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Minutes 07-20-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 20, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager Mike Cirullo, Assistant City Attorney Janet Prainito, Deputy City Clerk I. OPENINGS Call to Order- Mayor Gerald Broening Invocation- Father Michael Cassell- St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Broening called the meeting to order at 6:38 p.m. Father Michael Cassell gave the invocation, which was followed by the Pledge of Allegiance to the Flag led by Commissioner Denahan. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Tillman requested the addition of Item E under X, New Business "Request to Aid the Boynton Beach Track Team". Interim City Manager Hawkins requested the addition of Item F under X, New Business "Consideration of Letter to the House and Senate Members of the U.S. Congress and U.S. Senate regarding potential HUD Budget Cuts". Commissioner Weiland requested that Item B.4 on the Consent Agenda be removed for discussion; Assistant City Attorney Cirullo requested that Item D.1 on the Consent Agenda be removed for re-advertisement. 2. Adoption Commissioner Denahan moved to approve the agenda, as amended. Motion seconded by Vice Mayor Tillman that carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 II. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Board Length of Term Expiration Date III Sherman IV Tillman Children & Youth Advisory Board Children & Youth Advisory Board IV Tillman Mayor Broening ! Weiland II Denahan Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals ! Weiland Code Enforcement Board 11! Sherman !V Tillman Community Relations Board Community Relations Board IV -I~llman Nuisance Abatement Board II Denahan Planning & Development Board IV millman Recreation & Parks Board !V Tillman Firefighters' Pension Board Mayor,Broening asked if any Commissioner had Alt I yr term to 4/00 Tabled (2) Stu/NonVoting I yr term to 4/00 Tabled (2) Reg 3 yr term to 4/01 Tabled (2) Reg 3 yr term to 4/02 Tabled (2) Alt 1 yr term to 4/00 Tabled (2) Alt :L yr term to 4/00 Tabled (2) Alt I yr term to 9/99 Tabled (2) Alt I yr term to 4/00 Tabled (2) Reg 3 yr term to 4/00 Tabled (2) Reg 2 yr term to 4/01 Tabled (2) Alt I yr term to 4/00 Alt I yr term to 4/00 Tabled (2) Reg 2 yr term to 4/01 TABLED (3) any appointments they wished to make. All Commissioners requested that their appointments remain tabled. Commissioner Denahan offered her condolences and sympathy to the family of Fran Cleary who recently passed away. Ms. Cleary had served on various Boards in the City and Commissioner Denahan offered thanks for her years of service. II. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements Mayor Broening made the following announcements: 1. TNT Concert - Friday, July 23, 1999 at Oceanfront p.m. to 9:00 p.m. -"Island Vibes" (Reggae) Park - 6:00 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 City Commission Budget Special Meeting on Monday, July 26, 1999 at 6:30 p.m. in Commission Chambers City Commission Workshop on Wednesday, July 28, 1999 at 6:30 p.m. in the Library Program Room regarding the City Manager position B. Presentations: 1. Proclamation None Presentation of Certificate of Achievement to the Palm Beach Jammers Mayor Broening stated that the Palm Beach Jammers finished in 7th place in the independent Softball Association (ISA) Youth Fast Pitch World Girls' National Championship Tournament for the 16 year-old age group. The tournament took place on July 4, 1999. Mayor Broening presented the Certificate of Achievement to Pam and Nikki Webb. Presentation of plaque to the City of Boynton Beach by Nancy Byrne, Interim Director of Development Ms. Byrne presented a plaque to Mayor Broening from the National Flood Insurance Community Rating Association which recognized the City's significant efforts in reducing the flood insurance rates for the citizens of Boynton Beach. Mayor Broening thanked Ms. Byrne and the Department of Development for their efforts in this area. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting - July 6, 1999 Bids - Recommend Approval- All expenditures are approved in the 1998- 99 Adopted Budget Approve Change Order #2/Increase Expenditure of $44,256 from the Bid "METAL CONTAINERS AND ROLL-OFFS" to Industrial Refuse Sales, for an annual estimated expenditure of $170,281 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Approve the purchase of Furniture for Senior Center, utilizing a State Contract and purchasing from MITY-LITE, INC. in the amount of $20,163.80 Approve a "piggyback" purchase for SUBMERSIBLE WASTEWATER PUMPS utilizing a Boca Raton Bid #99-025 from Ellis K. Phelps & Co., with an estimated expenditure of $100,000 Approve Engineering Services for approximately 12 projects from Post, Buckley, Schuh & Jernigan, Inc., piggybacking a Town of Jupiter/General Engineering Contract with an estimated expenditure of $40,090 (PROPOSED RESOLUTION NO. R99-88) At the request of Commissioner Weiland, Item D-4 was removed from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TABLED TO 8/3/99 MEETING) Proposed Resolution No. R99-89 Re: for water service outside' the City Annexation with Cascade Lakes, Ltd. Approving an Agreement limits and a Covenant for Proposed Resolution No. R99-90 Re: Approving a Joint Participation Agreement between the City of Boynton Beach and FDOT providing for the installation of drainage improvements along SE 6th Street Proposed Resolution No. R99-91 Re: Accepting surplus property owned by the State of Florida Department of Transportation located at the northeast corner of East Ocean Avenue and NE 6th Street Proposed Resolution No. R99-92 Re: Approving a Pilot Program Agreement proposed by Doug Besecker of Goodyear Tire Store at 619 North Federal Highway pursuant to the Non-Conforming Landscaping and Signage Improvement Pilot Program adopted in January, 1999 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Proposed Resolution No. R99-93 Re: Accepting an Letter of Credit 941574 submitted by D.R. Horton, Melear PUD in the amount of $60,940 Irrevocable Inc., for the Proposed Resolution No. R99-94 Re: Authorizing the Mayor and City Clerk to execute a Contract for Sale and Purchase for property at 151 NE 9th Avenue in the amount of $33,000 D. Ratification of Planning & Development Board Action: The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article II1., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or 1' front setback (TABLED FROM MA Y 18TM MEETING TO JUL Y 20TM MEETING) At the request of Assistant City Attorney Cirullo, Consent Agenda for re-advertisement. Item D.1. was removed from the The Dolphin Restaurant (Christine Francois - 115 South Federal Highway) - Request approval for a major modification of an existing site plan to expand The Dolphin Restaurant and Lounge by 2,575 square feet and to a total of 164 seats Sterling Records Management (Sterling Real Estate - North side of SW 35th Avenue, approximately 600' east of Congress Avenue) - Request new site plan approval to construct two warehouse buildings totaling 149,150 square feet in two phases on 8.09 acres Stanton Magnetics (Stanton Magnetics LLC - Quantum Park - Lot 6) - Request new site plan approval to construct a 33,088 square foot industrial building on 2.23 acres Dr. Verma Office Building (Anil and Sneh Verma - Southeast corner of Seacrest Boulevard and SW 25th Avenue) - Request new site plan approval to construct a 3,515 square foot commercial building on 0.425 acres Quantum Park PID - (Applicant G. T. Investment Group, LLC) - Request for use approval to add the assembly of automated packaging machinery to the Quantum Park Planned Industrial Park list of permitted uses 