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Minutes 11-07-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, NOVEMBER 7, 2018, AT 6:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Christina Romelus, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner ABSENT Steven B. Grant, Mayor 1. OPENINGS A. Call to Order Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Vice Mayor Romelus called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray wanted to pull the Minutes for discussion. Vice Mayor Romelus asked if Commissioner Katz wanted to move forward with the ordinance regarding lobbyist on the Future Agenda. Pointed out the Constitutional amendment regarding lobbyist, passed on November 6th 2018 State's election. Commissioner Katz wanted to leave the lobbyist ordinance on Future Agenda. He would contact the Legal Department to make sure that his intent was covered by the Constitutional amendment which the State of Florida passed in the November 6th election. 2. Adoption Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Motion Commissioner Katz moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Katz met with Bonnie Miskel and representatives from McDonalds. As a local teacher and the Teachers' Union President, he was pleased with the overwhelming support for the school referendum to increase safety and security, protect the fine arts, and increase teacher's pay passed by 72%. He thanked all of those who supported the referendum. Commissioner McCray asked in regards to safety for the schools; has the City received any reimbursement for the security personnel. Ms. LaVerriere asked if the Finance Director received any funds from the County for the personnel reimbursement. Mara Frederiksen, Finance Director, responded the Finance Department has not received any reimbursements. Ms. LaVerriere suggested she will consult with Chief Gregory. Commissioner McCray requested an estimate of the amount owed the City by Palm Beach County. Ms. LaVerriere indicated the School Resource Officers rates are $110. per hour. Commissioner McCray thanked everyone involved in the volunteer dinner. Thanked Mr. Moore who works in sanitation. Noted he appreciates staff at the Ezell Hester Center and wanted to thank them for all of their hard work. Thanked the Chief for his presence in the community. Staff makes all those on the dais look good. Vice Mayor Romelus complemented the wonderful staff in Boynton Beach. The Ezell Hester Center was an early voting site without any incidents. Attended the dinner for the volunteers. Thanked all the volunteers. Requested a moment of silence to pay respects for the 11 people who lost their lives and all of those who have lost their lives in the past few weeks. Attended Pirate Fest which had great attendance. 2 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Commission to declare the vacancy of Commission District IV seat. Vice Mayor Romelus announced the vacancy of Commission District IV seat. Explained the process to qualify. Commissioner McCray asked if the Commission can nominate from the floor. Attorney Cherof answered in the affirmative. B. Proclaim November 15, 2018 as America Recycles Day. Vice Mayor Romelus Proclaimed November 15, 2018 as America Recycles Day. Willie Puz, Director Public Affairs and Recycling Solid Waste Authority of Palm Beach County (SWA), thanked the City of Boynton Beach for the proclamation. Explained the SWA is a Dependent Special District formed by the Florida Legislature in 1975. SWA has created an awarded winning integrated system of facilities which include 2 waste energy facilities, 7 home chemicals and recycling centers, 6 transfer stations, a recycling facility, a biocell processing facility, and a landfill. Mr. Puz indicated SWA began to recycle with only five items. Today SWA accepts over 20 items for the recycling program. SWA was the only dual stream recycling in the State of Florida. In 2010 the SWA implemented a recycling revenue share program. Since 2010 the City has recycled more than 28,000 tons of items which would have gone to a landfill. The City has earned almost $700,000 just from the residents recycling. He thanked the Commission for their leadership and presented a check for $672,000 to the City of Boynton Beach. C. Proclaim November 10-18, 2018 as National Hunger and Homeless Awareness Week. Vice Mayor Romelus proclaimed November 10-18, 2018 as National Hunger and Homeless Awareness Week. Karen Smith, Representative of the Homeless Coalition of Palm Beach County, thanked the Commission for their support. There are 1308 people in Palm Beach County experiencing homelessness. The Coalition provides those who are experiencing homelessness for whatever reason with a place they can be safe. She thanked the Commission and said it takes the community as a whole to end homelessness. To learn more about and how to be involved go to www.homelesscoalitionpbc.org. D. Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade and Grand Marshal entry form upcoming deadlines. 3 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Vice Mayor Romelus announced the 481h Annual Holiday Parade and Grand Marshall entry upcoming deadlines. Mary DeGraffenreidt, Events and Programs Manager, announced the City of Boynton Beach would host its annual parade on Saturday, December 1, 2018. The parade will begin at 4:00 pm and was expected to last for 2 hours. This year's parade will feature elementary, middle, high school bands, which are sure to delight all those which attend. Mr. & Mrs. Claus will be in attendance. Immediately following the parade, the CRA will light up the park featuring "Making Faces" band. Ms. DeGraffenreidt expressed the City was currently accepting applications for the Grand Marshall, the deadline for nomination submission was November 19, 2018. E. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm - 2:30pm on the following dates: Tuesday, November 13, 2018; and Tuesday, December 11, 2018 Vice Mayor Romelus announced the Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information regarding filing for Homestead Exemption from 1:30 pm -2:30 pm on November 13, 2018 and December 11, 2018. F. City Hall will be closed on Veterans Day, Monday, November 12, 2018. Vice Mayor Romelus announced City Hall will be closed on Veterans Day, Monday, November 12, 2018, in observance of Veterans Day. G. City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. Vice Mayor Romelus announced City Hall will be closed for the Thanksgiving holiday on November 22 - 23, 2018. H. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding this year's theme of the City's Annual Calendar. Eleanor Krusell, Marketing Director, pointed out the City was currently accepting application for Unsung Superheroes in Boynton Beach. The Unsung Superhero must live in Boynton Beach and not previously been nominated. The nomination application can be obtained by calling the office at 561-742-6019, or online to Boynton - 4 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Beach.org/Superheroes. The deadline for submission was November 19, 2018. The Marketing Department will choose 13 applications for the annual calendar. I. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the City Hall Demo Watch Party. Laura Lansburgh, Marketing Manager, announced the City of Boynton Beach would be hosting a City Hall demo watch party, on Thursday, November 15, 2018 from 4:30 pm to 6:00 pm at the School House Children Museum and Learning Center. The School House Children Museum and Learning Center was located at 129 E. Ocean Avenue. This was a free family event and will provide an opportunity to view the final demolition phase of City Hall which was the last building to be torn down as part of the Town Square redevelopment project. The Children School House Museum will remain open during the construction period. Attendees will receive a buy one get one free voucher for the entrance. Please RSVP by November 13, 2018. Residents must pre -register in order to attend. J. Announce the annual reappointment of those advisory board seats with terms expiring in December 2018. The following boards will have openings: • Arts Commission, • Building Board of Adjustments and Appeals, • Citizens Oversight Committee • Community Redevelopment Agency Advisory Board • Education and Youth Advisory Board, • Golf Course Advisory Committee • Historic Resources Preservation Board • Firefighters' Pension Trust Fund Board, • Police Officer' Retirement Trust Fund • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Vice Mayor Romelus announced the reappointments. Explained the vacant positions and Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk bbfl.us. All applicants must be registered voters in Palm Beach County. Commissioner McCray believed there was a meeting at the Carolyn Sims Center. Requested an update from Chief Gregory. Chief Gregory announced a community engagement meeting on December 5, 2018 at the Carolyn Sims Center. The Police Department will speak patrol boundary, tactics and answering general questions from the residents. Everyone was welcomed. 