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AGENDA DOCUMENTS July 7, 1998 I. OPENINGS: CT . OF BOYNTON BE.I~~y,tQ) ~ @ ~ D \fJ lli rnl' REGULAR CITY ~g::'~~SION MEET4rnif ,)UN 3 0 'SSB @ REVISED FIRST PAGE I I J PlA:~;~!NG AND 7Qt!l~ r: ,cPT. 6~::sO' . ~. A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Randall Gill - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Exoiration Date' IV Tillman Mayor Taylor III Jaskiewicz IV Tillman Mayor Taylor Bldg. Bel. Of Adj. & Appeals Code Compliance Board Community Relations Board Community Relations Board Education Advisory Board Alt Alt Reg Alt Stu 1 yr term to 4/99 1 yr term to 9/98 3 yr term to 4/00 1 yr term to 4/99 1 yr term to 4/99 TABLED 2 TABLED-3 TABLED 2 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1 Ezell Hester Community Center New Construction Grand Opening . Celebration - Saturday, August 1, 1998 at 10:00 a.m. B. Presentations: A. Presentation to Angelo Gepponi, Artist, for his art donations - (Requested by Vice Mayor Shirley Jaskiewicz) 1. Legislative Update - Senator Ron Klein 2. Presentation of Employee Service Awards 25 Years Cyril S. Deal Barry A. Taylor Equipment Operator II Refuse Collector II San itation Sanitation 1 Agenda Regular City Commission Meetin~ July 7, 1998 20 Years E. Paul Sheridan Police Sergeant Police Robert D. Ailstock . Chief Operator-Public Water Public Water Systems Operations Troy M. Davis Foreman III Sanitation 15 Years Matthew S. Playne Firefighter III Fire James C. Ness Deputy Fire Chief Fire Robert L. Anderson Firefighter III Fire David D. Liu . Battalion Chief Fire Nicholas A. Lucente Fire Lieutenant Fire Steven R. Wojciechowski Fire Lieutenant Fire WiII~m M. Gulbrandsen Battalion Chief of Train Fire Mark D. Bobich Env Coord/Util Safety Officer Sewage Collection Doris Kendall Water Plant Operator III Public Water Systems Operations James P. Cummings Police Major Police Suzanne M. Kruse City Clerk City Clerk Barry H. Ehmke Firefighter III Fire Kevin J. Hallahan Forester/Environment Parks Bonnie L. Glinski Administrative Assistant I Development 10 Years Alonzo M. Vreeland Service Writer Vehicle Service (Retired) Arthur L. Lee Human Resources Manager Human Resources Luke E. Henderson Fire Lieutenant Fire Eduard G. Herrmann, Jr. Fire Lieutenant Fire Bradley D. Thyng Firefighter II Fire Gary L. Bean~ Equipment Operator III Roads & Streets William S. Goss School Crossing Guard Police Gerard L. Nault Crime Scene Technician Police Carole C. Roberts Crew Leader Facilities Management Gloria J. Heissenberg Clerk III Recreation Toby J. Athol Police Detective Police David M. Demarest Police Officer Police John J. Peters Police Officer Police Willie J. Webb Code & License Inspector Code Enforcement 2 Agenda Regular City Commission Meeting July 7, 1998 Frank J. Briganti Police Sergeant Police Craig G. Ortman Police Officer Police Grace Ramos Library Assistant II Library Michael L. Osborn, Jr. Utility Maintenance Mechanic III Public Water Systems Maintenance Thomas S. Wallace Police Sergeant Police Sarah A. Byers Administrative Assistant I Police Maria Rodriguez Dispatcher II Communications Ralph P. Sammis LifeguardlWill Call Recreation Terry L. Daeumler Water Plant Operator III Public Water Systems Operations Betty L. Sangi Clerk III City Clerk Robert H. Lee Auto Shop Supervisor Vehicle Service Gerald Leary Communications & Data Control Utility Administration Specialist Steven Schoenfeld Police Officer Police Philip G. Gillig Chief Electrician Utility Pumping Stations IV. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Meeting of June 16, 1998 B. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget 1. Motion to approve a one-year extension for the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" to Technical Products Corp., with an estimated annual expenditure of $40,000 2. Motion to approve a one-year extension for the "ANNUAL SUPPLY OF SULFURIC ACID" to Apperson Chemicals, with an estimated annual expenditure of $144,408 . 3. Motion to purchase two 80K Portable Generators utilizing the same terms and conditions of a 1997 bid awarded to O-K Generators in the amount of $59,800. 3 Agenda Regular City Commission Meetil.':j July 7, 1998 4. Motion to approve a one year extension for the renewal of the Water Meter Contract - Remote Touchread System to Sensus Technologies, Inc. with an C:!stimated annual expenditure of $273,000. 5. Motion to award 3 year contract for ball retrieval/Nine Lakes at the Municipal Golf Course to Nitro/Second Chance for annual receipt of $13,000 (Proposed Resolution No. R98. ) 6. Motion for multi-award, as per staff recommendation, for annual supply of brass fittings and accessories with an annual estimated expenditure of $150,000. C. Resolutions: 1. Proposed Resolution No. R98-111 Re: To authorize and direct staff to apply for Phase 5, Palm Beach County Roadway Beautification SO/50 matching grant for 8 roadway medians on South Congress Avenue. between Golf Road and Ocean Drive. 2. Proposed Resolution No. R98-112 Re: Approving a Financial Assistance Agreement for Landscaping along Congress Avenue from SW 30th Avenue north to Golf Road (SW 23m Avenue) . 3. Proposed Resolution No. R98-113 Re: Approving the release of remaining surety for Quail Run Villas Phase II and III 4. Proposed Resolution No. R98-114 Re: Safety in Schools 5. Proposed Resolution No. R98-115 Re: Approving job description for Automated Sanitation Truck Driver 6. Proposed Resolution No. R98-116 Re: Approving letter of credit No. 12266 from M&T Bank in the amount of $53,363.20 as surety for installation of the water and sewer systems to serve Guardian Storage 7. Proposed Pesolution No. R98-117 Re: Accepting letter of credit No. 77461 from 1st United Bank as surety for water and sewer improvements to serve the proposed Boynton Shop pes 8. Proposed Resolution No. R98-118 Re: Approving water service agreement for Military/Cocoanut, Inc. to serve a proposed gas station and convenience store located at Coconut Lane & Military Trail 9. Proposed Resolution No. R98-119 Re: Entering into a federal equitable sharing agreement with the Federal Government of the United States, the Department of the Treasury and the Department of Justice. 