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Minutes 01-09-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BO~NTON BEACH, FLORIDA, TUESDAY, JANUARY 9, 1990 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Murray Howard Gary Lehnertz Daniel Richter Carl Zimmerman Dee Zibelli, Alternate Denys "Sam" DeLong, Alternate Tim Cannon, Interim Planning Director Jim Goldent Senior Planner Tambri Heyden, Assistant City Planner Chairman Walshak called the meeting to order at 7:30 P. M., followed by the Pledge of Allegiance to the Flag. He recognized the presence in the audience of Commissioner Lee Wische; J. Scott Miller, City Manager; Don Jaeger, Building Official; and Richard Gram, Chairman of the Community Redevelopment Agency-Residential. Chairman Walshak then introduced the City Staff and Members of the Board. AGENDA APPROVAL Mr. Richter moved to approve the Agenda as submitted: Mr. Howard seconded the motion, and the motion carried 7-0. APPROVAL OF MINUTES Minutes of December 12~ 1989 Mr. Blanchette moved, seconded by Vice Chairman Collins, to approve the minutes as presented. Motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS Comprehensive Plan Mr. Cannon informed the Members that this is the week the State Department of Community Affairs (DCA) is supposed to find the City's plan in compliance or not in compliance. They will contact Mayor Moore and him. Several days after- wards~ a news release will be in the paper. If there is an exhaustive list of comments, Mr. Cannon said the P&Z Board will receive copies. It will ultimately be between the DCA and the City Commission with the City Staff's assistance° - 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 OLD BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE t. Project Name: Agent: Owner: Location: Description: Palm Beach Leisureville Recreation Center %3 Siteworks Architects and Planners, Inc. Joseph & Alfred Campanelli S. W. 13th Avenue at S. W. 20th Street, southwest corner Request for a variance to Sections 5-142(i)(1) "Standards" and 5-142(1) "Parking Lot Striping" of Article X - Parking lots Mr. Golden informed the Members the site plan has still not been completed, but he expected it next month. Mr. LehnertZ moved to CONTINUE this item until the regular meeting of the P&Z Board on February 13, 1990 at 7:3~ P. M. Mr. Howard seconded the motion, and the motion carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS CONDITIONAL USE 1. Project Name: Agent. OWner: Agape Bible Church Reverend Arnold Thompson Terri C. Hausman Andrew R. Hausman Location: East side of Old Dixie Highway, ~north of Gulfstream Boulevard Legal Description: Description: Lot 47, Amended Plat of Trade Winds Estates, according to the plat t!hereof recorded in Plat Book 21, Page 73, Public Records of Palm Beach County, Florida Request for conditional use and site plan approval to allow for the estab- lishment of a day care center in connection with a proposed church Ms. Heyden made the presentation. The Planning Deparitment recommended the project be approved, subject to the staff - 2 - MINUTES - PL~/~NING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 comments attached to the original copy of these minutes the Office of the City Clerk as Addenda A-1 through A-5 inclusive and to the following comment: Police Department "Stop sign and traffic control devices needed on site plan." Public Works Department "Extend and widen turnaround and show dumpster enclosure details." Forester/Horticulturist "Required hedge must meet 30% native species requirement for shrubs~ Chairman Walshak referred to the comments in the memo dated January 3, 1990 from Ms. Heyden to the Board (Addendum A-l) and said if the Planning Department felt there should be hedges there, maybe as part of the conditional process, the Board should suggest hedges. Mr. Golden explained that the comment concerned screening because of the different uses on adjacent property that may not be compatible with the children in the play area. Pastor Arnold Thompson, 3892 Cortez Lane, Delray Beach, FL 33445, was in agreement with the staff comments. He was also in agreement with the comment just made about shrubbery and told Chairman Walshak he had been thinking of doing that. Pastor Thompson drew attention to the second paragraph under paragraph 4 on page 4 of the memo from Ms. Heyden (Addendum A-l) . He read that a special assessment could be levied and collected from adjoining or other benefiting properties so the City may extend the sanitary sewer to serve the subject property. If the City could do this, Pastor Thompson said it would be appreciated because they have been exploring ways in which this could be done. Mr. Cannon clarified that a condition of the approval of the application would be that the applicant tie on to the gravity line to the south. Since all of the properties along Old Dixie Highway are without sanitary sewer, probably tke best solution would be for the City and Palm Beach County !to jointly set up an assessment district so that all of ithe properties along Old Dixie Highway can pay their fare! share. Mr. Cannon informed Chairman Walshak they would have !to get approval from the City Commission to approach Palm Beiaeh County and ask the County to enter into an agreement ~ith - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 the City whereby the County would set up taxing units for the unincorporated properties and the City would set up a special assessment district for the properties within the City. Chairman Walshak understood two motions should be made on the application, (1) on the conditional use, and (2) if the Board grants the conditional use, they should request the City Commission to set up a special taxing district for the purpose of putting in a sanitary sewer line. Discussion ensued. If the special taxing district did not go through, Mr. Cannon said the applicant could still put in his own sewer line. There was further discussion about the assess- ment district and the staff comments. Mr. Blanchette reminded the Members that they annexed many p~eces of property in this area, and he questioned whether this was the first time the sewer came up. Mr. Cannon answered affirmatively and explained this was the first instance where a lot of sewage would be generated. Discussion ensued about the existing sewer line and the expense of the extension to property owners. Vice Chairman Collins wondered how the owner would find how much money he will have to come up with. Pastor Thompson replied it was about $43,000 six months ago. out If the Board approved the conditional use predicated on staff comments, and the taxing assessment did not work out, Chairman Walshak said the conditional use would fail. He added that Pastor ~ompson would still have the alternative of putting in the sewer line without coming back through the process. Mr. Blanchette questioned whether the church had gone to the Health Department, and he stressed the importance of this. He also mentioned drainage and stated a lot of questions were unanswered at this point. Mr. Golden interjected that the Utilities Department did not feel the applicant could meet the Health Department's criteria with a septic tank. Chairman Walshak asked if anyone wished to speak in opposi- tion to the application. There was no response. Chairman Walshak asked if anyone wished to speak in favor of the application. A woman in the audience wished to give her support. THE PUBLIC HEARING WAS CLOSED. There was discussion about the Health Department, a building permit, and the staff's recommendation. - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 