Minutes 01-15-02MZNUTES OF THE REGULAR cTrY COMMISSION N Em, .NG
HELD IN COMMI'SSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLOR[DA,
ON TUESDAYt 3ANUARY 15r 2002 AT 6:30
PRESENT:
Gerald, Broening, Mayor
'Ronal;d'Weiland, Vice Mayor
Mike Ferguson, Commissioner
Charlie Fisher, Commissioner
MaCk Mccray;, CO~nmissione{-
OPENINGS:
Kurt Bressner, City Manager
3ames Cherof, City Attorney
Janet Prainitoi City Clerk
Call to Order - Mayor Gerald Broening
Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church
Pledge of Allegiance to the Flag led by Commissioner Ferguson
Mayor Broening called the meeting to order at 6:33 p;m. Rev. Dr. Cook offered the invocation
and Commissioner Ferguson led the Pledge of Allegiance to the F ag
D. ]F YOU VV~SH TO ADDRESS THE
· F][LL OUT THE APPROPRIATE REQUEST FORM ,,
· GZVE TI' TO:THE CJL1't' CLERK ((~N THE DAIS) BEFORE THE OPENZNGS
POR'rLON OF THE AGENDA HAS BEEN: COMPLETED
· COME TO THE PODZUM WHEN THE MAYOR ~LLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNZN'rERRUPTED MINUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
Motion
Vice Mayor Weiland moved that item XIII.A follow Public Hearing. Commissioner Fisher
seconded the motion that carried unanimously.
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda as amended. HoUon was seconded by
Commissioner McCray andcarried unanimously.
Meeting Minutes,
3anuarvlS, 2002
II.
PUBI.[C AUDIENCE:
:[NDZV~DUAL SPEAKERS WZLL BE L:[MTrED TO 3-MTNUTE PRESENTATIONS
the C b/Clerk.
Terry ~iames, e
no other drive-thru windows
regarding the noise and the
Krspy Kreme~. She said thal:~tbere,,are
a residential area. She was:, c~ncemed
the
~ on two advisory
2. He was
HumOrs, Run n~the
comment on this
3. Regarding Krispy Kreme,
He said that having Leisureville and
that district and heWould have more
sten to '~vhat the prewous
said it will be a hang,out and a problem .
ChristoPher Trent Ward~ 3102 Palm Drive, rePorted that there was an illegal business
operation (Barcelona Precast) at 3025 S. Federal Highway It is zoned for retail and an
r~dustrial bus ness is-being ru~ there Wtbobt an-occUpa~iOnal license. He ~aid that this property
was annexed into the City.
City Manager Bressner thought that this property was in an unincorporated portion of the
county. [t was tracked through the Development Department and it showed that it was not in
the City; however, he will follow up on this.
PUBI.ZC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
Project:
Agent:
Owner:
Location:
Description:
Dakota Lofts
H. P. Tompkins
Chart's Enterprises
3010 S. Federal Highway
Request to reclassify the subject property from Local Retail
Commercial and Low Density Residential to High Density
Resident!al, and rezone from C-3 Community Commercial and
AA singl~;~amily Residential to Planned Unit Development (PUD).
The applicant proposes to develop the property with 19 three-
story town homes and related site improvements. The site plan
(NWSP 01-010) will be adopted as the master plan for the PUD
2
Meeting Minutes
Dick Hudson, Senior Planner with the Planning &'Zening Division, explained that this land use
amendment and rezoning is for property located at '3010 S. Federal Highway, which is the site
0fthe fOYer, Sun Wah Restaurant, 'staff' ~eviewed these requests and they are consistent w th
the Cornprel~ensve Plan and with the Federa: H ghway Corridor Plan. Therefore, ,they
recommend approval of both of these requests.
City:Attorney Cherof said that this'is a quasi-judicial proceeding. He conducted a bulk swearing
in-f:Or anyonewiShing to speak at'the Public t-learing, He asked tha~ f other documents were to
be inClQcied ,in the r~cord, they be. identified and left with the Clerk [f;anyone is speaking as an
e~peft'Witne~S~ they Sli0uld advise of that fact; '-
Kristen Conti, I Virginia Garden, Delray Beach, spoke on behalf of Dakota Lofts. She said
that se~veral areas of concern frem the residents have been resolved ,with the deve oper. She
presented a letter to the Clerk from Dakota Lofts regarding the use of the cenal~'.and secudb/
gates. This letter is marked '~Attachment 2" and is attached to the original minutes on file In
the office of th,e Oty Clerk. She asked whether it was a condition of approval that C ty~water~be
p~ovid~d to ~ reSiden~ of Bar~boo Lane~
Michael Rumpf, Planning & Zoning ,Director, said that City water would be provided to residents
on Bamboo Lane who ar~' ca~r~itly~ a~cessing water via a well and any others who have
negotiated.
Fred Canova, 815 Bamboo Lane, Delray Beach, presented a letter with exhibits to the
Commission. These items are marked "Attachment 3" and are attached to the original minutes
on file in the office of the City Clerk. He was concerned regarding safe access into Bamboo
Lane~ The developer ~eeds to address this by either widening the entrance or making the
access through Virginia Gardens.
Mr. Canova was also concerned regarding the 47' high roofline next to his one-story home.
This new designation will allow the developer to build a 45' high building. This will have an
enVironmental impact on his home. He would be much more amenable to the zoning change if
they ~:ould on y build to a height of 30'.
Mr. Canova said that a PUD should relate to the characteristics of the surrounding area. This
proposed development is adjacent to one-story residential homes and is out of scale with its
surroundings. It does not meet the definition of a PUD.
Al Serino~ Palmer Road, Delray Beach~ stated that there appears to be some ~nconsistency
between the site plan and the elevations of the eight buildings bordering Federal Highway. The
elevations,show a separation of buildings with a green area in between and the site plan shows
no =separations. He said that Palmer Road empties out into the entTanceway of the Dakota Lofts
project. There is no off-street parking anywhere around Dakota Lofts and because of this,
there needs to be some amendment to the plan, which provides only five guest spots for
parking.
Meeting Minutes
Regular City Commi.ss. ion
Bo~nton -Re~"*h; Florida
Press Tompkins, engineer and planner for Dakota Lofts, said that there is no legal
document of record can find that creates inia Gardens or Bamboo Lane. He does
not ~affic
repo~ to tthe City,
trips a day amd only 190 be
is I wide.
n~ Mr~, "Rumpfi~sta~:'~ 'th~. h~ight cannot be in
approve the land,use and rezoning for Dakota Lofts. Vice
: carried unanimously.
' ' 0f Intent (Resolution No..R02-006)I to,adopt pending Land Development
~ B. ~.~ Notice
Amendment
City Attorney Cherof Stated that this was listed under Public Heating to afford the public an
opportunity to cornmenL
Planning & Zoning Director Michael Rumpf explained that this issue was raised by the
neighboring residents, who were concerned regarding the maximum development potential on
vacant parcels in the M-1 zoning district on the south end of Congress Avenue. There are a
vast number Of indu~fial uses that could currently ~be constructed on the remaining hand. Staff
is prepared to evalug[e the current regulations and:;will have~ recommendations in six months.
Commissioner Fisher asked whether all the homeowner associations~that surround this area
could be notified of 'this planned six-month study. Both City Attorney Cherof and Mr. R~umpf
replied in the affirmative.
Motion
Commissioner Fisher moved to approve the Notice of Intent with the amendment that the
homeowner associations surrounding this area will be notified. Motion was seconded by Vice
Mayor Weiland and carried unanimously.
UNFZNZSHED BUS'rNESS:
A. Continued discussion of enforcement of , ,current regulations requiring shade
canopies to be defined as "structures" and, therefore, subject to building codes
and zoning regulations
4
Meeting Minutes
Regular City Commission
BoF~ntOn Beach. Florida
3anuarv15, 200~
Michael Rumpf, Planning & Zoning Director, showed photographs of shade canopies taken
throughout the City. Several have been cited recently. They are considered structures and
David Kal:z, 742 NW 11t~ Street, said that they previously had a prob em w th these
canopies in the Sky ~k~ subdivision. No one took them down when a storm was approaching.
It is a safety issue. They are temporary structures that become permanent structures. He
urged the .~omm, ission to follow the Planning & Development Boarc and staff's
rec°rnmehda~ions t°~co~sider t~t~em as structures ~,
be rem?ved to take
331'NE 16m '~
, said that his wife called the City before they
for
that has to
a
:ence. He tried ~ permit and cannot
Dick Philpott, 1361
said he is president of the Golfview 'Harbour
So many of
asked
Commissioner Fisher said that initially no one was complaining regarding these canopies but
now h~ is ~ceiving callSsaying that they are an eyesore. A temporary structure that has been
up for two years is no longer a temporary structure. He questioned what the difference is
between a t~nt-like canopy for over the patio and one of the Canopies that are shown in the
photographs provided by Mr. Rumpf.
Don .Johnson, Building Official, said that lO"x 10' canopies used for a weekend for a party are
no problem. They haYe not been addressed and there have not been any complaints regarding
them. :He also statedbhat the canopies that are engineered Gould be permit;ced if they meet
windload arid setbacks.
Chris DeUso~ 6 Valencia Drive, is Chairman of the Code Compliance Board. He suggested
that they attempt to modify the code to set a standard Tt is not fair to make people take these
canopies doWn after they have'been up for two or three years.
When asked by Commissioner Fisher, City Attorney Cherof said that a permit fee cannot be
waived. Someone must pay.
City Manager Bressner said that one of the problems is how to deal with these structures in
areas (setbacks) where they are not currently allowed. We may want to provide technical
assistance tO residents t? h~lp them bring the canopies up to code. it was the consensus that
there is not a problem ~f the canopies meet the windl0ad and zoning. There is a question
5
M~ting Minutes .
R~ular Ci~ COmmission
Bgyntqn _~h; FlOrida
whether it is possible to retrofit them to meet the code. It may not be possible. They must be
ooked at on a case-by-case basis. Some of the canopies do meet code.
Vice Mayor,,Weilaqd a~s~ed wh~ther the City would be lable f:they,~lloTM a person to ~n~ruct
strc~ctur~' V~JtHOut a permit and the~e is damage caused'by t~at s~tEQ~ur~e,.~ city A~Orn~Y ~herof
answered "no."
commissioner McCray wondered why it took two years for the City to, cite thb owner of 331 NE
',16t~ A%enue.
COmmiSSioner~Fergu~n sa d h& coud sQppo~ an ordinance ,tha~ prohi;blt~:~a'dop'~S'if they;~do
not meet windlbac] .and zoning but only if it' became &ff&~ive~in _lah~a'rY~ 2002, H& :t~hO~ght;~he
~ ' sh 'u d r"ake'S°mea[l°Wances., £om~issiope~ ~s~he~:agC~ee~ with.;Com~i~s~ner,;F~r~9~soq.
was. not
nt. They"6dgihall~ ~¢ited 75' ~,d a,9 MaUve
co~plied. ~
Vice .Mayor Weiland thought that a standard should be made.
some do not.
Some canopies look nice and
Mayor Broening sympath zed w th the people. However, in a City that s going through a
rehabilitation of tself, there should be some standards. Almost all of the surveYea CiMes have
similar constraints..Redid not think that our current standards should be redu~d; HoWever,
he, wants fairness for all the cibzens.
Commissioner Fisher asked whether City staff could meet with the 25 affected people and
explain the requirements if the Commission supports staff's recommendation tonight.
Mr. Blasie said, that this was possible. He said that most of the ,canopies dted are in the
setbacks. Most of the canopies would be relegated to the rear yard (if the setbacks had to be
met) and, therefore, would not be useful,
City Manager Bressner said the City could establish a licensing procedure where the canopies
wou d be subject to inspection at intervals and a requirement that they be removed before
storms. However, this would be very difficult to enforce. He suggested that there are
alternatives to storing items on private property, There are commercial establishments to store
equipment.
Motion
Vice Mayor Weiland moved to approve staff's recommendation to enforce current regulations
requiring shade canopies to be defined as "structures" and, therefore, subject to building codes
and zoning regu ations. He a so moved to set some type of standard that these canopies must
meet. in addition, his motion included having staff meet w th each ndividual who is Still cited
6
Meeting Minutes
Regular City Commission
BO~n~ton Be*ach, Florida
.lanuarv 15. 20n'~
to address their situation regarding whether their canopy meets setback and windload
requirements and whether the canopy could-be placed on another part of their property.
Motion was seconded by Commissioner Fisher and carried 3to 2, with Commissioners Eerguson
and McCray dissenting.
IV. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray announced that the dedication of the breezeway at Hester Center will be
held on .lanuar,/16, 2002 at 5:30 p.m.
V. ADMZNZSTRAT~VE:
A. Appointments to be made:
Appointment
To Be Made
Length of Term
Board Expiration DatP
Mayor Broening
! Weiland
I! McCray
II! Ferguson
TV Fisher
Mayor Broening
Mayor Broening
[ Weiland
Mayor Broening
[ Weiland
[ Weiland
[ Weiland
Children & Youth Advisory Bd Stu/Reg/NonVoting
Children & Youth Advisory Bd Stu/Reg/Voting
Bldg. Bd of Adj & Appeals Reg
Bldg. Bd of Adj &Appeals Alt
Cemetery Board Alt
Code Compliance Board Alt
Comm, Redevelopment Agency Reg
Community Relations Board Alt
Education Advisory Board Reg
Ubrary Board Alt
Nuisance Abatement Board Alt
Senior Advisory Board Reg
1 yr term to 4/02
i yr term to 4/02
3 yr term to 4/04
1 yr term to 4/02
! yr term to 4/02 (Tabled-3)
1 yr term to 4/02
4 yr term to 1/06 CTabled-2)
1 yr term to 4/02
2 yr term to 4/02 (Tabled-2)
1 yr term to 4/02 (Tabled-2)
1 yr term to 4/02 (Tabled-2)
2 yr term to 4/03
Mayor Broening appointed Don Fenton to the Community Redevelopment Agency for a
year term.
four-
All other appointments were tabled.
7
MeeUng Minutes
Regular City Commission
Bovnton Beach?Florida ~ *,~ 3anua~15;~2002
MoUon
Vice Mayor Weiland moved to approve the aopointment. Motion was seconded
CommiSSioner;FergUson and carded'Unanimously. . .' .: :.-
V~. ANNOUNCEMENTS & PRESENTATIONS:
by
A. Announcements:
None
B. Presentations:
1. Proclamations:
a. "Four Chaplains Sunday"
Mayor Broening read the "Four Chaplains Sunday" proclamation. There will be a service on
Sunday, February 3~ at 7 p.m. at Ascension Lutheran Church and everyone is invited.
2. Presentation of Holiday Parade Awards by Mayor and Recreation
Department staff
Wally Majors, Recreation Director, said that the City hosted its 31~ Annual Holiday Parade in
December. He expressed appreciation to the Police Department, the Public Works Department
and the Parks Department for their assistance and efforts.
