Minutes 05-21-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, MAY 21, 1996, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Matthew Bradley, Commissioner
Henderson Tillman, Commissioner
Jamie Titcomb, Commissioner
Dale Sugerman, Assistant City Manager
James Cherof, City Attorney
Janet Prainito, Acting Deputy Clerk
I. OPENINGS
A. Call to Order
Mayor Taylor called the meeting to order at 6:35 p.m.
B. Invocation
The invocation was offered by Rabbi Max Roth of Temple Beth Kodesh.
C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb
The Pledge of Allegiance to the Flag was led by Commissioner Titcomb.
D. Agenda Approval
1. Additions, Deletions, Corrections
Commissioner Henderson added II.C (Appointments to Municipal League). Due to family
circumstances, he would like Commissioner Bradley to take his place as the regular
member on the Municipal League, and he wilJ take Commissioner Bradley's place as the
alternate member.
The Commission agreed to hear Item VIII.D immediately after Item VI.D, since both items
deal with the Boynton Beach Mall.
Vice Mayor Jaskiewicz will report on the Nuisance Abatement Board under ll.B.
Mr. Sugerman added Item IX.D (Fourth of July Fireworks).
Mayor Taylor added Item IV.B.5 (Anti-Drug Actions).
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2. Adoption
Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Tillman
seconded the motion, which carried 5-0.
II. ADMINISTRATIVE
A. Accept resignation from the following Boards
1. Dr, Floyd Beil, Regular Member, Advisory Board on Children & Youth
2. Fawn Bradley, Regular Member, Community Relations Board
Vice Mayor Jaskiewicz moved to accept the above resignations. Commissioner Titcomb
seconded the motion, which carried 5-0.
B. Appointments to be Made
APPOINTMENT
TO BE MADE
BOARD
LENGTH OFTERM
EXPIRATION DATE
III Jaskiewicz** Adv Brd on Children Stu/AIt 1 yr term to 4/97TABLED
IV Tillman** Bldg Brd of Adj & Appeals Reg 3 yr term to 4/99TABLED
Mayor Taylor** Cemetery Board Alt 1 yr term to 4/97TABLED
I Titcomb** Community Relations Brd Reg 3 yr term to 4/99TABLED
II Bradley** Community Relations Brd Alt 1 yr term to 4/97TABLED
I Titcomb Nuisance Abatement Board Reg 2 yr term to 4/98FROZEN
III Jaskiewicz Nuisance Abatement Board Alt 1 yr term to 4/97FROZEN
IV Tillman** Recreation & Parks Board Alt 1 yr term to 4/97TABLED
Mayor Taylor** Senior Advisory Board Alt 1 yr term to 4/97TABLED
III Jaskiewicz** Golf Course Advisory Com Alt Term expires 6/01TABLED
IV Tillman* Adv Brd on Children & Youth Reg Term expires 4/97
Mayor Taylo¢ Recreation & Parks Board Alt Term expires 4/97
I Titcomb* Community Relations Board Reg Term expires 4/98
First time appointment appears on the agenda
Second time appointment appears on the agenda
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Motion
Commissioner Bradley moved to remove the tabled appointments from the table. Vice
Mayor Jaskiewicz seconded the motion, which carried 5-0.
Commissioner Tiilman appointed Melvin Sternbach as a regular member to the Building
Board of Adjustment and Appeals, without objection.
Mayor Taylor reappointed Candace Smith as.an alternate member of the Cemetery Board,
without objection.
Motion
Commissioner Bradley moved to unfreeze the appointments to the Nuisance Abatement
Board. Commissioner Titcomb seconded the motion, which carried 5-0.
Vice Mayor Jaskiewicz advised that on May 16, 1996, she met with Police Chief Marshall
Gage, a vice officer from Boynton Beach and Lake Worth, and a member of our legal staff
and Lake Worth's legal staff to discuss the procedures of the Lake Worth Nuisance
Abatement Board. The meeting was very productive and we are very enthused about
activating our Nuisance Abatement Board. She met with the members of the Boynton
Beach Nuisance Abatement Board this evening to see if they would be interested in
serving in this very important role, and they were. This hits the drug and prostitution
problem on another front, and a very effective front. She said Nuisance Abatement Boards
can be a more effective tool than the courts.
Commissioner Titcomb appointed Rev. Thomas Newton as a regular member to the
Nuisance Abatement Board, without objection.
Mayor Taylor appointed Mary Cannon as an alternate member to the Senior Advisory
Board, without objection.
Vice Mayor Jaskiewicz appointed Frank Wohlfarth as an alternate member to the Golf
Course Advisory Committee, without objection.
Mayor Taylor appointed Bruce Black as an alternate member to the Recreation and Parks
Board, without objection.
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Motion
Commissioner Titcomb moved to approve the appointments as stated and to table the
remaining appointments. Commissioner Bradley seconded the motion, which carried 5-0.
III.CONSENT AGENDA
A. Minutes
1. Regular City Commission Meeting Minutes of May 7, 1996
2. Special City Commission Meeting Minutes of May 14, 1996
No addition, deletions, or corrections were made to the minutes of the above meetings.
B. Bids - ReCommend Approval - All expenditures are approved in the 1995-96
Adopted Budget
None.
C. Resolutions
1. Proposed Resolution No. R96-64 Re: Rescinding Resolution No. R96-037
designating T & J Equities as Developer for the Marina Project
This resolution was prepared in light of Mr. Simons' withdrawal from the marina project on
Friday, May 3, 1996.
D. Approval of Bills
A list of these bills is attached to the original minutes on file in the City Clerk's Office.
E. Payment of Bills - April 1996
A list of these bills is attached to the original minutes on file in the City Clerk's Office.
F. Approve purchase of Raid Array - Data Storage Subsystem for the Utility
Department Computer System Network from Engineering Software Services,
Inc. (State Contract) in the amount of $45,008.00
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Pursuant to Utilities Memorandum No. 96-158, this data storage array was budgeted and
approved in the 1995/96 budget. This unit will be used for increased storage capacity on
the UtilityDepartment Computer System Network.
G. Approve refund of Boynton Beach Mausoleum space in Devotion Building,
Section F, Crypt B-3
According to the memo from the City Clerk, Denise Valek requested a refund on this crypt.
The amount or the refund is $2,200, which is 20 percent less than the purchase price of
$2,750.
H. Approve transfer from Contingency Fund to City Hall other contractual
services - Real Estate Advisory Services - Marina
This transfer will provide funds for real estate advisory services for the Downtown Marina
Project.
I. Authorize the City Manager to execute a contract with Severn Trent Systems
for utility billing software maintenance
Pursuant to Dale Sugerman's memo, dated May 13,1996, to City Manager Carrie Parker,
the ITS staff has reviewed this contract and recommends its approval on an hourly rate
basis.
J. Authorize the City Manager to execute a contract with McCaan Associates
Inc. for the continuous testing services for the position of police officer
Pursuant to Mr. Sugerman's memo, dated May 13, 1996, to City Manager Carrie Parker,
the Human Resources Office has found this agreement to be in order and recommended
entering into this contract.
K. Approve Phase II Tee Renovation for seven holes and the teaching tee at
Boynton Beach Municipal Golf Course to Laserturf Leveling in the amount
of $9,912.50
Mr. Sciortino pointed out that the total for tee renovation is $25,637.04, and the Golf
Course will be supplying the necessary fill for this project for approximately $9,912.50.
This brings the total project amount to $35,549.54.
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L. Approve purchase of three six inch Metron meters in the amount of
$9,585.00 for the Utilities Department
The details of this purchase are contained in Utilities Memorandum No. 96-155 and
Requisition No. 78153.
M. Approve Change Order No. 12 for Cassidy Air Conditioning, Inc. in the
amount of $1,223.20 for additional work
Pursuant to Facilities Memorandum No. 96-57, this work was needed to make field
changes in new insulated duct work runs due to changes in size and shape of ducts from
the original design and conflicts with concrete and steel joists and beams.
Motion
Vice Mayor Jaskiewicz moved to approve the Consent Agenda. Commissioner Tillman
seconded the motion, which carried 5-0.
IV. ANNOUNCEMENTS & PRESENTATIONS
A. Announcements
1. Historic Preservation Meeting for site survey presented by Research
Atlantica and the Planning Department Wednesday, May 22, 1996 at 7:00
P.M. in the Library Program Room
Mayor Taylor made this announcement. He advised that the city is planning to have a
survey done of all of the historical places in Boynton Beach.
2. Open House at Fire Station #3, corner of Congress Avenue and Miner
Road, May 25, 1996 from 10:00 A.M. to 3:00 P.M.
Mayor Taylor made this announcement.
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3. Joint City Commission/Palm Tran/Senior Advisory Board Meeting May
30, 1996 at 6:30 P.M. in the Library Program Room
Mayor Taylor made this announcement. Information about the new bus routes planned for
Boynton Beach will be available at this meeting. There will also be discussion about the
city buses.
Palm Beach County School Board Meeting - Wednesday, June 5, 1996 -
5:00 P.M. at the School Board, Forest Hill Boulevard. Show of support
for Boynton Beach High School
Mayor Taylor made this announcement.
B. Presentations
Presentation by Pam Gerig, Executive Director, Palm Beach County
Sports Commission - RE: Feasibility Study to determine if West Palm
Beach Auditorium should be replaced
Ms. Gerig was not present. In her place was Joe Casale, a member of the Palm Beach
County Sports Commission a~nd the Arena Task Force. He stated that the Sports
Commission was created in 1985 by a county resolution. It was funded by a local tourist
tax, and in the first six years of its existence, part of the problem with it was government
bureaucracy that made it very difficult to do what it was intended to do, which was to bring
sports events into Palm Beach County and stimulate the debt tax. To that end, in 1991,
the Sports Commission was privatized and a board was formed of 14 elected and 14
appointed positions. The TDC then used a portion of its money to help fund the Sports
Commission. Presently, the Sports Commission has increased funding to 5 percent of the
debt tax, and last year over $60 million of economic impact in Sports Commission events
came into Palm Beach County. As the Sports Commission has grown, and as
entertainment and sports facilities have outdated themselves in Palm Beach County, the
Sports Commission decided to form an Arena Task Force to investigate whether or not the
West Palm Beach Auditorium needed to be placed.
The City of West Palm Beach entered into an agreement to sell the property that contains
the auditorium and the stadium. The stadium project has now been finalized and moved
to Jupiter. The auditorium will be torn down in October, 1997. We formed an Arena Task
Force Committee and commissioned Stein and Company, which is a Chicago real estate,
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development and sports marketing firm, to implement a feasibility study to see if a new
arena was viable. That study showed that an arena project is viable anywhere from
Boynton Beach Boulevard north to 45th Street. Stein and Company recommended that
a facility of 12,500 be constructed to deal with the growth in the area and to make sure that
the facility can last over a longer period of time.
The auditorium was built in 1967 and seats 5,400 people. It has served its usefulness in
the county for over 30 years. However, the population in this county in 1967 was 320,000.
In 1994, the population was about 950,000. Presently, the population is close to one
million people.
Mr. Casale said the arena would benefit this community in many ways. It would stimulate
the debt tax. As we are growing as a Sports Commission, we are able to bring in more
events, and more organizations are contacting us about events. However, we need the
proper facilities to house events, such as the NCAA basketball regional tournaments and
Olympic style tournaments like the U.S. volleyball tournament. You need an indoor facility
that has at least 12,000 seats.
In terms of funding this facility, we are talking about a public/private partnership. We are
talking about having the county issue bonds totalling $60 million, which is the approximate
cost of the facility, which will be paid for by a private side investor and also through the sale
of sky boxes, club seats, and advertising revenues. That would service the debt that would
be issued by the bonds. The county would be under no risk. The private side sector and
the management firm selected would be assuming the risk on the bonds.
We have three anchor tenants. We have the Beach Dogs and the CBA basketball team.
We have an agreement with the American Hockey League which states that if a new arena
is built, they will bring in an American Hockey League franchise which is equivalent to AAA
baseball. The Florida Panthers announced their intentions of wanting to have that be their
parent team, so we would have an opportunity to link up with the Panthers in a major
league and minor league partnership. The Panthers are very supportive of Palm Beach
County and this project. They would bring 41 to 45 home dates into the arena. Therefore,
between the arena football team, the Bobcats, which bring in eight dates, another anchor
tenant, the hockey team, and the basketball team, we are looking at close to 80 dates right
out of the gate. A facility of this size averages between 151 and 167 useable dates a year.
In addition to sporting events, we are talking about concerts, ice shows, seminars, and
entertainment events. The auditorium currently has a few of these events; however,
because of its size limitation, it cannot go out and actively bid for more.
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Right now he is just talking to the commissioners and communities to talk about their
support and need for this project:
He advised that events like the circus and Disney On Ice work on a cycle basis. For
instance, the circus establishes their schedule over a three year period. Therefore, when
the West Palm Beach Auditorium is torn down, we could lose the circus for at least three
years. In many cases, once they leave an area, it is very difficult for them to go back
because they wind up cultivating a new area. It is hoped that the new facility will be
completed in the fall of 1998. He urged communities to lend their support to this project
because it will service the entire county.
Commissioner Bradley asked if the 12,500 seats are based on population. Mr. Casale
advised that the seats are based on population and the ability to attract the kind of events
wanted.
Mayor Taylor asked if he has designated sites that he is looking at right now. Mr. Casale
said he is looking at areas between Boynton Beach Boulevard and 45th Street. He is aisc
looking into the private community to see who would be interested in being involved in this.
He currently has four interested parties which would assist in covering the debt service on
the bonds. Mayor Taylor suggested he take a look at Quantum Park. Mr. Casale advised
that Stein and Company looked at this area during the feasibility study.
Mayor Taylor asked Mr. Casale what kind of community support he is looking for.
Mr. Casale said he wants people to support the fact that we need a new indoor facility and
that they would support this project in its present makeup. We are not looking for $60
million in county funds. We are looking to make this a public/private partnership. We
request the support of the cities because we are in a public/private partnership. The
private side is not going to cover the debt on this facility, and it is not going to be something
that is going to revert back to the county.
Mayor Taylor asked Mr. Casale if he is looking to the cities for financial support.
Mr. Casale said he is not looking to the cities for financial support. He is looking for the
cities for overall community support so that when he goes to the County Commission on
June 18th with Phase 2 of the plan, the residents and officials will realize that this is a
facility that is necessary for the continued growth in the sports and entertainment end of
this county. He was not looking for financial support at this time.
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2. Proclamation - Memorial Day - May 27, 1996. Accepted by Jerry Levine,
Chairman of the Veterans Council
Mayor Taylor read a proclamation declaring Monday, May 27, 1996, as Memorial Day in
the City of Boynton Beach and presented it to Mr. Levine. Qn behalf of the City of Boynton
Beach, Mayor Taylor thanked all the veterans and all those who have given so much to this
county and to their country.
Mr. Levine said when a nation makes a decision to go to war, it makes a decision to build
three armies. The first army is those who served in the Armed Forces and go in Harms
Way. They take a risk and some of them gave the supreme sacrifice and died for their
country. We remember them on Memorial Day and we remember them with honor and
dignity.
The second army created is an army of widows, widowers, and children who have lost a
parent. It is our sacred responsibility to comfort and assist those in need. We must place
safety nets so that these people may rebuild their lives.
Finally, we realize that many of our servicemen and service women will come home with
grievous wounds and be damaged, physically and psychologically. We are responsible for
their care we are very proud that the Veterans' Administration Hospital has just opened in
Palm Beach County. This is the first new veterans' hospital in 25 years.
Mr. Levine had a couple of concerns that he said perhaps he and Mayor Taylor can work
together on. All the posts decorate the graves of servicemen with flags and crosses and
some of these graves at Boynton Beach Memorial Park have no name plates. He stated
that these men served their country well and deserve better. He hoped the city and
veterans' posts could work together and properly mark the final resting place of these
veterans.
Mr. Levine's second concern was that taps, w,~ich is the sacred sound played at the
graves, is now being used as a commercial to sell dog food. He felt this was a disgrace
and urged people to call their local television stations and point out to them how Iow they
are stooping when they do something as bad as that.
Mr. Levine hoped everyone would take it upon themselves to comfort our wounded
soldiers, sailors, and other service persons in the Veterans' Hospital, and in some way
enrich their lives. He said they are stuck in this facility, and it would be nice to take them
out occasionally. He said it would also be nice to adopt a pen pal and write to them, to
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remember their birthdays and to remember them at other times during the year. Above all,
he felt it was incumbent upon us to remind our Congress and our President that we have
a debt of honor to these people who have been damaged and injured for this country, and
that this debt of honor is something that has to be paid for, and that it is a higher priority
than many of the other things that we are caring for in this country.
He thanked the Commission for the proclamation and support. He invited everyone to the
Memorial Day Service in Boynton Beach Memorial Park on Sunday, May 26th, at 2:00 p.m.
to honor all veterans.
Mayor Taylor stated that freedom is not free and the least we can do is remember those
who paid the price. He was struck that there are some unmarked graves and promised to
work with Mr. Levine personally to see that that is taken care of.
3. Proclamation - National EMS Week - May 19 through May 25, 1996.
Accepted by Deputy Chief Jim Ness
Mayor Taylor read a proclamation declaring the week of May 19 through 25, 1996 as
Emergency Medical Services Week and presented it to Deputy Chief Ness. Mayor Taylor
said an emergency medical person is sort of like a military man--until you need them, they
are unappreciated, but when you need them, they are the best people in the world.
Deputy Chief Ness invited everyone to the 4th Annual EMS Open House at Fire Station
No. 3 this Saturday. There will be many displays and demonstrations. Trauma Hawk will
be landing on Miner Road and doing a hot Icad. Hot dogs and soda will be served. He
encouraged everyone to bring their children to see Sparky.
Presentation by Barry Jennings, Senior Environmental Analyst,
Department of Environmental Resources Management - RE: A controlled
burn at Seacrest Scrub Natural Area at South Seacrest Boulevard
Deputy Chief Ness advised that the city was notified a few weeks ago by the Palm Beach
County Department of Environmental Resources Management that the area of the
Seacrest Scrub was going to have a control burn coming up within the next six weeks.
About 17 acres are going to be burned. He introduced Kathleen Brennan, Environmental
Program Supervisor, and Barry Jennings, Senior Environmental Analyst, who explained
exactly what is going to happen, how it is going to be done, and who is going to be
responsible for it. The Fire Department will be working very closely with these individuals.
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Ms. Brennan stated that the Department of Environmental Resources Management
appreciates the way that the city has worked with them in the acquisition of the Seacrest
Scrub. She was pleased to inform the city that the management plan has been approved
by the Board of County Commissioners and we are in the process of starting the design
work for the public access facilities. Hopefully, the site will be open to the public late this
year or early next year. In order to preserve the site and comply with our matching
requirements from the state, we need to do prescribed burning which is necessary to
maintain the ecosystems and the endangered and threatened species on the site. We are
going to be working with you to prepare for a management burn within the next several
weeks. The exact date of the burn is dependent on the weather conditions (temperature,
wind speed, wind direction, and relative humidity). We have distributed an informational
flyer on the burn to the residents, businesses, churches and schools in the area, and also
to the media. Anyone who has a respiratory condition or needs to be informed on the day
of the burn or before the day of the burn to make arrangements to leave the area is asked
to call us. At present, we have about 25 institutions and about 15 residents on the call list.
We will call them the afternoon before or the morning of the burn, depending on the
weather conditions and their requirements. She distributed an information packet which
contained a copy of the press release that was sent to the media, the information flyer that
was distributed to the residents and businesses, a map showing the location of the area
to be burned, and a generalized fact sheet on prescribed burning which explained the
benefits of the burn.
Ms. Brennan introduced Barry Jennings, who has many years of experience in prescribed
burns and land management. He is going to be coordinating the technical aspects of the
burn and serve as the incident commander.
Mr. Jennings described the interagency coordination and the operational procedures that
will be used during the burn. Slides were shown during his presentation. He stated that
the area to be burned is surrounded by neighborhoods, roads, highways, and railroad
tracks. He has done 50 to 100 prescribed burns in various areas. A slide was shown of
a wild fire, which we want to avoid in our natural areas. The flame heights are 15 to 20
feet, reaching up into the pine trees, and there is a lot of dark smoke in that area. In our
communities where we have natural areas, it is easy for these natural areas to grow to a
certain condition that will allow a wild fire, or a fire set by individuals, to go uncontrolled and
we would have to extinguish it under the worse conditions. One of the benefits of
prescribed burning would be to reduce the fuel loads in these natural areas so that we do
not have these problems.
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A slide was shown of a prescribed burn. There is a tremendous difference between a
prescribed burn and a wild fire. The flame height and smoke is reduced and it is a much
safer burn. Under these conditions, we can reduce the fuel loads and if we periodically
burn these natural areas, we will have very safe conditions and we will avoid any possible
conflagrations with local communities, neighborhoods, and highways.
Mr. Jennings stated that the site has been painstakingly prepared and a lot of effort was
made to make sure that it is very controlled. A fire line was cleared around the entire
property and around the perimeter of the 17 acres within the 54 acres that are going to be
burned. This puts the vegetation on the ground and makes it so that it is very safe to burn.
It kills the vegetation temporarily. The brown, dried vegetation is burned. This makes it
a lot less smoky in the area. We not only cleared a path around the Seacrest Scrub area,
but we have axed much of the interior vegetation on the entire 17 acre unit that we are
going to burn. Slides of the machinery used in a prescribed burn were shown.
We are operating as a multi-agency operation using the incident command system that the
Police Department, Fire Rescue, the Division of Forestry, and the Department of
Environmental Resources Management uses. The Boynton Beach Police Department will
be maintaining and controlling traffic along Boynton Beach Boulevard.
We only burn on days when the weather conditions will promote a safe burn and the
smoke will not have a negative effect on surrounding neighborhoods and highways. We
do a test burn. As we see that the test fire is going to behave the way it should, we will
proceed with the burn. If it does not, we extinguish it and do not burn that day.
As the fire backs into the property, about 50 to 100 feet, we use other methods of burning
to burn the property. After the burn is completed, it is put out completely.. All the smoke
and embers are extinguished and before we leave, we make sure there is no residual
smoke in the area that will settle in on some of the highways.
A slide was shown of what the area will look like after the burnl The area will regenerate
within a month or two. It will be very green, very lush vegetation that will be very good for
the wild life. The wild life will come back in and feed off of the young, succulent vegetation.
The burn will much improve this area and will have made it safer in case a burn gets
started accidentally.
Several agencies will be involved in this burn. They met Yesterday and preliminarily
discussed the roles that all will be playing in the burn.
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Commissioner Titcomb stated that the Seacrest Scrub is surrounded on all four sides by
residential. He asked about the smoke abatement plan should the burn get out of control.
Mr. Jennings said the contingency plan is to provide enough equipment on the property
and to provide enough control by the preparation that we have made that we should not
have any escapes. There will be enough equipment on the scene to be able to extinguish
escapes quickly. However, he did not expect any problems because of the way the
property will be prepared.
Mayor Taylor asked if there is any alternative to a burn. Mr. Jennings said the only other
alternative would be to cut down the vegetation and let it lie in place. One of the draw
backs of that is that there will still be unburned fuel laying on the ground and a fire could
occur and burn those dried fuels. Aisc, the nutrients would not be recycled in the same
way that they would be if we burn. In addition, that would not provide the wild life with the
same succulent vegetation once the vegetation begins to grow back. Furthermore, that
would not provide the opportunity for some of the native species to regenerate because
a lot of them need fire. One of the major species on this property is sand pine, which
requires heat in the cone to open it up to release the seed. Therefore, the fire plays a
natural role in these ecosystems and they cannot perpetuate without it. Eventually, they
would cycle into a different type of ecosystem that is not intended in nature. Sand pine
ecosystems along the Atlantic ridge are very rare and are almost endangered. We have
a lot of endangered species in these properties that are maintained through prescribed fire.
Therefore, it is incumbent upon all of us to make sure we provide the type of ecosystems
that we need to keep these systems vibrant and active, and prescribed fire is the only way
to do that.
Mayor Taylor asked how long this burn will take. Mr. Jennings advised that it will probably
be lighted about 10 o'clock in the morning and it should be extinguished somewhere
around 4 o'clock in the afternoon.
Mayor Taylor commended the Department of Environmental Resources Management for
taking the precautions of letting everyone know about the burn.
5. Anti-Drug Actions
Mayor Taylor expressed pride in the Boynton Beach Police Department. He advised that
a major drug dealer was put out of business in Boynton Beach. Bell's Grocery on Martin
Luther King Boulevard was shut down. This was done through the tremendous efforts of
the Police Department and the Wrice marchers.
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Mayor Taylor stated that the people from Bell's Grocery came to this Commission about
a month ago and complained that they could not control loiters around their building. Also,
about two weeks ago, they complained to the Police Department that the Wrice marchers
are affecting their legitimate business by keeping real customers out of their store. Yet,
when the Police Department finally busted this store, it was a candy shop for drugs. The
Police Department also obtained warrants to search these individuals' home and found
pure cocaine in their home, and the people involved are probably going to be put away for
a long time.
Mayor Taylor said this should be a warning to this community that Boynton Beach is very
serious about getting drugs out of this community. He commended the Police Department
and the Wrice marchers: He said the people need to know that if they have a relative who
is involved in drugs, they need to do their best to' get them out of that and bring them home
because if they do not, we are going to find a new home for them, and it is not going to be
in Boynton Beach.
V. BIDS
A. Award bid for Ocean Avenue Lighting Project to C. R. Dunn, Inc. in the
amount of $17,539.00 (Proposed Resolution No. R96-65)
Motion
Commissioner Bradley moved to approve Resolution No. R96-65 in an amount not to
exceed $17,539.00. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0.
B. Award bid for the construction of the Dispatch Center rest rooms to
McTeague Construction Company in the amount of $10,859.00 (Proposed
Resolution No. R96-66)
Motion
Commissioner Titcomb moved to approve Resolution No. R96-65 in an amount not to
exceed $10,859.00. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0.
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VI. PUBLIC HEARING
With regard to the items under Public Hearing and Development Plans, Attorney Cherof
stated that all of the materials in the Commission backup package this evening, or any
documents presented by staff, will automatically become part of the record. If anyone has
other documents that they want to be part of the record, they need to identify those
documents when they make their presentation or statement and make certain that a copy
is left with the clerk this evening before they leave. He stated that the members of the
Commission who have had contact with any of the representatives or parties or people of
interest on any of thes~ agenda items should disclose any communication at this time.
Vice Mayor Jaskiewicz disclosed that she has spoken to many residents about the Hills at
Lake Eden project. Mayor Taylor said he met with residents and received a telephone call
from the builder of the Hills at Lake Eden project, indicating that he was going to apply for
a rezoning. Commissioner Titcomb disclosed that he received telephone calls from
concerned residents, and someone who may be related to the builder, about the Hills at
Lake Eden project. Commissioner Bradley spoke to a number of residents with regard to
the Hills at Lake Eden PUD. He also spoke to Michael Morton with regard to the
Woolbright Place PUD and the Vinings, Phase 2. Commissioner Tillman disclosed that he
also received telephone calls from the residents regarding the Hills at Lake Eden.