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Motion Vice Mayor Tillman moved to approve the Consent Agenda with the exception of Items B.4 and D.I. Commissioner Denahan seconded the motion that carried unanimously Item B. 4. Approve Engineering Services for approximately 12 projects from Post, Buckley, Schuh & Jernigan, Inc., piggybacking a Town of Jupiter/General Engineering Contract with an estimated expenditure of $40,000 (PROPOSED RESOLUTION NO. R99-88) Commissioner Weiland said he discussed this item earlier with Interim City Manager Hawkins who explained to him how the contract would work. Commissioner Weiland said he felt uncomfortable with the wording of the amount of $40,000 as an "estimated" amount. Mr. Hawkins informed him that the contract could state if it were to go over the $40,000 mark it would have to come back to the Commission for approval. Mayor Broening said this could be stipulated. Motion Vice Mayor Tillman moved to approve Item B.4. Commissioner Denahan asked if the vote is being approved for a maximum expenditure of $40,000 and that it would have to come back before the Commission. Commissioner Denahan said she would second the motion with this stipulation. Mayor Broening stated that the motion include the wording that "the expenditure not to exceed $40,000 be approved for engineering services from Post, Buckley, Schuh & Jernigan, Inc." Motion unanimously carried. V. CITY MANAGER'S REPORT: Interim City Manager Hawkins reported that a portion of Kid's Kingdom would be open on Wednesday, July 21, 1999. A fence has been put up to separate the damaged portion from the remainder of the park. The section for the pre-school children would be open beginning tomorrow. VI. PUBLIC AUDIENCE: Herb Suss, a resident of Quail Run complimented the City Planning and Development Board on the job they have been doing. Mr. Suss said he is not against building a 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Wal-kMart, but on behalf of Quail Run, they are concerned about the traffic flow on Knuth Road. Mr. Suss said that SW 26th Street runs through their community, which is a City owned street and that Quail Run owns all the other streets. There currently is a problem with speeding on SW 26th Street and asked if it was possible if Quail Run could purchase SW 26th Street. Also, Mr. Suss asked if a wall could be built to close off SW 26th Street from Woolbright. This would only allow access on Golf Road. Mayor Broening said staff would provide the answers that he raised. Mr. Hawkins requested that Mr. Suss send a letter to the City in order for the City to begin the process of officially looking at the requests. Ms. Melody Ordway asked about the status of the insurance deductible for Kid's Kingdom. Mr. Hawkins asked Mr. Wildner if there was a final cost on repairs to the playground and Mr. Wildner stated they do not have this yet. Mr. Hawkins said that until the final costs are known, he could not have a figure for the deductible. Ms. Ordway thanked the Boynton Beach Police Department for the great job they are doing. Kevin Scully, of Scully's Market said he has four areas of concern regarding the Ocean Avenue project. The first area is the priority of the project in relation to some of the other projects in the City. Mr. Scully said that the Marina Project should be started and finished first before work begins on the Civic Center area. Secondly, Mr. Scully said he was concerned about drainage on Ocean Avenue and said in 12 years on Ocean Avenue he has never seen it flood. He doesn't think there is a need to spend money on drainage pipes for a street that does not flood. Mr. Scully also questioned the funding of the project. Mr. Scully noted that Jan Jensen said that $1.1 million has been budgeted for the project. The breakdowns he received from Jan Jensen were as follows: Civil engineering - sub-surface drainage, roadway improvements and sidewalks Lighting Landscaping Design fee - Total $500,000 200,000 150,000 100,000 $950,000 Mr. Scully feels this doesn't leave much room for error and said people like things the way they are and don't see a need for any changes. Also, the Ocean Avenue Promenade newsletter that was handed out was misleading and Mr. Scully did not feel that construction could begin in December. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Larry Roberts, Director of Utilities announced that there would be a groundbreaking ceremony next Tuesday, July 27th at 3:00 p.m. for the Gateway Boulevard Improvement Project and the public is invited. The ceremonies will be held in the parking lot of the Royal Palm Clubhouse. Harvey Oyer, 227 SW 15th Avenue said that Ocean Avenue flows east beginning at approximately Scully's Market and during the past heavy rains, water came into and around the building that his mother owned and picked up the dumpster and moved it. Mr. Oyer said there are serious drainage problems on Ocean Avenue and the drainage J problems need to be taken care of. 'Mr. Oyer said there is a need for diversity of property use in the City. The City currently has a boat ramp, but there is no place where a larger boat could be moored or docked. The Intracoastal land would be the only place where this would be possible and would bdng an identity to the community for people who can spend a great deal of money. Mr. Oyer said the $2 million in County funds would be better spent cleaning up Lake Worth to make it safe to swim and fish in. Mr. Oyer suggested using a decal system for residents to have free access to City facilities and non-residents would be charged a fee. Boynton Beach needs to create amenities to make people want to live in the City. Mr. Oyer favors a multi-story hotel on the Intracoastal Park site along the lines of Pier 66 in Ft. Lauderdale. Shelly Constantino has been a resident of the City for 40 years. Ms. Constantino said that the residents voted to purchase the Intracoastal property for a park and that the property should be kept for a park. Ms. Constantino presented petitions signed by 250 people that want the property developed as a park or place the issue back on a referendum for a vote. Mike Arnold, President of Soma Development Corporation said that he made a proposal to develop the 10-acre Intracoastal Park known as Gateway Park. Mr. Arnold said there have been rumors that he would like to clarify and said that Soma Development is neither proposing nor is it intending to build a hotel on the site. Ken DeRousse, of Sterling Village believes that the location of the Intracoastal Park for a majority of the residents of the City is not a good location. Children wanting to get to the park would have to cross railroad tracks and travel long distances to get to a street that would be accessible to the park. Mr. DeRousse suggested that the City sell the property and use the funds in other areas of the City for recreation purposes. Mr. DeRousse felt the City could sell the property for $10 million and that recreation areas should be located in City neighborhoods. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 VII. PUBLIC HEARING: Reconsideration of the Conditions of Approval (Exhibit "H") to the Conditional Use Approval for the "Marina Project" originally granted February 16, 1999, and approval of a revised Development Agreement between the City of Boynton Beach and Ocean Breeze Festival Park, Inc. (TABLED TO AUGUST 3RD MEETING) Project: Agent: Owner: Location: Description: Unisite at Quantum Park Andy Zitman, Zitman and Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park, Section 17-45-43 Request for approval to construct a 140' communication tower with antennas, equipment and access road Mr. Andy Zitman, Agent for Unisite took the podium and stated they agree with all staff conditions. Motion Vice Mayor Tillman moved for approval. Motion seconded by Commissioner Weiland that carried unanimously. Mr. Zitman inquired if the lease was included in the approval. Mr. Hawkins said the lease would be a separate document. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Consistency on City Boards Mayor Broening thanked the City Attorney's Office for the informative memorandum prepared on this subject. Commissioner Denahan said this was placed on the Agenda at her request. Commissioner Denahan requested that there be consistency on all the 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Boards and that all student members of Boards be given the opportunity to vote. This was a recommendation from the Education Advisory Board that there be consistency in students being allowed to vote. Mayor Broening said he had no objection to this and it is important that the Boards have some input. Vice Mayor Tillman inquired if this included the Alternate position. Commissioner Denahan said this is only pertaining to student members and asked for a consensus from the Board. There was a consensus regarding consistency of student voting on the Boards. Recommendations regarding the development of an MBO (TABLE TO AUGUST 3RD MEETING) C. Commissioner Representative to Negotiate with Ocean Ridge Regarding Property Sale Vice Mayor Tillman said he would like to be appointed the representative to negotiate with Ocean Ridge. Former Vice Mayor Jaskiewicz inquired if she would be allowed to speak on the Item and Attorney Cirullo said there was nothing that would prohibit Ms. Jaskiewicz from addressing the CommiSsion. Shirley Jaskiewicz, 1917 SW 13th Avenue took the podium and said that there are about three years of minutes relative to this negotiation and there is some critical information that should be read prior to beginning the negotiations. Commissioner Denahan felt Vice Mayor Tillman would be the best person to negotiate since he has been on the City Commission for the longest amount of time and asked if there could be two representatives including Mayor Broening. Mayor Broening said he would be pleased to serve as an additional representative. Attorney Cirullo noted that if two representatives would be at the same meeting, it would become a public meeting. Mayor Broening said he has met with the Vice Mayor and City Manager of Ocean Ridge several times and does have some rapport with the Ocean Ridge representatives. However, he has no objection to Vice Mayor Tillman becoming this City's representative. Vice Mayor Tillman requested that Mayor Broening prepare a report with all the information that he has so that it would be available. Commissioner Denahan inquired how this was handled in the past when there were two representatives and Mr. Hawkins stated that past meetings were public meetings. Commissioner Denahan inquired if the representative comes to any terms with the 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 2O, 1999 Town of Ocean Ridge would it have to be approved by this Commission and was informed that was correct. Motion Mayor Pro Tem Sherman moved that Vice Mayor Tillman be appointed this City's representative to negotiate with Ocean Ridge regarding property sale. Mr. Hawkins stated that the Town of Ocean Ridge appointed Vice Mayor Kaleel as their representative. Motion seconded by Commissioner Weiland that carried unanimously. D. Consideration of Economic Incentive Letter Mayor Broening stated that this item is a form of marketing tool being proposed to assist the City in facilitating development. It is proposed that every Commissioner and the Mayor would sign the letter. The letter outlines the City's position on incentives and what the City expects to receive in return. Mayor Broening reviewed the contents of the letter. Mayor Broening said a new brochure is currently being prepared and is a much more detailed document outlining the incentives. Motion Commissioner Weiland moved approval for consideration of the economic incentive letter. Motion seconded by Vice Mayor Tillman that carried unanimously. F. Request to Aid the Boynton Beach Track Team Vice Mayor Tillman advised that the Boynton Beach Track Team every year has become very good ambassadors for the City in terms of winning nationwide. The team is led by Mr. Clyde Harris and he asked Mr. Harris to take the podium. Vice Mayor Tillman stated that some money has been raised, but they are short and need help and this is a good opportunity for the City to provide some assistance in enabling the team to continue being good ambassadors for the City. Mr. Clyde Harris took the podium and stated he is employed by the City of Boynton Beach with the Parks and Recreation Department. The City's Parks and Recreation Department track team has 22 participants who have qualified for the United States East Coast Track and Field Meet in Bethesda, Maryland and the National Junior Olympics in Omaha, Nebraska. During the past three years they have broken two national records, three Hershey State records, four East Coast records, and many State 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Junior Olympic Records. The team practices two to three times per week and has attained a level of excellence through dedication, commitment and hours of hard work. Expenses for the trips are as follows: [] Van rental for two weeks is approximately $1,650; [] Motel stay in Bethesda, Maryland $1,500; and [] Five nights hotel in Omaha, Nebraska $2,550. Total expenses for the two trips are approximately $7,229.56 Monies collected to date are as follows: [] Parents raised $1,065; [] One single parent raised $265; [] Mrs. Harris and Ms. Sims raised $153; [] St. John Church donated $301; [] Another parent gave $110; and [] Kiwanis Club donated $250. Total Fundraising comes to $2,600 A balance of $4,595 is remaining. Mr. Harris said that for the past three years he has been paying this out of his pocket out of his love for these children and said last year he spent almost $5,000 of his own money for the trips. Even if no more money is raised, Mr. Harris said he would pay for the trip in any event. Mr. Harris presented a brochure that has a picture one of the City's runners on the back cover. Mr. Harris said he has been working with this program for 10 years and thoroughly enjoys working with the children. Mr. Harris introduced his wife Gloria who has been helping him all these years. Mr. Harris also introduced some of the track members and the Assistant Coach. Ms. Melody Green, Recreation Superintendent took the podium said that Mr. Harris never informed the Recreation Department exactly how much money and time he has spent over the years and that Mr. Harris never budgeted for these events. Ms. Green said it was absolutely wonderful to have a City employee like Mr. Harris who is so dedicated to the children. The Recreation Department has provided assistance to Mr. Harris over the years and this year is providing $750. Ms. Green said that a fundraising campaign should be set up beginning now because there are a great many organizations that would be glad to assist and partnership with the City. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Mr. Harris said he never asked for money in the past because he had been promised funds from outside sources and then they always fell through. Mayor Broening said he learned of this situation a couple of days ago and made some inquiries. Mayor Broening stated that the City was not set up to handle this sort of request. Ms. Diane Reese, Finance Director took the podium and stated the City has a contingency fund in the amount of $200,000 and the funds could be allocated for any purposes the City Commission may direct. Also, Ms. Reese said there is a Community Promotion Account that is budgeted every year and there are funds available in that account. Commissioner Denahan inquired if there was a balance in the Community Promotion Account. Ms. Reese was not certain of the amount. Commissioner Denahan asked when the track meet would take place and Mr. Harris said they would be leaving tomorrow. The meet takes place between July 26th and August 2nd. Mr. Hawkins said the Community Promotions account was set up to do Community Promotions types of activities and is outside the realm of what is being asked for tonight. Mr. Hawkins said this type of activity should be budgeted through the Recreation Department and should be made part of the normal budget. Mr. Hawkins said Mayor Broening was referring to an account that used to be handled by the Community Relations Board in the amount of $20,000 for distribution for social services and organizations, such as this. The Commission would then approve the recommendations. Mr. Hawkins said that this process could be re-instituted. Mayor Pro Tem Sherman commended Mr. Harris for the wonderful job he is providing and made the following motion. Motion Mayor Pro Tem Sherman moved that the City contribute the money to Mr. Harris and his athletes. Mayor Broening requested that the motion be amended to include a specific amount of money. Mayor Pro Tem Sherman moved to amend his motion to state that the City's contribution be in the amount of $5,000. Vice Mayor Tiilman seconded the motion that unanimously carried. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,.FLORIDA JULY 20, 1999 Consideration of Letter to the House and Senate Members of the U.S. Congress and U.S. Senate regarding potential HUD Budget Cuts Mayor Broening noted that the Commission had been furnished with a copy of the letter. Mr. Hawkins said that Boynton Beach is an Entitlement City and as such receives approximately $500,000 yeady from HUD. Congress is currently in budget deliberations and is threatening to make serious budget cuts to HUD, which would affect us at the local level. The City receives its funds through the Community Development Block Grant Program. The Program funds housing programs, as well as job training programs. Elimination of the COPs Program is also being considered and the City has been a direct recipient of that Program as well. Mr. Hawkins stated that the Law Enforcement Block Grant Fund, the summer job program and the welfare to work program are also in jeopardy. Staff is requesting that the Commission and Mayor sign the letter encouraging our Congressmen and Senators to vote against any cuts that would jeopardize any of these programs. Motion Commissioner Denahan moved for approval with the addition that our lobbyist be directed to work on these endeavors. Motion seconded by Vice Mayor Tillman and carried unanimously. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-20 Re: Amending Chapter 18, Article III, Pensions for Police Officers, Section 18.165 providing for a 3% multiplier and for 60% allocation of assets to equities Attorney Cirullo read Proposed Ordinance No. O99-20 by title only Mayor Broening announced the public hearing. Former Vice Mayor Jaskiewicz inquired if an actuarial study had been undertaken and Mr. Hawkins replied that there were two. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 2O, 1999 Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 99-20. seconded by Commissioner Denahan. Deputy City Clerk Janet Prainito polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Motion Proposed Ordinance No. O99-21 Re: Amending Chapter 26, Water, Sewers, and City Utilities, Article IV. by deleting Division 4. Industrial and Commercial Waste. In its entirety, reserving Sections 178-204, and creating a new Division 4. Industrial and Commercial Waste to comply with Wastewater Facility (WWF) Standards as well as any other Federal or State laws Attorney Cirullo read Proposed Ordinance No. O99-21 by title only Motion Commissioner Denahan moved to approve Proposed Ordinance No. 99-21. seconded by Vice Mayor Tillman. Deputy City Clerk Janet Prainito polled the vote. The vote was unanimous. 15 C. Resolutions: None D. Other: UNFINISHED BUSINESS: XlI. None XlII. None XlV. OTHER: ADJOURNMENT: Motion MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1999 Motion Vice Mayor Tillman moved that the meeting adjourn. Motion seconded by Commissioner Denahan. The meeting properly adjourned at 7:45 p.m. CITY OF BOYNTON BEACH ATTEST: ,,uty City Clerk Recording Secretary (two tapes) Mayor Pro Tem Commissi~o~ner '~/~'~"-~ '"Commissioner ~ "~ ......... 16 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Unisite at Quantum Park APPLICANT'S AGENT: Andy Zitman, Zitman and Associates, Inc. APPLICANT'S ADDRESS: 950 N.W. 185th Avenue, Pembroke Pines, Florida 33029 DATE OF HEARING BEFORE CITY COMMISSION: July 20, 1999 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Optimist Park at Quantum Park 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 × 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 /~Or~ ~. /" .,/Dc,oar-/City Clerk J:\SHRDATA~Planning~SHARED~WP\PROJECTS~Unisite @ Quantum Park\ vel[Te,,ve,~lo, i;~'der, doc! ~ Page 2 Unisite at Quantum Park File No.: COUS 98-007 FORESTER/ENVIRONMENTALIST Comments: 5. The applicant should indicate that there would not be any impact from X the project construction on the adjoining "swamp" (wetland) shown on the landscape plans. The wetland is a requirement of the Development of Regional Impact (DRI) document. PLANNING AND ZONING Comments: X 6. Provide copy of lease agreement with city. X 7. Provide color details to sheet A-1 to fully describe buffer wall appearance. 8. Include setback dimensions (tower and equipment from property line) on site plan. Wall in excess of 6 feet must meet setbacks for PID district, or obtain relief through variance process. X 9. Place dimensions on plan indicating distance between tower or equipment and nearest residential zoning district. X 10. Provide note on plan referencing agreement/date establishing ingress- egress easement. X 11. Place landscape materials in chart/table, include both common and botanical names and native counts and percentage (a minimum of 50% native plants will be used). X 12. Show and describe "No Trespassing" signs to be spaced no more than 40 feet. X 13. Show location and specifications of proposed lighting, or note on plan that no site lighting is proposed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X 14. Omit # 2 ADDITIONAL CITY COMMISSION CONDITIONS 15. To be determined.,. \\CHLMAIN~SHRDATAXPlanning\SHARED\WP~PROJECTS\Unisite ~ Quantum Park\cond. of appr- 2nd review.doc MWR/nl EXHIBIT "C" Conditions of Approval Project name: Unisite at Quantum Park File number: COUS 98-007 Reference: The plans consist of sheets identified as 2nd Review, New Site Plan. File # COUS 98-007 with a February .16, 1999 Planning and Zoning Department date stamp marking DEPARTMENTS I NCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. UTILITIES x Comments: None FIRE 2. Show fire hydrant location on plan (not to exceed 200 feet from X struct,,ure) as wen as water main location, and provide fire flow calculations. (LDR Ch.6, Sec. 16. Comments: POLICE Comments: None X ENGINEERING DIVISION Comments: 3. 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. BUILDING DIVISION Comments: 4. Compliance with the building codes will be evaluated at time of permit X review. The permit fee and other applicable fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X LOCATION MAP EXHIBIT "/~ UNISITE AT QUANTUM PARK 'NOT IN ~ITY n.r-~i 3 PID OF: COMME LJANTL.IM PARK] AA '0 1/8 '0 .400. '800 MILES FEET 0~. 