LEGAL APPROVAL
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
MARCH 12. 1996
Boynton Commerce Center - The application for use approval for a communication tower was
withdrawn. An agreement was reached with the applicant relative to locating the tower on City-
owned property.
Tara Oaks - The site plan was approved subject to all staff comments, including the use of trash
compactors instead of dumpsters. Ms. Heyden stated that this was a good solution to the amount
of trash that will be generated by a project of this size.
The Kilpatrick Company - The site plan was approved subject to staff comments, including the
recommendation about screening the northeast comer of the property.
(2) Update of Evaluation Appraisal Report - Comprehensive Plan
Ms. Heyden advised that staff is working on this with a consultant. The deadline is quickly
approaching. Staff is trying to set up the first LP NPlanning and Development Board workshop
during the week of March 26. There will probably be workshops on April 18 and April 23, prior
to the May I st transmittal date to the State. There will also probably be at least one workshop
prior to the two public hearings that are required for adoption in July.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. PUBLIC HEARING
.-.
Future Land Use AmendmentlRezoning
Chairman Dube advised that the seven enclaves on the agenda have already been annexed and
are before this board to detennine if the zoning is in concurrence with our current plans.
Mr. Rumpf used the overhead projector to point out the location of each enclave, and reviewed
the current County zoning and land use, and the proposed City zoning and land use. The
proposed reclassifications are in accordance with the already designated Comprehensive Plan
Future Land Use Map recommendations which were adopted in 1989. The City's proposed
reclassifications and rezonings are equivalent to the County's.
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
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MARCH 5 1996 ~. tf.",,'
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Motion
Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-08 on first reading,
subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Oerk Sue
Kruse polled the vote. The vote was unanimous.
C. Resolutions:
1. Proposed Resolution No. R96-31 Re: Authorize execution of Lease
Agreement between the City of Boynton Beach and Palm Beach
County Cellular Telephone Company to erect a communications
tower at the Little League Ball Park
Attorney Cherof read Proposed Resolution No. R96-31 by title only.
Motion
Mayor Pro Tern Matson moved to approve Proposed Resolution No. R96-31. Vice Mayor
Bradley seconded the motion.
Dale Sugerman, Assistant City Manager and Human Resources Director, advised that
negotiations concluded at 3:30 p.m. today. He presented the last meeting changes
requested by AT&T.
The lease payments would be monthly in lieu of annual after the first year. AT&T has
requested that we leave space for recording at the top of the first page. In addition, they
have requested the addition of language relative tQUtterference, and termination without
penalty or further liability. AT&T would like their legal department to obtain copies of any
notices that are sent. These changes are considered non-substantial in nature.
Mr. Sugerman advised that the agreement between the City and BellSouth Mobility was
used as a model. The BeIISouth tower is already in place. The relationship between the
City and BellSouth was slightly different than the relationship in this agreement The
arrangements with BelISouth included lighting for the ballpark. An attempt was made to
remove all of the extraneous lighting language; however, it was missed in a few places. At
the top of Page 2 of the lease agreement, remove "and lighting structure". In addition, on
Page 3, Section 5, Line #4, remove "and related office space" since there is no planned office
space. In the following sentence, remove "the new building will be attached to the City's
existing storeroom/ equipment building".
Mayor Pro Tern Matson asked if the termination language is reciprocal. Mr. Sugerman
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MARCH 5, 1996
responded negatively. He is not sure we need reciprocity because we do not have an
antenna facility that would deteriorate. Mayor Pro Tern Matson said she sees reasons for
AT&T to terminate, but does not see reasons listed for the City to terminate. Mr. Sugerman
said he was not sure we contemplated an early termination. There is termination on
renewals, but he is not sure there is an interim termination clause. The agreement is
renewable every five years.
Commissioner Jaskiewicz confirmed that the tenant has proposed that the City would
receive $18,000 the first year. In the second through fifth years, the City would be paid
$15,000 annualized, but paid on a monthly basis. In each renewal period, the monthly fee
is inflated by the Consumer Price Index; therefore, the monthly amount will increase at
each renewal term.
Mayor Taylor questioned whether or not BellSouth pays the City monthly or annually. Mr.
Sugerman advised that in the first five-year period, they accelerated all 60 months and paid
it up front. This is a monthly payment of $1,500, accelerated for the first 12 months for a
total of $18,000 up front, and a payment of $1,250 in the second through fifth years.