Mr. Richter moved to approve the request for the church to proceed with its church and offices and to modify the request for conditional use to not allow the day care center until the clarification of the sanitary sewer and Health Department approval is obtained, subject to all other staff comments. Mr. Blanchette seconded the motion. Discussion ensued about the motion. Mr. Cannon advised the church and offices had been approved. This was a conditional use approval for the day care center. After further dis- cussion about the motion, Mr. Blanchette removed his second to the motion, and Mr. Richter withdrew his motion. Motion Mr. Richter moved to approve the conditional use to allow for the establishment of a day care center in connection with the proposed church, subject to staff comments, includ- ing the requirement for a sanitary sewer and the approval of the Health Department. Vice Chairman Collins seconded the motion. As requested by Chairman Walshakt the Recording Secretary repeated the motion, and the motion carried 7-0. Motion Mr. Lehnertz moved to recommend to the City Commission that they investigate negotiating with the County Commission for a special assessment district to extend the sewer lines to the parcels surrounding this property. Mr. Blanchette seconded the motion, and the motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLAT Project Name: Agent: Owner: Location: Legal Description: Shoppes of Woolbright Stanley Consultants of Florida, Inc. Tradewinds Development Corp. North side of Woolbright Roadt west of Interstate 95 Part of Woolbright Place Planned Unit Development (PUD), being a replat of a portion of Lake Boynton Estates Plat 3 (P.B. 13, Pg. 53), together with a parcel of land situate in Sec. 29, Twp. 45 South, Rge. 43 East, City of 'Boynton Beach, Palm Beach County, Florida MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 Description: Request for the approval of the construction plans and preliminary plat which progide for the construction of infrastructure improvements to serve a 34.21 acre Planned Commercial Development Mr. Cannon apprised the Members that most of the staff comments concerned the completeness of the submission. The applicant submitted water, sewers paving, and drainage plans only for the parcel occupied by Home Depot. The entire Planned Commercial Development (PCD) has been platted. Mr. Cannon said most of the more serious comments came from the Engineering Department. Either Tradewinds would have to submit complete drawings showing all parcels served, or they would have to restrict the size and the extent of the plat to that property served by Home Depot. If Tradewinds decides to choose that route, Mr. Cannon said they would have to revisit the traffic studies since only one traffic study has been approved for the entire PCD and PUD combined. Mr. Cannon referred to a comment regarding zoning on the northern five acres and the fact it is not currently zoned PCD. Tradewinds will be coming back with a zoning applica- tion to bring that into the PCD. Mr. Cannon called ~tten- tion to comment I e) in the memo dated November 8, 1989 from Roger Kuver, Acting Assistant to the City Engineer, w~ich said no building permits shall be issued unless and until platting. He referred to the Planning Department's memo of January 4, 1990, which urged the City Commission to allow them to get a building permit for Home Depot. Mr. Cannon explained there is an obscure provision in the subdivision regulations which is referencing their comment 4, which allows the applicant to get a building permit if the Techni- cal Review Board (TRB) approves the site plan~ The TRB had approved the site plan. Mr. Cannon further commented. Mr. Cannon stated the Planning Department's comment $1 repeated the language of the agreement between Tradewinds and th~ City. He further explained his memo of January 4, 1990 (Addendum B-5 attached to the original copy of these minutes in the Office of the City Clerk). Approval was recommended subject to the commeqts attached to the original c6py o~ these minutes in the Off~¢e of the City Clerk as Addenda B-I through B-5 inclusive and to the following: - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 Building Department "1. South Florida Water I~anagement District permit or exemption letter is required. 2. Lake Worth Drainage District permit is required." Fire Department 'The Fire Department requires access to the site and withln the site be maintained. Daily permission required to burn in the pit ~nd the pit must be inspected before initial use and when changes in location occur." Forester/Horticulturist "The applicant must submit the requirements of the Tree Preservation Ordinance ~81-21. The applicant has also been notified of the existence of gopher tortoises, a protected Florida species, on the site° These animals must be addressed according to the State of Florida Department of Fisheries & Game Guidelines. Prior to issuing a clearing permit, the above two issues must be completed." Joseph Walton, Consulting Engineer, Stanley Consultants of Florida Inc., 2000 Lombard Street, West Palm Beach, FL, agreed with Mr. Cannon's memo. He wished to clarify that all plans for the Home Depot site were submitted, reviewed and approved either by the Engineering Department and/or the Utilities Department for water and sewer. The two or three memos from the Engineering Department pertained to (1) the access to the site, which is S. W. 8th Street, and (2) platting more land than they were developing at this time. Mr. Walton said the only reason S. W. 8th Street had not been designed and submitted to the City was because of the settlement agreement and the meetings on resolving the requirements for the design of S. W. 8th Street. He hoped those would be resolved tomorrow evening. Mr. Walton stated they are fully aware that Home Depot cannot open without S. W. 8th Street because there is no access to the site. So far the City and City Staff have been very cooperative. Mr. Walton stated the second problem was the platting of the 32 acres, and they were only developing ten acres. He spoke to City Attorney Rea, who had no problem with them platting 32 acres and only developing ten acres, but City Attorney Rea wanted to be sure they had utility service and access to the full 32 acres. When they know what will go on the 32 acres, Mr. Walton said they will develop the interior plans internally and bond the improvements. ~ow they were only - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 platting the 32 acres. ~ney will be bonding the improvements for the ten acres and the improvements to S. W. 8th Street. Mr. Walton said the plan they will be submitting to the City will be S. W. 8th Street through the 32 acres to the north line. They will be constructing S. W. 8th Street to service the entire 32 acres. Mr. Walton continued by saying the water and sewer will be constructed at this time to service the full 32 acres~ The drainage will be designed to service the full 32 acres. When they are finished, they will have a plat for 32 acres. They will have access~ water, sewer and drainage, but they will not have the internal design because they are not sure at this time what will go on the remaining property. When that time comes, they will design and bond the property and go through all the necessary review Boards of the City. ~nairman Walshak asked if 8th Street was still as it was shown on the original plan or if it had been straightened out. Mr. Walton answered that it will be straightened out. The "T" intersection will come out~ and they are putting in reverse