Melissa Dale, Special Events Manager for the Recreation Department, presented the following
awards:
First Family Essay Contest · :o Kara Brown
Parade awards
.:. ~- Boynton Beach High School
· :. ~SchoolDecoratedHoat- South Technical Community School
· :o Bes~hlarch/'n._ Un/t- Citrus Cove Cheerleaders
o:. Ba~March~.. Band- Roosevelt Middle Scho.o.I M_a. rchilng Band
· :. ~ Youth D~comt~dFloat- St. Mark Catholic ~cnoo
.:. ~- United Rentals
· :. Be~-¢ Porlrava/ofParade Theme- Chdsta McAuliffe Middle School
Ms. Dale thanked the judges and recognized Kdsten Conti of Sailfish Realty.
Meeting Minutes
Regular ~ity Commission
Bovnt°n:Beach. Florida
3anuarvI5,209~
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 eechitem, with all of the accompanying
material to become a part of the Public Record, and subject to staff comments.
A. Minutes:
1. City Commission Workshop of December 202 2001
2. Agenda Preview Conference of DeCember 27, 200:~
Bids and Purchase Contracts -Recommend Approval - All expenditures are
approved in the~2001-2002 Adopted Budget
Award a contract in the amount of $1,24:L,950 to Chaz Equipment
Company, Inc. of Wellington, Florida as the successful bidder under
Bid No. ~05,241~3-02/C,3D for the San Castle Subdivision Water System
Improvements Proiect and to establish a total project budget
approp¢iati°n in the amount of $.1,3Q4,0~7 (Proposed Resolution No.
R02-007)
Spit award the bid for GREAT AMERZCAN LOVE AFFAIR (G.A.L.A.)
CONCESSIONAIRES FOR FOOD, BEVERAGE; AND BEER & W]~NE to San
Francisco Puffs and Stuff, and the Greater Boynton Beach Chamber of
Commerce, Bid #025-2710-02/KR (Proposed Resolution No. R02-008
and Proposed Resolution No. R02-009)~
Approve the expenc~iture of $42,977 for five Touch Screen Kiosk/Desktop
ApblcatiOns from. Geographicalra~ Technologies Group through SNAPS
Agreement #2522306-1
4. Approve the expenditure of $50,000 for. Data Layer Creation from
G&ographical Technologies Group through SNAPS Agreement #2522306-1
Approve the expenditure of $65,000 for Arc, MS Intranet/Internet G.I.S.
software and custom programming of the website through Geographical
TechnolOgies Group. (SNAPS Agreement #2522306-1) and C&C Solutions,
Inc. (SN~PS Agreement #9911742)
C. Resolutions:
Proposed Resolution No. R02-010
Addendum to Appointment Agreement for
Recreation Department
Re: Approving
Wally Ma~ors, Director,
Commissioner Fisher requested that item C.l be pulled for discussion.
9
Meeting Minutes
Regular City Commission
B~t~n Beach, Florida 3anuar~
Proposed Resolution No. R02-011 Re: Authorizing
the i'~layor to sign a deed of conservation.easement for the mangrove
area of IntraCOasta Park '
Commissioner Fisher requested' tl~at item C.~'~e pulled for discussion.
3. Proposed Resolution No. 02-O12
City,Pa~/: Plan
Re: Modification to
Commissioner Fisher requested tl~at tern :C,3 be pulled for-discussiom
Proposed Re: Approving the
;0untY a0d the City of Boynton Beach to
provide funding to help offset the cost of hosting the FAMU band
Re: Ratifying the
~ the City of Boynton Beach and
AFLoCTO, CLC, Local
-Pending rabY~c~on of ff~e
D. Ratification of-Pla~ing 8, Development Board Action:
None
E. Ratification ofC0mmUn ty .Redevelopment Agency ACtion:
Dakota lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request
for Site Plan approval to construct ~.9 multifamily town homes, recreation
area, and related site improvements on two acres
Marouffs Car Wash - Las Palmas Avenue & North Federal Highway -
Request site plan approval for a car wash facility on 0.22 acres
Commissioner Fisher requested that item E.2 be pulled for discussion.
Approve donation of $5,000 to the YMCA of Boynton Beach from the Police
Department's forfeiture account
G. Intentionally left blank
Authorize transfer of $12,500 from the Contingency 'Fund to the Recreation
Special Events Fund, and using $12,500 from the Recreation Revenue Fund, The
monies will be used to support HedtageFest 2002
10
MeeUng Minutes
Regular City Commission
Bov~tjon Beach, Florida
3anuarv15,2007
MOtion
Commissioner Ferguson moved to approve the consent agenda as amended.
McCray seconded the motion that carried unanimously.
Commissioner
Proposed Resolution No. R02-O10
Addendum to Appointment Agreement
Recreation Department
Re: Approving
for Wally Majors, Director,
Herb Suss said that it has been great working with Mr. Majors on a reciprocal agreement with
Boynton Beach High School regarding various performances.
Commissioner Fisher stated that whenever Mr. Majors ~s congratulated on a job well done, he
always gives credit to his staff.
Motion
Commissioner Fisher moved to approve proposed Resolution
seconded by Commissioner McCray and carried unanimously.
No. R02-010.
Motion was
Proposed Resolution No. R02-011 Re: Authorizing
the Mayor to sign a deed of conservation easement for the mangrove
area of Zntracoastal Park
Commissioner Fisher questioned whether this was just for the right-of-way or the entire parcel.
City Attorney Cherof responded that this easement is just for a portion of the parcel.
Motion
Commissioner Ferguson moved to approve proposeC Resolution No. R02-0].1. Commissioner
McCray seconded the motion that carried unanimously,
C.3. Proposed Resolution No. 02-012
City Pay Plan
Re: Modification to
City Manager Bressner explained that the changes clarified a number of items (e.g., how to
classify hours during the workweek, reclassifications and how performance evaluations are
conducted). These ire personnel rules and regulaUons that would impact City employees.
Motion
Commissioner Fisher moved to approve proposed Resolution No. 02-012.
by Commissioner Ferguson and carriec unanimously.
Motion was seconded
Marouffs Car Wash - Las Palmas Avenue & North Federal Highway -
Request site plan approval for a car wash facility on 0.22 acres
Hope DeLong, 707 Presidential Drive, stated that the proposed car wash is behind the
Texaco gas station at the beginning of a very narrow residential street. She said that there is
already a problem getting into the homes there because of the traffic at the gas station, lit is a
very dangerous intersection. They already get traffic from the Texaco station turning around in
11
Meeting Minutes
Regular City Commission
Bpynton Be?-~, Florida
'3anuarv 15,, 2002
their area. She said that a petition had been presented to the City Commission. She asked
them to reconsider this car wash.
City Manager Bressner stated that there is a traffic signal at Federal Highway and Gateway
Boulevard: Las Palmas Avenue s an extens on,of Gateway::Boulevard;
Michael Rumpf, Planning & Zoning Director, said that the.traffi~'signat is intended to regulate
that intersection.
When asked by Mayor Broemng regard~n~ the, amount cfr,accidents at' this intersection, it Was
explained that ~ere had not been any acCident data,provided.
Mr. Rumpf explained :that a t~affic study for ,the project was performed,, which Palm Beach
County 'reviewed, and it met the Traffic Performanc~ Standards. However, being a local street,
the c~un~ d0~s not review for traffic impact. A variance was required for this project because
Of the?siz~ of*th~ :lo~ -~ : -
Vice Mayor Weiland questioned the location of the driveway to the car wash ,~,t was exp ained
that the driveway Wa;: approximately at the center,Of the ~pr°Perty and LaNotte's driveway was
just to the west of the driveway for the cat ~waSh; : .- :
Commissioner McCray questioned what would separate the car wash from the residential area.
Mr. Rumpf stated that there would be a buffer ;wall; a hedge ,and trees. The car wash will
resemble a single family home There was a conditional requirement by the CRA that ~e hours
of operat~n be limited to daylight hours (due to !lack Of Site lighting), not to exceed 7.00 a.m.
to 7i00 p~m. Also, there were limitations on the~bund sYstems.
Commissioner Fisher questioned whether this Would' be a full-service car wash.
Beril Kruger, agent for the owner, explained that the customers would stay in their cars for
the car wash and there would only be one emplOyee to dry *the cars. There would be no
waxing of cars.
Vice MayorWeiland questioned whether tbetdfivewayfor Texaco could be used for the car
wash.
Mr. Kruger was told that this project must stand on its own. ~t cannot be attached to the
Texaco station.
Mr. Rumpf explained that the gas station is a nonconforming use and the code prohibits
expanding a nonconforming use. There is logic to connect the two; however, the code prohibits
it.
Mayor Broening stated that he lives just to the north of this area, which also has C-3 zoning at
the comer. The only access to the boat yard in his neighborhood is offof North Road. ]It is one
of the residual effects of living in an older community. While he is sYmpathetic to the traffic
12
Meeting Minutes
Regular City Commission
Bo~'nt°n Beach~ 'Florida
3anuarv 1.5, '2007
problem, he thinks that it is only, a potential traffic problem. He does not think traffic wilt be
impacted to any greater extent th!an it is now.
Mr. Rumpf stated that one of the CPA's conditions was inadvertently left off Of the Conditions of
Approval. The condition wa? to limit the proposed parking space within the structure to
emP[OYee:p~rking and n~t ?01'~ehicle-servicing~ He ~.s. ked,that this con~iti0n be included ~n the
Co,mmissi0n's feco~mehdatiop.~ Sta~s rec0mm~ndati0n is'to keep the ~we uses (gas station
and car wash) separate. City AttOrney Cherof concurred.
Vice Mayor We and wou d like to reconfigure the dr veway f possible.
City Manager BreSSner questioned whe~er .taking access from the Texaco parcel rather than
taking a~cce~ off t~e st~eet, wo~l:d I~e a6:~Parisi6n of the n0n'i:bnf6rming
City Attorney Cherof statedr that; in his:opinion, it is. It alsomakes it very difficult in the future
for the attrition of the nonconforming use, which is the gas station. When that use goes away,
the access goes away and will restrict the property owner from selling the proPerty.
City Attorney Cherof that having a cross
Mayor Broening said that this is a C-3~ zoning dis~ict. The owner of Texaco is an asset to the
community. The design ,0¢'the car w~sh iS g,ei~/d r; When you 'llve in a c~rnmunity that abuts a
major thoroughfare, you must deal with ;Cbm~da activity.
Vice Mayor Weiland questione(~, whether it was possible to des gn the driveway in a manner that
would make it almos~ impossible for t~affic e~ifing the car 'Wash to turn r~to the. res dent a
community,
Mr. Kruger will ask his engineer to investigate whether this can be ,done and whether it is legal.
it could be made a Condition of Approval if it possible to be done.
Motion
Vice Mayor Weiland moved to approve item E.2 with CPA's conditions as amended tonight (that
the proposed parking space within the structure be limited to employee ~3arking and not for
vehicle servicing). Also, an additional condition was that the agent for Marouf Car Wash work
with staff and the agent's engineer to ascertain whether a driveway could be designed as
discussed. Commissioner Fisher seconded the motion that carried unanimously,
VIII. CITY MANAGER'S REPORT:
A. Traffic Control and Traffic Calming Final Report
.]eft Livergood, Public Works Director, presented a report on a traffic engineering program and a
traffic calming program, which address the concerns of residents. He reported that the City did
acquire traffic ceunting equipment and staff has been trained in its use. The Police Department
and the Public Works Department are working together to use this new technology. The traffic
13
MeeUng Minutes
Regular City Commission
BovnLon Beach, Florida
A rnnu nf- hi~;:~e~ort S marked 'Attachment 4'~ and ~,attached to
the~offiC~0f th~ Cit~ C ark. .- -
counters measure traffic speed and volume. They have conducted a number of studies. The
main concern is speed ng. They have looked at various traffic calming devices and they have
met with homeov~ners. He said that staff has prepared two r~commendatib~s for Comm ssion
and bo~h..¢.~Qu .... re oral nantes The recommenda~onS are: .:
,~. '~iace:a section in. the~munici.pal code that requims.~hat all signs, .striping, apd t~ra~c signals
-:~h~A~ a;~ eStabli~e~l bY d re~n Of the aty ¢0mmission or are placed.at the~direct 9~ of OW
St~ff i~e i~ a~cordance with the natioba[ NanuaF 0~.gniforrn Traffic Control Dewces.
F~-ahti~h a min'm m ~hen th~¢Jty-would consider traffic cal~bg ~-~dgv!ges. ,s~re=e~,.~si~ouJd
,~h~hir ,~r:e~e~ than ~0 ve~i~ ~' p~,'day a~d~a so U~e 'Q~ ~V6ula:c6~i~J~ ~ffi~ ~l~iri~ on
~t ose;~" , ~-t ~.,'are ~sted.u tb~!~,0 MPH~sp er~9;;~S .~?~q~Spi.e~i ~5
~e o[igi.n, al~ minu~esc.pn file mn
hot
be
· s ~Ornmend~ ve o mga pool of funds n the budget to
r ' 0 ~that~ taft ; de. ~, p, . . .
Mr. Uv~g ~[e ~: :-~"' ~ "', more
,.e~-I Cnr ~r~r'chimi~ measur~ ~ co~,S~or e~. Any pmje~ tha~would,~
should be e~l~ted aSpa~ of ~e capital' budget,
Vice;~ ~yor ~W~i ~ was appropriate. H~ al~ was
concem~ mg~ding
Hr. Liverg~d ~id ~at any traffic calming affe~ response time; ~ere~re, it is an mpo~nt
favor to ~nsider. ~ Ci~ mak~ that. c ear to resident. He ~id that $1,000 was an e~imate
for material ~sm. only, it does not include ~dck pavem.
~ere w~ d~u~ion r~arding ~ng up a plan for n~ year's budget to test a sample
neigh~o~.
Motion
Comm ssioner Fisher move~ to:
1. Direct staff to require adherence to the Hanual on Uniform Traffic Control Devices;
2, [nsta[ only those calming devices required after completion of an initial traffic study;
3. Hove ahead with those standards as proposed n the attached report; and
4. Fund the project for next year.
Hr. Livergood clarified that the motion was to direct staff to prepare ordinances as ouUined in
the attached .report; and prepare budget detailing (budget a lump sum for smaller projects and
detail arger projects in the CTP separately).
Motion was:seconded by Commissioner Ferguson and ,carried unanimously.
14
Meeting Minutes
Regular City Commission
BO~nton Beach. Florida
]anuarv lS. 200?
Stormwater Project Report Update
Dale Sugerman; Assistant City Manager,: presented a Sto~mwa,,ter project re.,p, ort on the progress
that has been made on ten projects. The report is marked Attach~nent 5 and is attached to
the original minutes on file in the City Clerk's office. Mr. Sugerman announced that there will
be public meeUngs in 3anUary and February regard ngtlie sto~mwater projects for SE 4t~ Street
and Ra road Avenue. They w)l obtamn input fromres)dents and bus ness owners,.