At this time, Attorney Cherof administered the oath to those who will be testifying regarding
the items under Public Hearing and Development Plans.
A. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
St. Joseph's Episcopal Church and School
Jerome Milord
St. Joseph's Episcopal Church and School
3300 South Seacrest Boulevard
CONDITIONAL USE: Request to construct a 7,591 square
foot new library, art and lecture building, housing a preschool
facility, and a 299 square foot addition to the Classroom #5
building in place of the demolished library and lecture/art
buildings.
Jerome Milord represented St. Joseph's Episcopal Church and School. He requested a
conditional use for Phase 3 to upgrade the campus to meet today's standards as far as
education and the environment of the school. Their intentions are to demolish the existing
library and lecture hall and replace them with new ones. He agreed with all staff's
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conditions, and the screening of the air conditioning units to be installed on the new phase.
He stated that the members of the Planning and Development Board recommended
screening the rooftop units on the gymnasium building. He objected to this because it was
not in the code at the time he received approval to build the gymnasium. However, he will
bring this to the attention of the Board of Directors of St. Joseph's. Mayor Taylor stated
that the city has been taking the appearance of our community very seriously, and every
time we see a chance to improve our appearance, we do our best to do so. He would
appreciate Mrl Milord taking this to his Board of Directors in a positive manner.
Tambri Heyden, Director of Planning and Zoning, stated that there are two buildings that
are going to be demolished along the south property line and in their place a new building
is going to be constructed. This is a conditional use process because schools are a
conditional use in the R-I-AAB zoning district. In the conditional use process, a use is
considered to be acceptable provided thorough review of such things as ingress and
egress, parking, loading, refuge, utilities, screening, buffering, landscaping, relationship to
adjacent properties, and economic effects have been evaluated. We have done this and
anticipate no further impacts to the surrounding area. Staff recommends approval subject
to all staff comments. Also, as Mr. Milord stated, the Planning and Development Board
recommended two additional conditions.
Mayor Taylor commended staff for doing a thorough job in making sure that all the
requirements of the conditional use were met.
No one in the audience wished to address this item.
Motion
Commissioner Titcomb moved to approve the conditional use request to construct a 7,591
square foot new library, art and lecture building, housing a preschool facility, and a 299
square foot addition to the Classroom #5 building in place of the demolished library and
lecture/art buildings, subject to all staff comments. Vice Mayor Jaskiewicz seconded the
motion, which carried 5-0.
B. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
Hills at Lake Eden, PUD
Burl Gentry
Newport Properties, Inc.
15.45 acres located at the west side of the intersection of
Seacrest Boulevard and Gulfstream Boulevard
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DESCRIPTION:
REZONING: Request to amend original rezoning conditions
to reduce the required minimum unit size to be constructed
in the PUD from 2,400 to 1,800 air-conditioned square feet
and reduce the required average size of the units to be
constructed in the PUD from 2,600 to 2,400 air-conditioned
square feet
Burl Gentry of Gentry Engineering and Land Surveying Inc. requested that the City
Commission reduce the required square footage for the proposed home sites to a
minimum 1,800 square feet under air, which is the same as previously required by the
R-1 -AAB zoning which previously covered this property. The developer is also requesting
that the city reduce the average square footage to 2,400 square feet under air. The
developer agrees to maintain all other conditions covering the Planned Unit Development
in the zoning approval previously. In regards to the square footage requested by the
developer, the developer presented to the City Commission a study of the surrounding
home sites, north south, east and west, and it was obvious that the average square footage
was 2,600 square feet under air and a minimum of 24,00 square feet as previously agreed
to. The developer has agreed that he made a couple of mental calculations during the
previous approval that were in error. After posting signs for marketing purposes on the
subject property, the responses have not been supported to justify the square footage
originally agreed to. The developer has yet to receive confirmation for prospective sales
for in excess of 2,000 square feet from the responses that he has received to date.
Therefore, the developer feels that if you cannot sell the 2,400 square feet home sites
under air, that he would be best served to return to the original zoning (R-1-AAB) which
would allow him to construct the home sites of 1,800 square feet under air. The developer
is requesting that the City Commission consider reducing the minimum of square footage
to 1,800 square feet under air and an average square footage of 2,400 under air to allow
the successful development o.f this property.
Frank Pinto, the developer, said he found out very late this afternoon that some people are
under the misconception that we could only put 42 lots on this parcel, using the old zoning
(R-1-AAB). Mr. Gentry received approval for a 52 lot subdivision on this parcel. One of
the problems that we found with the subdivision as it was, was that there were going to be
houses facing Swinton Avenue. We did not like that and asked Mr. Gentry to redesign.
In that redesign, he came up with the philosophy of the PUD. We are only talking about
an additional four lots. However, the configuration of the lot is much better for the new
homes of today. We are here to address some of the issues that we are facing. Since the
last approval we received, we put several signs on the property, and the largest house that
we have discussed with the people who have called us on that sign is about 2,000 square
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feet. This is far below what you are asking us to do. He said to the east of this site the
homes run from $75,000 to $100,000. To the south they are as Iow as $46,000. To the
north, in Mission Hill and Chapel Hill, sales average approximately $113,000. To the west
sales average $240,000. We are trying to market a niche between these four different
subdivisions. We do not want to compete with anybody because we cannot. We have
been asked if we would build a $115,000 house. We cannot do that because our lot costs
are too high. We are presently looking at a cost to put the gated community in place of
almost $5,000 per lot. We do not want to take that away because we feel it improves the
whole community and gives us that niche we need in order to market a product.
In Lake Eden Plat 4, 15 percent of the subdivision has 2,000 and fewer square feet, and
that represents long houses. Some 2,100 to 2,400 is 40 percent of the subdivision. The
phone calls we have had on the sign generally reflect a market for a smaller house. A
brochure put together by Thomas Dugan shows some of the homes presently on the
market. The asking price for an air conditioned 1,959 square foot house is $175,000. We
would rather compete with that 1,959 square foot house on a direct basis than have a
2,400 square foot house that might be close to that sale price. He introduced Thomas
Dugan, who reviewed the marketing approach that he has used to compile the information
in the brochure.
Mr. Dugan, who lives at 710 N. Swinton, stated that he has been a builder in South Florida
for over 18 years. He is on the board of a couple of builder associations in South Florida.
He said his goal tonight is to present only the facts. He is a friend of Mr. Pinto's and of
several of the homeowners in the area. He had a couple of local realtors pull up the
current sales and past sales for the last two to four years. He also had the Tax Assessor's
Office pull up the homes of Lake Eden Plat 4 and several homes in Mission Hill and Chapel
Hill, but he did not have them pull up very much in Barrett Heights, which is east of the
property east of Seacrest. To the east of the project is Seacrest, which is Barrett Heights.
He took the information he received from the realtors and came up with an average price
of approximately $75,000. Some homes are more and some are a little less. He randomly
asked the realtors to pull up 15 or more of the homes in Mission Hill and Chapel Hill and
came up with $113,000 on an average. He pulled up the average square footage and the
listing prices on the homes in Lake Eden Plat 4. He calculated the square footage, and
less than 60 percent of the homes were 2,474 square foot. There are some very large
homes there, but only seven of them are over 3,400 square feet under air. He then looked
at the size and price of the homes in Barrett Heights, Chapel Hill, and Mission Hill and
noticed that there appeared to be a move up market between Chapel Hill, Mission Hill and
the people who live at Lake Eden Plat 4. Those homes are typically a little older. The
people have done a lot of renovations in them, and they are on the water. However, there
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was no niche between the two to create the next rung on the ladder. The Barrett Heights
homes were the least expensive, and the homes in Chapel Hill were $113,000. There
weren't many homes in the $169,000 to $180,000 range. The homes south of the property
off of Seacrest sold for $46,000, $149,000, $151,000, and $140,000. If you stick with an
average square feet of 2,600, you compete directly with the new home basis against the
older home, against the people who live in Lake Eden. He feels if you reduce the average,
you will fill that niche and create that possible next move up person for the Lake Eden
area. There is one side benefit. By the development of the project itself, you create
additional traffic. Those homes that are currently on the market in the area may or may
not benefit.
If you buy a home for $169,000 and wind up mortgaging $150,000, that means that your
annual income must be approximately $60,000. Your income would have to be between
$80,000 and $82,000 to purchase a 2,600 square foot home. According to the Chamber
of Commerce, the mean average income of the City of Boynton Beach is $32,000. He felt
a $60,000 home was not a shabby home, nor was it an insult to the neighborhood.
Commissioner Tillman questioned Mr. Dugan's calculations. Mr. Dugan explained that he
divided the 9 homes by the 60 and found out that 15 percent of the 60 homes were less
than 2,000 square feet. Then he took 2,400 square feet and divided those 24 homes by
60 and found out that 40 percent of the homes were less than 2,400 square feet. Then he
took the next, which would include the 2,000 to 2,600 and divided that by 60 and found out
that 60 percent of the homes were less than 2,600 square feet.
Commissioner Tillman said the majority of the numbers of the high end is over 2,000.
Mr. Dugan said that is not true. Commissioner Tillman felt Mr. Dugan reversed the
numbers to show in terms of percentages. Mr. Dugan said he took the first under 2,000
square feet, divided that in total number, which was 9 homes, by 60, and found out that
15 percent of the 60 homes were less than 2,000. Then he added the 9 and 15 and found
out that 40 percent of the homes were less than 2,400 square feet.
Commissioner Titcomb asked if we could then conversely say that 85 percent of the
homes are over 2,000 square feet, using the same numbers. Mr. Dugan said, "No." He
said Commissioner Titcomb is reading something in there that is not there.
Commissioner Tillman said 9 of 60 homes are less than 2,000 square feet. So that means
the majority of the homes are higher than 2,000 square feet. Mr. Dugan agreed; however,
he said the key is the average. Of the 60 homes, 9 are less than 2,000 square feet. Of
the 60 homes, 24 are less than 2,400 square feet. Of 2,600 square feet, 36 of the 60
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homes, which is greater than 50 percent, are less than the average that you are asking the
property to be built across the street. You have one project that is on the water, and you
have a project that is not on the water, and you are asking them to build an average square
foot bigger. It does not make sense.
Vice Mayor Jaskiewicz did not think a sign listing the square footage is going to sell or not
sell the property. She felt the models and the way they are placed are going to sell the
property. With regard to the average income, she pointed out that this city is undergoing
a major economic revitalization and redevelopment. More businesses are coming in this
year than in the last 10 years, and we are looking for many executives of these businesses
to look for places such as this development to settle in. She also pointed out that the city
has already made concessions. She felt this property is extremely marketable the way it
was previously presented, and pointed out that statistics can be presented in many ways.
Commissioner Bradley asked Attorney Cherof where the city would stand if this request is
denied. He pointed out that a developer has the right to develop his property and there are
strong property rights that protect that person. With regard to the property rights, Attorney
Cherof stated that the same rights that the developer has with respect to the development
of this property, the adjacent property owners have with respect to the community. Since
the Commission recently addressed this issue in a formal presentation, the developer
needs to demonstrate a compelling reason to alter that which was entered into less than
90 days ago. In the absence of that type of evidence, the Commission would be on firm
footing to do exactly what they did less than 90 days ago, and reconfirm the existing
approval.
Ms. Heyden stated that the burden of proof is on the applicant. Based on the information
which was submitted with this application, which was just a letter, she could not support
the application.
Mayor Taylor stated that we are not here to discuss the original zoning. The only issue
before the Commission tonight is minimum unit size. This has already been approved as
a PUD zoning. The 2,400 square feet is probably only meeting half of the Iow end of what
is to the west of there, and he certainly would not want to degrade that any further. In fact,
he would like to improve it. He understands the applicants may have made some errors
in their calculations; however, he reminded them that he pointed out at that meeting that
he thought that was a rather tough market for the kind of numbers they were talking about.
He said we have an agreement, and he was ready to stick to our end of it.
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Ellen Smith presented a petition signed by over 75 residents of Lake Eden in opposition
to this project as proposed tonight, and asking the developer to fulfill his original
commitment.
John Miller lives at 1 N.W. 24th Court in Delray Beach, which is approximately 75 to 100
yards south of the subject property. He stated that the city and homeowners have already
compromised in an endeavor to make this marketable. Marketability is incumbent upon
the developer, not us. During their presentation, they dwelt on the properties to the east,
north, and south of them and cited some very isolated examples. The majority of the
homes are very large lake front homes. Mr. Miller felt the developer is trying to anneal
himself to the higher value homes just to the west of him, and if he builds small $100,000
to $120,000 homes, he is borrowing the value of our homes and maybe even taking that
from us to add onto his. He implored the City Commission not to do this. Also, the higher
densities are going to affect the cause that Karen Marcus is championing in West Palm
Beach. He also asked the Commission to take into consideration the impact that this
development would have on the schools. If there is an entrance to the Hills at Lake Eden
on Swinton, how are we going to get those people out when they want to go north at the
intersection of Mission Hill and Seacrest, which is already a very dangerous and highly
over traveled intersection. He would rather see the entrance on the much more traveled
road, which is Seacrest.
Motion
Commissioner Bradley moved to deny Newport Properties' request to amend the original
March 19th zoning conditions. Commissioner Titcomb seconded the motion, which carried
5-0.
C. Project Name:
Agent:
Owner:
Location:
Description:
The Boynton Beach Community Development
Corporation (CDC)
Law Office of Allen Wm. Martincavage, Sr.
The Boynton Beach Community Development Corporation
(CDC)
Three pamels totaling 0.339 acre at 2191 Seacrest Boulevard
(southwest corner of Gateway Boulevard and Seacrest
Boulevard)
LAND USE AMENDMENT/REZONING: Request to amend
the land use from Moderate Density Residential to Office
Commercial and to rezone from R-1 (Single Family
Residential) to C-1 (Office/Professional)
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Diana Hileman of the law office of Allen Wm. Martincavage, Sr. stated that the Boynton
Beach Community Development Corporation is a nonprofit corporation that acts to help
working people obtain affordable housing in the Boynton Beach area, and also to help
improve the community itself. The land use amendment/rezoning is being requested
because the CDC wants to use a building on one of the parcels as their office to accept
applications for their project. Currently, the use, the way it is zoned, is really not feasible
any longer due to the close proximity of the 1-95 Gateway interchange and we feel, based
on these special circumstances, that this request would improve the site and would help
to improve the community. She said conditions were discussed at the Planning and
Development Board meeting and the CDC has no problems with maintaining the height
restrictions at the current R-1 zoning and with the reversion condition. She advised that
the deed contains a reversion clause back fo the city if that property is no longer used for
the purposes that the Boynton Beach CDC is using it.
Ms. Heyden stated that this is a rezoning from R-1 to C-1 for three parcels at the southwest
corner of Gateway Boulevard and North Seacrest Boulevard. Staff recommended approval
of this request because it is consistent with the Comprehensive Plan, because of the
expansion of Gateway Boulevard, because there is existing infrastructure to support the
rezoning, and because of the benefits to the community of this type of use in that
neighborhood.
Ms. Heyden advised that the Planning and Development Board recommended limiting the
building height to the building height of the current R-1 zoning. Both allow a maximum of
25 feet, but in the C-1 zone, you are allowed to go to 30 feet if you have under building
parking. The Planning and Development Board also recommended that if the use were
to discontinue, it revert to the R-1 zoning. Ms. Heyden pointed out that the deed does not
include the reversion of the zoning. Aisc, the deed only covers two of the three lots. She
advised that these conditions were discussed with the City Attorney and are acceptable.
Mayor Taylor asked how much parking they are providing. Ms. Heyden stated that this will
be addressed when it goes through site plan approval. The square footage would be
based on one space for every 300 square feet of the building. She was not sure how many
square feet there is in the building.
No one in the audience wished to address this item.
Vice Mayor Jaskiewicz felt the services that will be provided would be advantageous to the
residents, and that this would be an aesthetic improvement to the area.
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Motion
Vice Mayor Jaskiewicz moved to amend the land use from moderate density residential to
office commercial, and to rezone from R-l, single-family residential, to C-1, office
professional. Commissioner Tillman seconded the motion.
Mayor Taylor shared Vice Mayor Jaskiewicz' view. He said we have been waiting a long
time to see that corner improve. He hoped this will do it and that whoever takes it over
maintains it.
The motion carried 5-0.
D. Project:
Location:
Description:
Boynton Beach Mall Department Store F
801 North Congress Avenue
PARKING LOT VARIANCE: Request for relief from City of
Boynton Beach Land Development Regulations, Chapter 23
- Parking Lots, Article II, 1.1.- Parking lot layout, to reduce the
back-up space from 27 feet to 25 feet for two-way parking on
both sides of access aisles on each of the two levels of a
proposed parking garage and reduce the length of parking
spaces that abut the perimeter of the two levels of the
parking structure from 18 feet to 17.25 feet
Mac Conahan represented the applicant. He stated that the initial variance that was
requested was not acceptable to the city staff, but staff worked with us and provided
suggestions, and the applicant is now requesting what staff recommends.
Ms. Heyden gave a summary of what this entails. The access aisles or traffic ways where
you have parking On either side, require 27 feet. The applicant is short 2 feet on the
access aisle where the ramp is connecting the two stories. The applicant is also short 2
feet on the access aisles on the ends of the building. Our parking lot regulations also
require that our parking spaces be 18 feet deep. The applicant is 8 inches short of that 18
feet on all the parking spaces around the perimeter of the structure. Staff recommends
that the walls of the parking structure be pushed out 2 feet 8 inches on the north and south
walls and that the east and west walls be pushed out 8 inches. So essentially, the first part
of the variance goes away. Regarding the access ramp and the 2 foot shortage on the
access aisle, staff recommends that the 2 foot shortage be eased by allowing a shortage
of 1 foot on each of the access aisles north and south of the ramp. Mr. Conahan agreed
to this.
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No one in the audience wished to address this item.
Mr. Hukill said staff was greatly concerned about parking on the slope, which is 17 feet
vertically for a 150 feet horizontally. This is a more than 10 percent slope. Staff's concern
was that if you park there and try to back out, you will have a very bad sight line due to the
corners, the ramp slope, and the transitions. Mr. Conahan agreed to the 10 degree
condition.
Motion
Commissioner Titcomb moved to approve the parking lot variance, agenda item VI.D.,
subject to staff comments. Commissioner Bradley seconded the motion, which carried 5-0.
VIII. DEVELOPMENT PLANS
D. PROJECT:
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall, Department Store F
Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
DeBartolo Properties Management, Inc.
Boynton-JCP Associates, Inc. Ltd., a Florida limited
partnership
801 North Congress Avenue
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to construct a 162,502
square foot department store with parking structure
Mr. Conahan represented the applicant. Aisc present was Rod Vosper of DeBartolo
Properties. Mr. Conahan said the applicant is generally in agreement with the staff
conditions. He worked with the City Forester this afternoon regarding some landscaping
issues and has come up with language that addresses three conditions. The other two
items that needed to be addressed tonight are the issue of the arch height and the issue
of parking stops. The remaining conditions are acceptable.
City Attorney Cherof asked him to identify the number of the conditions that are not agreed
to. Mr. Conahan hoped that condition 17, paragraph 1 of condition 19, and condition 24
will be addressed by replacing them with the proposed language set forth in his letter which
was distributed to the Commission. (This letter is attached to the original minutes on file
in the City Clerk's Office.) The wheel stop issue is number 10, and the height issue is
number 37.
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Regarding comment number 10 (the requirement for wheel stops), Ms. Heyden stated that
in 1982, a parking lot variance was submitted to not require wheel stops in the mall. The
comment was made by the Engineering Department that it is unclear whether or not this
variance included future expansions. In further researching this issue with the City Clerk's
Office, although the records are not totally complete, she felt there is convincing evidence
to bridge this gap. There are references made to an original site plan that talks about
Phase I and Phase 2, and this sixth department store was Phase 2. Therefore, she
believes, although she does not have a site plan to prove this, that the intention was that
the variance cover Phase 1 and Phase 2 of the mall.
Since wheel stops are not required anywhere else in the mall, Mayor Taylor did not think
we should insist on having them here. The rest of the Commission agreed with him.
Mr. Hukill stated that the variance was approved in 1982 and the code was written well
after that. This particular parking lot is probably one of the most important parking lots in
all of the city. Applicants regularly ask us to allow them to put in parking lots without curbs
or wheel stops. The wheel stops are put there to keep people from racing around in a
parking lot. He suggested that if we do not want to enforce this rule in a 6,000 car parking
lot, that rule should be taken out of the Land Development Regulations.
It was the consensus of the Commission not to require wheel stops. City Attorney Cherof
advised that if it is the consensus of the Commission not to require wheel stops, then
comment 10 would be rejected by the Commission in the approval form.
Comment 37 deals with the building height. Ms. Heyden advised that we have a building
height that was approved by referendum in 1982 which says that all structures in the city
shall not exceed 45 feet. However, structures such as parapets, cooling tower screens
and skylight peaks (basically mechanical appurtenances) can go beyond 45 feet if they are
approved through a height exception process.
She explained the applicant's proposal utilizing the elevation they submitted. She pointed
out the entrance feature, which is a semi-circle. This semi-circle exceeds 45 feet by 9'6".
Right now the way the plans have been submitted, the parapet wall does not screen
anything. She said the applicant indicated that he plans to have mechanical rooftop
equipment and that it would screen that mechanical rooftop equipment.
In 1982, a very similar issue arose with regard to Macy's, and they were allowed to at least
go through the height exception process. Therefore, staff recommends that this applicant
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be allowed to go through the height exception process. Mr. Conahan advised that this
recommendation is acceptable to the applicant.
Regarding comments 7, 19 and 24, Mr. Conahan met with the City Forester, Kevin
Hallahan, after Ms. Heyden's memorandum was written. Mr. Hallahan indicated that he
has seen Mr. Conahan's May 21, 1996 letter addressed to the City Commission and he
had no objection to its contents. Ms. Heyden advised that this would take the place of
comments 17, 24, and a portion of 19. This letter, which is attached to the original minutes
on file in the City Clerk's Office, states that condition 17, paragraph I of condition 19, and
condition 24 will be replaced with the following condition:
"As part of the Tree Management Plan the applicant shall confirm the
quantity of presently living slash pine trees within the Pine Preserve
Area to the satisfaction of the City Forester. All presently living slash
pines that, in the judgment of the City Forester, cannot be reasonably
saved in conjunction with the removal of the exotics from the Pine
Preserve Area shall be replaced on a one-to-one basis with new
8 to 10 foot tall slash pines."
The letter further states that if this change is made to the Site Plan Conditions, the
applicant will accept the other conditions relating to the Pine Preserve Area.
Commissioner Bradley asked for some background information on the preserve area, what
the DRI demanded, and what ordinance was in place. Mr. Hallahan advised that from a
historical prospective, the preserve area is unique to the city because originally the mall
was presented to the city by way of the county, and the city basically did not oversee any
of that preserve area until recently, at the request of some of the people who live in the
adjoining neighborhood to remove the exotic vegetation from the area. This is how the
whole process started with our Parks Division and Code Enforcement looking through the
file to see what we would enforce. He said there is a development order that has gone
back to the late 1970s that basically stipulates what can and cannot take place on the
property known as the preserve. After a discussion today with the applicant's attorney,
Mr. Hallahan would like for him to stipulate some of the historical background as to what
brings it up to date. Mr. Hallahan stated that a management plan for the preserve area is
missing. Currently, the only requirement that he is aware of on the development order is
that the exotics be removed. That is only one of the steps we normally take in creating a
management plan. So his position in agreeing to the items tonight would be the eventual
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creation of a management plan document that will go forward with the mall properties so
that we will have some measurable way of identifying that they are taking care of the
property.
Mr. Conahan stated that the original development order for this property was adopted by
the county because this property was in the county in 1974. In 1974 they had a condition
in the development order that the pine area be preserved. That development order was
adopted but there was no development of the project until 1982 when the main property
was annexed into the city and the city adopted a development agreement. The
development agreement was silent as to the pine area. Starting around 1985 and coming
to some finality in 1989, the city adopted a development order that had the identical
conditions as in the 1996 amended development order that the Commission adopted
earlier this year. That specified that the exotics were to be removed from the preserve
area and that a restrictive covenant be placed upon the preserve area to assure that it will
remain as a pine preserve. The 1989 proposal was to cut the preserve area in half. The
Regional Planning Council did not agree with that and took an appeal of that to the Florida
Land and Water Adjudicatory Commission (hereinafter referred to as the "FLWAC"). When
we were at that level, the applicant agreed to preserve the entire pine area. and the 1991
amended development order was adopted as an agreed order before FLWAC. This is
what we traveled under until this last amendment was adopted in February of this year.
Commissioner Bradley said the order in 1991 was no different from the other orders in that
it just specified exotic removal and preservation. In other words, you could not build
anything else there. Mr. Conahan said that is correct. He added that one of the main
issues that came up over the years was that there be a management plan and the
applicant had resisted a management plan in 1987, 1988, 1989, and in 1991. In 1991, the
Commission adopted, without a management plan. However, because of the concerns of
the residents, and also because of Mr. Hallahan's concerns, we have agreed to the
condition in the proposed conditions tonight to add a requirement for a management plan.
We will work with Mr. Hallahan and put together a management plan that will work to
preserve that area. The change in the language that we are proposing will give
Mr. Hallahan the full discretion to tag and identify the trees that will be part of that
management plan.
Mayor Taylor asked when will we have the management plan. Mr. Conahan said the
management plan has to be approved by the Forester before a building permit is issued.
Mayor Taylor noticed that the previous management plan discussed removal of exotics and
preservation of the area. He asked if the management plan will include maintenance of
the preserved area. Mr. Conahan answered affirmatively.
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Mr. Hallahan stated that the removal of the exotics was predicated on occurring two years
after a structure is built. He would like a management plan that suggests it be done sooner
than that, and to include a proper maintenance plan for the preserve area, in perpetuity.
Mr. Cenahan stated that according to the present condition, the removal of the exotics will
occur before the Certificate of Occupancy is issued, and the management plan has to be
approved by Mr. Hallahan before the building permit is issued.
Gary Lehnertz, 619 S.W. 2nd Avenue, commended the Planning and Development Board
and the City Commission for requiring a management plan for this preserve area. He
stated that we also need a plan to replace a lot of the native plants and trees. At one point,
this was a very thick and viable slash pine area and the exotics have crowded out a lot of
the native vegetation that was there. He would like the management plan to include
replacement of a lot of those native species that are no longer there.
Steila Rossi, 629 Whispering Pines Road, commended Mr. Hallahan and the developer for
accepting the Forester's recommendations. Regarding comment 22 (the littoral zone
plantings), Environmental Resources Management of Palm Beach County (ERM) has
found out that the donut concept (planting around the entire retention pond) has not
worked out as well as they thought it would. She believes they are not going to
recommend that a portion of that pond be planted with the proper aquatic plants. She
pointed out that this would be a saving to the applicant. She said comment 26 (relocation
of slash pines) has to be looked into very carefully. It is her understanding that you cannot
relocate slash pine unless they are under a foot, otherwise they wilt not survive. With
regard to comment 30, she suggested adding "removal of vines". Vines have choked out
a lot of the trees, including the Brazilian Pepper. With regard to comment 40, she realizes
that there is an inconsistency with the parking at this point and it is not resolved yet. She
would like to see as much parking as possible away from the preserve.
