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Minutes 11-08-88MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 8, 1988 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Marilyn Huckle Martin Jackier Daniel Richter Robert Wandelt Jose Aguila, Alternate (Voting) Gary Lehnertz, Alternate Carmen Annunziato, Planning Director Jim Golden, Senior City Planner Tim Cannon, Senior City Planner Tambri Heyden, Assistant City Planner Chairman Walshak called the meeting to order at 7:35 P. M. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS After the Pledge of Allegiance to the Flag, Chairman Walshak introduced the Planning Director, members of the Board, mem- bers of the Planning Department, the Recording Secretary, and acknowledged the following people who were present In the audience: Mayor Ralph Marchese; Vice Mayor Ezell Hester; Commissioner Arline Weiner; Peter L. Cheney, City Manager; Ann Toney, Assistant to the City Manager; Pearl Wische, member of the Community Appearance Board; Sam DeLong, member of the Building Board of Adjustment and Appeals; Ginny Foot, member of the Parks and Recreation Board, Enrico Rossi, member of the Codes Enforcement Board; and Pat McHaffie, Administrative Secretary, Chamber of Commerce. APPROVAL OF MINUTES OF OCTOBER 11, 1988 As there were no corrections to the minutes, Mrs. Huckle moved to accept the minutes as corrected.* Motion was seconded by Vice Chairman Blanchette and carried 7-0. ANNOUNCEMENTS Resignation of Walter M. Trauger, *Corrected should read "presented" - See P&Z Minutes of 12/13/88. member of the Board Chairman Walshak read a letter dated November 3, 1988 from "Marry" Trauger submitting his resignation from the Board and thanking the City ~or the trust they had placed in him for the past seventeen years. He has moved to Delray Beach. Announcement of Special Meetings Johnnetta Broomfield, Director of Community Improvement, invited the members to attend two special meetings to be MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 held on November 9, 7:30 P. M. at City Hall and November 28, 1988, 6:30 P. M. at Poinciana Elementary School. The pur- pose of the meetings is to provide information about three home improvement programs now offered by the City as well as providing information on other housing assistance programs. Everyone was encouraged to attend the meetings. COMMUNICATIONS Transmittal of Meeting Schedule for Review and Approval of the Comprehensive Plan Mr. Annunziato explained that he had presented a list of meetings, workshops and public hearings which are ten- tatively scheduled for the Board in order to meet the public participation requirement in connection with the adoption of the 1989 Comprehensive Plan. The staff review of the draft elements has been included for informational purposes. Mr. Cannon stated that the Florida Statutes and the Florida Administrative Code both require that the Local Planning Agency (P&Z Board) and the City Commission adopt a procedure for involving the public in the adoption of the Comprehensive Plan. He stated the suggestions from the Florida Administrative Code and explained how they proposed to meet those suggestions. The Code requires that provi- sions be taken to ensure that real property owners are put on notice by advertisements in a newspaper of general cir- culation in the area or other method adopted by the local government. This requirement will be met by putting the "Map" advertisements in the newspapers 7 and 15 days prior to any public hearing. This will also be carried in a less formal manner in the City's Newsletter. The second suggestion is to include provisions for notices to keep the general public informed. This will be dong by a running update in the Newsletter. The third suggestion is to allow provisions to ensure the public has opportunity to make written comments. The public can provide oral and written comments at the hearings. All public comments, City Commission and Planning and Zoning Board will be logged and the comments reviewed at the final meeting where a decision would be made as to whether or not the comments would be included in the Comprehensive Plan. All the comments would go to the City Commission for their review and decision. The fourth suggestion is that provisions be taken to ensure that the required public hearings are held. Florida Statute only require one public hearing prior to transmittal of the plan to the State. This must be held by the City Commission. Mr. Cannon pointed out that the City is going far beyond that by having two public hearings before the - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Planning and Zoning Board and two before the City Commission. The fifth suggestion is to ensure the con- sideration of and response to comments. The written com- ments being allowed by the public and reviewed by the Board and Commission should satisfy this need. The sixth suggestion says that local governments are encouraged to make executive summaries available for the general public and should release information at regular intervals to keep the citizens aware of planning activities. There will be executive summaries for each of the individual plan ele- ments. This will be a ten to fifteen page summary for each of the elements. The City Newsletter will be used to carry a runming commentary on what is happening with the Comprehensive Plan. Schedule Mr. Cannon next explained the proposed schedule. December 1, 1988 Level of Service Workshop (Staff and City Commission) Mr. Annunziato explained the importance of the Level of Service to the Comprehensive Plan. There are five levels of service to be adopted - Roads, Drainage, Water, Sewer, and Recreation and Parks. He noted that if the City drops below the level adopted, it must cease to issue development per- mits of all types. He noted the correlation between the Levels of Service adopted and the Capital Improvement's ele- ment. The decision must be made as to what level of service the City can afford to provide. This relates to funding and the concurrency issue. January 3, 1989 Transmittal Housing, Conservation, Coastal Management, Traffic Circulation, Potable Water, Sanitary Sewer, Drainage, Aquifer Recharge, and Recreation Elements to P&Z Board and City Commission. February 7, 1898 Transmit Future Land Use, Solid Waste Energy, Intergovenmental Coordination, and Capital Improvements Elements to P&Z Board and City Commission. Mr. Cannon explained that with the restructuring of the law, the Land Use Plan is to a large extent a function of the other plan elements and must follow from the plan elements dealing with infrastructure. - 3 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 January 24, 1989 Joint Workshop (P&Z and Commission) to discuss January 3rd Transmittal. (This workshop could continue during the week.) February 28,1989 Joint Workshop to discuss February 7th Transmittal. (This workshop could continue during the Week.) The public can attend the meetings but they are oriented to answer any qUestions the Commissioners may have. The public will have foUr public hearing's so they can be heard. March 9, 1989 Planning & Zoning Board Hearing March 22, 1989 Planning & Zoning Board Hearing These two meetings will be held in the evening and would be open to the public to speak or ask questions. Comments will be written down for consideration by the Board and Commissioners. April 5, 1989 Special Meeting to discuss and vote on comments from other meetings April 12, 1989 Regular meeting and vote taken on com- ments for submission to City Commission April 25, 1989 Public Hearing Public Hearing Special Meeting to discuss and vote on comments May 3, 1989 May 11, 1989 May 18, 1989 Final Hearing prior to submission to Department of Community Affairs (DCA) The plan would then be submitted to DCA. They would check to see that it meets all the requirements of 9J5 and would send copies of the plan to the Regional Planning Council, the Department of Transportation, Department of Natural Resources, and the Department of Environmental Regulations. The other agencies would provide input to DCA. DCA would combine comments and return them to the City. A second public hearing would have to be held after the comments are received from DCA. This would then be the beginning of the actual Plan adoption procedure whereby the Plan will be adopted by ordinance. - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Chairman Walshak felt that the schedule was fine. He felt that the Level of Service meeting should be a very infor- mative one for the Board. Mr. Richter moved to accept the schedule and the public participation procedure as presented by the Planning Staff. Mrs. Huckle seconded the motion which carried 7-0. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT 1. Project Name: Agent: Owner: Location: Legal Description: Description: Cranbrook Lake Estates (Silverlake Estates) None Michael and Rita Bilt South Congress Avenue at Golf Road, southwest corner A portion of a 10 foot utility easement more particularly described as follows: The north 5.5' of the south 110.5' of the east 60.7' oif the west 70.9' of Lot 20, Block 2, Plat of Cranbrook Lake Estates, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 33, Page 124. Subject to all easements, reservations, restrictions and rights of way. Request to abandon a portion of a 10 foot wide utility easement (Lot 20, Block 2) Miss Heyden gave a brief description of the property and the location of the utility easement which was to be abandoned. The request involves the swimming pool as well as the screen enclosure. She pointed out that Comcast Cablevision was the only utility interested in the easement, and they had reviewed their previous comments and had decided to withdraw their comments as they have no objection to the abandonment. They will send a formal letter prior to the City Commission Meeting. Vice Chairman Blanchette wondered why the 1984 survey did not show the pool and enclosure as being in the easement area, and why the 1988 survey did show it in that area. - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Mike Bilt, owner, came foward and stated that he did not know, but that the pool and enclosure were already in place when he bought the property. He felt it was probably an oversight. He now wished to sell the property and the title search had resulted in a discovery of the encroachment into the easement area. Mr. Bilt clarified for Mrs. Huckle that the property backs onto the lake and does not interfere with any other property. As no one wished to speak IN FAVOR or AGAINST the proposed abandonment, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle moved to approve the request to abandon a por- tion of a 10 foot wide utility easement, Lot 20, Block 2 in Cranbrook Lake Estates (Silverlake Estates) as requested by Michael and Rita Bilt. Motion was seconded by Dr. Jackier and carried 7-0. PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Legal Description: Description: Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates, Inc. South Federal Highway at Woolbright Road, southeast corner See Addendum "A" attached to the origi- nal copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(h)(3) and Section 5-142(h)(7) "Driveways" of the Parking Lot Regulations. Mr. Annunziato stated that after reviewing this request, was found that the request should be amended to include drainage. He recommend this item be continued to the December 13, 1988 meeting. it Mrs. Huckle moved to continue this public hearing until December 13, 1988 at 7:30 P. M. at Prime Bank Plaza, City Commission Chambers. Motion was seconded by Mr. Richter and carried 7-0. B. SUBDIVISIONS MASTER PLAIN MODIFICATION 1. Project Name: Melear PUD Agent: Anna Cottrell, Urban Design Studio - 6 - MINUTES - PLANNING & ZONING BOARD BOTfATTON BEACH, FLORIDA NO~-EMBER 8, 1988 Owner: Location: Legal Description: Description: Larry Melear North Congress Avenue at Miner Road, southwest corner Township 45 south, Range 43 east, Section 18, Palm Beach County, Florida Request for approval of an amended master plan to allow for a change in unit types and tract boundaries Mr. Golden explained that this request was to allow for a change in unit types and phasing schedule. On October 18th the City Commission voted to accept the TRB's recommendation and made a finding of no substantial change for the modifi- cation reqUested and detlermined that the request should be forwarded to the P&Z Board. Gene B. Glick Company, Inc. has entered into a contract to purchase the property in Phases 2 through 5 of the PUD. Anna Cottrell, Urban Design Studio, representative for Gene Bo Glick Company stated that the proposed changes they were requesting were the result of the changing market con- ditions. The number of single family homes would be increased and the number of multi-family units would be decreased. The overall PUD number of units would remain the same. The multi-family units would become rental units ra~her than owner-occupied units. She had talked with staff about their comments and Ms. Cottrell had no problems with the comments. They would have preferred not to be required to have the lot size at 6,000 square feet, but would comply since this was important to the City. This could necessi- tate a slight change in boundary lines between the phases at a later date. In answer to Mr. Wandelt's question, Ms. Cottrell stated that they would agree to the 6,000 square feet for lot sizes although they would have preferred to keep it at 5,000 square feet. Mrs. Huckle asked if there were any plans to add screened enclosures, and Ms. Cottrell replied that there should be enough space to do so without requesting variances if an owner should desire to do so. There is a possibility that the phase for single family homes might be sold to another developer and Glick Company does not usually do single family units. Ms. Cottrell stated that it was her understanding that any decisions made for the PUD would go with the PUD. Any changes to any part of it by a new owner would have to come before the Board with a request. There was some discussion about whether or not this Board could approve a phase which might extend into another phase. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Mr. Annunziato stated that it could, as it would be eval- uated at site plan approval time. Ms. Cottrell stated that she was in agreement with all staff comments (attached as Addendum "B" to the original copy of these minutes in the Office of the City Clerk). Vice Chairman Blanchette moved to approve the request for an amended master plan to allow for a change in unit types and tract boundaries as requested for the Melear PUD, subject to all staff comments. Motion was seconded by Mr. Richter and carried 7-0. PRELIMINARY PLAT Project Name: Agent: Owner: Location: Legal Description: Description: Lawrence Lake Enrico Rossi, P.E. Rossi & Malavasi Engineers, Inc. Intracoastal Development Corporation East side of Lawrence Road, south of the L.W.D.D. L-21 Canal Lawrence lake, a PUD in Section 18, Township 45 south, Range 43 east, City of Boynton Beach, County of Palm Beach, State of Florida Request for approval of the construc- tion plans and preliminary plat which provides for the construction of infrastructure improvements and landscaping to serve 33 single-family detached units in connection with a previously approved planned unit deve- lopment. Mr. Golden stated this request was one of the three annexa- tion requests which were presented in June. They have been returned from DCA with a recommendation for approval and preparation of the ordinances. There are to be 33 single family detached units on 6j000 square foot lots with a lake in the center for water management. The recreational area and project signage will be presented at site plan approval. The TRB recommended approval subject to staff comments as follows: Building Department The recreation area will require separate site plan approval. Include in this submittal any proposed sub- division signage. - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Ail trees must be a minimum of 8' in height at time planting. A FPL easement is shown on the plat document encumbering lOts 31 and 32. This easement should be abandonded prior to final plat submittal. South Florida Water Management and Lake Worth Drainage District approvals are required. Engineering Department Items required for the recreation area parking lot are: a typicaI section, a lighting plan with details, and landscape curbing and detail. There is no detail on the proposed rip-rap head-wall on sheet %7 as the note on sheet %4 indicates. Utilities Department Sabal palmettos and other large species are not per- mitted in the 5' utility easement abutting the canal. Due to the narrowness of the easement, only shrubs will be permitted so as not to disturb the water main lying therein. This same condition applies wherever sabal palmettos are located proximate to the water main. The roadway dedication for utility purposes is not correct. The nearness of main line sewers to the lot lines will result in the service wyes being encased in concrete, and the use of additional fittings. A detail must be provided showing how these services will be constructed. Delete the detail for double sanitary services which includes a double wye fitting. This construction is no longer acceptable. Mrs. Huckle questioned the statement from the Utilities Director regarding roadway dedication. Mr. Annunziato stated that this was relating to the language used on the document. Enrico Rossi was present and stated that in regard to the third comment made by the Utilities Director, that situation has been corrected. Mr. Rossi had reviewed all staff com- ments and was in agreement with them. Mrs. Huckle asked what size homes these were to be, and Mr. Rossi stated that - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 he did not know. Mr. Annunziato stated that he throught they would be 2,000 square feet or larger. Mrs. Huckle moved to approve the request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements and landscaping to serve 33 single-family detached units in con- nection with a previously approved PUD, subject to staff comments. Motion was seconded by Mr. Wandelt and carried 7-0. C. SITE PLANS NEW SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Bourque/Dawsey Medical Office Building Ronald H. Miller, A.I.A., Project Architect Bourque & Dawsey, M.D., P.A. South Seacrest Boulevard at S.E. 27th Avenue, northeast corner Lot 1 of Gay-Mar Estates, Palm Beach County, Florida. Request for site plan approval to construct a 4,054 square foot medical office building on .51 acres. Miss Heyden described the property and noted that parking is proposed to be in front of the building, to the rear and to the east side. The color of the building is a pale pink with a white roof and trim and gray shutters. Mrs. Huckle questioned comment ~7 from the Engineering Department, and Miss Heyden explained that the City Engineer felt the space was not needed and should be deleted. It does meet code, however, as 90° parking can be within 5' of the drive. Mr. Aguila stated that he could only count 22 spaces on the drawing. Ronald Miller, Architect, stated that he had reviewed the staff comments and was in agreement with them. He also agreed that the one parking space could be deleted as requested by the City Engineer. Chairman Walshak noted that the Public Works Director had submitted a memo regarding the dumpster, and Mr. Miller stated that he had seen the memo and agreed with it. Staff comments are as follows: - 10 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Public Works Department Contractor must call Public Works prior to forming dumpster enclosure. Planning Department Lighting to be directed away from abutting residence on east side of property through utilization of directional lighting. Building Department See Addendum "C-l" attached to the original copy of these minutes in the Office of the City Clerk. Engineering Department See Addendum "C-2" attached to the original copy of these minutes in the Office of the City Clerk. Utilities Department See Addendum "C-3" attached to the original copy of these minutes in the Office of the City Clerk. Police Department