4 Agenda Regular City Commission Meeting July 7, 1998 10. Proposed Resolution No. R98-121 Re: Authorizing execution of restoration agreement between the city and Palm Beach County for Project No. 95511 (Lawrence Road). 11. Proposed Resolution No. R98-122 Re: Approving return of cash sureties check on deposit for N. Federal Highway west ROW landscape 1997 project in the full amount of $36,581.60. D. Ratification of Planning & Development Board Action: 1. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the LDRs. Chapter 2 - Zoning, Section 4.L - Buffer Walls. to allow a 6' high chain linked fence along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (TABLED TO 7/21/98) 2. Self-Storage facilities (William Morris/Kilday & Associates, Inc.) - Request to amend the Land Development Regulations, Chapter 1 and Chapter 2, to expand the definition for self-storage facilities to differentiate between limited access self- storage facilities and multi-access, self-storage facilities; to add limited access self-storage facilities to the list of permitted uses within the C-1, Office/Professional zoning district, and to change the design requirements, locational criteria and other development standards for self-storage facilities. (TABLED TO 7"/98) 3. Shoppes of Woolbright PCD - Favorite Food Court (Bradley D. Miller, AICP) Request for modification to master plan for the Shoppes of Woolbright PCD through adjustment of square feet from planned retail use to the remaining restaurant outparcel in connection with processing of the Favorite Food Court use application to construct a 4,000 square foot (restaurant) with a drive-thru 4. Quantum Corporate Park - (Roscoe Biby, P.E.) - Request to amend the list of approved uses for the Quantum Park PID master plan to allow studio suites on lots designated "Hotel". E. Approval of Bills F. Authorize release of $10,000 budgeted for fiscal year 1997/98 for subsidized child care programs . G. Motion to approve application for matching grant funds for repairs to Cafe Barista In accordance with Downtown Fac;ade Program Guidelines ($5,000) H. Approval of expenditure of Law Enforcement Trust Funds in the amount of $10,000: $2,500 to Boy Scouts of America (Gulfstream Council), $4,000 to Lake Worth High School Law Enforcement Magnet Program, and $3,500 to the Boynton Beach Police Athletic League (PAL) I. Approval of requisition in the amount of $11,600 to extend cart and lifter rentals for pilot cart program. 5 Agenda Regular aty Commission Meeti'lg July 7, 1998 V. CITY MANAGER'S REPORT: A. Neighborhood Partnership Application with Sterling Village B. Special Events Permit for DeLuca's ShowTime VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS Will BE LIMITED TO 3.MINUTE PRESENTATIONS VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Location: Description: Boynton Beach Mall Thomas A. Marsicano, Vice President URS Grenier, Inc. Boynton Beach Mall Request to amend the Development Order of the Boynton Beach. Mall Development of Regional Impact (DRI), amending Ordinance 96-26, to extend the build-out date to December 31,2000. PROPOSED RESOLUTION NO. R98. Re: Amending the Development Order to change the bulld-out date to December 31, 2000 B. Project Agent: Location: Description: VIII. BIDS: Favorite Food Court Bradley D. Miller, AIC? Miller Land Planning Consultants, Inc. East side of SW 8th Street, north of Woolbright Road Request for conditional use approval to construct a 4,000 square foot restaurant with a drive-thru within the Shoppes of Woolbright pce A. Motion to deny the bid protest of Communications International, Inc. IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 6 Agenda Regular City Commission Meeting July 7, 1998 1. Proposed Ordinance No. 098-19 Re: Regarding the application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast corner of the Gulfstream Mall); annexing a certain unincorporated tract of land that is contiguous to the City limits within Palm Beach County and that will, upon annexation, constitute a reasonably compact addition to the City territory, pursuant to a petition by the owner of said tract of land, requesting annexation pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida, and sections 171.044, and 171.062(2), Florida Statutes; providing the proper land use designation and proper zoning of the property shall be reflected in separate Ordinances to be passed simultaneously herewith and providing that this Ordinance shall be filed with the Clerk of,the Circuit Court of Palm Beach County. Florida 2. Proposed Ordinance No. 098-20 Re: Regarding 3025 North Federal Highway (Barrera Property) Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Commercial High Intensity (County) to Local Retail Commercial (City) 3. Proposed Ordinance No. 098-21 Re: The application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast comer of the Gulfstream Mall) amending Ordinance 91-70 of said City by rezoning a certain tract of land more particularly described herein from CG (General Commercial in Palm Beach County) to C-3 (Community Commercial) B. Ordinances - 1 st Reading 1. Proposed Ordinance No. 098-22 Re: Amending Chapter 6, "Cemeteries" of the Code of Ordinances by amending Section 6-3 to abolish the Board of Trustees of the Municipal Cemetery and establishing a cemetery fund, and amending Section 6-5 to remove all reference to that Board of Trustees and the trust. . 