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Minutes 09-16-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 16, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman. Commissioner Kerry Willis. City Manager James Cherof, City Attorney Sue Kruse. City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor The Regular Meeting of the City Commission began at 7:10 p.m. Mayor Taylor announced the passing of former Commissioner Lynne Matson's father. The City Manager's Office can provide her address for expressions of condolence. B. Invocation - Reverend Randall Gill, First Presbyterian Church of Boynton Beach C. Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman These items were dispensed with at the commencement of the Special Meeting to adopt the Proposed Budget for Fiscal Year 1997/98. D. Agenda Approval: Additions, Deletions, Corrections Commissioner Jaskiewicz requested the addition of the following two items: III-A.2 Report by Jim Reed regarding the Lake Worth Lagoon Committee III-A.3 Announcement of Opening and Dedication of Mangrove Park by Charles Frederick - Director of Recreation & Park Mayor Taylor requested reordering the agenda to bring Item XI-D. 1 (Stipulation & Settlement Agreement for Alhambra Square North) forward on the agenda before the Consent Agenda. In addition, he requested removing Item IV-D.2 from the Consent Agenda to be discussed immediately following the legal item for Alhambra Square North, Mayor Taylor requested removing Item IV-J (5% Increase in Compensation for City Employees) th for discussion, and tabling Item IV-K (Relocation of G.A.L.A.) until the October 7 Regular Meeting. City Manager Willis requested renumbering Consent Agenda Item IV-C.12 to Item IV-C.12. a in order to add the Letter of Credit for Boynton Commons PCD as Item IV-C.12.b. City Manager Wdlis requested the addition of Item V-AA.. Schedule Workshop Meeting Regarding the Administrative Personnel Policies. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 City Manager Willis requested that Item X.A.2 be tabled until the Regular Meeting scheduled for October 7th. Attorney Cherof requested the removal of Item IV-C.8 for discussion 2. Adoption Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion that carried unanimously. II. ADMINISTRATIVE: A, Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date * Titcomb V* Tillmar * Titcomb IV* ,Tillman [* Titcomo [* TitcomD IV* Tillman I* Bradley Mayor Taylor Titcomb ~ Titcomb I* Bradley I* Titcomb Mayor Taylor Titcomb Adv. Bd. on Children & Youth Alt Adv. Bd. on Children & Youth Stu/Reg Civil Service Board Alt Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Community Relations Board Alt Community Relations Board Alt Community Relations Board Reg Community Relations Board Reg Library Board Alt Senior Advisory Board Alt Recreation & Parks Board Alt S.HI.P. Affordable Housing Reg S.H.I,P. Affordable Housing Alt 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 2 yr term to 4/99 TABLED 3 yr term to 4/00 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 3 yr mrm to 4/00 TABLED 3 yr Term to 4/00 TABLED 1 yr Term to 4/98 TABLED Iyr term to 4/98 TABLED · yr term to 4/98 TABLED 2 yr term to 6/99 TABLED 2 yr term to 6/99 TABLED *NOTE: Indicates Appointment Will Rotate At Next Meeting If Not Filled All appointments remained on the table. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcement: T.N.T, Concert - September 26, 1997 - 6:00 p.m. to 9:00 p.m, - Oceanfront Park - Gerald Dimitri - Jazz Mayor Taylor made this announcement. 2. Report by Jim Reed on Lake Worth Lagoon Restoration Project During the last meeting that was held. the steering committee's first goal was developed. That goal is to develop and implement the entire Lake Worth Lagoon Management Plan. Within that MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER t6, 1997 goal was the first objective which is to review and approve the goals and objectives of the subcommittees that were formed. Four subcommittees were established. They include water and sediment quality, habitat improvement and restoration, regulatory review, and public information. For the past month, the subcommittees have been meeting to hash out the issues and develop their own objectives. In addition there are two grant-writing efforts in the works to obtain grants through [he EPA. One grant is to hire a professional facilitator to keep this going and the other is to design and implement a prototype project to address sediment issues on the fresh water side of the canal that is going into the Lake Worth Lagoon. There was a Coastal Water Management Workshop in late August and there are technical meetings scheduled for the water and sediment quality subcommittee. In mid-October, there will be a general meeting of the steering committee to address technical issues and to bring everyone up to the same level of understanding of some of the technical problems. Mr. Reed held a separate meeting at South Florida Water Management District with Pat Walker to talk about water quality problems with stormwater retention ponds. In the course of that meeting, it appeared that the sediment portion of the waters that come from the stormwater sediment oonds may not be a particular problem. Mr. Reed asked if the Commissioners had any specific concerns relative to this project. Commissioner Bradley advised that County Commissioner Newell has recently talked about the creation of a spoils island in the south end of the Lake Worth Lagoon While this is a great idea. he ~s concerned that it will be created near the City's Intracoastal Park. Atthough it may be convenient, we may have a problem if there are a lot of people parking at the park and swimming or rafting out to the spoils island. We must watch this closely because this type of action could ruin the seagrasses. In addition, he would like to widen and raise the height of the inlet. He questioned whether there has been any discussion on this ssue and suggested that Mr. Reed raise the issue. A wider inlet would be safer and would flush better The cost of widening the inlet is paramount. As we look at progress for Boynton Beach. one of the critical areas is waterfront property. We now have small-end operations. However. if we could ever get a higher bridge an(~ wider inlet. we may be able to attract large boats ano commercial operations. Commissioner Bradley suggested that he and Mr. Reed meet to discuss this possibility. Mr. Reed said most of the discussion of water quality has been on the fresh water side The committee is in its initial stages. They have not yet gotten into these types of technical issues. The general meeting will be on October 15TM at 2:00 p.m. Mr. Reed will contact Commissioner Bradley to arrange for a meeting to discuss these issues. Mayor Taylor thanked Mr. Reed for staying on top of this issue, He reported that Commissioner Newell proposed the spoils island today to the County Commission. He requested $20.000 to have the study performed to see where the island should be located. He received support from only one of the five Commissioners present, The opposing Commissioners were not willing to fund this study since they are raising taxes in the County. They suggested Commissioner Newell bring this item back at a future Commission meeting, possibly funding this item from his recreation account. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 Mayor Taylor further noted that this was the first time he has heard discussion in public about widening the inlet. Vice Mayor Titcomb said he echoes Commissioner Bradley's sentiments and hopes we will be looking at this issue in the future. Announcement Of Opening and Dedication of Mangrove Park - Charles Frederick, Director of Recreation & Park Mr. Frederick reminded the Commissioners that the conception of developing Mangrove Park began ~n 1993. After two years of permitting and athgreat deal of design changes, Mangrove Park wi l be opened and dedicated on S~ptember 27 at 10:30 a.m. The invitations were sent out this morning. Mr. Frederick invited the public to attend. Mayor Taylor praised everyone involved in this project. He reported that he walked the park last Sunday and feels the public w be very pleased with this project After going through the trails, there are places to sit near the Intracoastel Waterway. Commissioner Jaskiewicz advised that the City is in rece pt of a check from the State of Florida n the amount of $90.000 for this project. B. Presentations: 1. Proclamations: a. "Literacy Awareness Month" - September. '1997 Mayor Taylor read a Proclamation declaring September as "Literacy Awareness Month". and presented the Proclamation to Mark Berger, Vice President of the Palm Beach County Literacy Coalition. Mr. Berger said there are approximately 100,000 adults who do not read. The goal of the Literacy Coalition is tG have every adult read above the 4~" grade level and every child read at grade level. He thanked the City for the Proclamation and invited participation in their Spelling Bee to be held at the Boynton Beach Mall on September 20th. Commissioner Jaskiewicz advised that on September 8~n. our City was well represented ~n our local schools regarding this program. She participated along with Police Chief Gage and Fire Chief Bill Bingham "National Domestic Violence Awareness Month" - October, 1997 Mayor Taylor read a Proclamation declaring October as "National Domestic Violence Awareness Month". and presented it t~ Chavelle Holland. Director of Children's Services who invited the Commissioners to their Candl)elight Vigil on Monday, October 27TM at FAU. There will be another Candlelight Ceremony in Riviera Beach on October 6TM. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORI DA SEPTEMBER 16, 1997 Presentation of Certificates of Accomplishment to the Boynton Beach Track Team for Various State and National Titles Earned This Summer Charles Frederick. Director of Recreation & Park. introduced Wally Majors and Clive Harris who will recognize the young boys and girls who excelled in track and field events at both State and National levels in Junior Olympics and the National Hershey Track and Field Program More than 250 youngsters are involved in the program and every year, there are more youngsters excelling at State and National levels. This is attributed to the staff level of our Athletic Department and the instructors who have worked with these youngsters for many years. Mr. Frederick called Messrs. Majors and Harris to the podium along with Mayor Taytor to present the Certificates of Accomplishment. Mr. Majors expressed pride in being able to present these Certificates to the youngsters who were selected to participate. They are: Jowanna Fullwood. Sabrina Lester, Austria Wilkins. Marquita Phillips. Tawana Cole, Brandon Wilson Marcus Dukes. Michael Dowdell. Prentice Quince. Ronald Williams. Jr.. Jules Noel. Mr. Majors introduced Ron Williams. Sr.. who coaches the youngsters, ane referred to Mr. Clive Harris as a guardian angel. Mr. Harris is a 5TM grade teacher at Plumosa Elementary School and an e. mployee of the City of Boynton Beach. He used his own money to rent a van to transport the children to Bethesda, Maryland and Baton Rouge, Louisiana. Consider request from Milnor Corporation for amendment to 1989 Stipulation and Settlement Agreement with Alhambra Square North - POSTPONED TO 9/16/97 City Attorney Cherof advised that in 1989. the City entered into a Stipulation and Settlement Agreement which ocked in for specific parcels the Future Land Use Element designation and the zoning classification. In conjunction with a request for a site plan for a specific use on the property, the property owners have requested that the City reconsider the Stipulation and Settlement Agreement in hopes of amending the agreement to permit specific uses on the site ano for an amendment to the Future Land Use Element designation and zoning classification. Cynthia Henderson, of Rudnick & Wolfe of Tampa, Florida, was present with Alan Bumberg, representing the builder of Walgreens, and Chris Cutro, Planning Consultant for the project. Ms. Henderson said this Stipulation and Settlement Agreement was entered into by the Circuit Court in 1989 for a four-acre site ,ocated at the northeast intersection of Congress Avenue and Golf Road. This parcel is referred to as Alhambra Square North. Ms. Henderson distributed handouts relative to the permitted uses under the Agreement, and a letter to Attorney Cherof relative to the site plan. Ms. Henderson advised that an nterpretation question has arisen over what is a ~harmacy. Before the Stipulation and Sett ement Agreement was approved, the parcel had a land use designation of Moderate Density Residential and a zoning designation of R-I-A-A. The Stipulation and Settlement Agreement resulted in a change to the land use and zoning of the property to Office Commercial with a C-1 zoning with an intended use of office and medical The pharmacy proposed is specifically listed as a permitted use under the Stipulation and 