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Minutes 05-04-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, I~IAY 4, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - IVlayor Gerald Broening B. Tnvocation - Pastor Charles E. Brannon - Gateway Community Church C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Broening called the meeting to order at 6:31 p.m. Following the invocation, Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Denahan requested the addition of a regular appointment to the Advisory Board on Children and Youth for Vice Mayor lillman. 2. Adoption Commissioner Denahan moved approval of the agenda as amended. Commissioner Weiland seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date I Weiland Children & Youth Advisory Board Alt i yr term to 4/00 TABLED(3) III Sherman Children & Youth Advisory Board Stu/NonVoting i yr term to 4/00 TABLED(3) Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 TABLED(3) I Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 TABLED (3) II! Sherman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 TABLED(3) TV Tillman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 TABLED(3) III Sherman Cemetery Board Reg 3 yr term to 4/02 TABLED(3) IV Tillman Cemetery Board Alt i yr term to 4/00 MEET'rNG M'rNUTES REGULAR CZTY COMMZSS'rON BOYNTON BEACH,, FLORIDA MAY 4~ 1999 IV Tillman Code Enforcement Board Alt i yr term to 9/99 TABLED(3) III Sherman Community Relations Board Reg 3 yr term to 4/00 TABLED(3) Mayor Broening Community Relations Board Alt i yr term to 4/00 TABLED(3) IV Tillman Community Relations Board Alt i yr term to 4/00 TABLED(3) III Sherman Education Advisory Board Reg 2 yr term to 4/01 TABLED(3) IV Tillman Education Advisory Board Reg 2 yr term to 4/01 TABLED(3) I Weiland Education Advisory Board Alt i yr term to 4/00 TABLED (3) III Sherman Education Advisory Board Stu i yr term to 4/00 TABLED(3) IV Tillman Library Board Reg 3 yr term to 4/02 TABLED(3) III Sherman Library Board Alt i yr term to 4/00 TABLED(3) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/01 TABLED(3) Mayor Broening Recreation & Parks Board Alt i yr term to 4/00 TABLED(3) IV Tillman Recreation & Parks Board Reg 3 yr term to 4/02 TABLED(3) IV Tillman Senior Advisory Board Alt I yr term to 4/00 TABLED(3) Mayor Broening Senior Advisory Board Alt I yr term to 4/00 TABLED(3) I Weiland Senior Advisory Board Reg 2 yr term to 4/01 III Sherman Firefighters' Pension Board Reg 2 yr term to 4/01 TABLED(3) The following appointments were made: · Commissioner Sherman appointed David Nyquist as a regular member of the Cemetery Board. · Commissioner Sherman appointed Hansome Jones as a regular member of the Community Relations Board. · Commissioner Weiland appointed Christine Wilson as a regular member of the Senior Advisory Board. Motion Commissioner Sherman moved to approve the appointments and table all remaining appointments. Vice Mayor Tillman seconded the motion that carried 5-0. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: MEETZNG MTNUTES REGULAR CTTY COMM1'SS'rON BOYNTON BEACH~ FLORZDA MAY 4~ 1999 a. Municipal Clerks Week - May 2 - May 8, 1999 Mayor Broening read a Proclamation declaring the week of May 2® through May 8th as Municipal Clerks Week. He presented the Proclamation to City Clerk Sue Kruse. b. National EMS Week - May 16 - May 22, 1999 Mayor Broening read a Proclamation declaring the week of May 16t~ through May 22® as National EMS Week. He presented the Proclamation to Fire Chief William Bingham. Chief Bingham thanked the City Commission for the opportunity to showcase the new equipment that was on display outside of City Hall. He urged everyone to participate in a mass CPR class that would be held on May 22nd at Palm Beach Atlantic College. 2. Recognition of Great American Clean-up Participants At the podium, Mayor Broening and Hank Ackermann, Neighborhood Project Specialist recognized the groups that participated in "The Great American Clean-up". He advised that every individual would receive a certificate at a later date. The recipients were as follows: Community Relations Board & Advisory Board on Children & Youth with special recognition to Megan Fisher and Joelle St. John Boy Scout Troop 395 Boynton Beach Rotary Club St. Joseph's Episcopal School Students Micheline Many Group Code Compliance Boynton Beach Fire Rescue Explorers 2397 and Boynton Beach Fire Rescue Boynton Beach Police Explorers and Boynton Beach Police Department Rolling Green Neighborhood Association Greater Ridgewood Hills Association Laurel Hills Association Quail Run Association Inlet Cove Association Inlet Cove Association was recognized for having the greatest participation of the neighborhood associations and their name will appear on a plaque that will be displayed in City Hall. Interim City Manager Hawkins thanked Hank Ackermann and the community for the great job that was done. I'V. CONSENT AGENDA: Commissioner Weiland requested that Item D.2 be removed from the agenda for discussion. MEETt'NG MTNUTES REGULAR C'rTY COMM1'SSTON BOYNTON BEACH~ FLORZDA MAY 4, 1999 A. Minutes: 1. Regular City Commission Meeting of April 20, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Extend the "PIPE FI'ITINGS AND ACCESSORIES" bid for an additional one (1) year period to Ferguson Underground, Inc. and SEMSCO with an estimated annual expenditure of $200,000 Award sole source contract to have two residential recycling trucks retrofitted with load packing panels at a cost of $22,800. Extend the "ANNUAL CONTRACT FOR CUSTODIAL SERVICES FOR VARIOUS PARKS" for an additional period, not to extend beyond October 1, 1999, to Brown's Cleaning Service in the amount of $22,540. Award the bid for "TWO