2. Proposed Ordinance No. 098-23 Re: Rezoning and master plan approval of property located on the northeast comer of Woolbright Road and Knuth Road and amending Ordinance Q1-70 by rezoning The Hamptons at Boynton Beach PUD 3. Proposed Ordinance No. 098-24 Re: Amending Ordinance 89-38 to amend the Future Land Use Element of the Comprehensive Plan to change the land use designation of 14.18 acres of land owned by The First Baptist Church of Boynton Beach from Moderate Density Residential to Local Retail Commercial Development (PCD) 4. Proposed Ordinance No. 098-25 Re: Amending Ordinance 91-70 to rezone approximately 14.18 acres of land owned by The First Baptist Church of Boynton Beach from Planned Unit Development (PUD) to Planned Commercial Development (PCD) 7 Agenda Regular City Commission Meetinl:J July 7, 1998 5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 of the Future Land Use Element of the Comprehensive Plan to change the land use designation from Moderate Density Residential to Hrgh Density Residential on 66.16 acres of land known as Woolbright Place PUD 6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel of land located north of Miner Road between Lawrence Road and Congress Avenue owned by Roland E. and Ceila M. Foster 7. Proposed Ordinance No. 098-29 Re: Amending Ordinance 91-70 by rezoning property owned by Roland E. Foster and Ceila M. Foster from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development (PUD) 8. Proposed Ordinance No. 098-28 Re: Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan to change the land use designation of 23.4 acres of land owned by Roland E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to Low Density Residential C. Resolutions: None D. Other: 1. Consideration of waiving the confidentiality of the appraisals the City has obtained on the two parcels of land associated with the Pond "B" project 2. Alhambra Square South - Proposed amendment to an agreement to' clarify the number of units permissible XII. UNFINISHED BUSINESS: A. Commission Action of Code Compliance Board Matters: 1. Approval of Code Compliance Board's decision to reduce the lien imposed in Case #97-2452 from $1,325 to $250. XIII. OTHER: XIV. ADJOURNMENT: 8 Agenda Regular City Commission Meeting July 7, 1998 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND. FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN OROER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. \\CH\MAIN\SHROATA\CC\WP\CCAGENOA\0707.oOC 6130/9810:25/lM 9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates o April 7, 1998 o April 21, 1998 o May 5, 1998 o May 19, 1998 Date Final Fonn Must be Turned in to City Clerk's Office March 20, 1998 (noon) Requested City Commission Meeting Dates o June 2, 1998 o June 16, 1998 [8] July 7, 1998 o July 21,1998 Date Final Fonn Must be Turned in to City Clerk's Office May 22, 1998 (noon) April 10, 1998 (noon) June 5, 1998 (noon) April 24, 1998 (noon) June 26, 1998 (noon) May 8, 1998 (noon) July 10, 1998 (noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda [8] Public Hearing o Bids o Announcement o Development Plans o New Business [8] Legal o Unfmished Business o Presentation RECOMMENDATION: Please place the request below on the July?, 1998 City Commission meeting agenda under Public Hearing to amend the Development Order of the Boynton Beach Mall Development of Regional Impact (DR!) to extend the build out date to December 31, 2000. The Planning and Development Board, with a 7-0 vote, recommended approval subject to all staff comments. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 98-189. Please also place the attached resolution pertaining to the request below on the July 7, 1997 City Commission meeting agenda under Legal, Resolutions. Staff recommends that the attached resolution be approved. EXPLANATION: PROJECT: Boynton Beach Mall AGENT: Thomas A. Marsicano, Vice President URS Grenier, Inc. LOCATION: Boynton Beach Mall DESCRIPTION: Request to amend the Development Order of the Boynton Beach Mall Development of Regional Impact (DR!) amending Resolution No. 96-26 to change the build-out date to December 31, 2000. PROGRAMIMWACT:N~ FISCAL IMWACT: N/A ALTERNATIVES: N/A ~JcIf~ Department Head's Signature Development Department Name City Manager's Signature ~_'L ~ Acting Director ofP ing and Zoning City Attorney / Finance / Human Resources IICH\MAIN\SHRDA T AIPLANNINGISHAREDIWPlPROJECTSIBBMALLIAGENDA ITEM REQUEST 7.7-98.DOC DEVELOPMENT DEPARTMENT - MEMORANDUM NO. PZ 98-189 TO: Chairman and Members Planning and Development Board /L. c..." ;u2- Michael W. Rumpf Acting Director of Planning & Zoning FROM: DATE: June 18, 1998 SUBJECT: Boynton Beach Mall - File No. DRIA 98-001 DRI amendment to change build-out date to December 31, 2000 NA TURE OF REQUEST Thomas Marsicano, Vice President of URS Greiner, agent for Simon DeBartolo Group, Inc., property owner, has submitted a notice of proposed change (NOPC) to the previously approved development order for the Boynton Beach Mall. The development order, approved in Palm Beach County by resolution R-74- 343 on May 7, 1974, was amended on March 5, 1991 pursuant to resolution R91-37, and last amended on February 20, 1996 by resolution R96-26. The proposed amendment to the DRI is simply to extend the build-out date for the project to December 31, 2000. The Boynton Beach Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old Boynton Road (see Exhibit "An - Location Map, which also indicates adjacent zoning districts). The majority of the mall property is zoned