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Minutes 02-03-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 3, 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney .lanet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation- Moment of Silent Reflection Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Taylor called the meeting to order at 6:30 p.m. Episcopal School, and her son Andrew offered the Allegiance to the Flag led by Commissioner McCray. Wendy Tobias, Chaplain at St..loseph's invocation, followed by the Pledge of D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to adopt the agenda. McCray and carried unanimously. Notion was seconded by Commissioner II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced that the INCA picnic would be held at the Intracoastal Park on Sunday, February 8m, from 2:00 to 6:00 p.m. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. March 2, 2004 City Commission Meeting Cancelled Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fk)rid~ February 3, 2004 Mayor Taylor announced that the City Commission meeting scheduled for March 2, 2004 had been cancelled because most of the Commission would be in Tallahassee for Palm Beach County Days. B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 2004 Wayne Segal, Director of Media & Public Affairs, reminded everyone that February is Black History Month. The City's HeritageFest Committee put together a month-long list of activities. The festivities begin tonight with a circus. There are activity calendars in the rear of the Chambers. C. Presentations: 1. Proclamations: a. HeritageFest Month - February 2004 Mayor Taylor read the HeritageFest Month Proclamation. b. Library Appreciation Month - February 2004 Mayor Taylor read the Library Appreciation Month Proclamation and presented it to Virginia Farace, Library Director. Ms. Farace explained that the theme this year is "Love Your library - A Place for All Reasons." She invited everyone who visits the Library this month to let them know what their reason is for that particular visit. In addition to the events listed in the Library calendar, there is a Library Open House scheduled for February 24 from 1:30 to 4:00 p.m. Also on that date, the architect for the Library expansion will present an overview of the proposed plans at 2:30 p.m. Ms. Farace, Friends of the Library President Mary Ann Tada and Library Board Chair Valerie Pleasanton presented mementos to everyone on the dais. Included was the Read-together Palm Beach County Book for 2004 entitled Their Eyes Were Watching God. Presentation of check to the .luvenile Diabetes Foundation by Fire Chief William L. Bingham on behalf of the Boynton Beach Firefighter Benevolent Association Bill Bingham, Fire Chief, explained that each year the Firefighter Benevolent Association hosts a charity golf tournament. The fifth annual tournament was held on October 25, 2003. One-half of the proceeds from these tournaments is used for the scholarship fund of the Benevolent Association and the other half is donated to the Juvenile Diabetes Foundation. Chief Bingham had a check for $4,000 to present to the Juvenile Diabetes Foundation. 2 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~riq;la Februarv 3, 2004 PUBLTC AUDTENCE: TND~V~DUAL SPEAKERS WTLL BE LTM~TED TO 3-MTNUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Sandy Greenberg, President of the Woman's Golf League at the Links of Boynton Beach, said that she was an avid golfer. There are many reasons she chooses to play at the Links, including the pace of play, the well-maintained course and the courteous and accommodating staff. Golf has always been a game for ladies and gentlemen. That concept would be lost if people come to play and use abusive language. She said that if others hold up the play, people could not enjoy the game. The players' assistants are there for everyone's enjoyment. All the personnel at the golf course, in particular Dan Hager and 3oe Sciortino, have always maintained fair and equitable policies. Ms. Greenberg has played at many courses throughout the State and felt that few had come up to the standards of the Links. She wanted these standards maintained. She read from an article in Golf Magazine called Anger Management. An updated rule of golf says that unruly players can be booted from the course. Dr. Sonya Ferraro explained that her husband, two friends and herself were the ones banned from the Boynton Beach Links on 3anuary 10th, They were very upset about the harassment and injustice. They wrote letters to the Golf Director, the Mayor and the Golf Advisory Committee and wanted to clarify what happened that day. When they were told that they had to play the course in four hours, their response was that they would do their best. After playing nine holes in two hours, they used the restroom. A ranger was waiting for them at the 11th hole and told them that they were behind schedule. He told them to go faster even though there was no one behind them. He said that they completed the nine holes in two hours and three minutes. Her response was "You are out of your mind." Ms. Ferraro said that they were angry but no one cursed. They were asked to leave the course and have been banned for life. She felt that this violated their freedom of speech and their constitutional right of due process. Edward Ferraro said that he is not against the pace of play. However, he felt that it hurts elderly people and women. He has seen people harassed and forced to leave the course. The Boynton Beach Links has forgotten the word "joy" in golf. According to Dale Sugerman, the average golfer can play a round of golf in four hours. Mr. Ferraro felt that a public golf course is maintained for the people of the community, not just the ones above average. He thought that the Links failed to act as a public golf course and he requested that the Commission terminate their agreement and put joy back into the game. Mr. Daniels, a retired engineer, said that he and his wife were banned from the Links, along with the Ferraros, without due process. He thought that the time limit was unrealistic and that they were harassed before they even began. They were asked to speed up their game only after they stopped to use the restroom. He thought that the time limit should be reconsidered. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ri~J~ February 3, 2004 Amy Plahn from Leisureville has been playing golf at the Links for 20 years. She is 82 years old and never takes more than four hours to play. She hoped that they would never change the pace. 3ack McVey, Banyan Creek Court, is the President of the Boynton Beach Little League. He thanked the City for their support over the past two years. There are currently over 500 children playing in the League. They use the field an average of 3~,0 days a year. The Little League Park is an asset to the City. He was here to plead with the Commission to not allow the Cemetery to expand into the Little League Park. He was pleased that the Cemetery Board would be looking at other options. The cost of building a new park would be $4M to $6M, which the City does not have. Art Matthews, Chair of the Golf Course Advisory Committee, explained that the Golf Course Advisory Committee takes their obligations seriously. The Committee listened to the Ferraro's complaint at their last meeting and has not made a decision on the matter yet. Members of the Golf Course Advisory Committee are here to support the Golf Course administrators. They have been successful in the way that they administer the course. There are excellent reports from people who play at the Links. Golf is a business and the Golf Course pays for itself. Tn order to be a successful business, it must be profitable. Tt is profitable. Tt is attentive to the needs of the people. He requested allowing the course to continue as is. Mayor Taylor asked whether the Committee or the management bans someone. Mr. Matthews said that the Golf Course Advisory Committee has never banned anyone. Seymour Steinberg is 82 years old and has been a member of the Links for 19 years. He was pleased that the play moves along. The youngest in his foursome is 80 years old and they play in approximately three hours. He does not want to spend five hours on the course. He is happy with the way the course is operated. 