AssiStant Ci~ Manager Sugerman said that,the Cherry,Hill neighborhood tends, to catch, a lot -of
road and n~ighb~06d:' ~ra'sl~ , 'This trasfi geeS/into tf~e~ ~tbri'ri drains: The Engideedn~
Del:~/~ment ~,,work!ng on a~ ~mhous~ Pr0]~'t (C~erry, Hill Inlet Pro]e~to modify the ~nlets
~:0 ~at tr~sh~d&s not ~]et infO,he ~rrriw~t~frsYste~n. ' r
Vice he design for the Railroad Avenue project would be
public's :input
Vice Mayor Weiland questioned what the current figure in the utilities reserve account was.
Assistant City Manager Sugerman said that there are a number of reserve accounts. There is a
total of $67 million in all reserve accounts.
vice Mayor Weiland requested a report on the amount of funds in the accounts, what,hey can
be used for, what money needs to stay in reserve and what future projects the money is
earmarked for.
City Manager Bressner said that there would be an updated report for the Commission at the
February ~9~ meeting.
When asked by Commission Fisher, Assistant City Manager Sugerman said that Mr.
Whitherspoon's neighborhood area will be added onto another stormwatar improvement project
that is in the conceptual design phase.
Commissioner Fisher also requested follow-up stormwater meetings with residents in August
and September.
Commissioner McCray asked regarding the time frame for the Cherry Hills Inlet Project..left
Livergoed said that it would be on the street in six to eight months.
C. Marina Project Update - Verbal Report from Developer
City Manager Bressner said that they have had meetings with the developer and are making
progress on refining the project. This week they met with representatives of AERC, owners of
the project.
15
MeeUng Minutes
R.egUlar City Commission
Bo~ntOn' Bench-~ Florida
lanuarv 15.~ 2002
Bruce larvis, developer, said that they were completing the punch list work on the Madna. The
electrical work is 60% completed. The goal is to have the Marina ready to be operating, at
east temporarily, either the first or second week of February.. The construction on Casa i~oma
Bouleva ~d,~shouid: ~, ~mPl~ted by=the e~nd ~(~f r~ext we~e~, He said-that ,~ebiweekJY task, force
me'tings Wave bee~n verY:SucceSsfuL ', ' ...... i . ....
design. They -the
was possible:that
much apo[ential,:~ .
,was very
City Manager Bressner said that in light of the conversation tonight, the date for the review of
the proposal amendment to the development agreement Will need to be changed. .
Tt was the consensus of the Commission to have the first readings of the proposed
ordinances regarding Krispy Kreme at this time.
B. Ordinances - 1~t Reading
m
Proposed Ordinance No. 02-002 Re: Amending the
Comprehensive Plan Future Land Use Map designation on a 0.62 acre
parcel from Medium Density Residential (9.86 du/ac) to Local Retail
Commercial, (Krispy Kreme)
City Attorney Cherof read proposed Ordinance No. 02-002 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-002. Vice Hayor
Weiland seconded the moUon. City Clerk Prainito called the roll and the motion carried 4 to 1
with Commissioner McCray dissenting.
Proposed Ordinance No. 02-003 Re: Rezoning from Duplex
Residential (R-2) to Neighborhood Commercial (C-2) (Kdspy Kreme)
City Attorney Cherof read proposed Ordinance No. 02-003 by title only.
16
MeeUng Minutes
Regular City Commission
Bovnt0~i' Beach~ Florida
3anuar~15,2007
Motion
Vice Mayor Weiland moved to approve proposed Ordinance No. 02-003. Commissioner
Ferguson SecOnded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1
witl~ Commi~si0ner McCra,~ diSSenting.
]:X. FUTURE'AGENDATrEMS:
Proposed-Ordinance Regarding Modifying the Development Revew Process with
respect to Environmental Permits (February 5, 2002)
Review of Proposed Amendment to Development Agreement - Marina Project
(February 5. 2002)
FRA Whistle Ben - Report (March 2002) - Delayed due to Federal Railway
AdministratiOn Delay in Rulemaking
X. DEVELOPMENT PLANS:
None
X~. NEW BUSZNESS:
Proposed ResoluUon No. R02-015 Re: Requesting a majority
of constituency in senatorial and representative districts to be created as part of
the redistricting process
Mayor Broening stated that the first plan by the Senate Redistricting Committee in Tallahassee
would only have one senator representing the whole county. This proposed resolution is to
urge the legislature to provide us with at least three senatorial districts representing Palm Beach
County.
Herb Suss spoke in favor of the proposed resolution and said that Palm Beach County is being
treated as a second class county.
Motion
Commissioner Ferguson moved to approve proposed Resolution No. R02-015.
seconded by Commissioner Fisher and carried unanimously.
Motion was
LEGAL:
A. Ordinances -- 2nd Reading - PUBLIC HEARING
None
17
Meeting Minutes
Regular, City CO~mission
Bovntmi: Beach.~Florida
:3anuarv:.15.~2002
B. Ordinances - 1~ Reading
~Re: -~ Amending.
Chapte~ ~.6, "Parks and Recreational! Article ~[I, ~"City, Parks,and Beaches"
by ~istrative authority to
designate and : Zones
City Attorney Cherof read,proposed Ordinance No 02~001 by t~le on y.
commissioner Ferguson moved to approve proposed Ordinance No~ 05 0~1. Commissioner
Fisher seconded the motion. City Qerk Prai~ito. celled the';roll and the motion carried
unanimously.
4. Proposed Ordinance No. 02-004 Re: . .Reeealing Article III
of Chapter 18,and adopting a new Arti?le HI of Chapter 18, Municipal
Police Officers Retirement Trust, Fund;~providing f~ the .creation and
ma ntenance of th& fund and pr°v ding fo~ repeal of anY part of Une Code,
an Ordinance or Resolution in c°nfiict
City Attorney Cherof read proposed Ordinance No. 02~004 by title only.
Motion
Vice Mayor Weiland moved to approve proposed Ordinance No. 02-004. Commissioner McCray
seconded the motion. City Clerk Prainito called the roll and the motion carried .unanimously.
5. proposed Ordinance No. 02-00S Re: Amending Section 18-
t81(A)(4) of the Firefighters' Pension Plan to permit the purchase of
investment grade bonds with not greater than 10% of the fixed income
portfolio, amending Section 18-183 (a) to provide for three-year
averaging in the computation of average final compensation, and creating
Section 18-].84 providing for ~he potential payment of a 13~ monthly
pension payment
City Attorney Cherof read proposed Ordinance No. 02-005 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-005. Commissioner
~4cCray seconded the motion. City Clerk Prainito called the roil and the motion carried
unanimously.
C. Resolutions:
proposed Resolution No. 02-016 Re: Authorizing the use of
eminent domain to acquire the public fight-of-way necessary to develop
the Boynton Beach Boulevard Promenade and Riverwalk
18
Meeting Minutes
Regular City Commission
Bovnton Beach,~ Fl~Hda
3anuarv 15. 200?
City Attorney read proposed Resolution No. 02-016 by title only. Handouts were distributed
showing aerial views of the ;ar~cels. These are marked "Attachment 6" and are attached to the
original minutes on file in the City Clerk's office. ' He explained that the first two parcels run
along the extension of Boynton Beach Boulevam, east of Federal Highway to the Intracoastal.
The third parcel connects at the north end of parcel number two.
Vice Mayor~ Weiland questioned whether it Was necessarY -for the City to spend the extra money
to take the entire proPe~,when it is very unllkely'that anythihg would be built on it,
Commissioner Fisher commented that the City would have an opportunity to make it into a park
later if we owned the property.
Janet Hall, owner of the ,property, wondered why the City did not.make her an offer ,to buy the
property before this legal proceeding.
City Attorney Cherof said that there have been offers made by the City to acquire this properb/
in the past~ and he was der'cain that these offers would be renewed before the court proceeding
begins. The last~offers, which were based on the appraised value of the property, were
rejected.
Ms. Hail stated that there had only been one offer and it was not a fair pdce. She said that
they have never had a formal wdtten offer or a meeting.
Pis. Hall's daughter said that the price offered previously was $117,000 for three parcels and
that was an unfair offer.
City Attorney explained that if the Commission approves the resolution tonight, the next step
would be for the City to Cenew the offer.
When asked regarding the time frame for the City to renew the offer, City Attorney Cherof said
a meeting could be scheduled 'in the next few weeks. If the resolution is tabled tonight, a
meeting with Pis; Hall could be held before the next Commission meeting.
Motion
Commissioner Ferguson moved to table proposed Resolution No. 02-016 to the February 5t~ City
Commission meeting. Vice Hayor Weiland seconded the motion that carded 4 to ! with
Commissioner Rsher dissenting.
D. Other:
None
19
Meeting Minutes
Regular City Commission
B¢~ntgn: Be-ach; Florida
3anuarv15,2002
XZ2Z. UNFZN1[SHED BUSZNESS:
B.. Update on Mangrove'High School Restoration
Peter Moritz, President of the Boynton Beach Historical' Society,, presented~ a letter to the
Commission. A copy of the letter is marked "'Attachment 7" and is attached to the original
minutes ,on file jn ~, ~Offi~e, Qf~ the Cb Clerk~ ~ The rHistorical~SO~[ety~JS'~planning to talk to
theatrical g~oup~:who~ may~i~e witl!ag!t~ ~ake' Ov~r at ,~e school~ ~He~Will~ha~e more information
at the dFebruary Sm commission meeting.
There being no;further business before the City Commission~ the meeting adjourned at 10:00
p.m.
C~TI'Y OF BOYNTON BEACH
Deputy City Clerk
(5 tapes)
Vice Hayor
Commissioner
20
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statutes->View Statutes->2001->ChO163->Secti°n 3184: 0-4IT¥ C~ISSION MINUTEs 1/1§/02---
' ATTAC~NT %1
The 2001 Florida Statutes
~itle XZ cha. Ate r~_Z63 Vj~ !~n_tk~
County Organization And ~ntergovernmenta[ Intergovernmental Chapter
R~tions Programs
163,31~ Proce~ fa~i°n of comprehensive plan or plan amendment.--
(1) DeF~N~ONS.--As uS~ ~is se~ion:
(a) "Affe~ed pe~0n" includes the affected local government; persons owning prope~y, residing,
or owning or operating a basiness wi~in the boundaries of the local government whose plan js the
sebje~ of the review; and ~d~o~ning Io~1 9ovemmen~ tha~ can demon~rate that the plan or plan
amendment will produce s~bst~tial imp~ on the increased peed for publicly funded
i~fra~Ure or substantial impa~s on areas design~ed for prote~ion or special treatment within
~eir jurisdiction ~ech pe~0n, other than an adjoining io~l government, in order to quali~ under
this defini~on, shall als0 have sbbmi~ed oral or wr~en comments, recommendations or
obje~i&nS to the local govemm~n[ during the period of time beginning with the ~ansmi~al
hearing for the plan 0r pla~ ~mendmen~ and ending With ~e adoption of the plan or plan
amendment.
(b) "In compliance" means consistent with the requirements of ss. L63.3177, !63.317_8_,
16.3.,.~ ~6.~..3191, and 163.3.~.5~ with the state comprehensive plan, with the appropriate
strategic regional policy plan, and with chapter93-5, Florida Administrative Code, where such rule
is not inconsistent with this par~ and with the principles for guiding development in designated
areas of critical state concern.
(2) COORDINAT~ON.--Eech comprehensive plan or plan amendment proposed to be adopted
pursuant to this part shall be transmitted, adopted, and reviewed in the manner prescribed in this
section. The state land planning agency shall have responsibility for plan review, coordination, and
the preparaUon and transmission of comments; pursuant to this section, to the fecal governing
bedy responsible for the comprehensive plan. The state laed planning agency shall maintain a
single file concerning any proposed or adopted p]an amendment submitted by a local government
for any review dnder this section. Copies of all correspondence, papers, notes, memoranda, and
other documents received or generated by the state land planning agency must be placed in the
appropriate file. Paper copies of ail electronic mail correspondence must be placed in the file. The
file and its contents must be available for public inspection and copying as provided in chapter
1:[9.
(3) LOCAL GOVERNMENT TRANSMITFAL OF PROPOSED PLAN OR AMENDMENT.--
(a) Each local governing body shall transmit the complete proposed comprehensive plan or plan
amendment to the state land planning agency, the apprepdate regional planning council and water
management district; the Department of Environmental Protection, and the Department of
Transportation immediately following a public hearing pursuant to subsection (15) as specified in
the state land planning agency's procedural rules. The local governing body shall also transmit a
copy of the complete proposed comprehensive plan oP plan amendment to any other unit of local
government or government agency in the state that has filed a written request with the governing
body for the plan or plan amendment.
(b) A local governing body shall not transmit portions of a plan or plan amendment unless it has
previously provided to all state agencies designated by the state land planning agency a complete
copy of its adopted comprehensive plan pursuant to subsection (7) and as specified in the agency's
procedural rules; In the case of comprehensive plan amendments, the lecal governing body sha~l
transmit to the state land planning agency, the appropriate regional planning council and water
management district, the Department of Environmental Protection, and the Department of
Transportation the materials specified in the state land planning agency's precedural rules and, in
cases in which the plan amendment is a result of an evaluation and appraisal report adopted
pursuant to s. 1,6_~L}.~,9_1., a copy of the evaluation and appraisal report. Local governing bodies
shall consolidate all proposed plan amendments into a single submission for each of the two plan
amendment adoption dates during the calendar year pursuant to s. 163.3~87,
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(C) A local government may aaopt a proposed Dian amenament prevlouety transmlttaa pursuant
this subsection, unless review is reauested or otherwise initiated pursuant to subsection (6).
(d) in cases in which a local government transmits multiple individual amendments that can be
clearly and legally separated and distinguished for the purpose of determining whether to review
the proDosea amendment, and the state land planning agency elects to review several or a po~on
of the amendments and the ~ocal government chooses to immediately adopt the remaining
amendments not reviewed, the amendments immediately adopted and any reviewed amendments
~nat the local government subsequently adopts together constitute one amendment cycle in
accordance with s.
(4) INTERGOVERNMENTAL REVIEW.--If review of a proposed comprehensive plan amenament }s
requested or otherwise initiated pursuant to subsection (6), the state land planning agency within
5 working days of determining that such a review will be conducted shall transmit a copy of the
proposea plan amendment to various government agencies, as appropriate, for response or
commenT, including, OUt not limited rD, the Department of Environmental Protection, the
)epattment of Transportation. toe water management district, and the regional planning council,
and, in the case of municipal plans, to the county land planning ~gency. These governmental
agencies shall pro~,ide comments to:the state and pianging agency within 30 days after receipt of
the proposed plan amendment The appropr ate reg onaJ plannibg council shall also provide its
written comments to the state land planning agency within 30 days a~cer receipt of the proposea
3 an amendment and shall specify aoy objections, recommender ohs for modifications, ~nd
comments of any other regional agencies to which the regional planning council rr~y have referred
the proposed plod amendme~. Wri~en comments submitted by the public within 30 days after
notice of transmitta~ ~y the local government of tl~e proposed plan amendment will be considered
as if submitted by governmental ageDcies. All written agency and public comments must be made
part of the fiie maintained under subsection (2),
(5) REGIONAL, COUNTY, AND MUNICIPAL REVII~W.--The review of the regional planning council
~ursuant to subsection (4) shall be Jimitad to eftects on regional resources or facilities identified m
the strategic regional policy plan and extrajurisdictional impacts which would be inconsistent with
the comprehensive plan of the affected IDeal government, However, any inconsistency between a
local Dian or pmn amendment and a strategic regional policy plan must not be the sole basis for a
notice of intent to find a local plan or plan amendment not in compliance with this act. A regional
planning council shall not review and comr~ent on a proposed comorehens~ve plan it prepared
itself un Jess the man has been changed bythe local government subsequent to the preparation of
the plan by the regional planning agency. The review of the county land planning agency pursuant
to subsection (4) shall be primed y in the context of the relationship and effect of the proposed
plan amendment on any county comprehensive plan element, Any review by munic oelities will ge
primarily in the context of the relationship and effect on the municipal plan.