C-3, Community Commercial; however the northwest portion is zoned Recreation with an overlay reqUiring preservation. BACKGROUND This amendment request is governed by Chapter 380.06(19), Florida Statutes, for a determination of substantial deviation. A. public hearing must be conducted by the City Commission to determine whether further development of regional impact review is required. If no further review is required, the City commission shall issue an amended development order which, in this instance, requires passage of a resolution to amend the previously approved development order. If a determination is made that the proposed change requires further development of regional impact review, the review shall be conducted only on those aspects of the development order required to be changed. The required public hearing shall receive a fifteen day public notice. This has been advertised in the Palm Beach Post for a public hearing to be conducted on July 7, 1998 before the City Commission. In addition, the public notice has been faxed to the Treasure Coast Regional Planning Council, who has a contract with the Department of Community Affairs to review such requests in this area. ANALYSIS This application is being submitted pursuant to the development schedule anticipated to complete the new department store at the Boynton Beach Mall. In conjunction with the buildout date extension, the applicant updated the project traffic analysis. This report was determined by the Palm Beach County Traffic Division to meet the County's Traffic Performance Standards Ordinance. The proposed change to the development order will primarily include that which is shown below to Condition #13 (deleted text shown crossed-out, and text to be added is shown in bold and underlined type). I Page 2 Memorandum No. PZ 98-189 UNo additional building permits shall be issued tws j<8aFS a#e,r tRe e#eet.;ve Elate sf IRis Rese.'J:ItieR after December 31. 2000 unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates that the regional road network can accommodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond two years after the effective date of this Resolution and still be maintained at Level of SeNice C during annual average daily traffic and Level of SeNice D during the peak season, peak hour conditions. The traffic study shall:n RECOMMENDATION Consistent with the recommendation from the Treasure Coast Regional Planning Council (Exhibit "B"), staff also recommends that this proposed amendment to the previously approved Development of Regional Impact be determined to be considered a non-substantial change, and be approved contingent upon the amendment to condition #13 of Resolution #26 of the Development Order written as shown in Exhibit "C" and indicated below: UNo additional building permits shall be issued after December 31, 2000, unless a traffic study has been conducted and submitted and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic study methodology should be submitted to Treasure Coast Regional Planning Council, Florida Department of Transportation, Palm Beach County and (he City for review and approval prior to the traffic study being conducted by the applicant to ensure that proper standards are being applied. n Unlike the text proposed by the applicant, this version will ensure that subsequent amendments are also required to follow the proper procedures for amending a DRI as established in Florida Statutes, and will ensure that traffic level of service standards continue to meet standards adopted by the city as well as by other agencies. Finally, it should be noted that comments on this request from the Florida Department of Community Affairs (DCA) had not been received by the time this report was completed. MR Enclosures S:\Planning\SHARED\WP\PROJECTS\BBMall\DRIA\98-001 Report.doc ~ EXHIBIT "A" 3 - - LOCATION MAP dOYN10N BEACH tv.. ~L.L -0,-= Q, ::a:: ~ ,l~G \ ~~. iyrr./ '\1 _~15 '~~I..JL ... a~Ji\ _ .. '-. dJ\ 'I ~ ~- --- "', : :.~-I---- .Ll~:_:::::6~l' I. . . 'B~tH, . ~.~ : '\ :1 \ LHt1l ... I~\' ~;~l, C "T'\ j/X\- \\ ~: I~~~~ ~L~ 3 : \_\~,e:TI::_u,t~ ,.... ...... ,/ ,~. I I ., "'\\' .'. \..:.J ',; ,Ill ~ _ r: ,; ,h, , \ ,- ~ r!!.l';i , .: / I i1r', - : '. ",- . : CYI an.;' -:=:[ , =a- U)... - ~-r_' K U) I - ... W :: == ~ _ rr U~ II W . ---- .....-1 ~ . It. ~: = - -r- ....~- '.\J · ~.. ~ :C f:: / /-\~--= - . - ,,/. ':,"':~ / /~- e,OYNr7J~ Cfiil:-H_' -c~ili>"" ..-.. _..u.. -... _. - - - -~: .- - i I I :1-1 ,.:.:.:.~;;.;.~'''' SITE \ \L I I I~ ':':'~:r~rll r~!" :.::/ :'i:J::r;..:c.'::':':'-:' : \~ ~~I R'~' ,,["00 . I:..J :' \ 'y ... E : ~ ir";\ II" \:1 , . ~ '. '\A ~..: ._.=.LiU:l~j".;;:.:.::. ~ I . . \~~:: l:'frfl"irn iii/:' R1AA' ".\.U ,It I ..+ '~l!: .' ....... II),..J' : :;:"I:r-- rl:..... G : ' [j I .J.J1'H~i ~ ~ ;, :'\ r\+ I~ "'th:m:~. lj~~:;":.:{{,\"..-.:.,:;:.,~ ~ \ i . :1; I.' . ; '-'"1'1 111'\ :\f?; ~ ,. ..I. I r' ..'....., tl _ . Iii. II I. .~.;.;}?,.;): 1..1 ,:- -,.: ;i\111I ~:~.;.;;:' ,......,I~= " r ;;:8]: "'-.'f> II",,,..,,,,.} _ ""'.... ':;::: '- I ; t ' R:3 I .J 1 ' u I': i. - 1 3-' p _ ] -- l5 AG = I PC9'" ~ LJD.:tlt -. , ~, 'C" . I. S " ! 'II ' ., J \~ . I I I ~ ) -- . '. I U;,;I' ....:.-... i.-. ,.'., 1- :. ~.- ~~~ 'i, .. ~~".~ : :. ':.,' '. .' T ,..1 'Ir- ~ - r--t I ---6" l.. . 1:""':1, - I. , .' . . .' ~~. ~:ifL:' ~ ~. !;...S -.l.~l' I" I " Ifj., I ~~ : '~.'.o ;~CD > ~rAC.J!' _ ~~~:~r' .J-. ..... --"!." L.:. l~. I[ .:'1. [,",Po - > - --- I" p '\'~~.f.r,I\I'':'' 1j. 't'!' .:~" . !~~~.: ~. ." ! C H'II U . . '-1::: ~ . . '.' - . ., bS.J..-." - ~: . ::J:J .- . R.~, (iit.,.:....Q'..... I.,' '. ',' II ~ '.. "I: pC 0 ... ..:.....l= ' -; ~c . nr -~ y~ . _ .~ bN~.f\ ~'/f \ I ~ '0 4008~O FEET.