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Minutes 09-17-96MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 17, 1996 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 A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:39 p.m. The invocation was offered by Rev. TiCklin. The Pledge of Allegiance to the Flag was led by Commissioner Titcomb. D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Jaskiewicz added Item IX.B.2 (Elimination of Swale Parking). Mayor Taylor added Item IX.A.2 (Responses to Advisory Board Minutes), and Item IX.A.3 (City Manager's Evaluation). 2. Adoption Motion Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Bradley seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Appointments to be Made Appointment to be Made Length of Term Board Expiration Date Titcomb** Titcomb** Adv Brd on Children & Youth Community Relations Board Stu/AIt 1 yr term to 4/97 TABLED Alt 1 yr term to 4/97 TABLED ~should ]read~ "Rev. ThJ_ckl~.n"' MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Il Bradley** Il Bradley** Cemetery Board Advisory Board on Children & Youth Reg Term expires 4/98 TABLED Reg Term expires 4/97 TABLED All appointments were left on the table. III, CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of September 4, 1996 NO additions, deletions, or corrections were made to these minutes. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award bid for Micrographic Services to American Micrographics Company, Inc. in the amount of $15,000.00 Three bids were submitted. The Tabulation Committee recommended awarding this bid to American Micrographics Company, Inc. of Orlando, Florida, the lowest, most responsive, responsible bidder who met all specifications. American Micrographics Company, Inc. has also done microfilming work for the Building Division in the past and they found it to be good quality. C. Resolutions Proposed Resolution No. R96-138 Re: Authorize purchase of two (2) parcels of real property to be purchased pursuant to the City's Infill Construction Program Proposed Resolution No. R96-139 Re: Authorize execution of contract with Dr. James Denson Godwin, M.D. to serve as the City's Medical Director for Emergency Medical Services Ci!y Manager Parker pointed out a typographical error in this resolution. The annual salary proposed for the year is $21,000.00. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 m Proposed Resolution No. R96-140 Re: Authorize execution and acceptance of COPS MORE Grant from the U.S. Department of Justice Proposed Resolution No. R96-141 Re: Authorize execution of agreement between the City of Boynton Beach and the Child Care Resource and Referral, Inc. for "Substitutes on Stand-By" for the Rolling Green Latchkey Program D. Approval of Bills A list of these bills is attached to the minutes on file in the City Clerk's Office. E. Payment of Bills - August 1996 A list of these bills is attached to the minutes on file in the City Clerk's Office. Authorize Ernst & Young LLP to perform arbitrage rebate calculations on four bond issues The calculations will be done on the following bond issues: 1990 Utility Revenue Bonds -$33,434,415 1992 General Obligation Bonds - $10,075,000 1992 Utility Revenue Bonds - $60,255,000 1993 Public Service Tax Refunding Bonds - $20,600,000 Approve records disposition request submitted by the Purchasing Department and approved by the State This request has been approved by the State. Approve replacement of VAC/CON Sewer Cleaning Machine for the Stormwater Division (Piggy back of City of Cocoa Beach) This item is detailed in Utilities Memorandum No. 96-286. 3 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Approve asphalt resurfacing of Lake Street by Carr Driveways, Inc. in an amount not to exceed $5,000.00 This item is detailed in Utilities Memorandum No. 96-285. Motion Commissioner Titcomb moved to approve the Consent Agenda. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements City Commission/Civil Service Board Workshop - September 18, 1996 - 6:30 p.m. - Library Program Room Mayor Taylor made this announcement. Tunes in Town - September 27, 1996 at Oceanfront Park - 5:00 to 8:00 p.m. - Island Spice - Reggae Mayor Taylor made this announcement. First City Commission Meeting in October will be Wednesday, October 2, 1996 due to October 1st being the 2nd Primary Election Day and the first meeting in November will be Wednesday, November 6, 1996 due to the general election Mayor Taylor made this announcement. Special City Commission Meeting October 3, 1996 at 7:00 p.m. - Review resumes only for City Manager Mayor Taylor made this announcement. City Manager Parker advised that the consultant is Concerned that these dates are too soon after the close off date of September 25th. Mayor Taylor stated the consultant wanted more time to do background checks and talk 4 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 to the candidates personally. Therefore, this special meeting was rescheduled to Thursday, October 10th. Special City Commission Meetings - October 11 & 12, 1996 - Individual interviews and possible final selection of City Manager These special meetings were rescheduled to Saturday, October 19th at 9:00 a.m. and Sunday, October 20th at 2:00 p.m., respectively. City Attorney Cherof will check to make sure there is no prohibition under the Charter with regard to holding a meeting on a Sunday. B. Presentations Recognition of Christa McAuliffe Middle School for their tremendous improvement in the test scores of the Florida Writes Test for 1995/96 Mayor Taylor commended the following people who were instrumental in achieving this outstanding accomplishment, and presented them with academic achievement certificates: Nora Rosensweig, Principal Cheryl McKeever, Assistant Principal Dr. Jim McKay, Assistant Principal Roberta Larcey Annette Cello, English Department Chair Bernette Sullivan Ms. Rosensweig thanked the Commission for their recognition. She said this was a school wide project. They wanted to see alt of their students improve their writing scores, so they integrated writing across the curriculum to the extent that even the physical education teachers gave the students a writing assignment once a week. The State wide scoring system was used to score and give feedback to the students. In addition, a massive amount of staff development was provided to the staff so that they could learn what they could do and what parents could do to help their children become better writers. The administrators tutored the Hispanic children who were extremely low. All the children improved, regardless of their economic background, race, and language barrier. This was MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 done last year during a time of dwindling resources and larger class sizes. Ms. Rosensweig could not imagine what could be done if there were normal class sizes, a regular budget, and great resources. Mayor Taylor stated that achievement in our schools is the beginning of everything we are trying to do in the City. It affects every phase of the program that the City takes on, whether it is development or redefining our neighborhoods. He commended the Boynton Beach Education Advisory Board for their dedication, and hoped some of those great ideas from Christa McAuliffe Middle School will be shared with other schools. 2. Proclamations a) National Domestic Violence Awareness Month - October 1996 - Accepted by J. R. Ticklin MaYor Taylor read this proclamation and presented it to Rev. Ticklin. Rev. Ticklin thanked the Commission for their recognition. He told of his efforts to educate people about domestic violence, which has become a social epidemic in our society. Every nine to twelve seconds, a domestic violence incident occurs in this country. It is only when we join together and recognize that violence is wrong under every circumstance can we begin to make the necessary corrections to solve this problem. b) Italian Heritage and Culture Month - October 1996 Mayor Taylor read this proclamation and presented it to a representative of the Sons of italy Local Lodge of Boynton Beach and the State Lodge of Florida, who thanked the COmmission for their recognition. c) Multi-Cultural Festive Day - November 16, 1996 - ACcepted by Ron Washam, Chair, Community Relations Board Mayor Taylor read this proclamation and presented it to Ron Washam, Chairman of the Community Relations Board. Mr. Washam expressed pride in the Community Relations Board for their efforts to bring our community together. He stated that we live in a City that is imulti-cultural in many respects. This festival is not only for the citizens of Boynton Beach, but for the surrounding areas. This is the first annual festival, and he looked forward to doing this year after year. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Since the Public Hearing was advertised for 7:00 p.m., the Commission discussed the budget next. VI. PUBLIC HEARING A. Final Budget and Aggregate Millage Rate for Fiscal Year 1996/97 1. Citizen Comments None of the citizens wished to comment on this item. m Proposed Resolution No. R96-142 Re: Adopt final millage rate for Fiscal Year 1996/97 City Manager Parker referred to the summary of the adjustments that were made as a result of the budget hearings. Approximately $99,064 was added for the payment in lieu of taxes for Clipper Cove, and $75,000 for the tower lease agreements. 911 reimbursements were $4,625, and $81,463 was transferred from the CIP to the Library budget. The expenditures were adjusted because of a typographical error on the City Commission memberships. Aisc added was a laptop computer for $1,200 and $37,300 in the police recruitment budget. The library budget was adjusted to bring all the capital equipment into the library budget because of the new State grant funding formula. They count the money in the operating budget, not the capital, so we consolidated those two this year. The remaining dollars were left in the contingency account. We made the corresponding adjustments in the capital improvement fund for that library change. Unfortunately, one of our mechanics died, and we have added an additional mechanic to start a night shift as well as to assist the personnel there. Therefore, $58,950 was added to the vehicle service fund. These were the total changes that were done as a result of the budgets and the comments from the Commission during the past month. City Attorney Cherof read proposed Resolution No. R96-142 by title only. No one in the audience wished to address this resolution. Motion Commissioner Titcomb moved to approve Resolution No. R96-142. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 3. Proposed Resolution No. R96-143 Re: Adopt final Budget for Fiscal Year 1996/97 City Attorney Cherof read proposed Resolution No. R96-143 by title only. No one in the audience wished to address this resolution. Motion Vice Mayor Jaskiewicz moved to approve Resolution No. R96-143. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-41 Re: Adopting the Budget and setting appropriations for FY 1996/97 City Attorney Cherof read proposed Ordinance No. O96-41 by title only. No one in the audience wished to address this resolution. Motion Commissioner Tillman moved to approve Ordinance No. O96-41. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. IV. B. 3. Presentation by Dee Zibelli - Community Relations Board on Multi-Cultural Festival - November 16, 1996 - 9:00 a.m. to 5:00 p.m. at Boat Club Park Ms. Zibelli displayed a photograph of the instantaneous camaraderie in the passing of the Olympic torch and said this shows the true spirit of our City. With regard to the First Annual Multi-Cultural Festival, she displayed a banner which has been donated for the stage. Since October of 1995, the Community Relations Board has been addressing this festival, and was elated when such an event was discussed at Visions 20/20. This purpose of this festival is to showcase the positive happenings in our City. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Ms. Zibelli told of the different cultures that will be participating in this festival in terms of food, music, entertainment, and arts and crafts. She thanked the City Commission, Melody Green, Ginny Halpin, Sharon Golden, Carolyn Sims, Police Lt. Chris Yannuzzi, the City Manager's Office, and the Chamber of Commerce for their support. She also thanked Commissioner Titcomb for designing and creating our logo which will be used in this and future multi-cultural festivals. Ron Bair, a member of the Community Relations Board, spoke of the all the valuable assets that the multi-cultural festival can provide for the City. We have many varied cultures in this town. A cultural festival like this will make people from alt types of backgrounds and walks of life feel like they should come together because they are going to be comfortable there. Sometimes certain factions of the City may feel that .they are being excluded or they may not feel welcomed at some of the affairs that the City puts on. They may feel uncomfortable about being in a situation with people whose cultures and ethnic backgrounds are different than their own. He felt a festival of this type completely eliminates those kinds of feelings and negative ideas because there is something for everyone. The timing of the festival coincides with the kicking off of the season. Therefore, this will give many of the seasonal residents something to look forward to and they may even come down a week or two earlier so that they can be part of such an event. Mr. Bair is attempting to raise the necessary funds to put on this event for the City. He has done his utmost to promote this event to potential sponsors within the City. Unfortunately, sponsors have been somewhat slow to respond. He felt this multi-cultural festival is an important enough event to warrant some assistance from the City. It is an educational event. It is an expression of the pluralism and the tolerance that separate our country from many other countries. We are one of the few countries in the world where we are allowed to express our differences, keep our individual heritages, and continue those traditions. This festival is a great way for people to share those traditions with one another in a relaxed, comfortable, fun atmosphere. Any sponsorship that the City could lend to this worthwhile event would be appreciated. Mayor Taylor asked him to provide the Commission with a breakdown of the budget to put on this festival. Nellie Denahan, Chairperson of the Education Advisory Board, wished the Community Relations Board good luck with their First Annual Multi-Cultural Festival on behalf of the Education Advisory Board and the children. She read a poem titled, "All God's Children" and presented a flag from the Education Advisory Board to the Community Relations BOard. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Mayor Taylor thanked the members of the Community Relations Board for the tremendous amount of planning, hard work, and commitment they have put into this festival. He said the Commission will do its best to support them in every way they can. V. BIDS None. VI, PUBLIC HEARING Project: Public Storage, Inc./Planning Area 1.q. Reconsideration of City Commission action of August 6, 1996 Agent: Mike Carter Construction, Inc. Owner: Public Storage, Inc. Location: Planning Area 1.q. - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall Description: 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 City Attorney Cherof advised that the following items on the agenda are quasi-judicial proceedings: Public Storage, Inc. Comprehensive Plan Text Amendment St. Joseph's Episcopal Church Conditional Use East Ridge PUD Rezoning Boynton Beach Community Development Corporation Office Parking Lot Variance Blockbuster Video Community Design Plan Appeal Riverwalk Shopping Center Community Design Plan Appeal Boynton Beach Community Development Corporation Major Site Plan Modification The Flowers Bakery Warehouse/Distribution Center New Site Plan Palm Walk ACLF Time Extension The testimony that anybody wishes to offer should be made under oath. The documents in the Commission backup package on these items will all be part of the record this 10 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 evening. If anybody wishes other documentation to be placed into the record, they should identify that documentation and leave a copy with the clerk. At this time, all those who planned to testify on these matters were sworn in by City Attorney Cherof. City Attorney Cherof announced that if any members of the Commission have been lobbied on any of these items, they should disclose that co~nmunication. Roger Bortwick represented Public Storage, Inc. He requested a land use designation change from retail commercial to general commercial for the self-storage facility located at 3000 N. Federal Highway to unify the land use designations bisecting this proper~y which are currently designated as both retail commercial and general commercial. The unification of these land use designations will enable them to proceed with the improvements of the existing facility in the near future. This site is currently contiguous with both general commercial properties to the west and, therefore, would not create an isolated commercial district. Aisc, the existing facility is a Iow intensity trip generator which does not adversely affect the surrounding residential and retail commercial uses located to the north and east of the property. According to the Institute of Transportation Engineers, this facility generates an average of only 39 trips per day. Self-storage facilities are very characteristic of retail uses and are used primarily by residential customers who comprise typically 70 percent of the self-storage tenants. These facilities are selected mainly on the basis of convenience and attract retail and professional tenants who need to store seasonal stock and record files. For these reasons, he felt the change of use designation and subsequent property improvements will have absolutely no adverse affect to the surrounding properties. In fact, it will enable the applicant to provide a much needed service for this growing area and improve upon the services already in demand, as evidenced by the current rent rolls. He displayed the site plan and photographs. The location of the area for the proposed improvements does not front Federal or South Dixie Highway. They are contained within the center of the complex. This property was recently acquired by the City of Boynton Beach and there is an arbitrary land use designation line that segregates parcels of the applicant's property. This is not a very active facility, and the applicant would like to provide an improved use for the tenants. The applicant also proposes to include a manager's apartment to provide additional security on site. Viewing the surrounding properties, they are contiguous with various zoning uses which relate directly to their use. 11 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 If approved, the Commission would be granting the applicant a reasonable use of the property and enable him to provide enhanced service to his customers. Vice Mayor Jaskiewicz thought this was postponed to October 1st. City Manager Parker explained that this item had been previously denied by the City Commission. Mr. Bortwick stated that this request has only been denied by the Planning and Development Board. City Manager Parker explained to him that at their August 6, 1996 meeting, which was unattended by Mr. Bortwick, the City Commission denied this request. This is why Mr. Bortwick asked for a reconsideration. Mr. Bortwick was under the impression that when he was here 30 days ago, this item was postponed to this evening. He was unaware that the City Commission had denied this request. Tambri Heyden, Director of Planning and Zoning, referred to a memo that was written a month and a half ago and explained that at that time, the applicant had submitted a request for postponement. However, the City Commission felt they had enough information to make a decision, so they did not honor the request to postpone and took action. Vice Mayor Jaskiewicz was concerned about this affecting and being a blanket approval for the surrounding properties. Ms. Heyden advised that area 1.q is rather large and extends from where Old Dixie and Federal Highway merge, south to just beyond Gulfstream Boulevard. The Comprehensive Plan contains language that covers land use recommendations for this area. The applicant's property falls within area 1.q, and the applicant is asking for area 1 .q to be revised. Area 1 .q sets forth that the parcels fronting Federal Highway be C-3 and that the parcels fronting Old Dixie be C-4. The applicant is asking that this language be revised to allow existing commercial uses within the C-3 zoned area to become C-4. That gives three or four properties that are C-3 the ability to become C-4. The applicant asked if he could separate his property, which is about three and a half acres. If the visioning had not occurred, Ms. Heyden probably would have recommended approval. However, she felt this application was premature because of the kinds of things we are looking to do with Federal Highway, the progress that the Visioning Implementation Task Force is making, and the ambitious schedule that they have set. She could second guess what that would be and try to create conditions to attach to this application, but she did not think that would be doing this justice. She said we have been putting a lot effort and will be expending a significant amount of money on planning studies. The RFP will be going out in late September to hire a planning consultant, who will probably be selected in late December or early January to progress with this. Therefore, she did not feel that this application was timely. The application was submitted several months ago; however, circumstances have occurred since then. 12 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Vice Mayor Jaskiewicz asked if there is any way that part of the applicant's request could be accommodated without a rezoning. Ms. Heyden said the applicant wants to make improvements on the portion of his property that is zoned C-3 and the portion zoned C-4. This is a mini warehouse business that is a legal, nonconforming use in both of those zoning districts. Since the Comprehensive Plan has been written, we now allow mini warehouse businesses in C-4, subject to conditional use approval. Therefore, the applicant could submit a conditional use application for any improvements within the C-4 portion, but not the C-3 portion. Mr. Bortwick said the line that cuts through the property would cut the proposed improvement in half. Based on staff's suggestions, Commissioner Tillman felt we should wait until the studies are done and the consultant comes on board. He felt it would be premature to step over the boundaries of what we have set in place and allow this expanded usage. Mayor Taylor was not in favor of expanding this type of use at this time because we are trying to see where Delray Beach is going with their portion of Federal Highway to the south of us, and we are looking to upgrade our portion of Federal Highway and the southern entrance to the City. Commissioner Titcomb asked if there is any other alternative to meet the applicant's needs on this particular site without amending the entire Comprehensive Plan for this area. Ms. Heyden said there are 18 parcels that fall within this area that are on that side of Federal Highway, some of which are conforming and some of which are nonconforming. Other parcels are in this same situation and this area is in transition. Once you start making these kinds of changes, it is possible that other people may look to change their zoning to market their property. The Comprehensive Plan is not that different from the redevelopment plan that Delray Beach is proposing. They are looking at retail oriented uses on Federal Highway and more intensive uses on Old Dixie. What we do not have that they are close to putting in place are all the design standards. After the studies are done, we will be able to know what kind of conditions we can place on this and have this application come back. Commissioner Titcomb asked how long that process will take. City Manager Parker estimated that we will not even get started until January. Mayor Taylor said we are expecting some guidance to come from our visioning process on what we want in that area, and if you put more storage space there, you limit what you can attract next to a storage facility. 