Stop signs at exits, and details on lighting fixtures recom- mended. Forester/Horticulturist See Addendum "C-4" attached to the original copy of these minutes in the Office of the City Clerk. Mrs. Huckle moved to approve the request for site plan approval to construct a 4,054 square foot medical office building on .51 acres for the Bourque/Dawsey Medical Office Building. Motion was seconded by Mr. Wandelt and carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Brady's Restaurant George C. Davis, Project Architect Pumping Properties, Inc. North Federal Highway at Martin Luther King Boulevard, southwest corner Lots 1 and 2, Lake Addition, Block 1, less 17' right-of-way - 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Description: Request for site plan approval to con- vert the vacant service station building into a takeout restaurant con- sisting of 372 square feet of floor area. Mr. Golden explained this request was for a takeout restaurant which would have ten parking spaces and a drive- way on Martin Luther King Boulevard. The existing building will be converted and the new building will be a dark red color with gray trim. The TRB recommended approval subject to staff comments as follows: Public Works Department Dumpster location must be relocated as to allow turnaround of sanitation vehicle. Planning Department Specify type of lighting, and existing fuel storage tanks to be properly abandoned. Building Department See Addendum "D" attached to the original copy of these minutes in the Office of the City Clerk. Engineering Department The stop sign location should be shown. A note on the site plan (center of paving) calls for concrete slab paving. The detail on the same sheet calls for asphalt paving. A note on the site drainage plan implies that the existing asphalt paving is to remain. These contradictions must be eliminated. A parking bumper detail is required. Utilities Department Submit complete paving plans indicating break in grade beween the dumpster pad and can wash areas and the rest of the parking lot so as to prevent rainfall runoff from entering the sanitary sewer. Show the location of water and sewer services. Approved vacuum breakers are required on the hose bibbs at the dumpster and can wash areas. These should be Rainbird PVB 075, AVB 075 or equal. - 12 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Police Department Recommend: Lighting details and stop sign at exit. George Davis, Architect, was present and was in agreement with the staff comments. He had a problem with the reloca- tion of the dumpster, but had spoken with the Public Works Director and apparently they were in agreement. Arnold Rogers, present owner of the property, was concerned that there was no curb cut onto Federal Highway. After further discussion, it was pointed out that due to the size of the frontage a curb cut was not allowed. Mr. Rogers had some concerns that without the curb cut (there are presently two curb cuts) the value of the property might decrease. There was further discussion about the location of the dumpster. It was pointed out that this was a takeout restaurant and would probably not be serving breakfast. Most of the trucks would be picking up garbage prior to opening of the restaurant. Vice Chairman Blanchette felt that this location would have a very easy in and out onto Martin Luther King Boulevard. After further discussion, Mr. Richter moved to approve the request for site plan approval to convert the vacant service station building into a takeout restaurant consisting of 372 square feet of floor area subject to staff comments. Motion was seconded by Mr. Wandelt and carried 7-0. Mr. Brady wished to clarify that the name for the restaurant will be "Nothing But Ribs." Project Name: Agent: Owner: Location: Legal Description: Description: Brown/Mirisola Office Addition None Scott K. Brown and John Mirisola North Federal Highway at N.E. 12th Avenue, northeast corner Lot 12 Wilms Way, Boynton Beach, Florida Request for site plan approval to construct a 4,396 square foot office addition for Apollo Pest Control Mr. Golden stated that this is to be a one story addition on the north side of the existing building and will be con- nected by the reception area. The exterior is beige in color with bronze trim. The TRB recommended approval sub- ject to staff comments as follows: - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Public Works Department Dumpster enclQsure must have a minimum 10' x 10' inside dimension. Building Department "E 2" See AddendUm , attached to the original copy of these minutes in the Office of the City Clerk. Engineering Department See Addendum "E-l" attached to the Qriginal copy of these minUtes in the Office of the City Clerk. Utilities Department Indicate the proposed method for providing water and sewer service to the new building. The existing septic tank on-site must be emptied and prop- erly abandoned. Pressure vacuum breakers will be required on all hose bibbs outside of the building and in mixing or storage areas. In addition, a reduced pressure unit will be required on any new water services for the proposed building. Police Department Recommend the following: Lighting details, stop sign, move rear door to reception area flush to extension wall. Forester/Horticulturist There should be a landscape legend prepared for the landscape plan showing species and quantities of plant materials. Fifty percent of the newly planted trees should be native species. The type of sod used around the buildings should be shown. The irrigation system should provide coverage over the road rights-of-ways. Fire Department No memo written. Fire hydrant meets code. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 There was some discussion that this request was an expansion of a non-conforming use. Mr. Golden stated that since they were only expanding the office area this was acceptable. Scott Brown was present and stated that he agreed with the staff comments. Vice Chairman Blanchette stated that he submitted a Memorandum of Voting Conflict form as he and his associated company prepared the plans. (See Addendum F attached to the original copy of these minutes in the Office of the City Clerk.) Mrs. Huckle moved to approve the request for site plan approval to construct a 4,396 square foot office addition for Apollo Pest Control subject to staff comments. Motion was seconded by Dr. Jackier and carried 6-0. (Vice Chairman Blanchette abstained from voting.) After a short break, the meeting resumed at 9:00 P. M. Project Name: Agent: Owner: Location: Description: Tri-County Commuter Rail Station at Quantum Park Palm Beach County, Engineering & Public Works Architectural Division Florida State Department of Transportation Interstate 95 at N.W. 22nd Avenue, northwest corner Request for site plan approval to construct a railroad station platform and parking lot for the Tri-County Commuter Rail system. Miss Heyden stated that the Department of Transportation (DOT) was requesting site plan approval to construct a railroad station platform and parking lot for the Tri-County Commuter Rail system to be located within a portion of Quantum Park and the Seaboard Airline Railroad right-of-way. Vehicles would enter the station via an access road origi- nating from High Ridge Road through an easement on Lots 90 and 91. A dropoff area, a sidewalk connection from High Ridge road, recovered platform and parking are proposed. The TRB recommended approval subject to the staff comments as follows: Building Department See Addendum "G-l" attached to the original copy of these minutes in the Office of the City Clerk. - 15 - MINUTES - PLAi~NING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Engineering Department A sign post detail showing the height of the sign and the post embedment is required. The handicap parking striping is to be blue. A detail is required for the parking bumpers. Section "A" - "A" should show the "C" type drainage struc- ture. The inlet should be 4" to 6" above the finished invert of the swale. Both inlets should be above the swale invert. Planning Department See Addendum "G-2" attached to the original copy of these minutes in the Office of the City Clerk. Mr. Annunziato stated that there are multi-jurisdiction issues involved in this request. DOT purchased the right- of-way from CSX Rail Company and DOT is the owner of the right-of-way. DOT contracted with Palm Beach County to build the train station. Mr. Annunziato read a paragraph from a letter from Joel Easom, Palm Beach County Department of Engineering, Architectural Division and agent for Florida DOT which stated that the 3urisdiction for the facility was established as follows: 1) The portion of the facility to be constructed within the DOT property will be under the joint jurisdiction of the Florida DOT and Palm Beach County. Palm Beach County Architectural Division would administer the construction contract for compliance with contract docu- ments. Under State statutes, the facility would be exempt from local jurisdiction. They determined that the City of Boynton Beach would not have responsibility for the portion of the facility constructed within the DOT property and a permit would not be required. The letter continued that the access road and drive portion leading up to the DOT property line being outside the property line would be within the jurisdiction of Boynton Beach. That portion would be constructed according to the City of Boynton Beach require- ments. The successful contractor would apply for a permit from the City. The Architectural Division would administer the construction contract for compliance with contract docu- ments. Mr. Annunziato commented on the letter by saying that the comments made in terms of staff review were not very rigorous and he was hopeful that DOT and Palm Beach County would find a way to comply with those comments. He did not - 16 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 feel that the City was fully in agreement with the jurisdic- tional position taken by Palm Beach County. Mr. Annunziato referred to the issue between WXEL and a State school func- tion where the Attorney