-~r. "::j Mr. Michael Rumpf, Acting Director June 15, 1998 Page 2. Please call if you have any questions. SincerelY1 ~ ~T.snYder DRl Coordinator cc: Nelia Coyle, TCRPC Chairman Roger Wilburn, FDCA Thomas A. Marsicano, Applicant 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office 0 April 7, 1998 March 20, 1998 (noon) IZI June 2,1998 May 22, 1998 (noon) 0 April 21, 1998 April 10, 1998 (noon) D June 16, 1998 June 19, 1998 (noon) 0 May 5, 1998 April 24, 1998 (noon) D July 7, 1998 June 26, 1998 (noon) 0 May 19, 1998 May 8, 1998 (noon) D July 21,1998 July 10, 1998 (noon) RECOMMENDATION: Resolution 98- updating the build-out date of the Boynton Beach Mall to December 31, 2000. EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~(ffJ~~ Department Head's Signature City Manager's Signature Department of Development Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC foP!\ CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGEN ....1998 :30 P.M. May 19, 1998 I. OPENINGS: DrPAMMENT OF DEVElOPMENT A. Call to Order - Mayor Jerry Taylor B. Invocation offered by Rabbi Max Roth, Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: t 1. Additions, Deletions, Correctioqs- ~ ~ "'-' -~ '. i ~ II. 2. Adoption .: ADMINISTRAT~VE:i L A. Appoin~ents to.~Jl.macre': :~ ",' Appointment Length of Term To Be Made Board Exoiration Date I TItcomb Bldg. Bel. Of Adj. & Appeals Alt 1 yr term to 4/99 TABLED-2 II Denahan Bldg. Bel. Of Adj. & Appeals Reg 3 yr term to 4/01 Mayor Taylor Cemetery Board A1t 1 yr term to 4/99 IV 'Tillman Code Compliance Board Alt 1 yr term to 9/98 TABLED-2 II Denahan Community Relations Board Alt 1 yr term to 4/99 TABLED-2 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/00 III Jaskiewicz Education Advisory Board Alt 1 yr term to 4/99 IV 'Tillman Education Advisory Board Stu 1 yr term to 4/99 I 'Titcomb Employees' Pension Board Reg 3 yr term to 4/01 Mayor Taylor Library Board Reg 3 yr term to 4/01 n Denahan Nuisance Abatement Board Alt 1 yr term to 4/99 TABLED-2 III Jaskiewicz Nuisance Abatement Board Alt 1 yr term to 4/99 ~ Meeting Agenda ~ Regular City Commission May 19. 1998 ...., A. TATIONS: III. ion - June 3, 1998 - United Way Building in Quantum l~; ,.pl ~),!;!V"'O ~O -'I'~~4TJtA'1lO '<I..,_....~- B. Presentations: 1. Proclamatiof,'ls: ; .~/ cf "Th~,.l BOyn~lerans' Council Memorial Day Celebration" - \. Suq ; M'ay 24, 1998 at 2:00 p.m., Boynton Beach Memorial r.P'" P' a r b. "National Public Works Week" - May 17-23, 1998 - Accepted by Larry Roberts, Public Works Director 2. Introduction of Plumosa Elementary School - Myra Jones 3. Presentation to Archie Underwood for his participation in the "Running Start Program" at Plumosa Elementary School - Myra Jones & PT A President Mark Scott IV. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Workshop Meeting of April 23, 1998 2. City Commission Regular Meeting of May 5, 1998 B. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget 1. Purchasing Division has received a request from Utilities Department to piggyback PALM BEACH COUNTY, BID #98-064NMG, with Lawn Care Company, Inc. to FURNISH AND INSTALL SOD. This contract is effective June 12, 1998 through June 11, 1999. 2 Meeting Agenda Regular City Commission May 19, 1998 2. Purchasing Division has received a request from Utilities Department to piggyback the CITY OF DELRAY BEACH, BID #95-47, with AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS for WELL REHABILITATION SERVICES. The extension to this bid is currently effective until 10/10/98. 3. "ANNUAL SUPPLY OF MANHOLE ADJUSTING RINGS" - BID #047- 401-98/SP - The Tabulation Committee recommends an award be made to ROBL YN MANUFACTURING, of Ash Grove, Missouri, in the amount of $8,620 (ITEM #1- $70. X 10= $700; ITEM #2 - $10 X 60= $4,200; ITEM #3 - $75 X 20= $1,500; ITEM #4 -: $78'~ 10= $780; ITEM #5 - $90 X 10= $900; ITEM~6 - $90 X 6=-$.540'=$8,62~1 .,~. J i ' ._., "TWO-'{~ CONTfY.CT FOR:,THE Pt:1RCHASE OF UNIFORMS" - BID #Q46-502-9$CJD - 'iJ1e Taburaffen"Committee recommends an award be split betweep two cq,lXlpanies:Harrison Uniforms, Boynton Beach, Florida a{ld Mart4'~hif6rm, Tampa, Florida. These uniforms are for Police, Fir~a.:.io" aha general workers. Annual estimated expenditure: $92,000.Contract Period: May 19, 1998 to May 18, 2000 4. C. Resolutions: 1. Proposed Resolution No. R98- Re: Authorizing the Finance Director to execute a purchasing card application/agreement with NationsBank, N.A. for the procurement credit card program pursuant to State of Florida Contract No. 973-120-97-1 2. Proposed Resolution No. R98- Re: Authorizing and directing the Mayor and City Clerk to execute an interlocal agreement between the Town of Gulfstream and the City of Boynton Beach providing that the City would provide water to the Town on an as-needed basis should water service to the Town fail 3. Proposed Resolution No. R98- Re: Confirming the appointment of Nancy E. Byrne as Assistant to the Director of Development of the City of Boynton Beach, and authorizing the City Manager to execute an appointment contract on behalf of the City 4. Proposed Resolution No. R98- Re: Approve and execute an Interlocal agreement providing for Fire/Rescue Services in the Village of Golf 5. Proposed Resolution No. R98- Re: Approve and execute an 'nterlocal agreement providing for Fire/Rescue Services in the Town of Hypoluxo 6. Proposed Resolution No. R98- Re: Approve and execute an Interlocal agreement with Palm Beach County for the lease, use and operation of four Transit Coaches 3 Meeting Agenda Regular City Commission ~ May 19. 