3ames Smith, County Representative on the Golf Course Advisory Committee, said that golf is paid for by the number of holes played. Tf people were charged by the minute, he did not believe the Ferraros would have any trouble playing in four hours. Herb Suss, a member of the Golf Course Advisory Committee, said that he would work with the Commissioner on getting a baseball field in Boynton Beach. Mr. Suss has played on the Links for approximately five years. He and his partners play four levels of play and they finish in less than four hours. The players' assistants are very helpful. Nobody should have the right to be abusive. Betty Pierce, Chair of the Recreation & Parks Board, said that the Board has been discussing the Cemetery expansion. The Board is hopeful that the Cemetery Board would look into options other than expanding into the Little League Ballfield. Questions remain regarding where a new Little League field would be located if the Cemetery were expanded west into the ballfield and where would the $3M to $4M come from for this relocation. There was discussion among Cemetery Board members about replatting and additional cremains burials in existing 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 3, 2004 cemeteries. Hopefully, additional recommendations will be forthcoming from both Boards next month. .lack Helm lives in the City of Boynton Beach and plays golf at the Links. He felt that the staff was professional and he supports them. Everyone knows the rules and likes the way they are enforced. Esther Swann, representing the Palm Beach County Chapter of the 3uvenile Diabetes Foundation, apologized for arriving late. She thanked the Boynton Beach Fire Department for the $4,000 check from the charity golf tournament. She also thanked the City of Boynton Beach for supporting the event. Eric Breuse, Colonial Club, plays golf at the Links specifically because of the pace of play. He thought that the rangers were very understanding and considerate. He has never had a negative experience there. He requested that the Commission support the management there. Bill McCarty, a member of the Golf Course Advisory Committee, did not understand why there was so much discussion tonight regarding something that is not a problem. The Golf Course is managed almost perfectly and wonderfully maintained. The Ferraros were not banned for slow play but for refusing to play by the rules. He pointed out that streets are public also but there are rules for them too, .lames Miriana, 728 NE 8th Avenue, felt that golf is a game to be enjoyed and not rushed. He did not believe rules should destroy a game that people go out to enjoy. Bob Brown, 800 NE 7th Street, felt that golf is public recreation, He felt that the most important thing is the spirit of recreation. There can be too many rules. He thought that the golf course could be more user friendly. Dolla Mae Williams loves the golf course. She likes the four-hour limit for a golf game. Tt is not fair for someone to spend five hours on the course and hold up the people behind them. Tf the course is running itself in the black, then they are doing a fantastic job. The rules should be obeyed. Marie Horenburger, 3020 Pinetree Lane, thanked staff for their work in helping with the beautification. She also was encouraged by seeing work going on along Gulfstream Boulevard. Tn researching the Advisory Board on Children & Youth, the Community Relations Board, the Nuisance Abatement Board and the Senior Advisory Board, she has found that meetings often do not have quorums or sometimes even issues to discuss. They meet often and do not justify staff time when there are no issues. She respectfully suggested combining the four boards and having them meet quarterly unless there are issues to be discussed. Barbara Smith said that her husband plays golf frequently at the Links. She thinks the pace of play is great. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February :3, 2004 Commissioner Ensler said that all golf courses have rules to maintain the course of play. If there were reasons to change those rules, there are ways to do it. What is not acceptable, however, is to abuse City staff. The issue today, he felt, is not the time of play but the abuse of employees. Vice Mayor Ferguson said that Golf Digest states that the basic problem of playing golf is the pace of play. The four-hour rule is stated very plainly on each golf cart at the Links. Tf someone does not like the rule, they are free to go to another course. Commissioner McCray said that he had only heard positive comments about the City's Golf Course. He looks at the advisory board for advice. He felt that there could be a happy medium and that they should all work together. Commissioner McKoy felt that rules were put into place to assure that the program moves along as it should and that there is a happy medium for everyone. He did not believe that anyone should be banned for life. Everyone should be respectful of one another. He felt that the Links was an excellent golf course. He suggested that some of the regulations should be reviewed, and that the advisory board should be more involved in some of the processes. He thought that staff could look into specific guidelines for disciplinary matters pertaining to players. Mayor Taylor commented regarding the Cemetery and the Little League Park. He announced that the issue is on the Future Agenda for the Commission meeting on February 17th. Mayor Taylor thought the suggestion of combining some of the advisory boards was a good one and he was willing to consider that. Mayor Taylor believed that the Links is well maintained and has excellent management. It is not a business, but a recreation facility that the City offers its residents. There is a certain demeanor that is required and abusive language cannot be condoned. He agreed that people should be put off the course for that type of behavior. However, he was not in favor of banning someone for life for the first offense. He suggested that perhaps a person could be put off the course that day and then the matter would be submitted to the advisory board to decide whether that person should be banned. Another way to control the pace of play would be for the rangers to have the authority to ask a slower golfer to step aside and let others play through. If it is true that people have been banned for life from the course, he suggested that they be given another chance. He requested that management consider these suggestions. Commissioner McCray wanted to comment on the remarks made by the Recreation & Parks Board Chair. He stated, for the record, that the City cannot recommend cremation when a family comes in to purchase a cemetery plot. That should not be a recommendation by the Recreation & Parks Board. V. ADM'rNTSTRA'ITVE: A. Appointments to be made: 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp February :3, 2004 Appointment To Be Made Board Length of Term Expiration Date IV McKoy Mayor Taylor III Ferguson Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Alt Stu/NonVoting Stu/Voting 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (3) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/03 Tabled (2) IV McKoy Nuisance Abatement Board Reg Mayor Taylor Nuisance Abatement Board Reg I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) 2 yr term to 4/05 Tabled (3) 2 yr term to 4/05 Tabled (2) All appointments were tabled for lack of candidates. VT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of January 16, 2004 Regular City Commission Meeting of January 20, 2004 Motion Commissioner McCray made a motion to approve items A.1 and A.2. seconded the motion that carried unanimously. Vice Mayor Ferguson Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award "TWO YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION," Bid #022-2821- 04/.lA to LINE-TEC, INC., for an estimated annual expenditure of $310,000 Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-04/C3D to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Propo~:,d Re~olution No. O4-O17) Vice Mayor Ferguson requested that item B.2 be removed from the Consent Agenda. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 3, 2004 C. Resolutions: Proposed Resolution No. R04-018 Re: Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of 3anuary 15, 2004: Authorization to enter into contract with At Risk Agreement with Widell, ThC. for Task Order C#101 in the amount of $270,891 Proposed Resolution No. R04-019 Re: Contract with Palm Beach County regarding the County reimbursing the City for certain Animal Care & Control Services Proposed Resolution No. R04-020 Re: Agreement for Water Service Outside the City Limits with Jose Rodriguez for the property at 1094 Alto Road, Lantana, Florida (Lots 291 & 292, Ridge Grove Addition 1) D. Ratification of Planning & Development Board Action: Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district ('RETABLED BY' ¢01~1',!.~$$.