General rendered an opinion that under the new planning laws all private and public construc- tion including construction by the State and its agencies must comply with Comprehensive Plan requirements and zoning requirements. They are exempt from securing permits on property they own, however. The issue will be forwarded to the City Attorney for review. Rick Rossi, Engineer, Rossi and Malavasl Engineers, Inc., engineers for the Quantum Park project, gave some background information on this project. The platform would be built totally in the right-of-way of the railroad. To get the project started, the standards set forth by the consultant (Deleuw Cather) who was doing a number of the stations and coordinating them for uniformity. The standard product was used and simply adapted for this site. Some problems which have come about between the City and this project are due to using the standardized plans to be followed. He felt the problems were minor, and that Deleuw Cather would probably be willing to sit down and work out the differences. Joel Esom was available to answer any questions. Chairman Walshak stated that there were many staff comments and he wanted to know if they could go down the list one by one and see if they could agree. Chairman Walshak had no problem with the jurisdiction issue, but he did feel that the City code should be complied with as much as possible. George Seriani, DOT, 780 S.W. 24th, Ft. Lauderdale, stated that at the present time they have 11 stations under construction and 3 additional Amtrack stations will be used for a total of 14. With the Amtrack stations they are only resurfacing the parking lots and making minor improvements. The cities in those cases feel they have jurisdiction over the project, but this is in dispute at this time. Pompano and Boca Raton have approved easements on private properties for their stations. The standard version has been modified in the various cities as far as access roads, parking requirements, natural barriers, etc. He pointed out that no money was available for right-of-way acquisition in Boynton Beach. They had to find a property owner who was coopera- tive, and Quantum Park (Deutch Ireland) came to them and were willing to give an easement across their property. This gives a 100' easement which is wide enough for a sta- tion. Most other areas do not have a station in the railroad right-of-way as there is not enough space. - 17 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 After going through the staff comments item by item, the agent was in agreement with all staff comments. Mr. Richter moved to approve the request for site plan approval to construct a railroad station platform and parking lot for the Tri-County Commuter Rail system at Quantum Park subject to all staff comments. Motion was seconded by Mrs. Huckle and carried 7-0. SITE PLAN MODIFICATIONS e Project Name: Agent: Owner: Location: Legal Description: Description: Casa Blanca Apartments Jeffrey A. Boone, Post, Buckley, Schuh & Jernigan, Inc. Paul Himmelrich, Trustee West Boynton Beach Boulevard at Old Boynton Road, northwest corner A parcel of land located in a portion of Section 20, Township 45 south, Range 43 east, Palm Beach County, Florida Request for approval of an amended site plan to delete staff comments per- taining to turn lane improvements. Mr. Golden stated that the applicant was requesting deletion of comments which require that certain turn lane improve- ments be constructed on Old Boynton Road and West Boynton Beach Boulevard. The comments are contained in the memo from the Police Department dated September 7, 1988. Mr. Golden referred to the handout which was given to the Board members with a cover sheet which said August 2, 1988 but should read September 7, 1988. Also, the memo containing that recommendation was included with the handout. The pre- liminary plat was submitted to the Planning Department for TRB review in August. The plat was returned for corrections to be made by the applicant due to technical problems. The staff comments are as follows: Police Department Lighting to be photocell activated. Stop sign at north side of tennis court to be moved to the west side of the dumpster. Right turn lanes provided for entering into the complex on Old Boynton road and on West Boynton Beach Boulevard. Traffic directional arrows on pavement. - 18 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Comply with Construction Ordinance Section 7. The preliminary plat and site plan were submitted in September. At that time there was further discussion regarding the turn lane improvements, and the recommendation was made by the Police Department with the consensus of some of the TRB members that the right turn lane on Old Boynton Road and Boynton Beach Boulevard be added. The TRB read the request to delete the uurn lanes. With the new intersection at 8th Street, Old Boynton Road and Boynton Beach Boulevard, the road has been diverted and a curve created. Traffic coming south on Old Boynton Road through the intersection often is at high speed and there is a visibility problem around the corner. The concern was the people would almost have to stop in the road to turn into the site. It was recommended that a right turn lane be constructed to allow those turning to transition before the turn. Chairman Walshak wondered what that would do to traffic going northwest on Old Boynton Road. Mr. Golden stated that would not affect northbound traffic on Old Boynton Road. Northbound there would be a light, so the people would turn after coming to a stop. Chairman Walshak was concerned about the traffic stopping on Old Boynton Road if someone was trying to make a lefthand turn into the project and someone was going north. Mr. Golden stated that there was more visibility in this case as it is right by the signal and there is a clear view of a car stopping. On the turn with someone coming around the turn toward the intersection at a high rate of speed and the person in front of them comes to a stop to turn in, there could be a problem seeing that car and causing a rear end situation. Chairman Walshak stated that the problem he had with this was if 5 of 6 cars stack up in that lane to make right-hand turns into the pro- ject. On the curve with cars coming around if the first person in the turn lane decides to be a good citizen and motions traffic wishing to make a left turn into the project going north to turn, you could have a head-on situation. Mr. Golden felt that another thing could be a left turn lane northbound. He had recommended that but it did not generate much dicussion. The discussion had been about right turn lanes, chairman Walshak was Only looking at it from a com- mon sense standpoint and he was concerned about people hitting head on. Mrs. Huckle wondered if the assumption might be that those wishing to go into the project from Boynton Beach Boulevard would go through the light towards the west and go into the - 19 - MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA NOVEMBER 8, 1988 curb cut on Boynton Beach Boulevard. She did not feel people would do this as it is at the other end of the complex. Chairman Walshak felt that traffic in peak hours would try to run right through and use the closest route to get to their homes. Mrs. Huckle asked if there was room for a left stacking lane at the northbound left? Mr. Golden felt that there was. Chairman Walshak suggested that in putting the turn lane in, more of a problem would be created. He was concerned about head-on accidents. He felt that with proper turn signals and people not going too much over the spe~d limit there should not be too many problems. Mrs. Huckle asked how many car depths are proposed. Mr. Golden stated that this would have to meet the applicable standards and be approved by the City Engineer for that situation. Mr. Annunziato stated there are only 200 units proposed for this project and he did not feel there would be many vehicles stacking. Mr. Golden stated there was a copy of the traffic study in the agenda packets. Chairman Walshak stated that according to this study, the worse situation at peak hour would be 38 cars. Mr. Golden felt it was worse on Old Boynton Road than on Boynton Beach Boulevard. Mr. Richter referred to the letter from Post Buckley, last paragraph, which spells out that he agreed to staff comments and the turn lanes were an afterthought. He had agreed to something which he was not aware of. Mr. Annunziato stated that they did no~ necessarily agree with Post Buckley's position in that matter. Chairman Walshak felt these questions should be addressed to the applicant. Mr. Golden stated that the concern on Boynton Beach Boulevard was for cars traveling westbound who would have a situation similar to that at the Villager. People in the right lane might suddenly stop to turn in. Cars at a high rate of speed would have to brake. There was some thought that perhaps Cross Creek should have been required to pro- vide turn lanes. It is not known how this situation will work out as that center is not open as yet. The Police Department recommended a right turn lane to allow cars to slow down and turn ~n outside the three westbound lanes. Chairman Walshak felt this made sense. Mr. Golden stated there was an existing left turn stacking lane eastbound. There is to be a bond posted ~n case a traffic light is needed at that intersection. Mr. Golden stated that the comment requiring both right turn lanes were contained in the September 7th memorandum which - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 went with the site plan. There were no handouts at that meeting as all comments were available on Friday for pickup. He noted that the applicant claimed they were not aware of that memo, but it was included in the packet. Mr. Golden noted that the applicant had agreed to the conditions, but now they were saying they were not aware of them. Wilson Atkinson, Attorney (Atkinson and Jenny) Hollywood, Florida, represented the developer of Casa Blanca apart- ments. When he read the backup and talked to the applicant, he felt he would be coming to the P&Z Board meeting to ask that they