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, '1997 Settlement Agreement and does implement the Agreement with respect to square footages that are allowed. Paragraph 12 of the Agreement states that Boynton Beach had agreed to permit the use and development restrictions of the land subject to the Settlement Agreement. subject only to the restrictions in the Agreement and the usual and customary procedures of the City by issuance of the site plan approval, building permits, etc. When the applicants went before the Planning & Development Board, they agreeo with staff on the conditions. This proposal was reviewed for many months by staff who issued an extensive number of conditions prior to approwng it. This is an important fact because, since this is in a litigation form, the City has its hands tied with what it can and cannot do. The court has dictated the uses that are permitted and the procedures that must be followed. As with site plan approval, the actions are ministerial in nature and not subject to outside questions and reopening of whether or not. under the zoning, the uses are appropriate From a planning perspective, when you look at the uses proposed with respect to the neighborhood, a medically- related commercial use is very appropriate based on the residents in the area. and the compatibility of the site with the surrounding area. Alhambra Square South has an approval for an ACLF which will be located across the street from this proposed use. The Agreement states that in interpreting the declarations,to be recorded and interpreting what s appropriate, the only party that is a beneficiary of the Agreement is the Boynton Leisureville Community Association. During the first hearing, they spoke in support of this project. The one thing the residents have asked for either as a site plan condition or amendment to the Stipulation and Settlement Agreement.. and we have agreed to. is a time frame for construction to commence within either six or nine months. This will allay their feer that the project will linger and someone else may not hold to the architectural attention and integnty promised by Walgreens. Ms. Henderson requested that the Commission make an interpretation that the proposal is consistent with the Stipulation and Settlement Agreement and add a condition regarding the timing of pulling of building permits subsequent to building permit approval Mayor Taylor noted that the request is for an amendment to the Stipulation and Settlement Agreement even though Ms. Henderson has stated that the proposal is warranted under the Agreement. He questioned the need for an amendment. Ms. Henderson said the amendment deals with the timing of construction for building permit to assist the residents in their concern that the structure would be built within a definite time frame. Her interpretation on the Stipulation and Settlement Agreement is an interpretation and confirmation for staff that oharmacy is a permitted use. Attorney Cherof advised that this central issue requires a "leap of faith" to get from the specific language of the Agreement to the interpretation that the pharmacy use projected for the properly falls within the permitted uses of the property, One of the intents of the proposal to amend the Agreement is to make it clear that that is. in fact. a permitted use. If the Commission is 'not prepared to take that "leap", he would recommend denying the request to amend the settlement Agreement. The applicant has other avenues available such as the court that entered this Order. The court retains jurisdiction for interpretation. Attorney Cherof recommended that the Commission not try to interpret what the cour~ has done. The courts do 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 not like City Commissions making interpretations for them. and in the past. when the Commission has attempted to make such an interpretation, the results were not good. Ms. Henderson referred to Item 1-1 of the LDRs which she feels states the permitted uses in this area. Attorney Cherof explained that this proposed pharmacy will carry the items mentioned in this section of the LDRs. but it will go well beyond that in trading in other types of items that are retail in nature. Ms. Henderson requested that Mr. Bumberg approach the podium to provide a history of Walgreens. Commissioner Tillman questioned whether or not the Commission should listen to a presentation on the history of pharmacies if the Commission was going to decide not to interpret the court's rufing. Attorney Cherof advised that if the Commission decided it was not going to make an interpretation, it would not be necessary to hear a presentation. Mayor Taylor wanted the applicant to feel he wad an opportunity to provide as much input as possible. Mr. Bumberg advised that Walgreens has staff's approval after a very exhaustive review. There were 49 conditions the applicant has agreed to. There were two text changes made by the applicant that were actually clarifications. Mr. Bumberg ~s aware of the fact that there is concern about whether or not the building next to Walgreens will ever be built. Mr. Bumberg said he was authorized to make the commitment on behalf of the developer of that portion of the project. There are negotiations in progress with two users - one of which is a stock brokerage firm that will use more than half of the building. Upon approval of the request this evening, that developer will begi n his development plans and leasing. Mr. Bumberg said the idea of a pharmacy selling only pharmaceuticals today is not realistic. The pharmacy of today is Walgreens. Eckerd's. Rite-Aid Publix and Kmart. Every pharmacy sells more than just pharmaceuticals. Walgreens is a larger scope, but the ~ssue is the same. Walgreens builds pharmacies, but uses everything else to get customers into the store This is a use that most neighborhoods do not find objectionable. Chris Cutro. Land Development Consultant 2455 Hollywood Blvd. Hollywood. Florida. has 24 years of experience as a planner. He was a Planning Director for three years in the City of Hollywood and three years in the City of Boynton Beach. He has had his own consulting firm for the last four years. Mr. Cutro explained that he was asked to review the uses in the C-1 zoning district to determine whether or not the proposed use is any more intense or outside the scope of what is allowed by the C-1 zoning district. The C-1 zoning district allows churches, When you add the allowable accessory uses and the conditional