YEAR CONTRACT FOR AQUATIC PLANT CONTROL" to Weed Control with an annual expenditure of $7,800. Resolutions: Proposed Resolution No. R99-56 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of April 15, 1999 Authorization to expend $3,677.20 to replace filters in lime storage building; Authorization to expend $5,000 to replace lime slaker transfer pump, gear boxes and install 2 1/2" PVC pump line and valves to replace existing 2" line; Authorization to expend $3,500 to furnish and install coolant for emergency generator; Authorization to expend $2,500 to replace filter flames in both aeration blower filter housings; Authorization to expend $6,500 to replace main entrance swinging gate with key pad activated 6 x 24' rolling gate. Proposed Resolution No. R99-57 Re: Approval and execution of an amendment to the Financial Assistance Agreement for Gateway Boulevard from Seacrest Boulevard to the FEC Railroad between the City of Boynton Beach and Palm Beach County. Proposed Resolution No. R99-58 Re: Approval of full release of surety in the amount of $9,700 for the water and sewer improvements at the project known as Santa Cruz. MEET'rNG M'rNUTES REGULAR CTTY COMMI'SS'rON BOYNTON BEACH,, FLORZDA MAY 4~ 1999 Proposed Resolution No. R99-59 Re: Approval of Water Service Agreement outside the city limits for Seventh Day Adventist Church to be located at Military Trail and the L-30 Canal. Proposed Resolution No. R99-60 Re: Acceptance of staff application for the 1999/2000 Children's Services grant in the amount of $46,052 for the Boynton Beach Latchkey Afterschool Program. Proposed Resolution No. R99-61 Re: Approval of facility rental agreement between the City of Boynton Beach and Palm Beach Community Duncan Theatre for the children's dance recital. Proposed Resolution No. R99-62 Re: Approving work authorization No. 7 for Camp Dresser and McKee, Inc. to develop a Stormwater Master Plan for the swale areas in the City. Proposed Resolution No. R99-63 Re: Approve landscaping agreements for the 1-95 overpass medians on Woolbright Road and Gateway Boulevard D. Ratification of Planning & Development Board Action: Mobil Station at Quantum Park PID - Southwest corner of Gateway Boulevard and High Ridge Road - Request the list of approved uses for the Quantum Park PID be amended to include gasoline sales with convenience store and car wash [/',4Zi'££D4/20/.~,~) MFT Development, Inc. - Lot #58, Quantum Lakes Drive in Quantum Park - Request site plan approval to construct a 51,556 square foot office building in two phases on 4.93 acres. At Commissioner Weiland's request, Item IV-D.2 was removed from the Consent Agenda for discussion. E. Approval of Bills Acknowledgement and support of the city's donation made to the students of Palm Beach County through the Total Community Satisfaction (TCS) Showcase. Declaration of the Surplus Vehicle/Equipment List as submitted by staff and approving sale. Approval of Special Event Permit Request for Bethesda Hospital's Employee Beach Bash on May 15, 1999, subject to approval from the Dept. of Environmental Protection and tent inspections by city officials. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA MAY 4, Z999 Motion Commissioner Denahan moved to approve the Consent Agenda as amended. Commissioner Weiland seconded the motion that carried unanimously. When the discussion moved to Item 1V-D.2, Commissioner Weiland realized that he wanted to discuss Item XI.D.2. Motion Commissioner Denahan moved approval of Consent Agenda Item IV-D.2. Vice Mayor-~llman seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: None VT. PUBL'rC AUDIENCE: Lawrence Scheffer, 2697 Sandpiper Way, distributed invitations to the American Heart Association Spring Gala to be held on May 15th at Benvenuto's. Mary McCarty will serve as emcee and Jennifer Ross will be present. There will be $50,000 in items available for a silent auction. He urged the Commissioners to attend. .lim Miriana, 728 NE 8th Avenue, complained about the new large trash containers blocking vehicular access on his street. He requested that the Commission address this issue. Bruce Black, 229 SW 1~ Avenue, expressed concerns about the drug dealing that is ongoing in the area of the E-Z Mart on Martin Luther King, Ir. Boulevard and Seacrest Boulevard. He said crack dealers approach him almost daily. The Police cannot arrest these people unless they see the drugs. E-Z Mart is within :LO0 yards of Poinciana School. He urged the Commission to address this issue to eliminate this problem. He pointed out that no one would want to invest money in this area when this situation exists. Mr. Black further asked whether or not a special fund has been established containing the savings the City realized as a result of the early retirement program. He questioned whether we really saved that money and whether it is available for use. Mike McCray, 806 NW 4th Street, asked if a contract for summer employment for youth has been assigned. He also asked for a status report on the search for a new City Manager. Sunny Garcia. Vice President of Rollinq Green Neighborhood Association, said he has lived in his home for 15 years and his street has never been repaved. He questioned when his street would be repaved. MEETING MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORIDA MAY 4~ 1999 Mr. Hawkins advised that a schedule for repaving is developed on a yearly basis using a formula that includes the age and condition of the streets. Mr. Hawkins said the Public Works Director could advise Mr. Garcia where his street falls on that list. Ed Tedtmann, 869 NW 8th Avenue, added his concern about the E-Z Mart property being a nuisance and having nothing done about it. When he asked