correct what they hoped was a clerical error. He noted that the issue first arose at the TRB. At that point in time his client had engaged a professional traffic engineer to look at the site to determine what was necessary by State law and Boynton Beach code. During that meeting, Lt. Hammack raised the issue of his perception that turn lanes were necessary. He felt that Lt. Hammack had not seen the engineering report which states that those turn lanes are not necessary. There is no engineering justification for requesting them. That was the last his client heard from that request. He understood that the City Engineer was not requesting the turn lanes. Andy Carlino, Post, Buckley, Schuh & Jernigan, Inc., stated that there are three tests to determine the necessity of right turn lanes. These are project traffic, overall traf- fic, and geometry and site distance problems. Project Traffic - The worse case at peak hour on Old Boynton Road in the morning would be 5 cars. The evening trips at peak hour would be 24. On Boynton Beach Boulevard in the morning peak hour trips would be 4 and evening 19. He noted these are very, very low volumes. Overall Traffic (the impact on arterial roadways) - On Old Boynton Road right turns in and left turns in allow the service to continue at a level of service "A" or the highest level of service available. The left turns out actually reduce the level of service to level "C" as this is the most difficult movement. The left turn in the evening is a little better (a "B"). On Boynton Beach Boulevard the analysis was a little more difficult according to Mr. Carlino. They did a critical gap analysis in this case. They went into the field and put the findings into the computer. This anaysis determined that the level of service at that intersection functions at worse at a level of service "B." - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Geometry and Site Distance Issues - By all traffic engi- neering standards there are no unusual geometric or site distance constraints at either intersection. There is a traffic control at Old Boynton Road and Boynton Beach Boulevard which further slows traffic down. A traffic light at the intersection of Casa Blanca and Boynton Beach Boulevard is proposed if and when this is warranted. The speed limits on both roads are well within acceptable limits for these type intersections. They felt it was important to double check and do some quality control on their report. They checked with Palm Beach County and learned that they consider the necessity of a right turn lane when they approach 150 right turn trips. They seldom require them on a slx lane road. Neither of the above circumstances would have required turn lanes if the project had been located in the County. Mr. Carlino showed some photographs which show other simi- lar areas and noted that neither of them have right turn lanes. He noted that it was their feeling that the facts do non point out that right turn lanes are warranted at either intersection. He felt this had been supported by the Palm Beach County Traffic Division. Mrs. Huckle asked how Lt. Hammack reacted to the presen- tation of the numbers in the traffic count. Mr. Carlino noted that they had tried to call Lt. Hammack and had been unsuccessful in their attempts. Mr. Carlino stated that at the TRB meeting they expressed their objection to Lt. Hammack's comment. At that time Lt. Hammack had not read the traffic report° The City Engineer had read the report, and he neither agreed nor disagreed with the report. According to Mr. Carlino, the City Engineer said he did not have the same comment that Lt. Hammack had. Mr. Annunziato had different ideas as to what transpired in this regard. Mr. Carlino noted that the morning peak coming out of Casa Blanca on Boynton Beach Boulevard is 35 and the evening peak coming out is 17. The total intersection trips is 139 trips in a peak hour. The left turn movement would be the most difficult~ and the only way to control that would be with a traffic light. There was discussion about putting a median in that area, but Mr. Carlino pointed out that that would cause a problem with no left turns coming with the east- bound traffic if the median is blocked. Chairman Walshak felt the turnarounds on both sides could be used. Mr. Caralino felt that people would then make "U" turns at the traffic light. In answer to Dr. Jackier's question, Mr. Carlino noted that the traffic report had been presented from the beginning and - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 was available to the TRB. another memo stating that are necessary. Post Buckley had responded with they still feel that no turn lanes Mrs. Huckle felt the numbers were unrealistic even though the traffic study was available. Mr. Richter also felt they were very small numbers. Mr. Carlino stated that the data used was taken from the 1985 Standard Engineers' Traffic document which is used Nationwide. The updated version of this document is even more conservative. The document is accepted by all the traffic engineers and communities. The information in the traffic report is signed and sealed by Professional Engineers. At the peak hours at that intersec- tion, Boynton Beach Boulevard operates at a level of service "B" and functions very well. In answer to Mr. Aguila's question Mr. Carlino stated that the critical gap analysis was done during peak hours during the season. It was noted that the speed limit is 35 miles per hour in this area. Mr. Annunziato wished to clarify the memorandum issue. He stated that at that meeting there were no handouts. All backup information was available for pickup on Friday. The suggestion that the memo was not in the packet indicates (according to Mr. Annunziato) that the specific agenda packet did not include the memo or the applicant picked up the packet and the memo was lost in transporting. Mr. Annunziato felt that it was probable that the applicant had the memorandum as everyone else did. Mr. Annunziato stated that as far as the legality of requiring site improvements in regard to safety issues not covered in the City's Code, additional criteria can be imposed as necessary to make the site safer, if the City Commission deems this is warranted. He felt that if the Commission desired for the safety of the citizens, turn lanes could be required. The volumes shown are low according to the traffic figures. He felt that the increasing number of through traffic had not been addressed. Both roads operate fairly well today, but what happens when the traffic is 1½ times as great as it is today. Chairman Walshak asked if Cross Creek had a turn lane, and Mr. Annunziato stated that they do not. Chairman Walshak felt this could be more of a problem than Casa Blanca. Mr. Annunziato stated that at some point the City must start to make decisions in these matters if public safety becomes an issue. - 23 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 Gary Lehnertz, Alternate, came forward and stated that in looking at figure ~4 in the P.M. peak hour there are half as many right turns as left turns from Boynton Beach Boulevard. There is almost twice as much straight through traffic from the east as from the west. Left turns there are almost twice as many. He felt that the left turn from the west and right turn from the east should be reversed in their num- bers. He did not feel this made sense to say there were only 19 coming from 1-95 and 38 from Congress and Military Trail at an evening peak hour when people were coming home from work. Those two figures caused some doubt in his mind regarding the validity of the rest of the report, but he noted that he is not a Traffic Engineer. Mr. Lehnertz stated that he lives in that area and noted there are two lanes coming off of 1-95. Immediately to the east of Old Boynton Road the road expands to three lanes and the speed limit increases to 40 miles an hour. Be had per- sonally seen many people come off the bridge, come to the three lane area which allows them to separate out and they speed up past the 40 miles per hour. This could be dangerous if people decide to slow up and turn with the other traffic speeding up. This was his personal obser- vation. Vice Chairman Btanchette referred to Mr. Annunziato's com- ment that in the future as traffic increases, the added lane would be needed. Be asked if there was room for right-of- way expansion. Mr. Annunziato believed there was a require- ment to dedicate the right-of-way 60' from the center line. There should be the capacity in the right-of-way to accom- modate a turn lane. Mr. Annunziato noted there are no plans to ever expand Boynton Beach Boulevard beyond six lanes. The only two roads in Palm Beach County which will be more than six lanes are Glades and Okeechobee. Mr. Annunziato stated there will be approximately 450 people living in the 200 units in Casa Blanca. They figured there would be one car per unit, but this could be more. There was further discussion regarding the figures on the Traffic Report and the number of cars coming in and out. Mrs. Buckle felt that the figures were very low for the number of residents and service people coming in and out. Mrs. Huckle was more concerned about the curve on Old Boynton Road. Chairman Walshak agreed, and f~lt that the stacking lane created more of a problem than it alleviated. Mr. Aguila felt that a right turn in heading south on Old Boynton Road is not inappropriate, as there is a traffic signal there. People would not be inclined to turn unless - 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 the signal was in their favor. Mrs. Huckle pointed out there is no signal at this point, but Mr. Aguila was referring the the one at Old Boynton Road and Boynton Beach Boulevard. Cars going north would not be moving very quickly. He saw traffic coming south on Old Boynton Road moving rapidly. He felt that traffic coming in would slow down but keep going. He was in favor of the right turn lane on Old Boynton Road going south, but not a left turn going north. Mrs. Huckle noted that the TRB had not recommended a left turn lane going north on Old Boynton Road. Mr. Golden felt this