Vice Mayor Jaskiewicz advised Mrs. Rossi that the slash pines will be replaced if they
cannot be saved.
A gentleman commended the Commission on the stand they have taken this evening. He
also commended the developer for meeting the conditions and getting rid of the graffiti as
promised. He stated that in 1991, the applicant agreed to maintain the entire preserve
area. He pointed out that the preserve area gets diminished considerably by the number
of parking spaces that the Commission said this project does not require by code. Mayor
Taylor advised that none of the parking spaces are in the preserve area. The gentleman
said if the canal is paved over and eliminated, he considers it an infringement on the
current preserve area.
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He said the State of Florida, in conjunction with Palm Beach County, recently spent
$6 million to preserve a wetlands area on Jog Road. Some people seem to think it is a
recharge area, but it is not. It was not there to hold well water to preserve a withdrawal for
the public utility. The only influence that area was under was the level of the L-30 canal,
so they did not have to use it as a water shed area. They used it as a wetlands area, or
a natural preserve area. He referred to proposed Qrdinance No. 096-30 on the agenda
this evening regarding amending Chapter 7.5, Environmental Regulation, of the Land
Development Regulations, providing for an open space preservation of natural resource
sites, and stated that the developer clearly stated he was willing to preserve the entire
preserve area as it is. He would like to see it maintained just as it is.
Oveda Adams, 3562 Noreen Avenue, was concerned about covering over the canal to add
additional parking. She said the minutes of the Lake Worth Drainage District meeting state
that because of the new building being constructed, they need to supply more parking
spaces per the City of Boynton Beach Code. She said there were 6,421 parking spaces,
and the city only requires 6,144. Therefore, they do need to cover up the canal for
additional parking. This would put the parking lot adjacent to the preserve, which has
wildlife in it, and her neighborhood. If the canal was left there, it would add security to her
neighborhood from vagrants. The 1991 Resolution says all Brazilian Pepper, Australian
Pine, and Melaleuca on the site (including within the limits of the pine area) shall be
removed within two years after the effective date of this resolution and prior to issuance
of any Certificate of Occupancy for any building constructed pursuant to this amended
development order. It also states that these species shall not be used in landscaping.
Mayor Taylor pointed out that this was addressed earlier. He said they are going to do that
before they get a Certificate of Occupancy.
With regard to the parking issue, Ms. Heyden stated that the difference between the canal
line preserve area and the preserve area line to the west was established in 1991 or 1992
as part of the last DRI amendment. The preservation area was established at that time.
This is not a deviation from that. The canal will get culverted and covered over. Comment
49 refers to an agreement acceptable to staff, an agreement between the applicant and
the Lake Worth Drainage District for use of the canal right-of-way that is being covered
over for parking spaces. We have looked at two drafts of this agreement right now and as
of today, we have agreed to the agreement with a couple of conditions. Both parties have
agreed to what those amendments to the agreement should contain.
Vice Mayor Jaskiewicz asked if there is a discrepancy with the number of parking spaces
required. Ms. Heyden answered affirmatively. She explained that because the parking
garage is not totally designed yet, and because there were changes to the striping of the
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parking lot several years ago to meet the handicap requirements, staff counted the parking
spaces. There is a discrepancy in the number of parking spaces staff came up with and
the number of parking spaces the applicant came up with. Staff believes there are
between 40 and 50 surplus parking spaces. One member of the Planning and
Development Board commented that if surplus parking can be reduced to what is required
by code in the area next to the preserve, then the applicant should attempt to do that.
Mr. Conahan remarked that oftentimes these kinds of tenants will require a certain number
of parking spaces that can be above and beyond what the code requires. If there are any
surplus parking spaces (this will not be known until the parking garage designs are turned
in with the permit), staff recommends that they not be provided.
Mr. Conahan stated that the original proposal in 1988 included the removal of trees which
the residents wanted to save. As a result, the applicant agreed to go through great
expense to put the parking in the canal area and preserve the preserve area. He said the
Lake Worth Drainage District does not allow any direct parking over their culvert area.
Some curbing will come within feet of the preserve area, but actual parking will be backed
off of that because of Lake Worth Drainage District requirements. The parking will .only be
up to what is presently the slope of the canal right-of-way.
Rebecca Martin, 3527 Kitely Avenue, lives directly west of the preserve. She submitted
a copy of the petition which she presented at the Planning and Development Board
meeting last week, The petition was signed by some of the residents in her neighborhood,
demanding that DeBartolo clear out all exotic growth from the preserve, replace the
removed exotic growth with native plants, remove the garbage, place shielded lights in the
parking lot, place a six foot high chain link fence around the entire preserve, put native
plants on the west and east sides of the fence, put native plantings on the west side of the
wall, clean up the retention pond, build a pathway for the neighborhood to have walking
access to the mall, and to maintain the preserve, the fence, the wall, the pathway, and the
retention pond, so that they can have a nice area that buffers them from the mall. Ms.
Martin teaches science at Boca Raton Community High School and said many of the
children are native to Florida, yet very few of them know what a native slash pine is.
Therefore, she felt it would be nice to have some trees around.
Commissioner Titcomb asked at what point in this process will we know the actual number
of parking spaces and how far they will encroach into the right-of-way area. Ms. Heyden
advised that the plans show the limits of where the parking will be constructed. That will
not change. We will not know the number of parking spaces that have to be provided by
code until the permit stage when the parking garage floor plans and engineer drawings are
turned in.
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Motion
Vice Mayor Jaskiewicz moved to approve the request to amend the previously approved
site plan to construct a 162,502 square foot dePartment store with parking structure,
subject to all staff conditions. Commissioner Tillman seconded the motion, which carried
5-0.
VII. PUBLIC AUDIENCE
No one wished to speak under Public Audience.
Mayor Taylor declared a recess at 9:15 p.m. The meeting resumed at 9:25 p.f
VIII, DEVELOPMENT PLANS
A. Project:
Agent:
Owner:
Location:
Description:
Woolbright Place PUD
Brett Nein - CCL Consultants, Inc.
Howard Scharlin, Trustee
Approximately 1,000 feet north of the
Woolbright Road and SW 8th Street
MASTER PLAN MODIFICATION - Request to amend the
previously approved master plan to change the dwelling units
within Pod 1 from 90 multi-family dwelling units to 85 single-
family, detached dwelling units; reduce the north PUD buffer
from 25 feet to 10 feet and reduce the perimeter building
setbacks along SW 8th Street and the north PUD buffer from
40 feet and 60 feet to 20 feet and 25 feet, respectively, add
private recreation and establish recreation setbacks
TABLED
intersection of
Anna Cottrell, a planner with the firm of Basehart and Cottrell Inc., 1532 Old Okeechobee
Road, West Palm Beach, stated that two weeks ago she promised to return to the
Commission after working with city staff to resolve the outstanding issues related to the 62'
recommended conditions on this application. In the last two weeks, we have worked
diligently with city staff. She also met with County Engineering on the traffic issues, and
Florida Power and Light. She thinks we have come to agreement on the vast majority of
these conditions. There are only a few we need to discuss, namely 4, 10, 13, 30, 34, 44,
58, and 61. She thinks there are 9 conditions that can be deleted if we come to an
agreement on these conditions because they will become irrelevant or moot.
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Condition 4 - No building structure, screen enclosure, pool, or portion thereof is
allowed within setbacks, either now or in the future.
Ms. Cottrell asked that this condition be clarified to indicate that there is the opportunity for
PUD modification in the future if there are variances needed to accomplish the permitting
on those structures. She said staff agrees that this is the proper avenue to do that.
City Attorney Cherof said if that is the case, then there should just be a "." after the word
"setbacks", and the balance of that language ("either now or in the future") should be
deleted.
Ms. Cottrell asked that Conditions 2 and 3 be deleted. Condition 2 recommends that the
rerouting of the force main be done. CCL Consultants, the project engineer, has done that
and modified the plans. Therefore, this recommended condition is no longer needed
because the force main will be rerouted. This is also related to Condition 3, which she
asked to be deleted for the same reason.
City Attorney Cherof said these are issues that were in the original plan. The conditions
apply to that. If they simply remain and are included as part of the conditions, if they have
already been addressed, then they are satisfied.
Ms. Cottrell said the items that she is asking to be deleted, for the most part, have been
agreed to. She understands, however, that the recommended conditions related to the
original plan. They do not reflect the changed plan that was submitted to the Planning
Department last week. City Attorney Cherof stated that the result would be the same. If
the condition exists, and you have already dealt with it and addressed it in the revised plan,
it is satisfied.
Condition 10 - Sidewalks are required on both sides of all local and collector streets.
Condition 13 - Minimum street right-of-way width for a local street with 2 mountable
curbs is 50 feet not 40 feet as shown; with swales minimum right-of-way width is 60
feet.
Ms. Cottrell stated that these two conditions are related. She asked the project engineer
to address both of these conditions.
Richard Wohlfarth of CCL Consultants said that initially the property was going to be
developed very much like the Vinings, as a multi-story or three story apartment project.
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Some of the other options they came up with would be to go to other types of products,
most of them multi-family such as town houses or quadplexes. Each of those would have
a different requirement, most of them being parking lot type requirements of 27 foot of
aisle width and 18 or 20 foot of parking stalls, and then the buildings themselves with some
reasonable setbacks. We also looked at the market. We felt the property would yield
better from an aesthetic point of ~/iew and a sales point of view to develop it as a single-
family project. We tried to figure out how we could get somewhat the same density
because it is a price sensitive market. We looked at what can be done to develop a nice
product, but something that may not be exactly what everyone visualizes to be a single-
family house. Those are very expensive items and sometimes you need to look at other
opportunities. In this case, we first recognized that the most important part of the property,
from an engineering prospective, is to provide the valley gutter (the mountable curb).
Swales never seem to really work. People end up driving off of them and they end up
being chewed up. We have found that by using valley gutter and nonmountable curbs as
we go around corners, we protect the landscaping or the grass area there and it seems to
work much better for everybody.
The second area is circulation (Condition 10). We tried to find out how we could get
everyone to be able to walk around the community without having to walk in the streets and
we came up with a plan that does that, with sidewalks on one side. It gives you a very
good circulation. It is not a safety or welfare issue. It is a very safe street. The radius that
will be provided on the street is typical of what would be out there with a 50 foot right-of-
way. The difference is that it is not quite as wide and we only have the sidewalks on one
side. We believe it provides a very good streetscape, a very good neighborhood, and a
very good alternative to multi-family.
Vice Mayor Jaskiewicz asked if this is a gated community. Mr. Wohlfarth advised that it
is not; however, provisions have been made that it could be gated. He added that these
will be private streets.
In response to a question posed by Commissioner Bradley, Mr. Wohlfarth said he was
looking to provide an alternative circulation plan. In some multi-family projects, the
sidewalks are not only on one side, but they meander around the backyards. An
alternative to doing that is to provide sidewalks on one side. It provides good circulation
for the residents. They would be able to get all the way around the property without
crossing a street.
Mayor Taylor did not agree with Mr. Wohlfarth's logic and wanted sidewalks on both sides
of all local and collector streets.
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Condition 30
Ms. Cottrell said there are several items within this condition that should be updated to
reflect the existing status of the plans. In the first paragraph of this condition, there is a
requirement that the berm be completed by February 7, 1996. The developer is making
an effort to complete construction of the berm. Since February 7th has passed, she asked
that this date be extended to August, 1996.
Also, the second paragraph of this condition requires the permit plans for landscaping to
be submitted by April 23, 1996. Those plans have been drawn and are ready to be
submitted. She asked that this date be changed to a time that allows them to be submitted
within 30 days of approval of the master plan. Once the master plan is approved by the
Planning and Development Board, it could be submitted very quickly for approval.
The third paragraph of this condition requires that the water management area landscaping
be completed and accepted by the city prior to submittal of a site plan for any further
construction in the PUD. She asked that this be allowed to be completed and accepted
by the city prior to the first Certificate of Occupancy for this project.
Vice Mayor Jaskiewicz pointed out that the delay in completing the berm was due to some
of the residents not wanting a berm. On March 29th, she informed Michael Morton that an
agreement could not be reached and to proceed with the original plan.
Mayor Taylor agreed that the dates have to be extended because they have passed. He
asked staff what would be reasonable dates. Ms. Heyden had no problem with allowing
the plans to be submitted 30 days after they are presented to the Planning and
Development Board. However, with regard to the third paragraph of Condition 30, she saw
no reason to tie the completion to this project. She said this buffer has nothing to do with
this project and should have already been completed. This is the second set of deadlines
that we have set and they have failed to meet. She recommended setting a date certain
that is independent of this project, in the event that this project does not happen. (Ms.
Heyden was talking about the first CO of the project for the timing of when the landscaping
has to be completed.)
Commissioner Bradley asked what leverage we would have if we do not tie it to the project.
City Attorney Cherof stated that you will see this as an independent item that happens to
be addressed in here, but there is no reason why a date specific could not be set.
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Mayor Taylor asked for a reasonable time frame. Ms. Heyden did not see why this could
not be done in 60 days. Ms. Cottrell said Mr. Morton is present and indicated that 60 days
is reasonable, assuming there is no delay in the permit review. She requested a
reasonable amount of time for the construction. She felt 90 days was more realistic and
suggested allowing 30 days to get the plans approved, and then 60 days to construct.
However, she agreed with Ms. Heyden's suggestion of 60 days after permit issuance of the
landscape plans.
Mayor Taylor inquired about the first paragraph in Condition 30. Ms. Heyden said the
same date would apply (60 days after permit issuance). With regard to the second
paragraph of Condition 30, she recommended that the permit plans for the landscaping
berm be submitted to the Building Division 30 days after the Planning and Development
Board meeting. Ms. Cottrell agreed to this if there is a finding of insubstantial change.
Commissioner Titcomb stated that the applicant referred to the master plan, and staff
referred to the landscape plan for the water retention area. He asked if they are talking
about the same thing. He added that a drawing will be submitted on the landscape of the
water retention area. Ms. Heyden said that should be submitted within 30 days after the
Planning and Development Board approves the master plan that is before the Commission
this evening.
City Attorney Cherof stated that the third paragraph of Condition 30 is a separate issue
which can go forward whether or not the master plan is approved. He said Ms. Heyden
referred to the issuance of the landscape plan when she was referred to the third
paragraph of Condition 30, but revealed back to discussion about the master plan for the
first and second paragraphs of Condition 30. Ms. Heyden said since the construction date
is tied into the first event occurring, there is no problem with it being tied into the site plan
versus the master plan. The second part cannot occur until the first part occurs and if the
first part is delayed, the second part is also delayed.
City Attorney Cherof inquired about the third part, which is the water management area
landscaping. Ms. Heyden said this is all the same issue. Commissioner Titcomb thought
he heard that the water management area (the retention landscaping area) was being
separated from the rest of the project. Ms. Heyden clarified that she is recommending that
it be separated. Originally, the comment was to include them. There was a problem with
the way it was worded; therefore, she is going back to her original position, which has not
been put on paper, that it really does not need to be tied. She confirmed for Commissioner
Titcomb that if the master plan is delayed, the landscaping water management area will
be delayed.
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Mr. Morton said the permits have already been applied for. The irrigation and pump
stations are under construction. The plants have been ordered. Florida Power and Light
has been to the site. All the work is being done. There is a plan for trees around the lake
area along S.W. 8th Street. The berm by Leisureville is being done. This would have all
been done in January if the people who live in Leisureville had not contacted Vice Mayor
Jaskiewicz. Since Vice Mayor Jaskiewicz told him to proceed, all the permits have been
issued. The plan for the landscaping is in as welt, which is strictly the berm and the trees
around S.W. 8th Street.
Ms. Heyden advised that as of last week, the landscape plan has not been turned in. If it
has, Mr. Morton has 60 days from the time it is issued to construct it. She recommended
that the construction not be tied to the master plan because building permits have a life of
six months. They go into a dead beat file and it is incumbent upon someone to check and
see if it is in the dead beat file. Therefore, there is a potential for the six months to turn into
nine months or a year.
Mr. Morton stated that the landscape plan was attached to the settlement agreement as
an exhibit. Ms. Heyden advised that there were no exhibits with the agreement. If there
was an exhibit, it was not an exhibit that was detailed enough to issue a permit on it.
Vice Mayor Jaskiewicz thought the agreement specifically only addressed the berm and
the ficus hedge separating the property between Leisureville and Mr. Morton's project.
Mr. Morton said there was an exhibit to the agreement he submitted that showed Live Oak
and Palm trees along S.W. 8th Street, as well as the five foot ficus hedge on the berm.
Mayor Taylor clarified that the time frame will be 60 days from when the permits are issued.
Condition 34
Ms. Cottrell said staff has indicated that if the 10 feet is acceptable that there be a specific
landscape treatment. What staff recommended in terms of the quantitative planting, the
placement planting, and the height of the trees is acceptable. It is significantly greater than
what had been proposed, which met the code, and what was indicated in the buffer plan.
The buffer treatment plan that has been recommended for the 10 feet is acceptable.
However, she wished to discuss the recommendation that the 10 foot buffer plan be
exclusive of the existing 2 1/2 foot Florida Power and Light easement that runs along the
north property boundary. She said she showed FPL a copy of the buffer treatment plan
and they had no problems with the use of their 2 1/2 foot easement for planting and
fencing. The boundaries of the FPL easement would then be coincident with the
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boundaries of the landscape buffer. To require an exclusive FPL buffer does not really
accomplish anything, and reduces the amount of useable private yard for the single-family
lots by 2 1/2 feet. There will also probably be a maintenance problem since there is no
requirement that the 2 1/2 feet and the adjacent 2 1/2 feet be maintained. The Lake
Boynton Estates property owners whose rear yards now would touch the rear yards of the
single-family lots proposed for the north boundary have the use of that FPL easement.
There is vegetation and fencing there, it has been used for private recreation areas by
those families in those homes and she asked that this be done as well. She felt it would
reduce maintenance problems and the benefit would be that the 2 1/2 feet is useable yard
areas for the lots.
Mayor Taylor pointed out that the reduction of the buffer from 25 feet to 10 feet is not
recommended by staff, and staff recommendations apply only if the Commission approves
this reduction.
Condition 44 - It is recommended that the maximum height of the single-family
structures be established at 25 feet. This height is consistent with the height limitation
of the homes that are located to the north in the R-lA (Single-Family Residential)
zoning district. Amend the site date on sheet 2 of 2 accordingly.
Ms. Cottrell stated that the Kennedy Homes has proposed a project development that
would be a mix of two-story and one-story homes. Typically, two-story homes have a
minimum height of about 27 feet. She asked that the 25 feet recommendation be changed
to 30 feet because it allows for the architectural treatment with peaked roofs at a more
conventional height of 28 to 30 feet. There is a great deal more options in roof treatments
when that additional couple of feet is allowed. The 25 feet on a two-story building is
essentially going to get you a nearly fiat roof with very little variation in roof details. From
an architectural standpoint, it would be far more interesting to allow some more options.
The 25 feet is simply not even conventional. Thirty feet is far more reasonable.
Mayor Taylor did not have a problem with this since it is next to a multi-family project. Vice
Mayor Jaskiewicz asked if these homes have garages. Ms. Cottrell answered affirmatively.
Condition 58
This condition relates to the buffer along S.W. 8th Street. Mr. Wohlfarth stated that one
of the things that seems to be consistent on all the comments is to try to have consistency.
Currently, along the dividing line between the Trammell Crow apartment project and the
single-family is a buffer with a fence, hedging and trees, He would like to continue that
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fencing and buffer along 8th Street so it has a look that is consistent with the surrounding
property in lieu of providing a two foot high berm with plantings on top. He believes this
will provide more of a buffer and more security for the project. Commissioner Bradley
asked what kind of fence it is. Mr. Wohlfarth said it will be a chain link fence, five feet in
height, with a hedge and trees.
Vice Mayor Jaskiewicz asked if the recreation center is on S.W. 8th Street. Ms. Cottrell
answered affirmatively and added that some modifications were made after meeting with
the Recreation and Park Department. In order to achieve the one-half credit, staff had
suggested that the developer build a meeting room clubhouse. That was never in the
original plans. That is an item that became very cost prohibitive, particularly since the
homeowners will be maintaining it. Therefore, the developer has scaled down the private
recreation area and will not be applying for the one-half credit. He will pay the cash in lieu
of the one-half credit. There will be a pool. The north end of the recreation area that had
been proposed for development with some smaller facilities will now be left as green
space. She felt this is a much less intense recreation area and you get more green space.
Condition 61 - To show no increase in trips generated by the proposed development,
reduce the number of single-family detached units from 85 to 74 and omit the 16
duplex units from Pod 3. Amend the master plan sheet I of 2 accordingly.
Ms. Cottrell advised that after an extensive meeting with the City Attorney, the City
Manager, and the Planning Director, a traffic study was undertaken by Maria Palombo, a
traffic engineer. Ms. Palombe also had several discussions with the City Engineer and the
County Traffic Engineer about methodology and the results of her traffic study.
Ms. Palombo said she met with Mr. Hukill and other staff members to determine the proper
way to do a trip generation analysis of this development. After meeting with them, she
contacted Palm Beach County to come up with some kind of methodology about the traffic
study. The traffic study was done using two scenarios to see if they produced different
results. The trip generation of the appropriate land uses was compared with that of the
proposed land uses, and both studies showed that the proposed land uses would generate
less traffic than the approved land uses. She said she submitted a copy of this study to
Mr. Hukill and it was her understanding that he did not have a problem with it. She said
she also submitted both studies to the county and they preferred the one that relates to the
impact fee ordinance.
Commissioner Bradley asked where this leaves us with regard to traffic trips and impact.
He pointed out that a lot of this development is yet to come. Therefore we are sort of
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playing a guessing game. Ms. Heyden stated that she spoke to the county today, and they
told her that either study proved that this particular project does not generate an increase
in trips for the overall project. That includes the PCD and the PUD. Therefore, Condition
61 could be deleted or rejected because the piece of property where the Cracker Barrel
was approved was previously approved for approximately 58,000 square feet of retail.
When we compare those two uses, the Cracker Barrel generates less traffic. Also, there
is a decrease in one of the outparcels on the east side of 8th, the reduction in size of a fast
food restaurant. That reduction allows this increase so there is no net increase in trips.
In response to Vice Mayor Jaskiewicz' question about the duplex units, Ms. Heyden said
they can stay.
Commissioner Bradley asked where this leaves us in total numbers. He knows we cannot
project how that is going to be because we do not know what is going to be developed on
the remaining sites. He asked if this is not part of what we are trying to accomplish.
Ms. Heyden asked Ms. Palombo to describe what she projected for the unbuilt parcels in
the PCD: Ms. Palombo did not know if the fast food restaurant with a drive through has
been approved. She has 6,745 square foot of commercial in one of the outparcels. The
other outparcel contains 4,000 square feet of commercial and an additional 157,000
square feet of commercial. That is what has not been built or approved at this time. The
actual total number for the commercial is reduced. She shows the approved one as
315,580 square feet of commercial and the proposed one as 286,544 square feet of
commercial. So there is actually a decrease in the total square footage.
Vice Mayor Jaskiewicz asked her if she took into consideration the commercial space
between Home Depot and the Vinings. Ms. Palombo said that is the one that she is
assuming is going to be 157,000 square feet of commercial.
Commissioner Bradley stated that as projects are approved, it is at that point in time that
the applicant is assessed an impact fee on the traffic trips. Until that happens, we do not
really know what those actual trips are going to be. He asked if we have estimated
accurately to buildout of the whole project. Ms. Heyden stated that Mr. Morton waited to
do this traffic study until now because now he has a better picture of how the rest of the
commercial project is going to be built out. She felt this is pretty accurate and allows a little
bit of a buffer.
Condition 10
Regarding the sidewalks, Ms. Cottrell said the movement now in development is towards
sidewalks on one side because it is simply more efficient. It leaves more land for lot
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areas. However, in the 40 foot right-of-way that is proposed, it is possible to design cross
section that includes sidewalks on both sides of the street, acceptable travel lane
pavement areas, and accommodates the drainage. There were two parts to this condition.
One was sidewalks on both sides of the street, and the other was the 40 foot widths on the
right-of-way. We are willing to do sidewalks on two sides of the street if we can do it within
a 40 foot width. The 40 foot width is acceptable to the county and many other
municipalities and can be demonstrated from an engineering standpoint to be safe and
efficient. It provides an opportunity for both pedestrian and vehicular traffic, with the
separation between the two. It is also efficient from a land use standpoint.
Vice Mayor Jaskiewicz asked if this would satisfy the Fire Department's requirements.
Ms. Heyden stated that the Fire Department did not make a comment about the right-of-
way width. That comment came from the Engineering Department.
Mr. Hukill said this is another one of those issues similar to the parking stops discussed
earlier this evening, The code states that the minimum right-of-way on a local street is 50
feet. He did not know how that was arrived at; however, there are reasons to have a 50
foot right-of-way. This particular proposal takes 24 feet out of the center for the pavement
and the two valley gutters. That leaves 8 feet on each side, with a 5 foot sidewalk. That
takes 5 more feet out of the 8 feet, so you have a 3 foot green space and the access to the
utilities becomes questionable. With a wider right-of-way, instead of 3 feet, you would have
8 feet. He pointed out that the Boynton Beach City Commission has approved 40 feet in
other areas of the city. His personal feeling is that the neighborhoods are very tight and
restrictive as you drive through them. The code states the minimum is 50 feet. He
recognizes that the purpose of a PUD is to try to come up with some total proposal that is
better than the sum total of what is in the Land Development Regulations. If you feel that
the 40 feet is part of what you need to compromise to obtain single-family homes on that
property, that would be an important consideration. He thinks the purpose of 50 feet is to
provide more space for utilities.
Ms. Heyden suggested not compromising on the sidewalks. She stated that the lots are
only 4,200 square feet, and she predicted there would be a lot of young families with
children living there. She said sidewalks are used not only to stroll, but as a place for
children to play when they have shallow back yards.
Commissioner Bradley referred to the chain link fence and the Vinings I development.
Mr. Wohlfarth stated that in the approval for the Vinings project, in the second phase,
between the multi-family site and the single-family site, what was being proposed and will
be built with the second phase will be a chain link fence with hedge material and trees. We
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would continue it around to provide a buffer both for security and shielding from the houses
to the road. The hedging material would be on the Vining side. The fence will not be seen
once the hedging material (Cocoplum) grows in.
Ellen Smith of Unger Smith and Associates represented the First Baptist Church of
Boynton Beach, which is a property owner within the PUD. She referred to the consent
submitted by the application. It was her understanding from talking to Mike Haag of the
Planning and Zoning Department that you must have consent of the majority of the
ownership of a PUD to submit a master plan modification. This applicant still has control
of the PUD; however, it does not own the majority of the PUD. She respectfully requested
that the proper consent be obtained or that the practice of requiring the majority of consent
be publicly suspended. City Attorney Cherof has not seen the application, is not aware of
the provision, and has not heard this comment from staff.
Ms. Smith said Mr. Haag agreed with her assessment. She said the consent is only signed
by this applicant. She asked if the master plan modification must be submitted by the
majority of the property owners. She said this is an important issue to the First Baptist
Church. As they sought to modify their approval, they have been stymied by this very
issue.