The motion carried unanimously.
D. Other:
None
XI. UNFINISHED BUSINESS:
A.
Cemetery Issues
-,
Motion
Commissioner Jaskiewicz moved to remove this item from the table. Mayor Pro Tern
Matson seconded the motion which carried 4-0.
City Manager Parker advised that the Cemetery Board had a meeting last night and made
a change to the proposal. Ms. Parker discussed the change with Mr. Osborne, and he has
agreed. Ms. Parker distributed a copy of a summary of the five issues discussed. If the
Commission agrees with the proposed changes, they will be put in the correct form and
come back as an Ordinance amendment or rule change.
1. Resales of Crypts and Niches - Before interment, the crypts and niches can
be sold by the owner at free market as long as the City gets the name,
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5,1996
b. BookFest of the Palm Beaches at South Florida Fairgrounds -
March 22 - March 24, 1996
Mayor Taylor read a Proclamation declaring March 22 through March 24, 1996, as
"Bookfest Weekend".
V. BIDS:
None
VI. PUBLIC HEARING:
None
VII. PUBLIC AUDIENCE:
None
VIII. DEVELOPMENT PLANS:
A. Project Name: Papa,John's...............................................................T ABLED
APPLICANT REQUESTED TO BE TABLED UNTIL MARCH 5, 1996
Agent: Interplan Practice, Ltd.
Owner: Papa Johns USA
Location: Northeast corner of N.W. 7th Court and Boynton Beach
Boulevard
Description: NEW SITE PLAN: Request for site plan approval to
construct a 1,142 square foot take-out pizza store on.22
acres
The applicant has requested withdrawal of this application
Motion
Vice Mayor Bradley moved to withdraw this from the table. Commissioner Jaskiewicz
seconded the motion which carried unanimously.
B.
Project:
Agent:
Applicant:
Location:
Boynton Commercenter PID.................................T ABLED
Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates
Boynton Commercenter, Ltd.
Approximately 700 feet south of the southwest comer
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MEETING MINUTES
REGULAR CITY COMMISSION
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MARCH 5, 1996
Description:
of Woolbright Road and 1-95
USE APPROVAL: Request to amend the Boynton
Commercenter PID list of allowed uses to include
communication towers.
Motion
Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
City Manager Parker advised that Items Band C are tied together. Pursuant to the last City
Commission meeting, staff worked out a lease agreement to change the location of this
antenna to Little League Park. This change meets withJhe approval of AT&T and Palm
Beach County Cellular. Therefore, Items Band C can be deleted.
Motion
Mayor Pro Tern Matson moved to remove Item vm-e from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
Motion
Mayor Pro Tern Matson moved to delete Items B and C. Vice Mayor Bradley seconded the
motion which carried unanimously.
C. Height exception for Boynton Commercenter for 100' communication tower
for AT&T..... ............... ................. .............~.............. ......... ........ ...... ..... ......... T AD LED
This item was deleted.
D. Height exception for Palm Beach County Cellular Telephone Company to
erect a communications tower at Little League Ball Park
Attorney Cherof advised that this item ties in with Proposed Resolution No. R96-31 which
covers approval of the agreement. The Code requires that on all height limitations there
be a Commission finding that the elements set forth in Section 2-7 of the Land
Development Regulations be approved. The Commission must find that:
. there is no adverse effect on existing and proposed land uses;
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REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Description:
of Woolbright Road and 1-95
USE APPROVAL: Request to amend the Boynton
Commercenter PID list of allowed uses to include
communication towers.
Motion
Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
City Manager Parker advised that Items Band C are tied together. Pursuant to the last City
Commission meeting, staff worked out a lease agreement to change the location of this
antenna to Little League Park. This change meets with.Jhe approval of AT&T and Palm
Beach C6unty Cellular. Therefore, Items Band C can be deleted.
Motion
Mayor Pro Tern Matson moved to remove Item VIll-e from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
Motion
Mayor Pro Tern Matson moved to delete Items Band C. Vice Mayor Bradley seconded the
motion which carried unanimously.
C. Height exception for Boynton Commercenter for 100' communication tower
for AT&T. .................................... ..............,........... .................:...................... TABLED
This item was deleted.