~01V- 01120/04) Vice Mayor Ferguson requested that item D.1 be removed from the Consent Agenda. Pylon Interstate Plaza (Phase IT) (HTEX 03-009), 1501 Corporate Drive, immediately west of Lowes Home Improvement Center - Request for a height exception of 18 feet-7 inches to allow the peak of an elevator tower to extend above the 35-foot maximum height provision in the Office Professional C-1 zoning district Boynton Place (NWSP 03-025), 310 North Congress Avenue - Request for New Site Plan approval for a 7,800-square foot retail building on a 0.75-acre parcel in a C-3 zoning district Calvary Chapel of Boynton Beach (SPTE 03-007), 3190 Hypoluxo Road, West of Congress Avenue, South of Hypoluxo Road - Request for a second, one (1) year time extension of site plan approval originally granted on December 4, 2001, extending the approval from December 4, 2003 to December 4, 2004 (the first time extension extended site plan approval from the original expiration date of December 4, 2002 to December 4, 2003) 8 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 3, 2004 o Boynton Commerce Center (USAP-03-005), 1800, 1900, 2000, 2100 Corporate Drive - Request for Use Approval to include "building cleaning and janitorial services" in the list of permitted uses in the Boynton Commerce Center PID E. Ratification of CRA Action: None Approve release of Letter of Credit #151261785 (Fleet National Bank) for B.l's Wholesale Club, Inc. in the amount of $25,000 Approve full release of surety for project known as Alta Chase and returning letter of credit No. SM417953C from Wachovia Sank to the developer (WP South Builders, LLC) Approve the "Surplus Computer Equipment" (Desktops & Laptops) as submitted by the Warehouse and allow for the disposal of same MotiQn Commissioner McKoy moved to approve the Consent Agenda as amended. McCray seconded the motion that carried unanimously. Commissioner B,2, Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-04/C3D to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Proposed Resolution No. 04-017) Motign Vice Mayor Ferguson moved to table item B.2. and carried unanimously. Motion was seconded by Commissioner McCray D,l. Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district (RE'TABLED BY C01~1¥155.~0111- 0~120104) Motion Vice Mayor Ferguson made a motion to remove item D.1 from the table. by Commissioner McCray and carried unanimously. Motion was seconded Mayor Taylor explained that the Commission would not act on this item tonight because the City has not received input from one of the homeowners' associations. Peter Ryland, 1311 SW 25m Avenue, explained that he spoke at the last Commission meeting regarding the issues of density, location and access to Boynton Memorial Hospital. He 9 Meeting Minutes Regular City Commission I~leeting Bovnton Beach, Florida February 3, 2004 said that he represents homeowners in the area. They are meeting tomorrow for a vote on this item. He said that 51 out of 52 people signed a petition against the development. Commissioner Ensler asked whether Mr. Ryland was the president or a member of a homeowners' association. Mr. Ryland said that he was not. He was representing a group of contiguous property owners on SW 25~ Avenue and 13th Street. I~lotion Vice Mayor Ferguson made a motion to retable this item. motion that carried unanimously. Commissioner McCray seconded the VIz. CODE COIqPLZANCE & LEGAL SEI-rLEMENTS: None VzIT. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'rS Project: Agent: Location: Description: Dance Studio in M-1 High Ridge Commerce Center :~:!: (CDRV 03-005) Penni Greenly, Southern Dance Studio Citywide Request to amend Chapter 2, Zoning, Section 8.A.1.d.(9) to include dance instruction as a permitted use in the M-! zoning district (1't reading of Propo,~! Ordinance No, 04-002) Attorney Cherof swore in everyone who would be testifying and explained the procedure for public hearings. Hike Rumpf, Planning & Zoning Director, explained that the applicant is requesting that the code be amended to add a new permitted use, dance instruction, to the M-! zoning district. Zoning regulations currently allow this use within the C-2, C-3 and C-4 zoning districts. This request is based upon the physical needs of such uses for buildings with high ceilings, lease costs within commercial districts and zoning provisions of other cities. Data provided by the applicant indicates that of the five dance studio establishments operating in the area, they all operate in industrial zones. Staff opposes this request for the following reasons: The industrial zoning district contains a concentration of uses that involve chemicals, hazardous substances, truck traffic and other activities, some of which have distance separation requirements from single family zoning districts. Such uses historically have been concentrated and isolated from residential land uses. This action would be contrary to the intent of zoning to separate unlike and incompatible uses. Even though this is not dealing with single-family uses, the typical patrons of such uses are children and minors, which is a concern of staff. Boynton Beach zoning districts include only one industrial district that combines both heavy and light industrial uses. 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floriq;l~ February 3, 200" Industrial lands have been reduced over the past five years, thereby increasing the demands for existing buildings and remaining acres that are nearly built out. Competition with non-industrial uses should be avoided. Many M-! industrial properties are older with non-conforming sites and parking areas. The proposed use requires a parking ratio that is nearly twice the ratio required for industrial manufacturing use and approximately three times that of industrial warehouse use, Mr. Rumpf said that if the Commission chooses to grant this request, staff recommends that this use be subject to conditional use approval to allow for a case by case review. He noted that the proposed use is similar to gymnastics centers. :In November of 2001, a petition was made to the City to add gymnastic centers to the M-! zoning district. That was approved. Mayor Taylor asked where this would be located. Mr. Rumpf replied that this was a new industrial building on High Ridge Road, north of Quantum Park. Mayor Taylor was concerned with the safety of children. He did not favor allowing this as a permitted use but would probably not have problem with a conditional use. Commissioner Ensler felt that this request was indicative of the problem in the City of only having one classification for industrial zoning. He thought that there might need to be two classifications. This would eliminate these issues. He also favored allowing this as a conditional use. Commissioner McCray was in favor of a conditional use approval. City Attorney Cherof explained that the Commission could indicate their approval of a conditional use tonight. :It would come back for first and second readings at the next two Commission meetings because the ordinance tonight indicates permitted use. Motion Commissioner Ensler moved for conditional use approval. motion that carried unanimously. Commissioner McCray seconded the Project: Agent: Owner: Location: Description: Quantum Park Townhomes East/West (ABAN 03-013) Paul Romanowski, D.R. Horton, :[nc. Paul Romanowski, D.R. Horton, Thc. North of Gateway Boulevard; East of Congress Avenue Request for abandonment of a portion of the Quantum Boulevard right-of-way in connection with replatting and site plan approval for 271 townhomes and related site improvements Louis Kanner, attorney for D. R. Horton, said that both the Planning & Zoning Division and the Planning & Development Board approved the application. The application is pursuant to a plan of land exchange with the Community Development Council. The purpose of this abandonment is to reconfigure a portion of Quantum Boulevard. There is no homeowner 11 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Flpridp February 3, 2004 whose access is being denied and there have been no objections to this application. D.R. Horton is obligated, in perpetuity, to use this property for landscaping, drainage or buffering. Therefore, this would enhance the beautification of the area. Mike Rumpf, Planning & Zoning Director, said that staff found that there is no longer a public necessity for this property. Staff supports the abandonment. Commissioner Ensler asked what happens to the rest of the road. Mr. Rumpf said that the remainder of the road is outside of this project's boundary and it converts back to the four-lane road, which was originally platted in Quantum Park. A significant feature of this project is the applicant's proposal to reduce the right-of-way for Quantum Boulevard from four lanes divided by a median to two lanes with a traffic circle. This provides traffic calming measures that help to slow traffic and create a more cohesive residential environment. Commissioner Ensler asked whether someone, in the future, would request abandonment of the north and east portions of the road. Mr. Rumpf could not speculate; however, he did not think it would be supported because there would not be a purpose to do it. Commissioner McCray felt that the City would benefit from this because of the traffic calming and beautification. Mayor Taylor stated that he had no problem with the abandonment of the road. However, he is historically, on record, against any residential development in Quantum Park. He would be voting against this to be consistent since it relates to the site plan for the 271 townhomes. Mption Commissioner McCray moved to approve. carried 4 to 1 with Mayor Taylor dissenting. Vice Mayor Ferguson seconded the motion that City Attorney Cherof noted that the abandonment would be formalized with either a resolution or an ordinance at the next Commission meeting. Project: Agent: Owner: Location: Description: Pylon :Interstate Plaza (Phase :[1) (COUS 03-009) Steven L. Cohen Chamber Properties, LLC 1501 Corporate Drive, immediately west of Lowes Home Improvement Center Request for Conditional Use/new Site Plan approval to construct a 29,419-square foot, 2-story office building City Attorney Cherof swore in everyone who would be testifying and explained the procedures for a public hearing. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February3,200a Steven Cohen, architect, explained that the applicant had met with the Board of Directors of Leisureville. He felt that this project was an asset to the City. The applicant was in agreement with all conditions. No one in the public wished to address the item. Nike Rumpf, Planning & Zoning Director, explained that the code requires that this be a conditional use because it exceeds the maximum height allowed to accommodate under-story parking. There is a raised tower over the entranceway to accent the building and cover the elevator shaft. This exceeds the maximum height and was previously approved under Consent. Staff recommends approval of the project. MotiQn Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McKoy seconded the motion that D. :[ntentionally left blank Commissioner McCray recognized that Andre St..luste was in the audience. He requested that staff contact him regarding whether anything needs to be addressed tonight because there is a language barrier. The meeting recessed at 8:~.0 p.m. and reconvened at 8:20 p.m. Notice of Tntent (Resolution No. R04-016) to adopt pending Land Development Amendment - Znfill Planned Unit Development (ZPUD) City Attorney Cherof explained that the Commission's process for announcing a Notice of :[ntent (NO:[) to conduct a zoning study is set forth in a codified ordinance. :[t commences with a two- step process. The Commission adopted the Notice of :[ntent language at the last Commission meeting. The process requires that the Commission review it and conduct a public hearing to allow members of the public to give their input about whether that study period should continue as declared at the last meeting, whether it should be modified or cancelled in its entirety. Mike Rumpf, Planning & Zoning Director, said that the NO:[ process was recently followed to assist in the completion of the Federal Highway Corridor Redevelopment Plan. That was to hold certain actions in abeyance to allow the study to be adopted and then implemented. This NO:[ was being used now for the same purpose. :[t would hold in abeyance use of the newer zoning district, the :[nfill Planned Unit Development district, while it is evaluated. This is called an anniversary review since it is very new and has both successes and failures in its implementation. Changes that are indicated in the NO:[ that would be evaluated are density, setbacks, proximity to certain types of land uses and design. The coastal area should support high quality design. Mr. Rumpf said that they might be able to complete the study within the six month period and come back to Commission to consider removal of the NO:[. This would give staff adequate time 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrid~ February S, 200~ to do it while working with the consultants to continue the Land Development Regulations rewrite. Mr. Rumpf clarified that three new zoning districts were previously created. They were the TPUD, the high intensity and the Iow intensity districts. He pointed out the three districts on the map. Area ! and area 5, north of the C-16 Canal and south of Woolbright Road, are zoned TPUD. Areas 2, 3 and 4 correspond with the Mixed Use High and the Mixed Use Low zoning districts. The [PUD zoning district was created to correspond with the land use classification that was recommended as part of the 1989 Comprehensive Plan. Tt is limited to the coastal area and allows a maximum of 20 dwelling units per acre. :[t is mainly residential and was created to motivate the infill into those areas. The current NO:[ and the moratorium apply only to areas I and 5 of the original Federal Highway Corridor study. Mr. Rumpf further clarified that it only affects use of the :[nfill Planned Unit district within those areas, not any other zoning district. Mayor Taylor asked whether it was possible to complete the study in less than six months. Mr. Rumpf said that it was possible, but he could not promise that due to the magnitude of work that they have involving the LDR rewrite. City Attorney Cherof said that the Commission has the authority any time while this is pending to shorten that time period or to extend it at the end of the study period. Mayor Taylor understood from reading the NO:[ that no applications would be considered unless they conform to some restrictive standards. City Attorney Cherof said that was correct. He cited an example. If an increase in setbacks from 10 to !2 feet were under study, a site plan that incorporated the 12 feet could be submitted and processed. Mayor Taylor said that those standards have not been established. City Attorney Cherof explained that right now everything would be prohibited by the NO:[ until the details of the study have been determined. Mayor Taylor wanted the Commission to realize that nothing would happen in those areas for six months. Commissioner Ensler asked whether this would apply only to properties less than five acres. Mr. Rumpf said that the :[PUD applies only to properties between one and five acres. City Manager Bressner explained that, for planning purposes, there could be discussion of conceptual plans at a staff level. However, formal applications could not be accepted. Buck Buchanan, President of [NC, A, said that the residents of TNCA are very much in favor of development and are looking forward to U.S. I being a beautiful, vibrant area. They are very concerned regarding the TPUD and mixed use in any areas beyond those already zoned commercial. They are concerned regarding intrusion into their neighborhood. Even with 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida February 3, 200'~ projects in the commercial areas, INCA wants them to be compatible with the neighborhoods. They felt that Merano Bay was very compatible and the residents were happy with that project. Charlene (last name inaudible) is the owner of property in area 1. She was concerned regarding the length of time it would take to come to conclusions regarding design. There are very few pieces of land there that have not been given permission to develop. She was in favor of design criteria because she would like Boynton Beach to look nice. She requested that the process be shortened. Tom Willy, 712 Shore Drive, spoke on behalf of the Zoning Subcommittee formed by INCA. INCA was pleased to see the IPUD regulations being reviewed. They want to further protect existing residential areas. New development and redevelopment should be compatible with existing residential uses. Consideration should include new building heights being relative to setbacks from existing one and two-story residential homes. The general building style should be appropriate for the neighborhood. INCA residents have many concerns regarding the existing IPUD regulations, the MU-L and the MU-H zones. They would like to be a part of the process in the proposed revisions. He requested that the NOI be expanded to include planning areas 2, 3 and 4 for a review of MU-L and MU-H requirements. He also requested that the City Commission direct staff to hold public workshops or charettes to gain resident input. Bob Brown, Seacrest Boulevard, felt that the City was going in the right direction, but he had a problem with the timeframe. He suggested that the Commission sunset this and bring it back every two months. He was concerned that some people would not be able to submit an application. There being no one else who wished to comment, the public hearing was closed. Commissioner McCray asked whether a charette was doable. Mr. Rumpf said that staff would schedule some workshops for the public. Commissioner Ensler wanted to know whether it would be helpful for the study to accept requests for those two areas. That way, staff could understand what the developers had in mind. Mr. Rumpf said that might jeopardize the intent of the NOT. That might give people the impression that their applications would be processed. He assured the Commission that he would provide status reports on a regular basis to them. Two complete applications for the IPUD district were submitted prior to the 3anuary 20m deadline. Knowing that there might be others, staff would move as quickly as possible. Mayor Taylor asked whether staff would bring back recommendations to the City Commission. Mr. Rumpf said that the changes would be put into code language and be brought before the appropriate advisory board and the City Commission. 