99 Ei,, .LIt31HX3 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: New Site Plan Sterling Records Management Steven E. Tate, Caulfield & Wheeler, Inc 128 Litchfield Road July 20, 1999 LOCATION OF PROPERTY: North side of S.W. 35th Avenue, 700 feet east of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 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 evi~lence 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 /" ,,/~pu~-y' City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\STERLING RECORDS MA~EN'lRDevelopment Order. doc EXHIBIT "C" Conditions of Approval Project name: Sterling Records Management File number: NWSP 99-009 Reference: 2nd Review, New Site Plan, NWSP 99-009 with a May 11, 1999 Planning and Zoning date stamp. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Construction dumpster and service to be provided by City. X UTILITIES 2. Provide drainage calculations showing the amount of rainfall to be X retained on-site. FIRE Comments: 3. Remove shrubbery to allow visibility of F.D. connection on "future new X building #2". 4. A fire flow calculation test will be required; LDR 6-16. X 5. Corresponding water mains, hydrants, and roadways will be in place X prior to above ground construction; NFPA 1. POLICE Comments: None X BUILDING DIVISION Comments: 6. At time of permit review specify, in tabular form, on the site plan the X type of construction and occupancy classification that is proposed for each building. The building area, occupancy and type of construction shall comply with the specifications identified in the Building Code. 7. The permit fee, water and sewer facility fees, Fire Department fees, X County fees and State fees, will be determined at time of permit review. 8. To efficiently move from site plan approval to permit review it is X recommended that fhe permit applicant and contractor contact a Plans Page 2 Sterling Records Management File No.: NWSP 99-009 DEPARTMENTS INCLUDE REJECT Analyst in the Building Division of the Development Department to obtain a permit submittal checklist. 9. At time of permit, drawings should accurately reflect phasing plan X approved on site plan. ENGINEERING DIVISION Comments: 10. 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. 11. Provide certified drainage statement stating that drainage system for X Phase # 1 will meet City's minimum drainage requirements. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING COmments: 12. Revise phase line on site plan to coincide with phas~ line on landscape X plan. Phase 1 shall include all landscaping along right-of-way. 13.: Dimension safe sight triangles at site entrance from intersection of drive X and R/W line. Also, include on the landscape plan. (Chapter 7.5 Article II Section 5 Paragraph H1) 14. Label stop signs at exit, directional signs and internal traffic signs and X information, signs where appropriate include traffic control markings, stop bans etc. (Chapter 23 Article I1 Paragraph 1 & 2) 15. On the landscape plan revise note to state that Cypress shall not be used X for mulching beds. 16. Submit required traffic analysis to obtain confirmation from Palm Beach X County that project conforms with T.P.S. Page 3 Sterling Records Management File No.: NWSP 99-009 DEPARTMENTS 1NCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 17. NONE X ADDITIONAL CITY COMMISSION COMMENTS 18. To be determined. P'/Ot, l ~ MWR/nl J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STERLING RECORDS MANAGEMENT~ND REVIEW COMMENTS.DOC PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Quantum Park- Lot 6 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Stanton Magnetics Michael Sipula, JMS Design, Inc 101 Sunnyside Boulevard July 20, 1999 X 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 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 be~o tv'be u? City Clerk J:\SHRDATA, Planning\SHARED\WP\PROJECTS\QUANTUM STANTON LoT6~evelopn~ent Order. doc EXHIBIT "C" Conditions of Approval Project name: Stanton Magnetics - Quantum Park Lot 6 File number: NWSP 99-011 Reference: 2nd Review, New Site Plan. File # NWSP 99-011. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Construction dumpster and service shall be supplied by the city. X UTILITIES - General Comments 2. All utilities easements shall be shown on the rectified landscaping drawings X so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable furore. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility :easements or public rights-of-way. 3. 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. Based upon a 1.5-inch meter, the fee is $1205.82. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. FIRE Comments: 5. 11 water mains, hydrants, and roadways will be in place prior to above X i ground construction; NFPA 1. POLICE Comments: 6. Convert traffic flow to one-way in a counter-clock wise direction on south X side of building. ENGINEERING DIVISION Page 2 Stanton Magnetics - Quantum Park Lot 6 File No.: NWSP 99-011 DEPARTMENTS INCLUDE REJECT Comments: 6. Add to the site plan the following note: All plans submitted for specific X 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, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with the permit request. 7. The proposed 8-inch water main to the fire hydrant at the north property X line will require a jack and bore under Quantum Blvd., an open cut of Quantum Blvd. will not be allowed. Consider providing a water line to the fire hydrant at the north property line from the existing water line at the : south property line as an alternative to a jack and bore. BUILDING DIVISION Comments: 8. Add specifications to the site data that would verify that the proposed finish X floor elevation is in compliance with the minimum standards required by the South Florida Water Management District permit for the project. 9. Add the following note to the elevation view drawings ~)f the building: "Building signage will comply with the applicable regulations of the sign code (Chapter 21)" 10. At time of permit review specify, in tabular form, on the site plan the type X of construction and occupancy classification that is proposed for the i building. The building area, occupancy, and type of construction shall i comply with the specifications identified in the Building Code. Working drawings of the building shall comply with the codes specified in Chapter !.20 of the Land Development Regulations. 11. i The permit fee, water and sewer facility fees, Fire Department fees, County X fees and State fees will be determined at time of permit review. 12. 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. PARKS AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST Page 3 Stanton Magnetics - Quantum Park Lot 6 File No.: NWSP 99-011 DEPARTMENTS Comments: 13. The applicant has addressed the existing trees on the site (the species labeled "PP" along the Quantum Boulevard ROW need to be identified). Tree relocation sites indicated on the property need to correspond to the type and number of trees marked for relocation from Quantum Boulevard. If the relocated trees do not survive the transplanting, the trees will be replaced during the landscaping portion of the project. PLANNING AND ZONING Comme~s: 14. On the site plan, label the type of the wing walls adjacent to the loading wells. 15. Add back-up dimension/aisle width for immediate isle on south side of building to confirrn minimum width of 27 feet unless spaces are angled in connection with conversion to one-way flow. 16. Provide unity of title document to consolidate parcels. 