about ownership of the property, Mayor Broening recommended he visit City Hall to get that information. Tn response to Mr. Tedtmann, Mayor Broening also explained that this corridor is part of the Visions 20/20 Plan. VZZ. PUBL?C HEARING: Attorney Cherof administered the oath to all that would testify during the Public Hearing proceedings. Project: Agent: Owner: Location: Description: Stor-AII Mini-Self-Storage Facility Kilday & Associates, :[nc. Knuth Road Associates Southeast corner of Knuth Road & Old Boynton Road Request approval to rezone 3.5 acres from Planned Commercial Development (PCD) to C-1 (Office/Professional) and for conditional use for an 86,400 square foot, 750 unit limited-access mini-self-storage facility. Lindsey Walter, representing the applicant, said this is the last part of a two-year process to allow a storage facility at this location. He displayed drawings indicating the location and appearance of the facility. Mr. Walter explained that there would be an access on Old Boynton Road and an exit-only on Knuth Road. :[t will be a two-story limited-access storage structure with one central entry for pedestrians. A driveway that narrows to 20' with a security gate on Knuth Road guarantees the one-way entry. Mr. Walter advised that all conditions of approval were acceptable to the applicant. When Vice Mayor Tillman asked how this project fits into the rezoning of the land in the future. Mike Rumpf, Planning & Zoning Director, advised that it would not affect future use of the land. The zoning is comparable and the land use remains the same. The Zoning Code was changed to accommodate this use in an area that is close to residential, commercial and office uses. Therefore, the intent was to allow this use in C-1 zoning. Commissioner Sherman requested clarification of Condition #6 that deals with a wall or screening. IVlr. Walter advised that the applicant was requested to provide a screen. There is a natural preserve existing at the present time. The applicant intends to leave that area as is. They will provide a hedge and trees on the south property line and on the south side of the drive there will be a chain-link fence. MEETZNG MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORZDA MAY 4, 1999 Motion Commissioner Denahan moved to approve the Stor-AII project. seconded the motion that carried unanimously. Commissioner Sherman Project: Agent: Owner: Location: Description: Mobil Gasoline Station Anna S. Cottrell & Associates and Houston Cuozzo Group, Tnc. Quantum Partners LTD Southwest corner of Gateway Boulevard & High Ridge Road Request approval for conditional use for a gasoline station with convenience store and car wash. Anna Cottrell, Planner and Agent for the aoolication, reported that this is a site within Quantum Park. This application received a recommendation of approval from staff and the Planning & Development Board. This is a typical design with retail gas sales and convenience store. This project will be for the convenience of employees and users of Quantum Park and will take advantage of pass-by traffic without generating additional traffic. All conditions of approval are acceptable. However, clarification of Condition #16 was required. Condition #16 reads as follows: "The permit for the canopy shall not be issued until the existing sign easement is reconfigured so that the canopy does not encroach into the easement, or canopy moved outside of easement." Ms. Cottrell advised that this condition relates to a sign easement and it requests that they reconfigure it or redesign the site plan. There is an encroachment of the canopy into a sign easement. As discussed at the Planning & Development Board meeting, the easement permits this. The applicant has a copy of the easement and a letter from Quantum and would like Condition #16 deleted or amended so that once the documentation is accepted by staff, the encroachment would be allowed and the building permits issued. Mr. Rumpf said he discussed this with the applicant and there was an assumption that it be approved subject to the consent of the property owner. He requested that the applicant submit a copy of the easement and verification from the property owner that this is allowed. Mr. Rumpf said this is an exception because it is not a utility easement. He concurred with the request and recommended that condition be modified. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Lee Wische, 1302 SW 18th Street, confirmed that this issue was discussed at the Planning & Development Board meeting and their recommendation was to delete this condition. Motion Commissioner Sherman moved that we approve the Mobil Station at Quantum Park at the southwest corner of Gateway Boulevard and High Ridge Road (a portion of Lot #65-B) to MEE'I'~NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLOR]:DA MAY 4, 1999 construct a 3,701 square foot gas station/convenience store with a car wash on 1.13 acres. Vice Mayor Tillman seconded the motion. Attorney Cherof recommended that the motion reference the modification of Condition #16 as stated by staff. Commissioner Sherman agreed that the motion included the modification of Condition #16 and the approval of conditions as made by staff. Vice Mayor 'l~llman seconded the amended motion. The motion carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Community Redevelopment Agency Membership Vice Mayor Tillman expressed surprise that this item was included on the agenda. He reminded the Commissioners that lengthy discussions have taken place regarding the membership of the CRA. This Commission is moving forward with the Visions 20/20 Plan. There was agreement that the Commission would act as the CRA and once