AGENDA DOCUMENTS
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 4, 1997
(Application Denied by Planning & Development Board on August 26,
1997) ................... POSTPONED FROM 9/16/97 CITY COMMISSION
MEETING
At the applicant's request, this item was tabled until the December 2nd meeting.
2. Major Site Plan Modification (Sign Program) for Boynton Commons
PCD
3. Community Design Plan Appeal (Colors) for Boynton Commons PCD
4. Community Design Plan Appeal for Boynton Commons PCD - Roof
Illumination for Tony Roma's
E. Approval of Bills
F. Approve Records Disposition Requests Nos. 341, 342, 343, 344, 345, 346,
and 347 submitted by Utility Billing, Department of Development for the
Building Division, and the City Clerk's Department
G. Approve Refund on Crypt B-2, Chapel Building, Section H, Boynton Beach
Mausoleum purchased by Hilma E. Tantzen
H. Approve purchase of movable wall partitions for various offices in clean-up
and relocation from Wall Innovators, Tampa, Florida, in the amount of
$29,828
I. Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen
Beach, Florida, for repairs to Pioneer Park due to fire property loss -
Estimated Cost $27,899.78.
Item "I" was removed from the Consent Agenda for discussion.
J. Approve refund on Cemetery Lots 198 & 199, Block B, Boynton Beach
Memorial Park Addition #1 purchased by Mary Sue Johnston
K. Approve disinterment of remains of James Bell, and provide refund on
Crypt C-8, Devotion Building, Section 0, Boynton Beach Mausoleum
L.
Authorize Ernst & Young to perform the yearly actuarial review of the City's
self-insured coverages: Workers' Compensation, general liability,
automobile liability, automobile physical damage and property damage. In
addition, they will perform a Risk Management Review. Estimated cost to
the City will be $10,000 for the Actuarial Study and $12,500 for the Risk
Management Study.
wi
M. Authorize Ernst & Young to perform the annual arbitrage rebate
calculations on the Water and Sewer Utility Revenue Bonds, Series 1990
and the Public Service Tax Refunding Revenue Bonds, Series 1993, for the
fiscal year 1996/97. Total cost will be $6,000 for all calculations
7
~.
2. Proposed Resolution No. R97. Re: Ratification of South Central
Regional Wastewater Treatment and Disposal Board action of October 16,
1997:
a. Authorization to expend $20,000 from Sinking Fund on an Emergency
Basis to Repair #5 Effluent Pump;
b. Authorization to enter into a lease agreement with Omnipoint
Communication Services to construct a monopole on the northeast
corner of South Central's property;
c. Authorization to increase J. J. Kirlin's contract for the northwest reuse
project from $4,539,795 to $4,595,784 to cover $55,989 of Change
Orders; and
d. Authorization to increase Ric Man's contract for the northwest reuse
project from $2,477,738.09 to $2,535,701.75 to cover $57,963.66 of
Change Orders.
3. Proposed Resolution No. R97- Re: Approving Grant Agreements
between the City of Boynton Beach and the U.S. Department of Housing and
Urban Development for Funding Approvals of Community Development Block
Grant Funding for the 1997-98 Fiscal Year
4. Proposed Resolution No. R97- Re: Approving the release of surety for
Nautica PUD Plat Two in the amount of $44,874.52
5.
Proposed Resolution No. R97-
Recycling Truck Operator
Re: Approving job description for
6. Proposed Resolution No. R97 - Re: Supporting the Palm Beach County
Municipal League in its Recommendation for an amendment to the proposed
changes by the Palm Beach County Department of Environmental Resources
Management to Section 9.4 Wetlands Protection of the Unified Land
Development Code
Ratification of Planning & Development Board Action:
1.
New Site Plan for Alhambra North
(Application Denied by Planning & Development Board on August 26, 1997)
........ ... ........ POSTPONED FROM 9/16/97 CITY COMMISSION MEETING
2.