15 Meeting Minutes Regular City Commission Meeting BovntQn Be~ch, FIQri~J~ February 3, 20e~. City Attorney Cherof advised the Commission that there were three choices - motion to ratify, motion to amend or motion to rescind. Vice Mayor Ferguson was uncomfortable with the 180 days. He would like to modify it to 90 days. Mr. Rumpf explained that staff could rewrite something within that time period. However, he did not know if they could do it with the public involvement aspect. He felt that they could work within the six month ceiling. MQti~n Commissioner McCray made a motion to amend the NO:[ to say that it would be 180 days or sooner. He wanted to obtain input from the citizens of :[NCA. Mayor Taylor questioned why the resolution referred to Citywide if they were only talking about the Federal Highway Corridor. Mr. Rumpf said that this was taken from a template used from the previous NO:[. Commissioner Ensler seconded the motion made by Commissioner McCray. The motion carried 4 to 1 with Vice Mayor Ferguson dissenting. City Attorney Cherof announced that the City would reissue an amended Notice of :[ntent to include that language and it would be posted. ZX. CITY MANAGER'S REPORT: Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase City Manager Bressner explained that the City is in the process of rebuilding its West Water Treatment Plant. The City received a permit from the South Florida Water Management District (SFVVMD) to allow the City to extract more water from the aquifer. The terms of that permit require that water would be extracted not only from the shallow aquifer but also from the deep aquifer. That means that the treatment processes for the raw water are slightly different. A year ago, staff presented an outline to the City Commission. At that time, the City had not received the permit from the SFWMD. Staff anticipated that the conditions of the permit would require certain enhancements to the water system. The delivery under the terms of that permit requires that the West Water Treatment Plant be expanded. The proposal is to do a design/build for the expansion of the West Plant. At the last Commission meeting, the Commission deemed that there were five qualified teams to submit a formal proposal. The design of the plant is at 30% completion. Now the teams must show the City how they propose to complete the project. There are three components of this project - storage, water treatment and membranes. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori;Ip Februarv 3, 20¢~. Tt will be the responsibility of the City Commission, with recommendations of City staff, to select the Iow qualified bid. Low qualified bid should include life cycle analysis of what it would cost to run this equipment over a certain period of time. Dale Sugerman, Assistant City Manager, reiterated that 30% of the design has already been completed. The teams that have been identified as qualified by the City Commission are going to submit their bids. There could be up to five teams submitting a bid. The teams are made up of three component parts. There is a design professional, a constructor and a membrane system supplier (MSS). The Commission, at their previous meeting, already qualified those people who could submit bids. The action tonight is setting the minimum standard for how this project would be designed. Tt sets the Basis of Design Review for going forward and having each of those teams bring to the City a bid proposal on what their final design would look like and what it would cost. Then, the City Commission would have an opportunity to look at them and award a contract based upon the greatest value. The action tonight would be to approve the Basis of Design standards so they can go forward and accept the bids. Mayor Taylor felt that if the City were going to spend millions of dollars, they should be looking at the 21~t century for a water treatment plant. The bid that would go out gives two alternatives, one with the old technology and one with new technology. He felt that the qualifiers should be given clear direction to move into the 2:L~t century. He was concerned regarding asking for both things when it would cost the bidders time and money. Assistant City Manager Sugerman explained that was intentional. Staff opened the door to the best and the brightest to step forward and say here is how we would do it if we were going to build this additional 8M gallons per day. They must be prepared to defend it. Staff hopes that they will lay on the table the best and brightest approach for the expansion. He believes it is all about value and not about Iow cost. Staff would like to see a plant that is built based on the best and the brightest minds. Mayor Taylor felt that Boynton Beach has the best water around and the reason is the staff. If the City goes for the 21~t century technology, he wanted to ensure that training is provided to staff. Assistant City Manager Sugerman explained that one of the component parts is training. If there is a new method, there has to be training involved. Vice Mayor Ferguson asked whether the City pays for these bids. Assistant City Manager Sugerman answered that the City does not. Staff knew that there would be a large expense for the bidders. After much discussion, staff determined that the opportunity to participate was such a golden feather in a firm's cap that the City did not need to help underwrite their proposals. Vice Mayor Ferguson asked how much it would cost to put a bid together. Assistant City Manager Sugerman replied between $25,000 and $50,000. Vice Mayor Ferguson thought that they should be reimbursed. Commissioner McCray felt that the companies should attend a workshop with the Commission and publicly let the citizens know what they would be getting. This should happen prior to awarding the contract. 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida February 3, 20(?. Commissioner Ensler asked how much of a population increase this 16M gallons a day would take care of and how far out in time would this meet the City's needs. Assistant City Manager Sugerman explained that the consumptive use permit is designed to carry the City through its population growth until the year 2010. However, by the year 2008, the City must have all system-wide improvements in place. The West Water Treatment Plant expansion is just one component of meeting the 2010 population obligation. It includes the West Water Treatment Plant expansion, the East Water Treatment Plant retrofit and expansion and the eastern wellfield expansion. Commissioner Ensler asked how far the 8M gallons a day would carry us. Assistant City Manager Sugerman said that he could not answer that question because that is not how staff proposed their consumptive use permit application to the SFWMD. Staff's position is that it is one system. The West Water Treatment Plant does not stand-alone. It is an integral part of the overall system. City Manager Bressner noted that at the workshop last year, the Utilities staff put together some material that showed where we were with respect to overall capacity in terms of what our peak demand was given our current population and service area. He could reprise that material and put in the new permit data. Commissioner Ensler asked whether this new request for the West Plant would be one plant or two separate facilities. Assistant City Manager Sugerman replied that it would be one plant out west at 16M gallons per day. City Manager Bressner added that there would be a companion project at the East Plant for going to the deep wells. That would be in the future. Commissioner McCray asked what the impact would be on the residents. He wanted to know if it would increase their water bills. Assistant City Manager Sugerman explained that staff believes that the largest portion of the bill for the West Water Treatment Plant expansion could be paid for without issuing additional bonds. However, the deeper aquifer at the East Water Treatment Plant may have an impact on rates in the future. He also wanted to ensure the Commission that Boynton Beach is inter- connected with other utility companies and always has the ability to serve its customers. Commissioner Ensler wanted to have a workshop on this to answer some questions that he had. Assistant City Manager Sugerman said that the only item before the Commission was to approve the Basis of Design review so that they could go forward. Commissioner Ensler wanted to have the workshop first. Herb Suss, citizen of Boynton Beach, asked whether the expansion would meet the new Federal guidelines for water filtration. City Nanager Bressner answered that it would. Mr. Suss felt that the Commission should look into other types of systems rather than chlorine. 