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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST ;FORM Requested City Commission Meeting Dates o November 17,1998 o December 1,1998 o December 1 S, 1998 o January S, 1999 Date Final Form Must be Turned in to City Clerk's Office November 6, 1998 (noon) December 4, 1998 (noon) Requested City Commission Meeting Dates o January 19, 1999 o February 2,1999 o February 16, 1999 [81 March 2, 1999 Date Final Form Must be Turned in to City Clerk's Office January 8, 1999 (noon) November 20,1998 (noon) January 22, 1999 (noon) February S, 1999 (noon) December 18, 1998 (noon) February 19, 1999 (noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda [81 Public Hearing o Bids o Announcement o Development Plans o New Business o o o Legal Unfmished Business Presentation RECOMMENDATION: Please maintain the request below till the April 6, 1999 City Commission agenda under Public Hearing. At the February 9, 1999 Planning and Development Board meeting this request was tabled due to the applicant requiring additional time to address the Technical Review Committee's comments and submit a variance which should run concurrent to this conditional use approval process. See attached request letter dated February 4, 1999 from the project's agent, Robert E. Fetro, P.E. EXPLANATION: Project Name: Agent: Location: Description: Private Members Only Club Robert Fetrow 1107-1109 N. Federal Highway Request approval to adaptively reuse an existing vacant building for a private club. PROGRAM IMPACT: NM FISCAL IMPACT: N/A ALTERNATIVES: N/A Acting City Manager Signature 7'(;- c. -L:-- Acting Manager of Planing and Zoning City Attorney / Finance / Human Resources \\CHlMAIN\SHRDA T AIPLANNINGISHAREDlWP\PROJECTSlPRlV ATE MEMBERS ONL y\COUSlAGENDA ITEM REQUEST J-2-99.DOC reb-04-99 02:11P GATOR ENGINEERING SERVICE 561~a~1 9991 P.02 L:!?ATOR ENGINEERING SERVICES, INC. 7289 Garden Road. Sutle 104- West Palm Beach. Florida 33404- (561) 841.9990 Fax (S61) 841-9991 E-mail: galoreng@aol.com February 4, 1999 City of Boynton Seach Planninq Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attention: Mike Rumpf RE: Request for Tablinq Condit.ional Us. Approval Precess for Private Members Club at 1107-1109 M. rederal Hiqbway in Boynton B.ach, FL. Dear Mr. Rumpf: This letter is being written requeatin9 tablinq of COnditional O.e Approval Proce.. tor Private Kambers Club at 1107-1109 N. Federal Blqhway in Boynton Beach, PL. The condit.ional use process 1s scheduled tor the Planninq , Development Board ..etinq on February 9th, 1999 and th. city CO_ission .eetinq on February 16th, 1999. This request is beinq made 80 that both the variance and conditional use approval process can runn run concurrent. We are requesting t.o have our application scheduled for the March 23rd, 1999 Planninq and Oevelopment Board me.tinq and the April 6th, 1999 City Commission meetinq. If you have any questions in regards to this letter, please t..l free to contact me. ., .,-'. ,- . """'" ..... '--. .:-.: eli'Y OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 2, 1999 I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made IV Tillman I Titcomb IV Tillman III Jaskiewicz* Mayor Taylor* II Denahan* IV Tillman Mayor Taylor II Denahan Mayor Taylor IV Tillman* Board Adv. Bd. On Children & Youth Adv. Bd. on Children & Youth Bldg. Bd. Of Adjustment & Appeals Code Compliance Board Cemetery Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Recreation & Parks Board Recreation & Parks Board Stu/Reg Aft Alt Alt Alt Reg Reg Alt Alt .. Alt Art III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Length of Term Exoiration Date 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 9/99 1 yr term to 4/99 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 6:30 P.M. TABLED-2 TABLED-2 TABLED-3 TABLED-3 TABLED-3 TABLED-2 TABLED-2 TABLED-3 . 1. "Breakfast in Boynton" & Green Market - March 6th from 8:00 a.m. to 11 :30 a.m. - Veterans Park 2. Community Caring Center Choir Concert - St. Thomas More Church on Military Trail & Woolbright Road - Sunday, March 7,1999 @ 4:00 p.m. 3. Community Redevelopment Agency Meeting - Monday, March 8th @ 6:30 p.m. in West Wing - Conference Room "C" 4. Neighborhood Summit - Monday, March 8th @ 7:00 p.m. - Library Program Room 1 . Agenda Regular City Commission March 2, 1999 5. Special City Commission Meeting - Friday, March 12, 1999 @ 5:00 p.m. regarding election matters B. Presentations: 1. Proclamations: a. "Community Caring Center Week - March 7 - 13, 1999" 2. Presentation of Certificates in recognition of Black Awareness Events - Mayor Taylor, Mayor Pro Tem Tillman and Melody Green 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 . Joint City Commission/Chamber of Commerce Workshop Meeting of February 8, 1999 2. Special City Commission Meeting of February 10, 1999 B. Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget 1. Renew the bid for "CITY OF BOYNTON BEACH - NEIGHBORHOOD SIGNS" to Jeff Industries, Inc. with an estimated annual expenditure of $6,000 2. Award the bid for "PURCHASE OF TWO (2) NEW AND UNUSED 20 FT. REAR STEER KNUCKLEBOOM REFUSE COLLECTION VEHICLES" to Petersen Industries, in the amount of $193,800 C. Resolutions: 1. Proposed Resolution No. R99- Re: Authorizing the Mayor and City Clerk to execute a Letter of Agreement with Camp, Dresser and McKee (CDM) to provide expert witness testimony in conjunction with the acquisition of Pond "B" 2. Proposed Resolution No. R99- Re: Approving a Joint Participation Agreement with the State of Florida Department of Transportation (FDOT) for work related to the City's Downtown Regional Stormwater Project, Phase I 2 Agenda Regular City Commission March 2, 1999 3. Proposed Resolution No. R99- Authorizing the approval for a sole source procurement from Motorola Communications & Electronics, Inc., and authorizing the City of Boynton Beach to commence negotiations for an 800 MHz trunked simulcast radio system 4. Proposed Resolution No. R99- Re: Approving a contract with J&H/Marsh McClennon Inc. (Sedgwick of Florida, Inc.) to serve as insurance consultant for studying the feasibility of establishing a self- insurance program for the health insurance benefits program for City employees (Consulting contract cost not to exceed $18,000) 5. Proposed Resolution No. R99- Manager contract Re: Approval of Interim City D. Ratification of Planning & Development Board Action: 1. Quantum Park PID DRIA - Quantum Associates - (Quantum Corporate Park) - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of Lot 2 from office/industrial to office/industrial hotel use; Lots 66, 67 -A and 67 -C from office/industrial/hotel to office/industrial/commercial use; Lots 76, 81 and 82 from office/industrial/commercial to ottice/industrial use; and Lots 83, 84, 85, 86, 87 and 88 from office/industrial to office/industrial/amusement and recreation (AR) use 2. Coiltronics, Inc. - Sam Pinson, Rhon-Ernest-Jones - (Lot 15, Quantum Corporate Park north of Gateway Boulevard and west of Quantum Boulevard) - Request for approval to construct a 35,562 square foot, two- story office/warehouse building and .associated parking on 2.56 acres 3. Riverwalk Plaza - Lee Starkey - (1606 S. Federal Highway) - Request for a variance from the City of Boynton Beach Land Development Regulations, 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 6' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district E. Ratification of Code Compliance Board action: a. Reduce the fine in Case #96-3358 - 2431 NE 1st Lane (Lowrie C. & Deloris S. Simon, Property Owners) from $3,000 plus $826.18 administrative costs to $250 b. Reduce the fine in Case #93-1367 - 406 NW th Avenue (L.L. & Ella Lester, Property Owners) from $3,375 to $1,000 3 .Agenda Regular City Commission March 2, 1999 3. Proposed Resolution No. R99- Authorizing the approval for a sole source procurement from Motorola Communications & Electronics, Inc., and authorizing the City of Boynton Beach to commence negotiations for an 800 MHz trunked simulcast radio system 4. Proposed Resolution No. R99- Re: Approving a contract with J&H/Marsh McClennon Inc. (Sedgwick of Florida, Inc.) to serve as insurance consultant for studying the feasibility of establishing a self- insurance program for the health insurance benefits program for City employees (Consulting contract cost not to exceed $18,000) 5. Proposed Resolution No. R99- Manager contract Re: Approval of Interim City D. Ratification of Planning & Development Board Action: 1. Quantum Park PID DRIA - Quantum Associates - (Quantum Corporate Park) - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of Lot 2 from office/industrial to office/industrial hotel use; Lots 66, 67-A and 67-C from office/industrial/hotel to office/industrial/commercial use; Lots 76, 81 and 82 from office/industrial/commercial to office/industrial use; and Lots 83, 84, 85, 86, 87 and 88 from office/industrial to office/industrial/amusement and recreation (AR) use 2. Coiltronics, Inc. - Sam Pinson, Rhon-Ernest-Jones - (Lot 15, Quantum Corporate Park north of Gateway Boulevard and west of Quantum Boulevard) - Request for approval to construct a 35,562 square foot, two- story office/warehouse building and associated parking on 2.56 acres 3. Riverwalk Plaza - Lee Starkey - (1606 S. Federal Highway) - Request for a variance from the City of Boynton Beach Land Development Regulations, 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 6' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district E. Ratification of Code Compliance Board action: a. Reduce the fine in Case #96-3358 - 2431 NE 1st Lane (Lowrie C. & Deloris S. Simon, Property Owners) from $3,000 plus $826.18 administrative costs to $250 b. Reduce the fine in Case #93-1367 - 406 NW 7th Avenue (LL & Ella Lester, Property Owners) from $3,375 to $1,000 3 . Agenda Regular City Commission March 2, 1999 B. Project: Agent: Owner: Location: Descri ption: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrest Boulevard Request for approval for a day care operation within an existing church (Postponed to March 2"d) C. Private Members Only Club Robert Fetrow 1107-1109 North Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club (Postponed to April 6th) D. Public Hearing on Proposed Ordinance No. 099-07 Re: Prohibiting operation of privately owned commercial parking structures in the Central Business District Project: Agent: location: Description: E. Project: Agent: Contract Holder: location: Description: 7 -Eleven at Grove Plaza Donna West. Carnahan-Proctor and Associates, Inc. N. Kent Wilmering. Trustee Southeast corner of Hypoluxo Road and Lawrence Road; Parcel A of the proposed Grove Plaza subdivision Request approval for gas pump canopy fascia design and Development Order amendment to allow proposed height of 20 feet 4 inches VIII. BIDS: IX. DEVELOPMENT PLANS: X. NEW BUSINESS: A. Approve the Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84- 51, and amended in Ordinances Nos. 86-11, 86-37, 88-3. 94-10. 