Major Site Plan Modification (Sign Program) for Boynton Commons PCD
3.
Community Design Plan Appeal (Colors) for Boynton Commons PCD
/4.
l
Community Design Plan Appeal for Boynton Commons PCD - Roof Illumination
for Tony Roma's
E. Approval of Bills
3
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
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office
0 August 19, 1997 August 8, 1997 (noon) 0 October 21,1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) [gJ November 4,1997 October 24, 1997 (noon)
0 September 16, 1997 September 5,1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
0 October 7,1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request below on the November 4, 1997 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 6-0 vote,
recommended denial of the request below. For further details pertaining to this request, see attached Planning and Zoning
Memorandum No. 97-516.
EXPLANATION:
PROJECT: Boynton Commons - Tony Roma's
AGENT: Joe Lelonek, Land Design South
OWNER: Winchester, Winchester, Zeiher & Schroeder
LOCATION: Southwest comer of Old Boynton Road and Congress Avenue
DESCRIPTION: Request for approval ofa community design plan appeal to allow roof illumination of Tony Roma's
restaurant building.
PROGRAM IMPACT: N/A
FISCAL IMPACT: NIA
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Development Services
Department Name
k?~1
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELO~MENT DEPARTMENT SERV,_cS
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97- 516
Staff Report
for
Planning and Development Board
and
City Commission
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden. AICP
Planning and Zoning Director
FROM: Jerzy Lewicki
Acting Senior Planner
DATE: October 28, 1997
SUBJECT: Boynton Commons PCD (Tony Roma's) - CDPA 97-007
(roof illumination)
NATURE OF REQUEST
Joe Lelonek of Land Design South, agent for Boynton Commons Corporation, contract
purchaser of the property located at the southwest corner of Congress Avenue and Old
Boynton Road (see Exhibit "A" - Location Map), is requesting approval of a community design
plan appeal to allow illumination of the roof of the Tony Roma's restaurant building. This
appeal was submitted in connection with the building permit application submitted for Tony
Roma's restaurant. The permit drawings indicated 14 lighting fixtures mounted on the edge of
the roof directing light upward on the surface of the roof (see Exhibit "B" - Building Elevations).
BACKGROUND
On October 15, 1996, the site plan for the Boynton Commons PCD shopping center was
approved by the City Commission. Recently, Boynton Commons Corporation has proposed
numerous changes to the previously approved site plan. In general, changes were limited to
reconfiguration of structures, parking, driveways, the drainage retention area location and
elevations (see Exhibit "C" - Site Plan).
Subsequently, a permit application was filed for construction of Tony Roma's restaurant, but
was rejected by staff when a new, unapproved feature (roof illumination) appeared on the
/
- -.-----------------~-_._---
Page 2
Memorandum No. 97- 516
Boynton Commons PCD - roof illumination
CDAP 97-007
elevations submitted for permit. This feature which is solely used as a means of advertising, is
a violation of the community design plan. The schematic character of the previously submitted
building elevations for this building prevented staff from detecting this code violation at the
time of review of the administrative appeal presented to the Board on July 22, 1997 (ADAP 97-
002). Since the prototype building for a Tony Roma's building contains lighting fixtures
illuminating the roof of the central part of the restaurant as a common feature, the applicant
decided to submit an appeal from the community design plan.
ANAL YSIS
Chapter 9 - Community Design Plan, Section 10.F.5 of the Land Development Regulations
states as follows:
"Lighting shall not be used as a form of advertising in a manner that draws
more attention to the building or grounds at night than in the day. Jl
Roof illumination, even as an architectural expression, is not proposed on any other building
within this PCD. The building is on a prominent, highly visible, leased outparcel. Although,
roof illumination is standard for this chain of restaurants, the most recent elevation approval by
the Board and Commission permitted this business to retain and incorporate all of its other
corporate image features. The fixtures, although directed, produce indiscriminate illumination.
