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AGENDA DOCUMENTS .,. ".. M!NUTES - REGULAR CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA DECEMBER 17, 1991 City Manager Miller pointed out there is a process in place through the Building and Engineering Departments for building permits. No one else can issue building permits. Mr. Brown stated he was told this dock is an accessory, but under hardship circumstances, the Commission could override it. Attorney Cherof stated he knows of no provision of the Code which would permit the Commission to waive the requirement of the Building Code for permitting. Mr. Fetrow offered to provide the Code provision but Attorney Cherof would need time to investigate it. Commissioner Matson was not comfortable with this situation. Mayor Weiner felt the Commission could not help Mr. Brown at this time. DEVELOPMENT PLANS A. Boynton Lakes Plaza Site plan and Preliminary Plat Extension Mr. Cutro explained that representatives of Boynton Lakes Plaza requested an extension for the concurrency, site plan review and preliminary plat. The City Commission approved this on December 18, 1990 and it will expire shortly. The Planning and Zoning Board approved the concurrency extension on December 10, 1991. The preliminary plat extension is for the developer to complete and finalize their plat. In response to Commissioner Aguila's request for clarification, Mr. Cutro explained that at the meeting of the Concurrency Review Board, it was determined that a condition should be attached to the concurrency that the driveway on Boynton Lakes Boulevard be closed. It has nothing to do with concurrency and Attorney Cherof determined no conditions could be attached to the con- currency. There was further discussion about correspondence crossing in the mail and the late receipt of correspondence per- taining to this issue. Mayor Weiner pointed out that she received the Engineering memorandum at 5:00 p.m. today. She wondered how the Commission is to deal with items received so late on the meeting day. She questioned City Manager Miller about how this happened. Mr. Mill~r received the memorandum on Monday and spoke with the City Engineer and Mr. Cutro on Tuesday afternoon. Neither of them were aware of the memorandum. It was not brought up at the time it went before the Planning and Zoning Board. It contains information the Commission needs to be aware of. Mr. Miller intends to find out what prompted the memorandum. 19 _MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER l7, 1991 Commissioner Matson suggested the Commission direct Mr. Cutro to work with the County and the developer to get the canal culverted as soon as possible. Mayor Weiner was not sure how to handle this item and Vice Mayor Harmening suggested if the Commission is interested in granting the extension, then possibly it should be granted until the next Commission meeting so that all the details could be worked out. Commissioner Aguila suggested granting the extension and disre- garding the memorandum. Commissioner Matson agreed. Allen Goins, representative for the owner, has worked on the pro- ject for the past year. He stated they have been working to accomplish their goals. They need financing and tenants to make the project viable. There have been encouraging developments of late with regard to financing. They have met with the homeowners and Commissioner Matson and addressed the concerns with regard to the Boynton Lakes entrance. They have looked at the area and agree to close the entranceway. Regarding culverting, this will be the first thing they will do before earth work is started. It is difficult to agree to a time frame at this time. He agreed to do this work as soon as possible. 90% of the shopping center is committed to. Mayor Weiner informed Mr. Goins of the conditions mentioned in Mr. Walker's memorandum. Richard Staudinger spoke with Mr. Walker about the details of his memorandum. The time frame was discussed. He does not have a need to have that time frame exactly adhered to. He wants the improvements done. The culverting of the canal will permit the widening of westbound Hypoluxo Road to put in a dual left-turn lane. If the canal does not get culverted, the County would have to scrap the plan and go to another plan to modify that intersection design. Commissioner Aguila again suggested ignoring this memorandum and dealing only with the time extension. Commissioner Matson confirmed that the developer would be agreeable to closing the wall on Boynton Lakes Boulevard. She asked if he was agreeable to a second winged wall for double buf- fering the homes on Boynton Lakes Boulevard. The developer will investigate this possibility. She asked that deed restrictions remain i~ perpetuity as a condition to the site plan extension. He agreed to deed restrictions discussed in the past. Motion Vice Mayor Harmening moved to grant the six-months extension as requested for the Boynton Lakes Plaza site plan and preliminary plat extension. Commissioner Aguila seconded the motion which carried 5-0. 20 , . -MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17, 1991 Commissioner Matson thanked Mr. Goins for addressing the concerns of the residents. LEGAL A. Ordinances = 2nd Reading = PUBLIC HEARING 1. Proposed Ordinance No. 091-82 - Re: Reapportionment of the City's four (4) voting districts and providing for an amendment to boundary descriptions of said district Attorney Cherof read Proposed Ordinance No. 091-82 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR REAPPORTIONMENT OF THE CITY'S FOUR VOTING DISTRICTS; PROVIDING FOR AMENDMENT TO THE BOUNDARY DESCRIPTIONS FOR THE FOUR (4) VOTING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved 091-82 on second reading. motion. A roll call vote The motion carried 5-0. the approval of Proposed Ordinance No. Commissioner Matson seconded the was polled by City Clerk Sue Kruse. 