curbs. If all they wanted to do was develop the Home Depot area, Mr. Lehnertz wondersd why they did not just plat the Home Depot area as opposed to putting in a plat application for the entire area. Mr. Walton answered it is easier and less expensive to do a plat for the entire 32 acres. When they develop the remaining pieces, they will know where the boundaries are and can do it in phases very simply. Mr. Walton elaborated. There was repetition of prior comments, and he told Mr. Lehnertz there was no way he could detail the remaining site because he did not have the information to do it. Discussion ensued about other plats and these plans~ Mr. Walton interrupted Mr. Cannon to advise they showed master sewer and water to service the entire area. One prob- lem they have is that the Engineering Department will not talk to the Utilities Department. The Utilities Dep~rtment has an approved master water and master sewer plan tq ser- vice the full 32 acres. Mr. Cannon advised those drawings have to be with the preliminary documents. Mr. Waltqn responded they were submitted. Mr. Cannon did not see any master size water and sewer for S. W. 8th Street. Mr. Walton informed him they have been permitted. He has a per- mit not only from the Utilities Department but from the Health Department for those lines. - 8 - VERBATIM - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 Mr. Lehnertz observed there were no plans to preserve any of the native habitat. He also saw no plans for protecting a significant population of gopher tortoises, which are a protected species under State law. F. Martin Perry, A~torney for Tradewinds, Suite 701, 1665 Palm Beach Lakes Boulevard, West Palm Beach, FL, replied that they are making arrangements to comply with the State law. He informed Mr. Lehnertz there are exactly seven gopher tortoises. Chairman Walshak asked if Fir. Perry was familiar with the staff comments from Kevin Hallahan, City Forester/Horti- culturist, and if he would adhere to the comments. Mr. Rerry answered affirmatively. Chairman Walshak asked if anyone wished to speak in opposiN T tion to the application, here was no response. Chairman Walshak asked if anyone wished to speak in favor of the application. Mary Graf, Leisureville, referred to Leisureville residents trying to conserve water and their electricity being cut off on Thanksgiving. She wondened if Tradewinds would make sure Leisureville has wa~er. Chairman Walshak answered that before permits can be issued, all of the utility questions must be addressed. He expounded and explained the function of the Board. Discussion ensued about water~ THE PUBLIC HEARING WAS CLOSED. Motion Mr. Blanchette moved, seconded by Vice Chairman Collins, to approve the request, subject to staff comments. Chairman Walshak asked if the applicant was in agreement with the staff comments. Mr. Perry believed Mr. Wantman indicated he was in agreement with the comments. During his tenure on the Board, Mr. Lehnertz noticed many times, an applicant has fulfilled all of the City require- ments. He noted this application had none of the plans that were required. Mr~ Lehnsrnz stated that part of the land is under a PUD. Prior to officially changing the language designation and zonlng of that to a PCD, the Engineering Department's comments from the Board's November meeting seemed to be ~gnored. Mr. Lehnertz remarked the entire situation smacked of the applicants trying to run the City the way they want to run things. He continued that this was not a plat for the ten a~res they had complete plans MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 9, 1990 for. Instead, it was an application for 35 acres, and there were no plans for the majority of that. Mr. Lehnertz commented that the gopher tortoise population on the ten acre tract may be minimal, but the applicant was asking to plat the entire area. He has an expert witness who can testify there is a significant thriving population of gopher tortoises on the entire 35 acres. The Board has seen no plans for removal. If there are removal plans, they should be before the City Staff. Mr. Lehnertz felt the plan was not in compliance with City Statutes and regula- tionso It should be sent back and redone. Mr. Richter responded that the motion was subject to staff comments. He thought all of the comments made by Mr. Lehnertz were in the staff comments. A vote was taken on the motion, and the motion carried 5-0. Both Mr. Lehnertz and Mr. Zimmerman abstained from voting. (See Forms 8B, Memorandum of Voting Conflict, attached as Addenda C and D to the original copy of these minutes in the Office of the City Clerk.) OTHER A. Consistency Review - Proposed Amendment to Environmental Protection Ordinance When he received a copy of the adopted Ordinance, Mr. Cannon noticed the term "subdivision" was leftt and certain sub- divisions now require site plan approval (single family homes). That was included in a new draft of the Ordinance. Discussion ensued. Motion Mr. Lehnertz moved to find the modification of Ordinance $89-46 consistent %¢ith the City's Comprehensive Plan. Mr. Zimmerman seconded the motiont and the motion carried 7-0. ADJOURNMENT The meeting properly adjourned at 8:40 P. M. Patricia Ramseyer /~ Recording Secretary[ ~ (Two Tapes) ~/ - 10 - TO: THRU: FROM: RE: Chairman and Members Planning & Zoning Board Timothy P. Cannon Interim Planning Director Tambri J. Heyden Assistant City Planner Agape Bible Church/Day Care Center Conditional Use File No. 368 Summary: Reverend Arnold Thompson, agent for Agape Bible Church, Inc., contract purchaser, is requesting conditional use approval for a church day care center to be located at 3049 Old Dixie Highway; the east side of Old Dixie Highway, approximately 1,100 feet north of the intersection of Gulfstream Boulevard and Old Dixie Highway. The .68 acre parcel, is.occupied by a vacant, Single family home and warehouse building previously used by an alarm systems contractor. Interior building renovations and pa~king modifications are proposed to convert the warehouse building into a 2,130 square foot church for a 30 member congregation and day care center for approximately 50 children, and to convert the single family home into 951 square feet of church offices (see attached site plan). The subject property was approved for annexation, land use amendmen~ and rezoning by the City CommisSion on December 5, 1989 and is cuirrently zoned C-4, General Commercial. Day care centers are permitted in the C-4 zoning district subject to conditional use approval. Surrounding Land Uses and Zoning (see attached map): Abutting the subject parcel to the north is a warehouse building in Palm Beach County. To the northeast is a garden center, two single family homes and a duplex dwelling unit in Palm Beach County. Abutting the subject parcel to the eas~ is another warehouse building in the County. Further east in the City are two vacant parcels, zoned C-3, Community Commercial, for which a site plan for a strip center (Boynton Center Plaza) was approved, but has expired. To the south is a mobile home park in the City, also zoned C-3, and to the west across Old Dixie Highway is vacant land in the City, zoned R-2, Single and Two Family DWelling District. Standards for Evaluatin~ Conditional Use~: Section ll.2.D of the Zoning Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning Department's evaluation of the application as to whether it would comply with the particular standard. The Planning and Zoning Board and city Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations, and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and of fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, and recreation space, and sidewalks, as shall be necessary for the protection of the surrounding area and the citizens, general welfare, or deny conditional uses when not in harmony with the intent and purpose ADDENDUM A-1 TO: Chairman & Memb~s, Pl~h~ing & Zohfng Board RE: Agape Bible Church/Day Care Center, Page 2 January 3, 1990 of this section. In evaluating an application for conditional use, the Board and Comn~issian shall consider the effect of the proposed use on the general ~health, safety, and welfare of the community, and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. An existing two-way driveway that was used to serve the former commercial/industrial use on the site, will provide the only access to the day care center. A turn-around area has been ~rovided for safer and more convenient vehicular egress from the arking lot. As stated in the attached Planning Department memorandum, it is recommended that the turn-around area be striped and posted to discourage parking and standing in the turn-around area. The Public Works Department is requiring that the turn-around area be widened to accommodate maneuvering of sanitation vehicles which is difficult within sites that are limited to a single driveway (see standard 93 below for further discussion of the refuse area provided). The drop-off area provided, as required by code, is adjacent to the east side of the church/day care center building, unobstructed by the parking lot, associated access aisle and back-up area and is in close proximity to the turn-around area. In addition, a sidewalk is shown on the site plan, between the drop-off area and the church/day care center building. The layout and design of the drop-off area, enabling parents and visitors to safely and conveniently pick up and drop off children, meets the intent of the May 16, 1989 code change requiring drop-off areas. As stated in the attached Planning Department memorandum, it is also recommended that the drop-off area be striped and posted to discourage use of this area for parking or standing. With respect to pedestrian safety, the applicant submitted a sidewalk variance request for an administrative waiver of the requirement to construct a sidewalk along the property frontage. On January 2, 1990, the Technical Review Board approved the sidewalk variance request for the following reasons: If a sidewalk was required and built for the day care center, it would be demolished and reconstructed upon future widening of Old Dixie Highway, a 24 foot, two lane road with an ultimate right-of-way of 80 feet. There are no sidewalks along Old Dixie Highway in the vicinity. Due to the location of the day care center in a commercial zone, isolated from residential zones, the majority, if not all, of the day care center patrons will drive, not walk, to the facility. Page 2 of ADDENDUM A-1 With respect to traffic, the study prepared by Kimley-Horn for the previously ~pproved rezoning application number of 50 chltdren in the day care center assuming a maximum ~100 dail stated that only y trips would be generated by the day care center in addition to the trips generated by the other uses proposed on the site. The present condition of Old Dixie Highway will easily accommodate these trips without any ~oad improvements or any negative impact on the surrounding area. 2. Off-street parking and loading area where required, with particular attention to the items in subsection D.1. above, and the economic, glare, noise, and odor effects the conditional use wou~d have on adjacent and nearby properties, and the City as a whole. As disoussed in the attached Planning Department memorandum, 26 parking spaces are required and proposed to serve the church, day care center and office uses. This conservative requirement was d ' erlved due to the lack of fixed seating proposed in the church and submittal. . of a. schematic, floor plan for the church/day care center bultdlng which did not delineate the amount of square footage to be allocated to each use. It is uncertain at this time whether the church will provide day care to children ranging from infants to 5 years of age, or restrict enrollment to a certain age group. Evaluating a worst case scenario in terms of number of staff required, a maximum of 13 staff members would be required for 50 children, infants to under 2 years of age (see Exhibit "A" for H.R.S. staff ratios reproduced from Chapter 10M-12.001 F.A.C. pertaining to day care centers). Therefore, a minimum of 17 parking spaces (13 day care staff plus 4 spaces required by code for the office building) will be in use during the week when the day care center and church offides are in operation with a maximum demand for 30 parking spaces during the weekend when only the 30 member congregation church is in operation. Comparing this evaluation of the number of spaces anticipated to be in use by the day care center staff and congregation, the off street parking spaces provided not only meet code, but are reasonable and functional as previously discussed in item #1 above. It should also be noted that the required drOp-off area for the day care center can also serve the church when it is in operation. With respect to noise, an H.R.S. required outdoor play area is to be located along the north property line, east of the church/day care center building. It is not anticipated that noise from the play area will be a nuisance to the C-3 zoned, mobile home park to the south. Even though the mobile home park is the closest residential use to the subject property, it is 64 feet from the play area at the nearest point and is separated from the subject property by a required landscape buffer along most of the southern boundary of the subject property. 3. Refuse and service areas, with particular reference to the items in subsection D.1 and D.2 above. The Public Works Department has indicated that can pick-up is sufficisnt for the church and church offices; however, a 50 child day care center necessitates a dumpster (not proposed on the site plan). As noted on the attached Public Works Department memorandum, the only serviceable location for a dumpster is at the east end of the turn-around area provided it is extended and Page 3 of~DENDUMA-1 widened to accommodate the City's sanitation vehicles (a 15 foot by 35 foot service area). The Planning Department's recommenda- tion that the turn-around area be striped and posted will also aid the Public Works Department so that this ~rea is .unobstructed during servicing of the dumpster. e Utilities, with reference to locations, availability, and compatibility. - The existing structures, when in operation in the County, were served by a septic ~ank system and City water. As discussed in the attached Utilities Department memorandum, the existing utility service would be adequate for the church use only. The day care center use will require the applicant, at his expense, to connect to the City's sanitary sewer, which will entail extending the nearest line (approximately 700 feet to the south) to the site. It should be noted that the property to the north of the subject property, in the County, is desirous of connecting to the City's sanitary sewer and has contacted the City in the past as to how to proceed, but has not, because the cost was prohibitive. The mobile home park, south of the subject property in the City, is also on septic and could benefit from connecting to the City's sanitary sewer. With this in mind, a special assessment, (City Charter, Article VIII, Section 156) levied and collected from adjoining or other specially benefited properties, so that the City may extend the sanitary sewer to serve the subject property, may be a viable alternative to the applicant solely assuming the cost or approaching adjoining property owners to share the cost of constructing the sanitary sewer. A special assessment would also be a successful way of encouraging discontinuation of septic tank use to minimize ground water contamination. The Commission may also want to instruct staff to pursue an agreement with Palm Beach County that would assess owners of unincorporated parcels along Old Dixie Highway concurrently with the City's assessment. 