City Manager be given an opportunity to review all .of this material prior to the special meeting, and Mr. Taylor recommended that each of the firms be given approximately 45 minutes to one hour to provide their oral presentations and answer questions. Commissioner Bradley would like to hear the presentations of all four firms. The meeting was scheduled for Tuesday, March 11, at 6:30 p.m., in the Library. Each firm will be given 30 minutes to make a presentation, and 15 minutes to answer questions. UPDATE on WRICE PROCESS by Myra Jones 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Myra Jones, 311 NW 4 Avenue, welcomed City Manager Willis. On behalf of the Wrice Process, she thanked everyone who has been supportive over the last two years. In the very near future, rvls. Jones will place an article in the newspaper thanking everyone invc Ired. This Process is made up of 350 cities. _Boynton Beach is on record as having the only Police force that supports the Wdce marches 100%. Boynton Beach also goes on record as having the only City Commission that supports the marches 100%. As part of a mandate by Herman Wrice, the Boynton Beach group has adopted a Fort Lauderdale group. Once each week, Fort Lauderdale is visited by someone in the group. Ms. Jones tries to be there as much as possible. Ms. Jones was in possession of a certificate which will make the adoption official. She said she would present it to the Commission for review and signature. She explained that the Fort Lauderdale group was not yet present because she gave a different time to be present. Ms. Jones is proud thatrthe Wrice Process in Boynton Beach is in keeping with the national theme which is based around helping young people grow and mature. The Wrice Process Youth Golf Group has been organized. They have been successful with a clinic. There are 18 at-risk children participating in this golf tournament. Ms. Jones commended Charles Frederick for overextending himself into thee minority community. She presented a trophy to the Commission to be placed in the trophy case in City Hall that was given to this golf group. Ms. Jones explained that the Wrice Process has moved up an additional step by instituting Ihe COP program. Ten men have signed up recently, bringing the total number of participants to 19. Those members will be present later in the evening. Ms. Jones thanked the Commissioners for their support during the last two years, n May, the young people will have a banquet. She will be back requesting the use of a facility to hold this banquet. At that affair, the young people will be g~ven a small token of appreciation. This may be in the form of a book. She will be contacting the local libraries about this. Mayor Taylor announced that Ms. Jones has remained active in the Wrice Process which has had some very good successes in this City. He thanked her for her continued effort. VI. BIDS: None vii. PUBLIC HEARING: 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4,1997 PROJECT: AGENT:: OWNER: LOCATION: DESCRIPTION: Boulevard Center T.N:~ Fn Charles Putman and Associates, Inc. Howard S. Scharlin Trustee South side of Boynton Beach Boulevard. between South Leisureville Boulevard and Northwest 8th Street LAND USE PLAN AMENDMENT/ REZONING/COMPREHENSIVE PLAN TEXT AMENDMENT - Request to amend the Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial. rezone from R-l-AA (PUD) to C-2, Neighborhood Commercial, and amend Area 7.a of the Comprehensive Plan Future Land Use Element to allow commercial use. Motion Vice Mayor Jaskiewicz moved to remove this item from the table. Commissioner Tillman seconded the motion which carried unanimously. Attorney Cherof advised that the Boulevard Center, Discount Auto Parts at Shoppes of Woolbright PCD. and the Food Court at Shoppes of Woolbright PCD are quasi-judicial items. He administered the oath to all who would be testifying this evening. Bradley Miller, of Charles Putman and Associates, Inc., 4722 NW Boca Raton Boulevard, Boca Raton, Florida, is the planner for the project. He has been a planner for 12 years and a member of the American Institute of Certified Planners. He has handled projects like this one in Palm Beach County and [hroughout South Florida for the ast seven years. Mr. Miller questioned whether the City's file and original application will be part of the record. Attorney Cherof advised that that information is not part of the recoro because it is not part of the Commission back-up package. Mr. Miller can make it part of the record. Also present were Michael Morton, representing the owner, and Bill Boose, of the law firm of Boose, Casey & Ciklin. for this application Mr. Miller made the presentation. He advised that other uses in the area are the funeral home on the east, with vacant property between the two uses, a 7-11 Checkers, Casablanca Apartments to the north, Palm Beach Leisureville to the west, and single- family residential and a 3.5 acre park parcel to the south. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 The applicant has agreed to a lesser request than what was initially applied for. Since the staff recommendations and report came out, and because of public concerns expressed at the Planning & Development Board, the applicant has reevaluated that situation and agreed to staffs alternative recommendation that the northern 220' of the parcel be land use changed to a Professional Office designation and thezoning change be to C-1. Once this was agreed upon, the applicant sent notices to all of the residents in the designated area that were required to be noticed of the public hearings. The applicant included the differences between C-2 and C-1 zoning. C-2 zoning .is established for typical retail uses of restaurants, gas stations, and Convenience stores which are more intensive commercial uses than what is allowed in C-1 zoning. C-1 zoning allows professional office type uses, and some schools, it is provided to allow a transition between [he more extensive and intensive retail uses into the residential neighborhood. The applicant is committing to a 10' buffer where the pamel is adjacent to any residential. This will include the west and south sides of the parcel. Within the 10' buffer, the applicant will install a 6' high masonry wall. Canopy trees wil be planted, spaced every 30' on center. There will be a continuous hedge and ground cover. On the west side, the wall will be set off the property line approximately 5' because there is a utility easement on the Leisureville property side that is only 5' wide. There was some concern that if a wall goes up, that 5'-would not allow enough room to maneuver and if work was necessary. VVhen the request was for the 2.5 acres, there were approximately eight lots along the west side. This new request reduces that number to one plus not quite a second. This request will minimize the impacts to the adjacent property to the west. On the east side, the property is zoned C-2. The modifications that are proposed in going to C-1 are consistent with the criteria of amending the Comprehensive Plan. (Mr. Miller submitted this information for the record.) VVith regard to the Conditions of Approval, Mr. Miller addressed the following: Comment #6 - The last sentence of this comment has a typographical error and should be modified to read as follows: "Along the west property line, the wall shall be located 5 feet east of the property line so as not to conflict with the adjacent utility easement." Comment #1 - This condition identifies the northern 220' of the parcel being changed to the Office Commercial designation and C-1 zoning district. The 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH4,1~7 applicant has a problem with the latter part of this condition. There is a recommendation that a unified development plan be worked out with the adjacent property owner. The applicant has no control over the adjacent property owner or property to the east. The applicant cannot commit to this condition. Furthermore, the applicant does not know if the property owner knows about this condition which would have implications on his property. When site plans are being worked out, if there is a way to work with that property owner, the applicant is willing to do that. However, the applicant cannot accept anything after the second line of this condition. Comment #4 - This comment identifies the uses that would be established and permitted on this parcel. Since the a pplicant's commitment to do C-1 zomng, the uses have been a focal point of this parcel. The applicant has addressed this issue. Mr. Miller met with Mr. Morton after the Planning & Development Board meeting and reviewed the uses of the C-1 zoning district. They eliminated the uses they felt were not appropriate for this oarcel. Those uses include churches and other places of worship, funeral homes with a Crematorium, hospitals, nursing/convalescent homes, copying services, restaurants, barber shops, beauty salons, manicurists, tailors, and dental laboratories. Comment #4 also prohibits funeral homes, pharmacies, sale of medical related supplies, instruction or tutoring, nursing homes, nursery schools, and day care centers. The applicant feels these are appropriate uses to this site. They are uses that will not be intrusive to the nature and intensity of this area. and they are uses that will comply with the hourly limitations for use of the building stated in Comment #4. Mr. Miller rea uested that funeral homes, pharmacies, sale of medical-related supplies, instruction or tutoring, nursery schools and day care centers be permitted for this parcel. Vice Mayor Jaskiewicz feels there is nothing more inappropriate for this street than nursery schools or day care centers. The location of this parcel is on a bend in the road of one of the busiest streets in this City. In addition, she does not believe the space on this parcel would permit such a use. Mr. Miller feels that the applicant has come a long way since the first application was submitted. He urged approval of this request. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Vice Mayor Jaskiewicz confirmed with Mr. Morton the land dedicated to the City for a park has no reverter clause. Tambri Heyden, Planning & Zoning Director, has been the Director for Planning and Zoning for three years. She has 12 years of municipal planning expenence and is a nationally certified planner as a member of the AICP. When the application went before the Planning and Development Board in November, it was recommended for denial under the original proposal which included the entire property. It was proposed for C-2 zoning. This property has been through a number of applications over the past five years, and all of them have either been denied or withdrawn. When staff evaluated this piece of property, they saw the issues as being the impact on the residential area and on developing the remainder of the area that is not built. If this property is developed as commercial, it would delay or preclude those properties being developed for residential. When small properties are developed for commercial use, the resu It is an inefficient design because the parcel must be served with the necessary access requirements, service requirements, loading, etc. In order [o move those kinds of vehicles around the site. two entrances are needed. This property, because of its location on Boynton Beach Boulevard, has a visibility problem for access. We have received information from the CounTy that althougi~ there is a curb cut, there may be a potential for that median cut to be reassessed. There are two streets that dead-end this property to the east. Staff supports C-1 zoning with the conditions outlined in Comment #1. We require cross- access for other parcels to m nimize the access problem on major thoroughfares. There isone vacant property to the east, and one property that has a home on it that is zoned commercial. This texl amendment, which must be advertised, would inform the property owners of the Shared-access, cross-access and entrance conditions being suggested. When staff evaluated the uses. they looked at the impact on the adjacent residential. The uses that have been excluded by staff, and which the applicant wishes to include, will generate a large number of patrons at one time. That translates into access problems and noise. Ms. Heyden stands behind the uses she supported, and the design considerations included in Condition #1. In response to Mayor Tayior's question. Ms. Heyden advised that the parcel in question does not abut to the funeral home on [he east side and it does not have a common property line. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Jean McNally, 128 NW 10 Court, moved into her house last April, and invested $20,000 OVer the purchase price. Prior to moving into the house, she investigated and learned that this vacant property was zoned residential. This owner also knew it was zoned residential. She does not understand why that zoning should be changed. She protested this request. She feels this is another case of "the little guy getting the raw end of the deal". Richard Kerr, 148NW 10-Court, advised that several months ago, the residents of this area started a petition of protest for changing this to commercial property. That petition contained 100 or more signatures. For the record, Mr. Kerr submitted a sketch showing how this property could be developed for residential use. There would be no need for an entrance on Boynton Beach Boulevard. The cars could enter from either NW 1st Avenue or Ocean. This property would remain R-l-AA. This project was denied five years ago, and he is hopeful that it will be denied again. Lee Wische; 1302 SW 18 Street, welcomed the new City Manager and wished her success. Mr. Wische was askedbythe people of Leisureville to represent them. He does not represent 4,500 people. He meets every morning with 12 to 20 people, from 7:00 a.m. until 8:30 a.m. These people are a cross-section of all of Leisureville. He receives input from them on a number of subjects. He is representing the overal picture of Leisureville. When Mr. Wische was on the Commission in 1989-90, this application was not defeated. When Mr. Morton saw that things were not going well, he asked for it to be taken off the table. The Planning & Development Board voted unanimously to reject this request. In looking down 8th Street. which becomes Old Boynton Road. from Ocean to Congress Avenue. it is already established as a residential area. The area across from the proposed s~e (Casablanca Apartments), is established as a residential area. On the east, there is a,funeral home. On the west is Leisureville. The residents of Leisureville are concerned about rezoning this site. They do not want to deny Mr. Morton the opportunity to build. However. they are requesting that he build R-l-AA. Approval ef this request will have an affect on the largest populated community in the City. He does not think this area is appropriate for commercial. Fred Meyer, 118 NW 10 Court, will be affected by this development. There are many older people in this area who like to walk on the streets. This development will bring traffic to the streets and cause many problems. Mr. Meyer disagrees with the proposal. Jack Micallef, 146 NW 10 Court, s a retired professional safety engineer. When he purchased his home, he was told this land was zoned residential Dick Kerr drew a plan of homes that would fit in nicely. He is not only concerned about the entrance from Boynton Beach Boulevard. Many children walk this route on their way home from school. Bringing traffic into the area will create a serious problem. He would like to see the land 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 developed as residential or develop another entrance to this property from 8th Avenue. The average speed on the road is 60 mph. The turn into Leisureville is curved and there is a blind spot. That situation must be studied. Commissioner Titcomb shares concern with the legal department that Comment #1 of this proposal puts forth a condition (unified development plan with adjacent property owners) that may not be legal or possible to do. He further questioned whether the Planning & Development Board has had an opportunity to review this reduction from C-2 to C-1 with limited uses. Commissioner Titcomb said he drives this road everyday and is very concerned about the traffic speed and cross-over at the corner. He further feels that there is a tremendous difference between a professional office and a day care center. He would be concerned with allowing some of the uses the applicant would like to include in C-1 zoning. Commissioner Tillman agreed with remarks made by Commissioner Titcomb. In addition, he cannot support this request for the following reasons: 2. 