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Minutes 07-16-96
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 16, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Conrad Bratten, Ascension Lutheran Church Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Bratten offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Titcomb advised that he would like to discuss Item "J" on the Consent /~genda. Mayor Taylor suggested that he pull the item from the Consent Agenda at the appropriate time. Mayor Taylor questioned whether Mr. Garcia would be present this evening to make a p~esentation on the marina project. City Manager Parker advised that she was unable to cbntact Mr. Garcia until 5:10 p.m. today. Mr. Garcia did not plan to attend this meeting b~cause he thought the City Commission would like an opportunity to discuss his proposal Without him present. His plans include attending the next meeting. City Manager Parker advised Mr. Garcia that Mayor Taylor felt that timing was a little too far away, and that the City Commission would be willing to schedule a workshop meeting to address his proposal. Mr. Garcia agreed to attend a workshop meeting. Consensus There was a consensus of the Commission to schedule a City Commission workshop meeting for Monday, July 29, 1996, at 7:00 p.m., at a location to be determined by the City (~anager's Office. The meeting will include discussion of the items mentioned in Mr. a~rcia's letter relative to incentives and what the Commission would like to see in the ~r0ject. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Mayor Taylor suggested holding the meeting either in the Old School, the Library Program Room, or at the United Way Cente~ in Quantum Park. Discussion then ensued relative to whether or not to delete Item "A" under New Business. In Vice Mayor Jaskiewicz' opinion, a great deal of discussion is needed with Mr. Garcia. City Manager Parker recommended that the City Commissioners provide her with any specific questions so that she can relay them to Mr. Garcia and he can be prepared with answers at the workshop meeting. A decision was made to leave Item "A" on the agenda under New Business so that members of the public could offer input. 2. Adoption Commissioner Tillman moved to approve the agenda as presented. Commissioner Bradley seconded the motion which carried unanimously. Iii ADMINISTRATIVE: A. Accept resignation from Christopher DeLiso, Regular member Recreation & Parks Board Commissioner Bradley moved to accept the resignation. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. B. Appointments to be made: Appointment TO Be Made Length of Term Board Expiration Date Mayor Taylor** II Bradley** iii Jaskiewicz** Tillman** Mayor Taylor* I Titcomb* II Bradley* III Jaskiewicz* Adv. Bd. on Children & Youth Stu/Ait Community Relations Bd. Alt Code Enforcement Board Reg Code Enforcement Board Reg Nuisance Abatement Board Reg Recreation & Parks Board Reg Com Redevel.. Advisory Bd, Reg Com Redevel. Advisory Bd. Reg I yr term to 4/97 1 yr term to 4/97 Term expires 9/98 Term expires 9/96 Term expires 4/97 Term expires 4/98 Term expires 4/97 Term e~ ~res 4/97 TABLED TABLED TABLED TABLED 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Motion Vice Mayor Jaskiewicz moved to remove the tabled appointments from the table. Commissioner Tillman seconded the motion which carried unanimously. Mayor Taylor tabled his student/alternate appointment on the Advisory Board on Children and Youth. Commissioner Bradley tabled his alternate appointment on the Community Relations Board. Vice Mayor Jaskiewicz appointed Christopher DeLiso as a regular member of the Code Enforcement Board. She clarified that Mr. DeLiso resigned from the Recreation & Parks Board because he attends school on Monday nights and it conflicts with the regular meeting of that board. He would like to continue to serve the City, and Code Enforcement meets on a night when he is available. Commissioner TiIIman appointed Michael Campbell as a regular member of the Code Enforcement Board. Mayor Taylor appointed Tom Warnke as a regular member of the Nuisance Abatement Board. Commissioner Titcomb tabled his regular appointment on the Recreation and Parks Board. Commissioner Bradley appointed Daniel Richter as a regular member of the Community Redevelopment Advisory Board. Mice Mayor Jaskiewicz appointed Sy Rosenthal as a regular member of the Community Redevelopment Advisory Board. Mice Mayor Jaskiewicz requested that the alternate appointment she made to the Nuisance ~batement Board at the last meebng be w~thdrawn and be placed back on the agenda. Motion Commissioner Titcomb moved to approve the appointments as stated, and table the r~maining appointments. Commissioner Tillman seconded the motion which carried 5-0. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 III. CONSENT AGENDA Commissioner Titcomb removed Item "J" from the Consent Agenda for discussion. A. Minutes Joint City Commission/School Board Workshop Meeting Minutes of July 1, 1996 The minutes were accepted as presented. 2. Regular City Commission Meeting Minutes of July 2, 1996 T:he minutes were accepted as presented. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget Approve awarding contract for hardware supplies to various vendors ~he Tabulation Committee recommends awarding the bid to various vendors. The evaluating factors used in determining the award were based upon which vendor could supply the best quality item, and availability for delivery at the lowest price. Ali awarded vendors have been determined by the Warehouse and Purchasing to be the most responsive, responsible bidders meeting all specification requirements. C. Resolutions Proposed Resolution No. R96-97 RE: Authorize Easement Agreement between the City of Boynton Beach and Great Western Bank for new water main with Boynton Festive Center Proposed Resolution No. R96-98 RE: Authorize execution of agreement between the City of Boynton Beach and Garmong & Padgett Sales, Inc. for repair of the Kalwall roof sky units in City Hall Proposed Resolution No, R96-99 RE: Authorize the City Manager to execute a grant agreement with the State of Florida, Department of State, Division of Historical Resources in the amount of $25,000 for the replacement of 54 non-historical aluminum awning windows for the Boynton Beach Elementary School Project 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 Proposed Resolution No. R96-100 RE: Authorize execution of Joint Project Agreement between the City of Boynton Beach and the State of Florida Department of Transportation for the relocation of valve boxes and manhole covers on U.S. 1 Proposed Resolution No. R96-101 RE: Grant submittal Phase III Palm Beach County Roadway Beautification Grant North Congress Avenue Medians (4) (Miner Road North to Hypoluxo Road) Proposed Resolution No. R96-102 RE: State Department of Transportation Roadway Beautification Grant, Boynton Beach Boulevard/Federal Highway R.O.W.s Streetscapes, 1-95 East to U.S. #1/Downtown Area D. Approval of Bills A copy of the bills is attached to the original set of these minutes on file in the City Clerk's Office. E. Payment of Bills - June, 1996 A copy of the bills is attached to the original set of these minutes on file in the City Clerk's Office. Approve request from the Police Department to donate $1,000 from the Federal Forfeiture Fund to the Boy Scouts of America Police Chief Gage's memorandum dated July 2, 1996 to City Manager Parker requested authorization to donate $1,000 to the Gulf Stream Council, Inc., Boy Scouts of America. Because of the positive influence this program has on our youth, Chief Gage believes this donation would be an appropriate gesture of returning some of the funds we have seized back to the community. Approve rehabilitation of Lift Station 410 with Southeastern Pump (sole local vendor for Barnes pumps) in the amount of $7,032 Utilities Memorandum #96-215 dated June 17, 1996 from John Guidry to City Manager Parker recommends converting this station to submersible rather than retrofitting new dry- can pumps because of the costs involved. The price of $7,032 includes all necessary fittings and appurtenances necessary to accomplish this conversion. Funds are available id #421-000-0-691.21, CIPSWR62. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Approve transfer of funds from Contingency Fund to provide for professional services for Downtown Marina The City Manager's Office has requested a budget transfer dated July 1, 1996 from Account #001-194-5-911.00 (Contingency) to Account #001-194-5-462.03 (Consultant - Marina Project) to provide funding for the Marina Project. I. Approve expenditure of funds from Law Enforcement Trust Funds A memorandum from Police Chief Gage to City Manager Parker dated July 2, 1996, requests City Commission approval of a number of expenditures from the Police Forfeiture Account #691.20 which were accomplished without City Commission approval. An investigation proved that all expenditures were appropriate; however, under State Statute, Commission approval is required, or the funds must be reestablished in the account. Approve purchase of computer hardware and software, printers, attachments and installation services from Compaq Computers, Vanstar Corp. and Engineering Software Services in an amount not to exceed $36,538.79 (State Contract #250-040-96-1) This item was pulled from the Consent Agenda. See discussion and motion below. Approve purchase of fill for the Golf Course Tee Renovation Project from Cabrera and Rego Enterprises, Inc., (Term Contract for Fill Material, Bid #SB 95C-140L, with School Board of Palm Beach County) estimated cost of $8,800 Lana Koester's memorandum to City Manager Parker, dated July 10, 1996, advises that in researching, Dan Miller, Golf Course Superintendent, found Cabrera and Rego Enterprises, Inc., of West Palm Beach, Florida, to have the best price and an acceptable level of "clean" fill. Estimated usage is 2,200 tons of fill at $4.00 per ton, extending the estimated cost to $8,800. Funds are available in Account #411-000-1-476.60, Reserve for Capital Improvements. Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda with the exception of Item "J". Commissioner Bradley seconded the motion which carried 5-0. Approve purchase of computer hardware and software, printers, attachments and installation services from Compaq Computers, Vanstar Corp. and Engineering Software Services in an amount not to exceed $36,538.79 (State COntract #250-040-96-1) 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 As outlined in Dale Sugerman's July 12, 1996 memorandum to City Manager Parker, authorization is requested to purchase the following: Compaq Computer Corporation: $16,708 For computer hardware and memory upgrades for the Planning Department. $ 7,191 For computer hardware for the Recreation Department and the Facilities Management Division. Vanstar Corporation: $6,204.79 For computer hardware, printers and attachments for the Facilities Management Division, Code Enforcement Division and for the ITS Department. Engineering Software Services: $6,098.00 For installation of the Planning Department Sun System. (Note: The purchase of the Planning Department Sun system has been previously approved by the City Commission under a separate resolution.) The above outlined purchases and installation services are available through State of Florida Contract SC#250-040-96-1, and will not exceed $36,291.79. Commissioner Titcomb reported that the media has been questioning the purchase of 486 computers rather than Pentium computers by the School Board. He requested assurance from staff that we are not buying obsolescence. He realizes that older technology is purchased sometimes because it is more affordable and still able to perform the job. He q~estioned whether this is what we are doing, or whether we will have upgrade ability. Dale Sugerman, Assistant City Manager, said most of the purchases of the desktop and lalPtOp computers are of at least the 486 version. Many of them are of the 586 version inpluding the Pentium processors. The speed on those processors is as high as 133 MHz. We are buying the latest type of hardware for all of the operating departments. In addition, with the State of Florida, Compaq is discontinuing models on a regular basis. The only thing available on State contract is the most recent release. He pointed out that the most recent release ends up being less expensive than the previous release. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 Motion Commissioner Bradley moved to approve Item "J". Commissioner Titcomb seconded the motion which carried 5-0. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements Tunes in Town (TNT) July 19, 1996 5:00-8:00 P.M. Oceanfront Park (Reggae) Mayor Taylor made this announcement. Fiscal Year 1996/97 Budget Workshops - Tuesday, July 23rd; Wednesday, July 24th; Special City Commission Meeting Thursday, July 25th. All meetings start at 6:30 P.M. in the City Commission Chambers. Mayor Taylor announced these meetings. All of these meetings are open to the public. Public Review of Ocean Avenue Bridge Plans - August 6, 1996 from 3:00 to 6:00 P.M. Mayor Taylor made this announcement and invited all to review the plans that will be on display in Commission Chambers. The engineers will be present to answer questions. Presentations Presentation on Utility System Revenue Bonds by David Kaye - William R. Hough & Company David Kaye, of William R. Hough & Company, introduced Art Zit from Raymond James & Associates. He explained that this would be his third and final appearance before the Commission on this issue. He was present this evening to 3rovide a summary of the financing of these bonds. In his opinion, the City has a great deal to be proud of. The savings accumulated because of the defeasance of a portion of the 1992 Bonds and the issuance of the 1996 Bonds amounts to 6.53% The present value savings is $2,194,741. On an average annual basis, the City is paying $803,000 per years less on the Utility System Revenue Bonds than bbfore the new money issue was done. For the first five years, the City will save approximately $1.7 million per year compared to the prior debt service. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 Mayor Taylor thanked Mr. Kaye for his work and the work of William R. Hough & Company. He feels the City has benefitted greatly. Presentation by Betty Collins, Chair, Senior Advisory Board, regarding proposed Transportation Plan (buses) Betty Collins, Chairwoman of the Senior Advisory Board, advised that she would discuss the special transportation needs of seniors with misgivings and disappointment because of two insensitive and unacceptable remarks. The Visions Committee did not consider any needs of the elderly, nor did they consider transportation needs. Many seniors have had negative responses to Commissioner Bradley's comment that any buses other than Palm Tran would be detrimental to the environment. Over the past two years, the advisory board has held monthly meetings in the Civic Center with as many as 200 people attending to talk about transportation. The members listened to their suggestions, and offered suggestions to the City. However, when the routes were formed, the members had no input whatsoever. Ms. Collins wondered if seniors count in this City. She urged the Commissioners to go to the Mall, local restaurants, strip shopping center, library, and banks to see who is helping the economy of the City. She asked them to investigate to see who is volunteering at the hospitals, schools, and the library. The seniors who are volunteering to help the City while today's lifestyle has the majority of mothers in the workforce. One of the big issues facing the nation today is preparation for the retirement of the "baby boomers". Twenty-five to thirty years ago, Boynton Beach welcomed retirement communities. Many of those seniors are still here. Nine thousand residents of this City are age 75 and above. With the elderly being encouraged to remain in the home as long as possible, the City must recognize the needs of this large part of our population. The Senior Advisory Board members know the needs of the seniors. The board has taken a booth at the G.A.L.A. over the past few years to talk with seniors. They have visited condominiums and retirement centers to let the seniors know that their needs are understood, and to ask what can be done to help. The seniors have asked for a senior center. The Senior Advisory Board begged for one day when seniors could congregate to be with other seniors. It was difficult to get the seniors to the Madsen Center because of the lack of transportation. The City needs to have one employee as the help person for senior services. Towns and cities smaller than Boynton Beach have services and transportation for seniors. In research Ms. Collins has visited towns from the middle of the country to the east coast, and learned that some have shopper's specials. In a town of 4,000, there is a bus every Tuesday that takes the seniors to town to do their shopping. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 The Senior Advisory Board sponsored a Senior Day in Boynton Beach. They paid for prizes and refreshments, and provided entertainment. However, the board cannot continue to support such events without the support of the City. The present bus routes have Iow ridership. The board members presented some suggestions after investigating the routes. There has been no action on the suggestions. It is not feasible for a 75 year-old woman to use the bus for shopping at Winn-Dixie on Congress Avenue because she is dropped off at the street and has to walk through the center to the store. When the shopping is completed, she must walk to Old Boynton Road, cross the street and walk halfway up the block to wait for the bus. There are no bus shelters. Palm Tran will not meet these needs either. While the Senior Advisory Board commends the City Commission's effort to have a school for 1,800 students, they request that the needs of seniors be studied. Many of the needs of seniors can be handled at no additional cost, but with better utilization. The Senior Advisory Board requests that the City buses serve all seniors during daytime hours with the routes reaching as many seniors as possible. The concentration should be on getting seniors to grocery stores, other shopping, and the hospital. Ms. Collins asked that the Commission accept input from those who need and use public transportation. She further requested that a staff member be appointed who will have concern for seniors. With the assistance of the Senior Advisory Board, the City can be shown what areas of the City have no bus transportation at all. Seniors are a vital part of this City. Retirement communities will not go away. They have served the City well. As these seniors age, it is important to provide transportation and the services they need. Pe.q.q¥ Stranahan, 708 SW 24 Street, member of the Senior Advisory Board, said the City bus has not adequately served senior citizens since its inception. The routes and stops are not within reason and need a major overhaul. Although the flaws were called to the attention of "the powers that be", nothing has been done or changed. She feels it would have been in everyone's best interest if the City Commissioners and bus personnel rode the bus routes and analyzed the situation. Ms. Stranahan realizes that the Visions Conference was an opportunity to look at the future needs for Boynton Beach; however, that program did not include the needs of senior citizens. Younger families moving into Boynton Beach move west where housing is adequate for a growing family. The seniors living in the downtown area need public transportation for grocery shopping. Since the City bus does not enter and stop within the Publix or Winn-Dixie shopping areas, it is difficult for a senior to shop and try to get to the bus stops that are now designated. Seniors cannot carry grocery bags to the bus stops and if they could, cold and frozen food would be thawed by the time the senior got home. MS. Stranahan recommended that the bus routes be analyzed, and that various housing complexes be supplied with a bus on a particular day to shop at Publix or Winn-Dixie. This will provide the helping hand that is needed. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 In addition, Ms. Stranahan suggested that the City of Boynton Beach have a senior center. The Senior Advisory Board started a senior program last spring with one day a week (Thursday) at the Madsen Center. She feels this program should be extended to include Monday through Friday. A senior advisor should be appointed to work in conjunction with the Recreation and Park Department to run trips and conduct functions. The Mae Volen Center and the Lake Worth Center are too far away from Boynton Beach to be feasible options for our seniors. Palm Tran will not address the needs of seniors any better than the Boynton Beach Transit Authority did. Palm Tran will not be providing any individual service and, therefore, the grocery shopping needs of the seniors will not be addressed. Education with regard to the use of the bus system is needed. Bus routes should be published in the newspapers, and schedule handouts that are easy to read and understand should be made available. Having to transfer from one bus to another to arrive at a particular destination can have a devastating affect on seniors; therefore, establishing a time frame is extremely important. Ms. Stranahan pointed out that it is easy to set up routes and bus stops on paper; hOwever, the people who perform this function should take time to ensure that the system works. If the system is going to work and be a financial success, many people have to get involved. Ms. Stranahan urged the City to continue in its effort to have an adequate bus system that works for everyone. Beatrice Silverman, of 1118 Lake Terrace, explained that people with bad eyesight and hbaring problems, and those of advanced age are still driving because they have no choice. Neighbors and friends help, but there is only so much they can do. More and more people are reaching retirement age. The Visions experts missed what the rest of the country sees. She asked that the Commissioners recognize seniors' needs. R~osemarie Russo, of 1191 SW Lake Circle, commended the City's bus drivers who have served the citizens of Boynton Beach. She said they are honest and helpful. She cannot drive because of a visual handicap; therefore, she relies on the buses for transportation. The bus service gave her independence. She asked that the Commissioners consider everything that was said this evening, and remember that if some of the routes were r6routed, more people would be able to take advantage of the service. She explained that it ~akes her one hour and five minutes to get to Catalina Centre. There are many people who cannot travel for such an extended period of time. She feels it would be much more simple if the buses would travel into these centers. Lillian Neal, 2389 SW 13 Terrace, said she resides in a large retirement community and isI co-captain of the COP program which is funded by the Boynton Beach Police De, partment. This is a huge organization, and it is successful because of the seniors who volunteer their time. Many of these cit zens cannot dr ve She urged the Commission to 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 hear the pleas of the seniors. She requested that the bus service continue. When she sees the money that is spent on playgrounds, she hopes some consideration will be given to seniors. She urged the Commissioners to help the seniors. Bill Lynch, 1912 SW 16 Avenue, is President of Boynton Leisureviile Community Association. He requested that the Commission maintain the City bus service within the community because it is very beneficial to many members of the community. He pointed out, however, that the residents who benefit the most are the ones on SW 18th corridor. He suggested that the buses travel some of the other streets so that ridership will increase. He urged the Commission to maintain the service, even if it can only operate three days per week. Cathy Clarke is a real estate agent for Century 21 in Boynton Beach. She said she is constantly driving through retirement communities. Elderly people should not have to wait for a bus out in the hot weather without shelter. She suggested leasing the buses to the retirement communities. They can then plan howto use the buses to their best advantage. She feels this will help the City and increase property values. The property values of the older retirement communities have not increased in Boynton Beach. If buses are put in these retirement communities, it will enable the residents to get out and support the banks and local businesses. This would be a win-win situation. Ray Eney, 1102 Siesta Avenue, has been a member of the Senior Advisory Board for two years. The City's bus system was a help to many people, but not to the frail elderly. While he is not qualified to make recommendations on rerouting the buses, he knows there is a need for transportation to take the elderly to their medical providers and grocery stores. On an average month, Mr. Eney schedules at least 100 volunteers to drive these people to appointments. Of the 100 appointments he schedules, approximately 60 are for medical appointments, and the remaining 40 are for grocery shopping. During the two years Mr. Eney has been on the board, he has done surveys to find out what seniors really need. He checked senior centers in Boca Raton, Delray, and Lake Worth. He feels a center is needed in Boynton Beach. The time for a center has arrived. He asked that consideration be given to hiring a coordinator for senior affairs. There are many seniors who are alone. The board members try to address and fulfill their needs. Mike Friedland, 330 NE 26th Avenue, is President of Building 14 at Village Royale on the Green. He was impressed with the follow through of a sister community. He added that there is a definite need for transportation in this City. Please help us. India Mattincllv, a resident of High Point, said seniors could be three times more helpful inI the economy of the City if transportation could take the seniors to areas where they can spend their money. There are two entrances to High Point off Seacrest Boulevard. When returning from the Mall, the riders are required to cross Seacrest Boulevard. Ms. Mattingly can no longer see clearly because of a degenerative eye disease and, therefore, cannot c(oss safely. She suggested the buses enter at the south entrance of Boynton Beach 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 which would serve High Point 4, 4A, and 3, and go down South Boulevard and out the north gate. This would increase ridership. High Point has over 650 apartments. At present, about six of the residents are using Mae Volen to go to doctors' appointments and do grocery shopping on Tuesday. She urged the Commissioners to offer this type of service one or two days each week. She feels it is important for the residents to be able to spend money in order for the City to prosper. Lee Wische, 1302 SW 18 Street, feels this has been an outcry for help from the senior citizens. There are many seniors in bad health or who cannot see. Pride deters seniors from asking for the help they need. This outcry is for much needed effort by the City to do something for seniors. There are two Leisurevilles in Boynton Beach in which 6,000 people reside. The bus route goes up 18th Street through the two Leisurevilles. He questioned how this services the residents in the outlying streets. These people need help nOW. City Manager Parker advised that a workshop meeting was held a month ago with Palm Tran, the Senior Advisory Board and members of the community. There was discussion as to options the City might have. One of the options was to cut the service and rely solely on Palm Tran. The second option was to revise the service to be a neighborhood collector and shopper service. The third option was to continue the service that is presently Provided. The direction of the members of the Commission who were present was to have the Senior Advisory come back with specific suggestions. Staff was of the opinion that those suggestions would be offered at this meeting. Next year's budget continues full funding of the bus service. Staff is ready to develop shopper routes if that is the desire of the Commission. City Manager Parker advised that sbch a motion has not yet been forthcoming from the Commissioners. In addition, City Manager Parker advised that it will not be possible for the City to provide neighborhood collector service and maintain the time schedule. The turnaround time on the buses will be longer once that type of service is implemented. There was a comment made this evening about the length of time a resident spent on the bus to get to a certain destination. This will occur even more so when the bus begins going in and out of the nbighborhoods to pick up passengers that cannot get to the major