D. Height exception for Palm Beach County Cellular Telephone Company to
erect a communications tower at Little League Ball Park
Attorney Cherof advised that this item ties in with Proposed Resolution No. R96-31 which
covers approval of the agreement. The Code requires that on all height limitations there
be a Commission finding that the elements set forth in Section 2-7 of the Land
Development Regulations be approved. The Commission must find that:
· there is no adverse effect on existing and proposed land uses;
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REGULAR CITY COMMISSION
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MARCH 5, 1996
. the height exception is necessary;
. the height exception will or will not severely reduce light and air from
adjacent areas;
. whether it will be a deterrent to improvement or development of adjacent
property;
. whether it will adversely affect property values in adjacent areas;
. whether it will adversely affect living conditions in adjacent areas;
. whether it will constitute the granting of a special privilege; and
. whether special circumstances exists.
The Commission has already addressed these elements within this same park since this
type of use is already permitted and there is presently a contract with BellSouth Mobility.
Attorney Cherof advised that the City Commission can simply readopt its previous
findings that it is permissible as a height exception.
Motion
Commissioner Jaskiewicz moved to approve according to the previous applications. Vice
Mayor Bradley seconded the motion which carried unanimously.
IX. NEW BUSINESS:
A. Set date for Special City Commission Meeting to receive the March 12,
1996 certified election returns and newly-elected members to assume office
(Must be within three (3) days of March 12th.)
There was a consensus of the Commission to hold-tRis meeting on Wednesday, March 13,
at 5:00 p.m.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 096-04 Re: Adopt amendments to the
General Employees' Pension Fund
Attorney Cherof read Proposed Ordinance No. 096-04 by title only.
Mayor Taylor announced the public hearing. There was no one present who wished to
speak at the public hearing.
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MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
FEBRUARY 20, 1996
do not constitute a substantial deviation. Commissioner Jaskiewicz seconded the motion, which
carried 4-0.
Mayor Taylor inquired about the completion date. Mr. Conahan hoped to be back before the
Commission with a site plan in April.
VII. PUBLIC AUDIENCE
This item was dispensed with earlier in the meeting.
VIII. DEVELOPMENT PLANS
A.
Project:
Agent:
Applicant:
Location:
Description:
High Ridge Commerce Park PID
Richard C. Ahrens
Condor Investments of Palm Beach County, Inc.
Northeast comer of High Ridge Road and Miner Road
Use Approval - Request to amend the list of High Ridge
Commerce Park PID permitted uses to allow wholesale distribution
and service of turf equipment
Mr. Ahrens represented the Kilpatrick Company. He advised that the use approval was
unanimously approved by the Planning and Development Board.
Ms. Heyden advised that this is a request to amend the list of pennitted uses at the High Ridge
Commerce Park PID. Staff recommended approval subject to environmental review.
Ms. Heyden added that the applicant has already gone through environmental review.
Motion
Commissioner Jaskiewicz moved to amend the list of High Ridge Commerce Park PID permitted
uses to allow wholesale distribution and service of irrigation supplies and turf equipment subject
to environmental review. Mayor Pro Tern Matson seconded the motion, which carried 4-0.
B.
Project:
Agent:
Applicant:
Location:
Boynton Commercenter PID
Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates
Boynton Commercenter, Ltd.
Approximately 700 feet south of the southwest comer of
Woolbright Road and 1-95
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MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20,1996
Description: Use Approval- Request to amend the Boynton Commercenter
PID list of allowed uses to include communication towers
Mr. Roth read through the staff reports and had no comment relative to the use determination
aspect.
Vice Mayor Bradley asked if it would be possible to relocate the antenna across on the other side
ofI-95 to keep antennas in the City altogether. Mr. Roth said he has reviewed this with the
AT&T representative and he would consider moving the antennas to the ball field as an option.
He would have to further review this from an engineering standpoint, as well as to try to
determine what accommodations can be made with the ball field.
Mr. Roth said if we were to be able to work out something on the other site, would we have to
come back for the height exception again. City Attorney Cherof advised that it would have to go
back through the height exception process. City Manager Parker clarified that this means the
item would be tabled and placed back on the City Commission agenda for the next City
Commission meeting. Mr. Roth would not have to go back to the Planning and Development
Board. She said we will work with the applicant to iron out any details on the little league field
site.
City Manager Parker anticipates requests or towers coming in heavy. She advised that the
Florida League is negotiating a State-wide contract with a tower construction fund to build one
tower and the cities would lease space to the users, as opposed to having various tower sites all
over the City. The City is talking with the Florida Leauge to try to implement this.