Mayor Taylor said we will have to research this issue.
Ms. Smith said perhaps a condition of development approval could require such consent
prior to the next action if this is final action tonight. City Attorney Cherof felt it would be
premature to put that condition on it without having researched it.
Ms. Smith asked what happens if there is not proper consent. City Attorney Cherof said
he would then assume that she has standing to challenge the decision of the Commission.
Ms. Cottrell stated that the majority of the property owners are present tonight. She
advised that she could provide the appropriate documentation in the morning.
Lisa Waters resides at 709 S.W. 4th Avenue, which is located along the north boundary
of Pod 1 of the Woolbright PUD in Lake Boynton Estates. She said she and her neighbors
are concerned about the request to reduce the north PUD buffer from 25 feet to 10 feet.
She concurred with staff's comments 26 and 28 which are to deny the agent's request to
reduce the north landscape buffer from 25 to 10 feet and to reduce the north PUD buffer
from 40 and 60 feet wide to 20 and 25 feet wide. She did not believe the compromise
suggested in comment 34, which talks about an 18 inch earth berm centered within a 10
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foot wide landscape buffer, is good enough. She believes that the city should stick to its
original commitment with her neighborhood and maintain the buffer as originally agreed.
She said the proposed buffer plan shows essentially a tree and a fence. It is really not a
landscaped buffer. She believes that the 25 foot space in the landscape buffer is key to
the success of the PUD. She felt this should be judged in part by its continuity with the
already established neighborhood to the north, which is her neighborhood. She also
believes that maintaining the 20 foot buffer is consistent with the intent and purpose
outlined in the city's Land Development Regulations which is to establish the PUD following
all appropriate development standards and to promote all the good things that go along
with the PUD and "the protection of adjacent and existing and future city development".
She did not feel that the reduction in the buffer is consistent with that language and she
requested that the Commission include the 25 foot landscaped buffer on the north PUD
boundary as a condition of approval. She asked if it is possible to be placed on a mailing
list regarding this project. She stated that as a working person, it is very hard to keep up
with applications. Mayor Taylor was sure this could be accomplished.
Commissioner Bradley pointed out the possibility of this development reverting back to the
original plan if we deny this request. The benefit is clear about getting single-family homes
as opposed to rentals. Also, there is a benefit in having a one-story unit or home as
opposed to a much larger block type facility. He asked Ms. Waters to comment on this.
Ms. Waters asked if Commissioner Bradley is saying that the allowance for single-family
homes is dependent upon a 10 foot buffer as opposed to a 25 foot buffer. Commissioner
Bradley said that is basically what the applicant is saying. They are bringing in a better
product but they are reducing the buffer because they feel they need the yards for single-
family homes. Ms. Waters said that is a very important point and is something that without
knowing a lot of the background of where that originally came from, is difficult. It is a
concern that there are multi-family units there. It is a concern that there are single-family
with potential two-story. If she can be guaranteed that the single-family dwellings will only
be single-stow, then maybe there could be a compromise.
Commissioner Bradley wondered what the applicant could do to the 10 foot buffer to make
it satisfiable. Ms. Waters said if there is something more than a vinyl coated fence and a
few single trees, then maybe there is room to compromise. She said maybe that has to
do with the guaranty that the homes that backup to that will not be faced with a two-story
house.
Gary Lehnertz, 619 S.W. 2nd Avenue, was concerned about the fact that the applicant
does not want sidewalks on both sides of the street when this is city code and would make
things safer. Along with that was 40 foot streets. He felt we are crowding things in. He
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did not think doing away with swales was a good idea. Swales work fine and provide extra
buffer area and play area for the children. With regard to the 25 foot buffer, he said he
intervened with the Department of Community Affairs with the city's Comprehensive Plan
and the result of that intervention was an agreement that there would be a 25 foot
landscape buffer with a berm and a particular setback for the Tradewinds properties. That
25 foot buffer and berm is supposed to have a significant number of native trees, shrubs,
and ground cover. In fact, all that landscaping was significantly greater than what would
normally be required by city codes.
Commissioner Bradley asked City Attorney Cherof if it is true that in that document there
is a specification to footage. City Attorney Cherof said, No, not directly in the document
itself." He said it makes reference to the landscaping and the type of vegetation, but it
does not refer at all to the size configuration of the berm. It references a landscape plan
that was submitted and agreed to between the developer and approved by the city.
Mr. Lehnertz felt the city has a moral obligation to attempt to promote and keep those types
of agreements. The landscape plan was agreed to by all parties, and that landscape plan
was a 25 foot buffer. He also pointed out that at that general time frame, there was also
a plan that was floated by the developer to put single-family homes in this area. This is not
the first time that we have seen a plan to put single-family homes here. He felt the
developer has been consistently putting a gun to the city's head.
Commissioner Bradley asked Mr. Lehnertz to comment on the benefit of single-family
homes versus multi-family homes. Mr. Lehnertz did not agree that this should be the
debate that we should be restricted to. He did not believe we should be restricted to
operating only on the playing field that the developer tries to push us onto.
Carol Fretwell, 713 S.W. 3rd Avenue, asked for clarification. She was concerned about
the 10 versus 25 foot buffer. She felt compromise has already been made on several
points. She did not see any reason for cowing over on this and felt the city was bending
over a little too far.
A homeowner at 706 S~W. 4th Avenue said his property abuts the proposed buffer. He
would like to see a 25 foot buffer, but if that is not an option, he did not want a two or three-
story building in his backyard. He would like to see single-family homes as opposed to
multi-family. Everything around this project is single-story homes. A multi-family would not
be aesthetic with the community.
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Vice Mayor Jaskiewicz felt it would be great if the developer met with the residents to come
up with a better landscaping berm.
The homeowner stated that there is a six foot stockade fence in his backyard. Beyond that
there is a mound. If that would remain and have landscaping put on top of it, he would
have no problem.
Vice Mayor Jaskiewicz said if the developer would agree to put one-stow homes on the
perimeter area adjacent to the homes, this might be more agreeable to the residents.
A man who lives on the north boundary of this property was concerned about the buffer.
If there is going to be a 10 foot buffer, he would like more information about a better barrier
being put there. He also preferred single-family homes instead of multi-family dwellings.
He asked about the price range of these homes. He also asked about the change in the
recreation plan on the northern corner.
Ms. Cottretl advised that the price range of the homes is $95,000 to $110,000. With regard
to the recreation requirement, the developer selects five facilities to get his half credit out
of eight listed in the code. Typically what you wind up with is one, two, or three of the
facilities that the developer really wants to build, and he throws in the rest of the stuff just
to meet the half credit. We have taken back all that throw away stuff and the homeowners
will get a pool. With the reduction in the buffer width, there will be more allowance for
private recreation. The 25 foot buffer was proposed as a way to mitigate the potential
impacts from having potentially incompatible multi-family next to an established stable
single-family development. The Kennedy group is willing to offer that no more than one-
third of those 14 lots that are adjacent to the north property line will be built as two-story
and any two-stow selected will be set back an additional 10 feet, for a total of 35 feet
instead of the proposed 25 feet. Therefore, you not only have an adequate berm and
landscape buffer, you have an additional setback and a limitation on the number of two-
stow buildings with a height limit of 30 feet.
In order for single-family to happen here, it is going to have to be feasible. We have to
consider what the cost of maintenance and the reduced number of lots that are going to
be achievable if we have to maintain 25 feet. Ten feet is adequate and far more than the
code requires from rear yard to rear yard on single-family conventional designed
subdivisions. The buffer plan that has been proposed by staff is acceptable to the
developer. It presents both security and an aesthetic treatment and still allows for some
rear yards that is useable for these homes. The developer is also willing to have a
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restriction on the number of two-story with additional setback if that particular model is
selected for one of the 14 lots on the north side.
Vice Mayor JaskiewiCz asked how far the pool area is from the residences of Boynton
Lakes. Ms. Cottrell said it will be set in the larger portion of the leftover space along S.W.
8th, in the south portion. The north portion is going to be green space. It will be 75 to 100
feet from those residences. The common recreation area will be concentrated in the
recreation pod, and that is going to be a swimming pool. The only thing on the north
property boundary is the private yards. You will have rear yard to rear yard on the north
boundary.
A woman asked if there is any reason why this cannot be redesigned so that it will provide
a 25 foot buffer. She said it looks like the entire length of the north buffer is going to be
reduced and part of that is multi-family. As you go farther east, it turns into some multi-
family units. She asked if the 25 foot buffer will be eliminated there as well. Ms. Cottrell
advised that this project only contains single-family homes.
Mayor Taylor said Ms. Cottrell agreed that only one-third of the 14 lots will be built over one
story. This means that 5 of the 14 houses could be two-story. Ms. Cottrell answered
affirmati~)ely. She added that it could be less, depending on which models the buyers
select. There is an expectation that there will be some selected for the north area, and the
developer is willing to increase the rear yard setback by an additional 10 feet.
Vice Mayor Jaskiewicz asked if all 14 homes could be one-story. She pointed out that
there are so many other places to put them. Mr. Wohlfarth said the reasoning behind it is
the streetscape. They will all have the same look if they are all one-story. We found that
sprinkling a few two-story buildings breaks up the monotony ahd creates a better
neighborhood. He believes it will create a nice streetscape and also a nice rear scape.
Mayor Taylor said the outstanding issues are 40 versus 50 foot wide streets and the
setback. He stated that at the Planning and Development Board meeting, the people
insisted on a 25 foot buffer. Now he is hearing that if it is single-family, maybe we can go
with a 10 foot buffer. Mayor Taylor pointed out that a third of it is going to be two-story.
He thinks the assumption is that if you go with a 25 foot buffer, that you are going to get
multi-family, and you have a 10 foot buffer, you are going to get single-family. He was not
sure that was true. He does not know if the project will go back to multi-family. He felt you
have to go along with the people living there versus the people who may live there some
day. The people wanted a 25 foot buffer. If we insist on the 25 foot buffer, they might build
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multi-family. That is a chance we have to take. He pointed out that there will be at least
five two-story homes.
Mr. Lehnertz said there was originally supposed to be two-story multi-family housing in this
area. The buffer was supposed to have a six foot high berm. On top of that berm was
supposed to be a whole series of trees, minimum 15 feet high, 20 foot on center, which
was essentially going to give you a 21 foot high landscape vegetation wall. Underneath
the trees was supposed to be shrubs and ground cover. So essentially there was going
to be a wall that was 21 foot high so that the people on the north side would not be able
to see these two stories. Now you have two-story houses with a 10 foot buffer. The
setback for the apartments was supposed to be 40 feet. Now all of a sudden you have 30
feet and they are looking straight down. He felt we have given up too much.
Ms. Heyden stated that the original setback was 60 feet. Also, the buffer was originally
planned to be a 3 to 1 slope with a live green wall 8 feet high. Mathematically and
physically you cannot get a 3 to 1 slope with a four foot berm in less than 20 or 25 feet.
In order to make it work mathematically, the berm had to be that width. Ms. Heyden also
advised that the pool is only about 50 or 55 feet from the residences, not 75 to 100 feet.
Commissioner Bradley asked her to comment about the parcel to the east that Ms. Waters
referred to. He asked if there will be a 25 foot landscape buffer there. Ms. Heyden
advised that this buffer is required because consistent with the master plan and the master
plan for this portion, it was to be 25 feet because they have multi-family. They have to put
in the 25 feet when Phase 2 is constructed.
Condition 13 (the 40 foot sidewalks) was acceptable to Vice Mayor Jaskiewicz. She was
concerned about having more density with the berm.
Commissioner Titcomb felt we need to abide by the intent of the entire 25 foot landscape
buffer. He said the applicant stated that the worse case scenario would be that each lot
on the master plan would lose 2 1/2 feet in its redesign if we force the 25 foot buffer.
Commissioner Titcomb felt it can be slid possibly a little to the south where they could
make up some of that footage. He felt we should stick fast to the 25 foot berm.
Commissioner Tillman was concerned about the existing community. He felt we need to
maintain the spirit of the document in terms of landscaping and buffering. He would like
the 25 foot berm.
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Mayor Taylor pointed out that at the visioning conference we talked strongly about
upgrading housing in this community. He did not see this as an upgrade in housing. He
felt it was a lot of single-family crammed into small lots with miner setbacks, minus the
proper width and buffering. He had a problem approving anything less than the conditions
set out by staff.
Commissioner Bradley agreed with Mayor Taylor about the rental versus single-family
issue. He thinks that even if it is a small home on a crammed lot, there is pride of
ownership and there is a real difference between the single-family experience and the
rental experience.
When this was first presented, Commissioner Jaskiewicz said she asked the developer to
reconfigure the lots adjacent to the immediate property owners and to reconfigure the
recreation area. She felt the neighbors should have the final say with regard to what type
of housing they want adjacent to their neighborhood. She asked if the developer could
maintain the buffer and reconfigure the homes. Mr. Wohlfarth explained the problem you
have when you have an infill parcel. He said there is a length and a width. You look at
those lengths and widths and come up with a number of lots that can fit. In addition to city
requirements, we also look at what the community would like to see as far as the depth of
the lot. When you apply that, it ends up being the layout you have seen.
He would be happy to eliminate the two-story units adjacent to the development to the
north and limit the single-story along the northern property line. With regard to the buffer,
our building heights are going down to a single-story building with a roof, which would be
17 feet maximum.
Vice Mayor Jaskiewicz asked why the pool area cannot be in the center of the
development. She was concerned for the children's safety since the pool is next to 8th
Street, which will eventually have a tremendous amount of traffic. Mr. Wohlfarth said we
are going back to the Planning Commission with this project. If we are down to an issue
of the recreational area, we can take a look at it to see how we can reconfigure it. We
could put some lots where the recreation area is now and put the recreation area
someplace else. If the Commission strongly recommends this, we will try to accommodate
this at the Planning Commission meeting.
Vice Mayor Jaskiewicz absolutely did not like the recreation area adjacent to a main street
and to an existing neighborhood.
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Motion
Commissioner Bradley moved to approve the Woolbright Place PUD master plan
modification, subject to staff comments as alluded to tonight, which is to have a 50 foot
right-of-way, to have two sidewalks, and to have a 25 foot berm Commissioner Titcomb
seconded the motion.
Mayor Taylor understood the motion to include Conditions 10, 13 and item 34 as printed.
The motion carried 5-0.
Project:
Agent:
Owner:
Location:
Description:
Nautica Sound (FKA Knollwood Groves PUD)
Karyn I. Janssen, Kilday and Associates, Inc.
Alan Fant, GL Homes of Boynton Beach II Corporation
Northwest corner of Lawrence Road and the LWDD L-19
canal
NEW SITE PLAN: Request for site plan approval of private
recreation, common area landscaping, and project signage
for a 424 unit, single-family residential PUD
Colleen Walter with Kilday and Associates was present on behalf of GL Homes of Florida,
the developers of Nautica Sound. She stated that nothing done so far has been
controversial at either a staff level or at the Planning and Development Board. She
addressed three outstanding issues that were leftover from last week.
The first issue is a change to the plans from what was originally submitted. At last week's
Planning and Development Board meeting, we requested that we be allowed to incorporate
a buffer wall within the Hypoluxo Road landscape buffer. Our required landscaping will be
on the outside, or Hypoluxo Road side of the wall. We will provide additional landscaping
on the inside of the wall. We reviewed this change with Engineering, Zoning, and Utilities
prior to bringing it up at the Planning and Development Board meeting, and we had no
objections from staff or the Planning and Development Board to this wall being
incorporated in the buffer. We feel it will be an addition to the community to help buffer the
project from Hypoluxo Road.
One outstanding issue was in regards to the calculation of sign face area. She displayed
the proposed signage for Nautioa Sound and explained the way the sign code is written to
calculate sign face area. When the letters are not on a decorative background, you would
enclose them in a rectangle and calculate that square footage. We are proposing to utilize
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cast stone behind the letters. It will be a consistent color to the balance of the wall. It also
will help upgrade the signage. It is Mediterranean and the project is Mediterranean in
design. It helps further the image. If this background was stucco, you would not have to
calculate it as sign face area. However, because it is decorative tile, the Building
Department originally said that it had to be calculated, in which case, we would exceed the
maximum sign area permitted. At last week's meeting, Ms. Heyden offered to discuss with
the City Attorney the calculation, or how the sign face area definition should be calculated.
She thinks the outcome was that due to the fact that our background is consistent in color
with the balance of the sign, that we would be allowed to calculate it by enclosing the
letters in a rectangle. If that is the case, she proposed an amendment to Building Division
condition number 5. She proposed that this condition be amended to state that the sign
face area shall be calculated by taking the sum of the areas of the smallest contiguous
rectangle containing a letter or symbol exclusive of the proposed cast stone background
decoration. That is essentially taking the verbiage right out of the code for sign face area.
City Attorney Cherof stated that an easier solution would be to reject comment 5.
Conceptually, Mr. Hukill felt the idea Ms. Walter is proposing is all dght~ However, this is
another one of those situations where we need to make this a level playing field for every
applicant on every project. He suggested that if we decide that the way we measure signs
for this applicant on a pre cast background is done in a particular way, we do the same if
it was on a piece of metal, porcelain enamel, glass, or on anything else and then
consistently hold to it. The applicant's point is that they do not have a frame around it or
a background other than the pre cast. Therefore, you do not have a frame to count.
Hence, the letters themselves can be larger. When the Commission decides this issue,
he will come back to them if it requires a change in the code to agree with their decision.
Commissioner Bradley asked how large the letters can be, given the largest frame.
Ms. Heyden stated that it is unlimited and depends on how many letters there are in the
word being advertised.
Ms. Walter used the subject sign as an example. She said the code allows 32 square feet
of sign face area. If you calculate this Based on enclosing the letters and the symbol within
a box, you are looking at 23.8 square feet. Therefore, technically, if we were using this
interpretation to get a bigger sign, we are still about 10 square feet short of what we could
have.
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proposed a hedge along the perimeter of the parking area where it is visible from any
adjacent street. However, in lieu of putting a hedge around this area wherewe feel it will
obstruct someone who wants to park there and walk over to the top lot, or park there and
walk down to any of the play courts, we are proposing to do berming and landscaping
around the perimeter of the site, including landscaping around the perimeter of the
recreation amenities. Staff is willing to work with us to take qredit for the perimeter
buffering as opposed to providing a hedge directly adjacent to and around the parking
area.
No one in the audience wished to address this development plan.
The Commission had no problem with the first and third issue. Mayor Tayior's only
concern with the second issue (the sign) is that it sounded to him like we are changing the
rules, depending on the sign. He pointed out that this does not seem to be consistent with
the city's goal to look at the signage in the city to bring it to some conformity. He asked if
the proposed sign is within code. Ms. Heyden stated that everything is within code, except
the sign area.
Commissioner Titcomb felt this is a very different application than a pole or monument
sign. It is an entry wall type treatment, and he was in favor of adding a provision to the
code to allow this type of signage. He did not think this visually affronts our sign code as
it now stands. The sign looked huge to Mayor Taylor. Ms. Walter pointed out that Palm
Beach County differentiates between point of purchase signs and entry wall signs in their
code.
Motion
Vice Mayor Jaskiewicz moved to approve the request for site plan approval of private
recreation, common area landscaping, and project signage for a 424 unit, single-family
residential PUD, as presented by the applicant. Commissioner Tiliman seconded the
motion, which carried 5-0.
C. Project:
Agent:
Applicant:
Owner:
Knuth Road PCD Service Station
Kieran Kilday - Kilday and Associates, Inc
Andrews & Copans Gas & Oil Company, Inc.
Bill R. Winchester, Elsie A. Winchester individually, Elsie A.
Winchester as Trustee, Ruby A. Winchester, The Winchester
Family Partnership, Ltd.
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F
Location:
DESCRIPTION:
Southwest corner of Boynton Beach Boulevard and Knuth
Road
NEW SITE PLAN: Request for site plan approval to
construct a convenience store with gasoline sales and car
wash on 1.13 acres
Colleen Waiter of Kilday Associates represented Andrews & Copans Oil Company, the
contract purchasers of the service station outparcel at Knuth Road PCD. The previously
approved master plan is tied with the zoning approval. Previously, a food mart with a
connected canopy was approved as part of the rezoning for the PCD. She sought final site
plan approval for a redesign of the gas station layout as well as for the architecture and
landscaping. This site received site plan approval previously in 1990. We are proposing
to reconfigure the layout so that the food mart and car wash are now connected with the
pump islands oriented towards Knuth Road. Also, the landscape that is proposed exceeds
code and is consistent with the past approval. This will be the first development parcel as
part of the Knuth Road PCD. The balance of the project has not received final site plan
approval as of yet. We have been working with staff and discussed at last week's Planning
and Development Board meeting a revision to Condition 23 in regards to commitments
made as part of an agreement between the property owner, Bill Winchester, and the
adjacent Stonehaven Homeowners Association. We are proposing a revision to Condition
23. An agreement was made in June of 1990 between the property owners and
Stonehaven and it tied in three projects which were going through approval at that time.
They were the Knuth Road PCD, Boynton Beach Boulevard PCD, and Tara Oaks, which
was a residential development. That agreement was recently amended last week to clarify
one of the requirements in that agreement specific to the Knuth Road PCD project. Buffer
walls that were required to be constructed on the Stonehaven Homeowners Association
were requested to buffer that project from Knuth Road. Knuth Road currently ends just
south of Boynton Beach Boulevard. With the development of Tara Oaks recently, when
you approved the modification for that site plan, there was a new condition imposed that
the Tara Oaks Development would build Knuth Road from Woolbright Road to the L-25
Canal prior to their first Certificate of Occupancy. The condition goes on to say that the
balance of Knuth Road will be buitt simultaneously with Tara Oaks and will be completed
no later than 21 months after the issuance of the first CO. The agreement between
Stonehaven and the property owners has been amended to state that the buffer walls that
are required in this area will be constructed concurrent with the construction of Knuth
Road. The intent was that these buffer wails would serve as a buffer from the traffic on the
roadway as well as to provide security for that development. We have requested a change
to the first part of Condition 23 to re~"lect that recently amended agreement which states
that to comply with this agreement, all masonry buffer walls and associated landscaping
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referenced shall be built as part of the project for the construction with the presently
uncompleted segment of Knuth Road running north from the LWDD L-25 to its present
terminus.
The second part of that condition also refers back to verbiage in the original agreement in
regards to installing signalization at Knuth Road and Boynton Beach Boulevard when
warranted. At last week's meeting we cleared up the provision that the signalization would
be installed when warranted. Obviously, signals have to meet specific warrant studies
done by DOT in Palm Beach County. Even if we wanted to put one in, we could not if we
did not meet their studies. There was a provision also put in regards to posting of a bond
for that signal. As the site plan approval is for the gas station outparcel and for a contract
purchaser, we would like to amend the bond provision to reflect that division which states
that a bond shall be posted for the service station's pro rata cost of the signal, which is
approximately 19 percent, based on the amount of traffic that the service station is
generating versus the overall Knuth Road PCD. That bond will be posted at the time of the
CO. The remainder of the shopping center will be responsible for posting the balance of
the bond in a like manner. Ms. Walter said she talked to her traffic engineer and he
indicated that the signal will not be warranted with the construction of the service station.
If by chance the other outparcel, the bank, is built first, this signal will probably also not be
warranted. The traffic engineer felt that the traffic generated by the balance of the
commercial shopping center will warrant the signal.
With regard to the masonry buffer wall, Ms. Heyden stated that the wording that is in her
agenda memorandum of May 15th is right out of the Stonehaven agreement that we have
on record that conditioned the rezoning. She was unaware of the new agreement that
Ms. Walter presented to her today. This was an agreement that was done between
Stonehaven and the applicant. She explained what that agreement did. Instead of tying
the wall to this project, it ties the wall to the construction of Knuth Road, whenever that
happens. The reason that the applicant and Stonehaven entered into this revised
agreement was to lie the buffer wall to the construction of Knuth Road.
It seemed to Commissioner Bradley that it makes some sense from the standpoint of the
person who is building the road, but it makes no sense from Stonehaven's standpoint. He
pointed out that Stonehaven was so adamant about this wall going up. He could not
believe that they have changed their mind.
Ms. Heyden advised that Ms. Walter did not produce this revised 1995 agreement with
Stonehaven until affer the Planning and Development Board meeting; therefore, they did
not have the benefit of seeing it.
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Roger Bennett from the homeowners association was present. Mayor Taylor asked him
if it is his understanding that the wall is tied to the construction of Knuth Road or to the
construction of the service station. Mr. Bennett stated that the original agreement was
done in 1990. He thought it was all going to happen at one time. He understands now that
they do not have to put a wall in for that service station, but the wall is tied into the
construction of Knuth Road, which he understands will probably take place later this year.
The wall has to go up at the same time the road goes through and before that road can
open up, that wall has to be in place. The residents are satisfied with this.
Vice Mayor Jaskiewicz asked if the residents are ready to accept the fact that they will not
get that wall until Knuth Road is built. She pointed out that Knuth Road may not be built
for 10 years. Mr. Bennett said we do not need that wall until Knuth Road is built.
Mr. Hukill had a slightly different perspective. He was in complete agreement with
Stonehaven's position; however, he thinks this is another case of the ball getting kicked
around. Right now there is a condition on Tara Oaks, which has nothing to do with the
service station, that their first COs cannot be issued until the road is constructed, which
would precipitate the wall. However, Tara Oaks may never get built. If it does not get built,
and this project does, then the developer will take the position that Knuth Road does not
have to go through. The reality is that the onus for the construction of Knuth Road to the
first canal is on this PCD, not on this station. The responsibility for that road is slipping
farther and farther away. He felt the best thing to do is to leave the wall as a condition of
the building permit (the way Condition 23 is written). He has not yet seen the agreement
between Mr. Winchester and the Tara Oaks people for the construction of that road.
Mr. Bennett said he was told that there could not be a CO on any of the Tara Oaks unless
the road went through. Mr. Hukill said that is assuming that Tara Oaks is built.
Commissioner Bradley asked how the wall would benefit the situation for the road.
Mr. Hukill said the Wall would be some protection against the construction that is going to
occur. He felt that the north part of Knuth Road will occur as this PCD at the north end
develops. Having the wall there before alt of this construction is. better than having it there
during the construction. Mr. Bennett did not think having the wall there prior to road
construction is going to be good. They are going to connect drainage to one of our lakes.
That means they are going to have to go under the road or through the road. They cannot
do this with the wall in place; therefore, they would have to tear the wall down to do it.
Also, the wall is going to be coming inside to match up with some gates. If that road is not
there, it is going to be pretty hard to figure out what to do with the wall.
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Mr. Hukill felt that is an argument for doing it because that forces the issue of drainage and
everything else that has to be settled.
Ms. Walter clarified that Andrews & Copans Oil and Gas is the applicant, which is different
than the owner. She was present tonight on behalf of the applicant. Regarding the status
of Tara Oaks and Knuth Road, the construction plans for Knuth Road are being prepared.
They are about 80 percent complete. Construction plans are being prepared for the entire
link. Kiernan Kilday met with Charlie Walker from Palm Beach County Engineering last
Thursday to discuss these construction plans and impact fee credits, which were also
approved as part of the project. It is Ms. Waiter's understanding that they are proceeding
full speed ahead in getting those plans prepared. She also thinks they are working on
rectifying their site plans or going through some of the follow-up approval processes from
their last site plan approval for the Tara Oaks project. As far as she and Mr. Kilday know,
that project is going forth.