(6) STATE LAND PLANNING AGENCY REVIEW,--
(a) The state land planning agency shall review a proposed plan amenament upon request of a
regmnal planning coundl, affected person, or local government transmitting the p~an amendment if
the request is received within 30 days after transmittal of the proposed plan amendment aurseant
to subsection (3). The agency shall issue a report of its objections, recommendations, and
commerms regarding the proposed plan amendment, A regional planning council or affected person
requesting a review shall do so by submitting a written request to the agency with a notice of the
request to the IDea government and any other person who has requested notice.
(b) The state land planning agency may rewew any proposed plan amendment regardless of
whether a request for review has been moan, if the agency gives notice to the local government,
and any other person who has requested notice, of its intention to conduct seco a review within 30
days of transmittal of the proposed plan amendment pursuant to subsection [3).
(c) The state land planning agency shall establish by rule a schedule for receipt of comments from
The state land alarming agency shall have 30 days to review comments from the varmus
~uring that period, the state land olanning agency shall transmit in writing its comments to the
comprehensive pian or to implement such a permitting program in its land develosment
(d) The state lend planning agency review shall identify all written communications with the
agency regarding the progosed Dian amendment. If the state land planning agency does not issue
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received 30 days after transmittal. The written identification must include a hst of all documents
received or generated p¥ the agency, which list must be of sufficient specificity ro enable the
documents to be identified and copies reuuested, if desired, and the name of the person to be
contacted to reouest copies of any identified document. The list of documents must be made a
cart of the public recoros of the state land planninc, agency.
(7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN OR AMENDMENTS AND
TRANSMiTTAL--The Ioca} government shall review the written commems submitted to it by the
state land planning agency, aha any other person, agency, or government. Any comments,
recommendations, or objections and any reply ro them shall be public documents, a part of the
permanent record in the matter, and admissible in any proceeding in which the comprehensive
pmn or plan amendment may De at issue. The local government, upon receipt of written comments
from the state land planning agency, shall have 2[20 days to adopt or adopt with changes me
~roposed comprehensive p an or s..J,..6_3.~j[92[ plan amendments. In the case of comprel~ensive
31an amendments other than those proposed pursuant to s. 2163.32191. the ]eca] government shall
~ave 60 days to adopt the amendment, adopt the amendment with changes, or determine that it
will not adopt the amendment. The adoption of the proposed plan or p~an amendment or the
determination not to adopt a plan amendment, other than a plan amendment proposed pursuant
to s. 2L63.3191. shall be made in the course of a public hearing pursuant to subsection (2[5). The
local government shall transmit the adopted comprehensive plan or adopted plan amendment to
the state lane, planning agency as specified in,he agency's procedural rules within l0 working
days after adoption. The oca governing t~ody shall also transmit a copy of the adopted
comprehensive plan or plan amendmen~to tl~e regional planning agency and to any Other unit of
local government or governmental agency in the state that has filed a written request with the
governing body for a CODy of the plan or plan amendment.
Z(8) NOTICE OF INTENT.--
(a) Except as ~rovided in s. 163.3187(3), the slate lana ~lanning agency, upon receipt of a lecal
government's adopted comprehensive p~an OF man amendment, shall have 45 days for review and
to determine if the ~lan or plan amendment is in compliance with this act. unless the amendment
is the result of a compliance agreement entered into under subsection [16), in which case the Bme
period for review and determination shall de 30 days. If review was nos conducted under
supsection (6). the agency's determination must be based upon the plan amendment as adopted.
If review was conducted under subsection (6), the agency's determination of compliance must be
based only upon one or both of the fo,owing:
1. The state land planning agency's written comments to the local governmen~ pursuant to
subsection (6); or
2. Any changes made by the local government to the comprehensive plan or plan amendment as
adopted.
(b)l. During the time: period provided for in this subsection, the state land planning agency shall
issue, through a senior administrator or the secretary, as specified in the agency's procedural
rules, a notice of intent to find that the plan or plan amendment is in comp!iance or not in
compiiaece. A notice of intent shall be issued by publication in the manner provided by this
paragraph and by mailing a copy to the local government and to persons who request notice. The
required advertisement shall be no less than 2 columns wide by 10 inches long, and the headline
in the advertisement shall be in a type no smaller than I2 point. The advertisement shall not be
placed in that portion of the newspaper where legal notices and classified advertisements appear.
The advertisement sha!l be published in a newspaper which meets the size and circulation
requirements set forth in paragraph (15)(c) and which has been designated in writing by the
affected lecal government at the time of transmittal of the amendment. Publication by the state
land planning agency of a notice of intent in the newspaper designated by the lecal government
sha~l be prima fade evidence of compliance with the publication requirements of this section.
2. For fiscal year 2001-2002 only, the provisions of this subparagraph shall supersede the
provisions of subparagraph 1. During the time period provided for in this subsection, the state land
planning agency shall issue, through a senior administrator or the secretary, as specified in the
agency's procedural rules, a notice of intent to find that the plan or plan amendment is in
compliance or not in compliance. A notice of intent shall be issued by publication in the manner
provided by this paragraph and by mailing a copy to the local government. The advertisement
shall be placed in that portion of the newspaper where legal notices appear. The advertisement
shall he published in a newspaper that meets the size and cit~ulation requirements set forth in
paragraph ~15)(c) and that has been designated in writing by the affected local government at the
time of transmittal of the amendment: Publication by the state land planning agency of a notice of
intent in the newspaper designated by the local government shall be prima facie evidence of
compliance with the publication requirements of this section. The state land planning agency shall
post a copy of the notice of intent on the agency's Intarnet site. The agency shall, no later than
the date the notice of intent is transmitted to the newspaper, send by regular mail a courtesy
informational statement to persons who provide their names and addresses to the local
government at the transmittal hearing or at the adoption hearing where the local government has
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the adopted amendment. The informational statements small include the name of the newspaper m
which the marine of intent will appear, the approximate date of publication, the ordinance number
of the plan or plan amendment, ano a statement that affected persons have 21 days after the
actual date of ~ublication of the notice to file a petition. This subparagraph expires July 1, 2002.
(9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.--
(a) If the state land planning agency issues a notice of intent to find that the comprehensive plan
or plan amenoment transmitted pursuant to s. ~..6.3~.316Z, s. 163.3],~.Z, s. 1~(i~,.2..1.8_9, or s.
163.3191 is in compliance with this act, any affected person may file a petition with the agencs~
3ursuant to ss. t20.569 and 120~57 within 21 days after the publication of notice. In this
proceeding, the local plan or plan amenOment shall be determined to be in c6mpliance if the local
government's determination of comolianca is fairly debatable.
(b) The hearing shall be conducted by an administrative law judge of the Division of
Administrative lteadngs of the Deaattment of Management Services, who shall hold the headng in
the county of and convenient to the affected local jurisdiction and submit a recommended order to
the state land planning agency, The state land planning agency shall allow for the filing of
exceptions to the recommended order and shall issue a final order after receipt of the
reco~nmended order if the state land pianning agency determines that the p an or p~an
amendmeat is in compliance. If the state land planning,agency determines'that the plan or alan
amendmen~ s not n compliance, the agency shall submit the recommended drder to the
Administration Commission for final agency action.
(10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN COMPLIANCE.--
(a) If the state land alarming agency issues a notice of intent to find the comprehensive Dian or
plan amendment not in compliance with this act, the notice of intent shall Be forwarded to the
Division of Administrative Hearings of the Department of Management Services. which shall
conduct a proceeding under ss. J...2..0; 569 and ..120~5.~ in the county of and convenient to the
affected local jurisdiction. The parties to the proceeding shall be the state land planning agency,
the affected local government, and any affected person who intervenes. NO new issue may be
allege~ as a reason to find a plan or plan amendment not in compliance in an administrative
pleading filed more than 21 days after publication of notice unless the par~y seeking that issue
establishes gooo cause for not alleging the issue within that time period. Good cause shall not
include excusable neglect; In the proceeding, the local government's 0etarmination that
comorehensive plan or plan amendment is in comolianca is presumed to be correct. The local
government's determination shall be sustained unless it is shown by a preponderance of the
evidenc~ that the comprehensive plan or plan amendment is not in compliance, The local
government's determination that elements of its plans are related to and consistent with each
other shall be sustained if the determination is rainy debatable.
(b) The administrative law judge assigned by the division shall submit a recommended order to
the Administration Commission for final agency action.
(c) Prior to the hearing, the state land planning agency shall afford an opportunity to mediate or
otherwise 'esolve the dispute. If a Dadcy to the proceeding requests mediation or other alternative
dispute resolution, the hearing may not be held until the state land planning agency advises the
administrative law iudge in writing of the results of the mediation or other alternative dispute
resolution. However. the hearing may not be delayed for longer than 90 days for mediation or
other alternative dispute resolution unless a longer delay is agreed to by the patties to the
~roceeding, The costs of the mediation or other alternative dispute resolution shall De borne
equally Dy all of tha parties to the proceeding.
(11) ADMINISTRATION COMMISSION.--
(a) If the Administration Commission, upon a hearing pursuant ta subsection (9) or subsection
(10), finds that the comprehensive plan or plan amendment is not in compliance with this act, the
commission shall specify remedial actions which would bring the comprehensive plan or plan
amendment into compliance. The commission may direct state agencies not to provide funds to
increase the capacity of roads, bridges, or ~vatar and sewer systems within the boundaries of those
local governmental entities which have comprehensive plans or plan elements that are determined
not to be tn compliance. The commission order may also specify that the local government shall
not be eligible for grants administered under the following programs:
1. The Florida Small Cities Community Development Biock Grant Program, as authorized by ss.
The Florida Recreation Development Assistance Program, as authorized by chapter 375.
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not pledged to pay back bonds.
(c) The sanctions provided by paragraphs (a) and (b) shall not apply to a local government
regarding any plan amendment, except for alan amendments that amana plans that have not
been finally determined to be in compliance with this parc. eno exceot as provided in s. 163.3189_
(2] or S. 163.319_1(11),
(12) GOOD FAITH FILiNG.--The signature of an attoree'y or party constitutes a certificate that he
or she has read the pleading, motion, or ether paper end that, to the best of his or her knowledge,
'nfermation, and be ief formed after reasonable inquiry, it is not interposed for any improper
purpose such as to harass or to cause unnecessary delay, or for economic advantage, competitive
reasons, or frivolous purposes or needlese increase in the cost of litigation. If a pleading, motion,
or other paper is signed n v o at on of these requirements the adrn n~trative law judge, upon
mot on or his or her own n tiative, shall impose upon the person wbo signed it~ a represented
part~, or both, an apprepria~ce ~anctiee, which may nc ude an order to pay to the other party or
partEes the amount of reasonable expenges incurred because of the filihg of the olaading, motion,
or other paper, including a reasonable attorney's fee.
(13) EXCLUSIVE PROCEEDINGS.--The proceedings under this section shall be the sole oroceeding
or action for a determination of whether a local government's ~lan, element, or amendment is in
compliance with thlS act.
(14) AREAS OF CRITICAL STATE CONCERN.--No proposed local government comprehensive plan
or ~lan amendment which is applicable to a designated area of critical state concern shall be
effective until a final order is issued finding the plan or amendment to be in compliance as defined
in this section.
2. The ~cond public hearing shall be held at the adoption stage pursuant to subse~ion (7). It
~hal{ be held on a weekday at least 5 days after the day that the second adve~isement is
published.
(c) Ifthe proposed comprehensive plan or plan amendment changes the actual list of permitted,
conditional, or prohibited uses within a future land use category or changes the actual future land
use map designation of a parcel or parcels of land, the required adver~laements shall be in the
format prescribed by s. ~25.6~(4)(b)2. for a county or by s. 166.041_(3)(¢)2.b. for a municipali~.
(16) COMPLIANCE AGREEMENTS.--
(a) At any time following the issuance of a notice of intent to find a comprehensive plan or plan
amendment not in compliance with this part or after the initiation of a hearing pursuant to
subsection (9), the state land planning agency and the local government may voluatadly enter
into a compliance agreement to resolve one or more of the issues raised in the proceedings,
Affected persons who have initiated a formal proceeding or have intervened ]na formal proceeding
may also enter into the compliance agreement. All parties granted intervenor status shall be
proy!de~: [ease, n.~bl~ not?ce.of .the co,~[~ep?m?at, of a ~o, ~n,p. lla nct a~ree.m. ~p}. ~e, ~ otlatio~ .I? ~ce?,s,
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anoa reesonao~e opporcun W To pamctpare In seen negoo~r~on process, i~egorla~on meetings w~rn
local governments or intervenor~ shall be open to the public. The state land planning agency shall
prey de each party granted intervenor status with a copy ~f the compliance agreement within :L0
days after the agreement is executed. The compliance agreement she I st each portion of the plan
or plan amendment which is not in compliance, and shall specify remedial actions which the local
government must complete within a specified time in order to bring the plan or plan amenoment
m~o compliance, including adoption of all necessary plan amendments. The compliance agreement
may also establish monitoring requirements and incentives to ensure that the conditions of the
compliance agreement are met.
(b) Upon filing by the state land planning agency of a comoliance agreement executed bi the
agency and the local government with the Division of Administrative Hearings, any administrative
oroceeding under ss. 12Q,.~9 and :L20..~.7_ regardinc~ me plan or plan amendment covered by the
compliance agreement shall be stayed.
(c) Prior to its execution of a compliance agreement, the local government must approve one
compliance agreement at a public hearing advertised at least 10 days before the public hearing in
~ newspaper of general circulation in the area in accordance with the advertisement requirements
of subsection (15).
(d) A IoceI government may adopt a plan amendment pursuant to a compliance agreement in
accordance with the requirements of paragraph (15)(a), The plan amendment shall be exempt
from the requirements of subsections (2)-(7). The locel government shall hold a single adoption
public hearing pursuant to the requirements of subparagraoh (:LS)(b)2, and paragraph (:LS)(c).
Within :LO working days after adootion of a plan amendment, the local government shall transmit
the amendment tc the state lane planning agency as specified in the agency's procedural rules,
and shall submit one copy to the regional planning agency and re any other unit of local
government or government agency ,n me state that has filed a written request with the govermng
body for a copy of the plan amendment, and one copy to any par~y to the proceeding under ss.