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 1996 (TABLED TO MARCH i"D) 5 . Agenda Regular City Commission March 2, 1999 B. Project: Agent: Owner: Location: Description: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrest Boulevard Request for approval for a day care operation within an existing church (Postponed to March ~d) C. Project: Agent: Location: Description: Private Members Only Club Robert Fetrow 11 07-1109 North Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club (Postponed to April6/h) D. Public Hearing on Proposed Ordinance No. 099-07 Re: Prohibiting operation of privately owned commercial parking structures in the Central Business District E. Project: Agent: Contract Holder: Location: Description: 7 -Eleven at Grove Plaza Donna West, Carnahan-Proctor and Associates, Inc. N. Kent Wilmering, Trustee Southeast comer of Hypoluxo Road and Lawrence Road; Parcel A of the proposed Grove Plaza subdivision Request approval for gas pump canopy fascia design and Development Order amendment to allow proposed height of 20 feet 4 inches VIII. BIDS: IX. DEVELOPMENT PLANS: X. NEW BUSINESS: A. Approve the Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84- 51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes, 1996 (TABLED TO MARCH z-'D) 5 . Agenda Regular City Commission March 2, 1999 B. Ordinances - 151 Reading None C. Resolutions: 1. Proposed Resolution No. R99- Re: Second addendum to the Developer's Agreement for the Marina Project D. Other: 1. Accept the Judge's Final Order for attorney's (plaintiff) fees and costs in the amount of $94,300 in the case Jason Villano v. City of Boynton Beach, et al - Case No. 96-8559-CIV-RYSKAMP, U.S. District Court, Southern District of Florida 2. Discussion regarding Adult Entertainment Ordinance XII. UNFINISHED BUSINESS: 1. Detailed report on minority enterprise program XIII. OTHER: 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, HElSHE 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 EaUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE. PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REaUEST. FINAL - 2/23/99 2:18 PM JMP J:\SHRDA T A \CC\WP\CCAGENDA \AGENDAS\030299.DOC 6 CliY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 2, 1999 I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made IV Tillman I Titcomb IV Tillman III Jaskiewicz* Mayor Taylor* II Denahan* IV Tillman Mayor Taylor II Denahan Mayor Taylor IV Tillman* Board Adv. Bd. On Children & Youth Adv. Bd. on Children & Youth Bldg. Bd. Of Adjustment & Appeals Code Compliance Board Cemetery Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Recreation & Parks Board Recreation & Parks Board Stu/Reg Alt Alt Alt Alt Reg Reg Alt Alt .. Alt Alt III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Length of Term Exoiration Date 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 9/99 1 yr term to 4/99 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 6:30 P.M. TABLED-2 TABLED-2 TABLED-3 TABLED-3 TABLED-3 TABLED-2 TABLED-2 TABLED-3 1. "Breakfast in Boynton" & Green Market - March 6th from 8:00 a.m. to 11 :30 a.m. - Veterans Park 2. Community Caring Center Choir Concert - St. Thomas More Church on Military Trail & Woolbright Road - Sunday, March 7,1999 @ 4:00 p.m. 3. Community Redevelopment Agency Meeting - Monday, March 8th @ 6:30 p.m. in West Wing - Conference Room "C" 4. Neighborhood Summit - Monday, March 8th @ 7:00 p.m. - Library Program Room 1 - --- ------------ .Agenda kegular City Commission March 2, 1999 3. Proposed Resolution No. R99- Authorizing the approval for a sole source procurement from Motorola Communications & Electronics, Inc., and authorizing the City of Boynton Beach to commence negotiations for an 800 MHz trunked simulcast radio system 4. Proposed Resolution No. R99- Re: Approving a contract with J&H/Marsh McClennon Inc. (Sedgwick of Florida, Inc.) to serve as insurance consultant for studying the feasibility of establishing a self- insurance program for the health insurance benefits program for City employees (Consulting contract cost not to exceed $18,000) 5. Proposed Resolution No. R99- Manager contract Re: Approval of Interim City D. Ratification of Planning & Development Board Action: 1. Quantum Park PID DRIA - Quantum Associates - (Quantum Corporate Park) - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of Lot 2 from office/industrial to office/industrial hotel use; Lots 66, 67 -A and 67 -C from office/industrial/hotel to office/industrial/commercial use; Lots 76, 81 and 82 from office/industrial/commercial to office/industrial use; and Lots 83, 84, 85, 86, 87 and 88 from office/industrial to office/industrial/amusement and recreation (AR) use .,. 2. Coiltronics, Inc. - Sam Pinson, Rhon-Ernest-Jones - (Lot 15, Quantum Corporate Park north of Gateway Boulevard and west of Quantum Boulevard) - Request for approval to construct a 35,562 square foot, two- story office/warehouse building and .associated parking on 2.56 acres 3. Riverwalk Plaza - Lee Starkey - (1606 S. Federal Highway) - Request for a variance from the City of Boynton Beach Land Development Regulations, 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 6' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district E. Ratification of Code Compliance Board action: a. Reduce the fine in Case #96-3358 - 2431 NE 1st Lane (Lowrie C. & Deloris S. Simon, Property Owners) from $3,000 plus $826.18 administrative costs to $250 b. Reduce the fine in Case #93-1367 - 406 NW 7th Avenue (L.L. & Ella Lester, Property Owners) from $3,375 to $1,000 3 . Agenda _ Regular City Commission March 2, 1999 B. Project: Agent: Owner: Location: Descri ption: C. Project: Agent: Location: Description: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrest Boulevard Request for approval for a day care operation within an existing church (Postponed to March Z'd) Private Members Only Club Robert Fetrow 1107-1109 North Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club (Postponed to April 6th) D. Public Hearing on Proposed Ordinance No. 099-07Re: Prohibiting operation of privately owned commercial parking structures in the Central Business District E. Project: Agent: Contract Holder: Location: Description: 7 -Eleven at Grove Plaza Donna West, Carnahan-Proctor and Associates, Inc. N. Kent Wilmering, Trustee Southeast corner of Hypoluxo Road and Lawrence Road; Parcel A of the proposed Grove Plaza subdivision Request approval for gas pump canopy fascia design and Development Order amendment to allow proposed height of 20 feet 4 inches VIII. BIDS: IX. DEVELOPMENT PLANS: X. NEW BUSINESS: A. Approve the Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84- 51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes, 1996 (TABLED TO MARCH ~D) 5 Agenda Regular City Commission March 2, 1999 B. Ordinances - 1 sl Reading None C. Resolutions: 1. Proposed Resolution No. R99- Re: Second addendum to the Developer's Agreement for the Marina Project D. Other: 1. Accept the Judge's Final Order for attorney's (plaintiff) fees and costs in the amount of $94,300 in the case Jason Villano v. City of Boynton Beach, et aJ - Case No. 96-8559-CIV-RYSKAMP, U.S. District Court, Southern District of Florida 2. Discussion regarding Adult Entertainment Ordinance XII. UNFINISHED BUSINESS: 1. Detailed report on minority enterprise program XIII. OTH ER: 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, H'ElSHE 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) 742-6013 AT lEAST TWENTY-FOUR HOURS PRIOR TO THE. PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL" 2/23/99 2:18 PM JMP J :\SHROA T A \CC\WP\CCAGENOA \AGENOAS\030299 .OOC 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Description: Request approval for a day care operation within an existing church. (Postponement requested) Attorney Cirullo requested that each postponed item be voted on individually. Motion Mr. Rosenstock moved to postpone the Bible Church of God - Day Care Center Conditional Use as requested. Mr. Friedland seconded the motion. Motion carried 7-0. 3. Project: Agent: Location: Description: Private Members Only Club Robert Fetrow 1107.1109 N. Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club. (Postponement to March 23, 1999 meeting requested) Motion' Mr. Friedland moved to postpone the Private Members Only Club to the March 23, 1999 meeting. Motion seconded by Vice Chair Reed. Mr. Rosenstock noted this was the second request for a postponement and asked Mr. Rumpf if there was some type of regulation regarding continuous postponements. Mr. Rosenstock suggested the item be removed from the agenda and the process should start anew. Mr. Rumpf said that staff received a request from the applicant's attorney that requested a postponement to this date and this has not been a week-by-week request. Mr. Rosenstock asked why it was placed on this week's agenda. Mr. Rumpf said it was just a means of tracking postponed items. Mr. Rumpf said it has also been advertised. . . Mr. Myott said he was anxious to see what is really planned for this particular club and would like to know how it would fit in with the zoning. Mr. Myott was under the impression that the location had a limited non-conforming use expansion and would like a real good description when the report is prepared. Mr. Rumpf stated the building is basically grandfathered and if the non-conformity is not furthered, the building can be expanded. Chairman Wische stated the only matter before the Board tonight was for a postponement and called for a vote on the motion. 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Motion carried 7-0. B. SUBDIVISION Master Plan Modification 1. Project: Agent: Quantum Park PID DRIA Eugene Gerlica, Mock, Roos and Associates, Inc. Quantum Associates Quantum Park Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Owner: Location: Description: Change the master plan land use designation of lot 2 from office/industrial to office/industrial/hotel use; lots 66, 67 -A and 67 -C from office/industrial/hotel to office/industrial/commercial use; lots 76, 81 and 82 from office/industrial/commercial to office/industrial use; and lots 83, 84, 85, 86, 87 and 88 from office/industrial to office/industrial/amusement and recreation (AR) use. Mr. Eugene Gerlica, Agent for the Applicant-, took the podium. Mr. Gerlica stated he resided at 1267 Moonlight Cove, Port St. Lucie, Florida. Chairman Wische stated there were 13 staff comments and requested that the agent only address those_ items they do not agree with or wish to have clarified. Mr. Gerlica stated that the Conditions of Approval contained only six staff comments. Chairman Wische confirmed that there were six staff comments. Mr. Gerlica stated that the Applicant, Mr. Doug McDonald of MFT Development was also present this evening. Mr. Gerlica stated that Mr. Rumpf has done an excellent job in presenting the information. Mr. Gerlica stated they objected to all six comments and said the six comments were limiting the intent of the notice of proposed change and requested that the Board reject the conditions prior to recommendation to the City Commission. Mr. Gerlica said that the information being presented tonight has also been presented to the Florida Department of Community Affairs ("DCA") and the Treasure Coast Regional 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Planning Council for their comments and has provided additional information to them. Also, additional information regarding traffic will also be submitted. Mr. Gerlica stated that Comment #1 discusses the amusement and recreation additional land use and is the only change contained in