uses such as schools, they become very intense traffic attractors and traffic generators. Financial institutions have become a meld of retail business as well as drive-through business. Government facilities include community centers that are 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 intense uses attracting traffic and dispersing a large amount of traffic. There are also a number of conditional uses that are considered by our Code to be acceptable unless it can be proven that they are a detriment to the surrounding area. They are schools and restaurants, In addition copying services is a retail use that has no limitations. In Mr. Cutro's opinion, the proposal is not a "leap of faith". Mr. Cutro said [hat when he was Planning Director for this City, no questions arose with respect to a pharmacy on this site. He believes the City Commission has the ability to make the interpretation because there are uses in the C-1 zoning district that are comparable to a drug store/pharmacy and would fit the character of the Stipulation and Settlement Agreement as aoproved in 1989. Attorney Cherof advised that the term "pharmacy" appears in C-1 zomng districts. The term "drug store" appears in the C-2 zoning district. Neither of those terms are defined by the Code. However. it is clear there are two different terminologies used. His interpretation would be that those terminologies identify two different types of uses. The use permitted in C-2 is more retail n nature, while the use permitted in C-1 ~s more professional in nature. With respect to the "leap of faith". Attorney Cherof explained that Mr. Cutro gets paid to take leaps of faith. Attorney Cherof gets paid to caution the Commission not to take leaps of faith. Bill Lynch, 19t2 SW 16th Avenue, is President of the Boynton Leisureville Community Association. He advised that the Association ~s aware of the Agreement and was a party to it. In Mayi they met with the applicant who presented the project. The Association is convinced that the applicant has met the Stipulation along with an additional stipulation regarding the time line for construction. The Community Association has no objection to this project. Ms. HendersoF requested the Commission's approval to move forward with the project. However. if the Commission does not wish to make an interpretation Ms, Henderson would like guidance in order to go into court. Commissioner Jaskiewicz said she has researched this issue with many residents who would be affected. She feels if the projec[ were a permitted use under the C-1 category, there would be no need for this discussion, Commissioner Jaskiewicz has read the entire Agreement. It took a very long time to determine whether it was architecturally compatible with the surrounding areas, In looking at the configuration of the buildings proposed at that time. there were two office buildings joined at the front. One of those buildings could possibly contain a pharmacy. All of the people she has spoken with concur the original configuration would be most suitable for that corner. Vice Mayor Titcomb advised that he was contacted by representatives of the applicant in addition to members of community groups. He knows that drugstores have changed. However when he reads the allowable uses in the Code and looks at the C-1 office/medical designation written into the Agreement. he does not believe anyone who negotiated the Agreement was negotiating in the modern-day drugstore/pharmacy. Vice Mayor Titcomb is not comfortable deciding the classification within the intent of the Agreement and recommends that the applicant and the residents meet to try to find a better solution that is acceptable to all sides or that the applicant pursue clarification through the court system. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, t997 Commissioner Tiliman agreed with Commissioner Titcomb's comments. He does not believe it is this Commission's responsibility to interpret or reinterpret the Settlement Agreement. He does not feet this Commission should try to do the court's job. Mayor Taylor said his original observation stands even after the presentation. An amendment is requested by the applicant but the applicant's representatives are saying an amendment is not necessary because the use is approved under C-1 zoning. While he agrees that things have changed over the years, he believes Vice Mayor Titcomb was very astute in his observation. He would prefer to leave this decision to the court. Motion Commissioner Bradley moved to deny the request from Milnor Corporation [o amend the Stipulation and Settlement Agreement. Commissioner Tillman seconded the motion. Ms. Henderson questioned whether it would be proper for the Commission to phrase the motion so as to direct the applicant to go to the court for an interpretation. Attorney Cherof advised that the City Commission is not directing that the applicant go to the court for an interpretation. However. that is an option available if the applicant wishes to pursue it. The Commission's motion is not to interpret or enter into an amendment to the Stipulation and Settlement Agreement. Ms. Henderson asked if it would be possible to continue these items until next month to allow the applicant an opportunity to go to the court for an interpretation. Mayor Taylor advised that the motion on the floor required action. He polled the vote which carried 5-0. IV-D.2. Development Order Denying Application for Site Plan Approval for Alhambra Square North (Application Denied by Planning & Development Board on 8/26/97) Mayor Taylor reported that the Planning & Development Board denied this request, Mr. Bumberg requested continuing this application. Attorney Cherof advised that the Commission is permitted to defer action to a public hearing and grant a continuance. This can be accomplished by fixing a date n the future for a public hearing. This item can be rescheduled for a public hearing and an nquiry can be conducted about whether the site plan is proper. Ms. Henderson requested that this application be postponed until the first meeting in November. Motion Commissioner Bradley moved to postpone the site plan discussion to the first meeting in November. Vice Mayor Titcomb seconded the motion that carried unanimously. MEETING MI NUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 IV. CONSENT AGENDA: A. Minutes: City Commission Workshop Meeting Minutes of August 25, t997 No additions deletions, or corrections were made to these minutes. Motion Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion that carried unanimously. 