5. Screening, buffering, and landscaping with reference to type, dimensions and character. The proposed screening, buffering and landscaping has been addressed in the attached Building Department memorandum and City Forester staff comment (see master staff comment sheet). Additional screening of the parking area from abutting properties is required by code as well as additional trees along the front property line to meet the screenIng requirement of vehiclular use areas from public rights-of-way. Also, the hedge material proposed is not a native specie. Selection of an alternate specie that is native, to substitute 30% of the hedge material proposed, will bring the landscaping into conformance with the native requirement. Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The Police Department has addressed the lack of traffic control devices on the site plan submitted (see attached master staff comment sheet). A business identification sign is shown on the site plan submitted; however, it is not definitely located and no details were provided. The general location of the sign most likely will not conflict with visibility triangles, utility lines or required landscaping. Page 4 of ADDENDUM A-1 With respect to lighting, the Engineering and Planning Departments have addressed in the attached memorandums, possible problems with the existing exterior lighting which is not proposed to be modified at this time. After verification of the existing illumination levels, one or more additional pole-mounted lights may be needed to meet the code. Also to minimize any nuisance to the mobile homes to the south resulting from glare from parking lot lighting, the luminaires should be directed away and shielded from the adjacent residences. 7. Required setbacks and other open spaces. The existing building setbacks exceed the requirements of the C-4 zoning regulations. No changes are proposed to the building exteriors at this time. General compatibility with adjacent properties, and other properties in the zoning district. As previously discussed, the surrounding land uses vary and include a mobile home park, vacant property, several commercial/warehouse buildings, a garden center, two single family homes and a duplex. The surrounding land uses which are non-residential are zoned CG, General Commercial, in the County. The permitted uses within the County's CG district are included in Exhibit "B". These uses are retail and consumer service oriented, and are not generally incompatible with day care centers. Also in Exhibit "B" are those uses in the County's CG district which are special exceptions requiring County Commission approval (similar to the City's conditional use approval). Due to the fact that day care centers could be permitted (Subject to approval) in the CG zoned parcels surrounding the subject property and that those wholesale uses and consumer service uses listed as special exceptions in the County's CG district that may not be compatible with day care centers require approval by the County Commission to ensure that such a use is consistent with good zoning practice, it is reasonable to conclude that the day care center requested is compatible with adjacent properties. 9. Height of buildings and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the City as a whole. The existing buildings are one-story structures which are compatible with surrounding land uses. 10. Economic effects on adjacent properties and the City as a whole. It is not anticipated that the proposed day care center will have an adverse impact on property values in the vicinity, or would impair the developability of these properties. Since the buildings have been vacant for some time, occupancy and general maintenance will most likely reduce vandalism and improve the appearance of the property. Comprehensive Plan Policies This request is consistent with all relevant policies contained in the 1989 Comprehensive Plan, if the attached staff comments are complied with. Page 5 of ADDENDUMA-1 TO: Chairma9 &Members, Planning & Zoning Board RE: Agape Bible ChUrch/Day Care center, Page 6 January 3, 1990 Conclusion/Recommendation: The fact that day care centers are a conditional use i~ the R-2, R, 3, CBD, C-t, C-2, C-3, and C-4 zoning districts implies that this type of use would be suitable at some locations (where be made to mitigate any negative ~ect the health, safety and welfare of the at other locations;. It is arguable that s are more appropriately located within the need occurs and where the more closely resembles a home proposed site plan, subject to staff comments [ conveniently provide for sufficient and egress, drop-off and turn-around, acc and vehicular day care center is have a significant, with ~s. TherefQre, the Planning Department use approval be If the .on feel that the day )~ayiarlea] should be further ~e mix of :uses occurring in ol %he north and east, this providing a hedge, vines, tO th~ .nk fence that encloses ~e area. the TJH:frb Encs Page 6 of ADDENDUM A-1 MEMORANDUM December 5, 1989 TO: Timothy P. Cannon, Interim Planning Director FROM: Michael E. Haag, Development Compliance Administrator RE: CONDITIONAL USE ~OR AGAPE BIBLE CttURCH DAY CARE CERT~q Upon review of the above-mentiOned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: Show location of tW° (2) required handicapped parking spaces. Also show color and location of required handicapped parking space symbol. Identify the color of the regular parking space striping, white lines four ~nches (4"] wide, is requi~ed, The required handicapped parking space striping is blue lines, four inches (4") wide. Show the width of the platform leading to the office building. Show the location, size and elevation of the level plat- form requiredat the entrance to. the church/day care building. Be Show the location, slope, length and width of the handi- capped ramp starting at the handicapped parking space and leading to the edge of the level platform located at the entrance of the church/day care building. Show the~location, height and rail configuration of the handicapped rails that are required when. a ramp is over seven feet (7') long and has a slope of one inch (1") rise to twelve inches (12") of run. 7. Indicate two foot (2') on center spacing is mandatory for aL1 required shrub and hedge landscaping. 8. Each adjacent property shall be screened from all on- site vehicular use areas. ADDENDUM A-2 Memo to Timothy P. Cannon RE: Agape Bible Church/Day Care Center December 5, 1989 Page Two 9. The vehicular use area abutting Old Dixie Highway is required to have a minim%um of one (1) tree for each forty lineal feet (4a'), or fraction thereof, of exposed vehicul, ar use area~ 10. Dimension size of sight corner cross visibility area and state the dimension of the vertical clear visibility space located in this area. All lans submitted for public record and prepared by a 11. design professional shali show original raise~ seal and signature of a Florida registered design pro~essionai. E. Haag MEH:eaf XC: Don Jaeger AGAPE.SDD Page 2 of ADDENDUM A-2 TO: FROM: RE: MEMORANDUM December 7, 1989 Jhu Golden Senior City Planner Roger Kuver Acting Assistant to the City Engineer TRB Agape Bible Church Day Care Center (conditional use) 1) Submit a parking lot lighting plan consistent with Article X, Parking Lot Regulations. 