plans got underway, the Commission would move toward adding membership. Vice Mayor Tillman felt it was premature to think about adding members at this time. He felt this issue had been settled overwhelmingly and he was appalled that it appeared on the agenda. Vice Mayor Tillman recommended that the Commission focus on the plan that was in place. He felt adding membership at this time would be deceptive and destructive. Commissioner Weiland did not feel the City was moving forward with the CRA because it meets only once a month and not much happens at that time. He believes it is necessary to add people to the board. The addition of a CRA director, either from outside or in-house, could help to move things forward. He felt a discussion about adding people was necessary. Commissioner Denahan said there was a consensus of the board during the last meeting that there was a need for expertise and leadership in the CRA. That led to a consensus for placing this item on this agenda. Commissioner Denahan said that if it is the desire of the Commission to follow the plan, then it is appropriate to consider expanding the CRA. This Commission is on schedule with the time line suggested by the previous Commission. She recommended that a profile be identified that clearly defines the credentials prior to any consideration. If it is the will of the Commission to expand the CRA, additions should be made with specific knowledge and expertise to facilitate implementation of the existing development projects. Two benefits would include additional technical expertise and potential identification of issues early on to MEE'I'~NG MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORIDA MAY 4~ 1999 prevent delays. Commissioner Denahan recommended that the credentials be defined. Pertinent background could include a Boynton taxpayer with no vested interest in the CRA boundaries, a professional with real estate savvy, a professional banker or financier, urban planner, architect, attorneys, professionals with government redevelopment experience or someone with previous CRA expertise and a proven developer with a track record and sterling reputation. Vice Mayor Tillman said the hiring of a director would require the expenditure of funds. This City is not in a position to spend funds when it does not know how much money the CRA is going to generate. Vice Mayor Tillman believes that it would be necessary in the future to add people and possibly a director. However, this is not the time to do it because we do not have the funding available. The money that is available in the CRA now is earmarked for specific projects. Adding a director and new members would also require support staff. Those positions are not funded and we have not identified a funding source for this. He recommended getting this going before adding these members. He said the community needs fiscal sound practices from the Commission. Commissioner Denahan recalled the previous discussion regarding board appointments - not paid positions. Mayor Broening said this Commission has only been seated for 11/2 months. The intention of the CRA workshops was to provide the new members of the CRA with specific information on where we are, what our options are, the relationship to the City Commission, and the status of the CRA. Not all of the questions have been answered. The new Commission reviewed the plan put forth by the previous Commission with respect to the goal of an independent CRA at some point in the future. Mayor Broening agreed with Vice Mayor Tillman's sensitivity to the money issue. Mayor Broening does not believe it is time to hire a CRA Director and staff or to spend any money other than what is currently being spent. This City cannot afford additional expenditures and we do not know what the expanded CRA will bring in. The Commission needs to proceed very carefully in this regard. Mayor Broening requested that the Commission endorse the plan as presented by the previous Commission and proceed from that point. Motion, Vice Mayor Tillman moved that the sitting Commission endorse the previous plan set down by the previous Commission. Commissioner Denahan requested that Attorney Cherof clarify the meaning of "endorsing the previous plan". Attorney Cherof advised that this would be a ratification by this Commission that they would continue on in the same manner that the previous Commission dictated. This Commission will follow that process or time line and not deviate from that direction at this time. Commissioner Sherman seconded the motion that carried 3-2. (Commissioners Denahan and Weiland dissented.) 10 MEETI'NG MZNUTES REGULAR Ct'TY COMMTSSZON BOYNTON BEACH~ FLORIDA MAY 4~ 1999 XT. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEAPING None B. Ordinances - 1st Reading Proposed Ordinance No. O99-12 Re: Amending the Future Land Use Map of the Comprehensive Plan from Low Density Residential to Local Retail Commercial for the Robert Katz Historic House Attorney Cherof read Proposed Ordinance No. O99-12 by title only. Motion Vice Mayor Tillman moved to approve. Commissioner Sherman seconded the motion. Clerk Sue Kruse polled the vote. The vote was unanimous. City Proposed Ordinance No. O99-13 Re: Rezoning from R-1-A to C-2 to allow for adaptive reuse of historic home and parking facilities for the Robert Katz Historic House Attorney Cherof read Proposed Ordinance No. O99-13 by title only. Motion Vice IVlayor Tillman moved to approve. Commissioner Sherman seconded the motion. Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. city Accept the settlement with plaintiff in the amount of $13,500 in the case of IVlaria R. Woodring & Kenneth L. Woodring v. City of Boynton Beach, et al Chuck Magazine, Risk Manager, advised that this was a court-ordered settlement. This case involved an incident whereby one of the Police Officers was involved in a chase and struck a vehicle. MEETING MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORZDA MAY 4~ 1999 Motion Vice Mayor Tillman moved to approve the settlement. Commissioner Denahan seconded the motion that carried unanimously. 2. Ratification of Code Compliance Board Action: Recommend reducing the fine in Case #96-2984 (859 NW 8m Avenue) for Paul and Jean Teresi from $24,575 plus administrative costs to $730.15. Scott Blasie, Code Compliance Administrator, had nothing additional to add to the back-up that was provided. When Commissioner Weiland requested clarification of the amount of the fine, Mr. Blasie explained that the fine was in the amount of $24,575 plus administrative costs. The Code Compliance Board recommended reducing the fine to $730.15. Mr. Blasie said this property was being foreclosed and a Summary Judgment Hearing had already taken place. That is the reason why this request was expedited. Commissioner Weiland pointed out that if the Commission reduces the fine in every case, it will make the job of the inspectors more difficult because the people will not comply until foreclosure knowing that the fine will be reduced at that time. He recommended that a motion be made to reduce the fine to administrative costs plus a portion of the fine. Mayor Broening felt that if the Commission was looking for punishment, $24,575 would be a good number. However, if we want a better-looking City, $730.15 is fair. He feels the City should be seeking compliance - not punishment and people should be rewarded for that compliance. The new buyer has worked feverishly to bring the property into compliance. This property will be owner-occupied. Motion Vice Mayor Tillman moved approval of the recommended fine reduction to administrative costs. Commissioner Sherman seconded the motion. Commissioner Denahan pointed out that she regularly objects to fine reductions. However, in this case, there were extenuating circumstances. Based on the testimony and evidence presented at the board meeting, the family was unaware of the proceedings that were going on. Tn this case, she agrees with the recommendation of the board. Commissioner Weiland explained that he is not trying to punish anyone. However, he does not believe a precedent should be set. Each case must be judged on an individual basis. He is anxious to see this house occupied. He said he would support the motion if the Mayor and Commissioners feel it is in the best interest of the City and its residents to reduce this fine to $730.15. MEE'I/NG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MAY 4, 1999 The motion carried unanimously. XII. UNFINISHED BUSINESS: None XIII, OTHER: None XIV. AD3OURNMENT: The meeting adjourned Al-rEST: at 7:50 Vi<~e Mayor Commissioner Cit~lerk 5/6/99 3:34 PM Commissioner Commissioner ]3 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Stor-AII APPLICANT'S ADDRESS: Knuth Road Associates 1551 Forum Place Suite 100 West Palm Beach, FL 33401 DATE OF CITY COMMISSION PUBLIC HEARING: May 4, 1999 TYPE OF RELIEF SOUGHT: Rezoning from PCD to C-1 (REZN 99-001 ) LOCATION OF PROPERTY: Southeast corner of Knuth Road and Old Boynton Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other ~ /Dj~. Cit~'~;l~k J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Stor AII\REZRI 9~bI301\DE~E'~OPMENT ORDER-zncv.doc EXHIBIT "C" Conditions of Approval Project name: Stor-All File number: REZN 99-001 Reference: Application dated February 23, 1999. 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 ZON1NG Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS 2. None. X ~J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STOR ALL\REZN 99-001\COND. OF APPR.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 58 APPLICANT'S AGENT: Winston Lee / Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Rd, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Quantum Lakes Drive (Quantum Park PID, Lot 58) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA'I-I-ER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other [' /~Oa~City Clerk J:~SHRDATA\Planning\SHARED\WP~PROJECTS\QUANTUM LOT 58\DEVELOPMF~LT~3RDER£ NWS~,~Joc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Quantum Park - Lot 58 File number: NWSP 99-005 Reference: The plans consist of 5 sheets identified as 2nd Review, New Site Plan. File # NWSP 99-005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach. Place note on dumpster detail to indicate same. UTILITIES Comments: 2. LDR chap. 6, Article IV, Sec. 16 requires that all points on each building X will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by adjusting hydrant locations as needed. FIRE Comments: 3. No part of any structure shall be more than 200 feet from a hydrant. X Show Fire Department connection location. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. All plans submitted for specific permits shall meet the City's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 5. Add a note to the Paving and Drainage plan stating that all proposed X storm drainage structures and pipes in Phase H will be constructed with Phase I. 6. Add a note to the Wastewater and Water plan stating that all proposed X water and sewer lines in Phase II will be constructed with Phase I. Page 2 QUantum Park - Lot 58 File No.: NWSP 99-005 DEPARTMENTS I r cL E I P J CT 7. Remove proposed median cut on QuantUm Lakes Drive and install X "Right Turn Only" sign at exit, or close existing median opening to the east at Lot 59 and replace with proposed opening. Proposed opening is too close to existing opening at lot 59 to ensure safe and proper design. The existing median opening at lot 59 should be moved to the eastern end of lot 59 if properly designed with adjoining intersection. This relocation should be done in conjunction with the ultimate development of lot 59. (MUTCD) BUILD1NG DEPARTMENT Comments: 8. Identify the finish floor elevation of the buildings within the footprint of X the buildings that are illustrated on the Floor & Roof Plan. Provide notes, measurements and computations on the site plan or floor plan that verifies the proposed finish floor elevation is in compliance with the minimum standards. Verify that the finish floor meets the minimum elevation required by the flood zone that the project is located within. Verify that the £mish floor meets the minimum elevation that is required by the South Florida Water Management District permit for the overall project. Also, verify that the elevation of the finish floor is not less than six inches above the crown of the abutting rights-of-way. 9. At time of permit review, indicate within the occupancy classification X and type of construction note found on the Floor & Roof Plan drawing the number of stories and total floor area of each building. The building area, number of stories, occupancy classification and type of construction shall comply with the specifications identified in the Building Code. 10. Amend the site sign detail drawing to comply with the color X specifications listed on the approved sign program. 11. Indicate on the paving and drainage plan the elevation of the finish X surface at each accessible parking space. Where the accessible route to the building from the accessible parking spaces is not specified on the plans as flat or level, show, dimension and label the below listed accessible route components on the plans. The illustration of the accessible route components shall verify that the difference in elevation from the accessible parking spaces to the finish floor at each tenant space is in compliance with the Accessibility Code for Building Construction. Location, design and width of curb cuts. .Page 3 Quantum Park - Lot 58 File No.: NWSP 99-005 DEPARTMENTS iNCLUDE REJECT Identify the location, width, slope, cross slope and length of portions of the route that have a slope that is less than 1:20 (ex: 1:21). Identify the location, width, and slope, cross slope and length of ramps. The Accessibility Code states that surfaces are considered ramps when they have a slope that is greater than 1:20 (ex: 1:19). Identify the location, width, length, and slope and cross slope of all landings that are required at the top and bottom of each ramp and at the building entrance. The Accessibility Code considers surfaces with a 1:50 slope as level. The 1:50 slope is acceptable for the landings that are required at ramps and the level surface that is required at the Accessible entrance to a building/tenant space. Where the Accessibility Code indicates a handrail is required, show and label them on the drawing. Also, provide detail drawings depicting height and shape of the handrails. Show and identify the shape and slope of thresholds that are used at the accessible entrances. Identify the type of material and type of finish surface that is proposed for the accessible route 12. Please note that compliance with the site lighting regulations is evaluated X at time of permit review. 13. At time of permit review, a current survey is required. Add to the site X plan all easements shown on the survey. Where applicable, amend the plans so that structures do not encroach into an easement. 14. To efficiently move from site plan approval to permit review, it is X recommended that the permit applicant and contractor contact a Plans Analyst in the Building Division of the Development Department to obtain a permit submittal checklist. 15. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST I ] Page 4 Quantum Park - Lot 58 File No.: NWSP 99-005 PLANNING AND ZONING Comments: 16. All plans shall be signed and sealed at the time of building permit X submittal. 17. Provide the following information in the site plan tabular data (Chapter X 4 Sec. 7 Par E): Parking calculations to include number of employees Setback chart Loading requirements (Chapter 2 Section 11 Par J2). PID open space requirements (Chapter 2 Section 7 Par H.3). 18. Provide the required loading area, unobstructed and screened, or add X note indicating that all delivery or related vehicles can be accommodated by typical parking spaces. 19. Plans must be approved by the Quantum Park Architectural Review X Board prior to site plan approval. 20. Colored rendering shows foundation planting along from faCade. X 21. Identify the maximum square footage allocated to each reserved sign X space to show compliance with maximum allowed by code and to ensure that the maximum square footage is not exhausted prior to buildout. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 22. Delete comment #5. X 23. Delete comment #6. X 24. Delete comment # 7. X ADDITIONAL CITY COMMISSION COMMENTS 25. None X MWR/jmaYdim \\CHXMAIlq~HRDATAkPLANN1NG\SHARED\WPkPRO JECT S\QUANTUM~QUAIqTUM PARK LOT 5 8XR, ND REVIEW COMMENTS.DOC PROJECT NAME: Mobil Station at Quantum Park PID (USAP 99-002) APPLICANT'S AGENT: Michelle Coward APPLICANT'S ADDRESS: 712 US Highway 1 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 1999 TYPE OF RELIEF SOUGHT: Conditional Use Approval LOCATION OF PROPERTY: Southwest corner of Gateway Blvd. and High Ridge Rd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: .