17. Project must be reviewed by Quantum park Review Board. Provide confirmation of review and approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 18. :NONE INCLUDE REJECT X X X X X X ADDITIONAL CITY COMMISSION COMMENTS 19. To be determined. MWR/nl~:xSHRDATAXPLANN~G\SRtmED\VO~,ROmCTS\QUANTUM STANTON MAGNETICS LOT 6L2ND REVIEW COMMENTS.DOC PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF RATIFICATION BEFORE CITY COMMISSION: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Quantum Park PID Vernon J. Pierce, 1181 South Roger Circle #12 July 20, 1999 Use Approval Quantum Park PID SEE EXHIBIT "B" ATTACHED HERETO. TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): X 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 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 // ,J ~F~u.r¥ City Clerk J:~SHRDATA\Planning\SHARED~WP~PROJECTS\GEVAS NORTH AMERI~RS\US/~P~Deve~pment Order. doc EXHIBIT "B" Conditions of Approval Project name: Quantum Park PID File Number: Gevas Corporation - File No. USAP 99-76000002 Reference: Use Approval (Assembly of Automated Packaging Machinery) PUBLIC WORKS X Comments: None UTILITIES Comments: None X FIRE X Comments: None POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING X Comments: NONE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. :NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. P4IDIh~_.. MWR/nl J:kSHRDATAkPLANNRqG\SHARED\WP~PROJECT S\GEVAS NORTH AMERICAN HDQTRS\USAP\COND OF APPRVL.DOC "I¥10TORI '0 1 t 8 /.! 400'800 FEET ............... ~_4..~ ~/~u__ ~ ~ r':-ITY RI PU PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: 950 Orchard Lane DATE OF RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: New Site Plan DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Dr. Verma Office Building Jack Hawk Hawk, Fulwider & Associates July 20, 1999 LOCATION OF PROPERTY: Southeast corner of Seacrest Boulevard and S.W. 25th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 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 ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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 )~O r~ ~_ J:~SHRDATA\PI.nning\SHARED\WP~PROJECTS\DR VERMA OFFICE BLD~J~pment O~er. doc~i~ City Clerk EXHIBIT "C" Conditions of Approval Project name: Dr. Verma Office Bldg. File number: NWSP 99-010 Reference: 2nd Review, New Site Plan. File # NWSP 99-010 with a May 12, 1999 Planning and Zoning Department date stamp marking I INCLUDE REJECT DEPARTMENTS PUBLIC WORKS Comments: 1. Construction dumpster and service shall be supplied by City. X UTILITIES Comments: 2. All existing or proposed utilities easements shall be shown on the X rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the °nly tree specifies allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5- 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 3. Dept. of HRS permits may be required for the water and sewer serving X this project. (Sec. 26-12) points of connection to the water and sewer systems have not been shown. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, 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. 5. 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 ske plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may not, therefore, be used for irrigation where other sources are readily available. 7. Under the proposed plan, stormwater greater than the pre-treatment X volume will drain into the adjacent right-of-way. To avoid additional flooding, demonstrate that all rainfall from a 3-year storm (approximately 6.5" in 24-hours) will be retained on site or directed to a positive outfall system. (LDR Chap. 6, Art. IV, Sect. 5) Page 2 Dr. Verma Office Bldg. File No.: NWSP 99-010 DEPARTMENTS INCLUDE REJECT 8. Please show all water and sewer connections to existing or proposed X utility lines. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 9. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting ora permanent water meter is a prerequisite to obtaining.the certificate of occupancy. 10. 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 showing all hydrants. 11. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. 12. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: X 13. Provide required water distribution plan. 14. A fire flow test is required; LDR 6-16. X POLICE Comments: None X ENGINEERING DIVISION Comments: 15. 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. Page 3 Dr. Verma Office Bldg. File No.: NWSP 99-010 DEPARTMENTS INCLUDE I REJECT 16. On the Landscape Plan identify the clear sight triangular areas on both X sides of the driveway and adjust the Landscape Plan if needed. [LDR Chapter 7.5, Article II, Section 5.H.2.] Add a note to Landscape Plan that within the sight triangles, there shall be an unobstructed cross- visibility at a level between 30" and 6' above the pavement. [LDR Chapter 7.5, Article II, Section 5.H.] 17. Landscape areas in parking lots must be protected by wheel stops or X curbs. [LDR Chapter 23, Article II.E.] Provide concrete curb for areas not protected by wheel stops. 18. On the site paving and drainage plan, locate the stop bar and stop X sign 4' back of sidewalk, and add 25' double yellow aisle separation stripes. BUILDING DIVISION Comments: 19. Identify the finish floor elevation within the footprint of the building X that is illustrated on the site plan (sheet A. 1) and th~ floor plan drawing (sheet A.2). Add to the site data, found on sheet A. 1, the flood zone that the building is located within including, where applicable, base flood elevation. If there is no base flood elevation, indicate that on the plans. Add specifications to the site data that will verify that the proposed finish floor elevation is in compliance with the minimum standards of the following: a) Minimum elevation required by the flood zone. b) Minimum elevation required by the South Florida Water Management District permit for the project. c) Show and provide computations that verify the elevation of the finish floor is six inches or more above the crown of the abutting right-of-way. 20. At time of permit review, identify on the site plan the actual setback X dimension from the leading edge of the west face of the building to the west property lines. Please note that overhang, covered walkways, canopies or awnings are considered when setbacks are identified. The , building setbacks shall comply with Zoning Code regulations. 21. At time of permit submittal, provide an executed Ci.ty Unity of Title X form. The form shall combine all lots or parcels as one lot. The processing of the form shall follow the Unity of Title procedures. 22. Show and label on the site the location and width of the building X Page 4 Dr. Verma Office Bldg. File No.: NWSP 99-010 DEPARTMENTS INCLUDE [ REJECT overhang. The location of the building on the site shall comply with the I applicable zoning regulations. 23. At time of permit review specify, in tabular form, on the site plan the X type of construction and occupancy classification that is proposed for the building. The building area, occupancy and type of construction shall comply with the specifications identified in the Building Code. Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. 24. The permit fee, water and sewer facility fees, Fire Department, County X fees and State fees will be determined at time of permit review. 25. To efficiently move from site plan approval to-permit review it is X recommended that that permit applicant and contractor contact a Plans Analyst in the Building Division of the Development Department to obtain a permit submittal checklist. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 26. The applicant shows on the survey that there are 8 existing trees on the X site. One tree is to remain and one tree is to be relocated along Seacrest Blvd. If the relocated tree does not survive the transplanting, the tree will be replaced during the landscaping portion of the project. X 27. The remainder of the 6 trees should be identified and an indication of preservation, relocation or removal/replacement. PLANNING AND ZONING Comments: 28. On the survey, correct tree labeling (tree incorrectly shown as Banyon on X south side of building). Chapter 4, Section 7, Par. A 29. Label all existing utilities on the survey (label west side utility as water X service). Chapter 4, Section 7, Par. A 30. Identify surrounding land use and zoning designations for purposes of X setback verification. Chapter 4, Section 7, Par B 31. Indicate vehicular use area landscape requirements in site plan tabular Page 5 Dr. Verma Office Bldg. File No.: NWSP 99-010 DEPARTMENTS INCLUDE REJECT data. Chapter 7.5, Article II, section 5, Par. G X 32. On the landscape plan, provide a note indicating the irrigation system source. Chapter 4, Section 7, Par. C X 33. On the landscape plan, correct note indicating type of mulch ("cypress" is repeated). X 34. On the landscape plan plant list, provide calculations for the minimum 50% native tree and shrub requirement. X 35. Provide a copy of a letter of release from the appropriate governing agencies regarding the utility easement on the south side of the property containing the proposed landscaping. X 36. Indicate exterior colors in tabular form for all building elements on the architectural elevation plans. Chapter 4, Section 7, Par. D X 37. Provide traffic control/direction arrows on all plans. Chapter 23, Art. II, Par. B X 38. Provide traffic study to be reviewed by Palm Beach County for compliance with the Com~ty's traffic performance standards ordinance. X 39. Add note stating that all delivery traffic can be accommodated by standard parking space. X 40. Show building signage to comply with sign regulations including maximum area based on one and one half (1 1/2) square feet of area for each one foot of linear building frontage. X 41. On the site plan, dimension ten (10) foot setback from the property line to the closest surface of the sign. (Chapter 21, Article 111, Section 5) ADDITIONAL PLANNING AND DEVELOPMENT COMMENTS 42. NONE X ADDITIONAL CITY COMMISSION COMMENTS 43. ~ To be determined. COMMENTS.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Dolphin Restaurant APPLICANT'S AGENT: Doug Mclntee, Intercontinental Construction Company APPLICANT'S ADDRESS: 115 S. Federal Highway DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 1999 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 115 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 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 staffland 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 ~ 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 J\SHRDATA~plann,n ~ /~p~-~/City Clerk : ' g\SHARED\WP\PROJECTS~OOLPHIN RESTAURANT~Develop~-e~CC 7-2~)-99. d~c EXHIBIT "C" Conditions of Approval Project name: The Dolphin Restaurant File number: MSPM 99-002 Reference: The Dolphin Restaurant, Major Site Plan Modification, File # MSPM99-002, Planning and Zoning date stamped 6-15-99 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: X 1. Waste removal in connection with construction process must be serviced by the City of Boynton Beach. Place note on dumpster detail to indicate salne. X 2. As per section 10-25 in the City Code, free dumping access to containers at all times shall be provided by the user. X 3. Applicant must delineate path of truck using dotted lines showing entrance to facility and to the dumpster as well as exit. UTILITIES Comments: X 4. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR chalk. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your building permit submittal. X 5. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. X 6. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. X 7. It appears the existing water meter will be providing water service to the existing and proposed building. Please provide calculations indicating that the meter is sufficiently sized for the intended use. Page 2 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS INCLUDE REJECT X 8. Appropriate backflow preventers will be required on the domestic water service to all buildings, mad the fire sprinkler line if there is one, in accordance with Sec. 26-207. X 9. A building permit for this project shall not be issued until this office has approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: X 10. 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, 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. X 11. Correct the color of the handicap symbol and the stripes within the accessible path. X 12. Provide an Engineer's certification that the drainage system will conform with all City rules, regulations and codes. [LDR Chapter 4, Section 7.F.] X 13. On the Paving and Drainage Plans show all necessary traffic control devices such as stop bars, stop signs, double yellow lane separator stripes, directional arrows and Do Not Enter signs. [LDR Chapter 4, Section 7.B.] X 14. Provide specifications for those areas of new paving on the Paving Plan and indicate whether the existing paving will receive an overlay. X 15. Indicate that Type "D" curb will be installed around all landscaped islands. BUILDING DIVISION Page 3 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS iNCLUDE REJECT Comments: X 16. Add to the floor plan and site plan a labeled symbol that represents the location of the accessible entrance door to the facility. X 17. Add to the floor plan and site plan a labeled symbol that represents the location and path of the accessible route that is required from the accessible parking space(s) to the accessible entrance door of the building. Place a note on the drawing, next to the s3)mbol, indicating that the accessible route is in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Also, show and identify the width and type of material proposed for the route through its entire length. X 18. To determine what impact the proposed construction will have on the existing facility, a survey of the subject property is required. Additional comments may be generated following the submittal of a current survey. X 19. To determine what impact the proposed new improvements will have on the existing facility, add the below listed information to the Project Info chart found on sheet S 1: a. Identify the total number of seats that are currently licensed at the existing facility. Indicate the use of the existing and new square footage. Also, identify the classification of the bar/grill (restaurant) - is it a high turnover sit down restaurant or quality restaurant? Identify the total number of new seats. X 20. Add a drawing that identifies and shows the location of all seating. Chronologically number all seats. X 21. Indicate and show on the site plan and floor plan drawing the use of the covered patio area. If there are seats proposed for the patio area show them on the plans. X 22. Within the footprint of the new and existing building that is shown on the site plan (sheet S1) and the proposed floor plan drawing, identify the proposed finish floor elevation (N.G.V.D.). Add to the Project Info found on sheet S1 the flood zone that the building is located within including, where applicable, base flood elevation. If there is no base flood elevation, indicate that on the plans. Also, add to the Project Info data, notes and computations that will verify the proposed finish floor elevation is in compliance with the minimum elevation required by the Flood Zone and verify that the proposed finish floor is six inches or more above the crown of the abutting right(s)-of-way. Page 4 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS INCLUDE REJECT X 23. Considering that the request did not include a site sign place the following note on the site plan: "Site signage is not approved for this project. Separate site plan review and approval is required for site signage." X 24. To verify that the size of the proposed wall sign is in compliance with the limitations of the Sign Code identify the length of the wall where the wall sign is mounted. Identify the total sign area including providing computations that verify the sign area is in compliance with the limitations of the Sign Code. Drawings of the signage shall comply with the applicable regulations specified in the Sign Code (Chapter 21 of the Land Development Regulations). X 25. Site lighting specifications are reviewed at time of permit review. Therefore, mnend the note found on sheet S5 to indicate that the lighting plan is showing type and height of pole, type of fixture and proposed location of pole and fixtures only. Also, include with the note text that indicates the other lighting specifications listed within the lighting notes will be evaluated for consistency with code regulations at time of permit review. 