With regard to building the wall before the road. essentially, there is going to be
construction activity to build the wall. There is then going to be construction activity to build
the road. Obviously, the construction activity for the road is probably going to be much
more active than for building a wall. You are going to have a situation of having two
construction time frames versus one. Also, the wall will be located outside of the Knuth
Road right-of-way. Currently, there is landscape and a pump house for Stonehaven that
will have to be moved to allow for that wall to be constructed. It would be better to wrap
that all into one package and do all of those improvements at one time. She said from
what it sounds like, the service station, if approved,, is pretty much a done deal. They hope
to be open very soon. Also, Tara Oaks and Knuth Road seem to be progressing
expeditiously through the process.
Vice Mayor Jaskiewicz felt the gas station would never have been approved without the
public outcry from Stonehaven who wanted that wall. She thought they wanted the wail
immediately. It was contingent upon them getting the wall and us approving the service
station, which she strenuously objected to because it did not meet the criteria that we set
forth for stations.
Commissioner Bradley felt we should go ahead with the way it is and not change it. In light
of Mr; Hukill's points, he was in favor of the initial plan.
With regard to the bond and traffic signal, Ms. Heyden felt it was odd that bondS are pro
rata. Mr. Hukill felt the traffic that will generate the warrants for that light will come from the
PCD and that is where the whole bond should be posted. Whether or not the service
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station is required to pay a part of it is between the owner of the PCD and the service
station. Our interest would be in getting a bond to pay for that signal as soon as it is
warranted.
Mayor Taylor asked if we normally require everyone to put up a bond in case a traffic light
is needed some day. Commissioner Bradley asked if this was part of the original
agreement. Ms. Heyden answered affirmatively to both questions. Ms. Walter stated that
the bond requirement was not part of the original agreement. On behalf of the gas station,
she said the balance of the center has yet to come through for site plan approval.
Therefore, it cannot build until it does so. On behalf of the contract purchaser, she
requested that we amend the condition to require the posting of the bond when the balance
of the shopping center comes through for their site plan approval because hopefully that
would mean that they are going forth to construct and, therefore, will be putting the traffic
on the road that warrants the signal.
Mayor Taylor inquired about the cost of a traffic signal. Ms. Walter estimated it to cost
about $50,000.
Mr. Hukill asked if Ms. Walter was suggesting that the bond be placed on the PCD.
Ms. Walter answered affirmatively. She said it still has to come forth for site plan approval
prior to any type of development.
Mr. Hukill asked her if she is suggesting that the condition be eliminated. Mr. Walter
answered affirmatively. She said it really applies more to the balance of the shopping
center than to the gas station itself. The requirement is still part of the agreement between
the property owner and Stonehaven. Therefore, the requirement is still there. Also, it was
part of the original zoning approval. She said this condition to bond the signal is more
applicable to the balance of the center than to the gas station.
Mr. Hukilt agreed to this. He thinks that is reasonable because that is the traffic that is
going to generate the signal.
Vice Mayor Jaskiewicz pointed out that the residents already feel that traffic hazards exist
to a great extent and that they take their lives in their hands at the present time, even
without the gas station. Mr. Hukill pointed out that they. will not put a light in if the warrants
are not there.
In response to Vice Mayor Jaskiewicz and Commissioner Bradley regarding Condition 23,
Ms. Heyden advised that if the Commission wants to tie the wall to this project and
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postpone the bond, then the last part of the sentence of reworded Condition 23 in her May
15th memo, after the semi colon, should be deleted.
Motion
Commissioner Bradley moved to approve the Knuth Road PCD Service Station site plan
subject to staff comments. Vice Mayor Jaskiewicz seconded the motion.
No one in the audience wished to speak on this development plan.
With regard to the last sentence in the memo dated May 15th, which states that the Board
recommends an additional comment that the cross access to the adjacent property to the
west be relocated with the site plan approval of the property to the west, Commissioner
Titcomb asked if this will come up under site plan approval. Mayor Taylor advised him that
this is part of staff comments.
The motion carried 5-0.
D. PROJECT:
AGENT:
APPLICANT:
OWNER:
LQCATION:
DESCRIPTION:
Boynton Beach Mall, Department Store F
Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
DeBartolo Properties Management, Inc.
Boynton-JCP Associates, Inc. Ltd., a Florida limited
partnership
801 North Congress Avenue
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to construct a 162,502
square foot department store with parking structure
This item was dispensed with earlier in the meeting.
E. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Vinings at Boynton Beach - Phase II
CCL Consultants, Inc.
Boynton Beach II Limited Partnership, a Florida limited
partnership, and its assigns
East side of S.W. 8th Street, approximately 1900 feet north
of Woolbright
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to increase the number of
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apartment buildings from 12 to 16, omit building types III and
V, add a volleyball court and reconfigure other recreation
amenities, alter building types II and IV, add a building type
VI and reconfigure the parking and access areas
Rick Wohlfarth of CCL stated that the number of buildings was increased from 12 to 16.
In order to do that, we reduced the number of units per building. There is no increase to
the number of units on the property. The primary reason this was done was to create a
more upscale community in Phase II. Specifically, 30 percent of the units will now have
direct access garages which was, during the leasing of the first phase, an item that was felt
to be wanted by some of the residents who were potentially moving into Phase I.
Secondly, the property itself is being upgraded. He was in agreement with comments 12,
18, and 38, which Ms. Heyden had noted were modified from the original staff report. The
only difficulty he had was with comment 42, which states that given the fact that there are
two ownerships of the property, a hedge was to be put between Phase I and Phase II of
the residential development. This means we are asking to put a hedge in front of units
looking onto a lake on an imaginary line that really has no meaning being there. The
ownership has been broken into two ownerships. We have platted and gone through the
PUD requirements because there are two financing mechanisms to build these two
projects. The two owners of the property are the same and are happy not having a hedge
between the two projects. He requested the Commission's approval for the project as
recommended with the one qualification that no hedging material separating this imaginary
Phase I/Phase II line be required.
Vice Mayor Jaskiewicz had no problem with this. She felt it made sense. She liked the
way the buildings are set up a lot better in this phase. She felt the garage access is
excellent.
Ms. Heyden asked Mr. Wohlfarth if he agreed to Comment 42 as it is rewritten.
(Recommendation is to delete the note and add after the reference to the hedge along the
south property line of Phase II that, provided unified control of both phases is verified at
time of replatting of Phase II, the south hedge shall not be required, including filing of a
landscape appeal.) Mr. Wohlfarth said we do not have a unity of title. There are two
separate owners that happen to be two entities that are controlled and owned by Trammell
Crow, but there are two individual owners. Therefore, if what Ms. Heyden is suggesting
is that at the time we go forward with this phase, if it is one owner, in essence two entities
but one owner, we do not have tq have the hedge, then we are in agreement. Ms. Heyden
said as long as there is unified control and as long as one group manages both Phase I
and Phase II, then she has no problem deleting the ;hedge and not requiring an appeal.
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Mr. Wohlfarth said regardless of the ownership, this is under one ownership as far as the
management of the two parcels.
No one in the audience wished to address this development plan.
Motion
Commissioner Titcomb moved to approve the major site plan modification request to
amend the previously approved site plan to increase the number of apartment buildings
from 12 to 16, omit building types III and V, add a volleyball court and reconfigure other
recreation amenities, alter building types II and IV, add a building type VI and reconfigure
the parking and access areas, subject to all staff comments. Commissioner Tillman
seconded the motion, which carried 5-0.
IX. NEW BUSINESS
A. Item for discussion requested by Mayor Jerry Taylor
1. Visioning follow up
Since the final document has been generated from the visioning, Mayor Taylor stated that
we need to set up a task force to set goals and time lines, and the direction on how to
proceed to accomplish these goals. In order to expedite this, he asked Robert Hill, who
headed up the steering committee for visioning, to immediately assume the role as the
chairman of that committee. He also asked Mr. Hill to ask his selection committee to serve
in that role to get this going. Mayor Taylor advised that some people who were in the
visioning process indicated to him that they would also like to serve on this task force. He
suggested sending everybody on the steering committee a letter, thanking them for their
services and asking them if they want to continue serving as a task force to bring this to
fruition. He stated that we also have to decide how many people should be on the task
force. He asked the Commission for their input.
Vice Mayor Jaskiewicz suggested including the facilitators of each group. Commissioners
Tiilman and Bradley agreed. Commissioner Bradley would also like the entire group to get
together in a year and be presented with some of the updated material. Mayor Taylor
suggested directing the City Manager to have letters sent to everybody on the Steering
Committee and ask them to respond within two weeks to let us know if they want to serve
on the task force.
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Vice Mayor Jaskiewicz felt we have to review the entire document and make two
lists--one that requires funding and more study, and one that we would implement
ourselves and start putting them into action.
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Commissioner Titcomb asked if it would be the job of that particular committee to
implement or recommend implementation of individual components within the visions
document. Mayor Taylor said their function will be to look at the vast majority of
recommendations, rationalize them into some sort of direction, and make their
recommendations to the Commission. They may even want to recommend funding
sources. Commissioner Titcomb said the timeliness of all that is crucial because as we go
into budget processing, if they do not make this next cycle, they will be put off another year.
If there is anything we can do to expedite that process, he felt it would be prudent to do so.
B. Item for discussion requested by Commissioner Matt Bradley
1. Boynton Beach High School
Commissioner Bradley advised that he had been entering into preliminary discussions and
information gathering sessions with some of the people from the School Board and our
own legal group to figure out if alternative funding was feasible.
At the School Board meeting on June 5th, at 5:30 p.m., there will be a community rally and
he hoped everybody will attend. He is in the midst of putting some scripts together so each
City Commissioner can briefly talk about the important topics, namely, the high school and
Congress Middle School, which is an important component to the feeder school concept.
After that meeting, at the end of June, he would like to have a joint workshop with the
School Board to hammer out ideas about alternative funding sources and the critical issue
of sweeteners. He stated that this is something that the School Board continues to bring
up. Even though we would bring a funding mechanism to the table that they could benefit
from, either because it would have a slightly reduced interest rate attached to it or because
of the collaborative nature of us using a revenue bond, we believe that those are reasons
that the School Board would get behind this kind of idea. Commissioner Bradley said
these topics need to be hammered out in the sunshine with the School Board. We all need
to be there, put our cards on the table, and come up with a workable solution for getting
a high school.
Commissioner Bradley felt it was important that we are positive at the rally on June 5th.
He said the last thing the School Board wants to hear from us is a lot of complaining and
finger pointing. However, it is important to point out the facts, and the facts are that ever
since they closed our high school, the citizens in Boynton Beach have been waiting for a
high school. We were promised one in 1986. In a polite, respectful way, we need to let
them know that the time is right, and at the same time, set the process in motion that will
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show them that we are committed to making it happen and are going to help make it
happen. We need to bring a creative kind of funding venture to the table and the idea that
there could be some sweeteners to it is something that has yet to be determined.
Vice Mayor Jaskiewicz would not be amendable to any creative funding unless we received
a guaranty that every single Boynton Beach student who lives in our city will be attending
the high school. She said this is something that the School Board very rarely will give you
a guaranty of. They use our kids to balance other schools. Mayor Taylor suggested that
the Commission meet prior to the workshop to discuss items such as this.
A Commission workshop was scheduled for June 13th at 6:30 p.m. Commissioner Bradley
will find out if the School Board can meet with the City Commission during the last week
of June.
C. Review of Road Hump Policy
Mr. Hukill reviewed his revised draft of the road hump policy. He stated that the Police
Chief would like the Police Department to have the opportunity to make an effort through
enforcement to correct the situation before any other traffic calming measure is taken.
Mr. Hukill agreed with him. Therefore, he revised the policy and the first step would be for
the Boynton Beach Police to evaluate the situation to see what they can do through
enforcement. After that, the speed limit will be reviewed to see if it is reasonable or not.
That will be the threshold for entering the process.
Mr. Hukilt reviewed the specific detaits of the document as follows:
Length of Street
He was not sure what the length of the street where the speed humps will go should be.
Around the country, the average is anywhere from 800 to 1,500 feet because there are
generally two or three road humps in residential neighborhoods, and they cannot be put
any closer than 300 or 400 feet to be effective. He set the length of the street at 1,000
feet.
Number of People Required to Sign Petition
He suggested that if this is a public generated comment, two-thirds of the people who live
on the street where the request is made be required to sign a petition. This is fairly stiff,
but he has some difficulty making it 50 percent because there are so many people in and
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out of town. He asked the Commission for guidance as to how many people should be
required to sign the petition.
Number of Lanes
He limited it to two-lane roads because traffic is too fast on four lane roads, and too long
of a speed hump could create a drainage problem. He stated that we do not want to get
in a situation where we have breaks in these things so that people can evade them,
because they will, and it throws them out of the lane of traffic. He pointed out that Boynton
Beach does not have very many two-lane roads.
Traffic Counts
He established a minimum of 500 vehicles per day, which some residential areas are not
going to meet. The general maximum is 8,000 vehicles per day, but that is probably too
high because most of our streets would not come to that. He is still looking at this
parameter.
Cost Sharing
This is the only real controversial parameter. He proposed that in certain situations, the
petitioners would pay for the whole thing, in some situations the city would pay for the
whole thing, and in some situations, they would share. It depends on the number of miles
an hour over the speed limit. He felt the city needs to have the option of putting these in
if the Police Department determines that this would be effective, but there is no petition
supporting it. He did not think it was reasonable to ask the property owners to pay for road
humps which staff feels are necessary.
This policy also includes Mr. Hukill's suggestions regarding a way of removing road humps,
what triggers that, and that the whole process be reevaluated on an annual basis for the
first three years.
Mr. Hukill advised the Commission of the options as follows:
Do not pursue this matter any further.
Set up a test area, possibly S.W. 4th Avenue, on a trial basis for six months,
without adopting an ordinance.
Set up a test area and prepare an ordinance for adoption.
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Vice Mayor Jaskiewicz pointed out that several residents who attended the town meeting
indicated that they had signed the petition in favor of road humps, but that they did not
know what they were signing and were vehemently against them. Mr. Hukill said maybe
this is an argument for having two-thirds of the people sign the petition.
Commissioner Tillman inquired about liability to one's vehicle if they did not sign the
petition and they have problems with their car because of the road humps. Mr. Hukill
assumed the city would have some liability for that. However, research indicates that there
has not been a case turned over where there has ever been a monetary award based
directly on an accident caused by a speed hump. However, he did not know what would
happen if damage is done to your car because you drove over the speed hump 150 times
or 4,000 times.
Vice Mayor Jaskiewicz asked Mr. Hukill if he had contacted Delray Beach to see how
effective they consider speed humps. Mr. Hukill said he did and their reception was
generally good. One person in their Engineer's Office did not like them. Our own Public
Works Director does not like them because it makes it harder for his trucks to go over.
However, Mr. Hukill has not had a lot of resistance to them.
Mayor Taylor stated that the problem with enforcement by the Police Department is that
as soon as the police go away, the problem will return. Mr. Hukill stated that if the police
are there at the right times, we can find out who the perpetrators are and over time we can
get rid of the problem. He felt if we can do it by enforcement, it is better because we will
not antagonize anybody.
Mayor Taylor asked who is going to pay for the traffic study. Mr. Hukill said the petition
would pay for it, but the city would have the option of paying for it.
Mr. Hukill advised that the police have been to S.W. 4th Avenue. He suggested u§ing
S.W. 4th Avenue as a test case. He stated that the residents offered to pay for the speed
humps. Mayor Taylor asked what kind of feedback Mr. Hukill received from the residents
since the police have been there. He pointed out that maybe they do not need the speed
humps anymore. Mr. Hukill said the feedback he is getting is that the problem is not
solved. He can ask them to validate the petition or talk to some of the people and see if
they still feel that way. This was the consensus of the Commission.
Commissioner Titcomb suggested that the city send an official notice to all the residents
on that street, notifying them that the speed humps are going to be installed so that they
all have a chance to respond, instead of leaving it up to the organizers of the petition to poll
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the residents. Mr. Hukill felt the mailing should state that we are ready to do it if they still
want it.
Mr. Hukill summarized that we will hold in abeyance any work on the ordinance, do this as
a test case, then see how it goes.
D. Fourth of July Fireworks
Mr. Sugerman said we have been contacted by the Chamber of Commerce to see if the
Commission would be interested in moving the traditional Fourth of July fireworks to Friday,
July 5th. Mayor Taylor said one of the reasons for this is because that is the day the torch
is coming through the city. However, it is not stopping, it is just passing through.
Therefore, you are talking about a short period of time. He personally was strongly
opposed to moving the fireworks off the Fourth of July. Any other day is anticlimactic.
Charles Frederick, Director of Recreation and Parks, said he brought this up at the Park
and Recreation Board meeting last night, and they also felt we should keep in on the 4th.
He said the Chamber of Commerce had indicated that we need to do something to
recognize the torch run as it comes through, and he thinks this was one of the suggestions.
He advised that City Manager Parker has directed him to set up a meeting with the
Chamber of Commerce and some people in the community to talk about what we can do
on July 5th when the torch run comes through.
It was the consensus of the Commission to have the fireworks on the Fourth of July.
X. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
Proposed Ordinance No. O96-30 Re: Amend Chapter 7.5, Environmental
Regulation, of the Land Development Regulations, providing for open space
preservation of natural resource sites
City Attorney Cherof read proposed Ordinance No. O96-30 by title only.
No one in the audience wished to address this ordinance.
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Motion
Commissioner Titcomb moved to approve Proposed Ordinance No. 096-30 on second
reading. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the
Acting Deputy Clerk. The motion carried 5-0.
2. Proposed Ordinance No. O96-31 Re: Delete drive thru window requirement
facing city street
City Attorney Cherof read proposed Ordinance No. O96-31 by title only.
No one in the audience wished to address this ordinance.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-31 on second
reading. Commissioner Tillman seconded the motion. A roll call vote was polled by the
Acting Deputy Clerk. The motion carried 5-0.
B. Ordinances - 1st Reading
None.
C. Resolutions
1. Proposed Resolution No. R96-67 Re: Consider proposal of William R.
Hough & Company and Raymond James relating to Water Sewer Bonds
City Attorney Cherof read proposed Resolution No. R96-67 by title only.
Mayor Taylor advised that this will authorize William R, Hough & Company to start the
paperwork to possibly refinance our utility bonds. This would not give them permission to
refinance the bonds. They are merely getting the paperwork ready for such time as the
Commission feels it would be beneficial to refinance the bonds.
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Motion
Commissioner Bradley moved to approve proposed Resolution No. R96-67.
Commissioner Tillman seconded the motion, which carried 5-0.
2. Proposed Resolution No. R96-68 Re: Release of Surety for the Yacht Club
at Hypoluxo
City Attorney Cherof read proposed Resolution No. R96,68 by title only.
Motion
Commissioner Bradley moved to approve proposed Resolution No. R96-68. Vice Mayor
Jaskiewicz seconded the motion, which carried 5-0.
D. Other
None,
Xl. UNFINISHED BUSINESS
A. Criteria for participation on City Boards
Stormy Norem, 539 Middle Road, Gulfstream, hoped that the Commission would enact
some changes that were brought up at the visioning conference. Specifically, the change
to allow people who own or manage businesses in the city to sit on the boards of the city.
There was also a question about residency. He believed the compromise made in several
of the meetings was that at least a majority of the board members must be residents.
He also hoped that the Commission would proceed with some of the items, such as
removing themselves as the CRA, without waiting for the task force to do so.
Mayor Taylor agreed that some things can be started immediately.
Mr. Norem said you need people that will help bring the budget process along to set
everything in place for the following year.
66
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21, 1996
Vice Mayor Jaskiewicz felt we have to review the entire document and make two lists--one
that requires funding and more study, and one that we would implement ourselves and
start putting them into action.
XlI. CITY MANAGER'S REPORT
None.
Xlll. OTHER
Mr. Sugerman pointed out that the Commission did not properly dispose of Commissioner
Tillman's issue regarding the League of Cities appointments.
Motion
Commissioner Titcomb moved to reverse the roles of regular and alternate on the
Municipal League, and that Commissioner Bradley act as the regular member and
Commissioner Tillman as the alternate. Commissioner Tillman seconded the motion,
which carried 5~0.
XIV. ADJOURNMENT
There being no further business to come before the City Commission, the meeting was
adjourned at 12:43 a.m.
CITY OF BOYNTON BEACH
ATTEST:
City~lerk
Recording Secretary (8 tapes)
Mayor,
vi'ce,Mayor
6~o~nmissioner
Commissioner
67
This paragraph was moved to page 59.
DEVELOPMENT ORDER
OFTHE
CITY COMMISSION OFTHE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: VININGS AT BOYNTON BEACH PHASEII
APPLICANT'S AGENT: CCL Consultants, Inc.,
OWNER: Boynton Beach II Limited Partnership, A Florida limited partnership, and its
assi,qns
DATE OF HEARING BEFORE CITY COMMISSION: May 21, 1996
TYPE OF RELIEF SOUGHT: Request to amend the previously approved site plan to
incrase th enumber of apartment buildinRs from 12 to 16, omit buildinR types III and V, add
a volleyball court and reconfi.qure other recreation amenities, alter building type VI and
reconfl,qure the parkin,q and access areas.
LOCATION OF PROPERTY: East side of SW 8th Street, approximately 1900 feet north
of Woolbright
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
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "C" with the notation "included".
The Applicant's application for relief is hereby
_X__ GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
terms and conditions of this order.
All further development on the property shall be made in accordance with the
f._...~ty Attorn~
DATED: ~A~ ~1996
'~City~lerk "'-
EXHIBIT "C"
Conditions of Approval
Project name: Vinings at Boynton Beach Phase II
File number: MSPM 96-003
Reference: The plans consist of twenty-three (23] sheets with an
April 22, 1996 Planning and Zonina Department S~amD mark and the
followina file number written in the uDDer lefthand corner of sheet
1 of 23 Ma~or Site Plan Modification, MSPM 96-003 (Control Plans]
DEPARTMENTS
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1. For operation and maintenance only,
palm trees will be permitted with
utility easements, (Sec.26-33(a)).
FIRE
Comments:
2. Conflicts between landscaping and fire
hydrants must be resolved. A clear
view of the hydrant is required from
the roadway.
3. Lift station access by the Fire
Department is required for rescue
operation.
and numbers must be
4.
Street
names
reviewed by the Fire Department before
being assigned.
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
5. 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 a permit
request.
6. Plat review and approval required.
Chap.5, Art. II, Sec.l,pg.5-1
7. Sidewalks are required on both sides
of all local and collector streets.
Chap.6,Art. III,Sec.llA,Pg.6-3
8. Provide certification by developer's
engineer that drainage plan complies
with all City codes & standards.
Chap.6,Art. IV,Sec.5A,pg.6-7 and
Chap.23,Art. IIF,pq.23-8
Page 2
Conditions of Approval
Vinings at Boynton Beach Phase
MSPM 96-003
II
DEPARTMENTS I INCLUDE IREJECT
9. Minimum pavement width is 22' (11'
lane for local road).
Chap.6,Art. IV,Sec.10C,pg.6-11
Recommend appropriate cross-hatching
on either side of entrance to guide
traffic into single land area.
10. Parking lot section mUst conform to
City code. Chap.6,Art. IV,Sec.10F,pg.6-
12
11. Need SFWMD & LWDD acceptance prior to
Engineering approval.
Chap.6,Art.VII,Sec.4B,pg.6-24
12. Remove concrete median within
entranceway.
Chap'22'Art'I'Sec'4'pg'22-1
Recommend appropriate cross-hatching
on either side of entrance to guide
traffic into single lane area.
13. Photometrics must be approved for both
pedestrian and parking lot lighting
before building permit can be issued.
Chap.23,Art. II,Ala,pg.23-6
14. Landscaped areas in parking lots must
be protected by wheel stops or curbs.
Chap.23,Art. IIE,pg.23-7
Provide 27' backup area, all stalls.
15.
Chap.23,Art. II,Ii,pg.23-9
16. All parking lots shall meet or exceed
State Handicap Code requirements and /
comply with the Standard Building Code
and the Countywide amendments thereto.
Chap.23,Art. IIK,pg.23-9
17. Provide a handicap stall within the
visitor parking area.
Chap.23,Art. IIK,pg.23-9. Note: This
parking area will require acceptable
lighting.
Recommendations:
18. Consider continuous curb in lieu of
wheel stop to reduce tripping hazard
and to provide two additional feet of
pervious area.
BUILDING DIVISION
19. The building plans will be reviewed
per the technical codes applicable at ./
the time of permitting. Depending on
the time of submittal, it may be the
present 1991 Edition of the Standard
Building Code or perhaps after June it
may be the 1994 Edition.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
Page 3
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS I INCLUDE IREJECT
20. Two large Live Oak (hardwood) trees
have been found on site. The original
tree survey submitted by the
consultants CCL Company showed no
hardwoods on the site. The applicant
should contact the Forester/
Environmentalist Department in ,~/~
reference to these trees prior to
issuance of the clearing permit.
PLANNING AND ZONING
Comments:
21. Delineate on the site plan the areas
of Phase I that are being modified or
place a note on the site plan /
indicating that there are no changes
proposed for Phase I.
22. To verify that the parking areas and
landscape areas comply with code
regulations and/or previous approvals
regarding size and/or dimension, add
to the sheet titled "Site Plan" (sheet
1 of 23) the appropriate horizontal
control dimensions. The control
dimensions shall identify the distance
through the property from north to
south and east to west. The control
dimensions shall include the following
measurements:
a) The distance from all property
lines to the vehicle use areas.
b) The length of the parking spaces. /
c) The width of the access aisle/
back-up space.
d) The width of the landscape area
adjacent to the building.
e) The width of the sidewalks adjacent
to the building.
f) Maintain the distance between
buildings as shown on the plan.
23. With a distinguishable symbol show,
label and dimension on the site plan
(sheet 1 of 23) the approved setback
along the east property line and the /
south setback that separates Phase I
from Phase II. Show and label these
setbacks on the landscape plan (sheet
3 of 23).
Page 4
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS I INCLUDE IREJECT
24. To ensure that the building overhang
or building structures that are
located above the building footprint
area depicted on the plan view
drawings sheets 1 of 23, 2 of 23 and 3
of 23 do not encroach into an easement
or setback line, delineate with a
symbol and dimension on the first
floor plan drawings (including
recreation building), second floor
plan drawings, third floor plan
drawings and all elevation view
drawings the width of the overhang or
building structure that is not shown
on the building footprint depicted on
the plan view drawings. Also place a
statement on the site plan (sheet 1 of
23), preliminary master plan (sheet 2
of 23) and landscape plan (sheet 3 of
23) indicating what part of the
building is depicted by the footprint
shown on the plan. Also show, using
the symbol found on sheet 1 of 23, the
location of the two story portions of
the buildings in Phase II.
25. Dimension the width of the access
aisle leading to Phase II. Minimum
width for two-way traffic is 20 feet.
However, a 27 foot back-up space is /
required adjacent to the parking
spaces at the tennis court. Dimension
the plan accordingly.