-,~"- 7- <~c~ ~ ~. (~~ City Clerk J:~SHRDATA\Planning\SHARED\WP\PROJECTS~MOBIL AT QUANTUM~COUS\Develop. OrELSI'~oc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Mobil Station at Quantum Park File number: COUS 99-002 Reference: 2nd Review, Conditional Use. File # COUS 99-002 I DEPARTMENTS I iNCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach 2. Proper access and circulation of front-end loaders is contingent upon X ingress/egress from south driveway. UTILITIES Comments: X 3. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your HRS permit submittal. 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expect demand. FIRE Comments: 5. No part of a structure shall be more than 200' from a hydrant. A flow test X is required. LDR 6-16. POLICE Comments: None X ENGINEERING DIVISION Comments: 6. All plans submitted for specific permits shall meet the City's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits require from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD. DEP and any others shall be included with your permit request. Page 2 File Name Mobil Station at Quantum Park File No.: COUS 99-002 DEPARTMENTS INCLUDE I REJECT 7. Provide an engineer's certification in writing that drainage will conform X with all rules, regulations, codes, etc. including, but not limited to Chapter 6, Article IV, Section 5 of these Land Development Regulations. [LDR Chapter 4, Section 7.F.2.] BUILDING DIVISION Comments: 8. To properly identify setbacks from the north property line, show the X setback dimension measured perpendicular from the property line. 9. Correct the proposed setback dimension from the east property line to the X east side of the convenience store. The plan reads five (5) feet. 10. Provide notes, measurements and computations on the site plan or floor X plan that verifies the proposed f'mish floor elevation is in compliance with the minimum standards. The finish floor shall meet the minimum elevation required by the flood zone that the project is located within and minimum elevation required by the South Florida Water Management District permit for the project. Also, verify that the elevation of the finish floor is not less than six inches above the crown of the abutting rights-of-way. 11. At time of permit review, indicate on the site plan or floor plan drawing the X occupancy classification and type of construction proposed for each building. The occupancy and type of construction shall comply with the specifications identified in the Building Code. Also, indicate the number of stories that are in each building. 12. To verify that the wall signage illustrated on the elevation view drawings of X the convenience store, canopy and car wash are in compliance with the limits of the Sign Code, add dimension lines and dimensions to identify the size of the signs. 13. The height of the proposed monument sign exceeds the maximum height X specified in the approved sign program. Reduce the height of the sign to comply with the regulations of the sign program. The submitted plans indicate that the monument sign is to be internally illuminated. However, the sign program depicts monument signs without internal illumination. Change the plan to indicate that the sign is not internally illuminated, or modify sign program accordingly. 14. The maximum wall sign area that is allowed for all three structures X (car wash, convenience store and canopy) is determined by multiplying the total combined length of the building frontage of the car wash structure and the convenience store building by 1.5. Amend the Page 3 File Name Mobil Station at Quantum Park File No.: COUS 99-002 DEPARTMENTS I NCLtJDE I REJECT computations and size of the wall signage to comply with the regulations specified in the code (note: see definition of building frontage). 15. On the site plan sheet 1 of 1, identify the distance between each structure X (car wash to canopy and canopy to convenience store). The distance shall comply with Section 7.H. 15 of Chapter 2 of the Zoning Code. 16. The permit for the canopy shall not be issued until the existing sign X easement is reconfigured so that the canopy does not encroach into the easement, or canopy moved outside of easement. 17. Place a note on the site plan at the existing sign indicating that the sign is X non-conforming with respect to setbacks. 18. To efficiently move from conditional use approval to permit review, it is X recommended that the permit applicant and contractor contact a Plans Analyst in the Building Division of the Development Department to obtain a permit submittal checklist. 19. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 20. All plans shall be signed and sealed at the time of permit submittal. X 21. Show both building and canopy heights in the site data tables. X 22. Submit a colored graphics board showing all building elevations, colors X and materials. Ch.4 Sec.7 Par. D.2 23. Label and dimension all buffers on the site plan and landscape plan. Ch.4 X Sec.7 Par. A, Ch.a7.5 Art. II Sec.7 Par.D. 1 24. Unless a time extension is granted, a minimum of 25% of the total costs of X the improvements must be completed within 1 year of approval to maintain conditional use approval. 25. Although plan note indicates that all roof-top equipment to be screened X from view, proper screening is not shown for the square-shaped vent Page 4 File Name Mobil Station at Quantum Park File No.: COUS 99-002 DEPARTMENTS INCLUDE REJECT centered on the south side of the main building. Remove or screen accordingly. 26. Project must be approved by the Architectural Review Board for Quantum X Park prior to site plan approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 27. Lighting not exceed 60 foot candles. X ADDITIONAL CITY COMMISSION CONDITIONS 28. Modify comment #16 to read: "Obtain consent from grantor of the non- X exclusive sign easement for the encroachment required to construct gas pump canopy as proposed on plans." MWR:dim J:\SHRDATA'xPLANNING~SHARF~\WPXPROJECTSX2vIOBIL AT QUANTUM~COUS~2ND REVIEW COMMENTS.