3. 4. The area has been zoned for residential use; the multiple uses the developer wants to include for the parcel; the blind spot creates a visual problem; and the size of the parcel .for the uses suggested. Vice Mayor Jaskiewicz thanked Mr. Miller for keeping her abreast of any changes that have been made. She is concerned because of the visioning process of the City. It is possible that the planners may find that this area is perfect for C-1. However, she feels the planner should be given that option. In addition, she has concerns about residential on this parcel if they must enter off Boynton Beach Boulevard. She would not support this request unless the staff conditions of approval are adhered to. She would only support a professional office on this site, with no other variations. Qommissioner Bradley questioned whether there were any comments, from a safety standpoint, about the bend in Boynton Beach Boulevard. and the fact that there is a blind spot. Was there discussion a bout the construction of a slow-down lane to turn onto the property? Ms. Heyden advised that this application does not go to the TRC. A traffic study is required, but the County only looks at the number of trips to determine if it meets the County Ordinance. Ms. Heyden advised that with respect to Condition #1, this is the first time she has heard remarks about the legality of the recommendation. If this recommendation is not legal, she 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 would recommend a limit of one entrance on Boynton Beach Boulevard, and one entrance on NW 1 Avenue which presently dead-ends the property. Commissioner Bradley inquired about the viability of access from the rear of the property if this was developed residential. Ms. Heyden feels that with proper signage on Boynton Beach Boulevard, it could work. She believes the properties can be developed for residential. Ms. Heyden confirmed for Mayor Taylor that the Planning & Development Board reviewed the application for C-2 zoning for the entire property, This is a new proposal. Mayor Taylor is concerned about the fact that the Planning & Development Board has not provided input. Mir, Miller explained that the recommendation of going to C-1 on the northern 220' was ~ncluded in the staff, report to the Planning & Development Board. Ms. Heyden advised that the board did not discuss that option because they did not feel it was viable. Mr. Miller advised that the plan presented by Mr. Kerr could not be approved according to today's zoning. The minimum lot size required is 8,000 square feet. His plan calls for a 5.5' x 100' lot which would be 5,500 square feet. From a marketing standpoint, the project would be killed if there was no access to Boynton Beach Boulevard. That is the exposure to this property regardless of whether this is commercial or residentia The curb cut is in olace and there is a traffic light on SW 8th Street, With regard to the uses. the applicant could agree to Comment ¢4 which addresses the uses and lists the prohibited uses. In addition, there was concern on Comment #1 about p~oviding some developability with the adjacent properties. The applicant would agree to a ~reciprocal access easement. That would be a stub-out driveway to the property to which thie owner could connect. There would be cross-access easements for both parties. The applicant can look into the potential of a deceleration lane. If it is the Commission's preference, the applicant can go back to the Planning & Development Board to readdress the application as C-1. That will also offer the opportunity to investigate some of the other comments. Cpmmissioner Bradley suggested tabling this item to give the Planning & Development BOard and the applicant every opportunity to get input. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Commissioner Tillman agreed that this application is totally different from the original application submitted in November. He feels this project should be reviewed by the Planning & Development Board. Mayor Taylor agreed, but pointed out that the majority of the people do not want this property developed in a commercial manner. They want it to remain zoned residential. There is a tremendous amount of commercial development in progress near Woolbright Place. When the people bought these homes, they did so because it was a residential area. Allowing commercial on this site may not be fair to the residents. Mayor Taylor supports residential development in this location. Vice Mayor Jaskiewicz suggested tabling this request, and sending it back to the Planning and Development Board as the new plan presented. However, she concurred with Mayor Taylor's remarks. MOtion Commissioner Bradley moved to table this application, and it be remanded back to the P~anning & Development Board. Vice Mayor Jaskiewicz seconded the motion which carried 3-2. (Mayor Taylor and Commissioner Tillman dissented ) Viii. PUBLIC AUDIENCE: Myra Jones introduced the Fort Lauderdale group of the Wrice Process that has been adopted by the City of Boynton Beach. She said this group has grown to 68 individuals. They have been doing wonderful things, and Boynton Beach is proud of them. In addition, she introduced the members of the COP program. Mayor Taylor advised that when we began the Wrice Process in Boynton Beach, Pompano Beach adopted us, He wished them the best and advised them to stick with the program because it will pay big dividends. Mayor Taylor commended the COP Program volunteers, and explained that many of the ol~her COP Programs throughout the City are reaping big benefits. Vice Mayor Jaskiew~cz advised that at the next Commission meeting, there will be discussions about a centralized office for the COP Program. A computer will be located in that office containing the necessary information. This office will also provide a meeting place. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Bill Lynch, 1912 SW 16 Avenue, President of the Boynton Leisureville Community Association, thanked the Commissioners for their consideration of the petit!on that was presented relative to the greenbelt on the east side of the E-4 Canal. He thanked Commissioner Titcomb and Scott Blasie for all of their work, and commended the Commission for doing a fine job. Mayor Taylor requested that Mr. Lynch be provided with copies of the written response provided by Scott Blasie. Mr. Lynch said he will call a meeting of the concerned citizens in Boynton Leisurevitle. and perhaps Commissioner Titcomb will attend that meeting. Dee Zibelli, 441) Ocean Parkway, was unable to attend the Community Development meeting relative to the entitlement funds from the federal government. She advised that in 1984. her homeowners' association, residents of VRG and Cherry Hill, and Sam Wright petitioned the County to widen Seacrest Boulevard from the canal to Hypoluxo Road. With the help of the Commission and lobbying of the residents, ,the County agreed to widen Seacrest if the City would provide $50,000. Seacrest was started in October of 1986. At this time. Ms. Zibelli is suggesting a median with Iow maintenance shrubs and trees to upgrade the appearance of Seacrest and to bring pride to the neighborhood. There is a fu;ll lane in the center which is now used as a turning lane. Curbing and curb cuts can be constructed ~without reducing the footage of the other lanes. The residents of the area are aware that people now park in that center lane while they unload their groceries. In addition, people stop their cars in the lane, and get out to talk with other people. It is also used as an extra driving lane to go from street to street. Since 1987, Federal. Highway, Woolbright Road to Congress, Boynton Beach Boulevard, Congress Avenue and 22nd Avenue have been beautified. However. there is no beautificatiorn from Hypoluxo Road. She requested that the Commission indicate their interest so thal the residents Will lobby th~eir County Commissioners to put this project in the County I~udget. The residents are anxious to begin. Ms. Zibelli feels this beautification project woul~d also help the sale of property in Quantum Park. Bill Gulbrandsen and Chris Wandell thanked the Commissioners for their support n allowing the Fire Department to use the property on Federal Highway for fire training at the Sandpiper Motel. Mayor Taylor, Commissioner Titcomb and Dale Sugerman participated. The City had excellent cooperation from all of the agencies involved. He thanked Chief Ness I:or this opportunity. The developer has already begun to demolish four of the buildings where the training has been completed. Training will resume tomorrow and be completed on Thursday. He extended an invitation to anyone who did not have an opportunity To attend. Mr. Gulbrandsen presented photos of the event to Commissioner Titoomb and Mayor Taylor. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Wandell said the Commissioners and Mr. Sugerman were the first people he has trained in the process of putting on the gear. He was very proud of the Fire Department and encouraged the other Commissioners and City Manager to attend. Mayor Taylor thanked the Fire Department for the opportunity to participate. He pointed out that it was quite an experience. As a result of that experience, he has nothing but admiration for the Firefighters. He was gJad to have had the opportunity to participate. Commissioner Titcomb commended Chris Wandell for taking the time to provide the training, It was a unique experience. Mr. Gulbrandsen advised that by the time they are done, the Fire Department will have trained over 120 Firefighters. The Town of Lantana is also participating as well as the Explorers. He appreciated the Commission's support since this is the kind of training that we cannot pay enough for. Mr. Gulbrandsen thanked Scott Blasie for helping to organize this opportunity, MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:50 P.M. IX. DEVELOPMENT PLANS: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Discount Auto Parts at Shoppes of Woolbright PCD Michael Morton. Morton Group, Inc, Howard R, Scharlin, Trustee East side of S.W. 8th Street, approximately 300 feet north of Woolbright Road SITE PLAN - Request for site plan approval to construct a 6.492 square foot automobile parts store on 0.64 acres in the Shoppes of Woolbright PCD Bradley Miller, Planner for the applicant, Michael Morton, representing the applicant, and Bill Boose, were present. Mr. Miller advised that the engineer and architect were also present. This is one of the parcels that is part of the Shoppes of Woolbright PCD. It is on SW 8th Street, just north of Woolbright Road. The application has gone through the TRC on a number of occasions since it was submitted in May. The number of conditions of approval have been narrowed down after working diligently with staff. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Comment #5 - Mr. Miller requests clarification of this comment since it calls for plans and permits to be submitted. Plans are already being processed through the Building Department to obtain preliminary comments and expedite the process. Comment #22 - This comment pertains to reflecting a median cut on the master plan. The applicant will show that median cut on the master plan. They would like to limit itto the master plan and not have to resubmit site plans and design plans to show the median cut. This median has already been permitted and they will show it on the master plan when it is rectified. Comment #25 - This comment requires a variance for the setbacks. That variance was approved by the Board of Zoning Appeals. Comment #29 - This comment refers to the landscape plans. There has been a comment and suggestion about the landscaping for these three parcels (Burger King, Discount Auto, and the Food Court). The applicant would like to accom plish a consistent theme througnout ail three of these outparcels. Comment #33 - This comment refers to a landscape buffer to be installed. The first bullet item refers to a buffer along Woolbright Place where the old SW 8th Street right-of-way was located. That buffer isin place, and was put in place by order of the COmmission at the time. A permit is being filed retroactively, and is in process now to implement the andscaping along that buffer. Comn~ent #21 - Discobnt Auto is a national company. They have their own identity of ho~ they market their products and their ability to conduct their business. This comment refers to the Burger King approval, and refers to the architectural consistency based on that approval. Mr. Miller advised that Burger King is considering stopping work and reevaluating the site. Comment #21 bases architectural theme and design on a project that might not hapPen. The applicant agrees with the first bulleted item in Comment #21 to use a matte finish on the mansard roof instead of the glossy finish. The applicant has also agreed to put the mansard r, oof on three sides completely (the west, south and east), and wrap it around the corner 14 or~ each side on the north side (loading area). They will use a black band as opposed to the yellow The split block is gray. The lettering will be red. The second ~ulleted item talks about the walls. Because of the Discount Auto nationa theme, their preference is to continue with a development plan that is working for them. Their preference would be not to have to incorporate windows or window treatments (real or false) into this design. However, the applicant is willing to discuss including windows, 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 or window treatments, as part of the design along SW 8th Street as well as on the south of the building. The third bulleted item addresses the landscaping. The applicant intends to be consistent with the landscaping for all three of these parcels. With regard to color. Discount Auto would prefer that the color gray of the split block be permitted. The pale peach or cream suggested is unacceptable. The applicant is willing to discuss a lighter shade of gray. M.r. Miller pointed out that the architectural design, and tying in with a Burger King plan. is qot necessarily an ideal architectural theme that anyone would want for this City. The applicant has tied in some consistency with the use of the standing seam roof and andscaping. The applicant is proposing harmony in the design aspects of shared d[iveways. The applicant feels he has addressed the consistency issue. Mr. Miller pointed out that Discount Auto has made quite a few concessions to get to this point. Tambri Heyden, Planning & Zoning Director. made the City's presentation and responded to Mr. Miller's comments. Comment #5 is a standard comment that the Engineering Department always makes. At the time of applying for permit, all agency approvals must be obtained at the same time. Mr. Miller confirmed that the applicant has already initiated this process to get preliminary comments. Comment #22 - Amending the site plan drawings - She pointed out that if the site plan drawings are not amended and the applicant relies only on the master plan drawing for the median and deceleration lanes, the site plan drawings would present a conflict with the modified master plan drawing. Ms. Hoyden said the City is requiring that both plans match Mr. Miller advised that the median has already been permitted. The site plan for Discount Auto complies with the location of that median cut by permit. The rectified master plan will match up with the site plan under consideration at this time. Ms. Heyden reiterated that the City wants all three drawings (permit. master plan and site plan) to match. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Miller feels this will be accomplished with the reflection of the median cut on the master plan. Ms. Heyden suggested that the last sentence of Comment #22 be revised to read, "Master plan, site plan and permit drawings shall match with respect to median and deceleration lane." Michael Morton asked for clarification. He explained that the site plans for Discount Auto, the Food Court and Burger King are not. dependent on what happens in the median: As part of the approvals, the applicant already has an approved median opening and a permit for it. The applicant has agreed to construct the median opening as per the permit. With regard to the comment relative to the applicant coming back to rectify the master plan to include the median opening and deceleration lane (southbound left turn lane), that will be accomplished when the master plan is rectified. Mr. Morton feels the comment is superfluous because the applicant will rectify the master plan which will show the southbound left-turn lane into this property, along with the median opening, exactly as approved on the permit. This project does not need the left-turn lane even if it was not there. Tha~t is the reason why it is not shown on the plan. Ms. Heyden was of the opinion that the applicant might have had a drawing in the submittal that showed the off-site improvements in the area that do not match with our permit, Mr. Morton disagreed. He explained that all of the drawings match and that will be shown on the master plan. The engineer for Discount Auto commented that the left-turn lane is really a function of Burger King -- not necessarily a function of his plan. That left-turn lane was permit,ted with the Burger King plan, He feels it is superfluous for him to redo the site plan for something that has already been done. Mr. Morton feels this is something that can be done administratively. Ms. ~leyden reiterated that the City does not want the plans to be conflicting. While she is not requesting new drawings, she ~s requesting that all drawings that have been submitted match. Mr. Morton, was in agreement. Comment #25 - Ms. Heyden confirmed that the Board of Zoning Appeals approved the setback variance; therefore, this comment has been satisfied. Comment #29 - The City is requiring that a summary be added to the data table and landscape plan that indicates how the applicant calculates the required shrubs. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FLORIDA MARCH 4, 1997 Mr. Miller was agreeable to this comment. Comment #33 - Although the Commission required the buffers to be installed, permits are required. The buffer was put in without the permit. The permit is now in progress. Ms. Heyden agreed with the applicant's attorney to extend the timing of this to CO rather than building permit. Since the permit is in progress, Ms. Heyden does not anticipate any problem. Therefore. the comment should remain as written. Vice Mayor Jaskiewicz advised that the quality of that buffer is a constant source of concern in that area. Mr. Morton explained that the buffer looks like the plan that was approved by this Commission and attached as an agreement between Leisureville and the developer. The plan called for a different size plant material than those planted by Cracker Barrel and RaceTrac. There is a different size hedge material planted from the north side of the lake to Ocean Avenue because that is what the agreement called for..The agreement called for a 7-gallon Ficus hedge in one location, and a 3-gallon Ficus hedge in the other location. with the idea that the 3-gallon will grow to 7-gallon. In addition, Mr. Morton advised that the entire area is under the maintenance of the Woolbright Place Maintenance Association which is corn prised of Trammel-Crow. who owns 50% of the responsibility for the maintenance. Kennedy Homes now owns 25% of the responsibility, and the First Baptist Church owns 25%~ While Mr. Morton agrees that this area is not bei[~g maintained, he no longer has any control over this situation He recommended that Trammel-Crow be contacted at their rental office at the Vinings. Ms. Heyden further added that because there was no permit, there has not been an inspection. Once the inspection takes place, the maintenance will be taken care of. Attorney Cherof recommended that the Commission include Comment #33 in the conditions of approval to ensure that this situation is taken care of. Comment #21 - The applicant has agreed to Bullets #1 and #3 of this comment. Bullet #2 refers to the blankness of the west. south and north elevations. These walls contain no windows and no articulation, other than the extension of the mansard around three sides of the building. The three elevations are h ghly visible. Because of the elevations of these parcels, there will be customer traffic around the entire perimeter of these buildings. There is a Community Design Plan requirement that the rears of buildings be designed as attractively 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH4,1~7 as the front of the buildings. Staff has provided suggestions on how to accomplish this. At present, the plans reflect a split concrete block, which is an upgrade from stucco. However, from a distance, the joints between the split concrete block do not provide the appearance of breaking up the blankness of the wall. If stucco is used and control joints are incorporated, an appearance can be achieved that will break up that look. Ms. Heyden agreed to concede to the elimination of the comment with regard to the color gray. Her concern with the color related to the fact that these parcels are very small and close together. Ms. Heyden felt this color was very dark and the building needed to be lighter since dark colors make small buildings look even smaller. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Commissioner Bradley feels it is important that all elevations appear attractive. He would like something incorporated to break up the stark look of the walls. With regard to the color, Commissioner Bradley pointed out that we want a cohesive look in the development. He thought it might be necessary to addreSS the Food Court also when talking about schemes and colors. He is open to doing whatever it takes to make these projects look compatible. In response.to Mayor Taylor's question about Burger King, Mr. Morton advised that the Burger Kiag Corporation has a conflict with the franchisee. The conflict is related to the way the building is situated on the site. They are working to resolve that issue. A revised preliminary site plan has been submitted to Planning. Mr. Morton is not certain that plan will satisfy Bu[ger King Corporation. However, at this time the project is stalled. With regard to the issue of amhitectural corn patibility, Mr. Morton agrees there should be some compatibility between parcels within a commercial development. However, there are usually cc~rporate users involved in outparcels. He reminded the Commissioners that Longhorn Steak House and Hops do not ook alike, and they are located side-by-side. Diiscount Auto has a corporate image. They have agreed to the mansard roof which is compatible with Burger King. They have also agreed to switch to a black matte finished band at the request of the Planning & ~Zoning Department. The architect has agreed to incorporate window treatments that will break up the blank facade on three sides. Mr. Morton feels Discount Auto has made a lot of concessions to make this project compatible. The Food Court has changed from a blue double-hip roof to a single-hip roof with a bronze fimished standing seam metal roof. This is the same roof being used by Burger King. The building is stucco with a canopy and tile band. They are attempting to use the same colors 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA MARCH 4, 1997 for the storefront and windows used by Burger King. If Burger King moves forward, all three projects will have some compatibility of design. Mayor Taylor feels that when an entire project is constructed at one time, it is much easier to design the buildings to be compatible. This project has come in one segment at a time. Some things can be done with colors and landscaping. He feels there is an attempt to do something with landscaping. He feels the applicant is working to make the projects compatible by including the mansard roofs and landscaping. The applicant has agreed to include window treatments (real or false). He feels the applicant is trying to get some consistency in these projects. Vice Mayor Jaskiewicz questioned why the mansard roof is not continuing around the fourth side of the Discount Auto, Ms, Hoyden advised that staff is only requiring the mansard on three sides. Commissioner Titcomb recalled previous Commission discussions about the four-sided mansard roof when Burger King came before the Commission, The argument involved the fact that these parcels have heavy traffic on all four sides. Mr. Morton confirmed that there are no doors on the eastern (rear) elevation. This is not a heavily trafficked elevation since it is the parking lot side of Home Depot. This is the furthest part of the parking lot from Home Depot. The applicant addressed the Planning &iZoning Department's comments by providing the mansard on three sides. The applicant extended that mansard part of the way around the fourth side. This side of the building is in compliance with the recommendations set forth by the Planning & Zoning Department and the Planning & Development Board Mayor Taylor confirmed with Ms. Hoyden that. at this point, it appeared that the only remaining unresolved condition was Bullet #2 of Comment #21 since she agreed to drop Bullet ¢h4 concerning the building color. Mr. Morton agreed to include three windows (real or false) on each of the three elevations. That will provide a break in the elevation. These windows may be 2' wide by 4' or 5' high and they will be 6' above the sidewalk. Ms. Heyden questioned whether Mr, Morton was making this offer in addition to the control joints on the stucco. Mr. Morton responded negatively since the applicant is using split biock on all four sides of the building. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, t997 Ms. Heyden feels something in addition to the windows is needed to break up the walls. She recommended insets if the applicant uses split block, or suggested that the applicant switch to stucco on that side of the street. Mr. Morton asked for clarification because he interpreted Ms. Heyden's remark to mean that she was requiring stucco on one side of the building with split block on the other three s~des. He pointed out that the split block has never been a problem in the eight months this project has been in review. He pointed out that the RaceTrac building is gray split block with no windows or control joints. Gray block will not take control joints. If three w~ndows are included on three elevations, there will be a break up. It will be a totally different building from what Discount Auto has as their corporate image. With regard to Comment #33. Mr. Morton recalled that Attorney Cherof recommended including the west buffer of the PUD as part of this approval process. He explained that the west buffer is part Of the PUD, not the PCD. That comment should be eliminated from this development order because the PCD cannot rely on what happens in the PUD. The City has remedies in the PUD to take care of that buffer. The C~ity can advise them through Code Enforcement that they are not maintaining the buffer. In addition, that hedge was installed under the license agreement and approved as per the license agreement. It was the applicant's contention that the hedge wasput in by Commission order, and was not subject to the permit process. That hedge was inspected amd accepted by Leisureville when it was installed. The applicant is willing to maintain and look into any deficiencies, but it does not belong in the PCD approval. Mr. Morton would like that reqJirement eliminated. Discount Auto has nothing to do with the PUD. The PUD is Trammel- CrowNinings and the Woolbdght Place Master Association. They are responsible for the maintenance in the PUD. This is not a common area for the PCD, and the PCD has nothing to do with that site. Ms. Heyden disagreed. She advised that the Lract that is being referred to buffers a common area that provides drainage for both the PUD and the PCD. Normally, projects can be broken up. However, this project is tied in a number of ways. A lot of the infrastructure on these projects is tied together. Therefore. it is a logical conclusion that the buffer should be tied together. This buffer was supposed to be in 21 months after the property was platted in 1990. It is now 1997, and the project ~s reaching buildout; therefore, it is time to get the buffer the way it should be. Mr. Morton disagreed with Ms. Heyden's remarks about a comment stating the buffer had to'be put in 21 months from 1990 Mr. Morton said the comment is in the 1995 agreement that said it must be put in 21 months from November of 1995. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mayor Taylor had no objection to the walls as long as the windows are installed. He does net have an objection to the color gray. With regard to the buffer, the comment needs to remain as a condition of approval. Vice Mayor Jaskiewicz concurred with Mayor Taylor's remarks. Commissioner Tillman feels the applicant has come a long way based on the national design of Discount Auto. He had no problem with the walls. However, the buffer needs to be put in. Vice Mayor Jaskiewicz does not agree with Bullet #4 in Comment #21. She cannot envision a Discount Auto Store being pale peach. However, she felt there would have been a much more attractive contrast with the black mansard roof if the color gray was lighter. Mr. Morton pointed out that the national color is the gray that was submitted. Perhaps a different shade of gray would look better, but he believes the color of the building should remain as submitted. Motion COmmissioner Bradley moved approval of the site plan approval for Discount Auto Parts at the Shoppes of Woolbright PCD subject to staff comments incl usive of Comment #33 and reflecting Comment #21 that the gray proposed by the applicant is acceptable, that the sPlit block is acceptable, and that the windows or window applications as suggested by the applicant would be part of the approval. Commissioner Tillman seconded the motion. Attorney Cherof confirmed with Mr. Morton that there will be not less than three windows on each of the three elevations not less than 2' x 4' minimum each (8 square feet) in size tel break up the blank walls. The motion carried unanimously. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Food Court at Shoppes of Woolbright PCD Michael Morton, Morton Group, Inc. Howard R. Scharlin, Trustee East side of S.W. 8th Street, approximately 450 feet north of Woolbright Road SITE PLAN - Request for site plan approval to construct a 3,710 square foot food court building on .49 acres in the Shoppes of Woolbright PCD 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Bradley Miller, Planner for the applicant, addressed only the comments he had problems with. They are: Comment #8 - Mr. Miller requested clarification of the meaning of this comment. Comment #25 - This comment refers to roof signs being prohibited. The applicant is not proposing a roof sign. The sign proposed is consistent with many other projects w'r~hin the City where there is a mansard roof and a parapet that extends from the roof line with the lettering on the parapet. Opti-World and Mama Jennie's were used as exam pies. Comment #28 - This comment refers to the architectural design. The applicant's comments with regard to consistency that were presented during the Discount Auto presentation are the same for the Food Court. The applicant explained that this project originally proposed a double-hipped blue roof. They have changed this to a single~hipped roof with a small parapet at the top. The material to be used will be a bronze metal standing seam roof. The awning fabric will be more consistent with the red in the lettering. The darker color will be used for the window treatments. Comment #32 - The applicant obtained a variance approval in regard to the setbacks. Comments #37, 38, and 39 - With regard to [he requirement of doing the Landscape Plan, the applicant would like the timing changed to read that it be prior to the issuance of Certificate of Occupancy for the Burger King building or prior to issuance of building permits for Discount Auto or the Food Court, whichever comes first. · Comment #41 - The samples will be left with the Planning & Zoning Department. Comment #43 - This comment requests an approval letter from Palm Beach County relative to a revised ~raffic study. The applicant is working on that now, and agrees to the comment. Ms. Heyden addressed Comments Nos. 8.25, 28, 37, 38, and 39. Comment #8 - The plans must be revised to reflect the comments. This is a standard comment made bythe Development Department. Any conditions ofthe development order that are herein allowed to be postponed without a CO, can be postponed at the time of CO rather than permit issuance. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 This comment was acceptable to the applicant. On the issue of trying to coordinate landscape plans between the three parcels, Mr. Morton said this might take extra effort than before building permit. The applicant would like the comment to reflect Certificate of Occupancy which would prevent the business from opening. Mayor Taylor questioned whether Mr. Morton's remarks also related to Comments #37, 38, and 39. Mr. Morton responded affirmatively. Mr. Morton advised that the applicant has already spoken with the landscape architect for Burger King, and he has agreed to meet with the applicant. However. he has not met with the applicant yet. Mr. Morton hired the same landscape architect for the Food Court and Discount Auto to avoid having three different landscape architects. He pointed out that they are still at the mercy of Burger King. The City has a way of holding up the Burger King CO if they do not corn ply with this condition. The applicant does not want to be i~ jeopardy in picking up the permit. Discount Auto has their plans in for permitting at this time. They have addressed most of the comments made by the Building Department. At this point, what remains are the comments from the Planning & Zoning Department and Engineering. Those comments will be made based on tonight's development order. The architect for Discount Auto will have the elevations showing the windows back to the applicant by Friday for submittal to the Building Department. He is hopeful to have the building ~)ermit issued within 10 days. This condition will preclude that from happening. Ms. Hoyden advised that staff is not requiring the on-site landscaping plans to match. Comment #28 requires coordination of the SW 8th Street landscaping. That is a separate comment· She would not want to see the landscape plans for the on-site parcels delayed after building permit. Mr. Morton pointed out that Comment #28 requires the coordination of the landscaping along SW 8th Street with Burger King, Discount Auto and the Food Court. This can be construed that all of these things must go together. The applicant is trying to make all of these things compatible. The reason for the objection to Comment #8 was for clarification purposes. With respect to Comments 37.38. and 39, Ms. Heyden agreed to reword the comment, "to be done prior to a Certificate of Occupancy. However, a temporary Certificate of Occupancy shall not be issued in this condition". Mr. Morton was agreeable with the rewording. Mayor Taylor confirmed that this rewording also addressed Comment #8. 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 With respect to Comment #28, the Food Court building has windows in front of the building and on the south elevation. The north side of the building is service area including the kitchens and food preparation area, as well as the toilet facilities. A portion of the south and east elevations are also service areas. Mr. Morton feels the building is attractive with [he elevations proposed. Adding additional windows will not lend anything to the appearance. This building has a roof design on all four sides of the building and is located on a visible corner. For this reason, they added the canopy and the tile band. Mr. Morton agreed to add decorative windew treatment. On the north elevation, Mr. Morton agreed [o add glass block windows. He will also add control joints since this is a stucco building. Comment #25 - This comment was made by the Development Department. Ms. Heyden agreed that we now have signs on theparapet walls in this City. The Code reference says you cannot have rooftop signs. The Development Department presented a new interpretation of that Code. This is an inconsistent interpretation. Ms. Hoyden recommends rewording this commentto say, "Rooftop signs are prohibited. However, signage on sides of parapet are allowed." Mr. Morton was agreeable with this change in verbiage, Mr. Morton reported that over the past several months, he has had the opportunity to have meetings with Mayor Taylor, Dale Sugerman, and Attorney Cheref, to resolve a lot of issues that the developer has had problems with. He has had a good opportunity to deal with Mr. Sugerman, and it was a very healthy experience. Mr. Sugerman was very cooperative in resolving problems with the developer and staff. He thanked Mr. Sugerman. V ce Mayor Jaskiewicz stated that she has many reservat ons about this project because she cannot ~aglne a building containing four restaurants being built on this size parcel of land. She is~qmazed that no one has objected to this project. She questioned whether Mr. Morton had provided a traffic study. Mr. Morton advised that last year. he came before the Commission with the Cracker Barrel approval. ~t~ t~hat time, the recommendation from Planning was that a new traffic study be submitted sbqwing the entirety of the project including the PUD, PCD, church parcel, and anything el~s¢ nvolved in the 115 acres. That statement was submitted by Maria Palumbo, and appr0~;e~l:by Bill Hukill, the County Traffic Engineer and adopted by the City Comm~ssion~ as the approved new traffic study for this project. As part of that, since this particular pa!rpel has a different connotation than was on that master plan, the applicant revised th9 ~i~ffic study and submitted that revised study to the City. Maria Palumbo has secured a i~e¢ of approval from the CoUnty Traffic Engineer that this project complies with all of the cor~(litions of that 1996 approval. The applicant is within the allowances of the traffic stud~/' 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 With regard to the uses in the building, the applicant is following a new trend in the retail restaurant business known as bundling. This concept enables a store to have continuous traffic flow and be a viable property. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Lee Wische, 1302 SW 18 Street, pointed out that there will be four concessions in this building with only one refrigerator. He asked Mr. Morton to address this issue, Mr. Morton explained that the way this project is designed, the users try to use one walk-in refrigerator and one walk-in freezer, and combine the frying areas. There is one owner for the four franchises. There~is a commonality of uses within the building. If that changes, plans would be submitted for building permits showing [hat situation broken up. If there are four separate owners, the floor plan would have to be revised and approved by all agencies involved including the Health Department. Motion Commissioner Tillman moved to approve the Development Plan for the Food Court at the Shoppes of Woolbright taking into consideration staff Comments #8, 25, 28, 37, 38, and 39. Commissioner Bradley seconded the motion which carried 4-1. (Vice Mayor Jaskiewicz cast the dissenting vote:) Mr. Morton clarified with Mayor Taylor that Commissioner Tillman meant the comments and what was agreed to at this meeting when he said "...taking into consideration..." X, NEW BUSINESS: A. Items for discussion requested by Commissioner Jamie Titcomb 1. Discussion on the topic of CBD PARKING PLAN, PARKING GARAGE, FUNDING SOURCES and time line for IMPLEMENTATION Commissioner Titcomb said he now realizes that with several of the large projects the City is contemplating and dealing with. one of the recurring themes of major areas of concern is the area of parking as it relates to the CBD and the marina project. It is also his opinion that as a Commission, it is important to beg~n looking at the issue of parking in a much larger area than just the manna project. He feels it is necessary to prioritize and send a message to staff to start looking at the CBD from the Intracoastal to Seacrest Boulevard. both north and south, in an effort to solve the parking problem for the entire downtown 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 area. He does not believe the Commission should get caught up in the lot-by-lot, project- by-project approach to solving the problem of parking. All of the various property owners, and potential future property owners will have to deal with the issue of parking. His purpose for including this issue on the agenda is to elevate the stature of solving the problem, and to find alternative methods of solving this problem. Commissioner Titcomb did research into solving this problem which included getting actual costs and agreements to tour facilities that solved parking problems The dollar figures for parking garages included in the back-up material are substantially [ess than the numbers that were provided a year ago. Commissioner Titcomb advised that he can arrange a tour of the C01umbia/JFK Hospital prefab structure. Mayor Taylor felt Commissioner Titcomb took a very proactive approach to this issue. He would like to tour the facility. He pointed out that his thinking about parking has been that we do not have enough people downtown to have problems. Once we get the people there, we will worry about the parking. However, [his is very forward thinking. Commissioner Tillman agrees that we need to prepare for the people who will want to park inithe downtown. He feels we should begin to identify lots that are in the adjacent area and come to some agreement with the property owners in terms of gaining access to the lots as the area grows. Whoever is managing the lots can make them available when necessary. Vice Mayor Jaskiewicz supports being prepared, and agrees that it would be a good time tof buy a piece of property for future use. If there is no need for parking, those lots could be adapted to another use. Commissioner Bradley feels looking ahead to a parking garage is an excellent idea, and he feels we should prioritize the items that are important to what will be the success of the manna, downtown or area designated along Ocean Avenue. This is a good first step and he commended Commissioner Titcomb. Commissioner Titcomb pointed out that it is evident, if you follow the day-to-day media, that once you have success you have the problem We can anticipate that and we can be p~oactive. We can look for the sources and methodology to solve these problems while they can be solved and while they are affordable. vice Mayor Jaskiewicz has been speaking with the possible new owner of Two Georges, and he indicated that if ever there was a joint parking plan, he would be amenable to joining with others in the area. 33 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA IVlARCH 4, 1997 Commissioner Titcomb said he has received the same feedback. Some of the people who are proactively looking ,to develop the downtown are willing to pay to solve these problems. Commissioner Titcomb said he will provide a contact name to any of the Commissioners who wish to visit the facility on an individual basis. Consider request from Poinciana Elementary School to BARRICADE NW 1st Street between the rear entrance of the school to just south of NW 13th Avenue extension to Wilson Center for their "EXPLORATIONS STREET FAIR" on Saturday March 8, 1997 Motion Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion which carried unanimously. Authorization to proceed with LEASE/PURCHASE of PBX TELEPHONE SYSTEM and NETVVORK SERVICES Mayor Taylor feels this is a very high-priced item which is well in excess of $1 million and could possibly cost up to $2 million. He is uncomfortable with this request, and suggested that this item be tabled until the new City Manager has an opportunity to review this proposal and provide feedback. MOtion Commissioner Bradley moved to table. Commissioner Tillman seconded the motion which carried unanimously. Consider request from Jim Boldon, BOY SCOUTS OF AMERICA, to assist in FUNDING the RE-ESTABLISHMENT of BOY SCOUT TROOP 362 in Boynton Beach Arthur Lee, Assistant Human Resources Director, advised that he was approached by the City Manager of Delray Beach, David Hardin, with reference to this item. He had spoken with Carrie Parker in reference to Mr. Lee assisting with the Boy Scouts of Troop 362. A number of years ago, there was a troop in the inner city, but it disbanded over the years. In talking with Mr. Hardin, he advised that there were serious concerns about the depletion of minorities and inner-city children in the Boy Scouts of America. 34 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Lee is now a member of the Gulfstream Council, Seminole District. He is chairman of the Urban Emphasis Committee. That committee's pnmary function is to go into the inner cities and recruit minorities and inner-city boys into the Boy Scouts of America. Recruiting the boys is easy. However. providing the needs is not an easy task because the funding ~s not available. Mr. Lee introduced Jim Belden, Troop Leader in Boynton Beach. This troop is being reestablished and there are currently 15 boys participating in the program. This troop is trying to get all of the necessary terns and equipment needed Other City employees are part of this district. Deputy Utilities Director Bob Kenyon ~s a Troop Leader in the District, and Luis Garcia, Firefighter. leadsthe Explorers. Mr. Lee read from an article titled, "100 Scouts". In closing, Mr. Lee urged the Commission to support this troop. Jim Belden, Scoutmaster, reported that Troop 362 is back in force for the past two months. There are 15 participants. This troop was reestablished with the assistance of Boy Scouts of America and some of the area churches. However, assistance is still needed. The cost of a uniform is estimated between $125 and $150 per scout. This cost is a problem for single-parent families. Additional assistance is needed to purchase tents and equipment for camping. Mr. Belden requested seed money. Once the boys are uniformed, they can raise funds on their own. Although the agenda item requests $1,500, Mr. Belden felt $2,500 would set up the troop and provide uniforms for all of the boys. Mayor Taylor explained to Mr. Belden that government is not the agency that should be funding these types of activities. He recommended that Mr. Belden solicit funds from private agencies. He further explained that the City has denied requests from many other organizations. However. he understands Mr. Boldon'S plight. He explained that when he went to Boy Scouts. he was the only boy without a uniform on the first night. But by the second and third meeting, all of the other boys had uniforms and he was different. He never went back. Mayor Taylor advised that money was raised for his reelection campaign. However, he does not have to run a reelection campaign. Therefore, he presented Mr. Belden with a check for $1,500 to be used for Troop 362. He wished Mr. Belden well ~n raising the additional funds. Vice Mayor Jaskiewicz expressed pride at the Mayor's action, and is very proud that a member of our staff is part of the movement. 