1998 -- 7. Proposed Resolution No. R98- Re: Approve and execute an Interlocal agreement with the Board of County Commissioners as partners in the development of local mitigation strategy 8. Proposed Resolution No. R98- Re: Authorizing and directing the Mayor and City Clerk to execute the following contracts between the City of Boynton Beach and BellSouth: A five-year contract with BellSouth Communications for Pinpoint 911 Service; a contract with BellSouth Communications for new telephone central office services (network facilities); approving the purchase of NEC NEAX240o. PBX from BellSouth Communications ,i j ;/:1" 9. Proposed R~Solutiond"~o. R98- 1'"' R~j,. Autho~zrng the execution of the C,l,Istom!r InformClfion Syst~pvrct:las'e option for software, training, support an~ conversIQn servi~ the contract previously approve on ~esolution ,'R97-15Z>with H.T.E., Inc. of Lake Mary, Florida and authorizingjhe Mayor to sign a contract addendum for said purchase as w~;~ayment in the amount of $114,055 10. Proposed Resolution No. R98- Re: Authorizing the execution of the Phase 2 and Phase 3 options for software, training, support and conversion services on the contract previously approved on Resolution R97-152 with H.T.E., Inc. of Lake Mary, Florida and authorization for payment of the contract amount of $186,216 11. Proposed Resolution No. R98- Re: Approving the reclassification of Recreation Division Clerk III to Administrative Assistant I. D. Ratification of Planning & Development Board Action: 1. 658 Manor Drive (Barbara Bradshaw) - Variance from LDRs Chapter 2 - Zoning, Section 5.G.2 to allow a reduction of the minimum side yard requirement from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7', respectively 2. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 - Zoning, Section 5.G.2.a to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 souare feet for Unit #5; 568 square feet for Unit #9, and 499 square feet for unit #10 3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fenced along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. 4. Packaging Concepts (Thomas J. Willi) - 4925 Park Ridge Boulevard (Packaging Concepts at Quantum Park PI D) - Variance from the LDRs, Chapter 2 - Zoning, Section 7 - Planned Industrial Development, H.16, to reduce the required rear setback from 30' to 13' to allow installation of an aluminum pan roof over existing ground-mounted mechanical equipment. 4 Meeting Agenda Regular City Commission May 19. 1998 5. Benvenuto's Restaurant (Jean-Phillippe Gaudree) 1730 North Federal Highway - Variance from the LDRs, Chapter 23 - Article II, Section 1.1. to allow the existing parking area with 24' wide access aisles and 24' back- up area to be exempt from the current standard of 27' in connection with an addition to the existing restaurant. The existing parking area to be covered by the variance will be used exclusively for valet parking. 6. Caretenders at Newport Place (Robert Kuoppalal.- 4745 NW th Court, Lantana, Florida 33462 - Modification to the master plan for Newport Place PUD t,o replace medical offlee LIse; with an "dult day car~ center to consist of a-:fnaximum of 'it) gueSts anq;~ 2 staff Wjthin the existing 6,300 ',. ,....~: - ,- square foot~uilding.,,~/ " ~~7' ,,' 7. Whitfield Jnt~riors - c$antum P~~'ID (Nicole Swift, Butters Construction WId Dev~9P~ent~",fmmediately west of 1-95, north and south of Gateway ~evara - Use approval to add manufacturing, fabrication and as~bry of furniture to the Quantum Park PID list of permitted uses for all 'parcels with an industrial master plan designation. 8. Robert A. La Lane II, DMD (Michael Corbett) - 2521 South Federal Highway - Site plan approval to construct a 3,648 square foot dental office with associated landscaping and parking. E. Approval of Bills F. Authorization to negotiate an Interlocal Agreement providing for Fire Rescue Services in the Village of Golf G. Staff recommends the approval of Housing Rehabilitation Case No. 297002lNathaniel and Joetta Morgan in the amount of $26,092.50. This amount includes the leveraging of State of Florida Housing Initiative Program funding of $10,000 and City Home Improvementfunding of $16,092.50 H. Authorize the Public Works Department to implement a citywide rollout garbage cart program, and to automate garbage collection services. /. Motion to allow the Public Works Department to purchase a Heil Starr Automated Garbage Collection Truck as a sole-source item. V. CITY MANAGER'S REPORT: VI. PUBLIC AUDIENCE: _ INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3.MINUTE PRESENTATIONS 5 Meeting Agenda ~ Regular City Commission May 19,1998 -- VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. BIDS: None IX. DEVELOPMENT PLANS: None .'1 None ',~ 1 ~P' X. NEW BUSINESS: i .,'f XI. LEGAL: 'l ;~' A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 098-15 Re: Amending Chapter 18, Division 4. Retirement and Retirement Benefits, Section 18-111, Normal Retirement, by creating a new subsection (4) entitled "Elective Benefits" 2. Proposed Ordinance No. 098-16 Re: Amending the General Employees' Pension Plan to include disability retirement B. Ordinances - 1 st Reading None C. Resolutions: None D. Other: None XII. UNFINISHED BUSINESS: A. Commission action of Code Compliance Board matters: 1. The Code Compliance Board, at their April 15, 1998 meeting, voted to reduce the lien imposed in Case #96-4536, from $9,775 to $826.18. The motion carried 6-1, with Chairman DeLiso dissenting. XIII. 'OTHER: 6 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday June 23, 1998 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements. A. Planning and Zoning Report 1) Final disposition of the June 9, 1998 Planning and Development Board meeting agenda items. 