the notice to the proposed DR!. Mr. Gerlica stated this would be changed on the next revision of the Master Plan to be consistent with the DRlland use of attraction and recreation. Mr. Gerlica stated the only reason they were present this evening with the notice of proposed change to add the attraction and recreation because of an anticipated sale to Muvico Development for a multi-plex, stadium-seating, theater complex with ancillary unique uses. Mr. Gerlica stated that is the only intent for the use of "attraction/recreation". Mr. Gerlica said there were other uses that would fall under the DRI land category and the land is no longer under contract with Muvico and the applicant does not want to limit themselves to a theater complex. The applicant would like to leave the land use issues to the City of Boynton Beach through their use approval process and not condition the Master Plan, which would require the applicant to address DRI Treasure Coast Regional Planning Council and DCH. Chairman Wische stated for clarification that the applicant would like to delete the word "amusement" and substitute the word "attraction". Mr. Rosenstock raised concems and noted that Page 2 of the back-up material clearly states that Muvico was no longer considering Quantum Park for a theater location. Mr. Gerlica stated that there were other multi-screen stadiums in place of Muvico that are interested. Mr. Rosenstock asked why the change was necessary. Mr. Gerlica stated they objected to the further limited condition that it be "unique and special" to that particular area or to the City. Chairman Wische requested that Mr. Rumpf address this issue. Mr. Rumpf stated that since Muvico is no longer a possibility, staff cannot rely upon a known fact of what the use is going to be. Also, this is the first time the use category has been inserted into the Master Plan, and staff does not have a good feel for what that means. Mr. Rumpf stated that the only definition that exists for this type of category is in State law DRI legislation, which talks about the threshold of impact upon the DR!. Mr. Rosenstock asked if the applicant were to place a permanent carnival in that location under the current designation is that possible. Mr. Rumpf said they could not, but Mr. Rosenstock stated under the applicant's request, they could. Mr. Rumpf stated that it would probably fit the "amusement" category. Mr. Rosenstock felt the Board and the City would lose some degree of control as to what specific use could be placed in that location. Mr. Rosenstock asked Mr. Rumpf for his recommendation. 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9,1999 Mr. Rumpf stated that the use approval process is available, but the process has not been tested to its fullest extent since most uses that have come to the Board, staff has been aware of and felt they fit the description of a PID. Mr. Rumpf reiterated the process is available, but it has not been tested. Mr. Rosenstock stated that this Board should withhold approval of this item until Quantum Park comes up with a specific use. Mr. Rosenstock said this would avoid potential litigation and the applicant should be very specific as to the use it is seeking approval of. Mr. Gerlica said this is what they don't like about the condition as written and would like the use approval on those designated lots to be for attraction and recreation, without condition. Mr. Gerlica said that when a proposed buyer comes to the City, they must come before this Board and address the use issue and have it approved on its own merit. Mr. Rosenstock said he did not see this delineated in the applicant's request and could not vote for approval. Mr. Rumpf said that staff does not feel that this condition prohibits what the applicant has stated. Mr. Doug McDonald, President and CEO of Quantum Limited Partners and MFT Development took the podium. Mr. McDonald said they are now dealing with RKO and AMC. Mr. McDonald said he did not want to be put into a situation where staff has control over the uses that they designate for our land. Mr. McDonald said they are presently before Treasure Coast and DCA on this application and it is their intent to get approval from Boynton Beach which would allow them to use the land for amusement and recreation, subject to the City's approval. Mr. McDonald said he did not wish to go back to Treasure Coast and DCA and wants it to stay in Boynton Beach. They now want to put RKO on the land. Mr. Rosenstock asked if the name designation of a movie theater has anything to do with going back to the Treasure Coast. Mr. McDonald said it would be necessary, because it is not an approved use. Mr. Rosenstock said it was approved for Muvico and Mr. McDonald said it was not approved for Muvico. Mr. Rosenstock questioned why the applicant simply did not state they wanted to put in a movie theater. Mr. Rosenstock stated that amusement and recreation has not been defined to the Board. Mr. Rosenstock stated the applicant should not be allowed to put any tYpe of amusement or recreation on what he considers one of the most valuable pieces of property left in the City. Mr. McDonald agreed with Rosenstock and said the applicant was not asking for any specific site plan or use application from the Board. The applicant is asking for the ability to get it approved in a DRI context at Treasure Coast so that they don't have to deal with them anymore. Mr. Rosenstock said he has not heard anything from the Planning Department or the Attorney and until he does, he cannot change his judgment. 