120~.5.69 and .J...2.0.57 granted intervenor status.
(e) The state land ptannin~ agency, upon receipt of a plan amendment adopted pursuant re a
compliance agreement, shall issue a cumulative notice of intent addressing both the comgliance
agreement amendment and the plan or plan amendment that was the subleCt of the agreement.
n accordance with subsection (8).
(f)L If the local government adopts a comprehensive plan amendment pursuant to a compliance
agreement and a n0tice of intent to find the plan amendment in compliance is issued, the state
land planning agency shall forward the notice of intent to the Division of Administrative Hearings
and the administrative law judge shall realign the parties in the pending proceeding under ss;
%2Q~(~9 and ~,.~.0_.5_7, which shall thereafter be governed by the process contained in paragraphs
(9)(a) and (b), including provisions relating to challenges by an affected person, burden of proof,
and issues of a recommended order and a final order; except as provided in subparagraph 2.
Parties to the original proceeding at the time of realignment may continue as parties without being
required to file additi0hal pleadings to initiate a proceeding, ~ut may timely amend their pleadings
to raise any challenge to the amendment ~hich is the subject of the cumulative notice of intent,
and must otherwise conform t~ the rules of procedure of the Division of Administrative Hearings.
Any affected person not a party to the real!ghed proceeding may challenge the plan amendment
which is the subject of the cumulative notice of intent by filing a petition with the agency as
provided in subsection (9). The agency shall forward the petition filed by the affected person not a
party to the real!gned proceeding to the Division of Administrative Hearings for consolidation with
the realigned proceeding.
2. If any of the issues raised by the state land planning agency in the original subsection (~0)
proceeding are not resolved by the compliance agreement amendments, any intervenor in the
original subsection (:LO) proceeding may require those issues to be addressed in the pending
consolidated realigned proceeding under ssi :L20.$69 and :L20.57. As to those unresolved issues,
the burden of proof shall be governed by subsection (:LO).
3. ~[f the local government adopts a comprehensive plan amendment pursuant to a compliance
agreement and a notice of intent to find the plan amendment not in compliance is issued, the state
land planning agency shall forward the notice of intent to the Division of Administrative Hearings,
which shall consolidate the proceeding with the pending proceeding and immediately set a date for
hearing in the pending proceeding under ss. :L20.569 and :L20;57_. Affected persons who are not a
party to the underlying proceeding under ss. ~;~.g,569 and :L20,5~ may challenge the plan
amendment adopted pursuant to the compliance agreement by filing a petition pursuant to
subsection (:LO).
(g) If the local government fails to adopt a comprehensive plan amendment pursuant to a
complJsnce agreement, the state land planning agency shall notify the Division of Administrative
Hearingsi which shall set the hearing in the pending proceeding under ss. ~_2~0.56~9 and ~_~..0..,57 at
the earliest convenient time.
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(i) Nothing in this subsection is intended to limit the ~ardes from entering into a comoliance
agreement at any time before the final order in the proceeding is issued, provided that the
orovisions of paragraph (c) shall apply regardless of when the compliance agreement is reached.
0) Nothing in this subsection is intenoed to force any party into se~dement against its will or to
oreclude the use of other informal dispute resolution methods, such as the services offered by rne
Florida Growth I~anagement Dispute Resolution Consortium. in the course of or in add[Lion to the
method described in this subsection.
History.--s. 9. ch. 75-257; s. 1, ch. 77~174 s. 4, ch. 77-331; s, 7, ch. 83-308: s. 8, ch. 84-254;
93-206; s. 34, ch. 94-356: s. :1445, ch. 95-:147; s. 5, ch. 95-:18:1: s. 1:1, ch, 95-3:10; s. 2, ch. 95-
322; s. 26, ch. 96-4:L0; s, 16, ch. 97-99; s. 2, ch, 97-253: s. 3, ch, 98-146; s. 12, ch. 98-176:
SNore.--Section 34, ch. 2001-254, amended subsection :8} "[i]n order to implement Specific
Appropriation :1519 of the 200:1-2002 General Appropriations Act."
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01/14/2002
1551 3503.:,,~ UEN?UR
' ATTAC~NT ~2
3anum'~/,lO 2002
Mr. & Mrs. Conti:
I Virg/nia Lane
Delmy Beach Florida 33a83
Dear Kris:em
Thank you for your massage yesterday, As I promised at the CRA meeting two nights ago
will. be giving ali the neighbors on the canal the easement to use, ~avigate m~d travel the
T will also will be giving you a document stating, that we will deposit the sum of $20,000 with
our attorney:s escrow ae¢oum to be used by the neighbors for their gates on Bamboo Lane and
Virginia Garden after the completion of our infr ~stmetur~.
This v.411 be subjc~t to ti%' coramissioner~ final .approval of Dakota Lofts and thc cooperation of
all the neigbbor~ involved.
I sincerely hol~e fi;at you are becoming a believer that we have done every+~hing that we fald we
were going to do and is in our power and have Mod to work and accommodate everyoue% need
to the be~t of our ability as ~ human being.
I look forwa,~ to a smooth tran~iition during the ooutse of our construction and comple,~on.'~
$ FEI)ERAL tTWY BOYNTO:N BEAC]'iI[~ FLOI~DA 33435
TEL .~61.241.2829 FAX 561.2:18,9774
~ COi{It~IISSION 1.4__l[lqU?F.{~- 1/15/{32~
~'~'~'~'~'~'~'~'~'~ i~C~ 1{}{]~ # 3
Januaw 15,2002
City Commissioner's Meeting
City of Boynton Beach
Re: Dakota Lofts
Gentlemen,
Below is a summary of our concerns regarding the Dakota, Lofts project:
Access to Dakota Lofts, Virginia Gardens Drive and Bamboo Lane
a. Issue:Developer states that the traffic to Bamboo lane is greatly
reduced. However what they fail to acknowledge is that the majority
of the traffic to the previous restaurant was through the entry at
Virginia Gardens Drive. Little if any traffic entered the Restaurant
through BambOo lane and when it did it normally entered in an
Easterly direction on the North side of the Median on Bamboo
Lane. I urge everyone ~voived n the approval of the p aris to try to
turn onto Bambo~ Lanefrom US1 Northbound at 5:i5 pm on a
weekday. Exhibit D shoWS cdrb cut does not align with lane, Exhibit
E show~ numerous tire ~narks over CUrb eading to Bamboo ,Lane
ResolUtion: M°ve isiand;onBamboo lane Northbound or widen
curb Cut in order tO providesafe,tuming into Bamboo lane.
b. Issue;'DeveloperclairnsVirg(nia;Gardens does not,exist anddoes
not feel it is n~eded to aCcommodate,traffic. Our vehicle Count is
as follows:
· 40 vehicles at Dakota Lofts
· 7 vehicles, I large Motor home, 3 trailered boats on Virginia
Gardens
· 15 residentia/vehicles on Bamboo Lane
· 9 residential vehicles from Palmer Lane who must enter
Palmer by accessing Bamboo Lane
· Large de!lye% truck daily utilizing Bamboo lane to access
Florist Shop ~tt corner of Bamboo lane and US1.
We believe this,amount of traffic will create an unsafe and
congested, interSection at Bamboo Lane and US1. In addition,
exhibits A, B ,and; C show DOT signs and lane markings for Virginia
Gardens t~at el ~ted at the time Of the deve oper's purchase of the
property. Aitho[ ~hIhe developer contests existenc~of Virginia
Gardens, ,a~ll the ~ig% Were tl~ere that t d d ex st
Resolution: K p ;~irginia G~rdens open to alleviate congestion to
Bamboo L~ne, ~pr0~e f, ire ~cce~s and access for residents of
Bamboo Lane, irgihiaGar~lens and Proposed Dakota Lofts.
Building Height and Environmental Impact
a. Issue: The current zoning of the lot adjacent to 815 Bamboo Lane
allows for a maximum building height of 30 feet. The Proposed
Dakota Loft project plans call for a 47' 3" tall.building. This building
height has asignificant enwronmental impact on the recreational
area behind the residence at 815 Bamboo lane. When calculated at
the pool area, there is an average doss of 50' minutes of sunlight per
day in that area. This loss of day!ight at our pool area,is our
greatest concern andweare ~0tally opposed to the height ~ the
current des!?n (see Exhibit F)
FteSolution~· T'o keep ~he,cu~rent building height restr ction of 30
feet maxi.mum ~hub li~tin:g the size of the buil~:ling to2 stories.
OeSf~n
a. )f the .Boynton Beach Code of Ordinances the
~tat~S fha{ a PUD includes principa and
y related to the character
are of Which it is a
par~
the single family neighborhood
H and I)
of the residential lots to PUD or
between units, additional
Fred and Denise Canova
815 Bamboo Lane
Delray Beach, Florida
80°
0c
_~ITY COMMISSION MINUTES
ATTACHMENT ~4
Engineering Staff Report
Regulatory Traffic Control and Traffic Calming in the City of Boynton Beach
January 15, 2002
Back~round
In late 2000. the Boynton Beach City Corurmssion directed the city staff to begin development of a traffic-engineering
program. It was. and remains, the goal of the city comrmsston to provide for reasonable and lawfal control of traffic
upon public roads within the city's corporate lira/ts. It is essential to maintain traffic control according to current
national standards in order to provide consistency and identification of traffic control devices and traffic calming
measures within the City of Boynton Beach when compared to nationwide utilization of these devices and measmes.
Furthermore adherence to accepted national standards greatly nun-UmZes the city's liability in the thmre should
accidents occm.
In order to address the city's desire to develop a traffic engineering program the public works staffhas begun measuring
traffic data throughout the community on a complaint basis and has also met with numerous residents and homeowners
groups to hear firsthand their concerns about traffic in their neighborhoods. Furthermore staff has developed a close
relationship with the Police Deparuuent in order to integrate and coordinate traffic enforcement measures by the Police
Deparunent with traffic engineering and traffic calming measures being established by the Public Works Department.
Forms of Traffic Control
Traffic engineers throughout the counU3' utilize two basic toots for the control of traffic, especially in local
neighborhoods. These are regulatory traffic control devices and traffic c~lrain§ measmes. Both tools, when properly
used, can stgnificantly enhance safety in local residential neighborhoods and can also improve resident perception about
traffic flow in front of their homes.
Regulatory traffic control devices are those devices that we, as motorists, routinely see throughout our travels. These
devices include stop signs, yield signs, txaffic signals, pedestrian crosswalks, lane markings, warning signs, and others.
Regulatory traffic control devices should only be placed according to warrants and standards set forth in the Manual on
Uniform Traffic Control Devices ,MUTCD). This nationally recognized manual is published by the Federal Highway
Administration and is adopted by all states throughout the country. The MUTCD was updated in 2001 and includes a
number of modifications and clarifications for the placement of regulatory traffic control devices. More interestingly,
however, the manual now includes sections dedicated to the placement of traffic calming measures.
Traffic Engineers can now consider traffic calming measures more seriously because of the new guidance being
provided.
With respect m traffic control devices, it is essential that these devices only be placed when warrants are met. For
example, staffreceives numerous requests for the placement of stop s~gns, principally for the purpose of controlling
speeding. However stop s~gns should only be placed at intersections where the assignment of right of way to motorists
is confusing. Stop signs, yield signs, and other intersection regulatory control are specifically utilized to assign right of
way to motorists. Stop signs in particular should not be used for the purpose of slowing vehicles. Doing so breeds a
lack of disrespect for stop signs throughout the community because motorists will begin to disregard stop signs because
there is no intersection-related purpose, thus increasing the potential for accidents. In fact. in these scenarios,
unersections can become more hazardous because of the disregard for stop signs by motorists. Interestingly, in staff's
communications with residents throughout the community over the past year. we have learned that many residents
complain that motorists de not abide by the many stop signs placed throughout the city. Thus residents are asking for
the city to fred other ways of controlling speeding throughout their neighborhoods.
Sufficient enforcement of regulatory traffic control devices is critical to their effectiveness. For example, it does little
good to a neighborhood to arbitrarily reduce speeds on a roadway from 30 miles per hour to 25 miles per hour if the city
is unable to enfome the traffic regulations Furthermore, other intersection regulatory control devices such as stop signs
and traffic s~gnals can lose their effectivene'ss as w~il4.f~they ar~xa0t enforc'ed. Agam. in order to ensme proper
enforcement, it is essential that traffic control devices only be placed where they are warranted and merited to ensure
proper enforcement by the police department. It is staff's goal to properly control traffic in our resident/al
neighborhoods and to not make lawbreakers of many of our residents by unposing arbitrarily low speed limits or
~mproper mtersectmn regulatory control devices.
The second form of traffic control now being used by traffic engineers throughout the counay is traffic calming. The
City Comrmssion wtll recall staffs presentation last year on traffic cahaxing measures and that these types of measures
are inherently based upon changing motorists driving traits and habits through a series of physical modificatmns to a
roadway's design. Traffic calming can include measures as simple as reducing roadway width to more extreme
considerations such as road closures and/or redirecting traffic in local neighborhoods. Traffic calming measures also
include intersection diverters~ speed humps, chicanes, intersection bump outs and others, all with the intent ro physically
change the roadway characteristics to instill a psychological change in motorist driving habits. The various traffic
calming measures are not currently regulated with respect to need Iwarrants) in the MUTCD. Rather. traffic calming
measures are regulated in how they are signed and sniped in order to maintain and insure proper notification to the
motorists of the presence of a traffic caLrrfing measure. For example, the MUTCD now specifies the s~gnmg and
pavement markings required for speed humps throughout the country. This will insure a nauunal standard and
uniformity so that motorists will recognize the presence of speed humps on all roadways throughout the country. This
standardization has been an essential development for traffic calming la particular with respect to speed humps. This
standard was adopted witlYm the past several months by the Federal Highway Administration and can now by utilized in
local jurisdictions throughout the country.
Staff Findines
Over the past year or so staffhas collected traffic data in residential neighborhoods in order to identify concerns
throughout the city. The following chart depicts representative traffic counts conducted over the past year. In additio~
to traffic volume data, staffhas also evaluated speed characteristics on many of the roadway segments.
Street Location Volume 85th % Speed Avg Speed
NE 7th Ave East of Federal 315 30 24
NE 8th Ave East of Federal [97 29 23
NE 9th Ave East of Federal 163 26 21
NE 10th Ave East of Federal 817 32 25
Federal Southbound Near Sterling Vill 11529 46 41
SE 20th Ct West of Federal 142 24 18
SE 3rd Street 2218 783 32 26
SW 13th Ave Leisureville 800 29 25
Citrus Park Lane Boynton Estates 211 23 17
SE 31st AVE 120 821 36 29
SE 26th Ave 135 231 32 26
SE 2nd St 2891 773 33 27
3240 Churchill - School not ia session 411 33 27
3240 Church/Il School ia session 818 33 28
NW 6th Ave 409 857 29 24
SW 8th Ave 300 block 699 29 23
Ocean Ave 300 block 857 NA NA
NE 3rd St 322 565 NA NA
NE 1st Ave City Hall 695 NA NA
SE 4th St Bell South 878 NA NA
North Road 660 270 23 19
North Road East of Marina 332 22 17
Boynton Lakes Blvd. Near Park 2561 39 35
As noted on the :hart. traffic volumes on local roadways varies from 142 to nearly 900 cars per day. Federal Highway
is classified as an arterial roadway and Boynton Lakes Blvd. is classified as a collector route. Staff finds these volumes
to be relatively low given national standards. For example, nationally, n ts quite common for local_ residential, streets
to carry traffic volumes neanng 1500 cars per day, although my experience is that local streets typically average about
800 cars per day. By contrast, collector streets typically average about 2500 vehicles per day. Thus. Boynton Beach
appears to be much lower than national average. This is atmbuted largely to the design of most subdivisions m our
area. In Boynton Beach and other local municipalities, subdivisions have been designed such that "cut through" or
bypass traffic is not desirable on the part of motorists, thus reducing local traffic volumes.