2) Parking detail shall include color of striping, handicap symbol, sign location and detail. Refer to Article X. 3) Sukmlit a perking lot plan which includes dimensions, elevations, intended drainage flow direction, curve radii, traffic control devices (signs and pavement markings) and raised continuous concrete curbing adjacent to all landscaped ~reas in conformance with Article X. 4) Drainage calculations to be provided to demonstrate adequate on-site retention. 5) Turnaround area on site plan should be striped and "No Parking" signs installed to insure adequate maneuvering room. Details required. 6) Handicap ramp detail and location required on plans. ADDENDUM_ ¢~-3 MEMORANDUM TO: Tim Cannon DATE: Acting Planning Director PROM: Joe C. Swan, P,E. SUBJ: for John A. GuidFy Director of Utilities December 6, 1989 TRB Review . Agape Bible Church Day Care Center Conditional Use We can approve this project, subject to the following conditions: 1. Provide 6" VCP cleanouts on the sanitary services at the property line. dmt bc: Relocate the sewer wyes and add fittings as needed to allow for a shallower slope at the main.line wye fitting. Wyes installed with a near vertical pitch lead to deposition of solids in the mains, and also are more SubJec~ to breakage· We have no objection to the site obtaining building permits and certificate of occupancy for the church use only at this time. However, operation of the day cafe center is not compatible with the existing septic tank system, and will require the installat, ion of sanitary sewers. We request that permits for the day care center not be issued until the Off-site gravity sewer main is installed and inspected· Show the existing septic-tank and drainfield on the site plan. Peter Mazzella ADDENDUM A-4 - RFCFIV/ D DEC PLANNING DEPT. MEMORANDUM January 4, 1990 TO: Chai.rman and Members Planning and Zoning Board THRU: Timothy P. Cannon TC Interim Planning Director FROM: Tambri J. Heyden Assistant City Planner RE: Agape Bible Church/Day Care Center Conditional Use Fils No. 368 Please he advised of the following Pl~Mning Department comments with respect to the above-referenced request for conditional use approval: 1. Dimension access aisle; 27 feet is the minimum width required. Article X, Section 5-142(i). 2. Stripe and sign required drop-off and turn-around areas to discourage use of these areas for parking or standing. 3. Provide details on the proposed sign; setback from right-of-way line, size, height, advertising, materials, color and letter size and style. If this information cannot be provided by the time of final sign-off, a future site plan approval will be needed. Chapter 21, Section 21-9. 4. Indicate ~the height of the fence around the property. Chapter 19, Article II, Section 19-17(f). 5. Provide ~verification that existing lighting meets the City's minimum, average illumination level of one footcandle per square foot of paved area. Building-mounted lighting that shines Outward from a building rather than towards it poses a glare problem for security patrol. Chapter 5, Section_ 5-142(d). Also~ pole-mounted parking lot lights should be shielded and directed away from the residential use to the south (mobile home park). Appendix A, Section 4(N)7. 6. Unless a sidewalk is provided within the Old Dixie Bighw~y right-6f-way along the property frontage as required by Chapter 22, Article II, Section 22-25, a sidewalk variance request must be submitted and approved by the Technical Review Board. 7. As per Appendix A-Zoning, Section ll.2[E)l, it is recommended that a one year time limit, from the date of City Commission approval, be established within which the day care must be developed consistent w~th Appendix A. 8. No fixed seating in the church is .proposed as shown on the floor plans submitted and verified by the applicant to allow for dual use of the existing warehouse building for church and day care center purposes. Therefore, the requirement of 26 parking spaces has been calculated based on the rate of 1 parking space for every 300 square feet of gross floor area for the office building and I parking space for every 4 seats, but not less than 1 space every 100 square feet of gross floor area, for the church/day care center building. (BecauSe the church/day care center building floor plan ~s nou designated according to use, the parking rate for churches mus= be applied to the entire building rather than the less stringent day care center parking rate.) Should the uses within these buildings ch. lnge or shift or should interiom changes, such as fixed seating, be made, parking will have to be reevaluated. ADDENDUM A-5 TO: Chairman & Members, Planning & Zoning Board SUBJECT: Agape Bible Church/DaF Care Center Conditional Use - File No. 368~ Page 2 January 4, 1990 TJH:frb This requesn for conditional use approval for a day care center includes site plan approval for s church and office buil~ing~ Should the conditional use approval not be approved, it is recommended that site plan approval for the church and office building be gr~nted, subject to staff comments. It is recommended that the a~plicant be allowed to secure a certificate of occupancy for the church use first, if desired, without having ~o extend and connect to the City's sanitary sewer, due to the time needed to satisfy this additional requirement for sanitary sewer prior to establishing the day care center. cc: Central File Agbible Page 2 of ADDenDUM A-5 MEMORANDUM 27, 1~989 Mr. J. Scott .Miller, City ManaGer Mr. Tira Cannon, In~terim Director o Plannir~ Vincant'Finizio, Engineerin~ Inspector II EnGineering Depart_n,. t Rmview of Prelim~ Plat - Shoppes of Woolbright, P.C.D~ The owners shall~ In accordance with the City of Boynton Beach Subdivision and PlattiaG R~atic~s Article' VIII, Section 5. Construction Plar~ and ~reliminmry Plat, provide the followinG; 1) A ~tity of two (2) .ccr~plete ana. onwprehensiva PavinG, .Gradir~ ancl Drainage plans for roadway {Tract A, a.k.a., S.W. 8~h Street) includir~ off-site road~ way improvements.. Se6tion 5,B,l,a. 2.') A quantity o.f two (2) Water Distribution and Sewage CollectiOn System plans ~ properly servinG all tracts within the Shoppes" of'Woolbright' P.C.D. as api~roved by the Util.ity Department and other Governmental agehcies. Section 5,B,l,c. 3) A quantity of two (2) Street LightinG and Landscape plans wi.thin public rights- of-w~y and parking areas. Section .5,B,l,d.. 4) Pavir~, ~rading, Dra/nage, Water, Sewer and Lightin~ plans (Developer wish~s to perform earthwork under Chapter .8, Excavation & Fill) shall consist of and contain ccmplete details of construction, typica.1 sections and surmary of quan- tities.. Section 5,B, 2, b.c.d.e. 5) General NOtes and SpeCification~ on Develop~nt plans shall incl,~e /n note form a statea~nt as to: Bequire~'cc~pliance with tha City of Bo.' ynton Seach, Co~e of Ordinances, "C", Subdivision & PlattiDu Ragulations. Section 5, B, 2, i (~'} 6) General Notes shall include in note form that the required installation of subsurface construction s~ch as waterlines, sewerlin~s, public utilities and storm drainage prior to o~wpaction of subgrede and roadway construction. Sectian 5, B; 2, i (6) .-.. 