collector streets. That service may have a three or four hour turnaround, or perhaps a morning and afternoon route. The City has two buses to work with. Staff will strive to devise routes according to direction from the Commission. Qommissioner Titcomb was happy to hear that the budget level has not been changed. He attended the workshop meeting and was under the impression that the Senior Advisory Bbard would be presenting information on specific routes. He feels it is necessary to redesign the system under the current budget level. With regard to the discussion about shelters, Commissioner Titcomb explained that there is a very common practice of looking td private enterprise to take up the shelter issue. During a recent trip to San Diego, he 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 learned of a very successful firm putting up shelters and recapturing their investment through ad revenues. He suggests looking at RFPs to attract private companies that might be willing to do this. In addition, Commissioner Titcomb attended Visions 20/20, and he does not believe anyone who attended looked at the process by starting from a zero base. Issues that people felt were being generally addressed did not get a lot of play at Visions. Participants looked at the things that needed to be new or different. Because this issue was not part of the final Visions document does not mean that it is not an issue or that no one cares about it. Commissioner Bradley said the Steering Committee carefully selected the participants for the Visions Conference based on demographics, age, race, business, and other criteria. The composition of the group was carefully representative of the City. Some groups have felt that their interests were not represented. Seniors were represented, and it is unfortunate if their issues did not surface. During the bus workshop meeting, Commissioner Bradley expressed his feeling that we need to move toward figuring out which neighborhoods would be particularly interested in using the buses locally. He does not feel this can happen overnight. He hopes the Neighborhood Specialist will be able to identify the neighborhoods and their associations, and talk to them so that we might be able to set up a bus schedule that will go to these neighborhoods on different days of the week. With regard to continuation of the existing bus routes and the need to promote them better, Commissioner Bradley commented that two buses traveling on the same asphalt is just duplication of service. It is important to move forward in looking at how to better utilize the bus system. He is not certain whether that means taking some of the money involved and shifting from the current service, or adding to the current service. Commissioner Bradley said he heard what the seniors said tonight. Commissioner Tillman said he was also present at the workshop meeting which centered around looking at the new routes which were being established by Palm Tran, and at the same time, trying to determine if those routes were duplicating the City's routes. The feeling was that if the routes were being duplicated, there would be a period of trial and error, and staff would look at the situation. In addition, the Senior Advisory Board offered to bring back something in terms of what they were looking for. It was made clear that the Oity, as a whole, should be included. During the budget process, it may be necessary to look at whether or not this should be made all inclusive. He feels it is necessary to look at whether these routes will increase in certain areas and improve areas that have not been in use. He suggested that staff try to determine which way the routes will go and what the vision is for our bus system. Vice Mayor Jaskiewicz congratulated the Senior Advisory Board for an exemplary job. The S~nior Advisory Board's responsibility is to identify the unmet needs of elderly residents 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 and make recommendations to the Commission as to how the needs can be met. The Commissioners did not need to be convinced about the needs of seniors, Vice Mayor Jaskiewicz does not feel staff or the Commission could have expected the board members to prepare the routes. The purpose of the workshop was to be introduced to the new routes being established by Palm Tran and to determine whether they duplicated the City's service. Vice Mayor Jaskiewicz suggested that the Senior Advisory Board members meet with the transportation department, a member of the Commission, and City staff to discuss feasible routes that would meet the needs of all of the citizens. The members are not requesting more service. They would be happy with service two or three days a week in their areas. Perhaps the current service can be decreased. Ail of the City muSt be covered to a greater extent than it is currently covered. The current service has limited ridership of people who are not able to get to a bus stop. Vice Mayor Jaskiewicz realizes that senior citizens cannot struggle a mile and a half with a sack of groceries to get to their homes after getting off a bus. This service is not meeting the needs of our citizens. Vice Mayor Jaskiewicz reported that she visited a small town of 16,000 residents in New Jersey recently which has had public transportation for many, many years. In addition, they have a "The Shopper Hopper" which is a shuttle service devoted to taking care of the needs of senior citizens. In the same town, a former restaurant/meeting hall has been converted to a senior center which has a lunch program. The City of Boynton Beach would be seriously remiss if it did not consider these needs. Vice Mayor Jaskiewicz realizes that Mae Volen is reimbursed by the State. She recommends that the City of Boynton Beach take over that service and apply for the reimbursement. City Manager Parker said she was not familiar with the program, but will investigate it. Ms. Collins said the Senior Advisory Board never felt they would be able to devise the routes for a new service. There is not an area of the City without seniors. Everyone needs help. More than 50% of the residents of this City are age 50 and over. Ms. Collins feels Boynton Beach is a great City. However, there are problems. She possesses approximately 500 surveys from seniors who ali request transportation as a basic need. Mae Volen gets a package to service the seniors of South County. The Senior Advisory Board asked Mae Volen to share their free programs, but they wanted to charge a fee. Mae Volen has sent a letter to retirement communities advising that if they want the bus, there will be a $50 per hour charge. After checking with the County and the State, Ms. Collins learned that money comes when a~ .organized senior center is present. The City of Boynton Beach has the space for a semor center. She asked that a review of the routes be done to see if there can be 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 different places served on different days. Ms. Collins knows the Commissioners understand the needs of the people and appreciates their support and consideration. Mayor Taylor said he was out of the country when the workshop meeting was held. He read the minutes of that meeting, and was also of the opinion that the Senior Advisory Board was going to propose routes to the Commission. He was surprised by that suggestion because the City has only two buses, and wondered how the members would accomplish this task. He is pleased that staff will undertake this job with input from the Senior Advisory Board. He cannot imagine how this task will be accomplished even though he understands the need. He pointed out that we may not be able to do it all because there are many communities in this City. Grocery stores are centrally located, but doctors' offices are not. In addition, the bus can go up and down side streets, but it will take hours. This is a huge problem. At present, the system has a 1~/~ hour turnaround traveling only on the main roads. Mayor Taylor wants to help, but realizes that we may have to start slowly and build from there. It may be necessary to add buses in the future. There are no plans to discontinue the City's bus service. Palm Tran will be covering all routes covered by City buses. For that reason, the City buses can be moved off those routes and used in other locations. Mayor Taylor understands the concerns that have been expressed, and offered to start with what we already have. The City will be looking for input from the residents. With regard to the reference made to the building of the playground, Mayor Taylor advised that the money was raised through hard work and solicitation, and it was built by members of the community of all ages. Boynton Beach may be somewhat behind with regard to a senior center. Many communities have individual centers that provide activities. However, there are people who do not have those facilities. The City has tried to address that need with programs at the Madsen Center. However, if the people cannot get to the Madsen Center, the programs do not do much good. This will have to be investigated. Mayor Taylor felt Commissioner Titcomb's suggestion about the shelters was a good one. Commissioner Titcomb said one of the issues that came up about the shelters is that it may be necessary to look at right-of-way issues when the time comes to install the shelters. He asked the audience members to include this topic on their association meeting agendas, and possibly bring forth proposals on pieces of land where these shelters can be located. At Commissioner Bradley's request, City Manager Parker explained that our program for shelters includes six at the present time. We only have space available for two shelters on the current routes. Some of the places where the City would like to place shelters were tqrned down by the private associations. At some of the locations, there is not sufficient p~blic space. The City did not push the installation of the shelters because it was thought that there would be major route changes. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 City Manager Parker requested clarification from the Commission in the form of a motion that they would like staff to change the direction of bus service on the fixed route to a flexible route looking at flexible days serving specific neighborhoods for shopping, doctors, medical and entertainment as opposed to the traditional bus service. The main priority the City had with the traditional bus service was to operate on a fixed short turnaround time schedule connecting with other transportation entities such as Tri-Rail. City Manager Parker further pointed out that the City's senior center is the Madsen Center. The programming is a problem at present because it is programmed almost 100% for shuffleboard and cards. This is not addressing the needs of some of the seniors. The Madsen Center is programmed five days per week for seniors, and is open to all seniors including City and County residents. Mayor Taylor questioned who makes the decision regarding the programming. Charles Frederick, Director of Recreation and Parks, said the programming at the Madsen Center iS done by the Shuffleboard Club. City staff provides assistance when requested. The City dbes offer senior programs other than what is offered at the Madsen Center. Those programs include senior dances and senior trips. Mr. Frederick feels part of the problem may be getting the word out, or transportation. The City does not have one center that serves the needs of all seniors. That would be more typical of a senior center. The Madsen Center is a shuffleboard club arrangement that was set up in the 1960s. It has a membership of approximately 400 people. Mayor Taylor suggested that the Senior Advisory Board look at the programming at the Madsen Center to see if the City is doing the right thing to meet the needs of the seniors. Mr. Frederick said that when the Madsen Center was built in the 1960s, it was set up as this shuffleboard club with the consensus of the City Commission. There are bylaws associated with this operation. They feel they have a grandfather situation. While it is p~ssible to change the programming and expand it, it would have to be done very diplomatically. Mayor Taylor pointed out that the responsibility of the Senior Advisory Board is to let the City Commission know if the needs of the City have changed. It is possible that adjustments need to be made. Mr. Frederick recommended including a representative of the shuffleboard club in any discussions on this matter. Vice Mayor Jaskiewicz recommended that there be more cohesiveness between the boards to coordinate services. City Manager Parker advised that it is the shuffleboard club t~at schedules the events at the Madsen Center. Vice Mayor Jaskiewicz was referring to the other activities mentioned by Mr. Frederick. Ms. Collins explained that transportation is a big problem. The Senior Advisory Board was happy to have one day (Thursday) at the Madsen Center where seniors could bring their Idnch and spend the day. Seniors want to be with other seniors. They don't care if nothing 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 is scheduled at times. They want a place where they can sit and talk with others. The Senior Advisory Board started this on Thursdays, but stopped the program for the summer. If the Recreation and Park Department will schedule some of their dances and music programs on Thursday, it would be a great help. It is necessary to sit down and plan together. Mayor Taylor said he is aware of the contributions that the seniors make to this community. The volunteering that they offer is unprecedented. He Said this issue will be worked on. Motion Commissioner Titcomb moved to direct staff to develop a Boynton Beach bus plan that emphasizes a shopping and Palm Tran feeder Iccp system based on community and Professional board input. Commissioner Bradley seconded the motion. Vice Mayor Jaskiewicz feels it would not be necessary to duplicate services. She feels this bus system can function better and more effectively than it is currently functioning. The motion carried 5-0. V. BIDS: None At this point, Mayor Taylor adjusted the agenda to address Public Audience. VII. PUBLIC AUDIENCE: Myra Jones, 311 NW 4th Avenue, thanked the City Commission for their support for the events associated with the anti-drug marches. There was a wonderful showing and the people from out of town enjoyed being here. She further thanked them for allowing her to be chairwoman of this anniversary celebration. She will prepare a report for the Commission. She advised that she had small gifts as tokens of thanks for the Commission's support and trust in her. In addition, she thanked the audience and other Citizens who have supported the marchers, and advised that she has certificates for anyone who attended the anniversary celebration. Mayor Taylor thanked Ms. Jones for doing a tremendous job over the weekend. He felt s;he was a good representative for the City. He encouraged the marchers to keep up the excellent work. VI. PUBLIC HEARING: 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 Attorney Cherof advised that there were a number of Public Hearing items on the agenda that are quasi-judicial proceedings. They are: Public Storage - Planning Area 1 .q. Riverwalk Shopping Center Parking Lot Variance Riverwalk Shopping Center Conditional Use Healing for the Nations Site Plan Boynton Beach Mall Height Exception He advised that anyone testifying on any of these projects would have to be sworn. He explained the proceedings, and administered the oath. Mayor Tay or d sclosed that he met with the agents for the Riverwalk Shopping Center so that they could inform him of the site plan and explain their request. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Public Storage, Inc./Planning Area 1.q Mike Carter Construction, Inc. Public Storage, Inc. Planning Area l.q. - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall COMPREHENSIVE PLAN TEXT AMENDMENT - Request to amend the Comprehensive Plan, Section l.q. of the Future Land Use Element, Section VIII - Land Use Problems and Opportunities, as it applies to property at 3000 N. Federal Highway. Tambri Heyden, Planning and Zoning Director, advised that she received a FAX this afternoon from the applicant requesting a postponement until the next meeting. MOtion Cgmm~ss~oner Titcomb moved to postpone this issue to the next meeting. Vice Mayor Ja~skiewicz seconded the motion which carried unanimously. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Riverwalk Shopping Center f.k.a. Causeway Shopping Center Michael Carey Florida Boynton Investment, Inc, - Robert Armstrong, President East side of Federal Highway and 150 feet south of Woolbright Road (1600 South Federal Highway) PARKING LOT VARIANCE - Request for three variances from the Land Development Regulations, 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 Chapter 23 - Parking Lots, Article Il: 1) Section F - Drainage, to reduce the required 2.5 inches on-site containment of storm water to .5 inches; 2) Section H.3 - Distance from streets, to reduce the required distance from the intersection of US No. 1 and Woolbright Road of the west driveway located on Woolbright Road from 180 feet to 158.5 feet; and 3) Section H.5 - Clearance at major driveways, to reduce the required distance of the interior access aisle to the west driveway on Woolbright Road from 100 feet to 25 feet and the existing middle driveway on US No. 1. from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectively). Michael Carey introduced his partner Rob Levy, and Lee Starky. the Project Engineer. He distributed a summary of his comments of the conditions which he wanted to be included as part of the record. He advised that he accepts the conditions that the Planning add Development Board recommended when they approved the project. Mr. Carey explained that the variances pertain to the site plan approval and the conditional use. The first variance is for the distance from the intersection on Woolbright Road for the first driveway entering the shopping center. It is currently 158.5' from the intersection right-of-way. The Code requires it to be 180'. The applicant is requesting a variance for that 21.5'. This is an existing entrance to the shopping center. Staff recommended that certain items be taken into account during construction in the event the variance is passed. They asked that a triangle raised median be added to direct traffic as a right-turn out only. That would create a right-turn in and right-turn out only situation. They further asked for the addition of signage to this effect, and an extension of the curb along the bank entrance to better accommodate cars coming off Woolbright Road. The second variance is for the length of the access aisles. The Code requires 100' clear when you enter the driveway before you can make a turn into the parking lot access aisles. Tt~e existing site plan configuration cannot accommodate that request in a couple of places. The applicant was able to accommodate the request in full in the main drive on W0olbright. However, they have not reached the 100' on the main entrance on US #1. Or~ the north side, it is approximately 87', and on the south side it is approximately 25'. If ihe variance is approved, staff recommended that the applicant remove the parking spaces along US #1 south of the entrance drive so that cars backing out of those spaces cahnot encumber the entering traffic and to provide an easier right turn movement through 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 the area of the drive-through. The applicant has agreed to do this if the variance is approved, and feels it is a good plan which accommodates the concern. By removing the spaces and adding landscaping, the spaces would be unencumbered. He reminded the Commissioners that he is utilizing the existing driveway locations. Mayor Taylor asked if Mr. Carey had plans to improve the back of the shopping center. Mr. Oarey responded affirmatively. The center will be repaved, the facades will be changed and upgraded, and site lighting will be increased. In addition, the applicant is removing the existing 10,000 square foot retail store which is currently set back (coin laundry and restaurant). That will free up access around the building and open up the site. Mr. Carey said there was a variance on this in 1988 or 1989 for driveway entrance locations. Commissioner Bradley asked what would prevent someone exiting the drive-through and making a U-turn to go back into the parking area. Mr. Carey said there is an intention to have a hook on the landscape islands which will be marked "No Entry". This is a one-way access only as recommended by staff. The third variance pertains to the on-site dry retention requirement. The current requirement is for 2.5" of on-site containment. The applicant is proposing .5". The applicant is meeting all other requirements of drainage. This particular requirement cannot be achieved. Mr. Carey explained that this is the containment of 2.5" over the surface of the site. This water settles out in a containment area so that the solids in it settle prior to the water flowing out into the Intracoastal Waterway. In engineering, the first parts of the drainage are the dirtiest. The applicant intends to collect the first .5". Iq addition, if the variance is approved, staff recommended that the applicant construct two s~orm water outfall pollution control devices. These devices would also catch more sediment. A maintenance contract would be provided guaranteeing that these devices would be cleaned on a regular basis. The applicant has agreed to these conditions. Mr. Carey advised that in 1988 or 1989, a variance was approved for zero inches of on-site c6ntainment, and only two control devices. CPmmissioner Bradley asked how Mr. Carey intends to collect the first .5" of water. Mr. Carey advised that catch basins are being added in the parking area that will be tied into the existing system. In addition, underground containment areas (French drains) are being added. Cpmmissioner Bradley questioned whether some of that .5" would be going down the old d(ains and directly into the Intracoastal. Mr. Carey explained that the system will be tied tc~gether. Before it goes to the Intracoastal, it will hit the two pollution control devices, in addition, 17,000 square feet of permeable surface area is being added. The new catch b¢sins are being added into grassy areas so that the water will be additionally filtered by 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 the landscape areas prior to its outfall. In addition, there is regular maintenance on the parking lot which includes sweeping. This is an important factor which is not calculated in the engineering. Commissioner Tillman understood that the purpose of the French drains is to leave the sediment on top. He wondered if they will become clogged. Mr. Carey agreed that the possibility exists; however, the parking lot should be well maintained. This site has no history of site flooding in the parking area. The parking area will be repaved, and some minor adjustments will be made to take care of areas that have been identified as problematic. There are some areas on the northeast of the site that do not drain properly. The applicant does not anticipate a problem with flooding. Mr. Carey explained that these three variance requests directly correspond to the request for the drive-through and site plan approval. Ms. Heyden advised the Commission that the previous variances that were referenced by Mr. Carey were specific to a site plan which involved minor modifications to the building. In relation to this application, those variances are no longer applicable. In exchange for denial of the variance for the driveway (closing it), it is suggested that the Commission consider a connection so that the cars coming in could turn to get to the bank Without having to go through the shopping center. This would require a variance. The City Attorney recommends readvertising that variance which could be done within ten days. Commissioner Tillman had a problem with this suggestion. Anyone entering, looking for a parking space, will back up traffic into Woolbright. Mr. Carey said it is his opinion that the two driveways provide a better plan than one driveway. The recommendation by Ms. Heyden is new to the applicant. It was not that part of the first plan review or the second comments. In addition, the site plan for this application for the restaurant is marked to indicate that it will come back separately for site review. Although the driveways will exist at that point, they are existing driveways that have been in place for almost 30 years. Closing the first driveway (closest to the bank) would r~quire the applicant to have an agreement with the owners of the bank. The applicant does not have that approval and requested that this new condition be discussed with staff w~hen the site plan for the restaurant is submitted. Trading one variance for another is not a!good plan at this time. Mayor Taylor said he drove through this site to look at the situation, and agrees that the driveway has been in place for 30 years and has not been problematic. The problem he sees is entering the last entrance off US #1 by the bank. There is nothing at that location inidicating that no left-turn is permitted. There should be a one-way sign installed. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Mr. Carey advised that he will be closing that entrance which is on his property just south of the bank's entrance on US #1. Vice Mayor Jaskiewicz does not agree with dosing the first driveway on Woolbdght Road. She feels a traffic hazard will be created. This driveway has been functioning for 30 years, and she is unaware of any traffic surveys indicating problems in that area. She believes the two driveways will result in less difficulty that having only one driveway. Commissioner Bradley disagreed with these remarks. The fact that it is under the 180' standard is critical. The standard exists for a good reason. Although the ingress/egress that is farther to the east may have the same number of cars, it is further from the intersection. Mr. Carey reiterated that this will be limited to right-turn in and right-turn out by construction of a concrete divider. There will be no left-turn outs. Commissioner Bradley still expressed strong feelings about the 180' standard. He asked if Mr. Carey would consider staff's suggestion to allow access through the outparcel to access the bank. Mayor Taylor did not have the same feelings expressed by Commissioner Bradley and staff. Commissioner Titcomb stated that he has used this shopping center often and feels it works pretty well. This is also a lead off the bridge. The bridge goes to a "T-head" on A1A. This is not a major thoroughfare other than to turn north or south. He is comfortable that the site plan for the restaurant will come in separately and if there is detection of a problem, it can be addressed at that time and restrictions can be put in place. He is very comfortable that the two driveways will alleviate problems rather than create them. Commissioner Tillman asked if it would be possible for the applicant to straighten out the turn associated with the second entrance to Wooibdght Road rather than having it swerve through the parking lot. Mr. Carey said he addressed that issue, but it was not possible to change the configuration because the grade of the bridge begins in that location on Woolbright Road. In addition, he reminded the Commissioners that he was attempting to use the existing driveways. There is no requirement for distance between driveways in Boynton Beach. At the first diiveway, the road is wider. The road narrows as you approach the second driveway. The fiist driveway is important. It will work as a reliever entrance. Once it is properly designated, landscaped and built with the dividers and curbs, it will b(~ clear to the people who use it. Overall, the improvements to the site are substantial. Commissioner Bradley agreed that Mr. Carey put together a proposal that will be a vast improvement over what currently- exists. He explained, however, that he has his personal opinions about the st~acking in this area. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 In response to a question from Vice Mayor Jaskiewicz, Ms. Heyden said the TRC recommendation is for denial of all variances. Mr. Carey reminded the Commissioners that the conditions have an added condition that if the variances are approved, other items must be accomplished. Mr. Carey is willing to accomplish those items. He feels this is a good "middle ground". MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Vice Mayor Jaskiewicz moved to grant approval of all three variances subject to staff comments #8, #9, and #10. Commissioner Tillman seconded the motion. Mayor Taylor confirmed with Ms. Heyden that this motion includes the comments made by the Planning and Development Board. Commissioner Bradley said he will vote in favor of this application, but requested that the record reflect his opposition to the issue of the distance from the intersection to the ingress/egress. The motion carried 5-0, PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Riverwalk Shopping Center f.k.a. Causeway Shopping Center Michael Carey Florida Boynton Investment, Inc.