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Myott felt that if the application were approved by this Board, it would give Quantum Partners the ability to market the property on a quick turnaround, since there is an accepted use that has been approved by the regional offices. Mr. Myott stated the Board would still have to approve the use and the site plan itself. Mr. Myott stated the Board is simply assisting the applicant with the DRI at the regional level and the Board would still decide whether the use would be acceptable. Mr. Rumpf also stated that the Treasure Coast Regional Planning that administers the DRI process does involve themselves in regional issues to assist in administering a development order and reviewing it. However, when a use is totally local in nature, the Treasure Coast Planning Council would not get involved. Mr. Rosenstock stated until he saw something in writing as to the specific intent of the land, he cannot support the application tonight. Ms. Cleary asked how close is the school to the area in question. Mr. Gerlica pointed out the areas that are owned by the School Board and the proposed attraction and recreation areas and they are located at different ends of the Park. Chairman Wische agreed with Mr. Myott that the intent of tonight's application is to not have to force the applicant to keep going back to the DRI. Chairman Wische felt the City was trying to expedite the development and not hold things back. Chairman Wische asked the applicant to address the next items. Mr. Gerlica stated that Items 2, 3 and 4 address the commercial uses within the Park and the designation changes that have been made. Mr. Gerlica stated that what is being presented tonight is a Master Plan change in anticipation of next week's public hearing for the City Commission's determination that the proposed changes are "not a substantial deviation". Mr. Gerlica stated he believes they have the Treasure Coast Regional Planning Council support and are addressing DCA's request for additional information in detail. Mr. Gerlica said he anticipates that these two agencies will determine that it is not a substantial deviation, except to add the attraction and recreation use to allow the applicant the ability to market those properties to interested movie tn'eater operators. Mr. Gerlica said that the only changes made regarding the commercial use (Items 2, 3 and 4) are the shifting around of use designations for the individual lots. Mr. Gerlica stated that usually a Master Plan is not platted before the uses are identified. Mr. Gerlica said they object to Items 2,3 and 4 because they limit what could be done at the Master Plan level. They feel this is an inappropriate place to do it, and would prefer to do it with the use approval and site plan approval processes at the local level. Mr. Gerlica stated that many of the hotel uses have been moved to the Hampton Inn area 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 because Hampton Inn is under contract to purchase the lot north of their existing hotel and have been given an exclusive covenant for hotel rooms in Quantum Park. Mr. Rosenstock said he does not have a problem with 1, 2 and 3 and would not object to more hotels or office buildings. Mr. Rosenstock is concerned about amusement and recreation and what will be put on the property. Mr. Rosenstock said if there were separate motions delineating Item 4 from the other 3, he would support it. He would not support all four items presented together. Mr. Gerlica suggested that the wording could be changed to state that any attraction and recreation use on the designated lots be subject to specific site plan use approval by the City. Mr. Rosenstock requested the additional wording of "with prejudice" so that the City does not end up in lawsuit. Mr. Gerlica said he did not object to this. Mr. Rumpf said he could not comment regarding potential law suits and felt that any project in Quantum Park is going to have to go through the City's Conditional Use or Site Plan process. Mr. Rumpf said that the City does not expect the Regional Planning Council to look out for the City. Also, Mr. Rumpf said that the Master Plan stage is the best time to review global or conceptual changes in the Master Plan. Mr. Friedland felt that with the addition of the proposed wording, he could make a motion to accept the request for the change. Vice Chair Reed said he is confused on two points. Vice Chair Reed said that the proposed language set forth in Item 1 is more restrictive than what the City has proposed and does not understand the City's objection. With regard to Item 3, Vice Chair Reed does not understand the wording of this item. Mr. Rumpf attempted to explain the wording of this item. First, it attempted to address the loss of the fiscal benefits that were originally perceived when Quantum Park was established and secondly, the external effects of the changes and would they compete with other existing uses within the City. Mr. Rumpf said that they have met with the applicant and have seen some retail envisioned along the corridor. Also, a skating rink has been proposed and is unique to the City. This would fit the criteria. . . Mr. McDonald said they object to any of these items. Mr. McDonald stated that lots 76. 