7.) A Certified Cost Estimate that incl~tes the cost of -~urveyi~ and all required improve~nts. Section 5,B,4 ~ : 8) Certified an4 Sealed .plans required in the form of two set~ of plans for Pavin~ and Drainage, Water and Sewer Systems, Street LightinG, Landscaping and Parkin~ areas. Section 5,B, 3, a. The construction plans shall have. approval of SFg~D and all requisite goverr~n~ntal ag.en¢ies having 3urisdiction prior to issuance of a Land Develou~nt P~rmit. ADDENDUM B-1 9) Off-site roadway_ improvements are unclear as to existing '~n~ proposed cons~ .ction. Section 5, B, 2,b.c.d.e. 10) Ail details on plat document must be to scale no greater than 1 inch equals 100 feet, Details A & B of plat document are identified as N.T.$. (not to scale) and therefore does not ccmpl~ with Section 6D as referenced in Section 5,C, 2. Note: please modify the sp~llin~ of the word~"Situate" to "Situated" on Sheet _2 of 2, Shoppes of Wcolbrigh.~ P.C.D. Plat Title. 11) Plat sbakl, contain' street names, section 5,0,2 and Section 6,D,7 12) Truckwell floo~ ~ai~age ~ystem and drainage specified a~' c6~tructed by others State an~ County Environmental regulations for ~ (i.e., environmental senators, ~r~ase to ~ and/or toxins ar~ D~' ~ischarged into _ accordance with applicable limited to~ Article IX, Section 5B -Stonn~ter T~atment A~ticle X, ~ction 5B .- $~o~ter Treatment, Utility Department criteria. 13) The City,Engineer's office has'been contacted by more than one Engineer regarding this plat, therefore in co~formanoe with Section 5,B, 3,b. the Developer shall either appoint an Engineer~ to coordinate the project or provide a single Engineering ,firm, to coordinate the project. To date the City 'Engir~er's Office has coordinated with Mr.. joel Wantman. ~f Stanley Consultants of Florida, Inc. 2000 Lambard Str~et, W~P.~., Fi 33407, Telephone (407) 842-7444 and Mr. Robert C<m~z, PreSiden~. of Grand C~n~ral Engine~ring, Inc., P.O. Box 1331, Boca Rat~n, Fi 33429, TelephOne (.407) 479-% 3755. 14) Engineering Del:~rtmant's'N~ve~er 8, 1989 T~R.B. c~nts (attached for De ,, i pot )haue not been cc~plled with regarding the f. ollcwi~ numbered' items of the 11/8/89 T.R.B. m~-m°randUm: ~1, ~2, ~4, ~5.and ~6. P~fer. to attached Engineerin~ Deloartmant msmorandum dated December 20, 1989 to City Attorney, Raymond' Rea, regarding lnc~lets submittal data for Shoppes of Woolbright. Vincent A. Finizio ~ attachments co: Joe Sw-un, P.E., Utility~Dept., Raymond Rea, City Attorney Page 2' oE ADDENDUM B-1 Auk/rig ~nuin~ring Administrator ' 1) A~x A - S~ction 6 - 12 Platting,. Site D~velo~mnt p~ans ~d B~i~ P~. a) Pl~t~n~, ~1 plea ~cial dev~lo~ ~' s~je~ ~.~ s~ll ~ develo~ .~is~nt ~th ~ r~r~ of ~x S~ivision ~ Plat~g' ~ations of t~ ~ton ~a~ Ord~s. b) Site dev~lo~nt plus. ' ~1 pl~ f~ lots or ~cels ~o~ to ~ devel6~ wi~in.pl~ ~cLal develo~ts ~e .S~Je~ 19, ~ble II,. Site Pi~ Revi~' ~ ~o~1 ~ ~p=~ !II, .~lty ~=~ ~ of t~' ~n ~ach C~e of Oranges. ~r~=es ~ the r~r~ outlin~ in C~t~ 19, III of t~ City ~e =e ~let~ in eg~ re~.' 2) S~t = ~ai~ge pl~ ~sist~ ~th Apex C - ~visio~, Plating ~cle X - ~si~ R~r~ts ~i~ 5 a) Drai~ge ~ction 6 a) Utility I 3} ~=~on ~tail ~ti~ "A~" on ~ving ~ ~ain~ge pl~ ~correctly depiqts 6' e~ ~n=ete ~bing. R~vise to ~ "D" of t~ s~ ~t. 4) ~c~on "A-A"' call~ f~ catch ~sin gra~ elev=tion w~ch ~t~es 1~= t~ ~ge of .~v~t. 5) S~% = ~g lot pl~ w~ch ~cl~ all ~aff~c ~n~ol ~ces ~cl~ ~v~t ~ngs, silage, etc. ~%ails ADDENDUM B-2 .M EM 0 R AN D U']4' RaDnon~ Rea City Attorney ~ngineering Inspector II Shop, es cf. Wool~r£ght P.C.D., a ~rt' of Ncolbright Place P.U.D. .Stanley Consultants of ~loride, Inc. has suhmltted to our department a set construction plans in conjunct, ion with the above referenced plat which :~/rrently is .at the prelinttnary ~lat stage o,~ our Subdivision and Platting .... , ~w~ ~ ~alnag8 ~l~s for se~lcing t~ ~ ~t site. ' .Please ~ u~e of the foll~ng~ · · = ... ~ ts A, B, O ~d E ~ncl~ng the 80' ~t~ ~a~ R.0.W., ~ee~ ~gh~ing ~d l~sca ~ ~t~ : P 9 . n t~ p~lic rt~hSs~f-~y. ~s is a ~.~l~ co~t e~t~te ~t~ d~s 'no~ ~e~l-c~ ~ ....... -- ~l ~ras~ct~e r~r~ ~.~,~_~_..,,,~:~,lz~_~ ~ ~;=_k~.~=.~ons~- plat, d~s e the pro~s~ Plat. S~e n · - - , , ~ Z were no~ rovid~ .~.~ s~t~=s, t~ore the. cost es~ ~- .... =-t ...... con't ' .P~g.e 1 of i~D~NDUM B-3 Re: Sho~'pes o~ Woolbright P.C.D~ Decembe= 20, 1989 f) Appendix ¢. Sublivis.ion an~ Platting Regulations, Article VI!I, Section 6. "Preparation of Final Plat", Subsection-6C. states the following: "The Final Plat shall conform to the approved Master plan or Site plan ~nd shall COnstitute ',0nly 'that 'porti~n of the Master l~lan or Sl.~e plan the developer p~oposes to develop within t~nty-one (21) mohtb~. . - · Z~_ c?n~ with'the ~al~livision ar~ Plet~in~ Regulation previously state~_0 ' t~ develo~ s~uld plat pnl~ t~ ~ion o~ 1~ for w~h ~ in~ to b~ld ~. 21 ~nt~ ~ i~i~t~ ,on d~velo~nt plus w~gh s~ll ~ r~r~ ~ ~ly ~th aDpli~le mectio~ of o= ~e of ~din~ces ~ skaff c~. Plebe ~vise. ~ ~. ~' Vincent A. Finizio ~ ' t' cc: Tim Cannon, Interim Director of Planning ,. Page 2 of ADDENDUM B-3 ' MEMOBANDUM TO: Tim Cannon DATE: Director of U{ilitie~ January 3, 1990 TRB Review Shoppes of Woolbright Preliminary Plat We can approve this. project, subject %0 the following conditions: i, Existing force main designated to be abandoned cannot be abandoned until alternate facilities are completed and in service. Please note on plans that existing force main must remain in operation until alternate facilities are placed in service. ~ 2. The existling drainage ditch in the southeast.corg~~ of the site encroaches on the proposed waterline an~ sanitary sewer, Eegrading of the ditch will be required. 3. Maximu~.distance between cleanouts on private sanitary sewer service' is 75'. Show an additional cleanout on the sanitary sewer service from Home Depot, Plans show the proposed force mainpassing under the storm drain. An air release valve will be needed in.this installation. An alternative would be to relocate the force main to 10' south of the water main, putting it out of the paved area beyond the storm drainage. dmt bc: Michael E. Kazunas, P.E, TO: FROM: DATE: SUBJECT~ MEMORANDUM Chairman and Members Planning and Zoning Board TimOthy Pi Cannon Interim Planning Director, January 4, 1990 Shoppes of Woolbright PCD Preliminary Plat Construction Plans and The Planning Department has the following comments wi%h respect to the Shoppes of Woolbright PCb Preliminary Plat and Construction Plans: 1. Condition 2 under "D. CONDITIONS OF APPROVAL OF P.C.D. AND P.U.D." as set forth in the Stipulation and Settlement Agreement between the city and Tradewinds, which approved by ~o~rt order on November 6, 1986 states "This stlpulati'on and settlement agreement shall be subject to only the conditions in the Murray-Dudeck report as described herein, and all other applicable ordinances of the City for development of the site." Condition D.2. of the Stipulation and Settlement Agreement is the basis for the staff comments that concern compliance with the City's Code of Ordinances. The road improvements recommended by the Murray-Dudeck report may be modified by the City Commission, in accordance with the Commission action described in Item 3 below. 