Commissioner Jaskiewicz asked about the height. Mr. Roth said it is 100 feet.
Mayor Taylor asked about the location. City Manager Parker stated that we currently have a Bell
South Mobility tower at the little league field on Woolbright. The lightpoles at the little league
field are 75 feet tall. Therefore, the one tower at 100 feet is not as noticeable there as it would be
in stand-alone locations somewhere else in the City.
Mr. Roth felt the proposed site is the best site for AT&T. This is not going to be an intrusive
tower. It is nestled between the railroad tracks, the high overpass, and some existing buildings.
However, he will diligently work with staff to come up with a location at the ball field.
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MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1996
Mayor Pro Tern Matson asked how long it takes to get the report back. City Manager Parker
advised that both sites have to go through the DERM process, and that will be done as part of the
site plan approval.
Motion
Vice Mayor Bradley moved to table this item until the next Commission meeting. Commissioner
Jaskiewicz seconded the motion, which carried 4-0.
c.
Project:
Agent:
Applicant:
Location:
Tara Oaks PUD
Kieran 1. Kilday - Kilday & Associates, Inc. for Pulte Home Corp.
Tara Oaks Development Company
East side of Knuth Road approximately 570 feet north of
Woolbright
Site Plan - Request for site plan approval to develop 14.47 acres of
the Tara Oaks PUD for a 192 unit townhouse project with private
recreation facilities
Description:
Mr. Kilday said he went through all the conditions and there were only two issues outstanding.
He has been working with staff on these two issues, and they have been resolved. One issue
dealt with tree relocation. Mr. Kilday agreed to the City Forester's conditions and submitted a
revised preservation plan. The City Forester has to sign off on that plan. The second issue dealt
with the dumpster. We met with the Public Works Director this morning and agreed to go with
a trash compactor system, subject to his agreeing to the exact location criteria. He has already
suggested a location, and Mr. Kilday has to give him final dimensions on how it will fit on the
plan.
With regard to comment number 24, Ms. Heyden stated that we received a perservation plan
dated February, 1996, which bas not been reviewed by the City Forester yet. Therefore, she
would like comment number 24 replaced with, "Trees shall be replaced, relocated pursuant to the
February 1996 tree preservation plan which is being reviewed by the City Forester." Also,
comment 54 should be replaced with, "A compactor shall be provided at the exit to the
property subject to the approval of the Director of Public Works." City Manager Parker added
that the compactor area will be landscaped and screened. Mr. Kilday agreed.
38
MINlJTES
PLANNING AND DEVELOPME:\'T BOARD
BOY~TON BEACH. FLORIDA
FEBRUARY 13,1996
")
Project Name:
Agent :
Boynton Commercenter PID
Frederick Rorh. Jr.. P. E.
Michael B. Schorah and Associates
Boynton Commercemer. Ltd.
Approximately 700 feet south of the southwest corner of
Woolbright Road and 1-95.
Request to amend the Boynton Commercemet PID list
of allowed uses to include communication towers.
Owner:
Location:
Description:
Chairman Dube asked the applicam if he has read staff's recommendations. Mr. Roth advised
that he has reviewed the commems and has no commem relative to them.
Vice Chairman Golden noticed that staff recommends allowing only one tower as part of this
use approval. He asked if this is an issue from a legal standpoim. Ms. Heyden advised that
the City Attorney received a copy of the agenda package Monday morning. She has not heard
anything from him. Therefore. she assumes he had no problems with it.
Mr. Rosenstock asked Ms. Heyden if she called the City Attorney. She advised that she had
not. Chairman Dube advised that he spoke to the City Attorney.
Motion
Vice Chairman Golden recommended approval of the use approval for Boynton Commercenter
PID to amend the list of allowed uses to include communication towers, subject to staff
commems. and the conclusion from the City Attorney that only permitting one tower will nor
create any type of future problem. Mr. Wische seconded the motion, which carried 7-0.
Mr. Rosenstock suggested that in the future, because of the time constraints, the Planning
Department contact the City Attorney to find out if he has reviewed the agenda package and
found any problems. Ms. Heyden advised him that the procedure is that she gives him the
agenda package and if he has a problem. he will let her know. Mr. Rosenstock will
recommend to the City Manager that we change that procedure.
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