5 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner McCray inquired about the time of the meeting as well as how this information was being conveyed to the community. Chief Gregory responded the meeting would begin at 6:00 pm. The information was being broadcast over social media. There will be additional flyers and announcements on the website. Commissioner McCray asked if there would be flyers available to the churches and different agencies around Boynton Beach. Chief Gregory affirmed this could be done. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE 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) Charles Kanter, 2905 South Greenleaf Circle, declared he would like to trade his hat for the Commission seat. He was very qualified to become a Commissioner. There has been exponential growth in this community. He has volunteered to be Commissioner McCray's hand in the Community. He Informed the Commission he was the Chairman of the Quantum Park Overlay District. The City has a marvelous City government and he wants to be a part of things which are happening in Boynton Beach. David Katz, 67 Midwood Lane, implied it was his understanding at the October 31, 2018 Special Meeting Commissioner Katz provided evidence that he voted on Shovel Ready, then was hired by Shovel Ready. Mr. Katz provided a time line of the CRA meetings regarding the 211 East Ocean. He never voted on anything for Shovel Ready. Thomas Prakas of Prakas Company was the applicant, not Shovel Ready or their representatives. Shovel Ready engaged Mr. Katz. He indicated at no time did he cast an improper vote or do anything against the law. Commissioner Katz responded he has never accused anyone of breaking the law. The ordinance which prohibits advisory board members from becoming a lobbyist did not become an ordinance until a week ago. Because a company changes name does not mean the company was different. Commissioner Katz reiterated that he stands by everything he said in the previous meeting and was proud of that ordinance. Continued to say, he does not believe special interest should be able to buy the advisory board members. The advisory board members should not sell their positon to special interest. Drew Zuccala, Owner of Zuccala' s Wrecker Service, 633 E. Industrial Ave, has been in Boynton Beach for 40 years. He originally had a contract with the City for towing services. He provided some information regarding nonpayment from the vendor for services provided to the City. One has not paid the City for a year, and the other vendor has not been paid the City for 90 days. Explained he would like to get back into the service with the City of Boynton Beach. (Information provided is attached to minutes) Susan Oyer, 140 SE 27 Way, thanked Vice Mayor Romelus for judging the Seacrest Estates Halloween contest. Asked if Vice Mayor Romelus would be available to judge the I. Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Christmas and Hanukah contest. Ms. Oyer congratulated staff on the Pirate Fest. Everyone stated it was the best Pirate Fest ever. Thanked everyone for the increase in the lighting for the Commission meetings. She asked if the City Charter used the Roberts Rules of Order. Attorney Cherof remarked his recollection was Roberts Rules was not in the City Charter. It may have been in the Code provision or an unpublished Code provision regarding Roberts' rules. Ms. Oyer questioned why the long term vendors were shuffled aside, the long term vendors were not happy with this situation. Eric Corveleyn 1004 SW 16 Street, noted the RaceTrac gas station on Woolbright was an eyesore and something needed to be done. What can the City do to make them look more presentable? A brand new Wawa was approved and coming into the area. He wanted that corner to look nice as well. Vice Mayor Romelus identified Mr. Woods from Community Standards. Vice Mayor Romelus indicated she was in agreement with free enterprise. Vice Mayor Romelus saw no one else coming forward and closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Education and Youth Advisory Board: 2 STU Community Redevelopment Advisory Bd: 1 Reg Recreation & Parks Bd: 1 Reg Vice Mayor Romelus indicated there were no applicants. 6. 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 Commissioner McCray pulled item 6.Q. Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 A. PROPOSED RESOLUTION NO. R18-156 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One, LLC for the 48th Annual Holiday Parade to be held December 1, 2018. B. PROPOSED RESOLUTION NO. R18-157 - Authorize the City to apply for the 2018 Assistance to Firefighters Grant (AFG) for a total cost of $529,282 of which the grant would be $481,166 and the City would match $48,116. C. PROPOSED RESOLUTION NO R18-158 - Approve Task Order No. UT -2C-01 to CDM Smith in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for work in connection with Hydraulic Evaluation of Downtown Stormwater System not to exceed $62,040. D. PROPOSED RESOLUTION NO. R18-159 -Authorize the City Manager to sign a Piggyback Agreement with Caterpillar, Inc. and a Purchase Order for rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP) from Pantropic Power Cat in Miami, FL for a monthly cost of $7,866, or an annual cost of $94,392. E. PROPOSED RESOLUTION NO. R18-160 - Amend the FY 2017-2018 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. F. PROPOSED RESOLUTION NO. R18-161 -Approve the City of Boynton Beach becoming a member of the American Flood Coalition. G. PROPOSED RESOLUTION NO. R18-162 - Approve First Addenda to Agreements to add Scrutinized Companies language to all agreements entered into or renewed on or after July 1, 2018. H. PROPOSED RESOLUTION NO. R18-163 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 1, for the 48th Annual Holiday Parade. Approve the purchase of the Diesel Exhaust Capture System, "Plymovent" for Fire Station No. 3, for an estimated amount of $49,995.00 from Safe Air Corporation of Sarasota, FL as a sole source vendor. J. Approve purchase of four (4) Gear Dryers from Ram'd Air Gear Dryer, Ltd of Brandon, Manitoba, Canada for an estimated amount of $35,799.29 as a sole source vendor. 0 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 K. Approve utilization of the first extension of the City of Tamarac Two Year Agreement R-2016-99 (Bid No. 16-25B) for "Lime Sludge Removal, Hauling and Disposal" with WestWind Contracting, Inc. of Pembroke Park, FL for the removal of lime sludge at the East Water Treatment Plant for an estimated annual expenditure of $95,000. The Finance Department has reviewed and determined that The City of Tamarac procurement process satisfies the City's competitive bid requirements. L. Approve purchasing from Classic Controls of Lakeland, FL for Yokagawa Instrument Products for an estimated annual amount of $40,000 as a sole source vendor. Classic Controls is the authorized dealer for this equipment in the State of Florida. M. Approve utilizing the State of Florida contract no. 41120000 -15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to -exceed amount of $45,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. N. Approve release of two (2) performance bonds provided by First Genesis Lawn Service, Inc., one in the amount of $40,325.00, and the other in the amount of $111,230.00, for landscape maintenance in the City over the last five years. O. Accept the written report to the Commission for purchases over $10,000 for the month of September 2018. P. Approve the purchase of replacement vehicles as approved in the fiscal year 2018- 2019 budget in the estimated amount of $394,142 by utilizing the following contracts: Florida Sheriffs Association Contract #FSA18-VEL26.0 and FSA18- VEH16.0 for nine (9) replacement vehicles. The Florida Sheriff's Association Contracts satisfies the City's competitive bid requirements. Q. Approve the minutes from City Commission meetings held on October 2, 2018, October 16, 2018 and October 31, 2018. Commissioner McCray noted at the October 2, 2018 Commission meeting he requested legal to check to see if any other City or municipalities had any laws like the City of Boynton Beach was attempting to pass. Commissioner McCray confirmed the City Attorney Cherof was in attendance when this information was requested. At the October 16, 2018 meeting the Assistant City Attorney Bridgeman could not provide an update. 4 was stated by Mayor GFaRt when the item iR question was to be voted upon, it should be dene with a full board present. As of October 31, 2018 the City had a Mayor and four sitting Commissioners. This item passed with three people, which was not a full board. He was not satisfied with the way in which this was conducted. A Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Attorney Cherof responded he could not find any City or municipality which had language which was substantially the same as the language which was presented in the City Ordinance. Commissioner McCray indicated someone in the meeting said it was not important. Commissioner McCray implied it was important. The City of Boynton Beach was a member of the League of Cities, Local, State and National. Mayor Grant was representing the City of Boynton Beach. There was no need to reinvent the process. He wanted the question answered before he made any decision on the Ordinance. What was done on October 31, 2018 by three individuals, when it was stated it should be a full board, it should not have been acted upon. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed 7. BIDS AND PURCHASES OVER $100,000 -None 8. PUBLIC HEARING - 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-028 - SECOND READING - Approve the Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15 -foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. Attorney Cherof read Ordinance No. 18-028 by title only into the record. Vice Mayor Romelus opened the matter for public comment. Seeing no one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role 10 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Vote 3-0 (Mayor Grant absent) B. PROPOSED ORDINANCE NO. 18-029 - SECOND READING - Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-003) from Office Commercial (OC) to Mixed Use Low (MXL). Applicant: Exsorro One, Inc. Attorney Cherof read Ordinance No. 18-029 by title only into the record. Vice Mayor Romelus opened to public comment. No one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role. Vote 3-0 (Mayor Grant absent) PROPOSED ORDINANCE NO. 18-030 - SECOND READING - Approve 1320 S. Federal Highway Rezoning (LUAR 18-003) from C-1, Office Professional to MU -1, Mixed Use 1. Applicant: Exsorro One, Inc. Attorney Cherof read Ordinance No. 18-030 by title only into the record. Vice Mayor Romelus opened to public comment. No one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role. Vote 3-0 (Mayor Grant absent) 11 Meeting Minutes City Commission Bovnton Beach. Florida Motion November 7, 2018 Commissioner McCray moved to remove items C, D, E from the table. Commission Katz seconded Vote The motion unanimously passed. C. Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed D. Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18- 001) to construct an office building in a MU -1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, Inc. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion Vote The motion unanimously passed E. Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. Attorney Cherof affirmed this was a quasi-judicial item. Anyone which intended to testify was sworn in. Commissioner McCray disclosed he met with Bonnie Miskel on this item in the past. 12 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Bonnie Miskel, representing McDonald's Corporation, was seeking Conditional Use / Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements at 1701 S. Congress Avenue, directly across South Congress Avenue from its shared location with the Marathon gas station. The building would move from across the street which would improve the traffic congestion. Vice Mayor Romelus asked for a brief presentation of the proposed McDonalds. Ms. Miskel acknowledged the proposed new location was part of a larger site (4.945 - acre), which was originally approved in 2002 for a Walgreens building and attached 4,800 square feet of retail/office space on the north end of the property. The zoning was C-3, part of this was a modification. They exceed the setback requirements, and will be adding to the landscape. The current location has a drive through, there are many problems with the queuing. She continued to say the parcel has continued to sit vacant. Staff has reviewed the request and recommends approval, subject to 12 conditions of approval. The applicant accepts all conditions of approval, including providing a bus shelter. The property would have shared signage. Some renderings of the proposed McDonalds were shown which was compatible with the Walgreens. Commissioner Katz said he spoke with Ms. Miskel and the Planning and Development Board has some concerns regarding the property. Ms. Miskel responded a member of the Planning and Development board would have preferred a gas station. He may not have been aware there was a Wawa going in across the street. There was another comment that this was not the highest and best use for this property. Indicated the McDonalds was a permitted use and was compatible with the Land Use. There was no requirement in the Code that something needed to be highest and best use. One member was not a fan of McDonalds foods, preferring something different. Commissioner Katz understood opinions are subjective with disagreement regarding types of projects which can go on a parcel. Legally that was not permissible. Attorney Cherof responded the staff and City Commission was guided by what was in the City Code and not by opinions. Commissioner Katz stated the project applied with all Code and Land Use. Ms. Miskel confirmed. Staff has agreed the applicant has met or exceeded all the requirements. Commissioner Katz denoted given the fact all conditions have been met, and this was in District I, he was in favor of McDonalds. It was good to see some investment on this corner. Having a Wawa and the McDonalds would upgrade the vacant lot. He does not know what happened at the Planning and Zoning meeting. He appreciated the investment into the City. 13 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner McCray understood the Commission was mandated and guided by the Code, but the Commission was allowed to have opinions. Attorney Cherof stated members of the Commission and members can express their opinion, but in the end, what trumps opinions, was provided in the Code. Vice Mayor Romelus inquired if there was a traffic study done. Ms. Miskel responded in the affirmative. Stephanie Kimble, of Kimley Horne, conducted the traffic study to meet the Palm Beach County Traffic Concurrency Standards of Palm Beach County. The review was being finalized with Palm Beach County. All the standards have been met. Vice Mayor Romelus inquired based on Ms. Kimble expertise, relocating the McDonalds from the current site to the proposed site would be the best site regarding the traffic. Ms. Kimble replied it would improve queuing and prevent the backup onto Congress. Ms. Miskel added this location has better access. It has three access points and has shared connections between the three parcels. The current location does not have the shared connection between the parcels. Vice Mayor Romelus inquired the proposed location will be a stand-alone as well as larger in square footage and footprint. Asked if this would create new jobs. Ms. Miskel responded new jobs would be created. There were 30 seats at the current location, the proposed location would have 67 seats. There would be 30 additional employees at the new location. Vice Mayor Romelus asked are these positions part-time or full-time. Ms. Miskel replied it would be a combination of the two. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed 9. CITY MANAGER'S REPORT — None 10. UNFINISHED BUSINESS - None 14 Meeting Minutes City Commission Boynton Beach, Florida 11. NEW BUSINESS November 7, 2018 A. Authorize the expenditure of $1,000 from Mayor Grant's Community Support Funds to Boca Raton's Promise organization to assist the Boynton Beach Mental Health Committee. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed B. PROPOSED RESOLUTION NO. R18-164 - Authorize the Mayor to accept the Department of Justice FY 2018 Technology Innovation for Public Safety (TIPS) Grant (2018 -DG -BX -K009) and to sign any required documents associated with the grant, subject to the approval of the City Attorney. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray inquired about the grant amount. Chief Gregory indicated the grant was for $465,000. Commissioner McCray asked what the grant can be used for. Chief Gregory informed the Commission this was a grant from the Department of Justice. This grant was to be used for technology to enhance the ability to do analytics as well as deploy sensors in the City. To have a better handle on crime as it occurs, this would allow the department to perform data mining of large volumes of information. Vice Mayor Romelus noted Boynton Beach has been doing a great job. Chief Gregory stated he was here speaking on behalf of those who put in the work to make the grant happen. Vote The motion unanimously passed C. PROPOSED RESOLUTION NO. R18-165 - Approve Resolution Designating Canvassing Board for March 2019 Municipal Election. 15 Meeting Minutes City Commission Boynton Beach, Florida Motion November 7, 2018 Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed 12. Legal A. PROPOSED ORDINANCE NO. 18-032 - FIRST READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. Attorney Cherof read Proposed Ordinance No. 18-032 by title only on first reading. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Commissioner McCray inquired if this was like other Cities or municipalities not allowing for the sale of dogs and cats. Attorney Cherof replied it does have limitations on selling animals. Commissioner McCray asked for those limitations. Ms. LaVerriere responded this ordinance would not allow the retail sale. It does not prevent breeders from selling animals. It was vital to stop the puppy mills from coming into the City. Commissioner McCray asked if this ordinance would prevent the puppy mills from coming into the City of Boynton Beach. City Clerk Pyle called the roll Vote 3-0 (Mayor Grant absent) B. PROPOSED ORDINANCE NO. 18-033 - FIRST READING - Amending Part II. "Code of Ordinances," Chapter 15, "Offences -Miscellaneous," Article I, "In General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement of Noise". Attorney Cherof read Proposed Ordinance No. 18-033 by title only on first reading. Vice Mayor Romelus asked for the layman version. 16 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Attorney Cherof indicated this would tighten up and make more specific rules and regulations regarding the noise or the excessive violations in the City. It enhances staff ability to enforce those regulations. Vice Mayor Romelus thanked staff for working on this ordinance. The City has some issues with the enforcement of the regulation, this ordinance provides enforcement. Motion Commissioner McCray moved to approve with discussion. Commissioner Katz seconded the motion. Commissioner McCray pointed out there was a noise ordinance prior to this one. Attorney Cherof confirmed. Commissioner McCray asked what went wrong with that ordinance. Attorney Cherof noted because of some court opinions, not in Boynton Beach which limited the ability to enforce those regulations. Commissioner McCray asked how many court opinions did the City have. Attorney Cherof responded the City did not have any court opinions. This caused the City to rewrite the provision. Commissioner McCray questioned who was responsible to enforce the provision of the ordinance. Attorney Cherof responded Code Enforcement and Police. City Clerk Pyle called the roll. Vote 3-0 (Mayor Grant absent) C. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB Attorney Cherof requests a closed door section for 45 minutes for the attorney client session for pending litigation regarding SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB. Attorney Cherof suggested December 4, 2018 at 5:30pm. 17 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner McCray inquired if Mr. Kanter was selected for the vacant Commission seat would he need to recuse himself. Attorney Cherof stated he did not believe this would affect him. He would evaluate whether or not he has any conflict of interest if that occurred There was consensus. Commissioner Katz advised it has come to his attention, in speaking with staff it may be legally permissible for the City not to take over the district, but to become the Quantum Park Overlay Dependent Board like they are with the South Regional Waste Water and Treatment and Disposal Board. The Commission are having these closed door meetings and deliberating over ideas and then they are simultaneously having the Quantum Park Overlay Dependent Board that is making decisions and if those decisions conflict, it would be smother in his opinion if they are legally allowed to make the Commission the Quantum Park Overlay Dependent Board. The City would become the board. Commissioner Katz requested a Future Agenda item to discuss if the ordinance can appoint themselves to the board. Vice Mayor Romelus asked if becoming the Quantum Park Overlay Dependent Board was a possibility. Attorney Cherof stated this was a possibility. Attorney Cherof suggested adding this on the regular agenda for a presentation. Vice Mayor Romelus asked if this was something which could be discussed next month with the closed door session. Attorney Cherof stated a closed door was limited in many respects to what could be discussed. It was better to have it as a public discussion. Any interested party to see it on the agenda can give their own points of review. Vice Mayor Romelus requested an option on becoming the Quantum Park Overlay Dependent Board be placed as a New Business item for the next Commission meeting with a presentation by the Legal Department. Consensus for staff to add this item to the agenda. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment — TBD B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park IF Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 C. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. D. Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project - TBD E. Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission — TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 7:46 pm (continued on next page) 19 Meeting Mminutes City Cornmission Boynton Beach. Florida album - - ----- --- - ------- -,4 A. Pyle, CMC It Irk . .. ..... . .. .. . Queenester Nieves Deputy City Clerk ME November'7, 2018 CITY OF BO"C41"ON-Bit"EACH May, r - Steven B. �,Chrjsfilna Romelus Commissioner — VACANT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: McDonald's Restaurant (COUS 18-006 / MSPM 18-008) APPLICANT: Edward Ploski, Corporate Property Services, Inc. APPLICANT'S ADDRESS: 1239 E. Newport Center Drive, Suite 113, Deerfield Beach, FL 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements, located at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 1701 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\PIan ning\SHARE D\WP\PROJECTS\McDonald's 1701 S. Congress Ave\COUS 18-006/MSPM 18-008\DO.doc EXHIBIT "D" Conditions of Approval Project Name: McDonald's 1701 S. Congress Avenue File number: COUS 18-006 / MSPM 18-008 Reference: 3,d review plans identified as a Maior Site Plan Modification with an August 14, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, please rotate the dumpster enclosures X clockwise approximately 20 — 30 degrees in order that waste removal vehicles empty the dumpster and back out without a turning motion. 2. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County prior to submittal for any permits (NOTE: The applicant will be required to comply with X any recommendations outlined in the concurrency approval deemed necessary by the City and will be at the City's sole discretion). 3. Water and sewer lines to be owned and operated by the City shall be included within 12 feet minimum utility easements in accordance with the 2010 LDR, Chapter 4 Article VIII, Section 3.B.4. The easements X shall be dedicated via separate instrument to the City as stated in the Code of Ordinances, Section 26-33(e). FIRE Comments: 4. Please understand this review is for the Site Plan only. The Floor Plan will be reviewed in detail at time of permit submittal. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. McDonalds 1701 S. Congress Avenue (COUS 18-006 / MSPM 18-008) Conditions of Approval Paae 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 5. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to X be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 6. At time of permit submittal, on Sheet C-100, under the "Site Data", please verify the number of handicap parking spaces listed, as there are six (6) depicted on Parcel 1, while the Site Data table only lists X four (4). 7. At time of permit submittal, please depict the required covered bike rack, and the required bench and waste receptacle. X 8. At time of permit submittal, please revise the Photometric Plan to comply with the code maximum allowance of 5.9 foot-candles. X 9. At time of permit submittal, please ensure downspouts are internal or encased in architectural elements. X 10. At time of permit submittal, please provide documentation that all customer areas will have vision glass, and said glass will only have a light tint for visibility into the restaurant. Also, any faux, non- X transparent glass shall be designed to mimic the color of the vision glass. 11. At time of permit application, please remove the note on the proposed bus shelter indicating advertising space. X 12. The applicant shall be responsible for the replacement of landscape material in poor condition or less than Florida Number 1 Quality, including the entire eastern and western buffer, not just within the X leased parcel, and shall fill in of any gaps in both of these two (2) buffers. McDonalds 1701 S. Congress Avenue (COUS 18-006 / MSPM 18-008) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\VVP\PROJECTS\McDonaId's 1701 S. Congress Avenue/COUS 18-006 MSPM18-008\COA post P&D.doc 111 � 1pvt PREPARED 10/31/18, 8:43:00 CUSTOMER ACTIVITY LIST PAGE 1 PROGRAM MR430L CITY OF BOYNTON BEACH FROM DATE .............. 01/01/16 TO DATE ................ 