might be a good idea. Mrs. Huckle was in favor of at least a right turn lane going south into the project on Old Boynton Road. Mr. Wandelt agreed. Attorney Atkinson concluded by saying that the P&Z Board had previously approved the site plan and plat. Their engineer advised that the project as presently approved cannot be built with the turn lanes. The inclusion of the turn lanes would eliminate some of the landscaping and water retention areas which are approved. They would have to come back before the Board for approval. The drainage in that area is very tight and critical. The cost of turn lanes is not the problem, but the drainage issue is a problem. If his client had the comments, this conversation would have taken place earlier and not at this meeting according to Attorney Atklnson. The second problem is a legal problem. Florida Statute 471 imposes on emplQyees of municipalities a respon- sibility to follow good engineering practice. He admitted that the City does have police powers and can impose safety precautions. Where there is established criteria for issues such as turn lanes, the Board and Commission must abide by that criteria according to Attorney Atkinson. The certified Traffic Engineer's report was available showing the total impact on the two roads which would be brought to the City. The.refore, when Lt. Hammack made the suggestion and the City Engineer did not take issue with the report, his client did not believe that a lay person's observation would take pre- cedence over an Engineering ~Report which follows State cri- teria. When they learned of the problem, their engineer went to the County to find out how they would react in a similar situation. This information has been made available to the City. Attorney Atkinson pointed out that a traffic signal has been bonded in case traffic does become much greater. The turn lanes cannot be accommodated due to the drainage requirements. He noted the hours of time which had been spent by the City and his client. He referred to the - 25 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 history of this project which looks like it should be com- mercial property. His client had been able to make the pro- perty work as residential property. Bis client cannot pull his permit for the project unless Lt. Hammack's request for the right turn lanes are deleted. Mrs. Huckle was concerned about the lack of the City Engineer's comments in this ~ase. Chairman Walshak felt that a decision must be made based on professional criteria and they must accept the pro- fessional's opinion in this case. He felt that from the standpoint of fairness, this project was being asked to pro- vide a turn lane when a few hundred yards west, a project was not required to provide turn lanes. He liked the idea of the applicant posting a bond for a light if traffic warrants. Mrs. Huckle noted that this does not address the problem on Old Boynton Road. Chairman Walshak did not feel this was necessary. Mr. Annunziato stated that the size of the watsr management tract is directly related to the amount of storm water runoff which would be generated by this site. If a turn lane is installed, it would push that line of water manage- ment tract northward and reduce the size of the water mana- gement tract. Landscaping would have to be accommodated which would be adjacent to the turn lane. Attorney Atkinson agreed but added that the Water Management District required a minimum average width of all retention areas. If the retention area does not meet the requirements due to decrease in size, the project would have to be redesigned. He felt the project would then be less attractive if this had to be done. The same number of units might fit into the site, but it would not be as attractive, and would require considerable redesign. Mrs. Huckle was concerned that the Board could not counter- mand a TRB recommendation. She wondered how to address that in a motion. She felt that a motion would have to be that the Board recommend that the City Commission reconsider the TRB recommendation. Mr. Annunziato stated this would be the way to do it if the Board wished to take this action. Chairman Walshak noted that this application was asking the Board to delete staff comments. Mr. Annunziato stated that they were being asked to delete the condition of approval. Attorney Atkinson stated that they could meet all comments except for this one regarding right turn lanes. Mr. Aguila still had a problem with not having any comments from the City Engineer. Mr. Richter did not feel it was 26 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 fair to require the turn lanes of one applicant and not of others. Mrs. Huckle felt that safety must be considered as well, irregardless of any past mistakes which had been made. A project must be considered on its own merit. Mr. Wandelt felt that at some point in time changes would have to be made. Attorney Atkinson felt that the City Engineer was not in disagreement with the information presented and that was the reason he had not responded with comments. Vice Chairman Blanchette, based on the information before them, moved to approve the amended site plan to delete staff comments pertaining to turn lane improvements for the Casa Blanca Apartments. Motion was seconded by Mr. Richter and carried 5-2. (Mrs. Huckle and Mr. Wandelt voted against the motion). Project Name: Agent: Owner: Location: Legal Description: Description: Gerulaitis Multi-Family Apartments at Congress Lakes PUD Tom McMurrain C&R Developers, Inc. c/o Richard H. Critchfield South side of N.W. 22nd Avenue, west of North Congress Avenue See Addendum "~" attached to the origi- nal copy of these minutes in the Office of the City Clerk Request for approval of an amended site plan to substitute a one-bedroom unit building for a two-bedroom unit building including a related change in parking lot layout and design. Mr. Golden stated that it was proposed to substitute a one- bedroom unit building for a two-bedroom unit building. This would include a related change in parking lot layout and design. The TRB recommended approval subject to staff com- ments as follows: Forester/Horticulturist The parking area should receive additional plantings to pro- vide visual screening from properties across the lake area. Building Department See Addendum "I" attached to the original copy of these minutes in the Office of the City Clerk. Jess Sowards, Project Manager, Currie Schneider Associates AIA, PA, was available to answer questions about the - 27 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 8, 1988 request. The action was taken the parking requirements. Mr. the staff comments. to come into compliance with Sowards was in agreement with Dr. Jackier moved to approve the request for approval of an amended site plan to substitute a one-bedroom unit building for a two-bedroom unit building including a related change in parking lot layout and design for the Gerulaitis Multi-Family Apartments at Congress Lakes PUD subject to staff comments. Mr. Richter seconded the motion which carried 6-0. (Mr. Aguila abstained from voting. See Addendum "J" Memorandum of Voting Conflict form attached to the original copy of these minutes in the Office of the City Clerk). COM~ENT BY MEMBERS Mr. Aguila stated that he had spoken to Mr. Annunziato and told him that he has a problem with the reduced drawings the Board members receive. He wished to have full size drawings of the various pro~ects. Mr. Annunziato stated this was possible. They would have to request 9 additional sets of drawings from an applicant in order to provide them for the Board members. Mr. Annunziato suggested that on Friday afternoon before a meeting to be held on Tuesday, Mr. Ag uila could stop by %he Planning Department and pick up a set of drawings for use over the weekend. He could then return the drawings to the Planning Department on Monday morning. Mr. Aguila felt this would be a good solution. The other mem- bers could also borrow a set of drawings as necessary to assist them in their evaluation of a request. Mr. Aguila also felt that if a department did not have com- ments to make, they should state that in a memorandum so the information would be available for the Board's use. Mr. Annunziato stated that if a department has strong feelings on an issue, they do provide their comments for the Board's use. There being no further the meeting properly adjourned Peggy Cressman Recording Secretary (Three Tapes) business to come before the Board, at 10:40 P. M. - 28 - EXHIBIT B All that part of Section 33, Township 45 South~ Range 43 East, Palm Beach County, Florida, lying west of the West line of Rousseau's Subdivision as recorded in PSat Book 1, Page 14, Public Records. of Palm Beach County, Florida; east of the east right-of-way line of U.S.Highway No. i, and North of the westerly extension of the South line of Lot 2 of said Rousseau's Subdivision, except the northerly 50 feet thereof taken for S.E. 15th Avenue AND ALSO all that part of Lots 1 and 2 of Rousseau's Subdivision as recorded · -in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; ~xceptas follows: that part taken for S.E. 15th Avenue; and more particularly described BEGINNING at a point in the West llne of said Lot 1, distant of the Northwest corner thereof; thence N. 89 ~ 41' - i3~"" ~iEast50 along afee~ South line parallel .with and 50 feet South of the North line of sa~ of 83.00 feet to a point said ~1~ -~ ....... -~ ~ i, a distance rE. 15th A~enue, thence S. 85 - 32" _ =o,, ~ . . --_-- o~-way !ina 72- 42 - 45 E., a ~6~-= ~-~-- ~?~-~-:" c = ~ olnt, thence 47 E., a distance ofC:K~:;~n-.-g~~.~. ~=7.-~,: P t, ~.-nce S 00-18 distance of 21.07 f~=~'~-~'~Ag~ ~w7~%~-~:'¥~' ~"=,,m~-~- =-n =,. . =:-nce- N 8~_- ~i - 13 E. , a line of the Intr~a~ ...... z . m:~ -z - ,~ ~ the weste~!v rloh~-~-~ west~ · _ ~'-:--~-:r'. ~: '~. ~; ~7-~'~'i~v'~'~v','- - DO" W. 1 r~ght or,wa ........... ~ ........... , alon a feet to a D e. ~' -<s:o ~...u ~ ~ S~aI~.Waterw=y a d~stan e point, thence S. 07~:~-' 7, ~=~n.~w%, ~%~ ~-'f = ~.~=ance o= 12o.00 feet to Y d Intracoas~ -~..~ .~,.~ . ~ fly ri hr-of- - . ~ ~,,..~.~.