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrid~ February 3, 200~. Motion Commissioner McCray moved to table the item until the next Commission meeting, February 17~. Commissioner Ensler seconded the motion that carried 4 to 1 with Vice Mayor Ferguson dissenting. B. Presentation of the Ocean District Community Redevelopment Plan Mayor Taylor said that he would entertain a motion to table this item because of the lateness of the hour. MotiQn Commissioner McCray moved to table this item until the February 17, 2004 Commission meeting. Motion was seconded by Commissioner McKoy and carried unanimously. X. FUTURE AGENDA ~TEMS: A. Discussion of Cemetery Expansion into Little League Park (February 17, 2004) B. Strategic Planning Session (February 27, 2004) C. 3oint City Commission/CRA Workshop (March 15, 2004 - 6:30 p.m.) Additional Property Tax Assessment Exemption for l:ncome Eligible Senior Citizens per FSS 196.075 (May 2004) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (TBA) F. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Mayor Taylor requested that an item be added to the Future Agenda regarding looking at board realignment. Commissioner Ensler requested that two items be added to the Future Agenda. Now that the asbestos report has been completed, he wanted to add an item regarding what needs to be done to allow people into the Old High School. The second item was the rules and rates for the Senior Center. XT. NEW BUSTNESS: None 19 Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, Flpridp February 3, 201~~. XTT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1~t Reading None C. Resolutions: None D. Other: 1. City Attorney briefing on quasi-judicial board and hearing procedures City Attorney Cherof spoke regarding the two draft ordinances in the agenda package. He noted that staff has not completed their review of these ordinances. The first ordinance would establish a code section that sets forth the responsibilities of the quasi-judicial boards. Provision 2-161 talks about the methodology for the appointment of the chair and the vice chair by the Commission on an annual basis with a maximum of three consecutive terms. The terms would run for a year beginning April 1~t. The ordinance lists the existing quasi-judicial boards. He pointed out that some of these boards could be consolidated. There was a reference to the Nuisance Abatement Board earlier in this meeting. That board has existed for some time and has never conducted a nuisance abatement hearing. It might be possible to merge this board with the Code Compliance Board or the Planning & Development Board. The ordinance lists qualifications for appointment to the boards. They would be as determined by the Commission from time to time unless the status to sit on a board is established by State Statute as it is with the Code Compliance Board. He also provided that the Commission retains the authority to remove members of boards that are not created by State Statute and that absenteeism for three consecutive meetings constitutes a resignation by the member, requiring no Commission action. That may be too stringent. Section 2-167 clarified that no City employee can be appointed or serve on a quasi-judicial board. The second draft ordinance provides the manner in which quasi-judicial hearings are both noticed and conducted. City Attorney Cherof added a few types of matters to the list of what should be considered quasi-judicial. One is relief from the Sign Code. The other is conditional use approval. He provided that all quasi-judicial hearings should commence with notice to adjacent property owners that live within 400 feet and in a separate notice to any homeowner/condominium association that has property within that 400 feet. There is a requirement that the applicant has the responsibility for providing the notice. He also provided for additional sign notices on frontage streets near the property that is the subject of the quasi- judicial hearing. 20 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 3, 200A He expected staff input within the next two weeks. The matter would be returned to the agenda for consideration for first reading by the second meeting in March. Mayor Taylor noted that the CRA was not listed. City Attorney Cherof explained that he did not list the CRA since it does not currently serve as an advisory board. It was established by the Commission as a separate stand-alone entity. However, the Commission still controls the right, through ordinances, to set their powers and their procedures. This matter should come to the Commission at some time in the future. City Manager Bressner requested that the City Attorney draft a companion ordinance dealing with the CRA. City Attorney Cherof said that he would. Commissioner McCray read from Section 2-166 that states, "A board member who is replaced for absenteeism may not qualify for appointment to any City board for a period of 12 months from declaration of vacancy." He felt that this was too stringent. XIII. UNFINISHED BUSINESS: A. CRA Fa~;ade Grant for Boynton Delray Academy (heard out of order) Vice Mayor Ferguson wanted to advise the CRA to give special consideration to the fa~;ade grant for this project. The CRA voted against the Boynton Delray Academy, and he felt that it might be difficult for them to vote in favor of the fa(;ade grant without some urging from the Commission. Doug Hutchinson, CRA Director, explained that there was a complete redesign of that structure between the time it went to the CRA and the time it came before the Commission. The CRA staff encouraged them to bring back an amended application to take to the CRA. The fa~;ade grant was tabled by the CRA previously so that they could amend it and bring it back to the Board. Vice Mayor Ferguson and Commissioner McCray said that they are in favor of the fa~;ade grant being approved. Mayor Taylor was in favor of recommending that the CRA reconsider this grant request. He is not saying that they should grant the request because he does not know what they are asking for. 2. Private meeting to discuss: City of Boynton Beach, Petitioner, vs. Janet Hall, et al., Respondents Case No. 2003 CA 005485 AE 21 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 3, 20eA City Attorney Cherof announced that the Commission would be conducting a closed-door session in the case of the City of Boynton Beach vs. Janet Hall and others, Case No. 2003 CA 005485 AE. l~n attendance would be members of the City Commission, the City Manager, the City Attorney and Assistant City Attorney Kerry Ezrol. They would be in the closed-door session for approximately one-half hour. The general scope of the discussion would be for the City Attorney's office to obtain advice concerning the litigation. The City participated in mediation under court order. Therefore, they would also discuss settlement negotiations or strategy sessions related to litigation expenditures. When the closed-door session is completed, they would return to the public meeting at which time the City Commission would publicly discuss, and possibly take action on, the proposed settlement of that case. The meeting was recessed at 9:30 p.m. and reconvened at :[0:07 p.m. 3. Public discussion and action on proposed settlement regarding City of Boynton Beach, Petitioner, vs. Janet Hall, et al., Respondents Case No. 2003 CA 005485 AE City Attorney Cherof explained that this is the public discussion and possible action on a proposed settlement in the case of City of Boynton Beach vs. Janet Hall and others, Case No. 2003 CA 005485 AE. The City previously engaged in court ordered mediation. Kerry Ezrol, Assistant City Attorney, would explain what occurred in that mediation. The Commission was being asked for their consideration of endorsing it or directing the City Attorney to take further action to either settle the case or proceed to trial. Kerry Ezrol, Assistant City Attorney, explained that there was mediation on January 26, 2004. At that time, they reached a tentative settlement, subject to review and approval by the City Commission. The settlement is for $1,650,000 that includes interest and attorneys' fees. The settlement excludes other expert costs for the property owner. The City Attorney's Office believes that had the City gone to trial, the worst case scenario to the City would have been a number close to $2.5M. Had the City won the case, he believed the best the City could have done is approximately $1.2M. He felt that this was a fair and reasonable settlement and he recommended approval. Motion Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McCray seconded the motion that X~:[~. UNF~ZNZSHED BUSZNESS: A. CRA Fa(;ade Grant for Boynton Delray Academy (previous/y discussed) 22 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February $, 2004 XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 10:10 p.m. A'I-I'EST: Deputy City Clerk (2/6/04) CITY OF BOYNTON BEACH cOm misslOne, r,.,, 23 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Pylon Interstate Plaza Mr. Steven L. Cohen APPLICANT'S ADDRESS: 300 Northwest 82"d Avenue, Suite 406 Plantation, Florida 33324 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Request approval of a height exception of 18 feet - seven (7) inches LOCATION OF PROPERTY: 1501 Corporate Drive, immediately west of Lowe's Home Improvement Store. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant v,//HAS __. HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Appli~nt'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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ,~~ City Clerk S:~Planning\SHARED\WP~PROJECTS~Pylon Interstate Plaza~HTEX 03-009\DO.doc ~HIBi a I in. = 300.0 feet PCD PCD Home De C1 PID C3 LOwe's LOCATION MAP PYLON INTERSTATE PLAZA Phase II LOCATION MAP · EXHIBIT "B" ° )) I~l PYLGN II~ISTATE FLAZA'~ eT~'Y[N L. aaH[ ~mmIlmmumr- I I '~ I~IIIIIq~PHAeE II IW AND AIIOOIATr. II. P-A~I -- I IA iw.-IIIIIr, f--I-~-~4 I ~' ~-~',--.-~---- .-.,--i~liFi.- I~~~ I ~,-~,,'~.~. ,~,,~.~ .~. I~ - I EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: HTEX 03-009 Reference: Elevation drawings with a January 14, 2004 date stamp marking DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. If approved, indicate by note on the elevation pages, "Building height X approved per HTEX 03-009". ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:'xPlaaning~SHARED\WP~PROJECTS~.Ion lntewtat¢ Plaza'~qTEX 03-009~COA. doc( DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Place APPLICANT'S ADDRESS: TYPE OF RELIEF SOUGHT: APPLICANT'S AGENT: Michelle Diaz-Mendez of Cordova Mendez Design Group, Inc. 320 S. Flamingo Road, Pembroke Pines, FI 33027 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 Request site plan approval for a one-story, 7,800 square foot commercial building on 0.75 acres LOCATION OF PROPERTY: 310 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,.,-"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica. pt'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. All further development on the property shall be made in accordance with and conditions of this order. 7. Other DATED:.~~_~o_~ City Clerk I in. = 200.0 feet C3 PU LOCATION MAP BOYNTON PLACE EXHIBIT "A" EXHIBIT "B" Z - I'1'1 EXHIBIT "B" CONGRESS AVENUE (S TA FE ROAD I % .,111< /~' ~ J .~0 il/=/I ...... 8,~!1 EXHIBIT "B" EXHIBIT "B" CONGRESS AVENUE (STA~£ ROAD NO Landscape Plan Boynton Plaza ~oynton & Congress Boynton Be~ch, ~o~ r EXHIBIT "B" ~Jl--j-- li~J IIIII I I I~BIIIJlSI~B~mAL FLOOR PLAN ~ J-.JJ I I I I I I I I · I I I § BOYIITOli BEA, CII, FM)III)A iii il~ Iii !J l!l !tiIIl. l, :! II I i:! Ki ~: · .Ii i:-" I I; ~11 illl ; l I il Ill ~ll ;~ ~, ii! 11 I,m iJj iJ lJ il~ Ii Il i il 'J Iii Jl I !1 EXHIBIT "B" ! ~ ' I-8;ol I I I I I I I I · I II ICO~IAVBIIJK ®® 0 EXHIBIT "B" ~JlJ Jt~_! Il I I Ill liJBIJJ"i~BPROJECT SIONAOE PLAN li~l '-- Iii,il I I I I I I I Iml~13d."lB°~"T°N PLACE Ill~l ~' IJiJddd-Nddd Jtlll'l'N3~o N. CONCRESS AVENUE BOYNTON BEACH, FLORIDA EXHIBIT "C" Conditions of Approval Project name: Boynton Place ( f.k.a. Paradise Plaza) File number: NWSP 03-025 Reference: 2~ review plans identified as a New Site Plan with a January 12, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: NONE X PUBLIC WORKS- Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 2. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project {CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City code x requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16Co)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 6. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 7. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 8. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: 10. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. POLICE Comments: NONE X ENGINEERING DIVISION Comments: 11. Show proposed site lighting on the Landscape plans (LDR, Chapter 4, X Section 7.B.4.) Lighting levels are high for this location. Glare, which is readily perceptible at any point at or beyond the property on which the use is located, is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). 12. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permittinl~. 13. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 14. Every exterior wall within 15 feet ora property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. DEPARTMENTS INCLUDE REJECT 15. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. Submit details of the lift station per BBA to the 2001 FBC, Section 104.2. i. X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet LP-1 X 21. All shade and palm trees on the Plant List must be listed in the specifications as a minimum of 12-14 feet in height, 3 or 4 inches caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12-14 feet to meet the 3 or 4 inch caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] Indicate the number of Sabal Palms to be planted at each height. 22. The shrubs listed must be planted 24 inches o.c. with a height of 24 inches X and spread of 24 inches. PLANNING AND ZONING Comments: 23. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height and style) and shall consider safety, function and aesthetic value. Modify the limht fixtures to match those r>rot>osed for the buildin~ and desien the Conditions of Approval 4 24. DEPARTMENTS lighting with more appropriate footcandle mumbers. The site plan indicates a sidewalk easement along Boynton Beach Boulevard, which is being utilized as part of the required landscape buffer. Initiate abandonment through Palm Beach County. If it cannot be abandoned, or if landscape buffer cannot be installed within the easement, a variance must be approved for a deficient buffer. INCLUDE X REJECT 25. It appears as though the parking lot is intended to access the parking lot of the neighboring property to the east. If so, provide a cross-access agreement and also greater detail on the plans of the connection of the two (depicting the existing off-site improvements) to ensure compatibility. Staff encourages the connectivity between sites. X 26. 27. 28. One (1) canopy tree is required for every 30 linear feet of perimeter buffer. When utilizing palms to meet this requirement, three (3) palms are the equivalent of one (1) canopy tree, and such palms must be planted in clusters of three (3). Trees are required in the hedgerow on the north side of the loading space. The back side of the false facades should be finished with like material as the front side to present a finished product from all elevations. A uniform sign program for the center should be developed in the event any bays are not leased to nationally recognized tenants, now or in the future. This uniform signage program should consist of individual channel letters, only one of the four colors proposed by the developer and not exceeding thirty (30) inches in height. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X X X Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :Wlanning~SHARED\WPWROJECTS~Paradise Plaza\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel APPLICANT'S AGENT: George Marse, Pastor of Calvary Chapel APPLICANT'S ADDRESS: 420 West Boynton Beach Boulevard, Suite 201, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: 3190 Hypoluxo Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,~-'2~.. AS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Appljc_~3t'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. All further development on the property shall be made in accordance with the ter and conditions of this order. 7. Other DATED:__~ J:\SHRDATA\Planning\SHARED\WP\FORM,~ Revised .doc City Clerk forms folder\Develop. Order Form-20£ Location Map CALVARY CHAPEL EXHIBIT "A" AM HYPOLUXO JIC 11tll I il ij J!ii, lii'il ~iJ 1 I EXHIBIT "B" " I ! Calvary Chapel Boynton Beach EXHIBIT "B" i ~l;ii,! l~lliiiill I IIIII!1 tl~lili.:~ ~ i,I f .!l,il h,. I .. IIIII..t~iiI!I!I ii Calvary Chapel Boynton Beach EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Calvary Chapel File number: SPTE 03-007 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS [ [ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Commcms: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ ~ S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\SPTE 03-O07\COA.doc PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Boynton Commerce Center PID Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 Enoj , 334O9 TYPE OF RELIEF SOUGHT: Request use approval for building cleaning and janitorial services in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant u,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applic_.~3nt's application for relief is hereby v GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 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. 7. Other DATED:~ ~ City Clerk S:~Planning\SHARED\WP~PROJECTS~Boynton Commerce C~USAP 03-005\DO.doc 1 in. = 325.0 feet C¸3 CORPORATE. DR LOCATION MAP BOYNTON BEACH COMMERCE CENTER EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID Permitted Uses, Not Requiring Environmental Review Approval. Personal Services 1. Carpet and Upholstery Cleaning Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: . 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manufacturing requires environmental review) Fiberglass Glass Leather Textiles Yam Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.l.b.