2. Proposed Ordinance No. 091-83 Re: Adopting a policy setting forth criteria and prerequisite for accepting letters of credit by the City in conjunction with developer agreements, contracts, and other contrac- tual obligations Attorney Cherof read Proposed Ordinance No. 091-83 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW ARTICLE XVIII, OF APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO BE ENTITLED "POLICY FOR ACCEPTING LETTERS OF CREDIT", AND RENUMBERING THE EXISTING ARTICLE XVIII, ENTITLED "LEGAL STATUS"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVI~ING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the approval of proposed Ordinance No. 091-83 on second reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 21 ,.....w. ..... '-i .~ ~~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 PRESENTATION 1. Accept $2,500 donation from Castoff Square Dance Club The Mayor extended thanks and a Certificate of Appreciation to representatives of the Club who were present. BIDS None. DEVELOPMENT PLANS Vice Mayor Wische requested that the-two Boynton Lakes Plaza projects listed under DEVELOPMENT PLANS, namely, the Preliminary Plat and the Site Plan Modification, be moved up on the Agenda. Project Name: Agent: Boynton Lakes Plaza John Glidden, Architect Oliver-Glidden & Partners Boynton Lakes Development Corporation North Congress Ave. at Hypoluxo Rd., southeast corner PRELIMINARY PLAT - Request for the approval of amended construction plans and preliminary plat which provide for the construction of infrastructure to serve a 133,015 sq. ft. shopping center and of a boundary plat for a .83 acre outparcel under separate ownership. (Unanimously approved by Planning & Zoning Board) Owner: Location: Description: SITE PLAN MODIFICATION - Request for an amended site plan to allow changes in site layout and design, a 4,818 sq. ft. gross floor area decrease from 137,833 sq. ft. to 133,015 sq. ft., significant changes to tenant mix to be comprised of a 54,234 sq. ft. supermarket (Winn Dixie), a 13,500 sq. ft. drugstore, 65,281 sq. ft. of retail/office space and three leased outparcels on 11.63 acres, and elimi- nation of the shared parking alloca- tion. (The site plan modification was not unanimously approved by the-Planning & Zoning Board.) 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Chris Cutro, Planning Director, explained the Planning & Zoning Board had "continued" this site glan modification at the December ll, .1999 PZB meeting. The TRB had subsequently reviewed a revised site plan which met all the conditions set forth by the TRB members at their November meeting. A special meeting of the PZB had taken place at 5:00 P.M. (prior to this Commission meeting). The PZB had voted to approve the plan. Mr. Cutro commented there was one area of contention on this site plan, namely, the location of the "No Trucks" signs which are located at the corners of Hypoluxo Rd./BoyntoQ Lakes Blvd. and Plaza Lane/Congress Ave. These sign loca- tions were recommended by Vince Finizio, Administrative Coordinator of Engineering. The Police Dept. is opposed to those locations. The Planning Dept. did not have a problem with those locations, but it did feel the Plaza Lane access should be kept open by moving the "No Trucks" sign approxi- mately 200 ft. to the east, so a truck will be able to turn right off of Plaza Lane and go into the development, make its deliveries behind the buildings and then exit by way of Hypoluxo Rd. The locations of the signs approved by the PZB were at the corners and this needed to be addressed. Vice Mayor Wische pOInted out Mr. Glidden had indicated he would be willing to move the signs~ John Glidden, Oliver-Glidden & Partners, stated the appli- cant had agreed to place the signs on Boynton Lakes Blvd. at the intersection at Hypoluxo Rd. This would prohibit com- mercial vehicles from entering Boynton Lakes Blvd. With regard to posting the sign on Plaza Lane, the applicant requested the sign be located just past the first point of ingress to the project. Mr. Glidden referred to a map and explained the intention of that location. If the sign were placed as recommended by Mr. Finizio, Mr. Glidden stated it would create a U-Turn situation for trucks on Congress Ave. Mr. Cutro indicated the Planning Dept. could go along with Mr. Glidden's recommendation but the Police Dept. felt the signs should be eliminated. Mayor Moore asked if there was any input from the audience. Lynne Matson, 1 West Chesterfield Drive, wished to address the entire site. Mrs. Matson asked that her remarks be made part of the Minutes in their entirety. She represented several hundred people in the audience and other residents of Boynton Lakes North and Boynton Lakes who could not be present. In the last few days, over 1,000 signatures had been obtained on a Petition which was presented to the city Manager. The two communities were protesting several issues. Please see Mrs. Matson's written statement which is attached to these Minutes. 3 '-y' :. ~~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mrs. Matson stated they would like' to see the parking lot redesigned so the trucks go in from Congress Ave. or Hypoluxo Rd. They were not against the 'project itself. She indicated she would like for the buffer wall to not be bro- ken. Ms. Linda Grub, 6 Redford Drive, referred to a Day Care Center which was to be located in this proposed shopping center. An area in the parking lot would be utilized for a play' area. Ms. Grub observed the play area was exactly opposite the vehicle entrance to the shopping center which she felt was unsafe for the children. She was also con- cerned about trucks taking short cuts down Boynton Lakes Blvd. into the shopping center. She would like the break in the wall closed. She was afraid the "No Trucks" signs would not be enforced. Ms. Grub made specific recommendations on the way traffic should be directed. Mr. Cutro clarified that on the original plan.approved in 1987, there