2, Regular City Commission Meeting Minutes of September 2, 1997 No additions, deletions or corrections were made to these minutes~ Motion Cc'nmiss~oner Tillman moved to approve. Vice Mayor Titcomb seconded the motion that carried unanimousiy. 3. Special City Commission Meeting Minutes of September 4, 1997 No additions, deletions, or corrections were made to these minutes. Motion Commissioner Tillman moved to approve. Vice Mayor Titcomb seconded the motion that carried unanimously. B Bids - Recommend Approval - All expenditures are approved in the 1996- 97 Adopted Budget I Approve contract with JMW Construction for EZELL HESTER PARK PHASE III BID #053-192-97/SP to expand recreation to include a lighted football/soccer field, basketball courts, tennis courts racquetball courts. sand volleyball and expanded parking in the amount of $547,300 (Proposed Resolution No. R97-148) 2 Approve contract with West Construction for PALMETTO GREENS PARK EXPANSION BID #054-192-97/SP to construct restrooms, picnic shelter children's playground, landscaping, and parking lot in the amount of $172.447 (Proposed Resolution No. R97-149) 3. Award Annual Supply of Sulfuric Acid - BID #063-401-97/SP to Apperson Chemicals of Pompano Beach Florida at the pnce of $0.031375 per pound/S64,716 (based on 5,604 pounds per day equaling 2.045.460 pounds per year) for Utilities Department 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 Award Fabrication and Erection of Neighborhood Signs - BID #064-241 - 97/CJD to Jeff Industries. Inc., of Hypoluxo, Flodda with pricing as follows: 1-15 signs = $575. 16-25 signs = $550. 26-29 s~gns = $540 - Budgeted Amount = $10.000 Award Sale of Surplus Golf Course Equipment - BID #061-725-97/SP to C. William Hider & Associates of West Palm Beach. Florida, for three of eight items for a total amount of $3,100 (Toro Sandpro-$300: Hahn Sprayer-S2,000; Ryan GA30 Aerifier-$800) Resolutions: Proposed Resolution No. R97-150 Re: Authorizing the Mayor to enter into an NPDES Intedocal Agreement between the City and Northern Palm Beach County Improvement District Proposed Resolution No. R97-151 Re: Approving amendment of the Task Statements and Education/Job Related Experience sections of the Action Center Technician job description Proposed Resolution No. R97-152 Re: Approve purchase and authorize the Mayor to sign a contract with H.T.E.of Lake Mary, Florida in the amount of $519.417 for hardware, software, training, support, and conversion services designated for the Finance Department. Human Resources Department, Utility Department and Development Department by piggybacking a bid awarded by the City of Palm Bay, Florida Proposed Resolution No. R97-153 Re: Authorizing the Mayor and City Clerk to enter into a contract for credit care services with Barnett Merchant Services Corp., a division of Barnett Bank, for Golf Course retail sales at the Municipal Golf Course Proposed Resolution No, R97-154 Re: Authorizing the Mayor and City Clerk to execute an agreement for the purchase, installation, and maintenance of GMS Windows 95 Software between the City of Boynton Beach and Golf Management Systems, nc. Proposed Resolution No. R97-155 Re: Approving full "elease of surety for Cypress Creek S.W Phase 2 by releasing Letter of Credit No, M373914 from Barnett Bank Proposed Resolution No. R97-156 Re: Approving the reduction of surety for Crystal Key at Woolbright Place [o Kennedy Properties. Ltd Conditioned upon submission to the City of a replacement Letter of Credit in the amount of $42.922 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER t6, 1997 Proposed Resolution No. R97-157 Re: City Clerk to execute the proposed Leisureville lawsuit Authorizing the Mayor and Settlement Agreement to the Item C.8 was removed fromthe Consent Agenda for discussion. Proposed Resolutipn No. R97-158 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of August 20, 1997: a Authodzatior Design and b, Authorizatio radiator hos~ in blower bui Authorizatio~ emergency Present valv to enter into contract with Hazen & Sawyer for ;onstruction of Sludge Management Plan. to expend $4.000 from the Sinking Fund to replace ~s and replace coolant on small emergency generator ding. Work performed immediately after hose failure, to expend $2,000 from the Sinking Fund on an ,asis to fabricated scope valves for 4. 5 & 6 clarifiers. ~.s are deteriorated beyond repair. 10. Proposed Resolutipn No. R97-159 Re: Approving the new job description for Evidffnce Custodian/Crime Scene Technician being funded in the 1997/98 Budget 11. Proposed Resolution No. R97-160 Re: Approving a Special Warranty Deed conveying title to Rodney L Newton for Lot 122 plus No. 20 feet of Lots 120 & 121. Block B Boynton Hill Subdivision. as recorded in Plat Book 4. Page 51 of the Public Records of Palm Beach County, Florida 12. Proposed Resolution No. R97-161 Resolution approving Replat of Boynton Commons PCD reflecting minor revisions to the water, sewer and drainage facilities due to the relocation of Old Navy and the reconfiguration of Petsmad. Major #4 and retail offices b. Letter of Credit for Boynton Commons PCD 13. Proposed Resolution No. R97-162 Re: Approving job description for Administrative Assistant Police Chief (exempt position) and hiring and filling of that posi1~ion D. Ratification of Planning & Development Board Action: 1. Administrative Appeal for Cross Creek Centre (awning color) 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 N Development Order Denying Application for Site Plan Approval for Alhambra Square North (Application Denied by Planning & Development Board on 8/26/97) This item was discussed earlier in the meeting under Item II-C. E. Approval of Bills A copy of the bills is attached to the original minutes on file in the City Clerk's Office. Approval of Library Long-Range Plan Approve refund on Crypt F-t3, Sunset Building, Section C, Boynton Beach Mausoleum, purchased by Catherine A. Shudy in the amount of $1,911.60 1120% less than original purchase price of $2,389.50) Authorization to purchase 13 Panasonic ruggedized laptop computers from Pomeroy Computer Resource of Jacksonville under the State-negotiated price schedule ~Y~50255, in the amount of $50,700 and $9,867 for car mounts and accessories ($45,425 from COPS MORE Grant and $1.