-~ance or 80. ~ - - the South line of sal~.. ..-. Lot 2 ,-~'~.~en¢~..~.. ='~='~"~=' ~- .... ~'"~ .... - 41-~-'- 100" ~ee~ LOt 2 and ~e extemslon..~e~¢;¢,=~r,.~.-..-m--~ . . 3 W. ,a=ong less to a . -~-._ .~ ~ -. ~ · distance o~ o69.33 · point on t ~ -.. ~ ~ .... feet more he~s~ ............... , . or ~ 0z - ~.~., _ ~,, ~ . ~:.~-~-9..-~ne of'U.S ~ ; . ~ ~' '~ ~- ~ n., a on~A~-~g~:;%'a· r= -~ig~ay No. 1, th n · ... - .:~ . ~,-. ,. ~ C ~. 1 a d . . ..~ ~.~=,, ..~,==.,~.~?.o~. way 1=ne of s to t~ West, havln~ ~ ~=~,~-~~:'~:=.u' ct a Cu~e =o 55 - 10"; thence Northerl,, ~ .... ~.9~ fee~ an~.a central ~g!e of 03 - j =~u~ une arc o= sal~ c 199.40 feet t · . u~e, a ~stan , o ~e P.T. of said curve; thence continu~ a!on tce of g g he East %ght-of-way line o ' · . - : 27.09 ~ ..... f ~ald ~:S. Highway No. l, N. 01 - 02' -- - ~==u uo a pol~t; thence N R~ - ~, ~=, - ~et to a point; thence N ,~ _ .~; --__,,=~ - ~u ~., a d~nce of 150.00 ~4st.raght-of-way of said U. S. Hi=5w~v ~T~ ~ =lO~ ~ lane P~=!lel w~th the a point on the South v~,~ ~¢ ~-fv---= *-~. ,, a; ~zstance of !50.00 fete 89- 4~' -- ~=,, . . tT~"~=-w~y line of said S. E. 15th Av~, -. ~ ~ n., along the said So~h ~-~ k .. ---~-=, =hence N. ~< 1~ .... -j ..... =u uo 5ne POINT- OF BEGI~ING a~ ~-=_:2 ..... , ~,,u~= or less. '*- ~**~=~g ~. ~ acres TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR MELEAR PLANNED UNIT DEVELOPMENT MASTER PLAN MODIFICATION-STAFF COMMENTS Please be advised of the Planning Department's comments in co~ec~ion with the above-referenced request for approval of an amended master plan: !. ~_~ae Technical Review Board (TRB) recommends that the proposed minimum lot.-size for the single-family tract (p~ase three) be increased from 5,000 square feet to 6,000 square feet. The basis for'this recommendation *- Ghat there are a large number of the 5,000 square ~.~ lots in the planned unit developments in the r_~r-~est portion of the City (including the Meadows, ~ton Lakes, Lawrence Grove, Citrus Glen, etc.) and Lm has been the experience of the TRB that where these -~-~=-7! lot sizes have been approved, there has been a -~e~dency of attempts to further reduce approved set- ~?=~ks to allow for additional buildable area and -~=_~ules (such as screened porches) owing to the ~t±a! small lot size. Many of these proposed amendments .... ~ '~ after the homeowner finds that there is not enough _~cm to do the things or enjoy the amenities that the %..~-meow~er desires. ~are is an obligation on behalf of this development signalize the intersection of Sandalwood Drive and Nc~h Congress Avenue. This improvement has not yet been b~ded. It is recommended that a bond be posted for this ~provement within sixty (60) days of approval of this accordance with Section 9.B of Appendix B, Planned ~t Developments, peripheral yards abutting other zoning ~tricts shall be the same as required in the abutting r~ne. Future site plan or plat submittals should reflect ~h~s requirement. 4. ~opcsed access to phases two, three and four from ~=~]wood Drive must be consistent with Section 1 of k 'cie X of Appendix C "Subdivisions, Platting" of ~-= City of Boynton Beach Code of Ordinances. ADDENDUM "B" Page 1 of 2 Aa ~q~ time of approval of the preliminary plat(s)%for 5D~ single-family tract (phase three) a plan must be =~ed which specifies the proposed setbacks for e~ch lot, including setbacks for proposed amenities such as swimming pools, spas, and screened enclosures. ~roposed setbacks should meet or exceed minimum City standards (contact Planning Department for further details). ~'~- appropriate buffer should be incorporated between the single-family lots in phase three and the Miner Road right-of-way. This buffer should be placed in an easement maintained by the homeowner's association. The developer of phase three should also consider the construction of a buffer between the lots-adjacent to the west property boundary and the City's water storage facility. Any proposed signs or recreation areas will require fu%ure site plan approval. ADDENDUM "B" Page 2 of .2 MEMORANDUM To: From: Carmen Annunziato Planning Director Don Jaeger Site Development Building'Department Date: Subject: November 2, 1988 SITE PLAN APPROVAL - BOURQUE/DAWSEY MEDICAL OFFICE BUILDING As a condition of site plan approval, the following comments should be incorporated into the related documents by the applicant: 1. Curbing is required around all landscaped areas adjacent to parking stalls. 2. Light poles must be designed in conformance with Chapter 12 of the Standard Building Code to withstand a [20 mph windload. 3. Sidewalks must be constructed through the turnouts. 4. The block wall must be constructed 2 foot off the property line for landscaping and maintenance purposes. 5. The main entrance to the building mast be accessible to the handi- capped. Please provide details. An automatic irrigation system must be installed to provide 100% coverage of all landscaped materia%s. This irrigation system must be supplied from a well. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. ADDENDUM "C-1" To: From: Re: 5. 6. 7. 8. 9. 10. TRB MEMORANDUM Jim Golden Bill Flushing Bourque/Dawsey Medical Office Building A note is required on the plan to state'what the average lighting level will be on the parking lot surface (in candle power). A stop sign location and a stop sign detail is required. All normal striping on concrete shall be a black color, the detail should show this. Handicap striping will remain blue. The driveway turn-ou~ within the right-of-way shall not contain any reinforcing steel or mesh. The paving and drainage plan and Section A-A should show the sidewalk. A sidewalk detail is also required. Radiuses for some curves are missing. The parkin~ stall in the SE corner should be omitted to if any, should is required. required. be shown or comply to code. A handicap ramp location, remove the ramp detail. A detail for the dumpster Drainage calculations are Bill Flushing cc: Tom Clark ADDENDUM "C-2" MEMORANDUM To: From: Date: Subject: Carmen Annunziato, Planning Director John A. Guidry, Director of Utilities November 2, 1988 TRB Review - Borque/Da~sey Medical Office Site Plan Building We can approve this project subject to the following conditions: We recommend that water service be obtained from the 6-inch water main on the south side of S.E.' 2?th Avenue, instead of the 3" line north of the property. 2. A reduced pressure backflow preventer will be required on the customer side of the water service. The ficus hedge in the utility easement should be deleted where the neighboring parcel has an existing hedge. Where no hedge exists, an 18-inch high hedge may be planted, provided it is not of the ficus variety. Said easement contains a 3'~ asbestos cement water main which is susceptible to damage from planting activities and tree roots. dmt bc: Peter Mazzella ADDENDUM '!C-3" MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato, Planning Director Kevin J. Hallahan, Forester/Horticulturist November 2. 1988 Bourque/Dawsey Medical office Building Se There should be a landscape legend prepared for the landscape plan showing species and quantities of plant materials. Fifty percent of the trees, and thirty percent of the shrubs should be native species. 3. The plans should show 100% coverage with an automatic irrigation system (including road R.O.W. coverage). City water cannot be used for irrigation of landscape areas. e The Ficus hedge shown on the rear of the property boundary is directly over an'old Sewer/water line system. This species should be changed to one which will not cause root damage to the system. ~egin j.v Ha~Iahan Forester/Horticulturist KJH:ad DOC:A:BOURQUE ADDENDUM "C-4" MEMORANDUM Carmen Annunziato Planning Director Don Jaeger Site Development Building Department Date: Subject: November 2, 1988 SITE PLAN APPROVAL - BRADY'S RESTAURANT ~As a condition of site plan approval, the following counnents should be incorporated in~o the ~elated documents by the applicant: 1. Department of Transportation permits are required for work done in the Federal Highway right-of-way. 2. Ail plans submitted for public record must be signed and sealed by the applicable professionals. 3. Permits for the removal of underground gas tanks must be secured from the Building Department. 4. Approval from the Palm Beach County H~alth Department is required. 5. Dumpster details must specify column locations. 6. Proposed signage must be included for Community Appearance Board and Commission approval. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. Don Jaege~ DJ:eaf cc:E.E.Howell ADDENDUM "D" To: From: Re: TRB MEMORANDUM Jim Golden Bill Flushing Brown/Mirisola Office Addition. 1. The survey is not sealed. 2. A lighting plan and lighting details are required. 3. A stop sign detail is required. 4. Turn-out radiuses are required; 5. Turn-out headers and a header detail are required. 6. A back-up area at the north end of the parking lot required (see Parking Lot Specifications: Appendix C, of 3, bottom of page). The location of the raised curbing is~not clear. Handicap parking does not have easy a6cess to building. Handicap. ramps may be required, if so detail and locatidn are required. The drainage calculations are not complete, percolation data is required. The drainage catch basin bottom should.only have a 12 inch opening which will be covered with 1/2 inch galvanized mesh with a wash rock cavity below. Bill Flushing cc: Tom Clark ADDENDUM "E-t" MEMORANDUM Subject: November 2, 1988 SITE PLAN APPROVAL - BROWN/MIKISOLA OFFICE ADDITION From: Don Jaeger Site Development Building Department As a condition of site plan approval, the following comments should be incorporated into the related documents by the applicant: 1. The operation of a contractingcompany with vehicle storage, mainte- nance ahd chemical mixing is onlypermitte~ in an M-1 Zone in the City of Boynton Beach. In commercial zones, only accessory business offices for these uses are permitted. A non-conforming use, such as a contracting operation is not permitted to exRand to a greater land area, as per Section ii.i-B.I of Appendix A-Zoning, Boynton Beach Code of Ordinances. The expansion of the office and parking facility must only be utilized for current lawful use in a C-4 Zone. 2. Buffer walls in a C-4 Zone must not exceed six (6) feet in height. 