26. The survey submitted with the request
does not show the utility easement
along the north property line adjacent
to the existing residential homes that
exists on Lake Boynton Estates Plat 2
(PB 14, Pg. 17 P.B.C.R.). Correct
the survey accordingly.
27. Place a note on the site plan (sheet 1
of 23) indicating that there is a
recorded easement agreement which
allows access to Phase II through
Phase I. Also indicate on the sheet
the recording data.
28. In the total parking data provided on
sheet 1 of 23, indicate which total is
for Phase I and Phase II.
29. The detail drawing included with the
submittal (sheet 2 of 23) identifies
the length of the parking spaces as 16
feet. If this is correct, show with a
distinguishable symbol the remaining
two feet of the required eighteen (18)
foot long parking space. The eighteen
foot long parking space shall not
encroach into the required width of
landscape areas or sidewalks. Clarify
the drawings and show compliance with
code regulations.
Page 5
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS
30. It is also evident from reviewing the
data found on the floor plan drawings
and the L.U.I. computations that some
of the area that was identified as
part of the FAR found on sheet 1 of 23
includes area that could be deducted
from the FAR computations. Amend the
FAR data to show the accurate total
FAR area.
31. On sheet 2 of 23 specify the color and
height of the dumpster enclosure.
32. The applicant has indicated that the
colors of the buildings in Phase II
will match the colors of the buildings
in Phase I, however, the color of the
porch railings identified on the plans
indicate the color of the railings
will be forest green and the existing
porch railings in Phase I are white.
Pleast match.
33. Change the location of the volleyball
court shown on the site plan and
preliminary master plan to match the
location of the court shown on the
landscape plan.
34. Provide elevation view drawings
including identifying types of
material and colors of the structure
identified as BBQ. Also dimension
the location of the structure
consistent with the approved setbacks.
35. Modify the north PUD boundary planting
plan to match the buffer planting plan
approved by the City Commission. Also
modify the design of the landscape
material shown on the detail buffer
drawing titled Section A (north
buffer of the PUD) to match the
approved buffer planting plan.
36. To ensure that the location of trees
and structures do not encroach into an
easement, add to the site plan and
landscape plan, where applicable,
notes and symbols that show the
location, size and type of proposed
and existing easements. Amend the
plan accordingly.
37. On the plant list and landscape plan
delineate with a symbol the trees that
are required for the tree management
plan.
38. Place a note on the site plan and
landscape plan indicating that the
buffer landscaping required for the
north property line of the Phase II
project shall be completed prior to
the first C.O. being issued for a
building in Phase II. This comment is
a condition of the original site plan
approval September 29~ 1994.
Page 6
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS I INCLUDE IREJECT
39. On the section view drawings of the
berms, found on the landscape plan,
indicate the location of proposed
easements and easements of record.
Where applicable, modify the location
of the trees so that trees do not
encroach into a utility easement.
Also specify on the detail drawing for
the berm along the east property line
that the minimum height of the berm is
five (5) feet.
40. Add to the landscape plan the
elevations of the contour lines that
form the berms depicted on the plan.
Also show on the drainage plan the
location of the berms.
41. To eliminate a conflict with the
location of landscape material and
fire hydrants and drainage structures,
show and identify the location of the
fire hydrants and drainage structures
on the landscape plan. Relocate the
landscape material accordingly.
Page 7
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
42. Show on the landscape plan a
distinguishable symbol that identifies
the location of the trees and/or
hedges that are required to comply
with the following code regulations
(note - required material shall meet
the minimum size and spacing
requirements of the code):
* location of hedges required to
meet the visual barrier
specifications to screen the view
of the on, site vehicle use area
from the abutting property lines
to the:
south south property line of
Phase II;
north property line north of
buildings 16, 15, 6, 1,
2 and 5 and west of
buildings 16, 13, 12
and 8;
east property line east of
buildings 15, 14, 11, 9
and 10 and
west abutting the
right-of-way (S.W. 8th
Street).
Note: unifying the title of Phase
I with Phase II will eliminate
the hedge requirement along the
south property line that
separates Phase II from Phase I.
* location and number of trees
required to meet the general
landscape requirement. The total
impervious area of the entire
site divided by 1,500 equals the
general landscape requirement.
The site data indicates that
there is a total of 7.95 acres of
recreation area, canal easement
and open space located in Phase
II - clarify the numbers listed
on the landscape plan.
* Provide a separate plant list and
planting plans to show compliance
with the foundation planting
requirements for the front and
sides of each building.
43. It is recommended that melaleuca mulch
be specified on the landscape plan for
the planting beds.
Permit'plans shall show compliance
44.
with all applicable codes, ordinances
and resolutions.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
MEH/dim
a: ComD~pt. VIN
ADDITIONAL CONDITIONS FROM PLANNING AND DEVELOPMENT BOARD RE: THE
VININGS AT BOYNTON BEACH - PHASE II
1. Comment No. 12: Recommendation is to delete (i.e. - retain concrete median within
entrance way.
2. Comment No. 18: Add to the end of #18 "unless wheel stops are provided in Phase
I for purposes of consistency".
3. Comment No. 38: Replace first Certificate of Occupancy with the eighth Certificate
of Occupancy to represent completion of the south half of the buildings within Phase II.
4. Comment No. 42: Recommendation is to delete the note and add after the
reference to the hedge along the south property line of Phase II that, provided unified
control of both phases is verified at time of replatting of Phase II, the south hedge shall not
be required, including filing of a landscape appeal.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PPLICANT: NAUTICA SOUND (FKA KNOLLWOOD GROVES PUD)
APPLICANT'S AGENT: Karyn I. Janssen, Kilday and Associates, Inc.,
DATE OF HEARING BEFORE CITY COMMISSION: May 21, 1996
TYPE OF RELIEF SOUGHT: Request for site plan approval of private recreation, common
area landscaping and project si.qna,qe for a 424 unit, single-family residential PUD
LOCATION OF PROPERTY: Northwest corner of Lawrence Road and the LWDD L-19
Canal
DRAWING(S): SEE EXHIBIT ".._" 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 conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "~," with the notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
Other:
'CityC/Clerk - ~
C:devord.frm
rev. 1/24/96
Ci{y/,~t{°rn~y - (.,//
II[llll~l
~ I I
IIII1111.1
I
i
llllill
lil.l~l
~ . Recreatlon Area - Planting Plan
Project name:
File number:
Reference: The plans consist of 40
EXHIBIT "C"
Conditions of ADDroval
Nautica Sound (f.k.a. Knollwood Groves PUD)
NWSP 96-001
sheets identified as 2nd review,
New Site Plan. File % NWSP 96-001 with an APril 15. 1996 Planning
and Zonina DePartment date stamp marking
DEPARTMENTS I INCLUDE I REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
1. A~i plans submitted for specific x
permits shall meet the City's code
rSquirements at time of application.
T~ese permits include, but are not
l~mited to the following: site
l~ghting, paving, drainage, curbing,
l&ndscaping, irrigation and traffic
c$ntrol devices. Permits required from
agencies such as the FDOT, PBC, SFWMD
a~d any other permitting agency shall
by included with the permit request.
2. T%e outfalls within Lake No. 3 (Sheet x
3~ of 37), the related drainage pipe
a]~d the control structure out to the
L~[DD L-19 canal shall be made a part of
t]~e Nautica Sound Master Stormwater
D~ainage System and shall be placed in
a Water Management Tract by a recorded
ilLstrument. The tract and related
st~ructures shall be the sole
r~sponsibility of the H.O.A. Chap.6,
A~t. III,Sec.5-1,pg.6-2 and Art. IV,
Sec.SB,pg6-8.
3. P~otometrics must be approved for'both x
pedestrian and parking lot lighting for
t~e parking lot and bus stop area
bgfore building permit can be issued.
Chap.23,Art. II,,Ala,pg23-6.
4. Install "D" curb throughout the parking x
stall areas and eliminate the wheel
stops. This will create a more
aesthetic and maintenance free parking
lot. Not having the additional asphalt
beyond the wheel stops will add some
additional 860 square feet of pervious
area.
BUILDING DIVISION
Comments:
Page 2
New Site Plan
Nautica Sound
NWSP 96-001
DEPARTMENTS I INCLUDE I REJECT
5. The Building Division does not agree x
with the applicant's interpretation of
the sign area.
Article II, Definitions, would allow a
sign composed of individual letters or
symbols using the wall as the
background with no additional
decorations, to be calculated per the
applicant's response, but the review of
the submitted wall sign does not comply
with that part of the definition and
unless revised to comply with this
definition, a variance must be obtained
prior to sign permitting.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
7. Expand the on-site, line-of-sight x
triangle located on Lawrence Road and
Springfield Boulevard so that the base
and height of the triangles are thirty-
five (35) feet rather than the twenty-
five feet (25) shown on the plans.
Also add a note to the landscape plan
that indicates the space within the
triangular areas shall be maintained to
allow an unobstructed cross visibility.
8. Due to the four (4) foot overall height x
of the areca palms specified on sheet 8
of 11 of the landscape plans (southeast
corner of the PUD), it is recommended
that the proposed spacing of three (3)
feet on center be accepted rather than
the previously approved two (2) feet on
center spacing with two (2) foot tall
hedges. It should be noted that the
buffer hedge will be installed on top
of a berm with a maximum height of
three (3) feet specified on the plan.
9. Use a distinguishable symbol on the x
landscape plans to identify the
location of the trees that are required
as part of the tree management plan.
Page 3
New Site Plan
Nautica Sound
NWSP 96-001
DEPARTMENTS I INCLUDE I REJECT
10. Provide on the landscape plan x
computations to confirm that the buffer
trees and hedges required along the
south, north and southwest property
lines of the PUD comply with the
approved planting specifications
regarding spacing and quantities. Also,
place on the landscape plan a typical
maximum spacing dimension of forty (40)
feet on center for the trees located
along the east property line of the PUD
and the west property line of the PUD,
excluding the frontage on Lawrence
Road. The spacing dimension shall
match the dimensions identified on
Exhibit B. Some of the trees along the
lots that abut Springfield Boulevard
are located in the city right-of-way
and cannot be counted for the on-site
required buffer. Use a symbol on the
landscape plan that delineates the
location of the required buffer trees
as approved on the master plan.
11. There appears to be a conflict with the x
location of a drainage easement shown
on the littoral planting plan (sheet 1
of 6) and the location of the bus
shelter shown on the planting plan
(sheet 1 of 11) and the layout plan
(sheet 1 of 9). Correct the conflict.
The bus shelter shall comply with the
approved ten (10) foot setback.
12. The landscape plan makes reference to x
an Exhibit B. Add this detail drawing
to the landscape plans.
13. On the landscape plan of the bus x
shelter and the recreation area, use a
distinguishable symbol to identify the
location of the required landscape
material to comply with the landscape
code for the following code sections:
Perimeter
trees vehicle use area abutting the
R.O.W. (maximum spacing 40' on
center, minimum height 8')
Perimeter
hedges - vehicle use area screening
(maximum spacing 2' on center
continuous, minimum height
18")
14. On the planting plan (sheet 8 of 11) x
show and specify the required
continuous buffer hedge in the
landscape easement at the rear of lots
276 and 277. On planting plan (sheet
i0 of 11) show and specify the required
continuous buffer hedge in the
landscape easement at the rear of lots
418 and 419.
Page 4
New Site Plan
Nautica Sound
NWSP 96-001
DEPARTMENTS I INCLUDE I REJECT
15. As stated on the Master Plan indicate x
on the Planting Plans that the
perimeter buffer landscape material
shall be installed prior to the first
certificate of occupancy being issued
for a building located in Phase I.
Also, identify on the planting plan the
location of Phase I and Phase II.
16. Permit plans shall show compliance with x
all applicable codes, ordinances and
resolutions.
17. It is recommended that the required x
landscape buffer along the east and
west property lines of Phase 2
(location of phase line as shown on the
master plan) be installed in its
entirety where it abuts developed
property outside the PUD and be
installed on a lot by lot basis where
it abuts undeveloped property outside
the PUD. However, if development
commences on an undeveloped area prior
to the buffer being installed on a lot
by lot basis the developer shall
install the buffer prior to issuance of
a certificate of occupancy for the next
house located along said buffer. If
this recommendation is approved a note
indicating the conditions shall be
placed on the buffer planting plans.
ADDITIONAL PLANNING & DEVELOPMENT BOARD
COMMENTS
3. Addition of the following sentence - x
lighting for the bus stop area shall be
activated by time clocks, rather than the
required photocells
4. To be deleted as the applicant prefers x
to install wheel stops, rather than curbing.
14. Addition of the following sentence - x
This condition will be deleted if applicant
provides a letter from FPL regarding this
matter.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
MEH: dim
xc: Central File
a: ComDept 2. Nau
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: Boynton Beach Mall, DePartment Store F
APPLICANT'S AGENT: Cormac C. Conahan, Esq., with Hod,qson, Russ, Andrews, Wood,~
& Goodyear, agent for DeBartolo Properties Management, Inc.,
DATE OF HEARING BEFORE CITY COMMISSION: May 17, 1996
TYPE OF RELIEF SOUGHT: Seekin,q to amend the previously approved site plan fn
construct a 162,502 wquare foot department store with parkin,q structure at 801 North
Congress Avenue.
LOCATION OF PROPERTY: 801 North Con,qress Avenue.
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 requlirements of the City's Land Development Regulations.
2. The Applicant
)~ HAS
i HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The condit!ions for development requested by the Applicant, administrative
staff, or suggested by th~ public and supported by substantial competent evidence are as
set forth on Exhibit "C" With the notation "Included".
The Applicant's application for relief is hereby
x GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
7.
Other:
DATED: ~/'~'.~ ~' , 1996
Cit~'Clerk -
rev. 1/24/96
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Beach Mall - Department Store F
File number: MSPM 96-001
Reference:The plans consist of 21 sheets Dlus a 10 Daoe landscapo
report identified as 2nd Review. Major Site Plan Modification, Filo
~ MSPM 96-001 with a March 20. 1996 Plannin~ and Zonin~ DeDartmenl
date stamp marki~ -
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments:
1. Utilities requests a meeting with x
applicant and or the design Engineer
to discuss utility relocations and
permit applications to HRS.
2. The existing water system, on the mall x
property, is owned and maintained by
the City of Boynton Beach. Please
remove or revise your note #3 on your
sheet #M-3.
FIRE
Comments: NONE
POLICE
Comments: NONE ,
Comments:
3. Typical parking detail shows 27' x
backup space, but reference is also
made to 25' width which must be
removed.
4. The ends of islands must extend out to x
ends of staffs.
5. Fire lane locations are acceptable, x
but must have minimum 22 foot pavement
width.
6. Need SFWMD & LWDD acceptance prior to x
Engineering approval.
Chap.6,Art. IV,Sec. SA,pg.6-7
7. All landscaped areas shall be provided x
with an automatic water supply system.
Chap.7.5,Art. II,Sec.5B,pg.7.5_14
8. The parking area interior landscaping x
shall be located in such a manner as
to divide and break up the expanse of
paving. Chap.7.5,Art. II,Sec. SG,pg.7.5_
17
9. Provide stop signs and stop bars in x
accordance with the "Manual on Uniform
Traffic control Devices...
Chap.23~Art. IIB2,Dq.23-7
Page 2 '
Major Site Plan Modification
Boynton Beach Mall - Department
MSPM 96-001
Store "F"
DEPARTMENTS ~ REJECT
10. No more than two access aisles may be x
traversed without interruption which
shall be accomplished by the placement
of wheel stops or the installation of
a raised, continuous curb.
Chap.23,Art. IIE,pg.23-7
11. The parking garage may require a x
security system.
Chap.23,Art. IIJ,pg.23-9
12. It is recommended that "heavy duty" x
pavement within the driving aisles of
the parking lot.
13. It is recommended that a supplemental x
plate be attached below the handicap
post sign indicating the $250 fine as
a deterrent.
14. It is recommended that fire lane x
pavement messages be alternated ever~
50 ', with related post mounted signs
along building perimeter. Face post
mounted signs in direction of oncoming
traffic.
BUILDING DIVISION
Comments:
15. Until such time as architectural plans x
are presented and an up-to-date survey
is received, technical questions with
regards to ingress and egress and
easement encroachment cannot be
determined. Plans must show that
placement of the anchor store and
multi-story garage does not encroach
upon easements, etc.
16. The size of the plans needs to be x
reduced to comply with the
department.s record keeping and
microfilm program.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALiST
Comments:
17. There will be mitigation required for x
slash pine trees which have died due
to the lack of maintenance in the
preserve area. A meeting with the
owner's representative on the preserve
site to Compare the quantity of
existing, healthy slash pine trees
with the original tree survey quantity
is needed. (subject to comment
clarification 5/21/96 letter from Carman C.
Conahan)
Page 3 ~ ~
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
DEPARTMENTS
18.
A Tree Management Plan must be
submitted for the preserve area
comprising 5.283 acres. This document
will address the removal of exotics
from the preserve acreage on a regular
time schedule.
19
20.
21.
22.
· Slash pine trees may have been kill
by the lack of preserve area
maintenance required by the DRI since
November 16, 1982 and December 19,
19989. These dead trees will have to
be replaced with equal tree value as
part of the Tree Management Plan.
Selection of plant materials (plant
list) is as follows:
Queen palm (AR) is not native species
nor wildlife benefit, therefore,
recommend native palm trees..
Black Olive (BB) is not a native
species nor a wildlife benefit,
therefore, recommend live oak or sand
live oak.
Laurel Oak (QL) is not proper for this
soil type, therefore, recommend live
oak or sand live oak.
Pongam (pp) is not a native species
and is listed as a nuisance tree (Palm
Beach County Ord.), therefore
recommend either live oak or sand live
oak, dahoon holly, red bay.
Yellow Tabebuia (TA) is not a native
species, therefore recommend either
yellow, elder geiger tree, or sWeet
acacia.
Viburnum suspensum (VS) is not a
native species, therefore recommend
either Walter's viburnum, wax myrthle
or Florida Privet, Firebush, Saw
Palmetto (See Commen._~_tto No. 17)
It is recommended that a wax myrthle
hedge be installed along the entire
west side of the perimeter block wall
Javert Street.
Plant trees/shrubs in accordance with
Treasure Coast Regional Planning
Council letter of February 6, 1996
from Peter G. Merritt, Regional'
Ecologist preserve area).
The li%toral zone plantings for (4)
lakes (A,B,C,D) submitted for the
April 3, 1996 date shall be the plans
submitted to the City Building
Department for permits. The TCRPC may
make comments on these plans which
should be included in the permit
review process.
INCLUDE
X
X
REJECT
Page 4
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
DEPARTMENTs ~
REJECT
23. Sheet # 1 of 17, the lighting standard x
shown should be installed adjacent to
the preserve area in a manner not to
interfere with the flora/fauna. The
adjacent residential community has
expressed a concern about being
shielded from the glare of the
proposed lighting structures.
24. Sheet # 5 of 17, the total quantities x
of existing trees on the tree survey
should be indicated on this sheet or
the landscape plan for the preserve
area. The eventual tree count for the
preserve area should be equal to or
more than this quantity of existing
(desirable) trees. (See Comment to No. 17)
25. Sheet # 6 of 17, the page should x
indicate clearly that the entire tree
preserve area perimeter will contain a
permanent chain link fence. The page
is not clear as to when the temporary
fence will be replaced with the
permanent fence. The adjacent
residential neighborhood is concerned
about people walking through the
preserve. The Tree Management Plan
should keep all debris and dumping out
of the preserve area.
26. Sheet # 8 of 17, the existing x
ornamental trees shown for relocation
around the retention ponds should be
coordinated with the littoral zone
planting plans for the ponds.
The 235 trees shown to be relocated
per plan should indicate the specific
relocation sites. The existing Slash
Pine trees shown for relocation are
the only species to be placed ~
the preserve area.
Any tree trimming specified should
meet the National Arborist Society
guidelines for "thinning" the crown or
"lifting,, the lower limbs of the trees
(removal and relocation notes #5, #6,
#7).
27. Sheet # 9 of 17, see previous comments x
about "plant list" selection of
materials (comment # 19).
All disturbed areas within the
preserve area should not be reseeded,
unless the grass seed is a native
species to Slash Pine community.
PLANNING AND ZONING
Co~unent s:
Page 5
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
~REJECT
28. Prior to issuance of a Building x
Permit, the applicant shall cause the
preservation as a native habitat
preserve in perpetuity of the pine
area in the northwest quadrant of the
site by recording appropriate
Restrictive Covenants which, prior to
recording, shall be approved by the
Treasure Coast Regional Planning
Council and the City of Boynton Beach.
(Per Resolution R96-26)
29. Prior to commencing construction x
activity within the parcel containing
the area to be preserved, the preserve
area shall be temporarily fenced or
otherwise delineated to prevent
construction equipment from entering
the area. (Per Resolution R96-26).
30. All Brazilian pepper, Australian pine x
and Melaleuca on the site (including
within the limits of the pine area)
shall be removed prior to issuance of
a certificate of occupancy for any new
square footage. These species shall
not be used in landscaping. (Per
Resolution R96-26).
31. A landscaped buffer along the west x
boundary of the Pine Area and adjacent
to Javert Street shall be provided in
accordance with the plan attached to
the Resolution 96-26 and identified as
Exhibit "1" to the resolution.
32. Utilizing native woody species prior x
to construction and planting of
littoral zones around the existing
detention ponds, the applicant shall
prepare a management plan for the
littoral zone to be reviewed and
approved by the Treasure Coast
Regional Planning Council in
consultation with the City of Boynton
Beach and the South Florida Water
Management District. The Plan shall
include a description of the
monitoring and maintenance procedures
to be followed in order to assure the
continued viability and health of the
littoral zones. No Certificate of
Occupancy shall be issued for any
additional square footage constructed
until the Plan is determined to be
consistent with the Regional Plan.
The littoral zone shall'be in place
prior-to the issuance of a Certificate
of Occupancy for any additional square
footage to be constructed. (Per
Resolution R96-26).
Page 6
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
.DEPARTMENTs I iNCLUDE I REJECT
33. Drainage plans to be submitted shall x
be designed so that under no
circumstances shall post development
runoff volumes exceed predevelopment
runoff volumes for a storm event of
three-day duration and 25-year
frequency. (Per Resolution R96-26).
34. No building permits for gross leasable x
space in excess of 1,108,000 square
feet within the Boynton Beach Mall
shall be issued until all right-of-way
within the project boundaries have
been dedicated, free and clear of all
liens and encumbrances, to the City of
Boynton Beach or Palm Beach County as
necessary and consistent with the Palm
Beach County Thoroughfare Right-of-way
Protection Plan. (Per Resolution R96-
26).
35. Prior to, or upon issuance of a x
building permit for the additional
square footage, the applicant shall
pay a fair share contribution
consistent with the Fair Share Impact
Fee Ordinance applicable to the
Boynton Beach Mall proposed change.
(Per Resolution R96-26).
Page 7
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
DEPARTMENTS
36. Upon a Site visit to the property to
compare the count and location of the
regular and handicapped parking spaces
to the location shown on sheets SP-1,
SP-4, 1 and 1-A of the submitted plans
it was determined that changes have
been made to the parking layout which
results in the total number of
provided spaces being less than what
is specified on the parking data. The
above-listed plan view drawings will
be required to be updated to show and
identify the accurate number of
regular and handicapped parking spaces
provided at the site to enable staff
to determine whether the provided
number of spaces meets the minimum
requirements. An accurate count and
listing of the existing and proposed
new parking space layout is required
to determine whether the appropriate
number of handicapped parking spaces
are being provided at the site.
Modify the plans and parking data to
show the correct total number of
provided spaces. Provide a separate
listing identifying the number of
required and provided handicapped
spaces. Also show on sheet SP-1 the
location of no less than the minimum
number of handicapped parking spaces
as required by code. The total number
of required parking spaces is
incorrectly identified on sheet SP-1.
Correct the Count and data by dividing
the total gross leasable floor area by
two hundred (200). Also, correct the
inconsistency between the total number
of parking spaces that will be
provided in the two (2) levels above
grade of the parking structure. The
number of spaces identified in the
parking data on sheet SP-1 is 640 and
the detail drawing found on the same
sheet indicates 680 spaces. The
number of parking spaces provided
shall be no less than the total number
of parking spaces required. Approval
of a variance to the zoning code to
reduce the number of required spaces
will be required if the number of
spaces p~'ovided is not consistent with
~gulations.
37. Modify the building elevations found
on sheet titled "Design Elevations,, to
show a-maximum building height not
exceeding the city's forty-five (45)
feet height limitation. [Chapter 2
Zoning, Section 6.C.3]. (subject to
release of exception obtaine~
38. On sheet SP-1, show and label the work
limit line.
INCLUDE
x
REJECT
Page 8
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
DEPARTMENTS ~
39. On sheet SP~i modify the site data to x
include the following information:
Separately delineate the total
square feet area of the
preservation site. This area
shall match the area that is
identified on the city zoning map
as REC. as well as the area
identified on the corrected
survey prepared by O'Brien,
Sutter & O'Brien, Inc.
40. Correct the inconsistency between the x
configuration of the parking structure
drawing found on sheet SP-1 and the
parking structure shown on the sheet
titled "Design Elevations". Adjust
the site data and total number of
parking spaces provided accordingly.
41. Submit drawings that show the layout x
and dimensions of the columns, stairs,
walls, elevators (where applicable)
and pedestrian access for each of the
two above grade levels of the parking
structure as well as the parking
layout at grade level. Modify the
provided parking calculations
accordingly.
42. Submit elevation view drawings of the x
north, south and east sides of the
parking structure including
identifying the dimension of the
overall height of the structure. Also
identify all exterior materials and
their color by name, color designation
and manufacturer.
43. Show on the elevation view drawings x
the location and elevation of the
highest point of the roof top mounted
equipment. All roof top equipment
shall not be visible from a distance
of six hundred feet. Show the
required screening and identify the
material and color by name, color
designation and manufacturer.
Screening shall not exceed forty-five
(45) feet.
44. Submit for review conceptual floor x
plan drawings of Department Store F.
Identify the principal use and
ancillary uses on the floor plan.
Page 9
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
DEPARTMENTS
45. On the sheet titled, Tree Locations x
Boynton Beach Mall - Preserve,
prepared by O'Brien, Sutter & O'Brien,
Inc., identify the legal description
of the land area and the total acres.
The total acreage/area shall not be
below the area of the land identified
and zoned REC (Recreation). Where
applicable, modify the proposed
vehicle use area and adjacent
landscape strip to not encroach into
the preserve.
46. On the sheet titled Planting Plan (L- x
2), change the spacing of the coco
plum hedge from three (3) feet to two
(2) feet, center to center. Also
place a note on the plan indicating
that the spacing of landscape material
identified on the landscape plan
supersedes the quantities listed.
47. On the sheet titled, Construction x
Sequencing Plan, indicate the preserve
area plantings and maintenance
completion times required by
resolution R96-26. Also add this note
to the pine preserve notes found on
the sheet titled Landscape Demolition/
Relocation/Protection Plan.
48. On the slnmbol legend found on sheet x
titled Site Plan & Details, change the
height of the chain-link fence from
four (4) feet to six (6) feet to match
the detail drawing on the same sheet.