13 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Motion Commissioner Bradley moved to deny this request at this time. Commissioner Tillman seconded the motion, which carried 5-0. Project: St. Joseph's Episcopal Church Agent: Jerome F. Milord Owner: St. Joseph's Episcopal Church Location: 3300 South Seacrest Boulevard Description:Conditional Use - Request for conditional use approval for construction of a 1,878 square foot addition to Building No. 5 to include a new classroom, a covered walkway and a washroom facility in the St. Joseph's Episcopal Church and School complex. Mayor Taylor asked the applicant if he disagreed with any of the conditions for approval. Mr. Milord agreed to all the conditions recommended by staff and the Planning and Development Board. No one in the audience wished to address this item. Commissioner Bradley referred to a previous approval and asked if the applicant agreed to screen the air conditioning and appurtenances on the roof as requested by the Planning and Development Board. City Manager Parker advised that any rooftop installation on this facility will have to be soreened. However, the applicant did not agree to screen the older equipment that was already installed on the other buildings. Motion Vice Mayor Jaskiewicz moved to approve the request for conditional use approval for construction of a 1,878 square foot addition to Building No. 5 to include a new classroom, a covered walkway and a washroom facility in the St. Joseph's Episcopal Church and School complex. Commissioner Titcomb seconded the motion, which carried 5-0. 14 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Project: Agent: Owner: Location: Description: East Ridge PUD John A. Grant, Jr., Inc. Gary De Graf, De Graf, Inc. Northeast of intersection of N.E. 4th Street and N.E. 20th Avenue Rezoning - Request for master plan approval for 34 single- family units in connection with a rezoning of 5.01 acres from R-3 to PUD (Planned Unit Development) with an LUI of 7.00. Ms. Heyden advised that this request went to the TRC this morning. The applicant has to go through another resubmittal, and staff has given him until Friday at 5:00 p.m. to turn in that resubmittal in order to make the October 15th City Commission meeting. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to postpone this item until the October 15th meeting. Commissioner Tillman seconded the motion, which carried 5-0. Project: Agent: Owner: Location: Description: Boynton Beach Community Development Corporation Office L. Diana Hileman, Esquire Law Office of Alien Wm. Martincavage, Sr. Boynton Beach Community Development Corporation 2191 N. Seacrest Boulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard) Parking Lot Variance - Request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H - Driveways, Subsection 3 to allow a reduction in distance between the driveway and the intersection of the right-of-way lines from the required thirty (30) feet to approximately five (5) feet. Motion Commissioner Titcomb moved to move agenda Item VIII,C to be heard after Item VI.E. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. 15 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Ms. Hileman agreed with the recommendations of the Planning and Development Board to reduce the driveway from 27 feet to 20 feet by decreasing the width on the northern side so that it is further away from the intersection right-of-way. She also agreed to eliminate the southeastern most parking space because it did not meet the backup distance requirements. One of the reasons the applicant agreed with this condition was to avoid having a diverter put in there, and to avoid turning the northern part of N.W. 1st Street into a one way street north of the parking tot entrance. That would not allow anyone coming from the west on Gateway Boulevard to turn right onto N.W. 1st Street, and it would cause them to have to go all the way around the block, it would also cause an inconvenience for the people who reside in the neighborhood because they also would have to go a roundabout way to get access to their neighborhood. Mayor Taylor asked if this was staff's recommendation or the Planning and Development Board's recommendation. Ms. Heyden advised that the only recommendation that the Planning and Development Board made was to reduce the width of the driveway by seven feet. They did not support staff's cbmment about turning in off of Gateway. The Development Department and the Police Department recommended that the applicant construct a diverter to prevent right turns onto N.W. 1st Street from Gateway Boulevard. The reason for that is because of the location of the stop sign, there is not even a car leegth between the stop sign and the driveway. There is a change in elevation on Gateway Boulevard as you come off the 1-95 off ramp, and cars are traveling fast. This maneuver is What concerns the TRC, the Police Department, and the Development Department the most. They are concerned about how to prevent those turns into the site, which is c~mpounded by this short distance. They felt that if the applicant does not want to do that, the City should be in a position to construct the diverter. Vice Mayor Jaskiewicz asked if any accidents have occurred in that location. She pointed out that this is not a high traffic impact use of this property. Commissioner Bradley felt it was a safety issue, regardless of how many cars there are. Commissioner Tillman did not think the number of cars traveling into that house would imipact that area. In addition, he did think making N.W. 1st Avenue one way would be beneficial. He was in favor of the plan presented by the CDC. If it does cause a major safety concern, it can be revisited in the fUture. Vice Mayor Jaskiewicz stated that originally they were going to enter from Seacrest. She asked who suggested changing that to 1st Street. Ms. Heyden stated that the requirement off of Seacrest would be more stringent because of the classification of Seacrest. The diStance requirement would be 180 feet. Here the requirement is only 30 feet off the 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 intersection. Aisc, because the property is not even 180 feet wide, they would have to apply for a variance. They would be in the same situation; however, the situation would be worse. Commissioner Tillman felt entering the site from Seacrest would be next to impossible because of the house next door. The owner of that house is already at risk because of the pedestrian traffic entering to use her telephone. Mayor Taylor advised that he drove around there a couple of times today at a very slow speed. There was no other traffic using the road while he was there. He felt it would be impossible to enter from Seacrest. However, he was concerned about the driveway on Gateway Boulevard right at the carport entrance. He asked if that is going to be blocked off. Eroyn Girtman of the Boynton Beach CDC Design and Construction Committee advised that it will be discontinued. Ms. Hileman added that the agreement to reduce the driveway by seven feet from the point of that intersection will help reduce any safety concerns, since probably one car at a time will be entering that area. Mayor Taylor pointed out that there is no history of accidents in this area. He was concerned about the hardship that we would be putting on the people that live down that street. They would not be able to turn in there and would have to go all the way down to 19th and come back. Ms. Heyden referred to comments 7 and 11, and stated that without the diverter, it would further increase the distance between the driveway and the intersection. Right now, reducing the width of the driveway increases it by seven feet and sets it further back from the intersection. However, moving the driveway as far south as possible could pick up at least an entire car length, if not more. Staff believes there are things that can be done without having to make it one way. Mayor Taylor asked what problem this would create. Bob Fetrow with Gator Engineering Services stated that we would lose a lot of parking spaces by moving the driveway to the so,uth. Aisc, it disrupts the general flow of the parking spaces. He felt the layout provided to the City is the best available use of the property. Mayor Taylor pointed out that there are 16 parking spaces. Mr. Fetrow advised that the CBC has a.Board of Directors' meeting every month, at which time all those parking spaces will be used. Mr. Girtman added that sometimes the CDC has guests..Mr. Fetrow 17 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 did not know how many parking spaces would be lost because this has not been brought to his attention until this evening. Ms. Heyden advised that the Development Director has had conversations with Mr. Fetrow about this. With regard to Mr. Fetrow's comment about interrupting the flow of traffic, she said the parking spaces that will be relocated from the south to the north in order to allow this driveway to be moved south, would be angled. However, staff would rather see that situation on site than have this kind of situation occurring. Mayor Taylor felt the applicant would want to move that driveway as far south as possible as long as no parking spaces are lost, and he did not think many would be. Mr. Fetrow said there will be 50 feet from the edge of the driveway to the edge of the road. There are approximately two and a half car lengths before you get onto Gateway Boulevard. He did not feel much would be accomplished by moving the driveway. Ms. Heyden pointed out that the stop sign and the stop bar are set back. Mr. Girtman advised that the CDC will have quarterly meetings, not monthly meetings as stated by Mr. Fetrow. Approximately 10 people will attend those meetings; however, we like to have room for guests and are trying to preserve as many spaces as possible. These meetings will be held during the evening. There is a very Iow impact of traffic out there now. Mayor Taylor pointed out that parking spaces will not be lost. They will just be repositioned. Ms. Heyden said staff feels only one parking space will be lost. Ms. Hileman said she spoke to Jerzy Lewicki who indicated that three to four could be lost and that we would have to have a couple of parallel parking spaces. In addition, there is an easement to the south side of the property. Commissioner Tillman asked the applicant to move the driveway as far south as possible to address the safety concerns. Mr. Girtman asked staff how far the City is going to let the CDC go into the easement. MS. Heyden asked Mr. Fetrow if he found out what type of easement that is. Mr. Fetrow did not know exactly what the easement is used for. He said if the driveway is moved to the residential property line, the whole layout of the parking lot would have to be redone. Ms. Heyden advised that in the past, we have allowed improvements within utility easements subject to a hold harmless agreement. Mr. Fetrow asked if moving the driveway to the south end of the property will delay the development process. Ms. Heyden told him it would not. She said all of the conditions attached to the approval this evening will be addressed as part of the permit plans. 18 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Motion Commissioner Tillman moved to approve the Boynton Beach Community Development Corporation's request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H - Driveways, Subsection 3 to allow a reduction in distance between the driveway and the intersection of the right-of-way lines from the required 30 feet to approximately 5 feet, subject to staff comments 9, 7, and 11. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. VIII. DEVELOPMENT PLANS Project: Agent: Owner: Location: Description: Boynton Beach Community Development Corporation Office L. Diana Hileman, Esquire Law Office of Allen Wm. Martincavage, Sr. Boynton Beach Community Development Corporation 2191 N. Seacrest Boulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard) Major Site Plan Modification - Request for site plan approval to convert an existing 1,800 square foot single- family home to an office facility of the corporation and to construct an associated parking lot with this use on .3 acre parcel. Ms. Hileman did not have any problems with the Planning and Development Board's recommendations. However, she said discussion of the parking lot variance arose as it related to the site plan, and they recommended deleting comments 1 and 2. She had a problem with comment 10. She advised that a carport exists on the property. It is adjacent to the residential structure. The CDC wants to enclose that structure for storage purposes and to eliminate the hazards of people hanging out there. The reason it is a nonconforming structure is because it currently violates the 30 foot setback. The CDC feels that by enclosing this structure it would not cause it to be an additional violation. She said she has been advised by Michael Pawelczyk, Assistant City Attorney, that this would not hold up the site plan approval process. Ms. Heyden advised that this is a nonconforming structure, not a nonconforming use. However, even nonconforming structures cannot be altered, modified, or added onto unless they comply with the 30 foot setback. Enclosing this carport is not in compliance 19 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 with the setbacks. This nonconforming structure cannot be enclosed the way the applicant is proposing. Staff suggested installing a fence under six feet because fences and walls that are under ~ix feet do not have the 30 foot setback. However, this does not meet the applicant's security needs. Ms. Hiieman s~id there is conflicting language within Section 11.1.E of the ordinance regarding nondonforming structures. There is some language where a nonconforming structure or building may be maintained and repaired, but it shall not be added to or altered in a fashion so ~s to increase the extent to which the structure or building is in violation of applicable regulations. The CDC thinks that this use would be very beneficial by enclosing the carport and reducing the possibility of people hanging out underneath it and doing things that they should not be doing. Vice Mayor Jaskiewicz asked if it would be an addition if the perimeter of the structure were not changed. City Attorney Cherof felt it would constitute an expansion of the nonconforming structure. The issue is not whether it is beneficial or not. That section of the Code does not address benefit issues. It deals with the size of the structure, and the cQncept is that you do not expand, in any nature, a nonconforming structure. That is the way the code is written. MS. Hileman questioned whether that would be considered an expansion or not. City M~nager Parker asked if fencing is considered an expansion, such as a chain link fence. City Attorney Cherof and Ms. Heyden said they could put up a fence, just as long as it is nqt over six feet high. Mayor Taylor pointed out that this would not solve the problem b~cause the CDC wants to use this for storage, and people could jump over the fence and take whatever is stored there. He asked if the fact that it is connected to the other part of the structure makes it an expansion. City Attorney Cherof answered affirmatively. Mayor Taylor advised the applicant that we cannot violate our own Code. In order to do aqcommodate the applicant, we would have to change the Code for all nonconforming u,~es. City Manager Parker said if the applicant is willing, we could grant a fence variance this evening and the carport could be fenced all the way to the roof and have a padlock gate. MS. Hileman asked if there would be a possibility of putting an awning or an extension over the edge of the building. City Manager Parker advised that this would be worse. MS. Hileman asked what kind of fencing would be allowed. City Attorney suggested discussing this matter with the applicant after this hearing as opposed to trying to form the colnditions tonight that might violate the Code. 20 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 City Manager Parker advised that the Planning and Development Board had deleted comments I and 2 and added comments 22 and 23. Ms. Hileman agreed with comments 22 and 23. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to approve the Major Site Plan Modification request for site plan approval to convert an existing 1,800 square foot single-family home to an office facility of the corporation and to construct an associated parking lot with this use on .3 acre parcel, subject to staff comments 3 through 19, and including 22 and 23. Commissioner Tillman seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE Michael Briggs lives in the Fox Hollow development located in the northern portion of the Manor Forest PUD. The City has recently annexed half of his community into Lawrence Oaks, the southern portion of the Manor Forest PUD. This has had an adverse effect on his community. It was a unique annexation and it has left some unresolved issues. It is starting to affect the financial stability of his community and the harmony of both communities. These issues seem to be more between the City and the County. He asked the City to work with the community and, if necessary, facilitate meetings with the County to try to work out the remaining issues. Both communities cannot live in peace the way this is right now. City Attorney Cherof advised that we received a letter from Fox Hollow with a copy of a complaint that is pending between the Lawrence Oaks Homeowners' Association and the Manor Forest Homeowners' Association. A number of issues were raised in that complaint, and we are not in a position this evening to say what the City can do, if anything. Between now and the next City Commission meeting, he will contact Mr. Briggs and respond to the legal issues that were raised. Ella Spencer was present on behalf of the residents of the 2100 block of N.E. 1st Street. She referred to an article in the September 6th Palm Beach Post regarding the City ripping up the asphalt in the swale areas for drainage and the associated costs that the homeowners would have to bear. She advised that the previous owner of her home received a permit to asphalt the swale, and she did not think the residents should be held responsible for something that was permitted by the City. In addition, with regard to 21 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 maintaining the swale, she said she does not have the money to pay for the equipment or supplies needed to do that. City Manager Parker advised that over the years, the City issued permits for people who wanted to make the swales parking areas. The City will be ripping them up and putting in grass because as the neighborhoods have been built out, those areas are needed for drainage. The residents will only be charged to replace the asphalt or the cement in the driveway area, and they will be responsible for maintaining the grass area. Ms. Spencer asked if the driveway area will be damaged due to the ripping of the area. City Manager Parker advised that most of the driveways are Iow in the middle and were built concave. We are going to build them witha different slope so that the water will not sit in the driveway anymore and will funnel off into the grass area on the side in the swales. No one else wishing to speak, Mayor Taylor closed the Public Audience portion of the agenda and declared a recess at 8:40 p.m.. The meeting resumed at 9:00 p.m. VIII. DEVELOPMENT PLANS A. Project: Agent: Owner: Location: Description: Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynton Lakes Plaza-southeast corner of Congress Avenue and Hypoluxo Road Community Design Plan Appeal - Request to appeal the Community Design Plan to allow back-lit awnings on a new outparcel building. Mr. Sherrod stated that the Planning and Development Board recommended approval of the backlit awnings subject to staff's recommendations. Mr. Sherrod agreed with staff's and the Planning and Development Board's recommendations. Ms. Heyden stated that since Blockbuster Video's trademark is very important to them and is a make or break deal, and because we already lost one tenant on this outparcel, she processed this even though she did not receive any elevations. This is why the comments are structured as a tradeoff. In exchange for allowing the backlit awning, we are expecting that when the elevations and site plan come in, the elevation will contain these kinds of things. The applicant has a littte reservation about the limitation on the extent of the 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 awnings. However, we agreed that when the elevations come in on the site plan level, we will discuss this again. No one in the audience wished to speak on this item. Motion Commissioner Titcomb moved to approve the Community Design Plan Appeal for Blockbuster. Commissioner Tillman seconded the motion, which carried 5-0. B. Project: Agent: Owner: Location: Description: Riverwalk Shopping Center a/k/a Causeway Square Lee Starky Lee Starky Group Florida Boynton Investment, Inc. Robert Armstrong, President 1600 South Federa~ Highway Community Design Plan Appeal - Request to appeal aspects of the Community Design Plan applicable to a street front facade containing a drive-up window, to allow a reduction in the percent of window coverage and the omission of a pitched roof. The applicant was not present. Ms. Heyden stated that the Planning and Development Board unanimously recommended approval of this request, subject to all staff comments, and the applicant has agreed to all the comments. No one in the audience wished to address this item. Motion Commissioner Bradley moved to approve the Community Design Plan Appeal for Riverwalk Shopping Center, subject to all staff comments. Vice Mayor Jaskiewicz seconded the motion. MaYor Taylor asked if there will be other opportunities to discuss landscaping on the side of the building. Ms. Heyden stated that this is the last time the City Commission will see this project. The next step is permitting. Mayor Taylor pointed out that when we changed this to allow drive through windows facing streets, we said we were going to be very strict on its appearance. He asked if staff is satisfied that this project will look good. 23 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Ms. Heyden said in terms of landscaping, yes. The plans that were submitted the last time the Commission saw this did not address the Community Design Plan comments for landscaping. The applicant understands that he has to comply with those comments. This application is being driven by the applicant's position that adding these windows will bring about a security problem. That was one of the reasons why Ms. Heyden added invitation windows into the Code. She thinks their percentage was about 8 1/2 or 9 percent in compliance with the windows. She recommended this subject to staff comments; however, she felt they could have extended themselves a little further and provided more invitation windows. This carries the front elevations around to the side so it will look more consistent all the way around. Commissioner Bradley asked if there is landscaping between the street and the drive through. Ms. Heyden answered affirmatively. Commissioner Bradley asked her to describe the berm. Ms. Heyden said it is a 3 to 1 slope, minimum 10 foot wide buffer with landscaping, including understory. The motion carried 5-0. Project: Agent: Owner: Applicant: Location: Description: Flowers Bakery Warehouse/Distribution Center - Quantum Park PID Sam EI-Kholi Spring Engineering, Inc. Quantum Associates, a Florida General Partnership First Eagle Developments, Inc. Quantum Corporate Park, Lots 47-A, 47-B and a portion of Lot 46-A New Site Plan - Request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1.3 acre parcel in Quantum Corporate Park. Richard Bekesh with Spring Engineering stated that Planning and Development Board comment 31 needs to be modified or deleted because it was inadvertently included. It states, "Provide foundation landscaping on the east, north, and west sides of the building." They actually did not request that. They only requested it on the north side. Ms. Heyden said the Planning and Development Board wants landscaping on the north side of the building and on a portion of the east side and on a portion of the west side. However, between this comment and comment 32, if you delete the words, "east and west" from comment 31 so that it states, "provide foundation landscaping on the north side of the 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 building", it will cover it. The applicant just pointed out a different interpretation and feels more comfortable deleting those words. However, she and Mr. Bekesh agreed on what the Planning and Development Board recommended. Mr. Bekesh said if the words "east and west" were left in, there is the danger that if Ms. Heyden were to leave and someone else came in, that person would force the applicant to put landscaping along the east and west. It is a distribution center and we cannot do that. City Attorney Cherof advised that comment 31 should be rejected and we will rewrite a new one as additional condition number 1 that will state, "Provide foundation landscaping on the north side of the building." No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve New Site Plan request for site plan approval to construct a 7,000 square foot, new warehouse and office facility, and associated parking on a 1.3 acre parcel in Quantum Corporate Park, subject to staff comments, with the deletion of comment 31 and the addition of additional condition number 1. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. Project: Location: Applicant: Owner: Description: Palm Walk ACLF (2nd time extension) S.W. 19th Avenue and Roma Way Mark Fassey Trio Associates, Inc. Time Extension - Request for a second, one-year time extension (August 16, 1996 to August 16, 1997) for conditional use approval and concurrency certification for construction of a 48-bed ACLF built to Alzheimer/Dementia specifications. The applicant was not present. Ms. Heyden said Mr. Fassey was present during recess. She recommended approval subject to staff comments. No one in the audience wished to address this item. 25 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Motion Commissioner Tillman moved to approve Palm Walk ACLF's request for a second, one- year time extension (August 16, 1996 to August 16, 1997) for conditional use approval and concurrency certification for construction of a 48-bed ACLF built to Alzheimer/Dementia specifications. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. IX. NEW BUSINESS A. Items for discussion requested by Mayor Taylor 1. School Concurrency Mayor Taylor advised that the City Commission passed a resolution supporting the Municipal League's stand on school concurrency. Since that time, the Municipal League has come up with a slightly different plan. A general membership meeting of the Municipal League will be held on September 25th at 10:30 a.m. At that time, they will be asking the general membership whether or not they will be supporting the Municipal League's new proposal. Commissioner Bradley will be our representative, and we should give him our guidance on how to vote on that issue. The School Board's proposal contains a regulatory element whereby the School Board and the County would regulate what building could take place in the communities. The Municipal League's plan tries to do that same thing through a planning process by using a five year plan and a seven year plan. They are asking the School Board to come up with a seven year plan that addresses what will happen in seven years, what that money will be used for, where those schools will go, and then the cities would buy into that along with the County in a tri-party agreement. Also, they had originally said that 15 percent of the money collected in any one year would go towards inner city schools. They are increasing that to 25 percent. Commissioner Bradley said the problem that the Municipal League has had with the regulatory part of concurrency is that concurrency will not do much good to reduce overcrowding in our schools. There are vested projects that span out over the course of the next four, five, six, and seven years in Palm Beach County that will virtually eliminate any benefit that concurrency could have. They said that if 5,000 students are coming into the system, 500 of them will be impacted by concurrency. Therefore, 4,500 students will come from projects that are already vested. Due to this fallacy in the system, the Municipal League did not think it was right. When you couple that with the idea that our home rule and our ability to single-handedly evaluate and decide upon the different 26 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 development projects that come into our community would change, it seemed like the wrong idea. In addition, there is already a mechanism in place (the interlocal agreement mechanism) whereby interlocal agreements can be put in place so that what we want to have happen in terms of making sure that school siting and planning takes place can happen. This is basically the crux of the Municipal League plan which we will be taking before the County Commission on September 24th. If that passes, he suggested that the Municipal League meeting of generat membership is a moot point. Also, two votes were taken at the Municipal League meeting. There is a feeling that the residents of the County want to see a strong regulatory piece. They like the word concurrency because it means developers are going to pay. Therefore, a motion was made to implement concurrency as the School Board and the Gleason/Marcus plan see it after seven years. That vote failed. Another motion was made to look at some sort of regulatory mechanism in the meantime, before the seven years expires, in order to put some mechanism into place. He asked if the Municipal League's idea about an interlocal agreement could be a mechanism, and they said yes. Therefore, he voted for that, but that motion failed as well. A motion carried that favored the Municipal League's position on interlocal agreements. That is going forward to the County Commission on the 24th. Commissioner Bradley said concurrency is a complex enough issue when it involves roads, level of service, or water and sewer. When it involves schools, it becomes much more complex. He was afraid that March will not be soon enough to educate people. He advised that everyone agreed that we need the penny sales tax. Mayor Taylor advised that the Municipal League's plan calls for the School Board to present their seven year plan four months prior to it going to the ballot so that people have a chance to examine it. He did not know if they can do that in that time frame. He pointed out that the vote to put the regulatory element into the plan was very close, and he was concerned that amendments wilt be brought up at the general membership meeting. He would like Commissioner Bradley to state that if there are any amendments, that we would like the right to discuss them before they are passed by the general membership. Mayor Taylor would like Commissioner Bradley to support the Municipal League's position. Vice Mayor Jaskiewicz felt the Gleason/Marcus proposal would have been very effective for our City 10 years ago, but not now. Also, she did not know how they could determine if our high school is overcrowded because we do not have one. She hoped they could negotiate some unanimity between all three and that it would go on the March ballot because she felt the mood is right and she did not think anyone will ever understand the technical parts of concurrency. She pointed out that they can understand that we are in 27 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 a very sad position with regard to the shortage of adequate school buildings for our students all over the County, and that a penny sales tax could alleviate it. She felt this is the basic thing they will be voting for. Commissioner Tillman supported the Municipal League's position; however, he thinks cities should maintain home rule and not give up their local legislative authority. In addition, he did not think the School Board has satisfied the public because they have not fulfilled their obligation to build schools. He believes that initially the term "concurrency" was used to get people to buy into the penny sales tax. He felt we are now getting down to the dialogue as to what people actually want. He was concerned that if the State Department of Education sees an influx of money in the legislature, they will tend to start backing off in terms of adding monies into the pot. Commissioner Titcomb felt the issue on the whote is getting bogged down in the language, personalities, and politics. The problem remains that there is a school shortage in terms of physical infrastructure and funds will be required to solve that problem. He felt the solution is to present a viabte business plan with a price tag attached to it. Then ali the players involved in this issue could buy into it or not. He felt we should keep our home rule. He had faith in Commissioner Bradley to represent our position at the Municipal League. 2. Responses to Board Minutes Mayor Taylor stated that through their minutes, the City boards make comments which he felt the City Commission should respond to in memo form. For instance, the Planning and Development Board felt that the Community Redevelopment Advisory Board should be dissolved because they are serving a duplicate purpose. Also, the Community Redevelopment Advisory Board has brought up some issues that are outside the CRA area and there should be clarification regarding whether or not we want them to give us suggestions pertaining to those areas. Mayor Taylor asked if the Commission would like him to formulate the Commission's response in a memo and send it to those boards. Vice Mayor Jaskiewicz reminded the Commission that she previously requested a workshop to discuss the possibility of revising some of the criteria for boards and the possibility of combining or eliminating some. She suggested we have a workshop on this in the near future. Commissioner Titcomb pointed out that we have empowered the Visions Task Force to bring us a proposal for a consultant who would address multiple issues dealing with the 28 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 redevelopment and the reinvigoration of the downtown. He said this consultant may make specific recommendations regarding the CRA, the Community Redevelopment Advisory Board, and the geographical areas our boards may address. At this time, he was not ready to render an opinion on merging the Community Redevelopment Advisory Board and the Planning and Development Board. He sees one as the front end and the other as the facilitator and back end of the same process. Mayor Taylor will send the boards a memo advising them that we are looking into these matters and witl get back to them. He said now that we have an Economic Development Coordinator, the Community Redevelopment Advisory Board might be more tied into what is happening in the downtown, and this could have a very positive effect on that board. 3. City Manager's Evaluation Mayor Taylor stated that City Manager Parker will be leaving in the middle of October and her evaluation was due in May. He felt it was only fitting, and he assured her, that she will net leave without an evaluation in her records from each of the Commissioners. B. Items for discussion requested by Vice Mayor Jaskiewicz 1. Boynton Beach Transit/Shopper Hopper Vice Mayor Jaskiewicz advised that she has been meeting with the Senior Advisory Board and Bob Eichorst to work out the City bus routes. Questionnaires were sent to all the condominiums and senior facilities in the City to determine the best pickup spots. As a result of that survey, bus stops and four different routes were set up throughout the City. They were ridden for two weeks, and today there was a test run of the Leisureville route. It was extremely successful. Vice Mayor Jaskiewicz stated that many elderly people are prisoners in their own homes. She said one 92 year old woman indicated that she met a neighbor on the bus that she had not seen in 10 years. That bus was filled to capacity twice, and could have made four runs. Next Tuesday, there will be a test run of the route in the north end, which includes Village Royale, Boynton Bay, Village Royale on the Green, and 10th Street. Vice Mayor Jaskiewicz pointed out that these routes are not door to door service. They are expanded neighborhood route services. The routes will be totally worked out by October 1 st. 