- Robert Armstrong, President East side of Federal Highway and 150 feet south of Woolbright Road (1600 South Federal Highway) CONDITIONAL USE - Request for conditional use approval to add a drive-through window to the west end of the Walgreen's drug store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square feet to the east end of the shopping center; demolish 11,061.95 square feet of floor space to replace with parking; demolish 5,000 square feet of mezzanine within the east building; and modify the existing driveways and parking layout. Michael Carey referred to the fact sheet he previously distributed (copy attached to the oiiginal copy of these minutes), and stated he agreed with its contents. He agrees to all oR the conditions that the TRC recommended with the exception of those that pertain to the 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 variances that were just granted. In addition, there were two recommendations that he did not agree with. They are: Comment #7 - This required a traffic impact analysis. Mr. Carey feels this was requested in error. Comment #21 - Staff did not know at the time which driveway was being referred to. He believes this pertains to the variance that was requested. He agrees to ali of the conditions of the Planning and Development staff except for those listed on the handout. Recommendation #24 was to reduce the width of the drive aisles from 30' between the spaces to 27'. The 30' width is a requirement of the tenant (Winn- Dixie); therefore, the applicant does not agree with Recommendation #24. Ms. Heyden advised that this is a conditional use approval because of the request for a d!ive-through window. She reminded the Commissioners of the recent amendment which was made to the Community Design Plan to allow drive-throughs on major thoroughfares subject to buffering and design considerations. Mr. Carey meets the buffering requirements and is still working on the window. A Community Design Plan appeal will be forthcoming shortly. Tihe Planning and Development Board asked that the Cabbage Palms in the six islands be replaced with Laurel Oaks. They further recommended that the pedestrian crosswalk on US #1 be relocated so that it will be south of the driveway. This will eliminate the conflict of automobiles and pedestrians. If the applicant does not want to relocate the driveway, there is a recommendation to add a pole-mounted pedestrian signal. Mr. Carey said he agreed to accomodate both comments. Mayor Taylor sees problems with this crosswalk regardless of whether it is north or south of the driveway. He pointed out that if the crosswalk is moved to the south of the traffic slgnal, there is the possibility that drivers will stop for the red light, and then proceed to drive across the crosswalk to make a right turn into the shopping center. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Eiroyn Girtman, 1920 NE I Lane, explained that there has always been good fishing b~hind this shopping center. He asked if anything can be done during the redevelopment of this center to enhance the fishing in the Intracoastal. Mayor Taylor advised that the land behind this center is not public and is not owned by the shopping center. It is privately owned. Mr. Carey explained that the landscape plan will enhance the fishing area. Oleanders and o~her plantings will be put along the perimeter of the property. He has agreed to a request 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 by the residents across the Intracoastal to plant mature material to block the current view o~ vehicles in that area. In addition, Mr. Carey advised that there is no loading area protruding from the back of the store. The loading for the trucks is semi-covered. The trucks will back up into a space that is cut out of the store. In response to Mayor Taylor's question, Mr. Carey expects to submit plans by July 25, and Winn-Dixie should be open in March. Motion Commissioner Tillman moved to approve the Riverwalk Shopping Center request for conditional use approval to add a drive-through window to the west end of the Walgreen's drug store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square feet to the east end of the shopping center; demolish 11,061.95 square feet of floor space to replace with parking; demolish 5,000 square feet of mezzanine within the east building; and modify the existing driveways and parking layout, in addition to all staff comments. Vice Mayor Jaskiewicz seconded the motion. Ms. Heyden confirmed that this motion encompasses everything necessary including the Planning and Development Board's recommendations. The motion carried unanimously. VII. PUBLIC AUDIENCE: This item was addressed earlier in the meeting prior to the Public Hearing. Will. DEVELOPMENT PLANS: A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Healing for the Nations Church Vincent Delalia Healing for the Nations Church West side of Seacrest Boulevard, approximately 335 feet north of Mission Hill Road SITE PLAN - Request for site plan approval to construct a 6,888 square foot church located on 1.006 acres. Vincent Delalla advised that this church is proposed on Seacrest Boulevard. It will seat 200 people and have 50 parking spaces. It is approximately 7,000 square feet. He accepts all of the recommendations made by staff and the Planning and Development Board. Ms. Heyden had no additional comments. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Commissioner Titcomb's concern about this project deals with the traffic problem that exists on Seacrest Boulevard. He stated that he recently saw a response to a letter that was submitted by someone who inquired about potential traffic controls at the intersection of Chapel Hill Boulevard and Seacrest Boulevard. That response was that the criteria of the trip numbers did not warrant installation of signals at that location. Commissioner Titcomb feels certain that staff confirmed that this project fails within the parameters, but he does have a concern about this traffic issue. The traffic situation is very difficult at this intersection at 7:30 in the morning. Commissioner Bradley agreed that a lot of residents have complained about the traffic on Seacrest. He questioned how many more trips we need before a signal will be installed at that intersection. Ms. Heyden advised that the number is not even close to what is required. Even with full development of this corridor, there will be no signal. When the Hills at Lake Eden project came in, it met the levels of service for Seacrest Boulevard. We can request additional study from Palm Beach County for traffic signals; however, if the end result is that the City will have to maintain them, the policy has been that we do not want to do that. If they are not absolutely necessary, the County will not maintain them. Vice Mayor Jaskiewicz believes it is unfortunate that the road narrows in this area. She suggested that we contact the County and ask them to widen it to provide better accessibility. Commissioner Bradley does not believe the number of trips will warrant the widening of that road. Mr. Delalla advised that this church will be used on Sunday morning and on Wednesday evening for Bible class. Mayor Taylor asked if Mr. Delalla would consider planning to have a traffic officer on duty for the time when the service is dismissed. Mr. Delalla said when the congregation gets to 200, they might agree to hire a traffic officer. However, at this time, it is a very small congregation. MOtion Commissioner Bradley moved approval of the "Healing for the Nations" site plan construction of a 6,888 square foot church located on 1.006 acres subject to all staff cdmments. Commissioner Tillman seconded the motion which carried unanimously. B. PROJECT NAME: APPLICANT: OWNER: LOCATION: Boynton Beach Mall - Department Store F Rodedck C. Vosper - DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership 801 North Congress Avenue 27 MEETING MINUTES R!EGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 DESCRIPTION: HEIGHT EXCEPTION - Request for a height exception for an additional 10' 6" above the 45 foot height limit to construct three building entrance archways. Mac Conahan, representing JCP Associates, advised that the applicant is requesting this height exception which was presented to the Commission at the time of site plan approval. This height exception will allow signature arches for the proposed new department store in the Mail. The Code permits the Commission to grant a height exception for structures such as domes, cupolas, and other structures and screening for necessary mechanical appurtenances. These arches will be a beautiful signature addition to the new store, and are necessary to provide protection to customers from the elements and to screen rooftop structures. The arches will not reduce air and light to the adjacent areas and they will improve the appearance and character of the Mall. They wilt not adversely affect living conditions in the neighborhood. This height exception is consistent with the Macy's height exception which was granted by the City Commission in the past. He requested consideration for approval of this request to alIow the store to establish its high image in the community. Ms: Heyden advised that the City's height limitation is 45'. The Code sets forth the structures that are allowed to be over that height limit. This is not one of those structures that have been identified. The arches will be on the west, north and south parts of the building. There will be a buffer constructed along Javert Street along with the preservation area. There is rooftop mechanical equipment, a satellite dish and the arch. The actual roof elevation is at 37.5'. There is a parapet wall that extends around the entire perimeter of the building which is 10' and is used to contain any roof drainage. Ms. Heyden agrees that we need to promote buildings with the features this building has. I~ evaluating a request for variance, however, a determination must be made relative to ~hether it is the minimal amount of variance required. Staff felt there were ways to minimize the amount of this variance, but some degree of variance is necessary. COmmissioner Titcomb said he has no problem with the architectural detail of this building, and will support the project. Vice Mayor Jaskiewicz reviewed the standards contained in the back-up material, and has n~ objection to this request. She pointed out that a precedent was set by granting other variances. She feels this is a very aesthetically-pleasing design. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 Motion Commissioner Titcomb moved approval of the height exception request for an additional 10' 6" above the 45' height limit to construct three building entrance archways. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. IX. NEW BUSINESS: A. Presentation on Downtown Marina by Mr. Edward Garcia Commissioner Tillman did not feel this was the proper time to discuss this issue since Mr. Garcia was not present. His comments need to be directed to Mr. Garda. Mice Mayor Jaskiewicz pointed out that there may be people in the audience who wish to offer input. Dan Richter, 3565 South Lake Drive, said it has been observed by a number of people and himself that Mr. Gamia has been leading the City on for a long time. Mr. Richter does not have a problem with the commercial portion of Mr. Garcia's proposal, but is opposed tO the boat storage because it does not fit in with what everyone wants on this pamel. In addition, no one knows how much more Mr. Garcia will scale down this project. If it is done in phases, Mr. Garcia could build the boat storage and run out of money, leaving no phase Ilor phase II1. Mayor Taylor advised that he contacted Mr. Garcia to ask him to move forward with a proposal. He is aware of the concerns about the boat storage; however, Mr. Garcia has agreed to the facade of that storage area blending in with all of the restaurants and shops. The look would be that of a New England style fishing village. Mayor Taylor promised that no one on the Commission would allow Mr. Garcia to build the boat storage facility and nothing else. Mike Friedland said he had a similar opinion as that expressed by Mr. Richter until a few nights ago when the Mayor made a presentation to a group of 12 people who were involved with Visions. Once he saw the artwork of the proposal, and received a better understanding of the financial reasons why this would be appropriate, he did a complete tdrnaround because it seems like a very practical way to use seven acres of land. Mr. Friedland now has an open mind. He urged Mr. Richter to come back in two weeks and see the sketches. He stated that he would fight to see that this project be done because it is current and immediate. Mayor Taylor stated that he would like to reserve his comments for the workshop meeting. H~ is in favor of this project, but was not prepared to discuss the incentives Mr. Garcia mentioned in his letter. While he cannot agree to all the incentives Mr. Garcia requested, he would like to see the City work in a partnership to get this project off the ground. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 Commissioner Bradley asked if the permits mentioned in Mr. Garcia's letter reflected his desire for the City to pay for the Federal permits that have expired. City Manager Parker believes the reference to permits relates only to City permits. Commissioner Titcomb stated that he is aware of other interested parties. He urged them to attend the workshop meeting to offer input. The Commission wants to see something go forward toward redeveloping this City. B. Consider request submitted by Pastor Terry L. Ball, Word Explosion International Ministries, to set up a gospel tent on the corner of Martin Luther King, Jr. Boulevard and 10th Avenue (202 N.W. 9th Avenue), July 19 through August 17, 1996 from 7:30 p.m. until 9:30 p.m. nightly No representative of the Word Explosion International Ministries was present. Mr. Hawkins advised that he met with Pastor Ball and asked him to put a package together. This will involve a tent with seating for approximately 100 people. Pastor Ball has secured permission from the property owner who will allow use of the vacant lot behind the E-Z Mart. The applicant will prepare the lot and erect the tent. It will be necessary for them to pass the necessary inspections for approval of this event. No City departments have looked at this request yet. The departments will have to approve the electrical connections, and tent structure, and the applicant will have to secure approvals from any other agency where necessary. They already have parking agreements from the surrounding churches to allow people to park in the church parking lots. Vice Mayor Jaskiewicz questioned whether this is the normal procedure. She was of the opinion that all approvals were in place before such a request came before the Commission. City Manager Parker advised that we have not had a gospel revival in the City. That the isthe reason for bringing it to the Commission first. Our special events procedure does not cover an event such as this. Inl response to Mayor Taylor's question, Mr. Hawkins advised that the tent will be large enough to accommodate 100 people. It will be an open tent (canopy style). The applicant isirequired to put Port-O-Lets on the site. All City inspections will be conducted. Vice Mayor Jaskiewicz referred to Mr. Hawkins' comments about the applicant securing agreements from local churches for use of their parking areas. However, only one agreement was included in the back-up material. Mr. Hawkins said there is a church fulrther west where the people will park. He believes this area will provide sufficient parking. 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Commissioner Bradley is in favor of this event, and feels it is a good reason for people to get together. Mr. Hawkins witnessed this event in Riviera Beach, and he was unaware of any problems associated with the event. Mayor TayIor questioned how the City could ensure that this event would close down at 9:30 p.m. Mr. Hawkins said the applicant understands the City's parameters. If they do not shut down and we receive complaints, we will have to send out the Police to close the event. Mr. Hawkins feels these people are responsible. They have done this in many areas around the State. ' Mayor Taylor also expressed concern that this request is for every night for one month. Mr. Hawkins said the applicant likes to allow a time span because it takes time to move in the tent and clean up the lot. Once the event begins, they assess the turn out. If it is successful, they may want to spend a few additional days. Commissioner Tillman said he received a call from Reverend Reid. He is concerned about the adverse affects relative to traffic and the length of this event. Commissioner Tillman recalled the recent request to hold a block party. When that request was submitted, it came to the Commission with staff comments. This request only includes permission from one church to allow parking. He is concerned about how this event will affect the neighbors since it is for such an extended period of time. Mr. Hawkins said that if you look at where the tent will be and where the nearest houses are, it is obvious that the neighborhood to the southwest might be directly affected by the noise. This event will take place on an isolated street. The traffic flow along the street is minimal except on Friday and Saturday nights. Mr. Hawkins pointed out that the COmmission can limit the amount of time the revival can go on. COmmissioner Tillman was disappointed that the applicant was not present to respond to the Commissioners questions about things that are not covered in the back-up material. Mir. Taylor, a resident, feels this event will be good for the City because it will assist the participants of the Wrice marches. It will make their jobs easier. He requested that the Cpmmissioners consider approving this event. Mayor Taylor pointed out that he would liked to have seen comments from the Fire and Police Departments. City Manager Parker advised that there was no time to put this out roi the department and get it back in time for this meeting. COmmissioner Bradley pointed out that it could be approved, and if there are any problems, it can be shut down. 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Mayor Taylor feels it might be appropriate to approve this event until July 31. If everything is going well, the City Manager can extend the approval for the remainder of the time requested. Commissioner Tillman said his problem with this request is that it is half done. If this group is experienced in doing this, they should have been present tonight to make a presentation. In addition, he does not want to see something put in one sector of the neighborhood that is half done and would not be put into another sector of the community. There was no technical review of this request whatsoever. Mr. Hawkins said he personally saw the setup in Riviera Beach. One comfort level he has is that the applicant said the setups are common. Mr. Hawkins said what was done in Riviera Beach appeared to be well done and without problems. Vice Mayor Jaskiewicz feels this event should be limited. Motion Vice Mayor Jaskiewicz moved to approve it for a two-week trial period with the option of the City Manager extending it for an additional two-week period if there are no adverse impacts. Commissioner Titcomb seconded the motion which carried unanimously, At this point, City Attorney Cherof requested that the Commission address Proposed Ordinance No. 096-32 only for the purpose of listening to Tony Newbold's remarks relative to this Ordinance. Mr. Newbold represents FPL, and has a pertinent comment which was already addressed with Attorney Cherof. Tony Newbold, representinq FPL, applauded staff for the work that was done in the writing of the telecommunications Ordinance. He read it and had concerns with the definition as stated in Section F. At the conclusion of the definition, it is stated that similar forms of electronic communications were also to be included as part of the governance of this Ordinance. Mr. Newbold read into this some of the possibilities that may impact FPL's existing ancillary uses of telecommunications. They have several operations throughout the network which are remotely controlled. Some of the devices that are controlled are done so by electronic signals or by the powerline carriers. In some cases, they are radio- controlled frequencies which require the placement of a small antenna on the poles for those devices. Mr. Newbold requested that the Commission consider an exemption written into the definition of the telecommunication towers that would exempt the utility's use of the elbctronic signals in its basic business. If this can be accomplished, FPL's needs would be met, and they would have no problem with the Ordinance. 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Attorney Cherof advised that he reviewed the language and found it acceptable. He pointed out that this is an example of how the business community can provide information that we do not comprehend because it is not part of our standard operations. Between first and second reading, Attorney Cherof will incorporate the language into subsection F in the definition of telecommunication towers. EXECUTIVE SESSION - Finizio v. City of Boynton Beach, et al (Case No. CL 91- 9205 AH) and Finizio v. Mayor Edward Harmening, the City of Boynton Beach, et al (Case No. CL 94-3042 AH) At 9:35 p.m., Attorney Cherof announced that the City Commission would recess to go into an Executive Session that would last approximately one hour. Attendees at the Executive Session would include the members of the City Commission, the City Manager, the City Attorney, and the City's attorney of record in the legal proceeding, Tom Sheehan. The regular City Commission meeting will resume when the Executive Session is completed, and there will be no public discussion or announcement following that Session. At 11:25 p.m., the regular City Commission meeting resumed. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O96-33 RE: Amending the previously approved PID master plan in connection with an amendment to the DRI, Quantum Park PID Attorney Cherof read Proposed Ordinance No. 096-33 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 096-33. CDmmissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O96-34 RE: Amending Internal Revenue Code for Police Pension Attorney Cherof read Proposed Ordinance No. 096-34 by title only. 33 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-34. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No, 096-35 RE: Amending Internal Revenue Code for Fire Pension Attorney Cherof read Proposed Ordinance No. 096-35 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-35. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 096-36 RE: Amending Internal Revenue Code for General Employees Pension Attorney Cherof read Proposed Ordinance No. 096-36 by tide only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No, 096-36 as read. Cbmmissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. 5. Proposed Ordinance No. O96-37 RE: Rezoning - Community Development Corporation (CDC) Attorney Cherof read Proposed Ordinance No, 096-37 by title only. 34 .................................. T ............... ! I · r MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY16,1996 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-37. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 6. Proposed Ordinance No. O96-38 RE: Development Corporation (CDC) Land Use Amendment - Community Attorney Cherof read Proposed Ordinance No. 096-38 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O96-38. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. R96-32 RE: Amending the land development regulations to provide for a restriction on the location of communication towers Attorney Cherof read Proposed Ordinance No. 096-32 by title only. Motion ViCe Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-32 on first reading. Cemmissioner Bradley seconded the motion. M,ayor Taylor r.efe~red to the third "Whereas" paragraph of the, Ordinance, and questioned w~y the M-1 Drstr~ct was not included as it was in the fourth Whereas" paragraph. Attorney Cherof advised that he revised Page 1 of the Ordinance to include the M-1 . did not receive that revision. DiStrict, and apologized that the Commissioners City Clerk Sue Kruse polled the vote. The vote was unanimous. 35 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 C. Resolutions None D. Other Xl. UNFINISHED BUSINESS: None XII. CITY MANAGER'S REPORT: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 11:30 p.m. ATTEST: C!ty Cl~k ,- ¢~ecording Secretary ~'~ ;o,.u, r99e-l-a P e s ) CITY OF BOYNT~A.~-I 1)ice Maypo/-/ / j/, ~ ,.~missioner 36 CONDITIONAL USE APPROVAL 7-16-96 RIVERWALK SHOPPING PLAZA Except for the conditions that the Planning and Development Board recommended be deleted and which are addressed as per the variance requests, the Developer accepts all 'Conditions of Approval' and will revise the design to satisfy the conditions. The comments to be deleted are summarized as follows: Variance for length of access aisle. Redesign the parking lot entrance. 12. Parking Lot LDR, requiring redesign of entrance. 20. Major driveways require 100' clear to first access aisle Variance for Driveway entrance distance from intersection of US No. L 19. Requirement that driveway be 180' from intersection. Variance for 2.5 inches of onsite containment to .5 inches of containment. 9. Drainage plan onsite containment requirement of 2.5" · in ' ' 18. Stormwater ons~te conta merit reqmremem of 2.5 29. Stormwater onsite containment requirement of 2.5" Comment number 7 requests Traffic Impact Analysis. The Chapter and Section indicated do not pertain to our requests but to rezoning. The square footage is not being increased therefore no impact analysis is required. However a signed and sealed traffic statement has been submitted as part of this application. Comment number 21 is unclear as to which driveway is being discussed. The closing of any more driveway is unnecessary and requires NCNB's approval. No change to application. Recommendation 24 requests reduction of the 30' aisles to 27'. The design meets and exceeds code and is a requirement of the tenant. No change to application. cbbI7 VARIANCE QUESTS 7-16,96 RIVERWALK SHOPPING PLAZA The Developer accepts 'Conditions of Approval' 8, 9 and 10 as recommended by the Plannhg and Development Board and ~ revise the design to satisfy these conditions. Comments 8, 9 and t0 are snmmarized as follows: & Variance for Driveway distance from interseCtion of US No. 1. Add triangular raised median Add signage Extend curbing 9. Variance for length of access aisle. Remove parking spaces Add Landscaping 10. Variance for 2.5 inches of onsite containment to .5 inches. Add 2 stormwater outfall pollution control devices. Provide maintenance contract for control devices cbblg THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER III · CONSENT AGENDA D cc: Rec, Ut,l, Fin CITY OF BOYNTON CITY COMMISSION AGENDA APPROVAL OF BILLS JULY 16, 1996 4.¸ A. GUTHRIE & ASSOCIATES INC ............................. $128,315.00 PO 11044. Lift Station Pump Replacement Pay From W & S Util Rev Fund -- 421-000-0-691-21 CH2M ~,L .................................................. $ 61,710.09 Professional Services - Task Orders #26, 27, 29, 30 Pay From Various Accounts D.H. GRl~FIN WRECK/NG CORP .............................. $ 11,407.50 Water Tank Deraolition Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 32,500.00 0.00 0.00 11,407.50 $ 21,092.50 HOLLAND & KNIGHT ...................................... . . $ 32,319.95 Marina Project Professional Services Pay From Gen Fund -- 001-194-5-462-03 P.B.C. SOLID WASTE AUHTOR1Y .............................. $ 88,119.20 Daily Use of Landfill/Street Sweeper -June 1996 Pay From San/tation Fund -- 431-341-5-490-01, $ 87,251.20 Pay From Gen fund -- 001-411-5-490-01, $868.00 SCRWTD BOARD ............................................ $159,619.38 June 1996 User Charges - wastewater treatment Pay From W & S Rev Fund -- 401-353-5-490-09 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: DEBARTOLO PROPERTIES MANAGEMENT, INC., APPLICANT'S AGENT: Roderick C. Vosper DATE OF HEARING BEFORE CITY COMMISSION: July 16, 1996 TYPE OF RELIEF SOUGHT: requested an exception to the City's 45 foot hei,qht limit for the construction of a 55' 6" (measured from the approximated average grade level, as opposed to finished floor elevation) hi,qh Department Store "F" at the Boynton Beach Mall. LOCATION OF PROPERTY: 801 N. congress Avenue, Boynton Beach DRAWING(S): SEE EXHIBIT"A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of BOynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 4. The Applicant's application for relief is hereby x GRANTED 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: July 16, 1996 City ~lerk City Atto(ney s:d~vord.frm LOCATION MAP BOYNTON BEACH MALL DEPARTMENT PID " "MOTORCILAi~ 5-[ AG !POD / RIA A DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Healin.q for the Nations Church APPLICANT'S AGENT: Vincent Delalla DATE OF HEARING BEFORE CITY COMMISSION: July 16, 1996 TYPE OF RELIEF SOUGHT: Request for site plan approval to construct a 6,888 square foot church located on 1.006 acres LOCATION OF PROPERTY: West side of Seacrest Boulevard, approximately 335 feet north of Mission Hill Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli~ant ~'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 App~cant's application for relief is hereby ~/ 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: 7. ~/~ city 6¢lerk LOCATION MAP HEALING FOR THE NATIONS CHURCH RE(= (=3 (=3 NOT cITY, EXHIBIT "C" Conditions of Approval Project name: Healing for the Nations Church File number: NWSP 96-005 Reference:The plans consist of 4 sheets identified as 2nd Review, New Site Plan. File ~ NWSP 96-005 with a June 7, 1996 Planninq and Zoninq Department date stamp markinq. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. A Reservation Fee of $790.02 is due within thirty (30) days of Commission approval, (Sec. 26-34[E]). FIRE Comments: NONE POLICE [ Comments: NONE BNGINEERING DIVISION ~ Comments: il. Revise documents to reflect all , comments. 12. 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. 3. 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, pg. 23-8 14. Parking lot section must conform to City code. Chap· 6, Art. IV, Sec. 10F, pg. 6-12 5. County and/or state permits required for construction in R.O.W. Chap. 6, Art. VII, Sec. 4B, pg. 6-24 !6. All landscaped areas shall be provided with an automatic water supply system. / Chap. 7.5, Art. II, Sec. 5B, pg. 7.5- 14 17. Provide dumpster details, including , drainage. Chap. 7.5, Art. II, Sec. 5J, i pg 7.5-18 & Chap. 9, Sec. 10C3, pg. 9- ~ 4 Page 2 New Site Plan ~ealing for the Nations Church NWSP 96-005 DEPARTMENTS I iNCLUDE IREJECT 8. Photometrics must be approved for both pedestrian and parking lot lighting before permits can be issued. Chap. V 23, Art. IIAla, pg. 23-6 9. Provide stop signs and stop bars in / accordance with the "Manual on Uniform Traffic Control Devices". Chap. 23, Art. IIB2, pg. 23-7 10. Concrete curb must conform to City standards. Chap. 23, Art. IIE, pg. 23- 7 11. Extend sidewalk continuously through ./ driveway. Chap. 23, Art. II, par. P, pg. 23-10 BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE !FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 12. The parcel on which the church is to be constructed consists of three (3) platted lots. Replat property or provide Unity of Title document prior to building permit issuance. 13. On Site Plan, Sheet 2 of 4, include all setbacks consistent with the zoning district regulations (LDR, Chapter 4, Section 7.B). 14. On Site Plan, Sheet 2 of 4, a sign is proposed east of the proposed sanctuary. Provide additional / information regarding size, lettering style, height, colors, etc., of the sign, consistent with LDR, Chapter 9, Section 10.I. It is recommended that the sign plans be approved administratively at permitting if the sign plans comply with the Community Design Plan and Sign Code. A monument sign is recommended. If sign lighting is desired, extrnal ground mounted lights are recommended. Page 3 New Site Plan Healing for the Nations Church NWSP 96-005 DEPARTMENTS I iNCLUDE IREJECT 15. On Sheet 3 of 4, Landscape Plan, provide calculations regarding proposed and existing landscape material. Include all information as required by LDR, Chapter 4, Section 7.C. In particular, indicate the amount and specifications of planting that is required by the Landscape Code. 16. On the elevation drawings, Sheet 4 of 4, depict color code and manufacturer's name of all exterior building materials (LDR, Chapter 4, Section 7.D). 17. If colored elevations of the proposed structure as required by the Land Development Regulations, Chapter 4 - Site Plan, Section D, are not submitted to the Planning and Zoning Department, prior to the Planning and Development Board meeting, it is recommended that the elevations go back before the Commission in the future for site plan approval, prior to application for permit. Attach color samples of all exterior building materials. 18. On Sheet 2 of 4, Site Plan, add to the tabular data of the project per LDR, Chapter 4, Section 7.E that contains the following: a. Net buildable land area in square feet and acres. (Net buildable land area is the area of the lot V within the required setback lines. ) b. Square footage and percentage distribution of the total site for the vehicular use areas, other paved areas and building coverage. 19. Provide details for screening of the compressor anticipated to be located on the roof, to meet the requirements of LDR, Chapter 9, Section ll.E. 20. The handicapped parking spaces located at the northarn end of the parking / aisles do not meet the dimensional standards of the city code. Modify the plans to show the handicap space in compliance with the City of Boynton Beach standard drawing B-90012. Page 4 New Site Plan Healing for the Nations Church IqWSP 96-005 DEPARTMENTS 21. Delineate the traffic lanes north of the parking aisles providing appropriate turning radii, as per the city code. It is recommended that terminal landscape islands be north of the parking aisles. 22. It is recommended that, in order to better screen the vehicular use area, extend the hedge located in the front yard of the property east, along the driveways to the east property line. 23. It is recommeneded that the direction of the lighting fixtures direct light away from the abutting residential lots and that glare shields be used to prevent glare on the adjacent right- of-way and residential lots. iADDITIONAL PLANNING AND DEVELOPMENT BOARD iCONDITIONS 24. Provide foundation landscaping along all sides of the building. 25. Provide dumpster gates. 26. Provide a tree and ground cover in all landscaped islands, including the islands referenced in comment 21. iADDITIONAL CITY COMMISSION CONDITIONS 27. To be determined. TJH/dim ADDITIONAL CONDITIONS FKOM COMMISSION MEETING 4. 5. 6. 7. 8. DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: Florida Boynton Investment, Inc., owner APPLICANT'S AGENT: Mike Carey DATE OF HEARING BEFORE CITY COMMISSION: July 16, 1996 TYPE OF RELIEF SOUGHT: three variances from the Land Development Regulations, Ct~apter 23 - Parking Lots, Article I1: 1) Section F - DrainaRe, to reduce the required 2.5 inches on-site containment of stormwater to .5 inches;; 2) Section H.3 - Distance from Streets, to reduce the required distance from the intersection of U.S No. 1 and Woolbri,qht Road of the west driveway located On Woolbright Road from 180 feet to 158.5 feet; and 3) Section H.5 - Clearance at maior driveways, to reduce the required distance of the interior access aisle to the west driveway on Woolbri,qht Road from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectively) LOCATION OF PROPERTY: approximately 150 feet east and 150 south of the southeast co!rner of Woolbri,qht Road and US No. 1 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of B°Ynton 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 ~/' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. I 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as seI forth on Exhibit "C" with the notation "Included". The Appli,~ant's application for relief is hereby _~L 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: 7. i~/j~ DATED: July 16, 1996 City~lerk C:devord.frm rev. 1/24/96 LOCATION MAP RIVERWALK SHOPPING" CENTEI~ 1/8 400.'!800 EXHIBIT "C" Conditions of Approval Project name: Riverwalk Shopping Plaza a.k.a. Causeway Square Shopping Center File number: PKLV 96-002 Reference:The plans consist of 1 sheet identified as Parkinq Lot Variance. File $ PKLV 96-002. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: 1. It is recommended that both existing driveways located on Woo!bright Road be closed and a new ingress/egress be constructed more centrally located between both existing driveways. The single new driveway would allow safer ingress/egress for east bound, west bound traffic on Woolbright Road. 2. It is recommended that the existing middle driveway on US No. 1 be closed and a new ingress/egress be constructed north of the US No. 1 pedestrian traffic signal crossing. This new ingress/egress would not conflict with the pedestrian crossing and would avoid stacking of vehicles into US No. 1. ENGINEERING DIVISION Comments: 3. Project is not in compliance with Chapter 23, Parking Lots, and specifically Section 2, Scope, page 23-1, which requires compliance "under any of the following conditions: A. When a parking lot serves an existing building(s) where said building is proposed to be enlarged or when an additional building is proposed to be constructed;" 4. The access point on Woolbright Road nearest Federal Highway is not only too close to Federal, but its geometry / does not provide required throat cleara,nce. A much better result would occur if a single entryway were provided on Woolbriqht. Page 2 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS I iNCLUDE IREJECT 5. The access point on Federal Highway in front of the Drug Store does not provide adequate clearance in the Drug Store parking lot and drive thru. To provide required throat clearance, the parking lot access to the drive thru / should be completely closed or (preferred) the driveway to Federal itself should be relocated farther north. BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 6. The applicant should have a written permit from the appropriate environmental regulatory agency(s) for storm water drainage into the Intracoastal Waterway. The agency(s) ~ may not allow the reduction in on-site containment of storm water or may require certain types of drainage filtering structures to be installed for the project. PLANNING AND ZONING Comments: 7. It is recommended that the existing middle driveway located on US No. 1 be closed and a new ingress/egress driveway be constructed approximately 85 feet north of the existing / driveway. The new driveway could V align with the proposed access aisle that is located in front of the Winn- Dixie tenant space. It is further recommended that the location of the new driveway and the signalized pedestrian cross walk across US No. 1 be coordinated. Page 3 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS I iNCLUDE IREJECT 8. If the Commission approves the variance request regarding the driveway distance and access aisle length of the west driveway located on Woolbright Road, it is recommended that a trianqular shaped raised concrete median (shaped and positioned in the driveway to divert traffic in an easterly direction), a right turn only sign and a maximum 12 foot wide exit lane be installed on-site at the driveway. These improvements will direct the vehicles in an easterly direction to minimize the left turn movement. It is further recommended that the striping proposed for the ingress side (west) of the existing driveway be omitted and replaced with a raised curb landscaped island with lawn grass. The landscape island shall extend eastward to within 12 feet of the triangular shaped concrete median which is shaped and positioned to allow eastbound ingress traffic only. The shape of the island shall also be extended southward to a point that would create a 12 foot wide access aisle opening to allow vehicles to enter the outparcel bank site. These improvements will stop westbound traffic.from entering the site at this point from US No. 1. Lengthening the distance to the bank access will minimize the stacking of vehicles onto US No. 1 due to a current hairpin turn into the bank. 9. If the Commission approves the variance request regarding the length of the access aisle located on the south side of the existing middle driveway on US No. 1, it is recommended that the eleven (11) parking spaces located adjacent to the access aisle be omitted and replaced with a maximum 12 foot wide one-way south bound access aisle. It is also recommended that the unused paved area resulting from removal of the parking spaces and reduction of the access aisle width be turned into a raised curbed landscaped area that ~.nc!u~e~ trees or palms, shrubs and ground cover. Page 4 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS I iNCLUDE I REJECT 1~. If the Commission approves the variance request regarding drainage, it is recommended that in addition to the new exfi!tration system proposed, pollution control devices be installed at the two (2) stormwater outfalls into the Intracoastal Waterway and a management plan for maintenance of the pollution control devices be approved by the Director of Development and the Director of Planning and Zoning. The pollution control devices would improve the quality of water discharged into the Intracoastal, which was identified as a pollution source problem in the 1989 Comprehensive Plan. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. To be determined. ~/~ ADDITIONAL CITY COMMISSION CONDITIONS 12. To be determined. TJ}{/dim a: ComPKLV. RIV/1 ADDITIONAL CONDITIONS FROM COMMISSION MEETING 5. DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OFBOYNTON BEACH, FLORIDA APPL CANT: RIVERWALK SHOPPING CENTER F.K.A. CAUSEWAY SHOPPING CENTER APPLICANT'S AGENT: Michael Carey DATE OF HEARING BEFORE CITY COMMISSION: July 16, 1996 TYPE OF RELIEF SOUGHT: Request for conditional use approval to add a drive-throu,qh window to the west end of the Wal,qreen's drug store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square feet to the east end of the shopping center; demolish 11,061.95 feet of floor space to replace with parking; demolish 5,000 square feet ofi mezzanine within the east building; and modify the existing driveways and parking layout. LOCATION OF PROPERTY: East side of Federal Highway and 150 feet south of Woolbri,qht Road (1600 S. Federal Highway) DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. , THIS MATTER came on to be heard before the City Commission of the City of B0ynton Beach, Florida on the date of hearing stated above. The City Commission having cdnsidered 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 nsistent with the requirements of the City's Land Development Regulations. The Applicant ,~ HAS HAS NOT tablished by substantial competent evidence a basis for the relief requested. , 3. The conditions for development requested by the Applicant, administrative st~ff, or suggested by the public and supported by substantial competent evidence are as s~t forth on Exhibit "C" with the notation "Included". 