~,142 from Federal Forfeiture) I. Approve Records Disposition Requests #335, 336, and 337 from Human Resources and Ut itY B ling to dispose of public records Approval of a 5% increase in annual compensation for all full-time employees not represented/ by collective bargaining agreements on the employees' ann versary date, subject to satisfactory or better performance evaluation Item "J" was removed from the Consent Agenda for discussion. Authorization to relocate the annual Boynton G.A.LA. (Great American Love Affair) festival from East Ocean Avenue and Federal Highway to its original location at the Cit~ Complex (Civic Center/Art CenteflLibrary) on West Ocean Avenue With the consensus of the Commission. Item "K" was postponed until the October 7TM Regular Meeting to allow staff to meet with merchants on Ocean Avenue to discuss this issue. Authorization to purchase carpet from Shaw Industries, Cartersville, Georgia in the total amount of $10,955.19 as part of the IAQ process utilizing State Contract #360-240-97-1 Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of the items that were pulled or tabled. Vice Mayor Titcomb seconded the motion that carried 5-0. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, t997 IV-C.8. Proposed Resolution No. R97-157 Re: Authorizing the Mayor and City Clerk to execute the proposed Settlement Agreement to the L eisureville lawsuit Attorney Cherof explained that the terms and conditions of the agreement were outlined at the workshop meeting. After several draft agreements, he received the final draft which still requires a few m~nor changes. The substance of the settlement is identical to what was approved by the Commission. Attorney Cheref distributed a revised exhibit that describes the City's responsibility. Attorney Cherof requested approval of the Settlement Agreement. authorizing it to be executed by the Mayor, conditioned only upon the City Attorney signing off on the final document to ensure that the right description is in the document. Motion Commissioner Tillman moved to approve the Settlement Agreement incorporating the City Attorney's remarks, Vice Mayor Titcomb seconded the motion that carded 5-0. IV-J. Approval of a 5% increase in annual compensation for all full-time employees not represented by collective bargaining agreements on the employees' anniversary date, subject to satisfactory or better performance evaluation Mayor Taylor advised that he pulled this item from the Consent Agenda in order to remark on its importance. He reported that he was a guest at a recent City Manager's Organization meeting and one of the items discussed was the ~ncreases their employees would get in the upcoming year. The average increase for all cities was 3%. In Mayor Taylor's opinion, we have held the line on employee increases for the last two years while asking the employees to continue to produce in an outstanding manner. The employees have responded and that shows in what we have been able to accomplish with the budgets. The City is looking much better and that reflects the performance of the employees of this City. He is happy to be able to give the employees a better increase than they have been given in the past two years. Heis hopeful the employees will see this as a reflection of how [he Commission feels. As the City becomes financially stronger, the employees will be better paid for their performance. Motion Vice Mayor Titcomb moved to approve Consent Agenda Item "J". Commissioner Tillman seconded the motion that carried 5-0. V. CITY MANAGER'S REPORT: AA. Schedule Workshop on Administrative Personnel Policies City Manager Willis requested that the Commission schedule a workshop meeting with members of management ano the Labor Management Committee to discuss a working draft, City Manager Willis and City Attorney Cherof worked on the first draft of the new document titled 14 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER '16, t997 Personnel Procedures Manual. and the Labor Management Committee has been requested to develop a new document that everyone w be ha~py wi[h. There has been discussion about inviting S~sa~ Brandt to make a presentation and answer questions about the way the Coral Springs document works. City Manager Willis requested a date in October. Consensus There was a consensus of the Commission to conduct the workshop meeting on October 15TM at 6:30 p.m. Mayor Taylor has asked the Labor Management Committee to go through the document and provide questions and input to the City Manager's Office as soon as possible. Commissioner Tillman requested that the Labor Management Committee's response be included so that the Commissioners can review all remarks simultaneously. Mayor Tay oi confirmed for Comm~ss,oner Jack e~ ,,z tha~ the presentation by Ms. Brandt would probably take about 20 minutes, followed by a "give aqd take' workshop meeting. It is irt portant to get into the review of the document. Mayor Taylor said he has heard comments tha~ the employees have no idea what is going on and do not knc~w what the Labor Management Committee is doing, He expressed concern about this because the Labor Management Committee is made up of many department heads. They have a responsibility of sharing infom~ation with the employees. Ail of these plans are open for comment and review by the employees. City Manager Willis said she has hea~:d similar comments and for that reason, she nas requested that a Recording Secretary attend the L~bor Management Committee meetings in order to produce minutes that are available to every employee of the City Those m~nutes are on file. Mayor Taylor felt this was a good move but realizes that the average employee will not sit down to read a set of minutes. The employees would prefer to have management inform them about what is going on. Commissioner Bradley feels them ~s a feeling of ~ot knowing what is going on because this is the first time concrete plane have been presented. The Labor Management Committee has not had a great deal of information to work with. It is critical to think about how the workshop will proceed. Employees who are interested should attend, it is important to determine how to deal with a much larger number of people in order to get their in put. There qeeds to be a vehicle for exchange and sharing of information for a group that is larger than just the Labor Management Committee. Mayor Taylor said the workshop will be a public meeting and he is willing to hear employees' input if they feel their input is not being properly presented. Management has a responsibility in this effort. It is important that they provide the employees with the plan for their rewew. Once that review has been completed, they