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Mr. Eichorst stated that people rode on the buses just so that they could talk to each other. He explained all the bus routes. Vice Mayor Jaskiewicz stated that the people who work for Winn-Dixie greeted the riders. They also provided electric carts and will be putting in another bench. In addition, the Senior Advisory Board has arranged for someone to assist people on and off each bus. Mr. Eichorst thanked Leisureville for donating $50 towards the rest run today. He said we are still pulling our ridership even though Palm Tran is here. He is going to try to make it more neighborhood friendly by looping through neighborhoods. Commissioner Bradley asked if the same shopper hopper route will be done every day. Mr. Eichorst said we will probably have to do Leisureville twice during the week and the other two sections once a week. We will probably make a mall run on the middle day. Commissioner Bradley asked if this affects the regular routes. City Manager Parker advised that we are not really doing the para transit route. We are using an extra bus for that, but we are still doing the two routes. Mr. Eichorst advised that Palm Tran is handling the para transit route. Commissioner Bradley asked if para transit requirements were part of the grant. City Manager Parker stated that we are claiming that we are part of Palm Tran's system. Mayor Taylor asked if the two regular routes that we are still doing duplicate what Palm Tran is doing. City Manager Parker advised that we are going to go further into the neighborhoods and bring the people to Seacrest Boulevard, Congress Avenue, and U.S. 1. Vice Mayor Jaskiewicz advised that the fixed route on Saturday was eliminated, and we will not go to Tri-Rail anymore because people can pick up Palm Tran at the mall and ride that to Tri-Rail. Mayor Taylor commended Vice Mayor Jaskiewicz and staff on the efforts they put into the bus routes. 2. Elimination of Swales Vice Mayor Jaskiewicz pointed out that we are investing quite a bit of money to repair the swales and if we do not have any regulations pertaining to them, they will need to be repaired again in the future. She asked how we could regulate parking on swales. City 3O MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Attorney Cherof advised that the Commission has the power to prohibit parking in swales altogether or to limit it. It would take two readings of one ordinance to do that. Commissioner Bradley stated that the typical driveway accommodates two cars, maybe three. Some only accommodate one car. He felt that people are going to continue to park in the swales and if you start towing cars, there is going to be an incredibly outcry. Vice Mayor Jaskiewicz suggested prohibiting parking in the swales at night, perhaps from midnight to 6:00 a.m. Commissioner Tillman felt that in keeping with the direction in which we are going relative to the appearance of the City, we have to do something about parking in the swales. He was in favor of putting an ordinance in place to deal with this situation. Vice Mayor Jaskiewicz advised that she received complaints from property owners about other people parking in their swales. Mayor Taylor stated that we are repairing the swales in some areas that are flooding. Once we repair them, it is up to the individual landowner to maintain them, and we should nOt have to repair them again. The problem is that people other than the property owners are parking in the swales and the police cannot make them move because it is City property. He asked City Attorney Cherof if we could pass an ordinance stating that since the owners have to maintain the area in front of their houses, that they also have the right to say who can and cannot park there. Then the Police can enforce this law. City Attorney Cherof advised that this can be done; however, the City is going to have to put up appropriate signage in the areas where it applies to inform people that parking is prohibited except with the consent of the property owner. If it is City wide, you have to sign it everywhere. You might be able to limit the number of signs by doing a public information release over a period of time to put people on notice that this regulation is in place. However, there has to be signage somewhere advising people what areas are covered and what the regulation is. Otherwise, enforcement may be a problem. Vice Mayor Jaskiewicz asked if devices are permitted in the swale areas to prevent people from parking in them, City Attorney Cherof advised that there is a restriction on the type of devices you can put in the swale area because they create a safety problem for aedestrians and vehicles. 31 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Commissioner Bradley asked if parking in the swales could be constituted a nuisance. City Attorney Cherof stated that it may constitute a private nuisance, but the City cannot enforce that. The property owner would have to file some type of action in court. Commissioner Tillman pointed out that it is difficult to determine where the landowner's property ends and where the swale begins. City Attorney Cherof advised that there is a statute that protects the property owner from people parking on his private property. However, he agreed with Commissioner Titcomb that you cannot distinguish between where the private property ends and the public property begins. Commissioner Tillman stated that since the purpose of swales is to increase drainage, can we approve an ordinance that states that anything which impedes or impacts drainage will be removed. City Attorney Cherof said that would put the people who are enforcing it in a very difficult position trying to interpret whether four vehicle tires are impeding drainage. Mayor Taylor suggested placing an information sign below the stop signs ali over the City stating that swale parking is prohibited without the property owner's permission. City Attorney Cherof said that would probably be sufficient. City Manager Parker suggested directing the Police Department to issue a warning for the first offense, and tickets for repeated offenses, or tow the vehicle. Commissioner Bradley was afraid that the percentage of cars being parked in swales without the property owner's approval is small. City Manager Parker suggested using the language, "without the permission of the property owner" so that the tenants do not park on the swales. This might affect more people than just the transient, business overflow, orthe occasional party. Commissioner Bradley asked what other cities do. City Attorney Cherof advised that some cities prohibit it in specific corridors, but on side streets it is permitted. Vice Mayor Jaskiewicz pointed out that a good part of Seacrest Boulevard is destroyed because cars are constantly being parked on the swales. Commissioner Tillman attributed that to the depth and setback of the houses. Commissioner Bradley would like to eventually see this problem solved through the neighborhood associations. He pointed out that pride in ownership could get to a point where people would fix it up because they want to, not because we are enforcing it. 32 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Mr. Eichorst stated that if we allow parking in the swale areas, they will swell up because they hold water. They are going to be soft and be dug up, and they are going to have to be resodded. All this is going to do is speed up the fact that the swale is going to go away because it is being filled in. Also, you are going to be breaking road edge away if you are pulling off that road edge onto a soft surface. We are going to be tearing our roads up and destroying the swales that we just put in. Vice Mayor Jaskiewicz asked everyone to think about this and come up with a solution by the next meeting. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1st Reading Proposed Ordinance No. O96-42 Re: Amend qualifications for student appointments to Advisory Board on Children and Youth Attorney Cherof read proposed Ordinance No. 096-42 by title only. Motion Vice Mayor Jaskiewicz moved to approve Ordinance No, O96-42. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-43 Re: Amend Code of Ordinances to reflect current codification and set forth jurisdiction of the Code Enforcement Board Attorney Cherof read proposed Ordinance No. O96-43 by title only. Motion Commissioner Tillman moved to approve Ordinance No. 096-43. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 33 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Proposed Ordinance No. 096-44 Re: Land Use Amendment - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No. O96-44 by title only. Motion Commissioner Bradley moved to approve Ordinance No. O96-44. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 096-45 Re: Rezoning - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No. 096-45 by title only. Motion Commissioner Titcomb moved to approve Ordinance No. O96-45. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. None. None. Xl. None. XII. C. Resolutions D. Other UNFINISHED BUSINESS CITY MANAGER'S REPORT City Manager Parker reminded the Commission that the next joint City Commission/Chamber of Commerce meeting is scheduled for October 7th. Mayor Taylor asked her to contact the Chamber of Commerce to reschedule this meeting to November. 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 Xlll. OTHER None. XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 10:15 p.m. CITY OF BOYNTON BEACH ATTEST: Vice Mayor Commissioner , C-it ¢../(~-e ik - Recording Secretary (Five Tapes) Commissioner 35 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ClTY OFBOYNTON BEACH, FLORIDA APPLICANT: BOYNTON BEACH COMMUNITY DEVELOPMENT CORPORATION OFFICE APPLICANT'S AGENT: The Law Office of Allen Wm, Martincava,qe, St, DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Request for variance from the LDR, Chapter 23 - Parkin,q Lots. EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli~nt ,¢' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Ap.pli,,e~nt's application for relief is hereby ._.V GRANTED subject to the conditions marked as "include" in EXhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: ~31,~ DATED: September 17, 1996 City ~lerk LOCATION MAP B.B.C.D.C. PROPOSED OFFICE i1' Il '13 EXHIBIT "E" Conditions, of A.Dprova Project name: Boynton Beach Community Development Corporation File number: PKLV 96-004 Reference: Parking Lot Variance. File #PKLV 96-004. Planning and Zoning DeDartment Memorandum No. 96-447 DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comrn~nts: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: 1. In reviewing plans a potentially hazardous traffic situation is observed. The ingress/egress to this / property is planned for a short distance from a major roadway (Gateway Boulevard). The close proximity, compounded by the severe elevation change of the ingress/egress presents a safety concern for traffic entering and exiting the property. Vision would be minimal, and turning maneuvers would be done on a declining roadway which causes additional acceleration/braking. 2. Oppose granting of the variance without some Page 2 Boynton Beach Community Development Corporation PKLV 96-004 DEPARTMENTS I INCLUDE I REJECT 5. Exiting traffic from the CDC property does not have sufficient space to execute a right turn onto 1st Street with sufficient space to stop for the Gateway stop sign. 6. Exiting traffic from the CDC property does not have adequate visibility to safely execute a left turn . V without interfering with traffic entering the property from Gateway. 