was an opening on Plaza Lane and Boynton Lakes Blvd~ Mr. Cutro felt that since Mr~ Finizio had gone through a series of detailed possible solutions, he should be given an opportunity to discuss those solutions. Mr. Finizio felt the developer could reaesign the plan without too much effort. By "flipping over" the truck loading zone, trucks could enter from Hypoluxo Rd. Vehicles heading southbound would cross Hypoluxo, where there is a storage lane with a safe left turn arrow. Vehicles could make a safe left-hand t.urn onto Hypoluxo Rd. and enter the ingress/egress approach. That would keep all of the traffic from the County road to the rear of the site without any impact to the adjacent community. Mr. Finizio had recom- mended locations for the "No Trucks" signs. Mr. Glidden pointed out that circulation of Winn Dixie's loading space was a non-negotiable item. Winn Dixie had never "flip-flopped" such a design. The point of loading had been established from the beginning. Mr. Glidden recalled they had met with Mr. Finizio on several occasions and had gone over the entire truck circulation and everything had been acceptable. It was only recently that this change in position had taken place. Mr. Glidden felt the most significant issue relative to truck access had to do with separating semitrailers from the points of ingress/egress which shoppers will frequent, which are the points on Hypoluxo Rd. and Congress Ave. The ~dea of trying to route all the trucks into the north entrance on Hypoluxo Rd. was bad planning, in Mr. Glidden's opinion. Ms. Cheryl Rogers, II Flint Way, stated she had served as City Clerk in two cities and she appreciated the decisions 4 " MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 that had to be made. Ms. Rogers felt the developer was looking out for his own interests and the Commission should look after the citizens' interests. She referred to the publix Shopping Center at the corner of Hypoluxo Rd. and Congress Ave. You cannot get in or out of that shopping center except from Hypoluxo or Congress. She asked why the same couldn't be true with the proposed shopping center. Ms. Rogers stated she was not opposed to the shopping center itself. She did not know until recently that a shopping center was proposed. She recommended that Boynton Lakes Blvd. and Plaza Lane be blocked off to keep traffic out. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. The Mayor understood the recommendation of the PZB and staff was to approve the plan, with the exception of Mr. Finizio. Mr. Finizio repeated his recommendation, which included closing off the points of ingress/egress on Boynton Lakes Blvd. and Plaza Lane. Motion Commissioner Weiner moved that both of those entrances be closed off and the site plan modification be denied. The motion died for lack of a second. Discussion took place about the proposed Day Care Center. A lease had not been signed with a specific tenant in that regard yet. Mr. Glidden stated they were able to satisfy the interior and exterior playground requirements of the Health Dept. A 70' X 180' piece of property was available for the playground. Mr. Glidden stated that exceeds the minimum requirements for an exterior playground. The faci- lity would be planned with safety in mind and would be fully fenced. Mr. Glidden referred to a written flyer which was presented to the residents of Boynton Lakes which contained incorrect information regarding the intent to four lane Boynton Lakes Blvd. and which indicated truck traffic would be rerouted through their project. Mr. Glidden stated that was not. the applicant's intent. Mr. Cutro pointed out the Day Care Center would require a conditional use. There would be public hearings before the PZB and the City Commission. All of the outparcels would have to come back for separate site plan reviews before the PZB and City Commission. This would include any proposals for gas stations. Commissioner Weiner was displeased that there was- no second to her motion to deny this plan. She thought it was a "slap 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 . < ,f:y~ - = ....,. A.' ~~o in the face" of the crowd that was-present. Heated discussion ensued and the Mayor demanded order. Commissioner Weiner objected to a remark, the Vice Mayor made about her position on this. Motion Vice Mayor Wische moved to accept the plans as presented, for both items. The Mayor passed the gavel and seconded the motion. Commissioner Artis requested clarification. Attorney Josias indicated she could do so as a point of information. Commissioner Artis stated she was still concerned about why the residents did not want the shopping center. The crowd became somewhat boisterous. One person in the audience stated they wanted the shopping center, they just didn't want the trucks in their neighborhood. The Mayor thought the residents had been incited with false information. Mr. Cutro briefly repeated the different opinions of the Engin'eering, Police and Planning Dep'ts. Police Chief Hillery explained why having big trucks making U-Turns on Congress was inconceivable, in his opinion. He would like to place the signs as recommended by Mr: Cutro. It was pointed out that there are Ordinances to disallow trucks loading or unloading in the night. Chief Hillery did not believe closing the roadways was the way to go. He believed truck traffic should be partially restricted on the roads in question. Vice Mayor Wische called for a vote on the motion. A roll call vote was taken by the Deputy Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Vice Mayor Wische Mayor Moore Aye Nay Nay Aye Aye Motion carried 3-2. (This approval was for both the Preliminary Plat and the Site Plan Modification.) The gavel was returned to the Mayor. PUBLIC HEARING Agent: Owner: First Impressions Day Ca~e Center (Continued by PZB to a Special PZB meeting scheduled for 12/20/90.) Harold Blanchette Julie & Susan Monahan A. Project Name: 6