6. Old Business None 7. New Business: A. PUBLIC HEARING DRIA 1. PROJECT: Boynton Beach Mall AGENT: Thomas A. Marsicano, Vice President URS Grenier, Inc. LOCATION: Boynton Beach Mall DESCRIPTION: Request to amend the Development Order of the Boynton Beach Mall Development of Regional Impact (DRI), amending ordinance 96-26, to extend the build out date to December 31, 2000. Page 2 Planning and Develo, It Board Meeting Agenda, June 23, 1998 Code Review 2. PROJECT: AGENT: LOCATION: DESCRIPTION: 3. PROJECT: AGENT: DESCRIPTION: Conditional Use 4. PROJECT: AGENT: LOCATION: DESCRIPTION: B. SUBDIVISION Master Plan Modification 1. PROJECT: AGENT: Self Storage facilities (tabled at 6/9/98 meeting) William Morris Kilday and Associates, Inc. NIA Request to amend the Land Development Regulations, Chapter 1 and Chapter 2, to expand the definition for self- storage facilities to differentiate between limited access self- storage facilities and multi-access, self-storage facilities; to add limited access self-storage facilities to the list of permitted uses within the C-1, OfficelProfessional zoning district, and to change the design requirements, locational criteria and other development standards for self-storage facilities. Day Care Uses Accessory to Churches Bishop Sylvester Banks Bible Church of God Request to amend the Land Development Regulations, Chapter 2, Zoning, to allow day care as an ancillary function to a church located in R-1-AA zoning districts. Favorite Food Court Bradley D. Miller, AICP Miller Land Planning Consultants, Inc East side of S.W. 8th Street, north of Woolbright Road. Request for conditional use approval to construct a 4,000 square foot restaurant with a drive thru within the Shoppes of Woolbright PCD. Shoppes of Woolbright PCD - Favorite Food Court Bradley D. Miller, AICP Miller Land Planning Consultants, Inc Page 3 Planning and Develo~ It Board Meeting Agenda, June 23, 1998 LOCATION: DESCRIPTION: C. USE APPROVAL 1. PROJECT: AGENT: LOCATION: DESCRIPTION: D. SITE PLANS New Site Plan 1. PROJECT: AGENT: LOCATION: DESCRIPTION: 8. Other East side of S.W. 8th Street, north of Woolbright Road. Request for modification to the master plan for the Shoppes of Woolbright PCD through adjustment of square feet from planned retail use to the remaining restaur:mt outparcl in connection with processing of the Favorite Food Court use application to construct a 4,000 square foot (restaurants) with a drive thru. Quantum Corporate Park Roscoe Biby, P.E. Kimley-Horn and Associates Quantum Corporate Park PID Request to amend the list of approved used for the Quantum Park PID master plan to allow studio suites on lots designated "Hotel". Auto Zone Scott A. Nickle Bussen-Mayer Engineering Group, Inc. Southeast comer of U.S. #1 and Shore Drive Request for site plan approval to construct a 7,234 square foot retail building on 1.75 acres for the sale of auto parts. Discussion: A) Change Planning and Development Board meeting from July 28th to July 29th due to budget sessions. Mobile Tech Improvement. B) 9. Comments by members 10. Adjournment ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY NOTICE Page 4 Planning and Develop ,It Board Meeting Agenda. June 23, 1998 MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F,S.286.0105) ALL ITEMS WHICH ARE NOT PUBLIC HEARING, WILL GO FORTH TO THE CITY COMMISSION AS CONSENT AGENDA ITEMS. THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central File J:ISHRDA T AIPLANNINGISHAREOIWP\AGENDASIP&D\06.23.98, DOC Ibme 7.A.1 BOYNTON BEACH MALL DRIA (DEVELOPMENT OF REGIONAL IMPACT ANALYSIS) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-189 TO: FROM: Chairman and Members Planning and Development Board /L,~.~ Michael W. Rumpf Acting Director of Planning & Zoning DATE: June 18, 1998 SUBJECT: Boynton Beach Mall - File No. DRIA 98-001 DRI amendment to change build-out date to December 31, 2000 NATURE OF REQUEST Thomas Marsicano, Vice President of URS Greiner, agent for Simon DeBartolo Group, Inc., property owner, has submitted a notice of proposed change (NO PC) to the previously approved development order for the Boynton Beach Mall. The development order, approved in Palm Beach County by resolution R-74- 343 on May 7, 1974, was amended on March 5, 1991 pursuant to resolution R91-37, and last amended on February 20, 1996 by resolution R96-26. The proposed amendment to the DRI is simply to extend the build-out date for the project to December 31, 2000. The Boynton Beach Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old Boynton Road (see Exhibit "A" - Location Map, which also indicates adjacent zoning districts). The majority of the mall property is zoned C-3, Community Commercial; however the northwest portion is zoned Recreation with an overlay requiring preservation. BACKGROUND This amendment request is governed by Chapter 380.06(19), Florida Statutes, for a determination of substantial deviation. A public hearing must be conducted by the City Commission to determine whether further development of regional impact review is required. If no further review is required, the City commission shall issue an amended development order which, in this instance, requires passage of a resolution to amend the previously approved development order. If a determination is made that the proposed change requires further development of regional impact review, the review shall be conducted only on those aspects of the development order required to be changed. The required public hearing shall receive a fifteen day public notice. This has been advertised in the Palm Beach Post for a public hearing to be conducted on July 7, 1998 before the City Commission. In addition, the public notice has been faxed to the Treasure Coast Regional Planning Council, who has a contract with the Department of Community Affairs to review such requests in this area. ANAL YSIS This application is being