7. It is recommended that the driveway be relocated southward. If parking stalls are lost on the south V side, they can be added on the north side. 8. If this variance is granted it should include a development order condition for construction of a / traffic diverter at the end of NW 1st Street (in west right-of-way) to eliminate right hand turns from Gateway onto NW 1st Street. 9. Although not part of the variance, the easternmost / parking stall should be eliminated because it has practically no backup space. 10. You are reminded once again to inform the applicant that numerous issues relating to building permits are unresolved including, but not limited to, compliance with SBC Table 600. No permit can be issued without either compliance or waivers from the Buildino Board of Adiustments and AoDeals. Page 3 Boynton Beach Community Development Corporation PKLV 96-004 17. Delete comment #6. 18. Delete comment #7. 19. Delete comment #8. 20. Delete comment #10. 21. Delete comment #11. 22. The Board recommends reducing the driveway from 27 feet to 20 feet to move to the driveway seven feet further south of the Gateway Boulevard intersection. ADDITIONAL CITY COMMISSION CONDITIONS 23. To be determined a:CDCPKLV.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 7. 8: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: PID Flowers Bakery Warehouse/Distribution Center - Quantum Park APPLICANT'S AGENT: Sam EI-Kholi of Sprin,q Engineering, Inc, a,qent for Quantum Associates DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Requesting site plan approval to construct a 7,000 square feet, new warehouse and office facility, and associated parkin,q on a 1.3 acre parcel in Quantum Corporate Park, zoned PID. LOCATION OF PROPERTY: Quantum Corporate Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of ~oynton 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 Applic/ant ~/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The Appl~ant's application for relief is hereby 3 ~ GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: September 17, 1996 City C~rk LOCATION 'MAP FLOWERS INDUSTRIES INC II C "'M OTOROLA~;, / / RIAA OF IUANTUM COMM I:]ARK] SITE BLVR 1:13 1/8 MILE,' 400. 800 FEET '1 EXHIBIT "C" Conditions of Approwl Project name: Flowers Bakery Warehouse/Distribution Center File number: NWSP 96-006 Reference: The plans consist of 12 sheets identified as 2nd Review. New Site Plan. Fil~. # NWSP 96-006 with an Au(3ust 9, 1996 Planning and Zoning Department date stamp marking. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. A Reservation Fee of $194.04 is due within thirty (30) days of City Commission approval of this V/ project. 2. The proposed water and sanitary sewer lines and details do not meet Utility Department standards. Utilities requests a meeting with the project V engineer and or owner to discuss revisions, FIRE Comments: NONE POLICE Commeqt~; 3. It is recommended an additional "NO U-TURN" sign be placed in conjunction with the "LEFT TURN ONLY" sign for southwest bound traffic on Park Ridge Boulevard, allowing only a left turn into the site. 4. If the median in Park Ridge Boulevard will not be modified it is recommended that a "NO LEFT TURN" sign be placed in conjunction with the Stop sign for traffic exiting the east driveway. If not placed, there would be a tendency for vehicular travel in an opposite flow lane. DEVELOPMENT DEPARTMENT Comments: 5. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies' such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 6. Revise documents to reflect all comments. V Page 2 Flowers Bakery Warehouse/Distribution Center NWSP 96-006 DEPARTMENTS I INCLUDE I REJECT 7. 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. 8. Specify grate elevation of outfall control structure.J Chap. 6, Art. V, Sec. 4, par. B, pg. 6-19. 9. Pavement to be as required by Policy E-2 10. Where applicable, eliminate 6" curb thru sidewalks. 11. Comply with Quantum sign program. 12. Certified~ statement that no restrictive covenants / exist on the land. 13. Certified statement that no building or structures will be Placed on any easements or setbacks. 1 4. Dedication of a 5 foot wide limited access easement (L.A.E.) along Park Ridge Boulevard. 15. Certified statement that all development and / construction will comply with all laws, ordinances, rules and regulations. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 16. In order to provide for safe traffic turns to and from / the site onto Park Ridge Boulevard, move the west side of the median cut west to align with the west property line of the subject site. 17. Move the proposed building to the north beyond the utility easement or submit verification that v/ abandonment request No. 96-002 has received approval. 18. If site will contain signage, plan shall include the location and other description of signage in conformance with sign code and the Quantum Park / sign program. Also, provide elevation view drawings of the signs and specify their height, size and colors. If proposed signage is in conformance with above criteria, it is recommended that the signage be approved administratively. 19. Provide sample board containing all exterior building materials to be used for construction. The color of the material samples shall match the color references on the plans. Page 3 Flowers Bakery Warehouse/Distribution Center NWSP 96-006 DEPARTMENTS 20. Amend your required parking calculations to provide proposed number of visitor parking, spaces. It is recommended that no less than seven (7) parking spaces be identified for visitor parking. 21. On the site plan, sheet 3 of 12, in the tabular summary include the net buildable area in acres and square feet (net buildable area is an area of the lot within the required setback lines). 22. Prior to issuance of the building permit provide Unity of Title document. Also, clarify whether lots 47-A and 47-B are entirely being incorporated into the Flowers property, or only their portions. If lots are united, then these two united lots shall be relabeled appropriately on the survey, sheet 2 of 12. 23. Include required landscape buffer calculations for a perimeter hedge. With an identifiable symbol, distinguish Florida native species from all other landscape materials. 24. At least fifty (50) percent of the trees included in the perimeter landscape buffer, adjacent to the Park Ridge Boulevard right-of-way, shall be native. 25. Indicate whether there will be any roof top equipment installed as a part of the development. If there is, provide details for screening of this equipment to meet the requirements per LDR, Chapter 9, Section 11.E. 26. Cut back to the east the east median within Park Ridge Boulevard to align with the east drvieway on the Flowers site in lieu of the "No U-turn" sign mentioned in comment 3. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 27. Delete comment # 3. 28. Delete comment ~-4. 29. Delete comment #14. 30. 31. Provide dumpster enclosure with gates. Provide foundation landscaping on the east, north and west sides of .'.he building. INCLUDE ,/ ,/ ,/ ,/ REJECT 32. Move the parking and sidewalk six feet away from the northeast and northwest corner of the building and add landscaping in that area. ADDITIONAL CITY COMMISSION CONDITIONS 33. To be determined. Jl_/dim c:FLOWERS.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 7, 8 9: DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: Palm Walk Adult Congregate Livin,q Facility (ACLF) APPLICANT'S AGENT: Mark Fassy DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Requesting a one-year time extension for conditional use approval and concurrency certification for the Palm Walk ACLF. LOCATION OF PROPERTY: The proposed ACLF is to be located on a 1.955 acre parcel located on the North side of SW 19th Avenue, approximately 351 feet east of COngress Avenue and 598 feet south of Woolbri,qht Road. 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 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 Applic/nt ,v HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The AppJ~,ant's application for relief is hereby mV~GRANTED subject to the conditions marked as "include" in Exhibit "D" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: September 17, 1996 CityCClerk City LOCATION MAP "PALM WALK" A.C.L.F. EXHIBIT "D" Conditions of Approval Project name: Palm Walk Adult Congregate Living Facility ACLF File number: CUTE 96-001/CNTE 96,001 Reference: One-year time extension for conditional use aoDroval and concurrency certification) DEPARTMENTS PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. Approval for one year time extension (August 16, 1996 to August 16, 1997). 2. All staff comments that conditioned the original approval (this would include the Community Design Plan appeal that was granted). 3. The property is overgrown with weeds and grass and therefore a program of regular site maintenance needs to be initiated and maintained to comply with city's nuisance standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. NONE ADDITIONAL CITY COMMISSION CONDiTiONS 5. To be determined. INCLUDE REJECT MEH/dim c;PALMWALKWPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 3. 4~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: RIVERWALK SHOPPING CENTER F.K.A. CAUSEWAY SHOPPING CENTER APPLICANT'S AGENT: Lee Starky, a,qent for Mike Carey (Contract Purchaser) DATE OF HEARING BEFORE CITY COMMISSION: September 16, 1996 TYPE OF RELIEF SOUGHT: Requesting an appeal to aspects of the Community Design Plan regulations applicable to a street front facade containing a drive-up window, to allow a reduction in the percent of window coverage and the omission of a pitched roof. LOCATION OF PROPERTY: 124.190+/- square foot multi-buildin,q shopping center loCated at the southeast corner of US #1 and Woolbri,qht 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 c~nsidered 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 censistent with the requirements of the City's Land Development Regulations. = The Applic/ant v/ HAS HAS NOT established 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 set forth on Exhibit "E" with the notation "Included". = The Appli/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. DATED: September 17, 1996 Clty ~lerk t LOCATION MAP RIVERWALK SHOPPING" CENTER ,t ]I'1 I'I r,1111'1 I:aU 1/8 MILE; 400. 800 FF:F.T EXHIBIT "E" - Conditions of Approval Project name: Riverwalk Shopping Center a.k.a. Causeway Square File number: CDPA 96-002 Reference: Communi~ Desi0n Plan aoDeal, File #CDPA 96-002 DEPARTMENTS ~ REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. Considering the approved design of the center does not include a pitched roof, staff recommends that the design of the southwest corner of the building, including the drive-up structure, display acanopy that matches the design of the canopy approved above the entrance to the Walgreens store, rather than incorporating into the design the required pitched roof. 2. To articulate compatibility of design along the street frontage of the center, it is further recommended that an amhed canopy, matching the design of the canopy approved for the front of the building occupied by Winn Dixie, be added above the proposed windows. The amhed canopy should . connect the northwest corner of the building to the recommended new canopy that starts at the north side of the drive-up structure and terminates at the southwest comer of the building. 3. It is recommended that the color of the frames proposed for the spandrel glass, service window and other storefront frames match the storefront frames of the other tenant spaces. Page 2 Riverwalk Shopping Center a.k.a. Causeway Square CDPA 96-002 DEPARTMENTS J INCLUDE I REJECT 4. Submission of landscape plans designed in accordance with the landscape regulations identified in the Community Development Plans in Section 11.H.4,5,6,7. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 5. NONE ADDITIONAL CITY COMMISSION CONDITIONS 6. To be de, termined. MEH/dim C:RIVERWAL.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING .¸ 7. 