35 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 James Miriana said he was a member of the Executive Board in New Jersey. He recommended that Mr. Boldon find sponsors for the troop. He offered his assistance. Commissioner Tillman recalled when this troop originally started in Boynton Beach. He was a member and he went to camp with them in Quantum Park. He wished Mr. Boldon success and offered his assistance in putting Mr. Boldon in touch with people who may be able to assist him. Commissioner Tillman feels this is a positive move. Mr. Boldon thanked Mayor Taylor on behalf of Boy Scouts Troop 362. Establish date and time for Special City Commission Meeting for PRESENTATION and INTERVIEW of EXHIBIT DESIGN CONSULTANTS responding to RFP for 19t3 SCHOOLHOUSE MUSEUM PROJECT With regard to the Visions 20/20 presentations. Mayor Taylor reported that during the break, he was advised that March 11 is very short notice for people who must travel from Jacksonville. Therefore, he would like to revisit the date of those presentations. He recommended conducting those interviews on Friday, March 14. Attorney Cherof advised that our Charter provides that at the next regular or special meeting after the election, the new Commission takes its seat. If this meeting is held on March 14, the Commission will have to be sworn in at that meeting. This would detract from the reception Vice Mayor Jaskiewicz spoke about earlier in the evening on March 18, from 6:00 p.m. to 6:30 p.m Arlene Dennison, Museum Coordinator for the Schoolhouse Preject, reported that there are two proposals from professional museum designers. There was a recommendation from the City Attorney's Office to invite the Commissioners to the presentations. Following the presentations, the steering committee will rank. interview, and evaluate them, and bring back a recommendation to the Commission. The suggested dates for these presentations are March 12 or March 20. Two hours will be required. A decision was made to conduct the museum presentations at 7:00 p.m., on March 20, in the Library Program Room. After discussion, a decision was made to conduct the Visions 20/20 presentations on March 11, at 5:00 p.m., m the Library Program Room. Response to House Bill 313 Palm Beach County Days in Tallahassee 36 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Commissioner Bradley reported that House Bill 313 deals with one of 'the telecommunications issues that is coming forward. This bill would prohibit local governments from owning a telecommunications company or providing telecommunications services unless such ownership and services were provided through a separate business corporation that is subject to all federal, state, and local taxes. There are a few municipalities that have these systems in place. The Florida League is saying this is one of the main attacks on home rule. It is upsetting our ability to play on a level playing field Commissioner Bradley would like to prepare a Resolution or a letter of support backing the Florida League's position not only on this House Bill, but on the overall move to put together this unified tax. That initiative will take away our franchise fees and other taxes and fees we levy 'n association with utilities in our rights-of-way. This amounts to approximately $3 million for a city. Bonded monies are also tied to this. This is very important and must be addressed quickly. He would like to look at the Resolution or letter at the next meeting, but would like to direct staff to put something together and work in conjunction with the Florida League. Vice Mayor Jaskiewicz and Commissioner Tillman agreed with Commissioner Bradley's suggestion. Miayor Taylor announced that Palm Beach County Days n Tallahassee provides an opportunity to lobby for what the City wants. Mayor Taylor is willing to go to Tallahassee and take our message and a copy of the Resolution. There is a plane leaving on March 11 and returning on March 13. Therefore, the Visions 20~20 presentations were changed to March 13, at 4:00 p,m., in the Library Program Room. The swearing in will ta~ke place at 4:00 p.m.. and the presentations will begin at 5:00 p.m. The Resolution or letter is to include the unity tax. G. Neighborhood Organizations Mayor Taylor reported that the Commissioners have been attending the neighborhood organization meetings. The work being done by these groups s very obvious. Mayor Taylor is very pleased with their work and efforts. Mayor Taylor advised that the neighborhoods are developing ideas to deal with some of the problems they are encountering. Tl~ere are times the City's ideas are different. However, Mayor Taylor feels it is important to support these groups n their efforts. He explained that one organization is planning to plant prickly shrubs in front of a fence where 37 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 drug dealers run through the holes in that fence. This organization is working with the Police, and the City will support them. Xl. LEGAL: A Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O97-05 RE: AMEND CHAPTER2 of the Land Development Regulations, providing that VISUAL OBSTRUCTIONS are [o be MAINTAINED AT A HEIGHT NO GREATER THAN TWO FEET SIX INCHES above street level and WITHIN THIRTY-FIVE FEET OF THE INTERSECTION of the right-of- way lines of two streets TABLED Motion Vice Mayor Jaskiewicz moved to remove this item from the table, Commissioner Tillman seconded the motion. The motion carried unanimously. Attorney Cherof read Proposed Ordinance No. 097-05 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-05. Vice Mayor Jaskiewicz seconded the motion. Commissioner Titcomb questioned whether or not there was a process ~n place to grandfather in properties, Attorney Cherof advised that there will be no grandfathering of any properties. Commissioner Bradley reminded the Commissioners of the gentleman who appeared before the Commission two weeks ago. This gentleman has Sabal Palms that will have to be eliminated, Attorney Cherof advised that those trees have been out of compliance= but there was no enforcement of the Ordinance. The existing Ordinance had a requirement of 3'. This revision will reduce it to 2' 6". Mr. Sugerman advised that there will be hundreds of violators throughout the City when this Ordinance is passed. The previous regulation was not to exceed a height of 3' and a setback of 25' from the center line of the intersection, The revision is not to exceed a height of 2' 6" and 35' from the center line of the intersection. There are probably hundreds of non-conforming landscape situations with the existing regulation. 38 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Ms. Heyden advised that her office did a site investigation of the property of the gentleman who appeared before the Commission. Within the 35' area, he has a 2.5' berm containing Liriopi which is 6" to 9". and Silver Dollar hedges which are approximately 1.5'. The Palm trees are beh~ nd the berm and not within the 35' visibility area. The berm and Silver Dollar shrubs create the problems. Vice Mayor Jaskiewicz said Mr. Newbold spoke with this gentleman after viewing it, and his recommendatio[~ would be to grandfather in the landscaping. Dale Sugerman said Mr. Newbold's recommendation was taken to senior staff who felt it would be very difficult to grandfather in a living item such as landscaping because it grows. That is the reason why Mr. Newbold's recommendation was not brought forward. Commissioner Titcomb expressed grave concern about eliminating living plants that are installed to beautify an area. He would be more supportive of honoring a grandfathering clause even though it is a "moving target". Commissioner Tillman pointed out that there is a safety concern involved. Ifthe City allows a grandfather clause, and there is an accident at that intersection, there will be liability. He is not in favor of eliminating this landscaping either; however, it is important to take hold of this issue. He questioned how this situation will be enforced. Commissioner Titcomb feels the safety factor is a relative thing. There are intersections where there are known problems because of visual obstructions and large amounts of traffic. Mayor Taylor pointed out that people who live at intersections bought into that situation. There is a safety hazard in such a situation. If a decision is made to grandfather this landscaping, he questioned how the staff will be able to check every bush to see which ones should be grandfathered. He is opposed to a grandfathering clause. He recommends moving forward and dealing with these situations on a case-by-case basis. Commissioner Titcomb said he has been through the neighborhood in question. There are hundreds of properties that will be in conflict with this Ordinance if it is passed. He is not sure this is a very critical problem. He realizes that there is a potential problem, but he is concerned [hat ini the enforcement of this situation, a deeper problem will be encountered. He is very concerned about case-by-case enforcement. Mayor Taylor realizes that if landscaping is 2' 6", you will be able to see over it. Perhaps the problem is the setback from the centerline. He suggested maintaining the landscaping at 2.5' in order to keep it at a 25' setback from the centerline. He further recommended 39 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 that the City's consulting engineer provide the Commission with an analysis on the safety with regard to a 25' or 35' setback from the centerline. Scott Blasie, Code Enforcement Administrator, advised that he is the City's representative on the Boynton Beach Boulevard Business Owners'Association. There are City-installed, and business owner maintained plantings at corners on Boynton Beach Boulevard, There are plans in progress to refurbish those plantings that have been cited and to replace dead and missing trees, All of these plantings will be in violation of this Ordinance. Motion Vice Mayor Jaskiewicz moved to table this item for further study, Commissioner Bradley seconded the motion which carried unanimously. 2. Proposed Ordinance No. 097-06 RE: Amend EDUCATION ADVISORY BOARD ORDINANCE to allow NON-RESIDENT F~ARTICIPATION in the ALTERNATE POSITIONS provided they have at least one child attending Boynton Beach City schools Attorney Cherof read Proposed Ordinance No. 097-06 by title only. MAYOR TAYLOR ANNOUNCED THE PUE~LIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Jaskiewicz moved to approve as read. Commissioner Tillman seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 097-07 RE: Establishing POWERS and RESPONSIBILITIES of VISION 20/20 IMPLEMENTATION TASK FORCE Attorney Cherof read Proposed Ordinance No. 097-07 by title only. Robert Taylor adviseC that the Visions 20/2C Task Force recommends that the verbiage of Item c. under Section 2-419 be changed to read, "Three or more absences by a member of the board may result in removal from the board". The Task Force would like this to be an optional issue because there may be extenuating c~rcumstances why a member might miss more than three meetings. 4O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH4,1~7 Mayor Taylor feels this is a good point, and feels the Commission may want to make this a City board-wide change. With regard to Item b under Section 2-150, Mr. Taylor reported that he is currently the recording secretary for this Task Force. He is not conversant with all of the public records laws. He requested clerical support for the recording of the minutes of these meetings. Attorney Cherof advised that once this boare is formalized as an advisory board, the City Clerk's Office will take over the responsibilities of recording the minutes of the meetings. Under Item d of Section 2-150, Mr. Taylor advised that these Task Force meetings are being heJd a~ Bethesda Memorial Hospital at 7:30 a.m. Therefore. he would like the verbiage, of this item changed to indicate, "...at a City facility or other designated facilityJ' Mike Friedland, member of the Task Force, reminded the Commissioners of the City's ruling that a person may serve on only one committee. He requested an exception with this committee since some of the members of the Task Force serve on other City boards and will have to decide whether or not to stay with the Task Force. Mayor Taylorl feels the Visions 20/20 Task Force will go away at some point. Therefore, a clause could be added to this Ordinance whereby for this one committee only, the members will be permitted to serve on more than one committee. Attorney Cherof advised that there is no Resolution or Ordinance that has been adopted that fixes the single-board rule. It is a matter of policy; therefore, it does not have to be incorporated into this particular Ordinance. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 097-07 as read with the amendments as presented by members of the public. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Alley Abandonment Vice Mayor Jaskiewicz advised that this issue came up a number of years ago, and has been a consistent and persistent problem. It was brought to her attention by a resident who lives on 6th Avenue. She had a Code Enforcement lien against her to fix beyond her fence in an FPL right-of-way. She had no access to the area, but was fined $125. 41 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Scott Blasie advised that in this particular case, this woman explained that this area is difficult to maintain. Code Enforcement did not cite her, but she had to pay someone $125 to correct the violation. The City has many alleys that contain City utilities, and others do not. Some of these alleys contain FPL or Southern Bell poles. These areas become a haven for illegal dumping, and contribute to the problems Police have with criminal activity. These areas are generally not maintained on a regular basis and provide cover for criminals. Under the Code. the property owner is responsible for one-half of the alley that abuts his/her property. Code Enforcement cites the alleysand approximately 30% to 40% comply. The remainder are handled through the City's Parks Department. Mayor Taylor pointed out that these alleys usually provide access for emergency vehicles. Mr. Blasie explained that many of the areas are only 5' wide. in some areas, Utilities is in the process of taking out the meters and moving them to the street. Attorney Cherof advised that in 1991 a project began that identified 90 alleys appropriate for abandonment. The project bogged down because the Engineering Department was burdened with other issues. Vice Mayor Jaskiewicz recommended pursuing this issue. Mayor Taylor suggested that the Engineering Department staff pursue this issue once they are back at full staff. Commissioner Bradley questioned whether there are any good reasons to have alleys, Mr. Blasie explained that in commercial districts, alleys are an advantage. However, in the residential districts, there is no advantage. Ms. Heyden explained that in some places, they are bringing back alleys. However, at this point, we do not know where we would like to establish those alleys. Commissioner Bradley requested that [he Engineering Department keep in mind that there may be value to some of these alleys. Attorney Cherof explained that a solution to the cost of surveying each property was addressed with a generic street-to-street description that can be cleared with two title companies. This project can be picked up when we have an Engineer to process it. B. Ordinances - 1st Reading: Proposed Ordinance No. O97-08 RE: Amend Ordinance No. 097-01 clarifying the ex~sting TELECOMMUNICATIONS MORATORIUM to PERMIT THE CO-LOCATION OF ANTENNAS TO EXISTING TOWERS Attorney Cherof read Proposed Ordinance No. 097-08 by title only. 42 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mayor Taylor advised that a 10' x 20' area is needed for Nextel's antenna equipment. The Sprint antenna is located on City property. Staff met and claimed that they are short on space. They would prefer the equipment be located on the Sprint area already set aside within their area. Sprint is willing to et that happen for a price. Mayor Taylor questioned whether the Commission wants to let them put this equipment on our property and charge them. or only charge them for putting their antenna on the Sprint pole. and let them deal with Sprint with regard to the location of their equipment. Wilfred Hawkins advised that the City does not have any additional right-of-way to give up at this stteat the Public Works Compound. Mayor Taylor realized that they would then have to locate their equipment on the Sprint site. Therefore, the Commission will have to decide how much it wants as revenue for allowing this. In addition. Sprint requires a letter indicating that the City will allow this. Attorney Cherof said there must be an addendum granting the right to lease on the Sprint tower. At present, Mayor Taylor advised that Sprint pays us $12,000 per year for the tower. They will charge Nextel $12.000 to put their antenna on their pole. Nextel is offering the City $6,000 to ~ [Iow them to put the antenna mast on the pole. Mayor Taylor requested that staff determine the market price for this service. Attorney Cherof advised that we are still in the process of getting figures, and that information will be available by the next meeting. In addition, senior staff had a concern that a single-entity exceptio~ was being created. However. once the change is made, it will be open for everyone. Geoff Sluggett, Unruh & Smith, said his client (Nextel) would prefer to have a separate piece of property in order to locate the shed. If they place it next to the Sprint shed on the ground lease area Sprint has, the City will receive revenue, and Sprint will have to be compensated for that area. That means they will pay a fee twice. He suggested the Commissio~ meet with him and his client to try to determine whether or not this will be compatible on the site. If it does not work, they will try to work to see if it can go on the Sprint location. In addition, with regard to the moratorium Ordinance. he requested additional language be added to Section 2 to read, "...the co-location of antennas to existing towers, including structures to house telecommunications equipment,... ". The language~ as presently stated, only includes the actual antenna on the tower. He would like to eliminate ady technicalities with regard to the moratorium. Mr. Hawkins explained that staffwent through gyrations to originally place this equipment oM the site. ,The right-of-way is very narrow, and a wall is on site. There is no additional 43 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 room left at Public Works, Space at this location is very precious. Staff devoted a great deal of time making this happen and even worked with another company, compromised and found a wayto use this location. Mayor TaylOr questioned whether staff looked at any other locations on site to locate this equipment Since it is possible to run a cable. Mr, Sluggett :advised that the City will receive the revenue from the equipment shed regardless of where it is placed, If it goes on the Sprint side adjacent to their existing shed, they will be paying the City revenue as well as compensating Sprint. They are only attempting to eliminate having to pay an additional sum of money. Mayor Taylor was of the opinion that the City was receiving revenue for the antenna mast that is being placed on the pole. Mr. Sluggett said that was not his understanding since Sprint owns the tower. They are compensating them for the attachment to the tower, The agreement with the City is for the ground lease for the equipment shed. Mayor Taylor explained that Spdnt cannot allow the attachment without the City's approval. Mr. Sluggett agreed with that explanation. Motion Commissioner Bradley moved to approved Proposed Ordinance No. O97-08. Vice Mayor Jaskiewicz seconded the motion, City Clerk Sue Kruse polled the vote, The vote was unanimous. Mr. Sluggett confirmed that the motion included his suggested additional language. C. Resolutions None D. Other Commissioner Bradley advised that we currently have three planning tools. The first one is the charrette which was done by Treasure Coast. This is a very useful document: but it is not being used very much. The second planning tool is the Visions 20/20 document which is currently being defined. The third tool is the Commission/Department Head strategic plan which is done yearly leading to the budget process. 44 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4,1997 In meeting with City Manager Willis, an idea surfaced relative to do an all encompassing strategic plan that would address all three documents. We would be creating a five or ten year plan that would be signed and outlive Commissioners' term limits. Commissioner Bradley feels this is an important step in assisting with the budgeting process which will begin shortly. City Manager Willis spoke with Bob Harper, a Visions 20/20 participant, who does strategic planning. He has been part of the strategic planning process that the Education Committee has been involved in for the last month. He provided dates at the end of March for a day-long strategic planning session with the Commission, key staff people, and key community' representatives. Commissioner Bradley feels this type of planning would be a great benefit. Mayor Taylor felt the strategic planning session, which was held two years ago, se[ goals and objectives that the Commissioners hoped to work out over the two years of their terms. We also set up the Visions process where the Department Heads fed that information into a bigger plan which he considers a five or ten-year plan What might not have been included in those processes was the charrette. That information can be included in the overall plan. Mayor Taylor feels it is time to have another planning session. Perhaps the HUD money is a different issue because the federal government must know how that money will be used. Commissioner Bradley would like to combine the Commissioner/City Manager strategic planning with some of the items from the Visions 20/20 documentto form a plan. There was a consensus of the Commission to schedule a day-long strategic planning session for March 28, 1997. Xll. UNFINISHED BUSINESS: None XlII. OTHER: None 45 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH4,1~7 XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 11:55 p.m CITY OF BOYNTON BEACH ATTEST: City'Clerk Mayor ~ / c°~m miss,~ry/~.~ , ? ~ Commissioner ,IP, ecordmg Secretary -(~even Tapes) Commissioner ~ 46 = CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVAL OF BILLS MARCH 4, 1997 A & B PIPE AND SUPPLY ................................ $ 62,223.20 PO# 13609. Main Replace Project Pay From 1996 Const Fund -- 407-000-0-690-21 ERNST & YOUNG ....................................... $13,505.00 Prof Service/Util Sys Rev Bond, GO Bond Reports Pay From W & S Rev Bond -- 401-391-5-468-00, $8,670.00 Pay From 1992 GEO Debt Serv -- 206-888-5-468-00, $4,835.00 FROEHLING'S/PAPICO .................................. $ 54,900.00 PO# 12582. Tennis Court Rehab Original Contract Change Orders Payments to Date Current Payment Contract Balance $214,600.00 0.00 52,560.00 54, 900.00 $107,140.00 Pay From Public Serv Tax Const -- 301-721-5-640-09 LANG ENGINEERING OF FLORIDA ........................ $ 23,919.85 I^Q Project, 1/27/97 - 207/97 Pay From -- Public Serv Tax Const - 301-194-5-640-05 STATE OF FLORIDA DOT ................................ $ 36,556.80 Util Relocation Project Pay From W & S Util Fund--421-000-0-690-21, $18,278.40 421-000-0-691-21, $18,278.40 US ENERGY SERVICES INC .............................. $ 21,061.65 IAQ Project Diagnostic/Consult/Lab Pay From Public Serv Tax Const -- 301-194-5-640-05 US ENERGY SERVICES INC .............................. $ 24,535.46 IAQ Project Diagnostic/Consult/Lab Pay FrOm W & S Rev Fund -- 301~194-5-640,05 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. KERRY L. WILLIS, CITY MANAGER ~5 Minimum rear yard 25 feet* Maximum structure height 45 feet, four (4) not to exceed stories Ko *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided in Section hereinafter. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Regulations is hereby incorporated and all be considered zoning by all otherwise Section 6. C~mmrcial A. and with . to all applicable except as for 2.5. district regulations and use pr~visions. co.m? c dist~ ~egUlakions will provzde approprza~e.space mo 1 uses, located to provxde ready access t for all. Uses .ted. Within any C-1 office and zoning district, no building, structure, part thereof, shall be erected, used; in part, except for one (I) of the lowing specified uses (single- family occupancy~when incidental and necessary to main use is permitted). Those uses, however, which are listed in iA. below shall require conditional use those which are indicated under lB. an environmental review it, pti ablishment of these uses: b. FinanCial institutions, including drive-through facilities. c. Funeral homes.. ~.. e. centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. 2 -25 §6 Medical and dental offices and clinics Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearin9 aids. Professional and business.offices, 'Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding~on-site disposal of animals. Reserved. ' school other 11.C.). a ~r0ss floor area limi or / ~. Ins1 floor area more, or area, ~-five (2) five (5) of the (3) be placed the office (4) from 6:00 (5) seats lA. Condi · Thes ed above in · ast~ by an uses, 2-26 §5 Minimum rear yard 25 feet* Maximum structure height 45 feet, four (4) not td exceed stories When abutting resldent~al dmstr~cts, side and/or rear yard~hall be-thirty (30) feet. Off-street parking: As provided in Section 11-H hereinafter. Ko PUD PLAN-NED UNIT DEVELOPMENT the Chapter 2.5 of · incorporated and all considered zoning Chapter 2.5, and as Section 6. A. C-1 .C~r~:~a~: d~strmc~ ~a~gn.s ~ use provisions. ~. These space for provide ready and str~cture, be erected, except for one uses ~single- to however, which conditional use under review of these uses: ho including drive-through community have extensive es, or storage or ~se. -25 FAX COVER LETTER CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING · ZONING · PERMI'I-f'ING 4722 N.W Boca Raton Boulevard, Suite C-106 Boca Raton, Florida 33431 Telephone (56'1) 994-641'1 FAX (561) 994-0447 DATE: January 27, 1997 TO: Mike Rumpf Planning Deparmaent VAX NO.: 561/375-6090 FROM: Bradley Miller Re: Bouelvard Center TOTAL NO, OF PAGES INCLUDING COVER PAGE: $ If you do not receive all the pages, please call (56'1) 994-64'1'1. COMMENTS: [] URGENT! ,/~ For your information [] Per your request [] For your review and file [] Please review and call me with your comments [] Please review and send comments via FAX [] Please call to discuss [] Original to follow via mail OTHER: Attached is a draft list of the C-1 uses that we would propose to prohibit from the site. I discuSsed this list of uses with Vice Mayor Jaskiewicz who in turn will discuss the list with the Leisureville residents. SubSequently we will prepare a final list for the project. I00~, o0~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Howard R. Scharlin, Trustee APPLICANT'S AGENT: Michael Morton of Morton Group, Inc., DATE OF HEARING BEFORE CITY COMMISSION: March 4, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval to construct a 3,710 square foot food court buildin,q on .49 acres in the Shoppes of Woolbri.qht PCD. LOCATION OF PROPERTY: north of Woolbright Road. East side of S.W. 8th Street, approXimately 450 feet DRAWING(S): SEE EXHIBIT "B" 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 App,~nt ' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby ~v/'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. Other: DATED: March 4, 1997 Cit~Clerk L-OC~-TiO'N MAP SHOPPES OF WQOLBRIGHT FOOD COURT C~ EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbdght- Food Court File number: NWSP 96-014 P, eference: The plans consist of 7 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-014 with a · January '16, 1997 PIannina andZonina Department date stamo markina. I DEPARTMENTS PUBLI© WORKS Comments: None UTIUTIES Comments: 1. Palm trees will be the only tree species al]owed within utiIities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. (Sec. 7.5-18.1). 2. A capacity reservation fee of $790.02 is due within thiK'y (30) days of commission apprOVal. (Sec. 26-34[E]). 3. Water lines, including water services and meters to be owned and operated by the city shall be included within utilities easements· Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easement§ shall be dedicated via separate instrument to the city. (Sec. 26- FIRE Comments: None POLICE Comments: 4. To insure one-way traffic on the east side of the building, "DO NOT ENTER" signs for the exit of the loading area driveway are recommended. 5. The access road needs to show a STOP SIGN and STOP BAR for westbound traffic at S W 8th Street. DEVELOPMENT DEPARTMENT 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. 7. Revise documents to reflect all comments. Page 2 Shoppes of Wooibright - Food Court File No. NWSP 96-014 DEPARTMENTS 8. Compliance with all development order conditions required prior to issuance of certificate of occupancy, and documents must be rectified to comply with all development orders prior to issuance of building permits, except where stated otherwise within the development order conditions. 9. Plat review and approval required. Chap. 5, Art. Il, Sec. 1, pg.5-1. 10. Provide certification by developer's engineer that drainage plan complies with all city codes and standards. Chap. 6; Art. V, Sec:5A, pg.6-7 and Chap.23, Art. JIF, pg.23-8. 11. Provide details for pavement, grates, pipes, catch basins, etc. Chap. 6, Art. V, Sec 4B2e, pg 6-20, refer to Standard Drawing B-91007. 12. App cant's attent on s d rected to Chap 7 pg 7-1 regarding surety requirements. 13. All landscaped areas shall, be provided with an automatic water supply system. Chap. 7.5, Art. l!, Sec.5B, pg.7 5-14. 14. : Specify clear sight triangles at all driveways and adjust landscape plan if needed. , Chap. 7.5, Artll, Sec.5H2, pg.7.5-17. 15. Permits must be obtained for workwithin R.O.W. Chap. 22, Art. Il, Sac.7A, pg.22- 3. 16. Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must conform with city codes and standards. Chap.23, Art.il, pg.23-6. 17. Provide a satisfactory lighting plan including ~photometrics and pole wind loading. Chap.23, Artll,% pg. 23-6. 18. No trees shall be planted so as to interfere with lighting fixtures. Chap. 23, Art. llAb, pg.23-7. 19. All parking lots shall meet or exceed state handicap code requirements and comply with the standard building code, the county-wide amendments thereto, and DCA Accessibility Requirements Manual. Chap. 23, Art. IlK, pg.23-9. 20. Median landscaping must be completed and accepted prior to issuance of a certificate of occupancy. 21. Access road must be completed and accepted prior to issuance of a certificate of occupancy. 22. Construct a 7 foot sidewalk along the south and west sides of building and eliminate wheel stops. 23. Off-site parking, if provided, is not identified. 24. Monument sign must conform to adopted Shoppes of Woolbright sign program. 25. Roof signs are prohibited. Remove all roof signs from the roof band. (LDR. Chanter 21 Article II Section 3 H PARKS AND RECREATION Comments' NONE Page 3 Shoppes of Woolbright- Food Court File No. NWSP 96-014 DEPARTMENTS I INCLUDE I REJECT FORESTER/ENVIRONMENTALiST Comments' NONE PLANNING AND ZONING Comments: 26. The survey of proposed Lot 2 contained in this submittal is deficient with regard to the following information: - topography, -easements; and/or -surveyor's statements regarding researching property records. In order for the city staff to properly evaluate the proposed site plan with regard to possible confi!cts between existing utility lines and easements and proposed improvements, provide a survey that will contain the above information and/or statement' from the surveyor that the property was researched for all underground utility lines and easements, as required by LDR, Chapter 4, Section 7.A. 27. 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 n on these e evations the lines-of-sight connecting the highest point of the equipment with the eye level from a distance of 600 hundred feet from the I b~ldihg (LDR, Chapter 9, Section 11.E). 28. ' With. the approval of Burger King, the City Commission required that "the design elements approved for Burger King site shall be carried forward on all future de,ze ~pment w th n :the PCD". Amend the elevation drawings to comply with the requirement of the City Commission and to provide compatibility of architectural design within Shbppes of Woolbright PCD. It is recommended that: · to break up blank walls on highly visible building elevations, provide a series of imsets, off-sets, control joints and/or small windows (6 feet or more above the finished elevation so as not to conflict with service and storage areas) on the east and north elevations. · to achieve continuity coordinate landscaping aIong S.W. 8th Street with the landscape design schemes of Burger King and Discount Auto with respect to species and setback/location. 29. According to LDR, Chapter 2 - Zoning, Section 11.J.1, the minimum size of the loading zone is 12 feet in width and 35 feet in length. Delineate on the site plan the location of the loading zone with a dotted line meeting the required design standards. 