Also indicate that the six (6) foot
high fence is permanent.
49. Submit a city approved and executed x
agreement between the subject property
owner and the Lake Worth Drainage
District (LWDD) regarding placing
parking spaces within the LWDD right-
of-way located in the northwest corner
of the mall site.
50. Amend the plans to show compliance x
with the results of the parking lot
variance (PKLV 96-001) regarding the
reduction in width of back-up space
(27 feet to 25 feet) and length of
p~rking space (18 feet to 17.25 feet)
for the two above grade levels of the
parking structure. AlSo, if the
variance is approved reference on
sheet SP~i the above-listed file
number~and city commission approval
date.
51. It is recommended that the proposed x
wall signage, that was not included
with the submittal, for the new store
be processed as a minor site plan
modification.
Page 10
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
DEPARTMENTS
52. Add a note to sheet SP-1 that
indicates development of the mall site
shall be consistent with the
conditions of the amended development
order that are identified in
______Resolution R96-26.
53. On the elevation view drawing of the
parking structure, change the title
from east to west. Also change the
west building elevation title to east
___~and change the east to west.
54. For safety purposes it is recommended
that the parking spaces that are
located on the ramp of the parking
structure be omitted if the percent of
______slope is ~reater than 10 percent.
55. A request for abandonment will be
required if the parking structure or
Departmen~ Store F encroach into an
easement.
56. Permit plans shall show compliance
with all applicable codes, ordinances
and resolutions.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
INCLUDE
REJECT
TJH/dim
a: ComD~pt .Mai
TO:
FROM:
DATE:
SUBJECT:
PLANNING AND ZONING DEPAR:
MEMORANDUM NO. 96-27¢
VIII. DEVELOPmeNT PLANS
D
cc: Plan, Dev, Util
Agenda Memorand-m for
May 21, 1996, City Commission Meeting
Carrie Parker
City Manager f' ,' ~ /,'7'-~?
Tambrl J. Heyden ~;~- /.,/~//
Planning and Zoning Direct0~ --
May 17, 1996
Boynton Beach Mall, Department Store F - MSPM 96-001
Major Site Plan Modification
Please place the above-refereneed item on the May 21, 1996 City Commission agenda under
Development Plann.
DESCRIPTION: Cormac C. Conahan, Esq., with Hodgson, Russ, Andrews, Woods &
Goodyear, agent for DeBartalo Properties Management, Inc., property owner is requesting
to amend the previously approved site plan to construct a 162,502 square foot department
store with parking structure at 801 North Congress Avenue· The attached Planning and
Zoning Deparhuent Memorandum No. 96-252 further details this request.
RECOMMENDATION: The Planning and Development Board, with a 7-0 vote,
recommended approval of this request subject to the comments in the attached Exhibit C,
with the exception of Comment #10, regarding the requirement for wheelstops to be
provided. The applicant contends that a variance granted by the Planning and Zoning
Board on November 9, 1982 to not require wheeistops for the l~nall parking that currently
exists is applicable to the parkin~ area expanaion proposed with this request. Parking lot
variances are site plan specific, therefore, technically a new variance is required. However,
this depm-tment would support an interpretation to allow the original variance to be applied
to this site plan, since the original site .plan was conceptual.
Comment 37, regarding building height in excess of the allowable 45 feet, was raised by the
applicant as well. A height exception was granted in 1982 by the Comminsion for one of
the department stores at the mall. At that time, the store name was not known; it ended
up becoming a Macy's store. This height exception for Macy's allowed the following
structures to exceed 45 feet by 20 feet: parapet, cooling tower screen and skylight peak
(dome). Macy's never completed the third floor of their store, but these structures exist.
The code specifies which types of structures are allowed to qualify for application for a
height exception. Specific citations are included, but generally they are types of mechanical
appurtenances. The applicant contends that the semi-circular, design entry feature is
similar to a mechnnical appurtenance if it will screen mechanical equipment behind it and
therefore he should be allowed to apply for a height exception. No mechanical equipment
is c~rrentiy shown on the plan. Since the Board meeting, the applicant meet with the
Forester to discuss comments 17, 19, 19A, 21, 24 and 26. The Forester recommends the
following revisions to these comments:
17.
Add the following sentence - This topic wilt be included within the Tree Management
document.
TO: Carrie Parker
-2-
May 17, 1996~.
19.
21.
24.
26.
Replace the second sentence with the following sentence - Dead Slash Pine trees shall
be included within the tree management document to cover replacement with equal
tree value. Replace the third sentence with - The following tree sPecies is
recommended for use in selecting tree substitutions for areas outside the preserve
area and subsequent amendments to the site landscape plan, accordingly.
Add to the end of the f'wst sentence - ... to select appropriate native species of
plants/trees in the preserve area. Any appropriate changes shall be made on the site
landscape plans,
Add the following sentence - The trees are clearly shown inside the preserve area,
however, they have not been counted and shown on the sheet.
Replace the second sentence only with the following three sentences - The 235 trees
shown on the plan will not all be relocated in the field, but the specific relocation
site shall be indicated, The sp~fic healthy, desirable trees for relocation will be
flagged with ribbon. Some of the trees will be mitigated in accordance with the tree
management plan.
TJH:dim
Attachments
xc: Central File
a:CCagM~PM.Mal
PLANNING AND ZONING DEPARTMENT
MEMORANDUM f 95-252
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
DESCRIPTION OF PROIECT:
Project Name:.
Applkant:
Location:
File No.:
Land Use Plan
Designation:
Zoning
Designation:
Type of Use:.
May 9, 1996
Boynton Beach Mall (Department Store F)
DeBartolo Properties Management, Inc.
Mr. Cormac C. Conahan, Esq.
801 North Congress Avenue
MSPM 96-001
Local Retail Commercial (LRC)
Community Commercial (C-3)
Retail Store
Number of
Unit~
Existing Site
Characteristics:
N/A
Site Area:
Building Area:
5~067,077 sq. ft. (116.37 acres)
1,232,817 sq. ft. (leasable)
(see Exhibit "A" - location map)
North C-16 Lake Worth Drainage District (LWDD) Canal and farther
north is the Congress Lakes PUD (existing multi-family
residential apartment units), zoned PUD and developed land
located in Palm Beach County.
South Old Boynton Road and farther south is undeveloped property,
zoned PCD, (Planned Commercial Development) and AG
(Agriculture)~
East Commercial~]evelopment, zoned C-3.
/
Wes~ Mall properS. (preserve area), zoned REC (Recreat,on)' and
develOped residential property located in Palm Beach County.
(see Exh~it "B" - e~isting site plan)
The existing site is ~ regional shopping mall with associated parking,
landscaping and ret .~ntion ponds with a detached Sears auto service
center located in tF northeast corner of the mall site.
Page 2
Boynton Beach Mall (Department Store F)
File No. MSPM 96-001
Memorandum #96-252
Proposed
Development:
(see Exhibit "C" - proposed site plan)
The Boynton Beach Mall is a development of regional impact (DRI).
A recent resolution (R96-26), approved by the City Commission on
February 20, 1996, amended the development order for the mall. In
addition to the standard codes, the mall must comply with the
additional conditions of this development order. This major site plan
modification request includes adding a 162,502 gross leasable square
foot department store, identified as Department Store F, to the
existing mall structure. A two level, above grade, detached parking
structure and revised parking and landscape improvements are
proposed with the requesL Department Store F and the parking
structure are to be located on the west side of the mall.
Concurrency: a. Traffic -
Parkln~ Facility:.
Traffic review for the proposed mall addition_~
was previously reviewed and approved as mos~
recent amendment to the DRI.
Insufficient drainage information has been
~ubmitted for the Engineering Division to certify
compliance with the DRI drainage regulations.
The Engineering Division is recommending that
this be postponed to the time of permit review.
The mall has two (2) existing, two-way driveways located on Old
Boynton Road that allow access to a two-way peripheral access aisle
that circles the outside of the mall site. There are three (3) existing
inBress/e~ress access easements located on Congress Avenue which
lead directly to the mall peripheral access aisle. The peripheral
access aisle allows traffic to circle the mall before entering the
parking facility. The proposed site changes will slightly modify the
access aisle, however, the peripheral access aisle concept will remain.
No changes are proposed to the access system.
The parking facility at the west side of the mall will be the only
vehicle use area affected by this site plan modification. A detach~.__
two level above grade parking structure housing 640 parking space~
is proposed for the center of the west side of the mall. Additional
parking will be provided on the LWDD canal right-of way that ,s
located in the northwest comer of the mall site. This will be
accomplished by culverting the canal and constructed parking on the
surface. A parking agreement is being fine-tuned between the mall
the LWDD. Based on the gross leasable area identified on the site
data found on sheet SP-1, a tOtal of 6,165 parking spaces are
required. However, due to conflict between the spaces shown on the
site plan sheet SP-1 and the Count of space~ at the s~t(~ the number o
spaces provided cannot be confirmed. It is anticipated that the
number of spaces provided at the site will meet the city's regulations.
Approv. al of a variance to the zoning code: to reduce the number of
required spaces will be required if the number of spaces provided is
not meet city regulations.
Page 3 I
Boynton Beach Mall (Department Store F)
File No. MSPM 96-001
Memorandum #96-252
Landscaping:
Following compliance with staff comments the on-site landscaping
will comply with city regulations. Compliance with staff comments
will also ensure that the preserve area is in compliance with DRI
standards and regulations.
Building and Site
Regulations:
The proposed addition is in compliance with ail C-3 building and site
regulations with the exception of the overall height. The applicant
is requesting an overall height of 54 feet 6 inches whereas the city
height limitation is 45 feet. The structure exceeding the height is not
eligible for a variance or height exception to increase the height.
Therefore, the structure must be reduced in height. The DRI allows
a maximum of 1,244,449 square feet of gross leasable floor area for
the mall site following compliance with the development regulations
and standards identified in Resolution R96-26. The submitted plans
indicate a total of 1,070,315 square feet of leasable area currently
exists at the site. A total of 1,232,817 square feet of leasable area
will be achieved by adding the 162,502 square feet of leasable area
of the proposed department store F.
Community Desiln
Plan:
!
The proposed color scheme, tan walls and a reddish brown accent
trim, is compatible with the remainder of the mall. The arched entry
feature with polished granite side styles and transom located on the
north, west and south elevations feature a unique design to the mall
design. However, it does not detract from the overall design of the
mall and helps to break up the mass of the building.
Signage~
Wall signage has not been submitted.
RECOMMENDATION;
:The Planning and Zoning Department recommends approval of this site plan request,
subject to the comments included in Exhibit D - Conditions of Approval. The TRC
recommends that the deficiencies identified in this exhibit be corrected on the set of plans
submitted for building permit.
xc: Central File
A:STREMALL.SPM
MEH:bme
EXHIBIT
II A II
,LOCATION MAP
BOYNTON BEACH MALL
DEPARTMENT STORE "F"
AG
i1
1/8 MILE~
400.'800 FEET
PC:D
~b
PIE)
RIAA ~i
R3
.(
!:13
./
EXHIBIT
I! B !1
__~
?
1' r T
SITE P!.~ ~=PROVED (subject to conditions of epproval) JANUARY 3, 1996
'!'
B '1'
/O
EXHIBIT
EXHIBIT "D"
Conditions of Approva1
Project name: Boynton Beach Mall - Department Store F
File number: MSPM 96-001
Reference:The plans consist of 21 sheets plus a 10 Da~e landscapm
report identified as 2nd Review, Major Site Plan Modification. Fil~
$ MSPM 96-001 with a March 20. 1996 Plannin~ and Zonin~ DeDartmen~
date stamp markinq
DEPARTMENTS
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments:
1. Utilities requests a meeting with
applicant and or the design Engineer
to discuss utility relocations and
permit applications to MRS.
2. The existing water system, on the mall
property, is owned and maintained by
the City of Boynton Beach. Please
remove or ~revise your note #3 on your
sheet #M-3.
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
3. Typical parking detail shows 27'
bac~,_p space, but reference is also
made to 25' width which must be
removed.
4. The ends of islands must extend out to
ends of staffs.
5. Fire lane locations are acceptable,
but must have minimum 22 foot pavement
width.
6. Need SFWMD & LWDD acceptance prior to
Engineering approval.
Chap.6,Art. IV, Sec.5A, pg.6-7
7. All landscaped areas shall be provided
with
an automatic water supply system.
Chap.7.5,2%rt. II,Sec. SB,pg.7.5-14
8. The parking area interior landscaping
shall be located in such a manner as
to divide and break up the expanse of
paving. Chap.7.5,Art. II~Sec. SG,pg.7.5-
17
9. Provide stop signs and stop bars in
a~cor'dance with the "Manual on Uniform..
Traffic control Devices"
Chap.23,Art. IIB2,pg.23-7
No more than two access aisles may be
traversed without interruption which
shall be accomplished by the Placement
of wheel stops or the installation of
a raised, continuous curb.
Chap.23,Art. IIE,pg.23-7
Page 2
Major Site Plan Modification
Boynton Beach Mall - Department Store
MSPM 96-0~1
DEPARTMENTS
I INCLUDE REJECT
11. The parking garage may require a
security system.
Chap. 23, Art. IIJ; pg. 23-9
12. It is recommended that "heavy duty"
pavement within the driving aisles of
the parking lot.
13. It is recommended that a supplemental
plate be attached below the handicap
post sign indicating the $250 fine as
a deterrent.
14. It is recommended that fire lane
pavement messages be alternated every
50 ,, with related post mounted signs
along building perimeter. Face post
mounted signs in direction of oncoming
traffic.
BUILDING DIVISION
Comments:
15. Until such time as architectural plans
are presented and an up-to-date survey
is received, technical questions with
regards to ingress and egress and
easement encroachment cannot be
determined. Plans must show that
placement of the anchor store and.
multi-story garage does not encroach
upon easements, etc.
16. The size of the plans needs to be
reduced to comply with the /
department' s record' keeping and
m~crofilm program.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comment s:
1~. There will be mitigation required for
slash pine trees which have died due
to the lack of maintenance in the
preserve area' A meeting with the
owner's representative on the preserve .
site to compare the quantity of
existing, healthy slash pine trees
with the original tree survey quantity
is needed.
18. A Tree Management Plan must be
submitted for the preserve area.
comprising 5.283 acres. This document
will address the removal of exotics
from the preserve acreage on a regular
time schedule.
Page 3
Major Site Plan Modification
Boyllton Beach Mall - Department St°re
MSPM 96-001
I~9~ Slash pine trees may have been killed
~--~ i by the lack of preserve area
I maintenance required by the DRI since
i November 16, 1982 and December 19,
19989. These dead trees will have to
be replaced with equal tree value as
part of the Tree Management Plan.
Selection of plant materials (plant
list) is as follows:
Queen palm (AR) is not native species
nor wildlife benefit; therefore,
recommend native palm trees.
Black Olive (BB) is not a native
species nor a wildlife benefit,
therefore, recommend live oak or sand
live oak.
Laurel Oak (QL) is not proper for this
soil type, therefore, recommend live
oak or sand live oak.
Pongam (PP) is not a native species
and is listed as a nuisance tree (Palm
Beach County Ord.), therefore
recommend either live oak or sand live
oak, dahoon holly, red bay.
Yellow Tabebuia (TA) is not a native
species, therefore recommend either
yellow elder geiger tree, or sweet
acacia.
Viburnum suspensum (VS) is not a
native species, therefore recommend
either Walter's viburnum, wax myrthle
or Florida Privet, Firebush, Saw
Palmetto
20. It is recommended that a wax myrthle
hedge be installed along the entire
west side of the perimeter block wall
along Javert Street.
21. Plant trees/shrubs in accordance with
Treasure Coast Regional Planning
Council letter of February 6, 1996
from Peter G. Merritt, Regional
Ecologist (for preserve area).
22. The littoral zone plantings for (4)
lakes (A~B,C,D) submitted for the
April 3, 1996 date shall be the plans
submitted to the City Building
Department for permits. The TCRPC may
make comments on these plans'which
should be included in the permit
review process.
Page 4
Major Site Plan Modificauion
Boynton Beach Mall Department Store
MSPM 96-001
23. Sheet ~ 1 of 17, the lighting standard
shown should be installed adjacent to
the preserve area in a manner not to
interfere with the flora/fauna. The
adjacent residential community has
expressed a concern about being
shielded from the glare of the
~ proposed lighting structures.
~ Sheet # 5 of 17, the total quantities j /
of existing trees on the tree survey
should be indicated on this sheet or
the landscape plan for the preserve
area. The eventual tree count for the
preserve area should be equal to or
more than this quantity of existing
(desirable) trees.
25. Sheet # 6 of 17, the page should
indicate clearly that the entire tree
preserve area perimeter will contain a
permanent chain link fence. The page
is not clear as to when the temporary
fence will be replaced with the
permanent fence. The adjacent
residential neighborhood is concerned
about people walking through the
preserve. The Tree Management Plan
should keep all debris and dumping out
of the preserve area.
26. Sheet ~ 8 of 17, the existing
ornamental trees shown for relocation
arou~ the retention ponds should be
coordiz~ted with the littoral zone
planting plans for the ponds.
The 235 trees shown to be relocated
per plan should indicate the specific
relocation sites. The existing Slash
Pine trees shown for relocation are
the only species to be placed insid9
the preserve area.
Any tree trimming specified should
meet the National Arborist Society
guidelines for "thinning', the crown or
"lifting" the lower limbs of the trees
(removal and relocation notes #5, ~6,
#7).
27. Sheet # 9 of 17, see previous comments
about "plant list" selection of
materials (comment ~ 19).
All disturbed areas within the
preserve area should not be reseeded,
unless the grass seed is a native
species to Slash Pine community.
PLANNING AND ZONING
Comments:
Page 5
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
28. Prior to issuance of a Building
Permit, the applicant shall cause the
preservation as a native habitat
preserve in perpetuity of the pine
area in the northwest quadrant of the
site by recording appropriate
Restrictive Covenants which, prior to
recording, shall be approved by the
Treasure Coast Regional Planning
Council and the City of Boynton Beach.
(Per Resolution R96-26)
29. Prior to commencing construction
activity within the parcel containing
the area to be preserved, the preserve
area shall be temporarily fenced or
otherwise delineated to prevent
construction equipment from entering
the area. (Per Resolution R96-26).
30. All Brazilian pepper, Australian pine,
and Melaleuca on the site (including
within the limits of the pine area)
shall be removed prior to issuance of
a certificate of occupancy for any new
square footage. These species shall
not be used in landscaping. (Per
Resolution R96-26).
31. A landscaped buffer along the West
boundary of the Pine Area and adjacent
to Javert Street shall be provided in
accordance with the plan attached to
the Resolution 96-26 and identified as
~Exhibit "1" to the resolution.
32. Utilizing native woody species prior
to construction and planting of
littoral zones around the existing
detention ponds, the applicant shall
prepare a management plan for the
littoral zone to be reviewed and
approved by the Treasure Coast
Regional Planning Council in
consultation with the City of Boynton
Beach and the South Florida Water
Management District. The Plan shall
include a description of the
monitoring and maintenance procedures
to be followed in order to assure the
continued viability and health of the
littoral zones. No Certificate of
Occupancy shall be issued for any
additional square footag~ constructed
until the Plan is determined to be
consistent with the Regional Plan.
The littoral zone shall be in place
prior tO the issuance of a Certificate
of Occupancy for any additional square
foQtage to be constructed. (Per
Resolution R96-26).
Page 6
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
DEPARTMENTS I iNCLUDE I REJECT
33. DrainaGe plans to be submitted shall
be designed so that under no
circumstances shall post development /
runoff volumes exceed predevelopment
runoff volumes for a storm event of
three-day duration and 25-year
frequency. (Per Resolution R96-26).
34. No buildinG permits for Gross leasable
space in excess of 1,108,000 square
feet within the Boynton Beach Mall
shall be issued until all riGht-of-way
within the project boundaries have ~
been dedicated, free and clear of all
liens and encumbrances, to the City of
Boynton Beach or Palm Beach County as
necessary and consistent with the Palm
Beach County ThorouGhfare RiGht-of.way
Protection Plan. (Per Resolution R96-
26) .
35. Prior to, or upon issuance of a~
building permit for the additional ~
square footage, the'applicant shall
pay a fair share contribution
consistent with the Fair Share Impact
Fee Ordinance applicable to the
Boynton Beach Mall proposed change.
(Per Resolution R96-26) .
/?
Page 7
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store
File No.: MSPM 96-001
36. Upon a site visit to the property to
compare the count and location of the
regular and handicapped parking spaces
to the location shown on sheets SP-1,
SP-4, 1 and 1-A of the submitted plans
it was determined that changes have
been made to the parking layout which
results in the total number of
provided spaces being less than what
is specified on the parking data. The
above-listed plan view drawings will
be required to be updated to show and
identify the accurate number of
regular and handicapped parking spaces
provided at the site to enable staff
to determine whether the provided
number of spaces meets the minimum
requirements. An accurate count and
listing of the existing and proposed
new parking space layout is required
to determine whether the appropriate
number of handicapped parking spaces
are being provided at'the site.
Modify the plans and parking data to
show the correct total number of
provided spaces. Provide a separate
listing identifying the number of
required and provided handicapped
spaces. Also show on sheet SP-l.the
location of no less than the minimum
number of handicapped parking spaces
as required by code. The total number
of req~/ired parking spaces is
i~correctly identified on sheet SP-1.
COrrect the count and data by dividing
the total gross leasable floor area by
two hundred (200). AlsO, correct the
inconsistency between the total number
of parking spaces that ~ill be
provided in the two (2) levels above
grade of the parking struCture. The
number of spaces identified in the
parking data on sheet SP-1 is 640 and
the detail draWing found on the same
sheet indicates 680 spaces. The
number of parking spaces provided
shall be no less than the total number
of parking spaces required. Approval
of a variance to the zoning code to
reduce the number of required spaces
will be required if the. number of
spaces provided is not consistent with
city regulations.
-~ Modify the building elevations found
on sheet titled "Design Elevations" to
show.a maximum building height not
exceeding the city's forty-five (45)
fee~ height limitation. [Chapter 2
Zoning, Section 6.C.3] .
3
38. On sheet SP-1, show and label the wor~
limit line./
Page 8
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Depar~menu Store F
Pile No.: MSPM 96-0~1
39. On sheet SP-1 modify the site data to
include the following information:
Separately delineate the total
square feet area of the
preservation site. This area
shall match the area that is
identified on the city zoning map
as REC as well as the area
identified on the corrected
survey prepared by O'Brien,
Sutter & O'Brien, Inc.
40. Correct the inconsistency between the
configuration of the parking structure
drawing found on sheet SP-1 and the
parking strUcture shown on the sheet
titled "Design Elevations,,. Adjust
the site data and total number of
parking spaces provided accordingly.
41. Submit drawings that show the layout
and dimensions of the columns, stairs,
walls, elevators (where applicable)
and pedestrian access for each of the
two above grade levels of the parking
structure as well as the parking
layout at grade level. Modify the
provided parking calculations
accordingly.
42. Submit elevation view drawingsof the
north, south and east sides of the
parking structure including
identifyin? the dimension ofthe
overall height of the structure. Also
identlfy all exterior materials and
their color by name, color designation
and manufacturer.
43. Show on the elevation view' drawings
the location and elevation of the
highest p~int of the roof top mounted
equipment. Ail roof top equipment
shall not be visible from a distance
of six hundred feet. Show the
required screening and identify the
material and color by name, color
designation and manufacturer
Screening shall ~ot exceed forty-five
(45) feet.
44. Submit for review conceptual floor
plan, drawings of Department Store F.
Identify the prinCipaiiuse and
ancillary uses on the floor Plan.
/?
Page 9
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
45. On the sheet titled, Tree Locations
Boynton Beach Mall - Preserve,
prepared by O'Brien, Sutter& O'Brien,
INC., identify the legal description
of the land area and the total acres.
The total acreage/area shall not be
below the area of the land identified
and zoned REC (Recreation). Where
applicable, modify the proposed
vehicle use area and adjacent
landscape strip to not encroach into
the preserve.
46. On the sheet titled Planting.Plan (L-
2), change the spacing of the coco
plum hedge from three (3) feet to two
(2) feet, center to center. Also
place a note on the plan indicating
that the spacing of landscape material
identified on the landscape plan
supersedes the quantities listed.
47. On the sheet titled, Construction
Sequencing Plan, indicate the preserve
area plantings and maintenance
completion times required by
resolution R96-26. Also add this note
to the pine preserve notes found on
the sheet titled Landscape Demolition/
Relocation/Protection Plan.
48. On the symbol legend found on sheet
titled Site Plan & Details, change the
height of the chain-link fence from
four (4) feet to six (6) feet to match
the detail drawing on the same sheet.
Also indicate that the six (6) foot
high fence is permanent.
49. Submit a city approved and executed
agreement between the subject property
owner and the Lake Worth Drainage
District (LWDD) regarding placing
parking spaces within the LWDD right-
of-way located in the northwest corner
of the mall site.
50. Amend the plans to show compliance
with the results of the parking lot
variance (PKLV 96-001) regarding the
reduction in width of back-up space
(27 feet to 25 feet) and ~ength of
parking space (18 feet to 17.25 feet)
for the two above grade levels of the
parking structure. ~lso, if the
varianCe ts approved reference on
sheet ~SP-I the above-listed f'ile
number and city commission approval
daSe.
51. It is recommended that the proposed
wall signage, that was not included
with the submittal, for the new store
be processed as a minor site plan
modification.
Page 10
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
52. Add a note to sheet SP-1 that
indicates development of the mall site
shall be consistent with the
conditions of the amended development
order that are identified in
Resolution R96-26.
53. On the elevation view drawing of the
parking structure, change the title
from east to west. Also change the
west building elevation title to east
and change the east to west.
54. For safety purposes it is recommended
that the parking spaces that are
located on the ramp of the parking
structure be omitted if the percent of
slope is greater than 10 percent.
55. A request for abandonment will be
required if the parking str~cture or
Department Store F encroach into an
easement.
56. Permit plans shall ~how compliance
with all applicable codes, ordinances
and resolutions.
ADDITIONAL CITY CO~ISSION CONDITIONS
1. To be determined.
TJH/dim
a: ComDepc .Mm~
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: St. Joseph's Episcopal Church and School
APPLICANT'S AGENT: Jerome F. Milord,
DATE OF HEARING BEFORE CITY COMMISSION: May 16, 1996
TYPE OF RELIEF SOUGHT: Conditional Use Approval for Demolition and addition of
library and art and lecutre buildin,qs
LOCATION OF PROPERTY: 3300 South Seacrest Boulevard
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.
2. The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requestec~.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "C" with the notation "Included".
4. The Applicant's application for relief is hereby
x GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
Other:
DATED:
May 31, 1996
City ~lerk
C:d;~.~
rev. 1/24/96
EXHIBIT "C"
Conditions of Approval
Project name: St. Joseph's Episcopal Church and School
File number: COUS 96-002
Reference:The plans consist of 9 sheets identified as 1st Review,
Conditional Use APproval. File # COUS 96-002 with a March 29. 1996
Planning and Zonina Department date st~m~ markina.