3. Show details on double striping as per city ordinances'. 4. Light pole ~ust.be designed in accordance with Chapter 12 of the Standard Building Code, to withstand a 120 mph windload. 5. Define the exact limits and type of fence to be placed on the south property line. ] The applicant's prompt compliance with the preceding comments will insure a timely permitting process. Don Ja~ [ DJ:eaf cc: E. E.:Howell ADDENDUM "E-2" I*;. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR cOUNTy, IClPALOTHER LOCA PUB , AND L LIC OFFICERS BLANCHETTE,HAROLD LAWRENCE I PLANNING and ZONING BOARD' '~IAILING ADDRESS [ 'rile BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNiT OF: C~T¥905 Mission Hill Road · Boyn~on Beach, Florida )ATE ON WHICH VOTE OCCURRED COUNTV :XCITY i } COUN'FV , OTHER.LOCAL AGENCY NAME OF POLrFICAL SUBDIVISION: City of Boynton Beach, Florida MY POSITION IS: ; ~ ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is rot use by any person sS~vidg ii'ih~ ~o~ni'y, city; or other local level of government on an appointed or elected hoard councd, commission, authority; or comrmttee. It apphes equally4o members*of advisory hi/d non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responmbdmes under the la~w when. faced wjI;h a mcasurem which you have a confl ct of nterest wi I vary greatly d~el3ending on whether you hold an elecnve or appointive position. For this re~isoa, please.pay ¢lOse~attent4on 'to the.in*t t~uotiOns on.this'form before completing the r~rge S~'de%nd'filing~-the form._~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3q43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with ~he person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ~ A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ~ inures to his special prix, ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the ~ special gain of a principal (other than a government agency) by whom he is retained.. ~ A person ho d ng an appointive~locgl office otherwise may-participate in a matter in which he has a con fl ct of interest but must t disclose the nature of the conflict:before making any attempt to influence the dec, sion ;by oral-c~r written communication, whether ~ made by the officer or at his direction. ' ' , ~ ..... ~ tF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should compl~reand file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to !he other members of the agency,: The form should be read publicb at the meeting prior lo consideration of the matter in which you have a conflict of imeresr. ~--~TDUM "F" IF YOU MAKE NO A ! i'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETINGS: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the fQrm and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, ~4~IZOL. O L, ~Ed,~g'I ~ , hereby disclose that on ~'~X/~'4~t~ ~ , 19 ~ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of ~P-.~:~,ok~ 4 The measure before my agency-and the nature of my interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 0985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. MEMORANDUM To: From: Carmen Annunzi~to Planning Director Don Jaeger Site Development 5~,~lding Department Date: Subject: November 2, 1988 SITE PLAN APPROVAL - QUANTUM PARK COMMUTER ' RAILSTATION Ama condition of site plan approval, the following comments should be incorporated into the related documents by the applicant: ~ sidewalk along, the access road conflicts with trees as shown ~m~ the landscape plan.. twenty-seven (27) foot backup aisle is required.for all parking ~Ilso ~' ~,~ M=*=ed curbing must be provided adjacent to all parking stalls ~i~ abut landscaped areas. ,~ 4. ~o handicapped parking stalls, are required. Double striping must be blue and four (4) feet wide at handicapped parking stalls. Handicapped accessibility must be provided from the parking area the platform. 6.'Railings on the handicapped wheelchair ramp must be thirty-two (32) inches in height. $~ 7. The ingress/egress agreement must be recorded with the Palm Beach County Clerk's office. Landscaping muse comply with Chapter 7.5, Article II, of the Boyn- ton Beach Code of Ordinances. ~piicant's prompt compliance with the preceding comments will insure permitting process. ~DJ: eaf cc :.E. E .Howell ADDENDUM "G-1" MEMORANDUM November 3, 1988 TO: FROM: RE: CH~_rRMAN AND MEMBERS P~_.~_NLNING-AND ZONING BOARD C~_R~N S. ANNUNZI~ATO, PLANNING DIRECTOR TP~r-COUNT~ COMMUTER RAIL STATION AT QUA/~TUM PARK, PLAN-STAFF COMMENTS Please ba advised of the Planning Department's comments with respect to the above-referenced request for site plan approval: The minimumwidth for 90 degree parking and the adjacent access aisIe is 45 feet, based upon a ~Mn~mum aisle width of 27 feet and a stall length of 18 feet (Article X, Parking Lots'). 2. Beth curbing and wheel stops are not needed. Either one-or the other may.be used. (See Appendix B of ~ ~ticle X, Parking Lots.) ~ indicate placement of directional arrows on pavement for two-way and one-way traffic flow and other traffic control marking. ~_~'~ signage program for vehicular and pedestrian ci_.~cuiation is difficult to follow superimposed on the pavin~ and drainage plan. It zs not clear how many of each sign is proposed. It appears tP~t all of the signs proposed may not be needed. CSA: ro cc Central File CARMEN S. ANNUNZIATO ADDENDUM "G-2" . ~ ~ ~ ~ ~, ~ 1070. ~....; ~ ~-~ .~-~_ ~ . 1~vt~ ~ ~d Ave, ~e. ..... . .... ~ ......... ) ,4~ ~--~ ~- _ "'~ '~ ...... ~/ ' ' . .... ' C. '~'~i~; ~; :'; · .' * ~,'~ '. ~ '*' "~¢~ ~. ;~ - . .... -~ .. ., .... ..--. -,.- ,*.,....... ..... . . .. '-.. '.~,~z~: ~- . ..... . .... . ~, - .- , . ..~,..'.-*.'-.-.,. · ~Z. Sou~h ~*~ ~-~' ~e, ' '' ' - . ' ' · I ~4' ~ ~"'~'119:99 fe't' thence; ' ~ ~k~5~~*T6f~t- ,~ =:.,:. -*.- '"'.."* ':' , .'. :' ' .:. vt ~'~~.~ ~*~;.' ~ ".;4"~ .... .~ ~.'?; ';':"'~-.' - ..... .,' · -~ ~;.~,..~ ._~-,~.. - -.~.-~: -~,.,. ?..., ~..,. ... ~-. ~ .. ..... :.- -'~ ~-;;~ * '~* ~ tn plat ~t 7, Pa¢ 19, ~,. · -n.':..-,*4 ~:' ~ .- .... ~ . . , · . ..-... .... ~, 25~'~u=~*':'~'~ ~ ~st, 1270.15 let, along pm~ of t~ aforesat~ East ~a~DD ~DUM~ a MEMORANDUM To: From: Planning Director Don Jaeger Sit~ Development. Build~rg Department Date: Subject: November 2, 1988 SITE PLAN MODIFICATION - GERULAITIS MULTI-FAMILY RESIDENTIAL PROJECT As a condition of site plan modification, the following comments should be incorporated into the ready, documents by the applicant: 1. Indicate ~t]n~ plans the propoaed type of construction in conformance with Chapter 6 of the S~d Building Code. State if the proposed structures will be fully sprinkled. ~--ae proposed square foot areas must comply with Table 400 of the Standard Building Coda_ 2. Submit d~tm~ of the trash compactor enclosure. 3. The 5uil~Lm~ are required to be accessible to the handicapped in conformance with State of _~i~rfdm Mandicapped Cod~. Submit full details indicating accessibility from the ~k~g lot to each of the buildings. 4. Fences lom~ct~ithin setbacks are limited to a six (6) foot overall height. 5. Sewer amd ~-a~zer flow rates, prepared by a registered engineer, must be submitted for the ~ool ~.~dpoo! house. 6.-The pool ~ be ciesigned by a registered engineer. 7. A propose~ sirra package must be submitted for Board and Commission approval. 8~ Approvals fzom the South Florida Water Management District agd the Lake Worth Drainage District a~-e required. ~ 9. A horizon~ control drawing must be submitted showing the exact locations of all structures mud site amenities. 10. No details were submitted for th~ pool structure at pool #2 or the numerous structures associated~th ~he tennis court area. Details and elevations'of these structures must be s~e~ for Board and Commission approval. tl. The proposa~ sb~S~em for the addressing of this property must'be submitted for Fire, Police a~_~]d_ing Department approval. The applieamt~s~-~mp~ compliance with the preceding comments will insure a timely per- mitting proc-ass. Don Jaeger DJ:eaf cc:E.E.Howelt .;ORM 8B MEMORANDUM OF VOTING CONFLICT FOR O UNTY; MUNICIPAL, AND OTHER LOCAL PUBL,o O LAST NAME--FtRST~ NAME--MIDDLE NAME NAME OF BOARD, COUN ~ COMMISSION,~AUT~RIT% OR CO~MI~EE MAILING ADDRESS THE BOARD, CODNCIL. COM~I~IO~ AUTHOrITy WHICH I SERVE IS A UNIT OF: COUNTY :~ COUNTY ~ ~ OTHER IJOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: i} ELECTIVE ~APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of governm6nt on an appointed or elected board, council, commission, authority, or committee. 1! applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Sectioa 112.3143, Florida Statutes. The requirements of this law are mandatorY; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLOI~IDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures-to ~:he special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest iD the measure on which you are abstaining from voting; and WITHIN15 DAS'S AFTER THE VOTE OCCURS by completing' and filing this form with the person responsible for recording the mlnmes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal Iother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who'will iacorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict af interest. ii. r(,.xl ~u Io.~ ADDENDUM "J" IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within I$ days after the vote occurs with ~he person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ~O~ ~'[' ~'~[~--- . hereby disclose that on ~t~._~,'7._ - ~ .19 ~?~: ~ ~ [ (a) A measure came ~ before my agency which (check one) ~ [ inured to my special private gain; or ' .- ' (b) The measure before my agency and the nature of my interest in the measure is as ~ollows: Date Filed Signuat re ~ '"'"-~" DNOTICE: L NDER PROVISIONS OF FLORIDA STATUTES §t12.317. (1985), A FAILURE TO MAKE ANY REQUIRED ISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEAcHIvlENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION~ REDUCTION IN S~5[ARV~,~REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.