Also, this aspect of the corporate image is not exclusive to Tony Roma's.
RECOMMENDA liONS
Planning and Zoning recommends denial of this community design plan appeal. See Exhibit
"0" - Conditions of Approval.
xc: Central File
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\BOYCOMM\CDPA - Tony Roma's\staff report-boycomillum.doc
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EXHIBIT "B"
Conditions of Approval
Project name: Boynton Commons (Illumination)
File number: CDPA 97-007
Reference: Letter of request with a October 1. 1997 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Eliminate roof illumination. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. Denied request for roof illumination. X
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
s:\projects\cond of appr\
~eVELOPMENT ORDER
CITY L. BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Commons - Tony Roma's
APPLICANT: Joe Lelonek
APPLICANT'S AGENT: Joe Lelonek
APPLICANT'S ADDRESS: 1280 N. Congress Avenue, Suite 215, West Palm Beach, Florida 33409
DATE OF HEARING BEFORE CITY COMMISSION: November 18,1997
TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (roof illumination)
LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Congress Avenue.
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
..2L HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
..2L DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA TA\Planning\sHARED\WP\PROJECTS\BoyComm\Tony Romas\DEVELOPMENT ORDER.doc
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD MEETING
AGENDA
DATE: Tuesday, October 28, 1997
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. Report from the Planning and Zoning Department
1) Final disposition of last meeting's agenda items.
6. Old Business:
None
7. New Business:
A. PUBLIC HEARING
RezoninQ and Land Use Amendment
1.
PROJECT:
Cedar Ridge PUD
AGENT:
Joe Basile, Cedar Ridge Development, Inc.
OWNER:
Condor Investments of Palm Beach County
LOCATION:
6.376 acres of property east of High Ridge Road, west of Interstate 95,
approximately one-half (1/2) mile south of HYPoluxo Road.
DESCRIPTION:
Request to amend the future land use map of the comprehensive plan
from Low Density Residential to Public and Private Governmental!
Institutional and rezone from Planned Unit Development to R-1AA,
Single Family Residential the northeast portion of the Cedar Ridge PUD
which was formerly approved for 11 single-family lots.
Page 2
Planning and Development Board Meeting
Agenda, October 28, 1997
B. APPEALS
Community Desiqn Plan Appeal
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. USE APPROVAL
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. SITE PLANS
New Site Plan
1.
PROJECT:
Boynton Commons PCD
Joe Lelonek, Land Design South
Winchester, Winchester, Zeiher & Schroeder
Southwest comer of Old Boynton Road and Congress Avenue
Request for approval of a community design plan appeal to allow four
colors in addition to white and black, to be included in a proposed sign
program for Boynton Commons PCD.
Boynton Commons - Tony Roma's
Joe Lelonek, Land Design South
Winchester, Winchester, Zeiher & Schroeder
Southwest comer of Congress Avenue and Old Boynton Road
Request for approval of a community design plan appeal to allow roof
illumination of Tony Roma's restaurant building.
Harrison Import and Export - High Ridge Commerce Park PID
Ron Kent, Jack Lupo Realty
Condor Investment of Palm Beach County, Inc.
Commerce Road (300 feet north of the intersection of Miner Road and
High Ridge Road)
Request to amend the list of approved uses for the High Ridge
Commerce Park PID to include warehousing and wholesale distribution
of fabrics.
Harrison Import and Export - High Ridge Commerce Park PID
Page 3
Planning and Development Board Meeting
Agenda, October 28, 1997
AGENT:
Mark Snipes, CMSI Real Estate
OWNER:
Condor Investment of Palm Beach County, Inc.
LOCATION:
Commerce Road (300 feet north of the intersection of Miner Road and
High Ridge Road)
DESCRIPTION:
Request for site plan approval to construct a 15,968 square foot
warehouse on 1.1 acres of land.
Maior Site Plan Modification
2.