DEPARTMENTS I INCLUDE I REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
comments: NONE
ENGINEERING DIVISION
Comments:
1. All plans submitted for specific x
permits shall meet the city's code
requirements at time of application.
These permits include, but are not
limited to the following; site
lighting, paving, drainage, curbing,
landscaping, 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.
2. Need SFWMD & LWDD acceptance prior to x
Engineering approval.
Chap.6,Art. IV,Sec.SA,pg.6-7
3. Provide certification by developer's x
engineer that drainage plan complies
with all City codes and standards.
Chap.6,Art. IV, Sec.5A,pg.6-7 and
Chap.23,Art..IIF, pg.23-8
4. Parking lot section must conform to x
City code. Chap.6,Art. IV, Sec.10F,pg.6-
12
5. Photometrics must be approved for both x
pedestrian and parking lot lighting
before permit can be issued.
Chap.23,Art. II,Ala,pg.23-6
6. Provide a satisfactory lighting plan. x
Chap.23,Art. IIA,pg.23-6
7. Parking lot dimensions, striping, x
aisles, stalls, radii, signs,
landscaping, etc. must conform with
City codes and standards.
Chap.23,Art. II,pg.23-6
8. Provide stop signs and stop bars in x
accordance with the "Manual on Uniform
Traffic Control Devices".
Chap.23,Art. IIB2,pg.23-7
Page 2
Conditions of Approval
St. Joseph's Episcopal Church and School
COUS 96-002
DEPARTMENTS I INCLUDE I REJECT
9. Provide required fire lane markings x
and signage. Chap.23,Art. IIM,pg.23-9
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
10. For preservation purposes, indicate if x
there are any existing trees on the
site in the area of the new
construction.
PLANNING AND ZONING
Comments:
11. On Sheet C-2, Site Plan, include legal x
description, as required by the city's
Land Development Regulations, Chapter
2 - Zoning, Section ll.2.F.5d.
12. On Sheet C-2, Site Plan, indicate x
traffic flow pattern of the on-site
vehicular system, as required by the
city's Land Development Regulations,
Chapter 2 -Zoning, Section ll.2.F.5g.
13. Provide parking information for the x
entire site in a tabular form that
consists of:
-number of required parking spaces,
-number of provided parking spaces,
Include relevant calculations in
accordance with the city parking
regulations. Proposed parking should
reflect requirements of the American
Disability Act.
14. To show compliance with the city x
standards, indicate dimensions of
parking aisles and driveways.
15. Depict on the site plan the height and x
building materials of all fences and
buffer walls.
16. Clearly identify on the site plan all x
existing and new outdoor lighting
fixtures.
17. Provide enlarged sketch'of soli~ waste x
containers. Depict their dimensions,
height'and building materials of
enclosures. Provide appropriate
landscaping in accordance with the
city code.
Page 3
Conditions of Approval
St. Joseph's Episcopal Church and School
COUS 96-002
DEPARTMENTS I INCLUDE I REJECT
18. On the proposed site plan, Sheet C-2, x
insufficient data regarding site
development, as required by the Land
Development Regulations, Chapter 2 -
Zoning, Section ll.2.F.5n., is
provided. Add missing information to
comply with the above code provision.
19. Eliminate discrepancies in x
dimensioning of the proposed parking
lot along Swinton Avenue right-of-way
between correctly drawn paving plan
and the substandard layout shown on
the site plan.
20. Eliminate discrepancies regarding x
landscaping between Existing Site
Plan, Sheet C-l; Proposed Site Plan,
Sheet C-2; and Landscape Plan (not
depicted with a symbol). Eliminate
inconsistencies between planting
materials shown on all the above
sheets.
21. In a tabular summary of the proposed x
shrubs, indicate quantities for each
specie category.
22. Index sheet, Sheet C-l, contains x
incorrect list of submitted drawings.
Two of the submitted drawings are
depicted with the symbol C-1 and two
other ones with the symbol C-2.
Correct notation of symbols on each
sheet.
23. Provide information regarding use of x
northeast portion of the property. If
the use is recreational, as indicated
on the survey, draw in the layout of
recreational facilities as they
currently exist. If the area is just
landscaped; note on the plans, and
indicate locations of trees.
24. On the proposed site plan, indicate x
with an identifiable symbol the limits
of construction related to site work
such as sidewalks, new paved or
repaved areas, etc.
25. On the site plan, include a note that x
the submitted proposal meets the
expansion limits, as set ~ut in the
restrictive deed covenant of the
property for 225 students and 133
parking spaces, during us~ of the
gymnasium. If these limits are
exceeded, a new traffic study for the
site needs to be submitted before
building permit applicatiDn.
26. Permit plans shall meet a~l applicable x
city codes.
27. Provide color elevations of proposed x
library building and proposed addition
to the classroom building identified
on the proposed site plan as building
5.
Page 4
Conditions of Approval
St. Joseph's Episcopal Church and School
COUS 96-002
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
TJH/dim
a: ComDept. StJ
TO:
FROM:
DATE:
SUBJF, CT:
PLANNING AND ZONING DEP~
1V~MORANDUM NO. 96-
VT. PU~.!C HEARING
A
cc: Plan, Dev, Util
Agenda Memorandum for
May 21, 1996, City Commission Meeting
Carrie Parker
City Manager
Tambri J. Heyden
Planning and Zgning Director
May 16, 1996
St. Joseph's Episcopal Church and School - COUS 96-002
Conditional Use Approval for demolition and addition of library and art and
lecture buildin~
Please place the above-referenced item on the May 21, 1996 City Commi~ion agenda under
Public Hearing.
DESCRIPTION: Jerome F. Milord, agent for the St. Joseph's Episcopal Church and
School located at 3300 South Searrest Boulevard, zoned R-1AAB, Single-family Residential,
is requesting conditional use approval for construction of a 7,591 square foot new library,
art and lecture building, housing a preschool facility, and a 299 square foot addition to the
Classroom #5 building in place of the demolished library and lecture/art buildln~s. The
attached Planning and Zonln.o Department Memorandum No. 96-246 provides further
detnil~ regarding this request.
RECOMMENDATION: The Planning and Development Board, with 7-0 vote,
recommended approval of this request for conditional use approval, subject to the
comments fat tim attached Exhibit D and, screening of the air conditionin~ units to be
installed Ma die roof top of the new buildin~o (this is a code requirement). In addition, the
Board rec, m,,m~ded KTeeninoo of the roof top air conditioning units on the existing
~ymmLtium built last year.
TJH:dim
Attachments
xc: Central File
a:CCAgCOUS.S~J
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-246
TO:
THRU:
FROM:
DATE:
SUBJECT:
Chairman and Members
Planning and Development Board
Tambri J. Heyden
Planning and Zoning Director
Jerzy LewickL- '~ ~-
May 7, 1996
St. Joseph's Episcopal Church and School - COUS 96-002
Conditional Use Approval for demolition and addition of library and art and
lecture buildings
INTRODUCTION:
St. Joseph's Episcopal Church is an existing church containing a school On 14.68 acre:
located at 3300 South Seacrest Boulevard (see enclosed Exhibit A - location map). Jerome
F. Milord, agent for the Church, is requesting conditional use approval for the following.--~
- Removal of existing library building
4250 sq. ft.
- Removal of existing lecture/art building 2680 sq. ft.,
see enclosed Exhibit B - existing site plan. Also, proposed is the following:
- Addition of a new library,
art and lecture building
7591 sq. ft.
- Addition of a restroom facility
to the existing classroom #5
See enclosed Exhibit C - proposed site plan.
As a result of the remodeling, the total square footage of the facility will be increased
from 57,156 square feet to 58,117 square feet (increase of 961 square feet). The church
property area remains the same (14.68 acres).
The existing church and school facility is located in the R-1AAB, Single-family Residential
zoning district and was previously approved by the City Commission, incrementally as
outlined below:
Original approval - 1972
Approval of an expansion of the facility - 1988
Approval of further expansion of the facility - 1994
Approval of further expansiOn of the facility - 1995.
SURROUNDING LAND USES AND ZONING DISTRICT: (see Exhibit ~A~ - location map)
North -existing, single-family neighborhood, zoned residential R-1AAB
South - undeveloped land zoned PUD
Page 2
Planning and Zoning Department
~4emorandum No. 96-246
St. Joseph's Episcopal Church and School
East - existing single family residences and farther north Seacrest Scrub, zoned
residential R-1AA
West - existing single family residential neighborhood zoned residential R-1AAB
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2.D of the Zoning
Code contains the following standards to which conditional uses are required to conform.
Following each of these standards is the Planning and Zoning Department's evaluation of
the application as it pertains to the standards:
The Planning and Development Board and City Commission shall consider only
such conditional uses as are authorized under the terms of these zoning regulations
and, in connection therewith, may grant conditional uses absolutely or conditioned
upon the conditions including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be determined necessary for
the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section.
In evaluating an application for conditional use, the Board and Commission shall
consider the effect of the proposed use on the general health, safety and welfare
of the community and make written findings certifying that satisfactory provision
has been made concerning the following standards, where applicable:
Ingress and egress to the subject property and proposed structures thereon,
with particular reference to automobile and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or
catastrophe.
The site has two (2), two-way driveways connecting the internal vehicular
use area with the adjacent streets; one on the east with South Seacrest
Boulevard, and one on the west With Swinton Avenue.
Off-Mreet parking and loading areas where required, with particular
attention to the items in Subsection I above, and the economic, glare, noise,
and odor effects the conditional use will have on adjacent and nearby
properties, and the city as a whole.
As part of the 1988 expansion approval, a shared parking allocation was
approved. By code, the various principal uses on site would require 265
parking spaces as follows: church - 75 spaces, existing school - 24 spaces,
new classrooms - 12 spaces, parish hall - 44 spaces, fellowship hall - 44
spaces, and new gymnasium - 133. The current shared parking study was
revised to include the schedule (day and time) of rellgious and non-religious
activities and the enrollment ( limited to 225 students and 28 staff by the
deed restriction). The study indicated that the church sanctuary is primarily
used for services on Sundays and that the school operates on weekdays.
Certain other ancillary u.s~s *occur on Saturdays and we,.days, during the
daytime and evening hours.
The peak parking demand was shifted to (and continues to be) the hours of
operation of the gymnasium. SinCe there was no overlap of the gymnasium
use with other activities, staff determined that the minimum number of
parking spaces required was 133. The 133 parking spaces is the number of
spaces shown on the previous site plan modifications dated 1988 and 1994.
In 1995, 31 new parking spaces were added north of the gymnasium
building. This application does not add parking even though there is a net
Page 3
Planning and Zoning Department
Memorandum No. 96-246
St. Joseph's Episcopal Church and School
increase of 961 square feet, however since student enrollment is locked in
by deed restriction for traffic purposes and since the library and art/lecture
building will not bring in additional visitors, the previous shared parking
allocation and methodology is acceptable as previously approved.
Refuse and service areas, with particular reference to the items in
Subsection I and 2 above.
No dumpster relocation is proposed. The current location was previously
approved by the Public Works Department. No concerns regarding service
areas have been raised.
Utilities, with reference to locations, availability, and compatibility.
The Fire Department states that there is the need for a new on-site fire
hydrant to be provided. Therefore, a new water line will have to be
constructed, subject to Utility Department approval. The agent for the~
owner consents with this requirement.
Screening, buffering and landscaping with reference to type, dimensions,
and character.
No new buffering dr screening is required at this time. Existing trees
conflicting with the proposed construction will be relocated.
Signs, and proposed exterior lighting, with reference to glare, traffic safety,'
economic effect, and compatibility and harmony with adjacent and nearby
properties.
No additional signs or exterior lighting plans were submitted to the city at
the time of evaluation of this proposal. The conformance of the exterior
lightJn~ and/or signs with the city code will be determined with the permit
applkation.
Required setbacks and other open spaces.
Required setbacks and other open space requirements are met.
General compatibility with adjacent properties, and other property in the :~-'
zoning district, r
The existing facility has not generated adverse comments. The proposed
additions are not expected to change compatibility with adjacent properties.
Height of buildings and structures, with reference to compatibility and
harmony to adjacent and nearby properties, and the city as a whole.
The height of the proposed library/art and lecture building, is limited to 22' -
6 1/2~ and meets the city's height regulations of a maximum of 25 feet in
residential districts.
Page 4
Plannin$ and Zoning Department
Memorandum No. 96-246
St. Joseph's Episcopal Church and School
10.
Economic effects on adjacent and nearby properties, and the city as a
whole.
No negative economic effects are anticipated since the purpose of the
proposed construction is to replace two buildings that are existing.
11.
Conformance to the standards and requirements which apply to site plans,
as set forth in Chapter 19, Article II of the City of Boynton Beach Code of
Ordinances. [Part III Land Development Regulations Chapter 4].
Compliance of permit drawings with attached staff comments will provide
confOrmance to the above-referenced requirements.
12.
Compliance with, and abatement of nuisances and hazards in accordance
with the Performance Standards Section 4 of the zoning regulations; also,
conformance to the City of Boynton Beach Noise Control Ordinance.
No additional effect is foreseen. The Police Department indicated that there
have not been any complaints relative to the existing use.
RECOMMENDATION;
The Planning and Zoning Department recommends approval of this conditional use
request, subject to the comments included in Exhibit D - Conditions of Approval. The
Technical Review Committee recommends that the deficiencies identified in this exhibit
be corrected on the set of plans submitted for building permit.
xc: Central File
JL:bme
LO~A~ iON MAP
ST JOSEPH'S SCHOOL
ITE
NOTE
EXHIBIT
"B"
Ill
J;
KEY PLAN, SITE PLAN
AND LANDSCAPE PLAN
MILORD Company':
EXHIBIT
II C II
~ a.m. S:TtS. m
AND LANDe~-N'E
II
EXHIBIT
l! D I!
EXHIBIT "D"
Conditions of Approval
Project name: St. Joseph's Episcopal Church and School
File number: COUS 96-002
Reference:The o!a~ consist of 9 sheets identified as 1st Review.
ConditiOnal Use AnDroval. File ~ COUS 96-002 with a March 29, 1996
date stamp markina.
DEPARTMENTS I INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
1. 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.
2. Nee~SFWMD & LW-DD acceptance prior to
Engineering approval.
Cha~?6,Art. IV, Sec.5A, pg.6-7
3. Provide certification by developer's
engineer that drainage plan complies
with all City codes and standards.
Chap.6,Art. IV, Sec. SA, pg.6-7 and
Chap,23,Art. IIF, pg.23-8
4. Parking lot section must conform to /
City code. Chap.6,Art. IV, Sec.10F,pg.6-
12
5. Phot0metrics must be approved for both
pedestrian and parking lot lighting /
before permit can be issued.
Chap,23,Art.II,Ala,pg.23-6
6. Provide a satisfactory lighting plan. /
Chap.23,Art. IIA, pg.23-6'
7. Parking lot dimensions, striping,
aisles, stalls, radii, signs,
landscaping, etc. must'conform'with /
City codes and standards.
Chap,23,Art. IIypg.23-6
8. Provide stop signs and stop bars in
accordance with the "Manual on Uniform
Traffic COntrol Devices,,. /
Chap~23,A~t. IIB2,pg.23-7 I
9. Provide required fire lane markings
and signage. Chap.23,Art. IIM,pg.23-9
Page 2
Conditions of'Approval
St. Joseph's Episcopal
COUS 96-002
Church and School
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALiST
Comments:
10. For preservation purposes, indicate if
there are any existing trees on the
site in the area of the new
construction.
PLAITNINGAND ZONING
Comments:
11. On Sheet C-2, Site Plan, include legal
description, as required by the city's
Land Development Regulations, Chapter
2 - Zoning, Section ll.2.F.Sd.
12. On Sheet C-2, Site Plan, indicate
traffic flow pattern of the on-site
vehicular system, as required by the
city's Land Development Regulations,
Chapter 2 -Zoning, Section ll.2.F.5g.
13. Provide parking information for the
entire site in a tabular form that
consists of:
-number of required parking spaces,
-number of provided parking spaces,
Include relevant calculations in
accordance with the city parking
regulations. Proposed parking should
reflect requirements of the American
Disability Act.
14. To show compliance with the city
standards, indicate dimensions of
parking aisles and driveways.
15. Depict on the site plan the height and
building materials of all fences and
buffer walls.
16. Clearly identify on the site plan all
existing and new outdoor lighting
fixtures.
17. Provide enlarged sketch of solid waste
containers. De~;ict their dimensions,
height and building materials of
enclosures. Provide appropriate
landscaping in accordance with the
city code.
18. On 'the proposed site plan, Sheet C-2,
insufficient data regarding site
development, as required by the Land
Development Regulations, Chapter 2 -
Zoning, section ll.2.F.5n., is
provided. Add missing information to
comply with the above code provision.
~ag~ 3
Conditions of Approval
St. Joseph's Episcopal Church and School
COUS 96-002
DEPARTMENTs
19. Eliminate discrepancies in
dimensioning of the proposed parking
lot along Swinton Avenue right-of-way
between correctly drawn paving plan
and the substandard layout shown on
the site plan.
20. Eliminate discrepancies regarding
landscaping between Existing Site
Plan, Sheet C-l; Proposed Site Plan,
Sheet C-2; and Landscape Plan (not
depicted with a symbol). Eliminate
inconsistencies between planting
materials shown on all the above
sheets.
21. In a tabular summary of the proposed
shrubs, indicate quantities for each
)ecie cate¢ r.
22. Index sheet, Sheet C-l, contains
incorrect list of submitted drawings.
Two of the submitted drawings are
depicted with the symbol C-1 and two
other ones with the symbol C-2.
Correct notation of .symbols on each
sheet.
23. Provide information regarding use of
northeast portion of the property. If
the use is recreational, as indicated
on the survey, draw in the layout of
recreational facilities as they
currently exist. If the area is just
landscaped; note on the plans, and
indicate locations of trees.
24. On the proposed site plan, indicate
with a~ identifiable symbol the limits
of construction related to site work
such as sidewalks, new paved or
areas, etc.
25. On the site plan, include a note that
the submitted proposal meets the
expansion limits, as set out in the
restrictive deed COvenant of the
property for 225 students and 133
parking spaces, during use of the
gymnasium. If these limits are
exceeded, a new traffic study for the
site needs to be submitted before
buil~ permit )lication.
26 Permit plans shall meet all applicable
Codes.
27. PrOvide color elevations of proposed
library building and proposed addition
to the classroom building identified
on the proposed site plan as' building
5.
INCLUDE
REJECT
ADDITIONAL CITY COMMIssIoN CONDITIONS
1 To be determined.
TJH/dim
CITY OF BoYNToN BEACH
CITY COMMISSION AGENDA
APPROVAL OF BILLS
MAY 21, 1996
ABRAMSON & ASSOCIATES .................................. $10,000.00
Real Estate Adv Serv For Mm'im~ Project
Pay From Gen Fuad -- 001-194-5-499-00
MARTIN FENCE CO .......................................... $12,215.03
PO 11513. Fencing For Ball Field
Pay From Public Serv Tax Fuad -- 301-722-5-629-50
PBC SOLID WASTE AUTHORITY .............................. $ 95,370.90
4/96 Landfill Use/Street Sweeper
Pay From Saa Fu~d -- 431-341-5-490-01, $94,395.15
Pay From Gen Fund -- 001-411-5-490-01, $975.75
SCRWTD BD ................................................ $162,892.90
4/96 User Charge for Wastewater Trtmt/Disp
Pay From W & S Rev Fund -- 401-353-5-490-09
SCRWTD BD .......................... ; ...................... $15,637.50
Sink Fund - Pump Motor Replacement
Pay From Util Gert Fund -- 403-000-0-691-22
AP?~OYAL
THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE
DEPARTMENT HEADS INVOLVED.
DIANE REESE, DEPUTY FINANCE DIRECTOR
I THEREFORE RECOMMEND PAYMENT OF THESE BILLS.
CARRIE PARKER, CITY MANAGER
COiviiVilSSION
APPROVAL
HODGSON RUSS
ANDREWS
WOODS &
GOODYEARLLP
ATTORNEYS AT LAW
2000 Glades Road A/bany
Suite 400 Boc~ Raten
Boca Raton, FL 33431 Buffalo
407-394-0500 Boca ~TON New York
407-736-2177 ?AL~ ~CH Rocl~st~r
305~764~2440 B~OW~mD Miss~sauga
~:: 305-427-4303 (Toronto)
May 21, 1996
Mayor and City Commission
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Dear Mayor and City Commissioners:
RE: Boynton Beach Mall, Department Store F-MSPM 96-001
Major Site Plan Modification
We have reviewed the conditions with Kevin Hallahan
proposed for the Site Plan Modification and request the
consolidation and clarification of Condition 17, paragraph 1 of
Condition 19 and Condition 24 and replace them with the following
Condition:
As part of the Tree Management Plan the
applicant shall confirm the quantity of
presently living slash pine trees within the
Pine Preserve Area to the satisfaction of the
City Forester. All presently living slash
pines that, in the judgment of the City
Forester, cannot be reasonably saved in
conjunction with the removal of exotics from
the Pine Preserve Area shall be replaced on a
one-to-one basis with new 8 to 10 foot tall
slash pines.
If this change is made to the Site Plan Conditions, the
applicant will accept the other conditions relating to the Pine
Preserve Area. We have had other discussions with City Staff today
and we will address other issues raised with Staff at the
Commission meeting tonight.
61091
Very truly yours,
ormac C. Conahan
A Registered Limited Liability Partnership Including Professional Associations
PETITION
that the DeBartolo Corporation (owners of the
We, the residents of Pine Acres, DEMAND
Boynton Beach 1Mall) provide the following for the preservation of the 6.2 acre pine preserve that
buffers our neighborhood from the mall.
Clear out all exotic growth in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings on the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to th~ mall
Maintain the preserve, fence, wall, pathway and retention pond
Signature
Print name and Address
PETITION
ge, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the
Joynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
buffers our neighborhood from the mall.
Clear out all exotic growth in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings on the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to the' mall
Maintain the preserve, fence, wall, pathway and retention pond
PETITION
Ne, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the
Boynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
buffers our neighborhood from the mall.
Clear out al! exotic growth in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings on the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to the' mall
Maintain the preserve, fence, wall, pathway and retention pond
Signature Print name and Address '
PETITION
~-. - ~"~AND that the DeBartolo Corporation (owners of the
W~ ~e residents otme Acres, ~r~,a
BoYmon Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
buffers our neighborhood from the mall.
Clear out all exotic growth in the preserve
Replace remOVed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high ehainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings on the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to the mall
Maintain the preserve, fence, wall, pathway and retention pond
10
13.
PETi 'ION
:~ '~fe, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the
oynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
· oUffers our neighborhood from the mall.
Clear out all exotic growth in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the em~re preserve
Put native plants On the west side of the fence
Put native plantings on the west side of the wall
Clean op the retention pond
Build a pathway for the neighborhood to have walking access to the~ mall
Maintain the preserve, fence,~wall, pathway and retention pond
Signature
Print name and Address
PETITION
f 'e, the res/dents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the
. )ynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
buffers our neighborhood from the mall.
Clear out all exotic growth, in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings On the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to th~ mall
Maintain the preserve, fence, wall, pathway and retention pond
Signature
Print name and Address
12,
13.
PETITION
We, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the
i~oynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that
mffers our neighborhood from the mall.
Clear out all exotic growth in the preserve
Replace removed exotic growth with native plants
Remove all garbage
Place shielded lights in the parking lot
Place a 6' high chainlink fence around the entire preserve
Put native plants on the west side of the fence
Put native plantings on the west side of the wall
Clean up the retention pond
Build a pathway for the neighborhood to have walking access to the mall
Maintain the preserve, fence, wall, pathway and retention pond
Signature ('1[/ Print name and Address
10.
13.
PETITION AG~'INST HILLS OF LAKE EDEN
We, the undersigned residents of the i~eighborhoods of Lake Eden, oppose any change to
the development proposal known as the Hills of Lake Eden.
On February 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet under air. Further, the developer agreed that 29 lots would be
9,000 square feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to construct homes compatible with our neighborhood.
and Addresses
PETITION AGAINST HILLS OF LAKE EDEN
We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to
the development proposal known as the Hills of Lake Eden.
On February 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet under air. Further, the developer agreed that 29 lots would be
9,000 square feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to construct homes compatible with our neighborhood.
Names and Addresses
PETITION AGAINST HILLS OF LAKE EDEN
We, the undersigned residents of the neighborhoods of Lake Eden; oppose any change to
the development proposal known as the Hills of Lake Eden.
On February 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet under air. Further, the developer agreed that 29 lots would be
9,000 square feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to construct homes compatible with our neighborhood.
Names and Addresses
PETITION AGAINST HILLS OF LAKE EDEN
We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to
the development proposal known as the Hills of Lake Eden.
On February 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet under air. Further, the developer agreed that 29 lots would be
9,000 square feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to coustruct homes compatible with our neighborhood.
Names and Addresses
c
PETITION AGAINST HILLS OF LAKE EDEN
We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to
the develoPment proposal known as the Hills of Lake Eden.
On February 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet uader air. Further, the developer agreed that 29 lots would be
9,000 squard feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to construct homes compatible with our neighborhood.
Names and Addresses
PETITION AGAINST HILLS OF LAKE EDEN
We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to
the development proposal known as the Hills of Lake Eden.
On Februmy 20, 1996, the Boynton Beach City Commission approved the project. At that
time, the developer agreed that homes would be at least 2,400 square feet under air and
average 2,600 square feet under air. Further, the developer agreed that 29 lots would be
9,000 square feet and 27 lots would be 7,150 square feet.
We believe any request to alter these agreements is not appropriate as the developer
publicly committed to construct homes compatible with our neighborhood.
and Addresses
f't / t t'f
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into by and
between STONEHAVEN HOMEOWNERS~ ASSOCIATION, INC., a Florida
corporation ("Association") and BILL R. WINCHESTER ("Winchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("SCHROEDER").
WHEREAS, the parties entered into that certain Agreement dated
June 19, 1990, with respect to various matters pertaining to the
Boynton Beach Boulevard PCD, Knuth Road PCD and Tara Oaks PUD (the
"Agreement"); and
WHEREAS, the parties are desirous of modifying the Agreement
in certain respects.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions herein contained and other good and valuable
considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Agreement paragraph II.A.(3) is hereby modified to read
as follows~
"The wall shali be built as part Of the
project for the construction of~the presently
uncompleted segment of Knuth Road, running
north from the Lake Worth Drainage District L-
25 Canal to its present terminus. It is the
intention of the parties that this roadway
segment not be opened for use by the Public
until such time as the wall is constructed and
it is further contemplated that the cost of
building the wall will be included in
establishing the amount of any bond or other
security to be posted with the City of Boynton
Beach in conjunction with road construction."
2. Agreement paragraph II.A. (4) (b) shall be modified to read
as follows:
"~0nstruction of the following masonry wall
segments, which Shall' occur contemporaneously
with the construction of the wall segment
referred to in subparagraph II.A. (3) above
and: .".
3. Except as modified hereby, the Agreement remains in full
force and effect.
STONEHAVEN HOMEOWNERS
ASSOCIATION, INC.,
a Florida corporation
its: President
D~te: ~ I~ lCe~
/ ! ..
BILL R. WiNCheSTER
2