(1) & (3) of the Boynton Beach Zoning Code. 3. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instrmnents, devices, a.n_d ~co_mponen_ts Boat parts and equipment Airplane parts and equipment EXHIBIT "B" Medical equipment, instmmems, devices and components Fumiture Precision instruments Engraving, printing and publishing Retail sales are allowed for goods listed under the sections specified in I.C.1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A. 1.c.(14). The specific uses within the code sections 8.A.1.c.(2), (3) and 'fumi~e' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. Operations Center - Requiting a mix of moderate warehouse and increased office USe. 2. 3. 4. 5. 6. 7. Bank Operations Center Insurance Company Records Storage Government Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Track parking for contractors is specifically prohibited, however. 5. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Uses requiting Environmental Review - See Planning Department for Application Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise f~om the following previously prepared materials: Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, instruments, devices, and components Auto parts and equipment Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Fumiture Precision instruments Engraving, printing and publishing 2. Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shall not be allowed retail sales. 3. Other uses as follows: 1. Building cleaning and janitorial services All uses not specifically listed above are prohibited. Furthen~ore, the following uses are expressly prohibited: 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork Metal casting Welding shops Contractor's shops, storage, or track parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area Boynton Commerce Center PID Use List Page 3 · EXHIBIT "B" designated on Lot 3B as industrial, which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufacturing/Building cleaning and janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions omlined in notes 1-3 below). Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. o Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rote of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: o o Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03-005 Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING'AND ZONING Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. ~ l~/3 ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce C~USAP 03-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Pylon Interstate Plaza Mr. Steven L. Cohen - Steven L. Cohen & Associates P.A. APPLICANT'S ADDRESS: 300 Northwest 82nd Avenue, Suite 406 Plantation, Florida 33324 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a two (2) story office building with under-story parking on a 2.86-acre lot in a C- 1 zoning district. LOCATION OF PROPERTY: 1501 Corporate Ddve, immediately west of Lowe's Home Improvement Store. DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,,,-'/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby v"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 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. 7. Other DATED: o~-- (~- ~ S:~Planning\SHARED\WP~PROJECTS~71on Interstate City Clerk EXHIBIT "A" 1 in. = 300.0 feet ' 1 D PCD Home .De CI PID C3 Lowe's LOCATION MAP PYLON INTERSTATE PLAZA Phase II LOCATION MAP . i! il I1'1' '-~ll--~ i t ,ll~.,l iI' m I I I EXHIBIT "B" PYLON it~--i:j~rATE ~ I~JTEVEN L. GClHEN ~ ~ PHAGE II ..... -- ._ !i I I PYLON INTERSTATE PLAZA EXHIBIT "B" ii'iiii ,,*,,,, Ii 'iii '1'1'1' iiiiii iii, " , ~-:~ , I il='g'i' ' ' %~ ~ EXISTIN6 T~EE INVENTORY P~ ~ ~' PYLON INTESTATE ~ EXHIBIT ~B' I I! Ill~ Il ' ,~ , il,. I i!iI Jt I'i i! 16 I,I,, ,.mi q EXHIBIT "B" P~ ~TA~ RJ~A PHASE II IIT~-~i~l[N AND AlmOClA?[~:, EXHIBIT "B"~ -I -I -I _1 I IN[l [ I ~l i 1%i i ¸%. ul'l I I I I I I~1 I I I l , I i m EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza Phase II File number: COUS 03-009 Reference: 3~a review plans identified as with a New Site Plan with a January_ 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Based on the proposed location for the dumpster enclosure shown on Sheet X SP-1 there appears to be a vertical conflict with the proposed Silver Buttonwood. Please adjust tree locations accordingly. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DMSION Comments: 2. The proposed on-site drainage is shown connecting to an existing system. No X information has been provided regarding the sizing of the existing system. Provide justification that the existing system can handle the additional flows generated by the proposed site improvements and additional storm sewer/exfiltration system. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 5. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. Show all utility easements on the site plan and landscape plans (as well as the X Water and Sewer Plans) so that we may determine which appurtenances, trees CeA 01~2~4 2 DEPARTMENTS INCLUDE REJECT or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Indicate within the site data the occupancy type of the building as defined in X 2001 FBC, Chapter 3. 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed'by a design professional registered in the state of Florida COA 01/22/04 3 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application. 13. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 16. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 17. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 18. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the Cit~ Commission. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Existing Trees Management Plan Sheet TS-1 19. The Landscape Architect should review the tabular mitigation for the 65- X caliper inches of existing trees proposed to be removed and show all 65- caliper inches of replacement trees. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed building West and South elevations between the heights of 10 feet to 40+ feet. These COA 01/22/04 4 DEPARTMENTS INCLUDE REJECT replacement trees should be shown by a separate symbol on the landscape plan. The replacement trees should be placed along the West and South property perimeter to visually screen the proposed building elevation from the surrounding residential nei~borhood. 20. The Landscape Architect should also secure a copy of the original approved X landscape plan for the phase I building and confirm that all of the trees on the site are existing throughout the property. There may have been trees removed from the site, which is not accounted for in the proposed tree mitigation plan. Landscape Plan Sheet LP-1 21. All shade and palm trees on the Plant Schedule must be listed in the X specifications as a minimum of 12 '-14' height, Y' caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12'-14' to meet the Y' caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]. 22. The landscape design should include the City signature trees (Tibochina X granulosa) at the project ingress / egress locations. [Environnemental. Regulations, Chapter. 7.5, Article II Sec. 5.C.3, N.J. 23. The Tree & Palm Planting Detail shown on Sheet LP-2, should include a line X on the drawings indicating where the: a. diameter at breast height (4.5 feet off ground) of the trees are to be measured a minimum of 3 inches caliper at time of planting; b. overall height of the tree or palm is to be measured at time of planting; c. clear trunk, clear wood, gray wood or tk is to be measured at time of planting 24. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed drivewa~t areas from the Woolbright Road right-of-wa~,. PLANNING AND ZONING Comments: 25. Since the building height is proposed above 30 feet, conditional use approval X would be required (Chapter 2, Section 6.A.). Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that if approved, a period of one (1) year be allowed to obtain a building permit for this project. 26. Approval of this project is contingent upon the approval of the corresponding X COA- Plyon Interstate Plaza COUS 03-009 01/28/04 5 DEPARTMENTS INCLUDE REJECT request for a height exception (HTEX 03-009). 27. A traffic impact analysis is required prior to the Technical Review Committee X meeting (Chapter 4, Section 7.F.2). It must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building permits 28. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. Also, the landscape plan (sheet LP-1 of 2) should list all the plant species and their respective quantities. 29. Provide written verification from FP&L that they approve of the landscape X material proposed within their 10-foot wide utility easement. If FP&L does not approve of the landscape material, then either revise the plans to comply with code or request a variance. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. ~ ~ mW elj S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COA.doc