8~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Blockbuster Video at Boynton Lakes Plaza APPLICANT'S AGENT: Will Sherrod of Anchor Awning and Sign DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Requesting appeal from Section 101F Exterior Lighting, 5 & 6 of the Community Design Plan, Chapter 9 of the City's LDR to permit the installation of back-lit awnings around the elevations LOCATION OF PROPERTY: The Blockbuster Video building will be located on the last unbuilt outparcel at the center, between the Mobil Service station (Southeast corner of COngress Avenue and Hypoluxo Road) and the Miami Sub building (northwest corner of Congress Avenue and Plaza Lane). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,J HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App~cant's application for relief is hereby ~ GRANTED subject to the conditions marked as "include" in EXhibit "E" hereto. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: September 17, 1996 City (~erk -- PUD L. UI: 5.0 LU(,.;A i IUI~I MAI-' BOYNTON LAKES PLAZA AND PLATTED OUTPARCEL RIEC AA 118 MILES ,400.'800 FEET EXHIBIT "E" Conditions of Approval Project name: Blockbuster Video 'at Boynton Lakes Plaza File number: CDPA 96-001 Reference:The plans consist of 1 sheet. File # CDPA 96-001 with a July 24. 1996 Plannina and Zoning Department date stamp marking. DEPARTMENTS PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None DEVELOPMENT DEPARTMENT Comments: None PARKS AND RECREATION Comments: INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: PLANNING AND ZONING Comments: 1. Incorporate a gable or mansard roof. ,,/ 2. Roof tiles compatible in design and color with the / roof tiles displayed on other structures within the V shopping center shall be used. 3. Reduce the length of the awning on the .front elevation by half and accentuate the building entrance(s) with a feature similar to that used on the main building. / / Remove the awnings from the s~ide elevations and substitute with barrel tile roof tiles~ on varying roof heights to cover the walkways. 5. The color of the e~erior walls shall match the color of the existing structures in the shopping center. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. NONE ADDITIONAL CITY COMMISSION CONDITIONS 7 To be determined. TJN/dim c:BLKBSTR.WPD DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: ST. JOSEPH'S EPISCOPAL CHURCH AND SCHOOL APPLICANT'S AGENT: Jerome F. Milord DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Request for conditional use approval for an addition of, a classroom to the existin,q Classroom BuildinR No. 5 of 984 square feet, addition of washroom/mechanical space of 458 square feet and extension of an existin,q covered walkway along the western side of the buildin,q of 438 square feet. LOCATION OF PROPERTY: 3300 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli/~ant ~/ HAS HAS NOT eStablished by substantial competent evidence a basis for the relief requested. 3 The Appl~ant's application for relief is hereby __¢ GRANTED subject to the conditions marked as "include" in EXhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: .[~1~1~ DATED: September 17, 1996 ~ity C~rk ' ~ / City Atk .? LOCATION MAP ST JOSEPH"S SCHOOL /. T LY NOT EXHIBIT "C" COnditions ,~of A.Dproval Project name: St. Joseph's Episcopal ChurCh File number: COUS 96-004 Reference: The olans consist of 7 sheets identified as 1st Review. Conditional Use. File # COUS 96-004 with a July 29. 1996 Planning and Zoning Department date stamp marking. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: 1. Show handicap ramps and parking spaces. Florida Accessibility Code, Chapter 4, Section 4.1(a) and (b), page 8. 2. Provide lighting plan. LDR Chapter 23, Article IIAla and b, pages 23-6 and 23-7. 3. Provision for handicap ramp as per Section 4.8 of v the Accessibility Code is not shown. 4. Provision for handicap parking and ioading as per Section 4.6 of the Accessibility Code is not shown. 5. Provision for site lighting as per Section 7.b.4 of the v/' Land Development Regulations is not shown. RECREATION/PARKS DEPARTMENT Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 6. The applicant should indicate on the plans any existing trees which wilt be preserved, relocated or removed/replaced as a result of the project. PLANNING AND ZONING DEPARTMEN ~T~ Comments: 7. On Sheet C-2, Site Plan, indicate traffic flow pattern of the on-site vehicular system, as required by the city's Land Development Regulations, Chapter 2 - Zoning, Section 11.2.F.5~]. DEPARTMENTS 8. Provide parking calculatiOns in accordance with the city parking regulations for the entire site in regard to required parking spaces. Parking calculations should reflect requirements of the American Disability Act. 9. The parking layout as shown on site plan, sheet 5 of 7 does not match the layout as presented on paving and drainage plan, sheet 3 of 7. Provide consistency between these two sheets 10. To show compliance with the city standards, indicate dimensions of parking aisles and driveways. 11. Depict on the site plan the height and building materials of all fences and buffer walls. 12. Cleady identify on the site plsn all existing and new outdoor' lighting fixtures. 13. On the proposed site plan, Sheet C-2, insufficient data regarding site development, as required by the Land Development Regulations, Chapter 2 -Zoning, Section 11.2.F.5n., is provided. Add missing information to comply with the above city's code provision. In particular, indicate changed ratio of pervious/impervious areas. 14. Indicate on the site plan, Sheet 5 of 7 the previous location of the relocated 5th grade classroom and note proposed use of this space. 15. On both sheets 2 of 7, and 4 of 7 amend the.indices to include correct submittal items 16. If roof-top equipment will be installed on the building, it shall be installed in accordance with Land Development Regulations, Chapter 9, Section 11. E. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 17. NONE ADDITIONAL CITY COMMISSION CONDITIONS 9. To be determined. INCLUDE REJECT JL/dim d: STJOSEPH.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Boynton Beach Community Development Corporation Office APPLICANT'S AGENT: L. Diana Hileman, Esq., DATE OF HEARING BEFORE CITY coMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Requesting site plan approval to convert an existing 1,800 square foot single-family home to an office facility for the corporation and to construct an associated parking lot. LOCATION OF PROPERTY: The .3 acre parcel site is located at 2191 N. Seacrest BOulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard). 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 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 V' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby V' GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: September 17, 1996 City,Clerk L~/ ]" dity t~rney Dev. Ord. BBCDC LU(j.,RI IUH 'M~Ri-' PI::IOPOSED OFFICE Il 'O PU 1/8 . 400. 800 FI~ET ~U EXHIBIT "C" Conditions of A.D.~roval Project name: Boynton Beach Community Development Corporation File number: MSPM 96-006 Reference: The olans consist of 6 sheet identified as 2nd Review. Maior Site Plarl ModifiCation. File #MSPM 96-006 with ~ n Aunust 13. 1996 Plannino and Zoning Department date stamo m{arking, DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: 1. In reviewing plans a potentially ~azardous traffic situation is observed. The ingre= is/egress to this property is planned for a short di stance from a major roadwarY (Gateway Boule~ard). The close / proximity, cor~pounded by the s{ ~vere elevation change of the ingress/egress pr( sents a safety concern for traffic entering and e citing the property. Vision would be minimal, and tut 3lng maneuvers would be done on a declining roi ~dway which causes additional acceleration/b~ aking. 2. Oppose granting of the variance without some additional precautions and roadv 'ay changes. Redesign of the roadway curbin! on N.W. 1st Streei that would prohibit traffic to mak{ a right turn from Gateway Boulevard. Access to ~is property would be accomplished by traveling Se ~crest Boulevard to N.W. 19th Avenue, and then to I~ .W. 1st Street, north to the property. Traffic lea~ lng the site would still have the option of traveling north or south on N.W. 1st Street. Currently, a rigl't turn onto Gateway Boulevard, from N.W. 1 st Street, is allowed. This would not change. DEVELOPMENT DEPARTMENT Comments: 3. 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, dn linage, curbing, V landscaping, irrigation and traffic :ontrol devices. Permits required from agencies's ach as the FDOT, PBC, SFWMD and any other permitting agency shall be included with permit request. 4. Revise documents to reflect !all comments. V/ Page 2 Boynton Beach Community Development Corporation MSPM 96-006 DEPARTMENTS I INCLUDE ~ REJECT 5. Provide certification by developer's engineer that drainage plan complies with all city codes and standards. Chap.6, Art. IV, Sec. 5A, pg.6-7 and Chap.23, Art.llF, pg.23-8. 6. County and/or state permits required for construction in R.O.W. Chap.6, Art. VII, Sec.4B, \/ pg.6-24. 7. Photometdcs must be approved for both pedestrian and parking lot lighting before permit can be issued. / Chap.23, Art. llAla, pg.23-6. Note: Consider an alternative system of lighting which is not directed toward adjacent residences or eastbound traffic on Gateway. 8. Indicate ramp slope from parking lot to N.W. 1st Street. must comply with Standard 9. Building construction Buildin(~ Code Chapter 6. Table 600. Daae 1 1, PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONI~ PLANNING AND ZONING Comments: 10. The required side yard setback for this property from Gateway Boulevard is thirty (30) feet. The proposed enclosures of the carport violate the setback requirements. Remove both enclosures to comply with the code requirements. A zoning variance cannot be applied for these enclosures because it would increase nonconformity of this structure (this has been verified by the legal department). 11. Provide current survey of the property, as required by the Land Development Regulations (LDR), v' Chapter 4, Section 7.A. 12. The proposed monument sign setback will not meet required ten (10) feet setback from the propen'y line. Place the monument sign in an aiternative location providing required setback. Also, provide information regarding size, lettering, style; height, colors, etc. of the sign, consistent with LDR, Chapter 9, Section 10.1. 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. Page 3 Boynton Beach Communi~ DevelOpment Corporation 13. The easternmost parking s~all does not have a back-up distance of twenty seven (27) feet. /' Increase the required depth of the back-up distance to meet the required distance or eliminate this parking space. 14. Landscape buffer adjacent to the Gateway Boulevard right-of-way shall contain a hedge of / minimum height of three (3) feet. The landscape buffer along the southern property line should contain hedge material of the height between four (4) and six (6) feet. Amend landscape specifications on sheet 4 of 6 to comply with the LDR Ipndscape requirements. Due to the close location of residential structures on adjacent lots, it is recommended that a six (6) foot buffer hedge will be shown on the plan and installed along the southern property line. 15. On Sheet 5 of 8, Landscape Plan, provide a note / indicating the source of water for irrigation purposes. 16. On Sheet 1 of 8, Site Plan, indicate the height of the / existing building as required per LDR, Chapter 4, Section 7.E. 17. Indicate whether there will be any roof top equipment installed as a part of the remodeling. If // there is, provide details for screening of this equipment to meet the requirements per LDR, Chapter 9, Section 11.E. 18. Eliminate discrepancies between the proposed site plan, floor plan and north elevation of the building as it relates to the storage area. 19. It is recommended that, in order to better screen the / vehicular use area, the hedge fronting N.W. 1st Street be extended further west to the property line. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 20. Delete comment no. 1. 2I. Delete comment no. 2. , 22' building.Pr°vide foundation landscalling around entire. 23. Provide a cluster of trees atthe southeast comer of. the site. ,.ADDITIONAL CITY COMMISSIOI~ CONDITIONS 24, To be determined ADDITIONAL CONDITIONS FROM COMMISSION MEETING