Staffhas also evaluated speed data and f'mds that the 85t~ percentile speeds are reasonable, except for a few isolated
locations. Traffic engineers rely on the 85t~ percentile speed to establish speed zones and to also measure the degree of
peedmg on a roadwa.~ The 85 percenttle speed ~s that speed at which 85 percent of motorists wtll travel at or below.
For example, if the 85 percentile speed is 29 MPH. then for every 100 cars travelling on the street then 85 of them will
be travelling 29 MPH or less. Most motorists will travel at a speed that they feel to be safe: hence most local speeders
on residential s~eets ram out to be local residents familiar with the area who, themselves, are often concerned about
speeding in their neighborhood.
We know that residents will often perceive that traffic is travelling at an unsafe speed in front of their homes. This is a
quite normal reaction on the part of homeowners and is a reaction that the majority of us can easily recognize based
upon our own experiences. However we often will fred that true measurements of speeds on a public roadway do not
coincide with residents perceptions of speeding. Furthermore our own perceptions of speeding from our own vantage
point as drivers of vehicles is completely different As noted, the majority of motorists will drive at a speed that they
deem to be safe on a residential roadway yet they, as homeowners, would deem unreasonable by others in front of their
own homes. Thus it is staff's job to accurately quantify speed characteristics on local roadways so that we can fairly
evaluate speeding thi'oughont the community. Resident perceptions and opinions remains a critical component of Sta~'f
evaluation. However measuremant of traffic data provides a uniform method of companng neighborhood to
neighborhood throughout the city.
In addition to speed characteristics upon a roadway staffhas conducted a cursory review of accident data at a number of
locations throughout the community. Staff does not wish to infer that we have conducted an accident evaluation of
every intersection location throughout the City of Boynton Beach. This type of analysis is extremely ume consuming
and staff does not currently have the personnel resources to conduct such an analysis. Staff's cursory review finds that
there are very few intersectiuns throughout the commudity that exhibit high accident rotes. However it is staff's
intennon, that as the traffic engineering program continues to unfold, m continue to evaluate accident trends at a number
of locations throughout the community to determine if medification to, or placement/removal of, regulatory traffic
control devices is warranted. Additionally, staff will begin evaluating sight obstructions at intersections.
Lastly, as part of the data gathering efforts over the past year. staffhas met with a number of individuals and
homeowners groups in order to hear their concerns about traffic in their local neighborhoods. As noted earlier, staff
continues to learn that speeding is the primary concern of residents throughout the city. Again, much of the concern
about speeding is based more upon perception than reality. However staffhas found a small number of locations where
speeding truly presents problems in local neighborhoods. In many mstunces, staffhas met with local residents and
homeowners gro/aps to discuss speeding problems in their neighborhoods. Staffhas taken advantage of these meetings
to present speed data as measured by the electronic traffic counters. In most instances we have been able to util/ze the
24 hour traffic counts to identify one or two hours out of a particular day in which most speeding problems are
prevalent. In almost all occasions, staffand residents have agreed that speedIng problems in their residential
neighborhoods are not usually 24 - hour problems, rather they are problems of short duration, tn one particular location.
SW 8th Avenue, west of Seacrest Boulevard, staff identified speeding problems during primarily the afternoon rash
hour period. During the remaining 23 hours of the day, speeds were acceptable both from the perspective of data
evaluation and resident perception. Thus staffwas able to work closely with the police department to increase
enforcement during the defined afremoun peak hour. Based upon this effort, traffic counts and speed surveys were
again conducted and we found that the overall speeds on the roadway had been reduced, particularly during the peak
hours. In this particular instance we achieved success by evaluation of the traffic data and properly utilizing traffic
enforcement tools afforded us by the police department.
In a number of other instances staffhas found that speeds on many residential streets are reasonable given the street's
geometric and engineering design. For example, staff~vorked with a number of residents in the Mangrove Walk area to
determine speed characteristics on SE 7, 8, 9, and 10th Avenues. In this particular example we found that there were
virtually no speeding problems on SE 7, 8, and 9e~ Avenues. However because SE 10t~ served as a feeder to the traffic
actuated signal at Federal Highway, not only were the traffic volumes higher but the roadway exhibited slightly higher
speed when compared to the others. Other streets in the study area also exhibited speeding however to a much lesser
degree. As with all roadways throughout the city there will always be vetncles and motorists that travel well above the
speed limit. However it is the city's responsibility to determine whether or not the degree of speeding is acceptable.
For example ifa street posted with a 25 miIe an hour speed limit has an average speed of 28 miles per hour, then staff
believes this is reasonable.
Discussion
Staffbelieves that it is essential to formulate a City-wide philosophy to insure fair and consistem implementation of
traffic control and traffic calming. There is an earnest need to establish minimum qualification standards for any
measures or devices. The MUTCD provides us with accepted standards and guidance for the placement of regniatory
traffic control devices and other warning and signing measures. However, the MUTCD is silent relative to the
placement of traffic calming measures. There is no doubt that it would be extremely difficult to create warrants and
others standards for the placement of traffic calming measures because each community across the country has a
different tolerance level for vehicle speeds and traffic volume. Furthermore. staffbelieves that each neighburhood's
concerns are unique and t~ying to administer a "textbook" approach to each situation would not provide the impetus to
search for unique solutions to address specific resident concerns. Thus. staff does not support a formalized approach to
traffic calming. Staff does however support certain standards for traffic calming devices such as speed humps. Speed
humps should be designed so that they are cost effective solutions to speeding in an area. Staffhas attached an
outstanding design for speed humps used in Boca Raton.
Although staffdoes not espouse a formal approach to traffic calming solutions, staffbelieves there to be significant
merit in establishing thresholds that must be met for the City to consider traffic calming measures. Thus. we should
allow ourselves to determine where in the City to best allocate our resources (staff and material) to solve resident
concerns. For example, consider a local street where the 85th percentile speed is 39 MPH. This is high. But what if the
traffic volume is only 150 cars per day? Should the City expend capital resources to minirmze speeding by no more
than 20 cars per day. Compare this to another location where the 85 percentile speed may be 36 MPH but the traffic
volume is 700 cars per day. Of course, the higher volume street will have a much higher incidence of speeding. Traffic
calming would certainly have more value on the higher volume street. Thus, staffbelieves that the City should develop
minimum thresholds that can easily be assessed to determine the merits for creative use of traffic calming measures.
Staff suggests that traffic calming only be considered on local streets where the traffic volume is greater that 500 cars
per day, and where the 85t~ pemantile speed is greater than 30 MPH for those streets posted at 25 M~H and is greater
than 35 MPH for those streets posted at 30 MPH. On those sU-eets that do not meet these thresholds, staffbelieves it
continues to be City's responsibility to work cooperatively with residents to insure traffic safety in their neighborhood
using more traditional measures such as enforcement, etc.
Staff Recommendations
1. Regulatory Traffic Control
Staff recommends that the City of Boyntun Beach adopt, by ordinance, a provision requiring that all regulatory
traffic control devices in the City of Boynton Beach be placed according m standards specified ia the MUTCD.
Placement of regulatory and warning signs is routine and can be accommodated in each fiscal year budget. Staff
recommends that the City Comrmssion direct staffto prepare an ordinance with language as follows:
New Section ---
A.
Signs to conform to national manual
All signs, smping, and traffic signals established by direction of the city commission and/or
city staffshatl conform to the extenl possible to implement the relevant regulations to the
current national Manual on Uniform Traffic Control Devices for streets and highways ia
effect at the time of the establishment of the said signs, striping, and traffic signals.
When authorized signs are replaced, the new signs shall conform to the national Manual on
Uniform Traffic Control Devices for streets and highways in effect at the time vf
replacement.
Traffic Calming Measures
Placement of traffic calming measures can be costly, depending upon the selected opumum solution. Thus. Staff
believes that any measure that will result in a cost greater than $1.000 should be fu:st studied and then specifically
identified in the following year's budget. One option would be to identify traffic calming measures genericall) in
the budget and then assist homeowners on a "first come, f'zrst served" basis using the lump sum budget. Staff
recommends that the City of Boynton Beach adopt by ordinance a provision as follows.
New Section --- Traffic Calming Measures
The City shall consider placement of traffic calming measures only upon completion of an
initial traffic study. Traffic calming shall be considered only on those local streets with
average daily traffic volume greater than 500 vehicles per day and only when the 85t"
percentile speed is greater than 30 MPH for those streem posted at 25 MPH. or ~s greater than
35 MPH for those streets posted at 30 MPH.
Signing, suaping and other devices identifying ~affic calming measures shall conform to the
current Manual on Uniform Traffic Control Devices.
_~ITY COMMISSION MINDTF. S 1/15/02
ATTAC~V~NT %4
Engineering Staff Report
Regulatory Traffic Control and Traffic Calming in the City of Boynton Beach
January 15, 2002
Background
In late 2000. the Boynton Beach City Commission directed the city staff to begin development of a trafflc-engineermg
program. It was. and remains, the goal of the city cormmssion to provide for reasonable and la~vfal control of traffic
upon public roads within the city's corporate limits. It is essential~to maintam traffic control according co current
national standards in order to provide consistency and identification of traffic control devices and traffic calming
measures within the City of Boynton Beach When compared to nationwide utilization of these devices and measures.
Furthermore adherence to accepted national standards greatly rninimiTes file city's 1/ability in the future should
accidents occur.
In order to address the city's desire to develop a traffic engineering program file pubhc works staff has begun measuring
traffic data throughout the community on a complaint basis and has also met with numerous residents and homeowners
groups tO hear £~rsthand their concerns about traffic in their neighborhoods. Fm~em~ore staffhas developed a close
relationship wi~:h the PoliceDepartment in order to integrate and coordinate traffic enforcement measures by the Police
Department w/ill traffic engineering and traffic calming measures being established by the Public Works Deparunem.
Forms of Traffic Control
Traffic engineers throughout the country utilize two basic tools for file control of traffic, especially in local
netghborhoods. These'are regulatory traffic control devices and traffic calming measures. Both tools, when properly
used, can significantly enhance safety in local residential neighborhoods and can also improve resident perception about
traffic flow in front of fileir homes.
Regulatory traffic control devices are those devices that we. as motorists, routinely see throughout our travels. These
devices include stop signs, yield signs, traffic signals, pedestrian crosswalks, lane markings, warning signs, and others.
Regulatory traffic control devices should only be placed according m warrants and standards set forth in file Manual on
Uniform Traffic Control Devices (MUTCD). This nationally recognized manual is published by file Federal Highway
Admiulstration and is adopted by all states throughout file country. The MUTCD was updated in 2001 and includes a
number of modifications and clarifications for the placement of regulatory traffic control devices. More interestingly,
however, file manual now includes sections dedicated to the placement of traffic calming measures.
Traffic Engineers can now consider traffic calming measures more seriously because of the new guidance being
provided.
With respect to traffic control devices, it is essential that these devices only be placed when warrants are met. For
example, staff receives numerous requests for the placement of stop signs, principally for file purpose of controlling
speeding. However stop signs should only be placed at intersections where file assignment of right of way to motorists
is confusing. Stop signs, yield signs, and other intersection regulatory control are specifically utilized to assign right of
way to motorists. Stop signs in particular should not be used for file purpose of slowing vehicles. Doing so breeds a
lack of disrespect for stop signs throughout file community because motorists will begin to disregard stop signs because
there is no intersection-related purpose, flus increasing file potential for accidents. In fact, in these scenarios,
intersections canbecome more hazardous becanse of file disregard for stop signsby motorists. Interestingly, in staff's
communications with residents throughout file community over file past year, we have learned that many residents
complain that motorists do not abide by the many stop stgns placed throughout file city. Thus residents are asking for
the city to f'md other ways of controlling speeding throughout their neighborhoods.
Sufficient enforcement of regulatory traffic control devices is critical to their effectiveness. For example, it does little
good to a neighborhood to arbitrarily reduce speeds on aroadway from 30 miles per hour to 25 miles per hour if file city
is unable to enforce file traffic regulations. Furthermore, other intersection regulatory control devices such as stop signs
and traffic szgnals can lose thetr effecuveness as w~ll~ftSO/O~are uot enforced. Again, in order to ensure proper
enforcement, it is essential that traffic control devices only be placed where they are warranted and merited to ensure
proper enforcement by the police department. It is staff's goal to properly control traffic in our residential
neighborhoods and to not make lawbreakers of many of our residents by imposing arbitrarily Iow speed limits or
improper intersection regulatory control devices.
The second form of traffic control now being used by traffic engineers throughout the country is traffic calming, the
City Comrmssion will recall staff's presentation last year on traffic calming measures and that these types of measures
are inherently based upon changing motorists driving ttaltS and habits through a series of physical modifications to a
roadway's design. Traffic calming can include measures as sunple as reducing roadway width to more exureme
considerations such as road closures anc~ur redirecting traffic in local neighborhoods. Traffic calming measures also
include intersection diverters~ speed humps, chicanes, intersection bump outs and others, all with the intent to physically
change the roadway characteristicsto instill a psychological change in motorist driving habits. The various traffic
calming measures are not currently regulated with respect to need (wartan~) in the MUTCD. Ra~er, traffic calming
measures are regulated in how they are signed and slrlped in order to maintain and insure proper notification to the
motorists of the presence ora traffic calming measure. For example, the MUTCD now specifies the signing and
pavement markings required for speed humps throughout the counu-y. This will insure a national standard and
uniformity so that motorists will ree0gnize the presence of speed humps on all roadways throughout the country. This
sra~dardization has been an, essential development: for traffic calming in particular with respect to speed humps. This
standard was adopted within the past several months by the FederaI Highway ~slration and can now by utilized in
local jurisdictions thtunghout th~ country.
Staff l~indin~s
Over the past year or so staff has collected traffic data in residential neighborhoods in order to identify concerns
throughout the city. The following chart depicts representative traffic counts conducted over the past year. In additio~
to traffic volume data, staffhas also evaluated speed characteristics on many of the roadway segments.