10/31/18 CUSTOMER ID......: 5973 NAME: BECK'S TOWING & RECOVERY INC LAST STATEMENT...: 9/19/16 ADDR: 410 NE STH AVE --PENDING TRANSACTION CURRENT BALANCE..: 25,280.75 BOYNTON BEACH, FL 33435 PENDING..........: .00 PREVIOUS BALANCE.: 25,280.75 STAT: A ACTIVE MISCELLANEOUS ----------------------------------------------- TRANS ------------------------------------- ORIGINAL AMOUNT ------------------------- LAST -- CHG AMOUNT ----- PYMT DATE CODE DESCRIPTION INV # --------------- - - - ------ AMOUNT UNPAID OVERDUE AGE BILL TYPE UNAPPLIED TYPE --------------------------------------------------- 8/16/18 TOWFR TOWING FRANCHI 44630 25,280.75 - ---------------------------------------------------- 25,280.75 30 9/19/16 Z 6/14/18 PAYMENT 25,280.75 9/19/16 .00 AR 5/15/18 TOWFR TOWING FRANCHI 43453 25,280.75 .00 CUR 9/19/16 Z 3/20/18 PAYMENT 25,280.75 9/19/16 .00 AR 2/15/18 TOWFR TOWING FRANCHI 42910 25,280.75 .00 CUR 9/19/16 Z 12/18/17 PAYMENT 25,280.75 9/19/16 .00 AR 11/15/17 TOWFR TOWING FRANCHI 42318 25,280.75 .00 CUR 9/19/16 Z 9/14/17 PAYMENT 25,280.75 9/19/16 .00 AR 8/14/17 TOWFR TOWING FRANCHI 41760 25,280.75 .00 CUR 9/19/16 Z 6/14/17 PAYMENT 25,280.75 9/19/16 .00 AR 5/15/17 TOWFR TOWING FRANCHI 41191 25,280.75 .00 CUR 9/19/16 Z 3/17/17 PAYMENT 25,280.75 9/19/16 .00 AR 2/15/17 TOWFR TOWING FRANCHI 40630 25,280.75 .00 CUR 9/19/16 Z 12/15/16 PAYMENT 25,280.75 9/19/16 .00 AR 11/15/16 TOWFR TOWING FRANCHI 40019 25,280.75 .00 CUR 9/19/16 Z 9/23/16 PAYMENT 25,280.75 9/19/16 .00 AR 8/15/16 TOWFR TOWING FRANCHI 39469 25,280.75 .00 CUR 9/19/16 Z 6/21/16 PAYMENT 25,280.75 9/19/16 .00 AR 5/16/16 TOWFR TOWING FRANCHI 38954 25,280.75 .00 CUR 9/19/16 Z 3/18/16 PAYMENT 25,280.75 9/19/16 .00 AR 2/15/16 TOWFR TOWING FRANCHI 38277 25,280.75 .00 CUR 9/19/16 1/05/16 PAYMENT 25,280.75 9/19/16 .00 AR -------------- TOTAL CHARGES: -------------- 278,088.25 -------------- .00 25,280.75 -------------- --- TOTAL PAYMENTS: 278,088.25 --- --- .00 -------------- REPORT TOTAL CHARGES: -------------- 278,088.25 -------------- .00 25,280.75 -------------- --- REPORT TOTAL PAYMENTS: 278,088.25 --- --- .00 PREPARED 10/31/18, 6:46:00 CUSTOMER ACTIVITY LIST PAGE 1 PROGRAM MR430L CITY OF BOYNTON BEACH FROM DATE .............. 01/01/16 TO DATE 10/31/18 ------------------------------------------------------------------------------------------- - --------------------------- - - - ------ CUSTOMER ID......: 8053 NAME: BLAKE'S TOWING & TRANSPORT INC LAST STATEMENT...: 9/19/16 ADDR: 1300 WEST INDUSTRIAL AVE *=PENDING TRANSACTION CURRENT BALANCE..: 104,125.00 NO. 102 PENDING..........: .00 BOYNTON BEACH, FL 33426 PREVIOUS BALANCE.: .00 STAT: A ACTIVE MISCELLANEOUS --- - --- - --- - ------------------------------- TRANS - -------------------------- ORIGINAL --------------------------------------------------- AMOUNT LAST CHG AMOUNT - --- PYMT DATE CODE DESCRIPTION INV # ---------------------------------------------------------------- AMOUNT UNPAID OVERDUE AGE BILL TYPE UNAPPLIED TYPE 8/16/18 TOWFR TOWING FRANCHI 44629 33,468.75 - ------------- ---------------------------------------------- 33,468.75 30 9/19/16 Z 5/15/18 TOWFR TOWING FRANCHI 43454 33,468.75 33,468.75 120 9/19/16 Z 2/15/18 TOWFR TOWING FRANCHI 42911 33,468.75 33,468.75 180 9/19/16 Z 1/17/18 PAYMENT 2,150.00 9/19/16 .00 AR 1/05/18 PAYMENT 27,600.00 9/19/16 .00 AR 11/15/17 TOWFR TOWING FRANCHI 42319 33,468.75 3,718.75 180 9/19/16 Z 10/05/17 PAYMENT 33,468.75 9/19/16 .00 AR 8/14/17 TOWFR TOWING FRANCHI 41759 33,468.75 .00 CUR 9/19/16 Z 6/16/17 PAYMENT 33,468.75 9/19/16 .00 AR 5/15/17 TOWFR TOWING FRANCHI 41192 33,468.75 .00 CUR 9/19/16 Z 3/17/17 PAYMENT 33,468.75 9/19/16 .00 AR 2/15/17 TOWFR TOWING FRANCHI 40609 33,468.75 .00 CUR 9/19/16 Z 12/15/16 PAYMENT 33,468.75 9/19/16 .00 AR 11/15/16 TOWFR TOWING FRANCHI 40018 33,468.75 .00 CUR 9/19/16 Z 9/15/16 PAYMENT 33,468.75 9/19/16 .00 AR 8/15/16 TOWFR TOWING FRANCHI 39471 33,468.75 .00 CUR 9/19/16 Z 6/15/16 PAYMENT 33,468.75 9/19/16 .00 AR 5/16/16 TOWFR TOWING FRANCHI 38955 33,468.75 .00 CUR 9/19/16 Z 3/16/16 PAYMENT 33,468.75 9/19/16 .00 AR 2/15/16 TOWFR TOWING FRANCHI 38278 33,468.75 .00 CUR 9/19/16 1/13/16 PAYMENT 33,468.75 9/19/16 .00 AR -------------- TOTAL CHARGES: -------------- 368,156.25 -------------- .00 104,125.00 -------------- --- TOTAL PAYMENTS: 297,500.00 --- --- - .00 --------------- REPORT TOTAL CHARGES: -------------- 368,156.25 -------------- .00 104,125.00 -------------- --- REPORT TOTAL PAYMENTS: 297,500.00 --- --- .00 10 1 10/14/2014 staff recommends exclusive listing agreement with Tom Prakas of Prakas & Co for 211 and 480 East Ocean also considers issuing new RFP for 211 Both items were deferred 11/12/2014 CRA Board approves exclusive listing agreement with Prakas & Co for 211 and 480 East Ocean 3/11/2015 staff acknowledges Tom Prakas as a well-known regional restaurant broker Staff recommends Bruce Kaplan of Local Development Comp LLC for 211 East Ocean. No decision by CRA Board 4/14/2015 CRA Director Brooks informs the CRA Board that the P&D Board would need to rule on a major site plan modification if additions to the building (211) were needed Sal Campanile is awarded 211 East Ocean for a pizza restaurant and 30 days is given to negotiate a Purchase & Development Agreement 6/9/2015 CRA Board approves P&D Agreement with Sal Campanile for pizza restaurant 7/14/2015 CRA Board terminates P&D Agreement with Sal Campanile CRA Board approves renewal of exclusive listing agreement with Prakas & Co or, . 1 8/11/2015 CRA Board approves Bruce Kaplan of Local Development Co LLC for 211 East Ocean for a restaurant and to negotiate a P&D Agreement 9/8/2015 CRA Board votes to continue and move forward with P&D Agreement and proposed changes to the agreement with Local Development Co LLC 1/12/2016 CRA Board approves two-month extension to negotiate P&D Agreement with Local Development Co LLC 4/12/2016 New members of CRA Board seated. CRA Board approves major site plan modification for 211 East Ocean as previously suggested by CRA Director at the 4/14/2015 CRA Board meeting 7/26/2016 P&D Board meeting. P&D Board unanimously approves major site plan modification for 211 East Ocean Tom Prakas of Prakas and Co is the applicant. NOT Shovel Ready or their representatives. Michael Simon of CRA staff is present 11/9/2016 CRA Board considers second amendment to P&D Agreement. This is where Shovel Ready becomes the successor in interest to Local Development Co LLC April 2018 Shovel Ready engages David Katz DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Hwy Office Building (MSPM 18-009) APPLICANT: Exsorro One, Inc. APPLICANT'S ADDRESS: 217 N. Seacrest Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Height Exception to construct an office building in a MU -1 (Mixed Use 1) zoning district that has architectural features up to 54'-10" in height, 9'-10" above the allowable height maximum. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: rt.t- DATED: /7 _ 3-SOiy Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 18-001\HTEX18-003 DO.doc EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Hwy. Office Building File number: HTEX 18-003 Reference: 3rd review of plans identified as a Maior Site Plan Modification & Height Exception with an August 20, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 18-001\ExhibitC_HTEX 18-003 COA - PD.doc s.� t �fvnP.ti WEST ELEVATION i t ti EAST ELEVATION COLORED ELEVATIONS 1 320 SOUTH FEDERAL OFFICE BUILDING Khnn� i� ■`r �!ii �o.`o t NORTH ELEVATION — --- -`Wti d ti SOUTH ELEVATION _-j m cr m Poll, COLOR 8 MATERIAL LEGEND MATERVL/COLOR MARKI OPMNTE 1 LIGHT TEXTURE PLANTED STUCCO 9HERWIN WAlIAMS VRIGNAI VAIITE'SW ]W8 ST'L 3 LIGHT TEXTURE PANTED STUCCO SHERWIN WILLIAMS'MINDFUL GRAY SW] 16 J LIGHT TEXTURE MINTEDSTUCCO SHERWIN WILLVVAS'DOVETAIL'SWMIS a MULLIONS.TRELLISPOST.DOOR6WMDOWANODIZEDALUMINUMFINMHSHERWIN FRANE WLLUMS 9RON ORE' SW JDSB architects °s g 6 STOREFRONT GLASS VRRO-SOLARGRAY GLA55 S STOREFRONT GLASS VITRO- GLASS WITH OPAQUE FILM r,^�. 'iiUrva A1� x T ] LOUVER ANODIZED ALUMINUM FINISH SHERWIN WILLIANS'IRON ORE'SW ]OW 8 •... ��.�....,, r f 6 SUN CONTROL LW R—DIZEDCLEARALUMINUMFINISH B TRELLISRAFTER PLANTED ALUMINUM-SHERWINWILLIAMS ` 'MINDFUL GitAH SW ]ale GENERAL NOTES arEaaa k,o .a a� row,. ar» .e a.� wlm,x„aN A w e Aeovneo ro ae euxreo ro Nnrw,ewoxo. Ob ' aueiecr,o eoruroH ee<c.uru*.s arrwvu. WIELtWl— Lae vuv.eo ro wrw rre rucek amucnwcLroeorxrw euwu LL Q N —LEYELI a per, area rrxmwewxa or evE i 0 > 4 k b'ixvx°Eirvro Lwai U d 0° W Ca �Q M. LIS LL Q I=— a O / O g 0W04 o a o• � z g� F 5 m.oz.zole S EAST ELEVATION 2 E 9 k 6 a,. maoFsaN ,�oem„ i e„e auxAvrAwat m.mmu 4 f<DF ch _ — _ _ _ _ _ — _ — _ — _ — _ — _ _ _L79-6' 1 O ^/ 4 �1 mea eenelow ea,exms N g e O O b W [ - - B BUILDING I b ELEVATIONS Q b 4 8 d B A1.2 k 3 WEST ELEVATION Exhibit A LOCATION MAP SE..1 th Ave f •'lu�30 44r--- - _. c 'Riviera'D Snug Harbor Dr �,: 7--z F tin �. intim ' r ;�1f� I ' '1. ; w•� c ,e ,� Via. T womew w R rop,:!T omm�'OFIL E;WOOlbr1 Rd - Legend N TCEA Boundary o zs so 100 o Feet DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Hwy Office Building (MSPM 18-009) APPLICANT: Exsorro One, Inc. APPLICANT'S ADDRESS: 217 N. Seacrest Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Major Site Plan Modification to construct a 10,898 square foot structure and associated site improvements. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MSPM 18-009\Staff Report\MSPM18-009 DO.doc EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Hwy. Office Building File number: MSPM 18-009 Reference: 3r' review of plans identified as a Maior Site Plan Modification with an August 20, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, provide copy of FDOT drainage connection and/or driveway connection permit. X 2. At time of permitting, provide pre/post drainage calculations and a geotechnical report. X 3. Longitudinal grading on Riviera Drive shall be reconstructed to facilitate proper drainage. X 4. Retaining wall shall be offset away from the northern property line so as not to encroach on neighboring property. X 5. At time of permitting, provide cross sections on all property lines X 6. At time of permitting, show the minimum radius for access to the site for emergency vehicles and sanitation trucks. X 7. At time of permitting, show all utility easements and utility lines on the site plan, landscape plans, and water and sewer plans. X 8. At time of permitting, provide an irrigation plan which follows the Waterwise principals. X FIRE Comments: 9. At time of permitting, show fire access turning radii on the site plan throughout the parking area. X POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. 1320 S. Federal Hwy Office Building (MSPM 18-006) Conditions of Approval Paae 2 of 2 DEPARTMENTS I INCLUDE REJECT PARKS AND RECREATION Comments: All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 10. Coordinate with the City's Public Art's Manager to develop a Public Art proposal for the property. X 11. At time of permitting, provide details of the proposed roof -top trellis. X 12. At time of permitting, provide elevations of the north and south facade of the building. X 13. A sign program for the property is required prior to issuance of sign permits. X 14. Revise the sidewalk along Riviera Drive to be a minimum of five (5)in width. X COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MSPM 18-009\Staff Report\ExhibitC_MSPM 18-009 COA.doc Contingency Parking a I SW 1131w 273.15 rr I I 1 1 1 tl l I I I I I I I I .sPACE.4gt>t–.� la arc 1 1PAwyPt YAmgmaa LU -----------p 1T.' 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M 1aa yer-3 aro rPPI aam per M •{,er mfapwM RenrYrl♦ •r1 wq r Pwleee aupq pwniBN. MILLER LAND PLANNING. INC Pr —Fm OCEAN HUDSON. LLC Po— Boyle, oBo.Boyle, Brill. FL 33♦25 ,., O 20 a0' SCAIE 1• • m SITE PLAN SP -1 BAZAR SERIES -LED L SM BAZAR SERIES -LED w • aSa G � s - - - . • � s ti tS G '- � • i L • - cm a m a - - a _ Ts S • --z :L .- 6.8 FPBL UTLItt EASEMENT UTLIfY PER 0.0.0.2027 PG SE 12 jm a.w.,u T08E IBANOONED POLE FIBER fEIER OPTICS RETAL 'may' �'ITx '� b O 311 SERVICE BOK UTILITY POLE UYLITY OfiICE " POLE AT4 6ERVIM BOX PQ RIVIERA DRIVE \ p p \o UM POLE m.n RONALD L. LEVINSON, P.E. 530 S. F-1, I Hwy. Sults N. 4 Laka Worth Fbrlda 33460-4681 Ph: (661)379-5836 F- (561)582-3700 L,A-PE®gm II - FL P.E. NO. 34871 PR -1- 1320 South SITE LIGHTING PLAN �A Highway d e ra �„�,•.,�� LI611nNc FIXTIRE wrN vozr rav FUANr— eo o eRaro caFaalcroR ra xIL.>g Nay Nr. n• scuAnE rAretm OOHLF£lE P(AE HTN NLeLOR RACEIwr - FeL6 61(ALL eE DE51a(® Aro ANGI'"R1® ro wnsrAro leo vPH wro Lobb vee c((APlet loon of r(E: eon RORIDA aiILDIN6 GOLC. K AYYS GU. (SOLID) bROIRO 6•m•.j• w= we reox FRP7IDE INiIIE RIME Pet I•ERS. 5P6L5. GRADE 6010 6RQW [t OOIg10TOR i0 GROIAO ROD Q >re•ewo•o• DRIVe1 eR0.ND ROD 6e4KfILL EIlOAVAT4JN BRA(ION ONtLUIT wTH C1E/Ji LLL - hA10 OQOINT RYPJ rAry POLE MOUNTED ,LIGHTING FIXTURE DETAIL N'aL Q ntANFAG1LriBt SINCE PROJIDE wro IOb Fr.Lcu.ArloFs voR mLe sl6rm NO 66x® 5r LORIDA LIOBE£D EN6nIEec SITE LIGHTING Boynton Beach Florida Data: 6-29-2016 Drawn By: RLL Ch -ked By: RLL Project No.: 160601 Ravl+ad: 6-20-2015 SHEET NO. 1 of 1 E-1 LE�VEI� i LEVEiz � 9 r L£�LLPt ti WEST ELEVATION EAST ELEVATION COLORED ELEVATIONS 1 320 SOUTH FEDERAL OFFICE BUILDING ti -5+ ti A ti .11EL j , r L -L1 1 xr-z• 1x' Lea Lo; y NORTH ELEVATION SOUTH ELEVATION COL &—TERIKLEGEID MARK DESCRIPTgNI IMTERIK/COLOR , LIGHT TEMURE PAINTED STUCCO SHERWIN WBLIAMS'ORIGAMI WHITE'SW 1538 2 LIGHT TEXTURE PAINTED SNOW SHERWIN MLLMAS T,MJ LGRAr SW MIS 3 LIGHTTEMUREPAINTEDSM= SHERMNWILL"S'MO TAIL' SIM MIS architects t MULLIONS. TRELLISPOST.DOORBWMDOW ANODIMDALUMINUMFINISHSHERWM g 8 FRMS WILLIAMS IRON ORE' SW 1039 6 STOREFRONT GLASS VITRO-SOLMGRAV GLA55 B STOREFMNTGLA95 VITRO- GLASS WITH OPAWE FILM 1 LWVER ANODIZED ALUMINUM FINISH SHERWIN WILLIAMS-IMNORE'SW"M ••••••�•,.-. ••.• 8 SUN CONTROL LOUVER ANODIZED CUM ALUMINUM FINISH 0 TRELLIS RAFTER PM-EDKUMMUM-SHERWIN WILLIAMS 'MINDFUL cRwr SW ro,e GENERALNOTES w T°aM.T°,,, - (D a O Q � uai LEyEL= � LLQ Ll 11J 'p 1 `� o 0 w 9 fv a-a N a EAST ELEVATION Z 6 6 H a Fl ff33 p� 1 - y g - -----a - —-—-— -— -—- — - — - — O - `v O IFO LEAL 3g _ s _ o !<-' _ BUILDING �O ELEVATIONS _ v LBIL L l i a A1.2 R @ WEST ELEVATION Exhibit A LOCATION MAP SE12th Ave lu Kn dh W4, Snug Harbor Dr t,,,t 40 "-t, •� Com' -��rr' "7r � f„ 9f:�. � '� '' l`•, Um ' � .:moi _" �► - ''?' � +� �� v. � s-' ,'.. i ��'�._.. -.- � a^',, •"• e �� • �� . �. � ��k F. n', �R''r �*"Rj�r t�'.;�.!'-3..-`+fit"�!�t"'�et?j:4� r� fir' , .. \ ._ � , •:, Y ,'.: , .: � ~,l.'�`_-, . OM _ E -dolbright Rd Legend N TCEA Boundary o zs so 100 v Feet DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS McDonald's Restaurant (COUS 18-006 / MSPM 18-008) Edward Ploski, Corporate Property Services, Inc. 1239 E. Newport Center Drive, Suite 113, Deerfield Beach, FL 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements, located at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 1701 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: / Z'3 levy City Clerk S \Planning\SHARED\WP\PROJECTS\McDonald's 1701 S. Congress Ave\COUS 18-006/MSPM 18-008\DO.doc EXHIBIT "D" Conditions of Approval Project Name: McDonald's 1701 S. Congress Avenue File number: COUS 18-006 / MSPM 18-008 Reference: 3rd review plans identified as a Malor Site Plan Modification with an August 14, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, please rotate the dumpster enclosures X clockwise approximately 20 — 30 degrees in order that waste removal vehicles empty the dumpster and back out without a turning motion. 2. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County prior to submittal for any permits (NOTE: The applicant will be required to comply with X any recommendations outlined in the concurrency approval deemed necessary by the City and will be at the City's sole discretion). 3. Water and sewer lines to be owned and operated by the City shall be included within 12 feet minimum utility easements in accordance with the 2010 LDR Chapter 4 Article VIII, Section 3.B.4. The easements X shall be dedicated via separate instrument to the City as stated in the Code of Ordinances, Section 26-33(e). FIRE Comments: 4. Please understand this review is for the Site Plan only. The Floor Plan will be reviewed in detail at time of permit submittal. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. McDonalds 1701 S. Congress Avenue (COUS 18-006 / MSPM 18-008) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 5. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to X be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 6. At time of permit submittal, on Sheet C-100, under the "Site Data", please verify the number of handicap parking spaces listed, as there are six (6) depicted on Parcel 1, while the Site Data table only lists X four (4). 7. At time of permit submittal, please depict the required covered bike rack, and the required bench and waste receptacle. X 8. At time of permit submittal, please revise the Photometric Plan to comply with the code maximum allowance of 5.9 foot-candles. X 9. At time of permit submittal, please ensure downspouts are internal or encased in architectural elements. X 10. At time of permit submittal, please provide documentation that all customer areas will have vision glass, and said glass will only have a light tint for visibility into the restaurant. Also, any faux, non- X transparent glass shall be designed to mimic the color of the vision glass. 11. At time of permit application, please remove the note on the proposed bus shelter indicating advertising space. X 12. The applicant shall be responsible for the replacement of landscape material in poor condition or less than Florida Number 1 Quality, including the entire eastern and western buffer, not just within the X leased parcel, and shall fill in of any gaps in both of these two (2) buffers. McDonalds 1701 S. Congress Avenue (COUS 18-006 / MSPM 18-008) Conditions of Approval Paae 3 of 3 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. SAPlanning\SHARED\WP\PROJECTS\McDonaId's 1701 S. Congress Avenue/COUS 18-006 MSPM18-008\COA post PBD.doc • c arwl* - N�j7 ---- --- --- ----- E) ------------------------------ i V — ---------------------------- IRI: CL EIE 0 '� Ep 7 1 N 121M c Cl F�3 FLOOR PLAN FLORIDA E5UlL[)lNG CODE DATA <EY NOTE SYMBOL LEGEND ERR El::-- .- — — — D.E.------ 51A 'ILLcD�eDiIDx =-I. 11 E] T— L- GENERAL NOTES —1 'TEX 'A _TE E_E,7T,=.