PROJECT:
Boynton Commons PCD
AGENT:
Joe Lelonek, Land Design South
OWNER:
Winchester, Winchester, Zeiher & Schroeder
LOCATION:
Southwest corner of Old Boynton Road and Congress Avenue.
DESCRIPTION:
Request for approval of a major site plan modification to include a sign
program for Boynton Commons PCD.
8. Comments by members
9. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH
RESPECT TO ANY 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)
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:\SHRDA T A \PLANNING\SHARED\WP\AGENDAS\P&D\ 10-28-97. DOC
7.B.2
BOYNTON COMMONS - TONY ROMA'S
COMMUNITY DESIGN PLAN APPEAL
DEVELOr'MENT DEPARTMENT SERVI",eS
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97- 516
Staff Report
for
Planning and Development Board
and
City Commission
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM: Jerzy Lewicki
Acting Senior Planner
DATE: October 28, 1997
SUBJECT: Boynton Commons PCD (Tony Roma's) - CDPA 97-007
(roof illumination)
NATURE OF REQUEST
Joe Lelonek of Land Design South, agent for Boynton Commons Corporation, contract
purchaser of the property located at the southwest corner of Congress Avenue and Old
Boynton Road (see Exhibit "A" - Location Map), is requesting approval of a community design
plan appeal to allow illumination of the roof of the Tony Roma's restaurant building. This
appeal was submitted in connection with the building permit application submitted for Tony
Roma's restaurant. The permit drawings indicated 14 lighting fixtures mounted on the edge of
the roof directing light upward on the surface of the roof (see Exhibit "B" - Building Elevations).
BACKGROUND
On October 15, 1996, the site plan for the Boynton Commons PCD shopping center was
approved by the City Commission. Recently, Boynton Commons Corporation has proposed
numerous changes to the previously approved site plan. In general, changes were limited to
reconfiguration of structures, parking, driveways, the drainage retention area location and
elevations (see Exhibit "C" - Site Plan).
Subsequently, a permit application was filed for construction of Tony Roma's restaurant, but
was rejected by staff when a new, unapproved feature (roof illumination) appeared on the
/
Page 2
Memorandum No. 97- 516
Boynton Commons PCD - roof illumination
CDAP 97-007
elevations submitted for permit. This feature which is solely used as a means of advertising, is
a violation of the community design plan. The schematic character of the previously submitted
building elevations for this building prevented staff from detecting this code violation at the
time of review of the administrative appeal presented to the Board on July 22,1997 (ADAP 97-
002). Since the prototype building for a Tony Roma's building contains lighting fixtures
illuminating the roof of the central part of the restaurant as a common feature, the applicant
decided to submit an appeal from the community design plan.
ANALYSIS
Chapter 9 - Community Design Plan, Section 10.F.5 of the Land Development Regulations
states as follows:
"Lighting shall not be used as a form of advertising in a manner that draws
more attention to the building or grounds at night than in the day."
Roof illumination, even as an architectural expression, is not proposed on any other building
within this PCD. The building is on a prominent, highly visible, leased outparcel. Although,
roof illumination is standard for this chain of restaurants, the most recent elevation approval by
the Board and Commission permitted this business to retain and incorporate all of its other
corporate image features. The fixtures, although directed, produce indiscriminate illumination.
Also, this aspect of the corporate image is not exclusive to Tony Roma's.
RECOMMENDATIONS
Planning and Zoning recommends denial of this community design plan appeal. See Exhibit
"0" - Conditions of Approval.
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\BOYCOMM\CDPA - Tony Roma's\staff report-boycomillum.doc
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EXHIBIT 11011
9
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EXHIBIT "0"
Conditions of Approval
Project name: Boynton Commons (Illumination)
File number: CDPA 97-007
Reference: Letter of request with a October 1. 1997 Planning and Zoning Department date stamp marking.
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: None
1. Eliminate roof illumination.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
s:\projects\cond of appr\
;0