Street Location Volume 85th % Speed Avg Speed
NE 7th Ave East of Federal 315 30 24
NE 8th Ave East of Federal 197 29 23
NE 9th Ave East of Federal 163 26 21
NE 10th Ave East of Federal 817 32 25
Federal Southbound Near Sterling Vill 11529 46 41
SE 20th Ct West of Federal 142 24 18
SE 3rd Street 2218 783 32 26
SW 13th Ave Leisurevitle 800 29 25
Citrus Park Lane Boyaton Estates 211 23 17
SE 31 st AVE 120 821 36 29
SE 26th Ave 135 231 32 26
SE 2nd St 2891 773 33 27
3240 Churchill School not in session 411 33 27
3240 Churchill School in session 8!.8 33 28
NW 6th Ave 409 857 29 24
SW 8th Ave 300 block 699 29 23
Ocean Ave 300 block 857 NA NA
NE 3rd St 322 565 NA NA
NE 1 st Ave City Hall 695 NA NA
SE 4th St Bell South 878 NA NA
North Road 660 270 23 19
North Road East of Marina 332 22 17
Boynton Lakes Blvd. Near Park 2561 39 35
As noted on the chart, traffic volumes on local roadways varies from 142 to nearly 900 cars per day. Federal Highway
is classified as an arterial roadway and Boynton L~kes Blvd. ~s classified as a collector route. Staff £mds these volumes
ro be relatively low given national standards. For example, nationally, it is quite common for local, residential, srrcets
ro carry traffic volumes nearing 1500 cars per day, although my experience is that local streets typically average about
800 cars per day. By contrast, collector streets typically average about 2500 vehicies per day. Thus, Boymon Beach
appears to be much lower lhan national average. This is attributed largely to the design of most subdivisions m our
area. In Boymon Beach and other local municipalities, subdivisions have been designed such that "cut through" or
bypass traffic is not desirable on the part of motorists, thus reducing local traffic volumes.
Staffhas also evaluated speed data and f'mds that the 85~ percentile speeds arc reasonable, except for a few isolated
locations. Traffic engineers rely on the 85m percentile speed to estabhsh speed zones and to also measure the degree of
peedmg on a roadwa~ The 85 percentile speed ts that speed at whteh g5 percent of motorists wtll travel ar or below.
For example, ffthe 85 percentile speed is 29 MPH. then for every 100 cars travelling on the street then 85 of them will
be travelling 29 MPH or less. Most motorists will travel at a speed that they feel to be safe; hence most local speeders
on rcsidential streets turn out to be local residents familiar with the area who, themselves, are often concerned about
speeding in their neighborhood.
We know that residents will often perceive that traffic is travelling at an unsafe speed in front of their homes. This is a
quite normal reaction on the part of homeowners and is a reaction that the majority of us can easily recognize based
upon our own experiences. However we often will f'md that tree measurements of speeds on a public roadway do not
coincide with residents perceptions of speeding. Furthermore our own perceptions of speeding £rom our owu vanuage
point as drivers of vehicles is completely different. As noted, the majority of motorists will drive at a speed that they
deem to be safe on a residential roadway yet they, as homeowners, would deem unreasonable by others in front of their
own homes. Thus it is staff's job to accurately quantify speed characteristics on local roadways so that we can fakly
evaluate speeding throughout the community. Residenl perceptions and opinions remains a critical component of Sta~r'f
evaluation. However measurement of traffic data provides a aniform method of comparing neighborhood to
neighborhood throughout the city.
In addition to speed characteristics upon a roadway staffhas conducted a cursory review of accident data at a number of
locations throughout the community. Staff dons not wish to infer that we have conducted an accident evaluation of
every intersection location throughout the City of Boynton Beach. This type of analysis is exU'emely nme consuming
and staffdoes not currently have the personnel resources to conduct such an analysis. Staff's cursory review £mds that
there are very few intersections throughout the commumty that exhibit h~gh accident rates. However it is staff's
intention, that as the traffic engineering program continues to unfold, to continue to evaluate accident trends at a number
of locations throughout the community to determine if modification to, er placement/removal of, regulatory traffic
control devices is warranted. Additionally, staff will begin evaluating sight obstructions at intersections.
Lastly, as part of the data gathering efforts over the past year, staff has met with a number of individuals and
homeowners groups in order to hear their concerns about traffic in their local neighborhoods. As noted earlier, staff
continues to learn that speeding is the primary concern of residents throughout the city. Agam, much of the concern
about speeding is based more upon perception than reality. However staff has found a small number of locations where
speeding truly presents problems in local neighborhoods. In many instances, staffhas met with local residents and
homeowners groi~ps to discuss speeding problems in their neighborhoods. Staffhas taken advantage of these meetings
to present speed data as measured by the electronic traffic counters. In most instances we have been able to utilize the
24 hour traffic counts to identify one or two hours out of a particular day in winch most speeding problems are
prevalent. In almost all occasions, staff and residents have agreed that speeding problems in their residential
neighborhoods are not usually 24 - hour problems, rather they are problems of short duration, hr one particular location.
SW 8th Avenue, west of Seaerest Boulevard. staff identified speeding problems du.rmg primarily the afternoon rush
hour period. During the.remaining 23 hours of the day, speeds were acceptable both from the perspective of data
evaluation and resident perception. Thus staff was able to work closely with the police department to increase
enforcement during the defined afternoon peak hour. Based upon this effort, traffic counts and speed surveys were
again conducted and we found that the overall speeds on the roadway had been rcduced, particularly during the peak
hours. In this particular instance we achieved success by evaluation of the traffic data and properly utilizing traffic
enforcement tools afforded us by the police department.
In a number of other instances staff has found that speeds on many residential streets are reasonable given the street's
geometric and engineering design For example, staffworked with a number af residents in the Mangrove WaLk area ro
determine speed characteristics on SE 7.8.9. and 10th Avenues. In this particular example we found that there were
virtually no speeding problems on SE 7.8. and 9m Avenues. However because SE 10th served as a feeder to the traffic
acmatedsignal at Federal Highway, not only were the traffic volumes higher but the roadway.exhibited slightly higher
speed when compared to the others Other streets in the study area also exhibited speeding however to a much lesser
degree. As with all roadways throughout the city there will always be vehicles and motorists that travel well above the
speed limit. However it is the city's responsibility to determine whether ornot the degree of speeding is acceptable.
For example if a street posted with a 25 mile an hour speed limJ. t has an average speed of 28 miles per hour. then staff
believes this is reasonable.
Staffbelieves that it is essential to formulate a City-wide philosophy to insure fair andconsistent implementation of
traffic control and traffic calming. There is an earnest need to establish minimura qualification standards for any
measures or devices. The MUTCD provides us with accept-ed standards and guidance for the placement of regulatory
traffic control device,~ and other warning and signing measures. However, the MUTCD is silent relative to the
placement of traffic calming measures. There is no doubt that it would be extremely difficult to create warrants and
others standards for the placement of traffic calming measures because each community across the country has a
different tolerance level for vehicle speeds and traffic Volume. Furthermore, staffbelieves that each neighborhood's
concerns are unique and trying to administer a "textbook' approach to each situation would not:provide the impetus to
search for unique solutions to address specific resldant concerns. Thus. staff does not sgpport a formalized !~pproach to
traffic calming. Staffdoes however support certaur s ,ta,.n. dards for, traffic calming de ICeS suchas speedhumps. Speed
humps should be dasigned so that they are cost effective solutions to speeding in an area. Staffhas attached an
outstanding design for speed humps used in Boca Raton.
Although staff does not espouse a formal approach to traffic calming solutions, staff believes there to be significant
merit in establishing thresholds that nmst be met for the City to considar traffic calming measures. Thus, we should
allow ourselves to determine where ki the City to best allocate our resources (staff and material) to solve resident
concerns. For example, consider a local su:eet where the 85th percentile speed is 39 MPH. This is high. But what if the
traffic volume is only 150 cars per day? Should the City expend capital resources m minimize speeding by no more
than 20 cars per day? Compare this to another location where the 85th percentile speed may be 36 MPH but the traffic
volume is 700 cars per day. Of course, the bighar volume street will have a much higher incidence of speeding. Traffic
calming would certainly have more value on the higher volume street. Thus, staff beheves that the City should develop
mum thresholds that can easily be assessed to determine the merits for creative use of traffic calming measures.
Staff suggests thai traffic calming onlyb~ considered on local streets where the traffic volume is greater that 500 cars
per day, and where the 85~ percentile speed is greater than 30 MPH for those streets posted at 25 MPH and is greater
than 35 MPH for ~o, se streets posted at 30 MPH. On those streets that do not meet these thresholds, staffbelieves it
continues to be City s resPOnsibility to work cooperatively with residents to insure traffic safety in their neighborhood
using more traditional measures such as enforcement, etc.
Staff Recommendations
1. Regulatory Traffic Control
Staff recommends that the City of Boymon Beach adopt, by ordinance, a provision requning that all regulatory
traffic control devices in the City of Boynton Beach be placed according to standards specified in the MUTCD.
Placement of regulntory and warning signs is routine and can be accommodated in each fiscal year budget. Staff
recommends that the City Commission direct staff to prepare an ordinance with language as follows:
New,Section ---
A.
Signs to conform to national manual
All ~igns, striping, and traffic signals established by direction of the city cormmssion and/or
city staff shall conform to the extent possible to implement the relevant regulations to the
current national Manual on Uniform Traffic Control Devices for streets and highways m
effect at the time of the establishment of the said signs, sniping, and traffic signals.
When authorized signs are replaced, the new signs shall conform to the nalional Manual on
Uniform Traffic Control Devices for streets and highways th effect at the me of
replacement.
2. Traffic Calming Measures
Placement of traffic calming measures can be costly, depending upon the selected optimum solution. Thus. Staff
believes that any measure that will result in a cost greater than 5;I.000 shonldbe ftrst studied and then specifically
identified in the following year's budget. One option would be to identify trafficcalming measures generically th
the budget and then assist homeowners on a '~f'~rst come. first served" basis using the lump sum budget. Staff
recommends that the City of Boynton Beach adopt by ordinance a provision as follows.
New Section --- Traffic Calming Measures
The City shall consider placement of traffic calming measures only upon completion of an
initial traffic study. Traffic calming shall be considered only on those local streets with
average daffy traffic volume greater than 500 vehicles per day and only when the 85~
percentile speed is greater than 30 MPH ['or those streets posted at 25 MPH, or is greater than
35 MPH for those streets posted at 30 MPH.
B. Signing, anSping and other devices identifying traffic calming measures shall conform to the
current Manual on Un/form Traffic Control Devices.
.~.IT¥. COMMISSION MINUTES - 1/15/02
ATTACHMENT % 5
STORMWATER PROJECT REPORT
JANUARY 15, 2002
Downtown Stormwater Phase I
Completion of Pond ~B" (Mangrove Walk at the Marina)
Completion of downtown core stormwater p~pe network
Acceptance of Ocean Ave. Bridge stormwater
~ Project came in on time and under budget
$24.272.00 of savings was shared with the contractor
Costa Bella Stormwater Project
Project is 100% complete on construction
Final asl~halt went down on 1/04/02
Closeout punchlist is being worked on presently
~ It is anticipated that this project will finish at a total cost'nearly
$60,000 under the odginal budget.
Industda~ Avenue/Lake Boynton Estates
Construction contract awarded on 01/02/e2 by City Commission
Total construction budget is $2.51 million dollars
Project newsletter published periodically
Construction will get underway approximately 02/04/02
Total of 270 construction days --- November 4, 2002
Downtown Stormwater Phase II
Includes: Railroad Ave. (B.B.B. to M.L.K.)
NE 4~ Ave, (NE 3~ St. to U.S.1)
SE 4~ St. (SE Ist Ave. to S.E. 6~h Ave.)
SE 3r~ St. (Ocean Ave. to S.E. 1st Ave.)
Project is at 45% design. Survey work is 100% complete.
N.E. 7a Ave. to N.E. 10~ Ave. Improvements
Project is at 50% design.
Property acquisition currently underway.
N.E. 12t~ Ave. DrainagelMadner's Way Seawall Project
Commission awarded contract to Custom Built Marine- 12/18/01
Total construction budget is $272,554
Project newsletter published periodically
Pre-construction meeting set for 01/14/02
Design-build project
Construction should be approximately 90 days starting on 02/11/02
01/03/02 C:~ Documents~Assistant City Manage~Ufllity Items~Stofil~/-a~r Project Retort 01-15-02.dec
7. 20 Outfall Project
Project is at approximately 30% design.
Cherry Hill Inlet Project
Project began as an Win-house" Department of Engineering ~roject
on November 29, 2001.
Silverlakes POA Outfall Improvements
Agreement for improvements still being negotiated with POA.
City's upside limit on costs set at $65,000.00
Lake Worth Drainage District has agreed to cooperate.
10. Master Swale Improvements
The general Master Swale Improvement program has been put on
hold. Instead, some swale improvements are going forward as part
of other work (water line, street improvements, etc.) that might be
going forward in a neighborhood anyway. Current swale work will
be done, in cooperation with other infrastructure improvements, in
the following areas:
San Castle waterline project - Tentatively schedule for
01/15/02 City Commission meeting agenda.
Seacrest Estates waterline project - Contract awarded by
the City Commission on 12/18/01.
0't/03/02 C:',My Docu rnents~,ssistant City Manage,AUfility ItemsGtormwater Project Re~x~t 01-15-02.doc
AERIAL PHOTO
-C~ITY COMMISSION MINUTES- 1/15/0;
ATTACI~IENT #6
OWNED BY:
PARCEl NO. 1
WENDALL T. & JANET B. HALL, TRS.
15
OWNED BY:
AERIAL PHOTO
PARCEL NO. 2
~ARNSEY-HALL ENTERPRISES, INC.
15
AERIAL PHOTO
PARCEL NO. 3
OWNED BY: JOSEPH T. & EMMA M.
Fd~ESE
13
CITY COMMISSION MINUTES - 1/15/02.
~fTACHMENT % 7
Boynton Beach Historical Society
P 0 Box 12 ~ Boynton Beach. Fi. 33425-0012
Phone ~
Mayor
City Manager
City Commissioners
January 8, 2002
Re: Status of high school & Boynton Beach Historical Society
The Board of Directors of the Historical Society has met on several occasions
and as determined there are nvo possible avenues to explore.
Thefirst is to have a group take over the majority of the building, leaving some
space for the Historical Society and other groups. This ~vould as we see it a theatrical
group. Meetings are scheduled this month to see if there is interest. We are planning to
meet with two different groups. (Funding would mainly come from this group)
T. he second is for the Historical Society to develop the building as mainly a
commumty center. Meetings are also planned with the Directors of both City Place and
Old School Square.
I am sorry to report there is not more concrete information at this time, but due to
the Holidays, it was hard to get people together.
Peter E Moritz, President
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Mareuf's Car Wash
APPLICANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS: 9 NE 16TM Street, Delray Beach, Florida 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002
TYPE OF RELIEF SOUGHT: New Site Plan to allow an automated carwash facility.