81 and 82 are already zoned commercial. Mr. McDonald stated that the four lots that front on Gateway are also zoned commercial. The balance of the lots is zoned hotel. Mr. McDonald said that they want to move the 9 acres of hotel-zoned land to lot 2, behind Hampton Inn. Also. the applicant wants to eliminate the commercial designations on Lots 82, 81 and 76 because they are already owned by J.P. Morgan and are already industrial uses. The applicant would like to move these 11 acres of industrial zoned land and move that over to the 9 acres that have been vacated by the 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9,1999 hotel designation. Mr. McDonald said that there is no increase in the commercial uses, just moving them around. By doing this, a cohesive 22% acre commercial development would be created instead of being scattered around. It is intended that office and commercial would be along Gateway, the industrial components have been sold and will be developed by J.P. Morgan and that is all the applicant is seeking approval for. Mr. Rosenstock asked where the Mobil station would be located. Mr. McDonald stated on the corner of lot 65E. Mr. McDonald said this would be part of an overall parcel of the development of the 22 % acres. Mr. Rosenstock asked if the Mobil station has been approved and Mr. Rumpf stated applications were submitted today. Mr. Rosenstock asked if the Board could reject the gas station. Mr. Rumpf said this could be done through the use approval process. Mr. Myott noted that Item #5 would have to remain, even if this Board rejected Items 1 through 4 and Item 6. Mr. Rumpf agreed. Mr. Gerlica did not agree. Mr. Gerlica said Quantum Park has been amended eight times and the accumulation of all the changes in the State Statute clearly deem this as a substantial deviation. This is the reasoning for holding a public hearing to show this is not a substantial deviation. Mr. Gerlica said there is a section in the DRI Statute that even if a proposed change to a DRI is by Statute a substantial deviation, Section E, Paragraph 3 states that if there are no regional impacts to the proposed change, then it is not a substantial deviation. Almost every one of the changes through #8 has been approved in this manner. This would be presented at the public hearing to have the City of Boynton Beach, as administrator of the DRI, make the determination of no substantial deviation. Mr. Rumpf stated that it is arguable over who has authority over the DRI and the City looks to the Statutes and the government authority reviews them and makes recommendations to the State. Mr. Rumpf said the City does not review the same information that the State does or the Treasure Coast Regional Planning Council in making their determination. Mr. Rosenstock said if this Board decided what would go in Quantum Park, could the Treasure Coast Regional Planning Council overrule this Board. Mr. Rumpf said it could result in some type of legal situation. Mr. Rosenstock agreed with Mr. Rumpfs assumption. Mr. Gerlica said there were a number of thresholds currently in place on the DRI and is not proposing any modifications to the thresholds. 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Rosenstock said he would agree to the specific items to change the Master Plan, but Mr. Rosenstock would like to have some time to further investigate the situation and said he has not heard a word from the Assistant City Attorney tonight. Mr. Rosenstock said that it is possible the Assistant City Attorney is not familiar with this situation. Mr. Rosenstock said he wants to eliminate Item 4 on Page 1. Chairman Wische said that no matter what, the applicant cannot place anything in Quantum Park unless it comes before this Board. Chairman Wische said he is not afraid of any legal suits and does not understand why this has been brought up. Chairman Wische said this Board has the right to approve or deny anything that is brought before them. Chairman Wische said Quantum Park is a big operation and would not be bringing in anything cheap or chintzy and has no qualms about approving the applicant's request this evening. Mr. Sherman stated that Mr. McDonald was quite clear in his intentions, which are taking some sites that are scattered and putting them in uniformity. Mr. Sherman said that considering the quality of what has been done to date at Quantum Park, he has no fears for voting approval of the applicant's request. Mr. Myott agreed with Mr. Sherman and stated that generally the lots in Quantum Park are small and by joining the commercial uses on Gateway near High Ridge the result would be a higher quality project. Mr. Myott was in favor of longer, but fewer projects along Gateway and is in support of the applicant's request. Ms. Clearly said she had a question with the applicant's definition of the word "recreation". Mr. Gerlica referred to the State use standard which cites the DRI use definition of attraction and recreation as follows: "Any sports, entertainment, amusement or recreational facility including, but not limited to, sports arenas, stadiums, race tracks, tourist attractions, amusement parks and para-mutual facilities." Mr. Rosenstock noted that in this definition the use "amusement park" was included and stated his objection is valid. Mr. Gerlica stated that Mr. Rosenstock has every right to object to this use at the local use approval process. ' . Mr. Friedland said he feels comfortable that the use approvals will be brought back to this Board and feels this Board could pass the request this evening, subject to rewording of the motion. Mr. Gerlica suggested adding the words "use approval" as part of the conditions. Mr. Rumpf said this would not accomplish anything, since all use approvals will go through the use approval process. 