26. Compliance with the building codes will be evaluated at time of permit 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 ZON1NG Comments: X 27. All plans shall be signed and sealed at the time of submittal. X 28. Include in the tabular data the following informatior/: a) Building height (Chapter 2, Section 6, Paragraph E4) b) Setback requirements in tabular form c) Zoning and land use designations d) Correct the legal description plat information to match survey. Page 5 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS INCLUDE REJECT X 29. Provide a handicapped accessible walk from the building entry to the handicapped accessible parking spaces. (Chapter 9, Section 10, Paragraph B) and (Chapter 23) X 30. Provide a dimensioned sign detail showing materials, colors and method of lighting. Staff recommends that the sign design shall incorporate historical style lighting uplit or down lit fixtures which will also be recommended as an architectural enhancement feature for the historical buildings of the Ocean Avenue 500 Block revitalization project. Staff also suggests the application of an architectural banding element that promotes a greater differentiation between the parapet wall and the wall sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article IV, Section 6, Paragraph B & C) X 31. On the site plan provide setback dimensions on the buildings. (Chapter 4, Section 7, Paragraph B) X 32. Provide safe site triangles on the site plan and the landscape plan.(Chapter 7.5, Article II, Paragraph H1) X 33. All parking spaces shall remain tmrestricted and open to the general public since the Central Business District 50% parking reduction is utilized. X 34. On the site plan and landscape plan label and dimension all required landscape buffers. (Chapter 7.5, Section 5, Article II, Paragraph D) X 35. Amend plant list to include 50% native shrub material. Provide proper docmnentation to confirm compliance. X 36. Label and dimension overall height of buildings on t'he elevation plan. X 37.: On the building elevation plan, include all exterior colors and materials, and submit samples and colored elevations. ; X 38. Prior to building permit, provide a traffic study for the proposed expansion for County review and approval. X 39. Show minimum width of interior islands to be 5 feet, and minimum area to be 25 square feet. Show calculation of required interior green space, and amount provided. You may reduce requirement to 10 square feet if one shade tree is installed per 4 interior spaces. (Chapter 7.5 Article III Section 8.A.2) X 40. Provide samples of colors and materials for the project. Page 6 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS INCLUDE REJECT X 41. Identify the western limits of the project. Label whiOh parcels are not included in this project. X 42. Provide windows and architectural details identical to those on the front fagade to break up the plain fagade as currently proposed along S.E. 1 st Street. X 43. Enhance the entrance to the front porch from the south end of the porch coordinating it with the pedestrian enhancements recommended in the "Dolphin Square" conceptual plan. X 44. Per redevelopment plan design guidelines, site lighting should be consistent with planned lighting for Ocean Avenue, and sign should be externally lit with consistent upward or down cast light fixtures. Redesign columns to increase classical style appearance (staffwill work with applicant to achieve this style. Add defined cornice and moldings similar to cornice design existing on the traditional buildings along Ocean Avenue. Add building address to front facade in compatible font and text size. 45. Submit rectified plans, including site plan and elevations ( all views) x drawings showing compliance with all conditions stated herein. 46. To increase the historic appearance of the existing restaurant and X proposed expansion, and to improve compatibility with 500 block buildings, a) raise up front parapet and colums 18" to 24" (both existing and proposed portion of building), and wrap parapet around entire project. b) Increase height of parapet behind sign approximately 18" above greater parapet to interrupt continuous plane of the roof line and match the 500 block building. c) Add decorative cornice along entire perimeter parapet (both existing and proposed), similar to that proposed for the 500 block. d) Windows (including on south side) shall match windows proposed for front faf adc. e) Raise rear parapet and cornice, similar to recommendation for front facade. Existing and proposed parapet should be similar in height. f) Add columns on all sides similar to front fagade (approximately eight (8) along rear fagade, beginning with column at each end). Awning on existing building should be broken up or enhanced by similarly designed columns. g) Windows on south side should also match front. h) Standing seam roof addition shall be replaced with continuous parapet and cornice. Page.7 File Name: The Dolphin Restaurant File No.: MSPM 99-002 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 47. Provide a dimensioned sign detail showing materials, colors and method of lighting. Staff recommends that the sign design shall incorporate X historical style lighting uplit or down lit fixtures which will also be recommended as an architectural enhancement feature for the historical buildings of the Ocean Avenue 500 Block revitalization project. Staff also suggests the application of an architectural banding element that promotes a greater differentiation between the parapet wall and the wall sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article IV, Section 6, Paragraph B & C) 48. To increase the historic appearance of the existing festanrant and X proposed expansion, and to improve compatibility with 500 block buildings, a) raise up front parapet and columns 18" to 24" b) Increase height of parapet behind sign approximately 18" above greater parapet to interrupt continuous plane of the roof line and match the 500 block building. c) Add decorative cornice along front similar to that proposed for the 500 block. d) Windows shall match windows proposed for front fafade. e) Raise rear parapet and cornice, similar to recommendation for front fagade. f) Awning on existing building should be broken up or enhanced by similarly designed columns. g) Standing seam roof addition shall be replaced with continuous parapet and cornice. h) One-half column shall be used where space is inadequate for full column. i) Sign colors and design shall be compatible with building color/design and subject to staff approval of final shop drawings. ADDITIONAL CITY COMMISSION BOARD COMMENTS tq O Iq ~. 49. To be determined MWR/nl J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\DOLPHiN RESTAURANT~CONDITIONS OF APPROVAL P&D 7-15.DOC