LOCATION OF PROPERTY: Las Palmas Avenue & North Federal Highway
DRAWING(S): SEE EXHIBIT "B" A'FI-ACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearin~ stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth 3n Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon ~ssuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order
~ '%~9~u.7 C~Clerk
S:~Pfan ning~SHARED~WP~PROJECTS~uhair Marou~N~ 01-0~f~Or~orm-2001-Revised.doc
EXHBIT "C"
Conditions of Approval
Project name: Marouf's Car Wash
File number: NWSP 01-017
Reference: 2ndS~review plans identified as New Site Plan. File # NWSP 01-017 with a December 18, 2001
Plarming and Zon/n~ Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments:
1. Fire flow calculations will be required demonstrating the City Code X
requ/rement of 1,500 g.p.nz as stated ha LDR Chap. 6, Art. IV, Sec. 16, or the
requirement imposed by insurance underwriters, whichever is greater (see
CODE Sec. 26-26(a)).
2. A grit chamber will be required on the discharge side of the wastewater X
lateral. Oil-water separator appurtenance will be required on the discharge
wastewater lateral. Show the proposed location of these units on the site plan.
FIRE
Comments:
3. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per NFPA 1, (1997) Section 41-2.3.2.
POLICE
Comments: None X
ENGINEERING DIViSION
Comments:
4. On site development plan show proposed off-street parldng spaces, proposed X
sidewalks, including location, dimensions and setbacks, lraffic control
markings and signage. ('LDR, Chapter 4, Section 7.B.2).
COA
01/16/02
2
DEPARTMENTS INCLUDE REJECT
5. On the site development plan show proposed location of site lighting (LDR, X
Chapter 4, Section 7.B.4).
6. Sidewalks shall be four (4) feet wide along local streets and five (5) feet wide X
along streets of higher classification (LDR, Chapter 6, Article IV, Section
10.T. and Chapter 22, Article I, Section 5). This condition may be omitted if
an administrative sidewalk waiver is approved.
7. Sidewalks adjacent to parldng lots shall be continuous through all driveways X
and shall be six (6) inches thick within driveways.(LDR, Chapter 23, Article
1I Section P). This condition may be omitted if an administrative sidewalk
waiver is approved.
8. Sidewalks shall meet or exceed State Handicap Code requirements and X
comply with the Standard Building Code and amendments thereto (LDR,
Chapter 23 Article 11, Section K). This condition may be omitted if an
administrative sidewalk waiver is approved.
9. Proof of other agency permits shall be required prior to the issuance of the X
paving and drainage permit.
BUILDING DIVISION
Comments:
10. Identify on the site plan drawing the actual distance that the building is set X
back from the north, east, south and west property lines. Please note that
overhangs, covered walkways, canopies, awnings or other appurtenances that
are attached to the building shall be considered ~vhen identifying building
setbacks. Therefore, identify the width of the proposed overhangs, covered
wall~vays, canopies, awrmigs, and/or other roofed areas that extend out
beyond the main walls of the building. The building setbacks shall comply
with setback regulations specified in the Zoning Code.
I 1. To verify that the proposed building is in compliance with the applicable X
building setbacks, show and dimension on the site plan the ~vidth of the
building overhang. Also, identify the size or width of the covered walkways,
awnings, canopies and/or other roofed areas that extend out beyond the mah~
walls of the building.
12. At time of permit review, submit signed and sealed worldng drawings of the X
proposed construction.
13. The "Knock down detail tent" shall meet wind load requirements, flame X
spread and Build/rig Code requirements
PARKS AND RECREATION
Comments:
COA
01/16/02
3
DEPARTMENTS INCLUDE REJECT
i4. Submit detailed irrigation plans for right-of-way landscape end site work X
improvements during the construction document permi~ng stage, for review
and approval by the Parks Department staff. Include on the plen location of
any existing irrigation in the right-of-way~
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
15. The hours of operation shall be lirrfited to 7 amto 7pm, seven (7) days per X
week.
16. Place a "No left turn" sign and / or other traffic controlling markings at the X
project exit to deter vehicular traffic from going tltrough the residential
neighborhood to the east.
17. Provide a detail of the five (5)-foot high rolling gate. The detail should X
include the dimensions, color, and materials used.
18. Relocate the Yellow Elder trees at the project entrence so that they are planted X
within front lendscape buffer inside the property boundary and not outside in
the swale (Chapter 7.5, Article II, Section 5.D.).
19. The plan exceeds the minimum landscaping requirements. However, no X
credit will be given proposed plent mater/al located outside the property line,
such as in the swale. Modify the lendscape counts for the Pigeon Plum,
Indien Hawthorne, Gold Lentena and eny other plent material proposed
outside the property line.
20. Construction of the wall shall be completed prior to the issuence ora X
certificate of occupency or certificate of completion (Chapter 2, Section 4.L.).
Staff recommends that the wall be enhanced with details such as scoring,
cornices, cap, etc.
21. All required trees in the landscape buffer adjacent to the Las Palmas Avenue X ~
right-of-way shall be at minimum 12 feet overall height and 3 caliper inches
when plented (Chapter 7.5, Article 1I, Section 5.C.2.).
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS
Comments:
COA
01/16/02
DEPARTMENTS INCLUDE REJECT
22. On:fit conditions # 4, #5, #6, #7 and #8 to reflect side walk waiver, lack of any X
parking spaces other than the employee space, and existence of requffed
cletalls.
23. Hours of operation shall be limited to day light hours (due to lack of site X
I/ght/ng), not to exceed 7:00 a~m. to 7:00 p.~
24. No sound system shall be on the property for music or commurfication ~vith X
employee or customer that would be audible at any level by adjacent or nearby
residents.
25. The proposed parking space shall be limited to employee parking and not X
used for vehicle servicing.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
26. Add condition #25, which had been inadvertently excluded. X
27. City staff and project designer to work together to attempt to redesign project X
dfive~vay to discourage left-out movement.
J:\SHRDATA\Planning\SHARED\WP\PROJECTS~Zuhair MaroufiNWSP 01-017\COA.doc
LOCATION MAP
Zuhair Marouf Proposed Car Wash
EXHIBIT "A"
0 1/8 MILE[
EXHIBIT "B!'
EXHII~IT "B
EXHIBIT "B"
I t11t
l,
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Dakota Lofts
APPLICANT'S AGENT: H.P. Tomkins Jr., agent for Dakota Lofts at Boynton Beach, LLC.
APPLICANT'SADDRESS: 2295 Corporate Boulevard #245, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002
TYPE OF RELIEF SOUGHT: New site plan approval for 19 townhouse units in a Planned Unit Development (PUD).
LOCATION OF PROPERTY: 30ri0 South Federal Highway
DRAWING(S): SEE EXHIBIT "B~' ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of .Boynton
Beach, Florida on the date of headng stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applic.ant
X' HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested~by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~' GRANTED subject to the conditions referenced i~ paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: I- I~'-'0,~ ~
S:\P[anning~SHARED\WP~PROJ ECTS\DAKOTA LOFTS\NWSP 01~910
EXHIBIT "C"
Conditions of Approval - Revised 01-03-02
Project name: Dakota Lofts
File number: NWSP 01-010
Reference: 2~areview revised plans identified as New Site Plan. File # NWSP 01-010 with a December 6, 2001
PIannir_g & Zo~fmg date stamp marking.
DEPARTMENTS INCLUDE RI~JECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
1. Fire flow calculations ;viii be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. iV, Sec. 16, or the
requirement imposed by insurance underwriters, whichever is greater (see
CODE Sec. 26-16(a)).
2. The ex/sting welI, as shown on Parcel 2 of the survey prepared by O'Brian, X
Suiter & O'Brian, Inc. dated July 17, 2001, is considered a commUmty well.
It currently serves the dwellings at 2 Virginia Gardens Drive and 82i Bamboo
Lane. It will be a requirement of the applicant to either 1) connect this
residential dwelling to city water that is available to it, or if that resident
owner elects to forgo city water, 2) install a new well to serve the residential
dwelhng.
FIRE
Comments:
3. The fire engine mm around area at the southeast comer of the subject X
property shall have a nfmimum centerline rachus of 50 feet.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Permits must be obtained for work within the public right-of-way (LDR,
Chapter 22, Article II, Section 7). X
5. Show ail ex/sting utilities on Site Characteristics Map (Survey) and Site X
Development plan (LDR, Chapter 4, Section A.3).
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
6. Show flow data graphically (flow arrows), provide details for exfiltration X
trenches, catch basins, and manholes. Indicate, by note, that storm water will
be contained on site (LDR, Chapter 23, Article II.F.).
7. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X
Section 9). Proposed site is in close proximity to the Intracoastal Waterway
and muck excavation is more likely to be encountered. (LDR, Chapter 6,
Article IV, Section 9).
8. Add a note to the landscape plan Ihat within the sight triangles there shall be X
unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches
above the pavement (LDR, Chapter 7.5 Article II Section 5.H.). Show sight
triangles graphically on the site plan and landscaping plan. Reference FDOT
Standard Index 546 for the sight triangles along all collector and arterial
roadways.
9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X
II, Section 5.
10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X
Article II, Section 17 and Chapter 23, Article II, Section B, which identifies
all necessary traffic control devices such as stop bars, stop signs, double
yellow lane separators striping, directional arrows and "Do Not Enter"
signage, etc. Also see City Standard Drawings B-98001 and B-90013 for
striping details.
11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X
Section 5.J., Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard
Drawing A-88007.
12. Provide a typical section for parking lot pavement confonaing to LDR, X
Chapter 23, Article II.Q.
13. If the houses are fee simple, then a plat shall be submitted along with X
conslraction drawings.
14. The road on the south side of the property (Bamboo Lane) is deficient with
respect to right-of-way width and pavement width. Bamboo Lane will be X
required to be widened to 22 feet, to the entrance to the development, to meet
minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c).
Because Virgthia Garden Dhve has been determined to be a private drive it
will be exempted fi:om any upgrades to the roadway. However a tm-around
area shall be provided pursuant to Chapter 6, Article IV, Section 10.D).
Streets shall be designed in accordance with ail applicable sections of the
Code and LDR.
15. Provide details for water, sanitary sewer, and storm sewer improvements. X
Provide detail(s) for the water line crossing with sanitary and storm sewer.
BLrlLDING DIVISION
DEPARTMENTS /NCLUDE REJECT
Comments: ~
16. From the FIRM map, identify in the site d~ta the title of the flood zone that X
the building is located within. Where applicable, speiffy the base flood
elevation, If there is no base flood elevation, indicatq that on the plans.
17. Identify the floor elevation that the design professional has estabhshed for the X
building w/thin the footprint of the building that is sho~vn on the drawings
titled site plan, floor plan and paving/drainage (civflplans).
18. At time of permit review, provide a completed and executed City unity of title X
form. The form shall describe all 10ts, parcels or tracts combined as one lot.
A copy of the recorded deed with legal descriptions of each property that is
being uinfied is requffed to be subm/tted to process the form. The property
owner that is identified on each deed shall match.
19. At time of permit review, submit signed and sealed working draw/rigs of the X
proposed construction.
20. At time of permit review, submit a copy of the recorded resolution that X
verifies the abandonment of the alley, right-of-way or easement.
21. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required for the recreational
amenities that are provided for the project and other common area elements
located at the site. The symbol shall represent the location of the path of
travel, not the location of the detectable warning or other pavement markings
that are required to be installed along the path. The location of the accessible
path shall not compel the user to travel in a drive/lane area that is located
behind parked vehicles. Identify on the planthe width of the accessible route.
(Note: The minimum width required by file code is forty-fora (44) inches).
Add text that would indicate that the symbol represents the accessible route
and the route is designed in compliance with regulations specified in the
Florida Accessibility Code for Building Construction. Please note that at
time of pmunit review, the applicant shall provide detailed documentation on
the plans that will verify that the accessible route is in comphance with the
regulations specified in the Florida Accessibility Code for Building
Construction. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
22. At time of permit review, submit for review an addressing plan for the X
project.
PARKS AND RECREATION
Comments:
23. List on the site plan the site elements for wtdch recreation credit will be X
provided.
24. As a condition of issuance of a land development order for residential X
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
planned unit developments, the developer shall dedicate land, pay a fee in lieu
thereof, or both, at the option of the city, for park or recreational purposes and
according to the standards and formula in Chapter 1, Article V in the Land
Development Code. The total recreation dedication requirement will be
calculated as follows:
19 d.u. x .015 acres = .285acres
½ Credit may be g/yen against the requirement of land dedication or payment
of fees. ½ private recreation credit will be calculated as follows
.285 acres / 2 = .1425 acres
The Developer may want to consider dedication of the land, or a
combination Of dedication and fee.
25. If the property is not required to be platted, the recreation dedication fee will X
be due prior to the building permit being issued.
26. Provide to the Parks D/vision at the close of the construction contract as-bnilt X
plans showing locations of irrigation lines in the r/ghts-of-way and medians.
27. In order to earn ½ recreation credit, the developer needs to provide a X
minimum of 5 of the local park basic requirements listed below, or a
combination of such, and other recreational improvements that will meet
recreation park needs of future residents of the area:
Children's Play Apparatus Area
Landscape Park-Like & Quiet Areas
Family Picnic Areas
Game Court Areas
Turf Playfield
Swimming Pool & Lawn Areas
Recreation Center Building
28. In the opinion of the Parks Department staff, the recreation elements shown X
on the plans do not meet the needs of the furze residents. At a mutually
convenient time, the Parks Department staff will be happy to meet with the
developer to discuss available options to meet the intent of the recreation
dedication requirements for the project.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
DEPARTMENTS INCLUDE REJECT
29. The subject property must be platted prior to the issuance of any building X
permits.
30. The ground level ItVAC units shall be screened with landscaping. X
31. On the site plan, show the location of all outdoor freestanchng lighting poles. X
Provide a typical drawing that includes the height and color / material of all
proposed freestanding outdoor lighting poles.
32. Include a color rendering of all elevations prior to the Community X
Redevelopment Agency meeting.
33. The floor plan(sheets A-I, A-2, B-i, and B-2) must include the scale of the X
drawing.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS
Comments:
34. Condition #3 shall be revised to require that a 40-foot ~vide (min.) emergency X
access way be provided at southeast comer of project and kept clear of tree
trunks and shrubs, and stabilized.
35. The east facades of the "A-2" units shall be designed to prevent visibility X
from units (second and third stories only) onto adjacent single fanhly
properties to east.
36. Project shall include decorative lighting fixtures not to spill light onto X
adjacent single family properties.
37. Enhance landscaping along Federal Highway particularly at north and south X
comers of project.
38. Provide aesthetic gate or barrier at emergency access point at southeast comer X
of project to prevent non-emergency use of opening.
39. Provide enhanced project entrance, in part, to include landscaping, signage X
and possibly a fountain.
ADDITIONAL CITY COMMISSION CONDTIONS
Comments: ~
40. To be determined.
J:\SH RDATA\Planning\SHARED\WP\PROJ ECTS\DAKOTA LOFTS\NWSP 01-010\COA revised.doc
LOCATION MAP
Dakota Lofts
EXHI BIT "A"
C3
EXHIBIT "B"
XHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
I P.
W, SM'~¢~ ARCHITECT
EXHIBIT "B"
W. S~'~;.I~ ARCHITECT