11 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9,1999 Mr. Rumpf suggested that the use "amusement park" be excluded. Mr. Myott also said he had a problem with para-mutual and racetracks. Mr. Gerlica suggested that since the document submitted referred to a multi-screen, stadium seating theater complex that that designated DRI land use of attraction and recreation be limited to that. The Board agreed with that being incorporated into the motion. Mr. McDonald said he would not like to limit the use to that because there would be ancillary buildings with the theatre complex including restaurants and requested the addition of "ancillary uses". Chairman Wische declared the public hearing and asked if anyone in the audience wished to speak on the subject. Hearing none, closed the public hearing. Motion Mr. Myott moved to approve the request for a change in the Master Plan for Quantum Park to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of lot 2 from office/industrial to office/industrial/hotel use; lots 66, 67 -A and 67 -C from office/industrial/hotel to office/industrial/commercial use; lots 76, 81 and 82 from office/industrial/commercial to officelindustrial use; and lots 83, 84, 85, 86, 87, and 88 from officelindustrial to office/industrial/attraction and recreation (AR) use, limited to a multi-screen stadium seating theater with appropriate ancillary uses, rejecting staff comments. Motion seconded by Mr. Sherman. Motion carried 7-0. c. SIE PLANS New Site Plan Description: Coiltronics, Inc. Sam Pinson, Rhon-Ernesf..Jones Lot 15, Quantum Corporate Park (north of Gateway Boulevard and west of Quantum Boulevard) Request for-approval to construct a 35,562 square foot, two-story office/warehouse building and associated parking on 2.56 acres. 1. Project: Agent: Location: 12 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Rhon Ernest Jones, Consulting Engineer took the podium and stated he represents the applicant. Chairman Wische asked the agent if there were any staff comments he wished to discuss or needed clarification. Chairman Wische noted there were 21 staff comments. Mr. Jones said they have reviewed the comments and referred to Page 1, Concurrency (b) "Drainage", and stated that all the drainage information has been provided to staff. Mr. Rumpf said there may have been something deficient or may be an oversight that it has been submitted. Mr. Rumpf stated what is most important are the conditions of approval. Chairman Wische stated this was a public hearing and asked if anyone in the audience wished to address this item. Hearing none, Chairman Wische closed the public hearing. Mr. Jones also introduced the architect that was present this evening and referred members the rendering of the site plan for their review. Mr. Rosenstock asked about the landscaping. Mr. Rumpf stated that in Quantum Park there is a combination of on-sight and off-sight landscaping, which is Master Plan landscaping. Mr. Rumpf stated that a combination of these meets or exceeds the basic requirements of the City Code. Vice Chair Reed noted that in the comments some of the existing landscaping would not be replaced. Mr. Jones said that he has visited the site and there is limited existing vegetation, which consisted of some exotics and one or two pines. Mr. Jones said that his landscape architect has worked with staff to review suitable mitgiation for the loss of the one or two pines. Mr. Rumpf stated that was correct. Mr. Rosenstock asked about the size and height of the plants in front of the building. Members were referred to the size and height of the plants, which was contained in their packets. Mr. Rosenstock noted that there were to be 15 live oaks, 12' x 6' in front of the building. Mr. Rosenstock inquired where the Mahogany trees woula be located. Mr. Jones stated that the main shrubs in front of the building are 10' x 10'. Mr. Jones said that the oaks would be 12' in height and 6' in diameter. Mr. Jones stated the mahogany trees would be the same size and Mr. Rumpf pointed out the location of the mahogany trees to the members. Mr. Myott inquired about the painting of the building and was informed that the entire building would be text-co~ted painted. 13 TEC' ~AL REVIEW COMMITTEE MEE AGENDA , .:J TO: TRC Members From: Michael W. Rumpf, Chairman DATE: Tuesday, January 19, 1999 TIME: 8:30 A.M. NOTE: TIME CHANGE FOR MEETING PLACE: Conference Room C, 2nd Floor, West Wing, City Hall 1 . Old Business None 2. New Business Master Plan Modification A. PROJECT: Shoppes of Woolbright PCD - Home Depot Tool Rental Center AGENT: Steven Tate LOCATION: North of Woolbright Road and east of S.W. 8th Street (north of Home Depot) DESCRIPTION: Request for amend the approved master plan to decrease the square footage on future retail and increase the square footage for Home Depot by 2,789 square feet. New Site Plan B. PROJECT: Unisite at Quantum Park AGENT: Andy Zitman, Zitman and Associates, Inc. LOCATION: Optimist Park at Quantum Park, Section 17-45-43 DESCRIPTION: Request for approval to construct a 140 foot communication tower with antennas, equipment, and access road. C. PROJECT: Collier Commercial LOCATION: Scott D. Dyer 409 NE 3rd Street AGENT: DESCRI PTION: Request for approval to construct 49,704 square feet of office/warehouse space in three buildings on 1.14 acres. Conditional Use D. PROJECT: Private Members Only Club AGENT: Robert Fetrow Page 2 TRC Meeting Agenda January 19, 1999 LOCATION: 1107-1109 N. Federal Highway DESCRIPTION: Request for approval to adaptively reuse an existing vacant building for a private club. New Site Plan E. PROJECT: Ocean Avenue Promenade Shops AGENT: Robert Currie LOCATION: East Ocean Avenue DESCRIPTION: Request for approval to construct a 59,429 square foot office/retail project using both existing buildings and new construction with associated parking on 1.36 acres of land. 3. Other Business None 4. Comments by members 5. Adjournment J:ISHRDA TAIPLANNING\SHARED\WPIAGENDASITRCIAPPITRC - 19991TRC 1/19/99. DOC