30. The proposed building and site signage shall meet the approved Shoppes of Woolbright PCD master sign program criteria. Indicate the size and colors of the proposed monument sign to reflect its compliance with the approved sign program and appeal to the Community Design Plan (both development orders dated November 19, 1996). Page 4 Shoppes of Woolbdght - Food Court File No. NWSP 96-014 DEPARTMENTS 31. The City's Land Development Regulations, Chapter 5 - Platting, requires a plat to be submitted if the land/parcel is split into more than two (2) lots. The submitted survey ndicates that the proposed project will create more than two (2) lots in Tract"C". File a replat of Tract "C" of Shoppes of Woolbright with the Development Department. 32. The location of the building onthe site plan does not conform to side yard setback regu at ons. Amend the site plan to reflect the proper side yard setback (30 feet) or receive approval of a variance. 33. Traffic control markings shall be shown within the vehicular use areas as requited by LDR Chapter4 Section 7.B.2. 34. L ghting shall be shown on the site plan as required by LDR, Chapter 4, Section 7 B 2 andto ~liminate potenfial conflicts withlandscape matedal and existing on- s te or proposed easements. 35. The dumpster enclosure shall meet the design standards as described in LDR, Chapter 9, Section 10.C. Note that the wooden enclosures are not permitted in the city. 36. Off-street parking (minimum of 9 spaces) has to be constructed prior to issuance of Cert ficate of Occupancy for the Food Court bu Iding. Provide a document, signed by the property owner, indicating Where tl~e9 parking spaces are to be acated and h s/her approval of the additional parking. Aisc, provide drawings indicating that the 9 parking spaces Wil not cause a parking deficiency on the property where the additional Darking is to be provided. 37. On the Landscape. Plan amend the tabular summary of the planting material to include a "landscape material required by the code" category. Aisc, provide relevant calculations for~this category.' Foi' the landscape buffer adjacent to the right~of-way and along al~utting propertie~ provide perimeter distances of the parcel for which the landscape buffer material (both.trees and hedges) is being calculated (Chapter 7 5, Art cie I1 - Landscape Code). 38. Incorporate the above calculation into the tabulation of the landscape material provided for the site. The native reguirement is fifty percent of the required landscape planting (Comprehensive Plan ;Policy 4.4.6). 39. In order to screen the vehicular use area, as required by LDR, Chapter 7.5, Articie II, Section 5.E provide a hedge ~long the eastern property line between the southeast corner of the building and ,the curb of the driveway. If such hedge meeting the city standards already exists on the adjacent property, the on-site hedge requirement can be waived, betrayer, the landscape plans indicating the compliance of the substitute hedge with the city's landscape code have to be subm tted to the Planning and Zoning Department for verification 40. On the elevation drawings depictcolor code and manufacturer's name of all new exterior building materials or finishes, as indicated in the submitted color code chart. 41. Submit to the Planning and Zoning Department a presentation board containing ; samples of all exterior building materials ~to be used for construction. 42. Submit to the F~lanning and Zoning Department ce ored elevations all four sides of the building (only one was submitted). Page 5 Shoppes of Woolbright - Food Court File No. NWSP 96-014 DEPARTMENTS 43. Prior to the building permit issuance, obtain a letter from Palm Beach County which approves the January 17, 1997 revisions to the traffic study. (To assist the applicant, staff submitted the study to the county on February 12. 1997.) INCLUDE Pdor to issuing a certificate of occupancy for the Food Court building, rectif7 the most current approved master plan. No temporary certificate of occupancy shall be issued for this condition. 44. On the landscape plan, show all existing and/or proposed utility easements. Trees. other than palms, are not permitted within utility easements. 45. On the site plan sheet 3 of 8, show ail setbacks as required by LDR, Chapter 4, Section 7. B.1 46. Prior to issuance of the building permit submit a copy of the drainage permit issued bythe Lake Worth Drainage District. 47. Eliminate discrepancies between the site data provided on the site plan and paving, drainage and utility :plan. 48. Dueto the~proposed relocaf~on~ to the north, of the driveway on S.W. 8th Street, a master plan modification is required to be submittec and presented to the Planning and Development Board and City Commission prior to issuing a certificate of occupancy for the Food Court building. No temporary certificate of occupancy sha!I be issued tot'.this condition. 49. The submitted cross easement agreement needs [o be reviewed and accepted by the City Att0mey, and subsequent[y, recorded in the Palm Beach County Recorder's Oftice. No certificate of occupancy will be issued for either Food Court or Discount Auto Part store until the driveway north of Discount Auto is constructed. ADDITIONAL PLAN NING AND DEVELOPMENT BOARD CONDITIONS REJECT 51. Recommendation for denial and board review of revised building elevations which comply with staff recommended conditions. ADDITIONAL CITY COMMISSION CONDITIONS 52. I To be determined. ~-.- ~-~ '/bme ADDITIONAL COMMENTS/CONDITIONS INCLUDED BY CITY COMMISSION: Food Court at Shoppes of Woolbright PCD (File No. NWSP 96-014) City Commission Meeting of 3/4/97 1. Rooftop si,qns are prohibited. SiRnage on sides of parapet is allowed. 2 With the approval of Burger King, the city Commission required that "the design elements approved for Bur,qer Kin,q site shall be carried forward on all future development within the PCD". Amend the elevation drawings to comply with the requirement of the City Commission and to provide compatibility of architectural design within Shoppes of Woolbri,qht PCD. It is recommended that: · to break up blankwalls on highly visible buildin,q north and east elevations, provide a series of in-sets, off-sets control joints and provide small ,q ass block windows on the north elevation. to achieve continuity, coordinate landscapinR alonR S.W. 8'n Street with the landscape desi,qn schemes of Burger Kin,q and Discount Auto with respect to species and setback/location. 3. Pdor to issuance of aC.O, on the Landscape Plan amend the tabular summary of the plantinR material to include a "landscape material required by the code" cate,qory. For the landscape buffer adjacent to the riRht-of-way and along abutting properties, provide perimeter distances of the parcel for which the landscape buffer material (both trees and hedges) is bein,q calculated (Chapter 7.5, Article II - LandScape Code). No temporary C.O. shall be issued for this. 4. Prior to the issuance of a C.O., incorporate the above calculation into the tabulation,of~he landscape material provided for the site. The native requirement is fifty percent of the required landscape planting (Comprehensive Plan Policy 4.4:6.) No temporary C.O. shall be issued for this. 5. Prior to issuance of a C.O., in order to screen the vehicular use area, as required ~yLDR, Chapter 7.5, Article II, Section 5.E. provide a hedge alon,q the eastern property line between the southeast corner of the buildin,q and the curb of the driveway. If such hed,qe meeting the city standards already exists on the adjacent property~ the on-site hedge requirement can be waived, however, the landscape plans indicatinR the compliance of the substitute hedge with the city's landscape code have to be submitted to the Planning and Zoning Department for verification. No temporary C.O. shall be issued for this. DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OFBOYNTONBEACH, FLORIDA APPLICANT: Howard R. Scharlin, Trustee APPLICANT'S AGENT: Michael Morton of Morton Group, Inc., DATE OF HEARING BEFORE CITY COMMISSION: March 4, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval to cer~struct a.6.492 square foot automobile parts store on 0.64 acres in the Shoppes of WOolbd,qht PCD. LOCATION OF PROPERTY: north of Woolbright RoaC East side of S.W. 8th Street, approximately 300 feet DRAWING(S): SEE EXHIBIT "B" 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 Applicant'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. DATED: March 41 1997 CityCclerk SHOPPES OF WOOLBRIGHT PARTS 1:::3 PUl:) EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright - Discount Auto File number: NWSP 96-012 Reference: The clans consist of 7 sheets identified as 2nd Review, New Site Plan. File #NWSP 96-012 with November 12 1996 Plannino and Zonina Deoartment date stamp markinq DEP'~J:~TMENTS CL DE REJECT PUBLIC WORKS Comments: None I ' UTiLiTIEs Comments: 1. Pa m trees will be the only tree species allowed within utilities easements. : Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future, (Sec. 7.5-18.1). 2. Water lines, including fire hydrants and water serv ces and water meters, tO be owned and operated by the city shall be included within utilities easements. ~ please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city (Sec. 26-33(a)). 3. Water meter boxes are not perm tted in sidewalks. Therefore please change the Iocation of the meter box shown on sheet 2 of 4 (Paving Drainage and Utility Site plan). 4. ' A capacty reservation fee of $790.02 is due within thirty (30) days of ~ commission approval/sec. 26-34fl=]'l, FIRE Comments: None POLICE Comments' NONE DEVELOPMENT DEPARTMENT Comments: 5. i All plans submitted for specific permits shall meet the city's code requirements at time of app cat on These permits include, but are not limited to the following; i site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFVVMD and any other permitting agency shall be included with any permit request. 6. Provide certification by developers engineer that drainage plan complies with all , city ~odes and standards. Chap. 6, Art. V, Sec.5A, pg. 6-7 and Chap. 23, Art. IIF, V pg. 23~8. 7. A~I landscaped areas shall be provided with an automatic water supply system. ~ Chap. 7.5, Art. Il, Sec.5B, pg. 7.5-14. P~ge 2 Shoppes of Woolbdght - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS I iNCLUDE I REJECT 8. Provide a satisfactory lighting plan. Chap. 23, Art. llA, pg.23-6. 9. Wall signage as shown exceeds area as provided for in LDR, Chapter 21, Article IV, Section 3C. 10. Signage co ors w have to comply with Shoppes of Woolbright sign program. 11. The roadway shown as access to the dumpster location shall be built in conjunction with this project. 12. Monument sign as shown on site plan shall comply with city standards as to size, setback, vis b lity criter a and the Shoppes of Wee br ght sign program. ,/"/ 13. Median landscaping must be completed and accepted prior to issuance of a C.O. for any building. 14. Access road must be completed and accepted prior to issuance of a C.O. for i any building. 15. Plat approva and record ng will be required prior to issuance of a certificate of , ~ occupancy. 16. Provide cross access agreements between Burger King/Discount Auto/Food Court. 17 Hedae material must be soaced with nlants fid to rio at Dlantina, PARKS AND RECREATION Comments' NONE FORESTER/ENVIRONMENTAL ST Comments: 18. There are existing trees within the parcel. There may be some existing trees in , the road right-of-way which should be relocated to give ingress/egress to the site. (Sec. 7.5) PLAI~NING AND ZONING Comments: 19. Provide a survey of the property as required by LDR, Chapter 4, Section 7.A. 20. 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 rooftop 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 the eye level from a distance of 600 hundred feet from the buildin~l (LDR, Chapter 9, Section 11.E). Page 3 Shoppes of Woolbright- Discount Auto Parts File NO. NWSP 96-013 21. As part of the Burger King approval, the City Commission required that "the design elements approved for Burger King be carried forward on all future development within the PCD". Amend the elevation drawings to comply with the requirement of the City Commission and to provide architectural compatibility within the Shoppes of Woo brght PCD It:is recommended that · subst tute a matte finish on the mansard roof instead of the proposed glossy finish. · . to break up blank walls on highly visible west, north and south building : elevations provide a series of insets, or non-structural co umns f the ' exterior walls are to be split concrete block or provide a series of control joints on these elevafions if the exterior walls are to be stucco (downspouts suggested are not funcfional with the mansard), and regardless of wa finish, provide a series of small windows (6 feet or more above the finished elevation so as not to conflict with service and storage areas). · to achieve continuity coordinate landscaping along S.W. 8th Street with th~ landscape design schemes of Burger King and Food Court with respect to' species and setback location · lighten the shade of grey proposed for the building waI~s or change to pale peach or cream (the prcJposed co or s darker than RaceTrac). ~ 22. The approved master plan ind cates a mod an cut within SW 8th Street just west of the access,drive to the Burger King property. Amend the site plan drawings to include the modified median and deceleration lanes that are shown on the masterplan. 23. The proposed build ng and s te signage shall meet the approved Shoppes of Woolbright PCD master s gn program criteria. Therefore, provide a note describing the size of the monument sign to reflect its compliance with the maximum approved sign dimensions of 8 feet in length and 5 feet in height (maximum of 40 square feet on a 2 feet h gh base) Also indicate the proposed colors of signs in accordance with the approved sign program and the appeal to the Community Design P an (both development orders dated November 19, 1996). 24. The City's Land Development Regulations, Chapter 5 - Platting, requires a plat to be submitted if the land/parcel is split into more than two (2) lots. The submitted survey indicates that the proposed project will create more than two (2) lots in Tract "C". File a replat of Tract ,,C,, of Shoppes of Woolbright with the Development Department. No certificate of occupancy w be ssued for the Discount Auto Parts building or Food Court bud ng until the plat is approved by the City Commission. 