submitted pursuant to the development schedule anticipated to complete the new department store at the Boynton Beach Mall. In conjunction with the buildout date extension, the applicant updated the project traffic analysis. This report was determined by the Palm Beach County Traffic Division to meet the County's Traffic Performance Standards Ordinance. The proposed change to the development order will primarily include that which is shown below to Condition #13 (deleted text shown crossed-out, and text to be added is shown in bold and underlined type). I Page 2 Memorandum No. PZ 98-189 "No additional building permits shall be issued two j'O{1FS {lite." the effef)ti~'e date 0f this Reso.l.utfoFl after December 31, 2000 unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates that the regional road network can accommodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond two years after the effective date of this Resolution and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall:" RECOMMENDATION Consistent with the recommendation from the Treasure Coast Regional Planning Council (Exhibit "B"), staff also recommends that this proposed amendment to the previously approved Development of Regional Impact be determined to be considered a non-substantial change, and be approved contingent upon the amendment to condition #13 of Resolution #26 of the Development Order written as shown in Exhibit "C" and indicated below: "No additional building permits shall be issued after December 31, 2000, unless a traffic study has been conducted and submitted and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic study methodology should be submitted to Treasure Coast Regional Planning Council, Florida Department of Transportation, Palm Beach County and (he City for review and approval prior to the traffic study being conducted by the applicant to ensure that proper standards are being applied. " Unlike the text proposed by the applicant, this version will ensure that subsequent amendments are also required to follow the proper procedures for amending a DRI as established in Florida Statutes, and will ensure that traffic level of service standards continue to meet standards adopted by the city as well as by other agencies. Finally, it should be noted that comments on this request from the Florida Department of Community Affairs (DCA) had not been received by the time this report was completed. MR Enclosures S:\Planning\SHARED\WP\PROJECTS\BBMall\DRIA \98-001 Report.doc ~ EXHIBIT "A" 3 LOCATION MAP BOYNTON BEACH MALL EXHIBIT "B" 5 ~ " -,--~-,,-,"--'-"'-'- ._-_._--_._----_...._-_._.,--'~' .-'--'- ~ - ""' -. -.--- ~-"~-_. ---" treOlure co~t regional planning council !\ilJUGil1':I~ ~~~~~., -; .3 ,- j :i.---;:;'L' , ., , . I .." " ,,10 ,- Ml....i\l,tt'hl ;-'1' Zor;ltlG SEPT. June 15, 1998 Mr. Michael Rumpf, Acting Director Planning and Zoning Department City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach. FL 33425-0310 Subject: Boynton Beach Mall Development of Regional Impact Dear Mr. Rumpf: In accordance with the requirements of Section 380.06(19), Florida Statutes (F.S.), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NO PC) for the Boynton Beach Mall DR! dated May 13, 1998. The applicant proposes to extend the buildout date for the Boynton Beach Mall from December 31, 1991 to December 31, 2000. The proposed change is presumed to be a substantial deviation pursuant to Section 380.06(19)(c), F.S. Council has reviewed the information provided by the applicant and has determined that the change will not create any additional regional impacts that would require substantial deviation review. However, Council recommends that the development order be revised as follows: I) The following development order language should be added, "The project buildout date shall be December 31, 2000." 2) Condition 13 of Resolution 96-26 should be revised as follows, "No additional building permits shall b~ issued after December 31, 2000, unless a traffic study has been conducted and submitted and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic study methodology should be submitted to Treasure Coast Regional Planning Council, Florida Department of Transportation, Palm Beach County and the City for review and approval prior to the traffic study being conducted by the applicant to ensure that proper standards are being applied. " Please transmit a certified copy of any Development Order amendment adopted pursuant to this notification of proposed change. 301 east ocean boulevard suite 300 stuart, Florida 34994 phone (561) 221 -4060 sc 269-4060 fax (561) 221-4067 o Mr. Michael Rumpf, Acting Director June 15, 1998 Page 2. Please call if you have any questions. SincerelY1 ~ ~T' Snyder DR! Coordinator cc: Nelia Coyle, TCRPC Chairman Roger Wilburn, FDCA Thomas A. Marsicano, Applicant 1 EXHIBIT "C" <g EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Mall File number: DRIA 98-001 Reference: Letter ofreauested dated Mav 13. 1998 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Condition # 13 on the Development Order should be amended to read as follows: "No additional building permits shall be issued after December 31, 2000, unless a traffic study has been conducted and submitted and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic methodology should be submitted to Treasure Coast Regional Planning Council, Florida Department of Transportation, Palm Beach County and the City for review and approval prior to the traffic study being conducted by the applicant to ensure that proper standards are being applied." 9 Page 2 Boynton Beach Mall DRIA File No.: DRIA 98-001 ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /bme s:\projectslcond of apprl 10