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, ELORIDA PROJECT NAME: Stor-AII APPLICANT'S AGENT: Kieran J. Kilday, Kilday & Associates APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100, West Palm Beach, FL 33401 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: May 4, 1999 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Southeast corner of Knuth Road and Old Boynton Road intersection DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other bc u]- Clerk J:,SHRDATA~Planning,SHARED,WP,PROJECTS,Stor AII,COUS 9@-001\Developme~rder 5-.4-~.~oc '~ City EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Stor-All File number: COUS 99-001 Reference: The plans consist of 14 sheets identified as 2nd Review. Conditional Use. File # COUS 99-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste Removal in connection with construction process must be services by the City of Boynton Beach. Please note on dumpster detail to indicate X same. 2. Relocate dumpster/enclosure south to the outside of the driveway curve X where the driveway is one-way. UTILITIES Comments: None X FIRE Comments: 3. At time of permits, the engineering and/or architectural drawings shall be revised to show the location of the fire department connections for the X fire protection system. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, X landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 5. On all applicable plans, show a 6 inch thick sidewalk through both X driveways. 6. On the applicable plans, show a 5-foot high masonry wall or equivalent X screen to buffer the residential use along the southern boundary. [LDR Chapter 6, Article III, Section 3] 7. Provide County approval to outfall into the Knuth Road drainage system. X Page 2 Stor-All File No.: COUS 99-001 DEPARTMENTS INCLUDE[ REJECT 8. On the parking stall detail, change the handicap sign from FTP 26 to a X FTP 25 to agree with the plan site. Change the City Drawing from B- 90012 to B-98001, specify white, diagonal stripes within the 5 foot accessibility path and correct the plan view to agree with the handicap ramp detail. 9. Specify by a general note that the exfiltration trenches and associated X inlets shall conform to City Standard Drawing B-91007 and revise trench detail accordingly. 10. We recommend installing a 6 foot hedge along Knuth Road, south of the X driveway and not within the clear sight area, to screen the two loading zones to the southwest. 11. Indicate the proposed elevation of the top of weir plat in the control X structure. Indicate documentation on adjustability. Provide approval from the SFWMD for the proposed stormwater drainage system. 12. Coordinate section "C-C" with the Paving and Drainage Plan, X dimensions do not agree. 13. Show all proposed pavement markings, striping and signage on the X Paving and Drainage Plan. 13A. Provide revised grading and additional concrete flumes at the south side X of the drive at the south side of the building to prevent stormwater from pounding against the curbing. 13B. The maximum width of any drive at the right-of-way line shall be 32 X feet. Revise the driveway distance measurement at the north side of the site accordingly [LDR Chapter 23, Sec. 7.H. 1]. BUILDING DIVISION Comments: 14. Amend the ten-foot long 1:12 slope handicap ramp that is shown onthe X plans to include handrails that comply with the Accessibility Code. Identify on the paving and drainage plan the fmish elevation of the below listed components of the accessible route that is required from the accessible parking spaces to the accessible entrance of the building. Finish elevation of the access aisle that is located between the accessible parking spaces, landing at the bottom of the ramp, landing at the top of the ramp and the entrance area at the exterior of the building. If the elevation of the top landing of the ramp is not the same elevation as the exterior entrance area or the finish floor of the building, identify and/or show on the plan how the transition in vertical elevation will be accomplished to comply with the Accessibility Code. Page 3 Stor-All File No.: COUS 99-001 DEPARTMENTS INCLUDE REJECT 15. Provide notes, measurements and computations on the site plan or floor X plan that verifies the proposed finish floor elevation is in compliance with the minimum standards. The finish floor shall meet the minimum elevation required by the flood zone that the project is located within and minimum elevation that is required by the South Florida Water Management District. Also, verify that the elevation of the f'mish floor is not less than six inches above the crown of the abutting rights-of-way. 16. The size of the wall sign illustrated on the north elevation view drawing X exceeds the maximum allowed by the regulations of the Sign Code. Amend the size of the sign accordingly. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 17. Rotate decorative square accent to coincide with that similar element X used on the Boynton Commons Shopping Center. 18. Provide color' and material samples for project elements. X 19. Unless a time extension is granted, a minimum of 25% of the total costs X of the improvements must be completed within 1 year of approval to maintain conditional use approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 20. Incorporate architectural detail of area on the building (on monument X sign). 21. Delete comment #6. X 22. Delete comment # 10. X 23 Delete comment #13B. X ADDITIONAL CITY COMMISSION COMMENTS 24. None X MWR/jma:dim