25. On the site plan show ail setbacks as required by LDR Chapter 4, Section 7.B.1. The ocatk~n of t~e building on the site plan does not conform to setback regulation~ in respect to the rear yard and the northern s de yard Amend the site plan to reflect proper setbacks or receive approval of a variance. BOULEVARD CENTER Application Description & Justification Statement CitY of Boynton Beach, FL prepared for: The Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 September 19, 1996 CHARLES PUTMAN & ASSOCIATES PLANNERS I LAND DEVELOPMENT CONSULTANTS Boca Raton, Florida I (407) 994-6411 BOULEVARD CENTER Land Use Amendment, Text Amendment & Rezoning APPLICATION DESCRIPTION & JUSTIFICATION STATEMENT September 19, 1996 Application summary This petition requests that a 2.5 acre parcel be rezoned from R-1AA (Residential PUD) to C-2 (Neighborhood Commercial) and that the Future Land Use Plan designation for this parcel be amended from MoDR (Moderate Density Residential) to LRC (Local Retail Commercial), Because of the size of the property, this application should be processed as a small scale land use amendment. This property is located on the south side of Boynton Beach Boulevard approximately 600 feet West of the intersection of Boynton Beach Boulevard and Old Boynton Beach Boulevard (SW 8th Street). Attached as Exhibit A is a map showing the site location. Supplemental to this petition, an application has been filed for a Text Amendment to Area 7.a. of the Land Use Problems and Opporttmities Section of the Future Land Use Element Support documents of the Comprehensive Plan to allow Local Retail Commercial land use on the north 2.5 acres (the subject site) of the vacant property located on the east side of Pall Beach Leisureville. Site Description Surrounding Uses - The subject site is undeveloped and surrounded by a single family residence, vacant single family lots and the Boynton Memorial Chapel Funeral Home to the east, vacant property designated for a City park to the south, single family residences of the Leisureville development to the west and the multi-family residences of Casa Blanca on the north side of Boyuton Beach Boulevard. The property has approximately 200 feet of frontage along the 6 lane Boynton Beach Boulevard major arterial. Land Use & Zoning - The property is currently designated as Moderate Density Residential by the Future Land Use Plan and is zoned R-1AA. The existing land use permits a residential density of 7.26 units per acre which would allow for the development of up to 18 single family units. The R-1AA zoning further restricts the residential development by limiting the lot area to 8,000 square feet. Based on this minimum lot size, the greatest number of lots achievable without considering roadways, parking, buffers and other development standards is 13. This petition requests the land use to be changed to Local Retail Commercial and a rezoning to the C-2 district. These designations allow for the development of any use permitted by the C-2 zoning district. However, in addition to the prohibited uses outlined by the C-2 section morrommo~t.rpt 2 September 19. t996 of the Land Development Regulations, the applicant proposes to further prohibit the following uses.' Automotive service station, without major repairs [see definitions: "major repairs"), and including car washes as an accessory use, provided that at least one (1) frontage lies along a four-lane collector or arterial road, and the site is developed in accordance with Section ll.L. In the C-2 district, repair and service of vehicles, other than refueling, shall be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more that one (1) ton. All repair and service of vehicles shall be done within an enclosed building. Dry cleaning service, limited to handling goods that are brought to the premises by retail customers. Dry cleaning on premises, limited to handling goods that are brought to the premises by retail customers. Any use listed under 6.B.1 or 6.B.1A of the Land Development Regulations, which uses, handles, stores, or displays hazardous materials, or which generates hazardous waster as defmed by 40 Code of Federal Regulations, Part 261. The maximum development allowed by the proposed commercial desiguafions could be over 87,000 square feet in a two story building based on the development standards of the C-2 zoning district. This petition however proposes a maximum of 40,000 square feet which is only 46% of the maximum development allowed. The proposed uses would generally consist of office and tow intensity retail. Retail uses would be limited to a one story building. History In November 1990, this parcel was subdivided from a larger property of which the southern 3.617 acres was dedicated to the City of Boynton Beach for parks and recreation purposes. Both the park land and the subject site are currently undeveloped. This subdivision created the subject 2.5 acre site and exhorts that it is no longer suitable for residential development. Two previous applications have been ~ed for commercial land use and zoning changes on this property since 1990. The first application in 1990 proposed C-3 zoning for a farmers market and drive-through dairy barn. This application was not supported by City staff or the Planning & Zoning Board and was ultimately denied by the City Commission. The second application in 1991 proposed medical offices by changing the zoning to the C-1 district. This application received a recommendation of approval from staff and the Planning & Zoffmg Board. City Commission voted to deny the application. raorton\mort, rpt 3 September 19. 1996 Existing_C_QConditions Since 1991, this area of the City has intensified significantly with the development of parcels within the immediate area and the extensive growth in the western areas of the City and County. This growth warranted the widening of Boynton Beach Boulevard from a 4 lane roadway to the current 6 lane arterial roadway. Boynton Beach Boulevard is a major east/west corridor for vehicular traffic between 1-95 and the Florida Turnpike. The growth and intensity of the area is directly reflected by the number of cars passing this site on a daily basis. As indicated in the attached traffic study, there are approximately 40~000 cars passing this site each day. Development activity in the area is indicative of the change in conditions for this portion of the Boynton Beach Boulevard corridor. Since 1991, Checkers~ The Waffle House and Clear Copy, Inc. have all been constructed between this site and 1-95. These businesses have obviously chosen thin location because of the intensity of traffic~ access to a major arterial and high visibility required for restaurant and retail type uses. Criteria for Comprehensive Plan Amendments & Rezoning Section 9.C.7 of Chapter 2 (Zoning) of the Land Development Regulations lists the criteria to be evaluated for a proposed land use amendment and rezoning. The following reflects the criteria and provides a response relative to the subject application. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The planning department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Area 7.a of the Comprehensive Plan Future Land Use Element Support Documents addresses how residential property should be treated considering the increased intensity of the area due to the Boynton Beach Mal/. The proposed land use amendment/rezoning is inconsistent with this section, however, a supplemental application has been submitted to amend the existing language of Area 7.a. The existing and proposed amended language is as follows: EXISTING LANGUAGE 7.a. Residential Parcels in Vicinity_ of Old Boynton Beach Road and Boynton Beach Boulevard, Between Congress Avenue and Interstate 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Beach Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares wouM cause sertous traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning shouM not be permitted on the residential lots and small parcels which lie along OM Boynton Road to the northwest of Florida Power and Light morton\mort.rpr 4 September 19. 1996 substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. [One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Beach Road be changed to local Retail commercial, and the zoning changed to C-2 neighborhood commercial. The development of this parcel shouM be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a planned commercial development.] The northern 330 feet of the Florida Power and Light Company propert) should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R1A zoning. This land use~zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcei which lies along the east side o£ Palm Beach Leisureville shouM be ,limited to either sin~le4amilv residential use. with a m'aximum density comt~arable to the adiacent portion oI'~Le~sure~ille, or to a low-intensity institutional U~e. (e~hasis added) PROPOSED LANGUAGE As indicated above, the southern 3.617 acres of the "vacant parcel" referred to in this section was dedicated to the City for park purposes in 1990. Accordingly, the language of this section is no longer applicable to the remaining 2.5 acres subject site. Therefore, the text amendment application that accompanies this land use amendment/rezon'mg proposes the last sentence of this section to be revised as follows: ... The vacant ouW_ arcel which lies alon~_ the east side of Palm Beach Leisurevitle has direct access with Bo_vnton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres shouM be limited to Q_tfice/Retail use consistent with the land use to the east. The balance ql~ the property south of the frontage parcel shouM be a low intensity civic or institutional use. or a neighborhood park. The proposed text amendment will bring this section of the Comprehensive Plan Future Land Use Element Support Documents into compliance with the current existing conditions of the area and be more appropriate given the intensity of Boynton Beach Boulevard and the size and configuration of this property. Policy 1.t9.6 states: "Subsequent to Plan adoption, do not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that a particular property ts unsuitable for othe? uses, or a geographic need exists which cannot be fulfilled by existing commercially zoned property, or no other suitable property for a commercial uses exists for which a need can be demonstrated, and the commercial uses would comply with all other applicable Comprehensive Plan policies ". The extensive residential growth of the western area of the City and County demand the need for commercial development. As indicated by Policy 1.17.1 (see below) this type of development should be located along major arterial roadways where access is greatest. morronunort.rpt ~ September 19. 1996 The subject site is best suited for the proposed commercial developmem considering its location, access to Boynton Beach Boulevard, size and configuration. Policy. 1.1 Z 1 states: "Discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least". As indicated above, direct access to the major arterial (Boynton Beach Boulevard) satisfies the criteria of "where access is greatest". With proper planning, office and commercial development can provide a transition between the more intensive activity at the intersection of Boynton Beach Boulevard and SW 8th Street/Old Boynton Beach Boulevard and the adjacent residences. If commercial development is not allowed for this property, low income housing would be likely be developed to achieve any economic benefit. Unfommately, low income housing can be more obtrusive than properly planned commercial development. This application establishes planaing considerations to minimize impacts to the adjacent residential uses by extensive buffering, setbacks and building height limitations. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public weffare. The proposed land use amendment/rezoning is not contrary to land use pattern of the immediate area or the overall City. In fact, the property abutting this site to the east is zoned C-2 and contains a funeral home. Commercial land use and zoning exists along major arterials throughout the City. This application would not create an isolated district or grant a special privilege. It is consistent with other areas in the City and the C-2 zoning immediately abutting the property to the east. The proposed amendment would allow for the infill development of a better suited use on a small parcel of land with direct access to a major arterial roadway. c. Whether changed or changing conditions make the proposed rezoning desirable. The most significant change of conditions is the widening of Boynton Beach Boulevard and the growth of the western areas of the City and County. The roadway has been widened from 4 lanes to 6 lanes and as stated previously, the traffic volume on this major arterial roadway near the site is ipproximately 40,000 trips per day. This roadway capacity is not conducive for access to a single family residential development on this size of property. In addition, the western areas of Boymon Beach and Palm Beach County are under tremendous growth of residential developmem. This growth requires additional commercial uses to support the population. mortonmaorr.rp~ 6 September 19. [996 f. Whether the proposed rezoning would be compatible with ut'dity systems, roadways and other public facilities. Muulcipal water and sewer mains exist within the right-of-way of Boynton Beach Boulevard. The City Utility Department has confirmed that there is sufficient capacity within these mains and the City treatment plants to serve the proposed development. Of course, final details of ut'dity connections and permitting would be required prior to building permits. LLkewise, Boynton Beach Boulevard has sufficient capacity to accommodate the traffic generated from the proposed development. The attached traffic study farther describes the current roadway conditions. As required by the application for this land use amendmenffrezoning, attached as Exhibit B is a compar/son of impacts on roads and utilities between the exisfmg residential designation and the proposed commercial designation. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. As stated in the response to item a. above, properly planned commercial development can provide a transition from more intensive commercial uses to surrounding residential development. This application proposes landscape buffers that exceed the Code requirement in width and landscape material in an effort to be more compatible with adjacent uses. The proposed land use and zoning are also consistent with the C-2 zoning and funeral home immediately abutting this property to the east. Whether the property is physically and economically developable under the existing zoning. Based on the 7.26 units per acre density allowed by the existing MoDR land use designation, this site could be developed with a maximum of 18 single family units. The R-1AA zoning district however, requires a minimum lot area of 8,000 square feet. Consider'mg the 2.5 acre (108,900 sf) size of this parcel, only 13 lots could be developed. After buffers, roadways, parking and other required improvements are implemented, the actual number of units would decrease even more. Because of the few number of units, the intensity of the area and direct access to Boynton Beach Boulevard, developing this property for single family residences would be extremely difficult, if not impossible to finance and market and therefore is not economically feasible. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. morton\mort, rpt 7 September 19, 1996 Due to the size of the property, the proposed rezoning will be of a scale that is consistent with the needs of the area and the City. Whether there are adequate sites elsewhere in the city for the proposed uses, in districts Where such use is already allowed. Although there are other sites ~vithin the City with commercial designations, the size of this property makes the site unsuitable and economically unfeasible for residential under its current designation. This application proposes infill commercial development pursuant to the criteria of Policy t. 19.6 of the Comprehensive Plan as addressed above. Conclusions This application establishes the fact that residential development is no longer suitable for this 2.5 acre parcel primari/y due to its size, access and economic feasibility. A parcel of this size with access to a major arterial such as the 6 lane Boynton Beach Boulevard is better suited for the proposed commercial development. As indicated above, various sections and policies of the Comprehensive Plan support this change of land use and zoning. Impacts to adjacent properties and the surrounding area must also be considered when a change of land use and zoning is being proposed. This application acknowledges the adjacent residential uses and proposes the following site development restrictions in an effort to minimize the Lmpacts to be more compatible. Along the interior property lines where adjacent to residential development, a 10 foot wide buffer will be provided consisting of a 6 foot high l-mished masonry wall. 10 foot high trees every 30 linear feet and a continuous hedge. This far exceeds the 2.5 foot wide landscape buffer required by Code. The proposed building area is 40,000 square feet which is 46 % of the maximum building area allowed by the commercial land use and zoning. Building height for retail uses will be limited to one story consistent with the adjacent funeral home and residential uses. Although these restrictions are illustrated and noted on a Concept Plan attached as Exhibit C, they will be implemented ufider a separate application for site plan approval once a specific uses is known. Given the criteria outlined above, this application meets the criteria and provides the justification required for the proposed land use amendment and rezoning from the existing residential designation to the more appropriate commercial designation as def'med by Section 9. C.7 of Chapter 2 (Zoning) of the Land Development Regulations. mortommorr.rpt 8 September 19, 1996 EXHIBIT A BOULEVARD CENTER Location Map nton Beach Blvd. September 19. 1996 EXHIBIT B BOULEVARD CENTER Comparison of Impacts ,on Roads & Utilities 2 BR Sin?le Family General Retail public Facility .. Rate @ 18 units Rate @ 40,~000 sf Roads 7 tpd/unit 126 tpd See Study 1,636 add. tpd Water 437 gpd/unit 7,866 gpd .125 gpd/sf 5,000 gpd Sewer 350 gpd/unit 6,300 gpd .1 gpd/sf 4,000 gpd morton~mort.rpt 10 September 19. 1996 ~ ' . . ~ ~NORTH m ~ o~ m ooo ~ Boulevard Center 8oyntoa Beach, F~odda EXHIBIT C