2. It is recommended that, as a condition of approval of the preliminary plat, that the applicant be required, at a minimum, to re-submit the prelimin~ry plat and construction plans, incorporatin,g all conditions of approval imposed by.the City Commission, to the Technical Review Board for review by the TRB. The basis of this recommendation is that the preliminary plat/construction plans at this point are not substantially complete or in compliance with the Subdivision and Platting Regulations, ~nd, therefore, further coordination among the TRB members will probably be necessary. This re-submission would also need t~ show the construction of S.W. 8th Street and its intersection with Woolbright Road, in accordance with the road improvements approved by the City Commission {see Item 3 below). Plans for all other road improvements could be submitted at a later date, in accordance with the City commissions action described in Item $ below. The TRB would refer any issues that cannot be resolved 1 Page 1 of ADDENDL~ B-5 with respect to the re-submitted preliminary plat~construction plans back to the City Commission. 3. Ail on- and off-site road improvements, includi~g those which are required pursuant to Section 4 of Ordinance 89-39 ',subject to final approval or modification'' by the city commission will need to be bonded, construction plans and cost estlmates'f~r same submitted to the City, and a timetable for the completion of said improvements submitted to the City. These items will need to be reviewed in accordance with the Subdivision and Platting Regulations and approved by the City Commission. Final approval or modification of these road improvements should precede the approval of the final Plat. · 4. It is recommended that, pursuant to Article VIII Section 5.D.7. Of the Su~division and Platting Regulations, that the City Commission autho~ize the issuance of a building permit for the Home De~ot store, provided that this building permit complies with the previously-approved master plan and site plan for same. It should be stipulated by the City Commission, however, that issuance of % certificate of occupancy for this building shall be contin~ent upon fulfillment of all of the following requirements: (1) Full compliance bY the applicant with the preliminary plat and ~onstructlon plan requirements for the plat, as approved by the City Commission; (2) Approval of the final plat by the City commiss~on and recording of same; (3) Bonding all required improvements for the plat, including on- and off,site road improvements, as approved by the City Commission; (4) Completion of the bonded improvements which are necessary to serye only the Home DePot store, to th~ satisfaction of the City and in accordance with the Subdivision and Platting Regulat~6ns; and (5) Compliance with the approved site plan for Home Depot. ' ' Timothy Page 2 of ADDEND%~i B-5 !- 'FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNiCiPAL, AND OTHER LOCAL FFi ERS LA~ NAME~FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORI , OR C0MMI~EE ~ [ MY POSITION I~ ~: ELE~IVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, al~thority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a vo~l~n~qon-g/i~t of:in~,qfest finde~S~ection 112:M43 Flori - - the use of th~s articui ! ~'-' ' , da Statutes..The requi, rt~.me.nts of vms law are inundator · althou p ar form ,s n.ot reqmred by law, you are encouraged to use ,tm making the disclosure required by la'gw,h Y~ur responsibilities under the law~zhen faced with a measure in which you have a conffict of interest will vary greatly depending on whether you hold un,elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the ~everSe side and 'filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 'H2.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRtOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measnre on ~hich- you are abstaining from voting; and WITHIN I~ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ' A person holding appointive county, municipal, or othe~ local public office MUST ABSTAIN ' ~mures to h~s special private gain Each local officer ~t~,4; .... ~.:~.:..~ ~ . from voting on a measure which special ga n of a principal (other than a -ore ...... ,~ . o Y tm~ on a measure winch inures to the A person holding an appomnve local office otherwise ma artici ' ' , - . . d,sclo, e the nature of the con. flict before makin~ an,' atte~ .~ :~pate m ~, ma. tte.r .~n v, hIch he has a conflict of interest, bat must IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE D .~ ~ ~,~THE VOTE WILL BE TAKEN: ECfSION PRIOR TO THE MEETING AT WHICH I~i recording the n-dnutes of t~e meeting, who will incorporate the form in the minutes, the person yesponsible for You should complete and file this form (before making any alrempt to influence the decision) with T A copy of the form should be provided mmediateiy to tie other members of the agency  hould be read publicly at the meeting prior to consideration of the matter in which~you have a conflict of interest. ADDENDUM C ~O0'~MAKE :'NO '~ATTEMPT;' TO' INFLUENCE THE DECISION EXCEPT~ BY DISCUSSION AT THE MEETING.' s~ould disclose orally the nature of your conflict in the measure before participating. , ;~,;should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mmutes,~ .......... ,.~,~f~hel meet: ng who should incorporate the form m the minute. . DISCLOSURE OF LOCAl. Oi~FICER'S INTEREST ereby disclose that on ~' ~[a).A,measure cam or will come-before my ageney ,which (checl~ one} Cmured to my special prtvate gain, or ~ ~.rmr. ed: to the :The measure before my agen~ and the nature of my interest ia the measure is as follows: ,19 ~'0 : whom Yam re[~tined. Signature ;~OTt:G~E. UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE 'FO MAKE ANY REQUIRED I~tSC~OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAL'~R¥, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAl., AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE THE Bt~ARD. COUNCIL. CO~ISSION. AUTHORI~AfOR COMMITTEE ON WHICH I SERVE IS A UNIT OF: COUNTY O'rHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: L~ ELECTIVE ; ]fAPPOIN~IVE~ WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on aa appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisOry bodies who are pr~ented wilh,g voting conflict of interest under Sectiott 115',3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law'hen faced with a measure in which you have a conflict of]uterest will vary greatly depending on whether you hold an elective or appointive positiom For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. iNSTRUCTIONS FOR COMPLIANCE WITH SliCTION tt2.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointixe county, mumcipal, or other local public office MUST ABSTAIN from voting on a measnre which ~'inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) b~ whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. .~,lf. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH ~HE VOTE WILL BE TAKEN: · You should complete and file this form i before making any attempt to influence the decision} with the person ~sponsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. r rxt ~ m-ss ADDENDUM D PAGE I -, ~ ~Y~OU MAKE NO ATTEMPT TO INFLUENCE THE ,DECISION EXCEPT BY DISCUSSION AT THE MEETING: ,~,ou ,sho~uJd disclose orally the nature of your conflict in the measure before participating. ' · ~you:~houid compIete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes~[ ,of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S IHTEREST {a) Amq~eas~re came or will come before my agency which:{cheek one) ,,-,, 'inured to my specia pr rate gitin; or .. 4i~ured to the special gain of (b)'T,he ~measure before my agency and the nature of my interest in the measure is as follows: · by whom l-am retained. Date Filed Signature ~NO~,gGE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (t985), A FAILURE TO MAKE ANY REQUIRED I~SCEOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEC~.CHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION.tN ' SAL~R!¥, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000,