== 1. T— D -1 IE E------ 4p- 16nwc - m SFE —I— —A 1 -.1 I—E —A L"I* �HG &TO PROPOSED ROAD SIGN ON CONGRESS AVE Note: In the future when new tenant comes in the parcel south of the McDonald's parcel, the sign will be revised to add a new Panel to the sign. 07 = 30 SQFT 3'x10'=30 SQFT OAH: 8' TOTAL SQFT: 70 "MEASUREMENTS ARE ROUGH ESTIMATES, NOT BASED OFF ORIGINAL SURVEY "IMAGES ABOVE ARE FOR VISUAL PURPOSES ONLY; NOT BASED OFF SURVEY "` THE SIGN WILL BE CHANGED TO ACCOMMODATE ANY FUTURE TENANTS, BY SHARING A PANEL FOR THAT NEW BUSINESS ��^ 1740 HILL AVENUE CUSTOMER: SAL��A�.Qly REVISION: nw ARM" �aww MCD'BOYNTON RELO" STEPHEN KEMP x;00.00.00 �� WEST PALM BEACH FL C Qo ,,,,, o ai00.00.00 -- -- SWC OF CONGRESS AVE DRAWN BY: HEATHER COLLAZO xi 00.00.00 33407 g WOOLBRIGHT RD SCALE: AS NOTED x, 0000.00 SIGNS AND SERVICE 561-840-6382 BOY NTON BEACH. FL DATE DRAWN: CUSTOMER APPROVAL: DATE: (FAX) 561-840-6385 06.27.18 ix0 EXISTING ROAD SIGN WOOLBRIGHT & CONGRESS PUR PEPS NICEWAl h 11.99 ue 31NS10 - APR S1.79 EXISTING ROAD SIGN PROPOSED FACE CHANGE WOOLBRIGHT & CONGRESS i Tx 10' x-30 SQFT 17.9 SQFT ..w ,ww am w•� 1740 HILL AVENUE WEST PALM BEACH, FL. QU$T9_MER; MCD "BOYNTON RELO' SALES PERSON:C STEPHEN KEh1P o ."; •`''•"" •��" • REVISION:AV •� 00.00- SWC OF CONGRESS AVE DRAWN BY: HEATHER COLLAZO •.•s•. •. :100.00.00 AM �� 33407 & WOOLBRIGHT RD SCALE: AS NOTED 106.27.18 w 00 00 ul0oo0.00 SIGNS AND SERVICE 561-840-6382 BOYNTON BEACH. FL DATE DRAWN: - — - CUSTOMER APPROVAL: DATE: (FAX) S61-840-6385 C] z. 0 >, 9 CU- _,� I I a'�':�:� I ' I A J . 41 VF !' PLAN WIN p$p$fy f _ _ 6YBiiiF6 0 F�jFF�f ,E��pi�li e s� a o � � o� 4 ry orow er wane ..c 3 .aanlu .la .oR.o-aRrw:.l. 6 .oecue �re� ➢ e...»n c�ere..�� € � i a o i � I 4 ow " ELEVATION -REAR ELEVATION -LEFT SIDE ELEVATION -RIGHT SIDE ELEVATION -FRONT Fa l, 3R I/S• . I' -m• Vf• . 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IPCP39761 QQg� Z LU _ O0° b "� RNnME TONE: sneoL RUNn a,Nno wMlalY. rs EPA lV P0.L TYPE: wN1aT' o g Z L-BMN-IBFY-TI-IMV- s SOLPL w TSTMC 1. 2r an Ep iGeL so iRWPERw 2.GD Q ,m..�..o... ,..w .,........mw..w.^. ""•••••••• BEFOREbVO1l DO lu i C } U - -0 G SOL I ITT—. 7 1.00 irs TE LIW m {5 aa mmlw 1 ITT-- 20o mG SG5O0R I I NDre: KEY EXISTING MATERIAL 1. SOD IN SW'AI.ES AND ALONG PERMIETER SIDEWALKS EXISTING TREE CANOPY CLOSE TO OR SHALL BE WEED FREE. HEALTHYAND GREEN AT TIME EXCIR COCOPLUM HEDGE 36'� HT. O WITHING LIMITS OF WORK OF INSPECTION. EX N DV•F ILEX Z EXISTING SOD IN GOOD CDNDTION MAY BE PLACED ON EXJM WAX JASMINE ' A WEED AND FEED PROGRAM WITH A CONDITION OF EXISTING PALM CLOSE TO OR WITHIN LIMITS .APPROVAL UPON INSPECTION BY THE CT' ARBORIST EXISTING TREE/PALM ON ADI. OF WORK IN 3 IIONTHS OR ON APRIL ISTR TBU. PROPERTY J. ALL EXISTING SHRUBS NOT FL NO. I QITALITV AT . . TIME OF INSPECTION DUE TO LEAF COLOROR 1% FED Iuu ®ten two 0s sff ' INFESTATION SHALL BE APPROPRIATELY FERTILIZED aE Y.ivOr. c>:nnAmI d :AND OR C'LE.A.NED AND PRUNED. pr qgp NOTA PART . _ EA9tY� �gwnugDi�rta10 � e •;s VOTER J StY MPv LIE i.nwrxa�� — ��Fxls(NGY O�IIO•W I�p r110rWY , � , 1. ALL LANDSCAPE AREAS SHALL BE MULCHED t+¢n °RO°�^ p J -1, WITTI GRADE•A•NATI RAL PINE OR C:A EUI.ATTUS -. L ALJ.SHRLB.S?RP.ES IN POOR CONDITION OR LESS THAN FL NO. 1 ••-`o e•. QCALHI SRALL BE REPLACEDWITH SAMESPECIESAND SIZE ••_- 1 "••- ' '••••••¢ OC[:(Mc caw�o•• ••'• ^ lsj+ IDYL A IOR EQCINALEN TI m Ila S. LL M'LC HED PLANTER BEDS SHALL. BE 1,TP17 1• BELOWx + O THF. TOP OF CPRS - •lT a CONTRACTORSII.ALLAMR'STOR ADD IRRIGATION EQUIPMENT ••• • •• A^` ' " , o TO ENSURE ALI.IA;SDS('APE MATERLf IS RE('IEVE IM%(b\"ERAGF F'X'� `- o - -P1LM -- - -- - -' ------ - ---_- _•-__-_�%T � S. REFER TO SHEET IR -1 AND FR -2 FOR IRRIGATION DESIGN. DETAILS AND J ,� "d�� -- -- •-� - - - — -� �s - IYARIIE SPECIFICATIONS _ _y _ _— _ _x _ _ _ _ _ _ _ _ _ . _ .t _ _ _ � PHASE I ~Y n a,, e t;: yPw. uNo ter'`—�• �.I �J�. • �� II 1 ■1��1111111111��1111111111�� 'o 41 i � 1 _ 11H■ r2 FUTU PHASE 11 RE RETAIL QVMULTI-ST• • Li ®■ mmmmm nommmmmmmmmi — � oasnxc mff r NOTT.: ALL TRF. F.S IrTALLANDABOAT SMALLSMALLRL A MIN.4' CAL S/EASI'RED AT S' ABOVE GGRADE. • AL1. PROPOSED TREES ARE SPECIFIED IN DBH ATA SON. OF3• TO ENSURE A L• CAI. IS ACHIE\"ED. LANDSCAPE DATA CITY OF BOYNTON BEACH mnznc: nz rorawmm ro00su1. r�vnnWwa ¢Pmaurr. nsa0x �Ym�nm r r\s. r•.urnzcwmo oz nrrn-a r. usw+n-u �rga�m IOE�Y ,nnm.s Yrm.s�apm[Y e mnrn-. eupnm � mn�..x xrWixtm •� MIN. OF 10'S P TO .p UNDER GROUND UTILITY LIRN B M AGn III III i i ' AOA. W m.....,. ...a,ao... LL SHEET TRU: LANDSCAPE PLAN V ! W J Q> LL J N (.J Q W z z Do O 0 O Q (A Z T U T DoT SEAL: LOCATION CODE 002650 scut: r_zo• DATE DRAR4E 3/26/19 9EET NO. L-1 esu HE PAVMG QR Nq AND DRAINAGE NOTES AOgT10NN. DRAINAGE NOTEdw[rw wwa. nµnd Arun nrtv n.wcna uoo�a.��nuure WOOLBRIGHT ROAD 1 I�za Pueuc RIONTO—) ------------------J-------------- I I ba 1�. W W CO 3 Z� ° = I I I I Z._ .rte - _ - - PAVMGI GENO C .www.. Q ee"S w rww..dd = ixe � fi�ygyp� dy � n3 " bs BEFORE V W M In TE LAW. GIAl e11 r"arr. z Z� ¢a w z Q �z C-200 TREE LE N .E TREE LEGEND w, x a �a.0A�61 srm _ rI r,nr-.�•�e x•°'u'��tipr.w.-x �..nr .a„41eeu�m 4•. ...^ � LOCATION SKETCH 'I e: 4.m�R.rr .. r.•«,_T WOOLBRIGHT ROAD j� S rb I, iwPceLlc RICHT of rr ., a .ti -d ' -_------ ,■T.xl ,♦ LEGEND F �� __. LEGAL DESCRIPTION: �'• + i I °ROM RNA ea=Tyr m tlu M Rwal b-iar n M '1®. I« -.r. wE�dk, V tl"^ioYaO sM �� I pei w nu w rwww a Mn BTI, uW. near JLTL ' U o ❑ • ■uB nu �� oo•'or °bT�NRp rx-nL'aa r°�il x. a15wnro�� i•ixl M b ur ru.. T� � I �}FglMsa,u lxuw Ma crop,' 1 0-��[ VIIOI r o. c SURVEYOR'S NOTES: 0 � Q'(•� �0 ' - � y tL °we a imsw c s� 11rn '� '^'-,u m«r I ,� t1) M tl. ? • f • B'rim %r- V � 3K 1 NoT-1 o s I I ' W I lm r nMB.Bruu .wa.a rmryy N •.trwr wry _. eor. _ I �.. rr.• xrt « t a. n .. r I 666"' ,. ..� >ti ww • .rs m r ...w,r a r. •wl...n rw.. I,..., ...w. .®n.+x .,.. - '�' w". LEGEND ..r . w s..a 8 t s .°.r .I f f f • W Lu SURVEYORS CERBFK:AIgN TO: r •� -� -• _ "-� ■ IA • ul O fJ .,n s lam_ *•�, w I « �M:NV\ I .: I I Q FOPTW. LEAVY SKILES. INC.. LBie53 ' p • I J I 1 i:' ��I LfJ � ' I I I I � I J11 ; ..._.. �� . • 'f t;11 Burwc ecru a u w yy o /fR Y I ,, I>I P�T � �PA�E=�� III , R;• ¢ uj / I ' ��: , .�� I' 1 _I� - I • I'll t Iz `.yaw• .r ISI ALWAYS ` . I �J1•try/ ) . BEFORE YOU DIG �... / ✓ m+� . �-craRt•i• :Rii� �� 3 sJ L� �I n,.. n...nu. _Muw tS y�•_ F � _ ___ - _ �. ■ www.rrlblmNnrsan ��ToeBl ' .• 1 �. �. = �E■R� •�, } ■!y it - M _�L � � l � R -'I _t • I ,I � Y � BB9Y I-�j}-�'{�� L.I— II I BN•AtBMBR. RLL T' ,9' •I I I , .! ." IL I 1 I II li I. a I f .:a I .• MCDONAlD5 u �'--•'° WOOLBRIGHTBCONGPESS Y tT10J • �.,.._�.---, '� 166150UTH CONGRESS AVENUE `1✓ ru x. �e r.ucs BI BEACH PALM BEACHEACH COUNTY. FLORIDA LC:OU}2550 WOOLBRIGHT ROAD "_=GH ov win=- - - L7-- --, ----- —----------J-- ---:------ 000000 a000aoo� i. Ilii + —_------- I 1111 I I I I I I I I I I I I I I I FFII It] , I I TRACT C I I I I i aL -17 p1AVHIC SC.LE W MT o s� 11 L J S Z Q J n W f— U) C-100 Exhibit A LOCATION MAP It , MI. rq' qF �F .� nWoolbrig es IF -4 F F ?v J. es. SITE IF ',�� K � .! •moi "�'• � ! �A n.� h iy a, N 0 30 60 120 0 Feet SO C P S EXHIBIT C CORPORATE PROPERTY SERVICES July 2, 2018 Mr. Michael W. Rumpf Director Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: STANDARDS FOR EVALUATING CONDITIONNAL USES McDonald's L/C 009-2650 SW CORNER OF WOOLBRIGHT ROAD & CONGRESS AVENUE Boynton Beach, Florida Parcel Control Number # 08-43-45-31-17-002-0020 Corporate Property Services Project Number: 1711-39 Dear Mr. Rumpf: The subject site 1.294 acre site is located near the southwest corner of Woolbright Road and Congress Avenue. The purpose of the application is to request approval for the development of a McDonald's restaurant with a drive-thru. The property is zoned C-3, Community Commercial, and has a LRC -Local Retail Commercial Future Land Use Designation. Based on the current zoning district a restaurant with a drive-thru requires a conditional use approval. Therefore, a Conditional Use Application is hereby submitted, based on the following criteria: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Response: The subject site is located within the master planned Woolbright Plaza. The northern phase of the development is constructed along with the overall parking is constructed for the project. The Woolbright Plaza development has a recorded Declaration of Easements with Covenants, Conditions and Restrictions which permits, ingress and egress overall paved driveways and sidewalks. The McDonald's has access to Woolbright Road to the north through the Walgreen's portion of the development and also access to Congress Avenue just northeast of the proposed McDonald's building and south on the access frontage driveway which connects to office building south of south phase parcel. The McDonald's restaurant has (3) access points in case of fire or catastrophe. The McDonald's project is required to construct a south bound right turn lane at the existing driveway connection on Congress Corporate Property Services, Inc. 1239 East Newport Center Drive - Suite 113 - Deerfield Beach, FL 33442 Tel: 954-426-5144 - Fax: 954-570-3391 Land Use Planning - Permit Expediting - Project Management 0_11 C P S CORPORATE PROPERTY SERVICES Avenue. Based on the discussions and meeting with staff, the site plan has been prepared on this dialogue and will provide safe ingress and egress to the proposed use, for both vehicles and pedestrians. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1 above, and the economic, glare, noise, and odor effect the conditional use will have on adjacent and nearby properties, and the city as a whole; Response: The proposed off-street parking layout will not have any adverse impact on economic, glare, noise and odor of the commercial and office uses to the north, east and west of the proposed McDonald's parcel. The proposed building far exceeds the Land Development code required for required front and rear setbacks. The property is currently developed without a building. The original approved building use was never constructed. There are no significant impacts to the adjacent and nearby properties and the City as a whole. The parking area adjacent to western property line is buffered by an existing 5'concrete panel wall and has mature trees and landscaping on the west side of the wall which provides a visual and noise buffer to existing multi -family residential units west across the existing lake. The McDonald's will not have a designated loading area. Deliveries will be made adjacent to the north side of the building in non -peak customer service times. A request to the City Engineer is being submitted to delete the loading zone requirement for this project. 3. Refuse and service areas, with particular reference to the items in subsection C.1 and C.2 above; Response: The two (2) proposed dumpsters are located at the rear of the building and are not visible by the general public along Woolbright Road and S. Congress Avenue. The dumpster are designed to meet Land Development Code requirement for proper back-up service of 60 feet. The dumpster and service area for the proposed McDonald's is buffered along the western property line by a 5' concrete panel wall and mature trees and landscaping on the west side of the wall to provide a visual and noise buffer. 4. Utilities, with reference to locations, availability, and compatibility; Corporate Property Services, Inc. 1239 Last Newport Center Drive + Suite 113 o Deerfield Beach, FL 33442 Tel: 954-426-5144 - Fax: 954-570-3391. Land Use Planning o Permit Expediting • Project Management CPS CORPORATE PROPERTY SERVICES Response: Adequate infrastructure for water, sanitary sewer and drainage already In place within existing Woolbright Plaza development to serve the 4,490 square foot restaurant with a drive-thru. Underground electric and telephone service is available. 5. Screening, buffering and landscaping with reference to glare , traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response: The McDonald's parcel within the Woolbright Plaza development has an existing 5'concete panel wall along the western boundary of the property. On the west side of the wall are mature fichus trees and landscape buffer. This provide excellent buffer against noise and glare. Along the eastern boundary are mature oak trees along Congress Avenue and additional landscaping to buffer the McDonald's restaurant from Congress Avenue. The City of Boynton Beach Comprehensive Plan Future Land Use Map indicates this area for LRC - Local Retail Commercial. The proposed McDonald's restaurant meets the future land use goal to enhance the city's aesthetic appeal while supporting a vibrant economic tax base. The proposed conditional use request will be in harmony with the general character of the surrounding area. The site plan, landscape plan and architectural elevations will protect the neighboring property values by enhancing the aesthetic appeal of this area. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response: The proposed McDonald's will have one monument sign along Congress Avenue and the building exterior lights will not impact glare or traffic safety. The parking lot lighting will provide a safe lighting level for the restaurant and will not spill light off the property. The projects signage and lighting will be in harmony with the adjacent and nearby properties. 3 Corporate Property Services, Inc. 1239 East Newport Center Drive • Suite 113 . Deerfield Beach, FL 33442 'Fel: 954-426-5144 s Fax: 954-570-3391 Land Use Planning • Permit Expediting • Project Management CPS CORPORATE PROPERTY SERVICES 7. Required setbacks and other open spaces; Response: The proposed McDonald exceeds zoning code setback requirements: Setbacks Required Provided Front (build to line) 20' 170.8' Rear 20' 152.8' Side Interior (south) 0' 22.0' Side Interior (north) 20' 51.5' 8. General compatibility with adjacent properties, and other property in the zoning district; Response: The subject site in bounded on the north by a Walgreen's & retail use, on the south by two (4) story office buildings. On the east it is bounded by Congress Avenue which is a 6 lane divided arterial roadway with commercial retail uses east of the McDonald's site. The commercial uses are north and south of the McDonald's on the east side of S. Congress Avenue. The west the site is bounded by a large lake and multifamily residential development. The McDonald's parcel is buffered from the multifamily residential development by a 5' concrete panel wall along with mature fichus trees and the landscape buffer on the west side of the wall adjacent to a lake. The proposed commercial use is compatible with the existing, abutting commercial uses. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as whole; Response: The proposed McDonald's restaurant is just below 20' in height and is similar to the height of adjacent building surrounding the site. The color pattern of the building is also similar to the surrounding commercial buildings. The proposed McDonald's restaurant is compatibility with its neighbors and general architect theme of south Florida and the City of Boynton Beach. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Response: The site is currently vacant parking lot without a building and is located between a Walgreen's Pharmacy and Multi -Story office building. This property invites illegal parking of vehicles and trash dumping. The 4 Corporate Property Services, Inc. 1239 East Newport Center Drive o Suite 113 • Deerfield Beach, FL 33442 Tel: 954-426-5144 o Fax: 954-570-3391 Land Use Planning • Permit Expediting � Project Management 011CPS CORPORATE PROPERTY SERVICES proposed McDonald's restaurant use will improve the property through the use of attractive architectural and environmental landscape designs. The proposed restaurant will meet the meet the demands for residents as well as those who work in the area. The drive-thru provides an alternative to those consumers on the run. In addition, this establishment will provide employment opportunities, as well as added tax revenue to the City 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed us zoning district or redevelopment plan; N/A 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance and City code of Ordinances Part II, Chapter 15, Section 15-8; and Response: The proposed McDonald's will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way. It will not interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter. Toxic or noxious matter; odors, glare, heat or humidity radiation, electromagnetic interference, fire or explosions hazard, liquid waste discharge or solid waste accumulation will not be generated by the proposed McDonald's fast food restaurant with drive-thru. Hazardous/Toxic Waste and substances are not produced or used by the proposed McDonald's restaurant. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishment shall include the following analysis performed by a certified acoustic engineer: N/A The proposed change in this application provides for a use that is permitted within the existing zoning district, and is in compliance and within the scope of the uses and request(s) specified in the Zoning Hearing and the conditions imposed as listed in the Resolution. Also, this application complies with all requirements of the applicable restrictive covenant, as no covenants are requested to be modified or canceled. Based on the foregoing, the applicant 5 Corporate Property Services, Inc. 1239 East Newport Center Drive a Suite 113 e Deerfield Beach, FL 33442 Tel: 954-426-5144 o Fax: 954-570-3391 Land Use Planning » Permit Expediting • Project Management C P S CORPORATE PROPERTY SERVICES believes the proposed plans are in substantial compliance with the controlling plans approved at public hearing pursuant to Resolution No. 4ZAB-122-89. As such, the applicant respectfully requests your favorable consideration of this application. If you have any questions or require additional information, please do not hesitate to contact me. Sincer, ly, / Edward P. Ploski, Agent for McDonald's Corporation Enclosure 6 Corporate Property Services, Inc. 1239 East Newport Center Drive • Suite 113 • Deerfield Beach, FL 33442 Tel: 954-426-5144 • Fax: 954-570-3391 Land Use Planning - Permit Expediting • Project Management