4. The Applicant's application for relief is hereby Z 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:.~ - Ci~y~,Clerk City Attorney LOCATION MAP RIVERWALK SHOPPING" CENTEF{ 11/8 MILE; 400. 1800 EXHIBIT "D" Conditions of Approval Project name: Riverwalk Shopping Plaza a.k.a. Causeway Square File number: COUS 96-003 Reference:The Dlans consist of 8 sheets identified as 2nd Review, Conditional Use ADproval. File # C©US 96-003 with a June 7, 1996 Planninq and Zonin~ Department date sramD marking. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: 1. The dumpster enclosure located at the northeast corner of Winn-Dixie'n~eds / to be reconfigured so it faces south. This will allow sanitation equipment easy access, as well as providing a much safer approach. 2. The dumpster enclosure located at the / outbuilding in the northwest corner needs to be turned more to the east to allow access by public works vehicles. UTILITIES Comments: None FIRE Comments: 3. It is recommended that the old entrances and exits from the center be redesigned pursuant to the TRC parkin9 10t variance recommendations to better serve the project. A redesign could also provide adequate "throats" at en~Nances. POLICE Comments: 4. It is recommended to change the traffic flow on the access aisle located west of the Walgreens tenant / space to one-way southbound and change V the parking layout from 90o to diagonal designed parking spaces. This design would alleviate traffic crossing in front of on-coming traffic that is enterin9 the drive-through lanes. 5. It is recommended that the existing south driveway located on US No. 1 be widened ~o allow large inbound delivery vehicles to access the site without conflicting with vehicles exiting the site. An alternative is to change the traffic flow at the driveway and along the rear of the south building to one-way westbound. ENGINEERING DIVISION Comments: Page 3 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 19. Parking lot driveways must be 180 feet from intersection of right-of-way lines except at local streets. Chap. 23, Art. 1!, para. H3, pg. 23-8 20. Major driveways must have 100' clear to first access aisle. Chap. 23, Art. IIH5, pg. 23-9 21. Close access to "First Federal S & L Bank". Chap. 23, Art. II, I(2), pg. 23-9 22. Provide required fire lane markings and signage. Chap. 23, Art. IIM, pg. 23-9 23. Demolition permit will be required. SBC 103.1.1, pg. 24. It is recommended that the width of the three east/west aisles west of the proposed Winn Dixie store be reduced from 30' to 27' Reduce the width of the aisle in front of Walgreens from 30' to 24'. Use the surplus width to create two or three pedestrian paths between the wheel stops for a safe access path from the parking lot to the Winn Dixie store. 25. Provide engineer's certification that the seawall is structurally sound and needs no repair. 26. It is recommended that "Right Turn Only" markings be installed on the Woolbright outer lane from U.S. No. 1 to the first driveway subject to County approval. 27. It is recommended removing the three parking stalls next to the striped pedestrian path from the "Major 3" building to Winn-Dixie and align the path with the existing sidewalk. BUILDING DIVISION Comments: 28. After reviewing the plans for the subject project, Building Division's first review comments on signs still remain. The size of the sign shall include the square footage within the border and must be shown on the plans for approval. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: Page 5 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 33. Modify the site plan and landscape plan at the following interior property line locations to show a continuous landscape strip that is a minimum of 2.5 feet wide. Also specify and show on the landscape plan that within the landscape strip there is a continuous hedge that contains hedge material that is spaced a maximum of 2 foot on center and at time of installation the plants are 18 inches tall: i. south property line between the west end of the existing hedge on the abutting property to the south and the .landscape area west of the dumpster area located along the south property line (Note: The dumpster is located within an easement, relocate the structure) and ii. the southeast corner of the site east of Local Retail "A". 34. The applicant has requested to use the existing hedge on the adjacent property to satisfy the on-site abutting property perimeter landscape requirement. The request is for two areas as noted on the site plan and landscape plan. One area is along the south property line starting at the southwest corner of the site and extending east approximately 315 feet. The other area is the interior property line where the subject site abuts the south and east sides'of the adjacent bank property located at the corner of US#I and Woolbright Road. The city forester made a field inspection of these areas and has indicated that the existing landscape area and hedges are acceptable with the exception of some openings in the hedge along the north property line of the site that is adjacent to the south property line of the subject property. In order for the applicant to receive credit for existing landscape areas located on the adjacent site the missing plants shall be installed. The applicant shall indicate on the site plan and landscape plan what will be done to enable the'nonconforming area to meet the landscape strip and landscape material requirements. Page 7 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 40. Add to the site plan a legend that identifies the non-labeled symbols depicted on the site plan. If there are site lighting poles located with the parking areas, show, identify and dimension the size of the pole base. The base of a site lighting pole is the only structure that may encroach into a parking space. The number of encroachments allowed per parking space is one (1) and shall be located in the front corner of a space. The plan view shape of the encroachment is a triangular area. The maximum size of the triangular area shall not / exceed a triangle with a base and V height of more than one (1) foot. Remove all other ~n~roachments, such as trees. It is recommended that the~1 ,v~- ~ landscape areas, shown on the landscape plan, that include a tree and encroach into a parking space be moved to the areas identified as basket corrals. 41. Show and identify on the site plan a symbol that represents the location of the curbing required to protect the landscaping. The location and type of curbing shall comply with city codes and standards. 42. Modify the plans to show compliance with the final determination of the parking lot variance, file number PKLV 96-002, regarding the distance an on- site access aisle is located from the right-of-way line at the west major driveway on Woolbright Road and the north major driveway on US#1. Also indicate with a note the file number (PKLV 96-002) and the date the City Commission made the final determination. 43. Add to the site plan a typical striping detail drawing showing the regular and handicapped parking space V striping in compliance with the city's standard drawing B-90012. Page 9 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 47. The following sign criteria is recommended for the site {this criteria has been established consistent with the community design plan regulations). i. Color - Color of the sign faces for all signs shall be limited to white, black, bronze and red. ii. Style of the signage - The style of signage for all signs shall be limited to channel letters. iii. Style of lettering ~ The style of all lettering shall be limited to and match the style depicted on the submitted drawings. Nationally registered copy is also allowed with written verification of national registration. iv. Non-word depictions - Non-word / depictions incorporated within the signage or separately shall be limited to 20% of the area of the sign. The style of the non- word depicted signage shall be incorporated into a box sign. v. Location of site and wall signage - The location of the signage shall comply with the regulations specified in the sign code and community design plan. vi. Size of site and wall signage - The maximum overall vertical height of all signage comprised of a single line of copy or multiple lines of copy shall not exceed 5' 6". This overall height includes the height of non-word depiction signage. vii. Illumination - All signage, including non-word depiction signage, shall be internally illuminated. viii. Trim cap and returns - It is recommended that the trim cap and returns of all signs match. Specify on the plan the color of the trim cap and returns. ix. Color of mounting fixtures - It is recommended that the color of the mounting hardware match the color of the wall or surface the sign is mounted on. Page 11 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 52. Identify on the site plan and landscape plan the location, size and type of easement of record and the new easements proposed for the site. Please note that trees are not allowed \ / within an easement. Amend the landscape plan accordingly. 53. Show and dimension on the landscape plan a line-of-sight triangle on the north side of the south ingress/egress V located on US No.1. 54. Add to the site plan symbols, notes . . and dimensions that identify the location and width of the proposed / sidewalks leading to the building from the adjacent right.-of-way and sidewalks at the outparcel building. 55. An abandonment and relocation of the utility easement located in the northeast corner of the proposed future expansion of the Winn-Dixie tenant space will be required prior to a permit being issued to add building square footage in this area. 56. Prior to construction of the drive- through lane and window, permit plans shall be modified to comply with Ordinance 96-31 (current regulation for drive-up or walk-up windows) or a complete appeal application for relief from the community design plan shall be filed and approved by the Commission. 57. Show and specify on the landscape plan, hedges (18 inches tall and 2 foot on center) on the subject site along the west and north property lines of the land identified as N.I.C. that is abutting the southeast corner of the subject site. Also show and dimension the 2.5 foot wide landscape strip that is part of the required landscaping. 58. Modify landscape note number 6 as follows: "If quantities differ between the plan and material schedule, the~spacing specifications identified on the plan skaii governs. Requests to change the location of material, planting specifications and/or species of landscape material shall be processed by filing the proper permit application with amended landscape documents to the Building Division of the Development Department.,, Page 13 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPARTMENTS I iNCLUDE I REJECT 61. Vehicles that deliver goods to the loading areas located at the rear of Winn-Dixie are semi-tractor trailers, with an average length of 55 feet. However, the city standard for loading spaces is only 35 feet long. Therefore, it is recommended that both loading areas be redesigned to reflect a loading area that is large enough to accommodate a semi-tractor trailer backed up to each of the two loading docks without reducing the back-up space and/or access aisle of the traffic flow in the area below minimum standards. 62. Clarify the footprint of the building at the rear of the· Winn-Dixie space, with respect to location of 1st floor, mezzanine and loading area. The solid lines found on the site plan make it difficult to identify the layout of the rear of the tenant space. Amend the site data accordingly. 63. As indicated on the plans, the configuration of the site plan submitted does not match the submitted floor plan for the east portion of the Winn-Dixie tenant space. Amend the plans accordingly. 64. Prior to building permit approval, submit a completed and Palm Beach Cou~ty recorded unity of title that sho~ joining of the two (2) existing properties that comprise the site. Unity of title forms are available in the Building Division of the Development Department. 65. To ensure that vehicles park correctly in the diagonal parking spaces located at the rear of the south building, it / is recommended that a landscape island be shown on the plans at both ends of the diagonal spaces located at the rear of "Major 3" and at the north end of the diagonal parking spaces located at the rear of Winn-Dixie tenant space. See also comment number 71. 66. Remove from the site plaD and landscape plan the text and building footprint shown on the abutting property that is located in the northeast corner of both plans. The land is not included with the current submittal and is currently vacant land. Development on this abutting property will require a separate site plan review application. Page 15 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPARTMENTS 70. It is recommended that the photometric plan provide for shields to prevent glare onto adjacent properties and rights-of-way. 71. It is recommended that additional trees or palms be added to the landscape islands located north of Major 3 and Retail C, and in the sodded areas east of the outbuilding. 72. It is recommended that if the landscaping shown on the plans within the US No.1 right-of-way is not needed as a result of the proposed milling and resurfacing of US No.1 that the material be placed along the approach to the Woolbright Rdad bridge over the Intracoastal. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 73. Delete Comment 3. 74. Delete Comment 7. 75. Delete Comment 9. 76. Delete Comment 12. 77. Delete Comment 18. 78. Delete Comment 19. 79. Delete Comment 20. 80. Delete Comment 21. 81. Delete Comment 24. 82. Delete Comment 29. 83. Instead of Cabbage/Sabal Palms, install Laurel Oaks in the six (6) interior islands referenced in comment 40. 84. The pedestrian crosswalk within Federal Highway shall be relocated south of the north project driveway on Federal Highway. If this is not permitted by FDOT then a pedestrian signal shall be installed at the north driveway on Federal Highway. ADDi'£IONAL CITY COMMISSION CONDITIONS 85. To be determined. TJ-H/dim a: ComDCOUS. Riv/2