need to be able to provide their feelings about the t5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 document. If the employees do not feel their position has been represented, the Commission will accept their comments. Commissioner Ti~lman feels it would be in the best interest of the City for the City Manager to memo all department heads requesting that they set aside time for the employees to write their responses to this material City Manager Willis said this has been an ongoing discussion at department staff meetings for the past two months. We will continue to try to improve and earn new ways to communicate. We are making every effort to communicate with the employees and the public. A. Report on Operation Crack Down Police Chief Marshall Gage advised that in January, 1997~ a program was initiated i~ the northeast section of the City as a follow-up to the zero tolerance program instituted last year. The new program combined the Diremed Patrol Unit ane half of the Community Patrol Officers with a squad to go after the drug dealers who refused to leave the area. In the early part of the operation, we received phone calls from neighboring jurisdictions that they were seein§ an influx of drug dealers in their community. There were a number of individuals who refused to leave. They were targeted for proactive enforcement by the team. Of the initial 12 targeted individuals, eight are already in jail or awaiting charges in court on serious drug trafficking charges. Sixteen (16) additional major players in the area were identified who were attempting to take over some of the drug trafficking vacated by dealers who moved on. Of those sixteen all now have charges pending or are already in jail. We nave pursued Federal and State charges on these individuals. Operation Crackdown has been in operation for seven months and has resulted in 517 arrests. Street sales and orostitution are diminishing and the Department will continue its efforts When Chief Gage met with representatives of northern communities that complained about drug dealers and prostitutes mowng to their communities, he learned that a cr~me study in their jurisdictions revealed that the increase in crime is a direct result of what we are doing. There are future operations planne~l with the County and adjacent jurisdictions. We have a strong commitment to focus on our youth. He emphasized that this is a community issue. The department is working with the community and the schools. He referred to another item on tonight's agenda for the expenditure of funds for technology. Much of the equipment being requested will allow the department t~ see in the dark. Authorize use of Unclaimed Evidentiary Funds to Purchase Surveillance Equipment for the Police Department City Manager Willis reported that she could provide the Commissioners with the details of this request. The purchase will cost $103.097 from Forfeiture Funds. Motion Vice Mayor Titcomb moved to approve the expenditure. Commissioner Tillman seconded the motion that carried 5-0. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 With regard to Chief Marshall's presentation, Mayor Taylor said all but one of the people arrested have Boynton Beach addresses. Their choice to deal drugs affects everyone in the community. He commended everyone ~nvolved in this effort for an outstanding job. MAYOR TAYLOR DECLARED A E~RIEF RECESS AT 8:53 P.M. THE MEETING RECONVENED AT 9:05 P.M B. Request by Homeowners of Windemere Subdivision to Build A Chain-link Fence along the north right-of-way of the L-19 Canal on City Property in Participation with City City Manager Willis advised that this is a request from 11 homeowners in the Windemere subdivision at the Meadows for installation of s chain-link fence to improve security along the north right-of-way of the L-19 Canal on City-owned property. After reviewing this situation, it was determined that there is a public safety interest. We have a future park adjacent to this property. We feel it may be appropriate as a private/public partnership, shadng the cost of installation of the fence. This is similar to our quick victory projects. The back-up information includes an application filled out and signed by all property owners. They have agreed to participate in the cost of this installation. Because there is a security issue, we do not feel it is an inappropriate use of public funds. n response to Mayor Taylor's question, City Manager Willis said this fence would prevent access to the canal and it wilt be constructed on City property. Commissioner Bradley questioned how this fence would fit in with the design of the park layout. Charles Frederick. Director of Recreation & Park. explained that this park has not yet been designed This is a five-acre site we recently received from Nautica Sound that connects to a four-acre site from the Meadows. VVhen the park is built, we would most likely put a fence in this location on the perimeter. This fence witl not affect the design of the park. Howard Cooperman, 35 Meadows, explained that there have been many problems in this ares and the residents have had to contact the Police on several occasions. He feels this ~s a liability. Each homeowner has agreed to contribute $100 each toward the cost of this fence. This four foot chain-link fence is in compliance with the Association's bylaws. Motion Commissioner Tillman moved to approve the request for an 825 linear foot fence. 4 foot high, chain-link, at a cost of $3,000 with the cost to be shared by the 11 homeowners who have pledged $1 100 for the cost of fencing. Vice Mayor Titcomb seconded the motion which carried unanimously. VI. PUBLIC AUDIENCE: Dorothy Walker, 707 NW 3rd Street, congratulated the City for moving ahead on Phase II of Hester Park. However. she is concerned about the cold temperature in the Program Room. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 She said the senior citizens cannot remain for their entire meeting because they cannot tolerate the cold. She asked the Commission to address this problem. Mr. Frederick said the City is aware of the problem. There is a split system at Hester Park and it probably should have been designed in a different way. We need an air conditioning expert to investigate the problem and provide a solution. Mr. Frederick will bring information back to the Commission when he is, aware of a solution and cost estimate. James Miriana, 728 NE 6th Avenue, expressed concern about the ongoing problem of flooding conditions in his area. When the City repaved 7TM Street_ they left a Iow spot where the tide comes in and floods the area. In addition, there ~s runoff from Federal Highway. The residents are experiencing constant flooding conditions,for the past two months. This standing water is drawing bugs, He requested that someone from Public Works ~nspect the area to see howthis problem can be alleviated. Cathv Kelly expressed concern about the elimination of the Economic Development Department. She feels this was a very important department in this City that increased corporate industries locating here. She asked whether implemented programs will be followed through, and whether there witl be a continuation of the effort to redevelop downtown She said there are many struggling businesses in the downtown that felt they had an advocate. Mayor Taylor confirmed that economic development in the City would cont~ hue to move forward a[ full speed. The elimination of the department will not deter the City, He recommended that the merchants contact the Director of our Development Department or the City Commissioners with any questions or concerns. Ms. Kelly urged the Commiss~onem to uphold their commitment to keep the downtown merchants apprised of anything going on in the downtown area. Mayor Taylor confirmed that the City and the Commissioners have no intention of withdrawing that commitment. Vice Mayor Titcomb advised that the planning consultant was present to provide an update on Visions 20/20 process. He suggested that Ms. Kelly listen to that presentation VII. PUBLIC HEARING: None VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Items requested for discussion by Commissioner Matt Bradley t8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER t6, 1997 Landscape screening of Boynton Beach Memorial Park Commissioner Bradley said. he was approached by a few of the Cemetery Board members who questioned him about the reasons for allowing the hedge to grow at the cemetery. They expressed their concerns and explained that there had been a directive to allow those hedges to grow. Commissioner Bradley told them that was not possible because the Commission had not discussed this issue at a meeting. Mayor Taytor felt Commissioner Bradley raised a good point. He explained that he brought up the issue after he was contacted by someone who expressed the need for pdvacy at the cemetery during budal services. Mayor Taylor asked the Recreation and Park Department to provide a cost estimate. In reading the Cemetery Board minutes the members expressed concerns about the lines of sight when exiting the cemetery on Wooibright Road. n discussions with them. Mayor Taylor suggested that the hedges be lowered at the exit points to allow for better visibility. At the present time. the hedges look shabby because they are growing, and Mayor Taylor feels they could grow a little bit higher. There was also some discussion about adding buttonwood trees. Commissioner Bradley was concerned because the members of the Cemetery Board thought this was a done deal. He feels there s a perception that Mayor Taylor is telling staff what to do without that authorization coming from the Commission. Mayor Taylor said he does not believe he directed anyone to do anything, and suggested that the tapes be listened to for confirmation. He feels this may have been brought to the Cemetery Board in a manner indicating that this be done. However. his request was that the Recreation and Park Department look at the issue of increasing the height of the hedges. The department could have come back to the Commission with recommendation not to move forward because of the concerns expressed. Commissioner Bradley recalled the discussion among the Commission two months earlier. However. no dec~sion was made and nothing has come forth since mention was made of this item. Commissioner Bradley felt Mayor Taylor took it upon himself to have something happen. Mayor Taylor stated that it is obvious his remarks were misinterpreted. Mr. Frederick said a report was submitted to the Manager's Office about the cost of letting the hedge grow and planting Silver Buttonwood trees on 25' centers along the hedge line. This report came back to the department with a comment that. it looks good - go ahead and proceed. The hedge was already growing pnor to that report. The department moved forward based upon a comment from the memo that spoke about the hedge and the planting of the trees. Mr. Frederick recalled the Mayor and Commissioners being copied on that memo Commissioner Bradley said there was no motion or consensus directing [his to happen. Mayor Taylor agreed. City Manager Willis said we try to take direction from discussion at the Commission meetings. There was quite a bit of debate'about this issue and there was a compromise issued by the Commission in the discussion that we should look at a plan that would allow for some degree of 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 privacy and take into consideration safety concerns. City Manager Willis read Mr Frederick's report. She believes that her remarks were, "If I hear no objection, we will proceed to ~ssue a compromise where we were going to plant Buttonwoods in between the hedges". This was discussed by the Cemetery Board members and Mr. Frederick was instructed to proceed in the absence of any objection. Mr. Frederick advised that the trees have not be purchased to date and the hedge has been kept at a 3' level 35' from both sides of the exit/entrance points on Woolbright Road. The cost estimate for the trees is approximately $3.000 which was brought to the Cemetery Board. They wanted to discussthis issue further. Staff did not move forward and is awaiting further direction. Comm~ssloner Jaskiewicz said she also spoke to a Cemetery Board member and expressed some reservations about a wall (landscape or other) because of safety issues. Trees would be an improvement to the area, but she is opposed to a 6' or 8' hedge. Commissioner Jaskiewicz would like the hedges maintained at 3' with.trees in between. Vice Mayor Titcomb is supportive of adding trees to beautify the area. but ~s opposed to increasing the hedge height. Mr. Frederick said the Cemetery Board requested a sketch so that they can see the placement of the trees before they are planted and to check with the Forester to see if there is another tree alternative. Motion Vice Mayor Titcomb moved to approve the tree projec~ and recommend that the Cemetery Board members be taken to a location in the City that has similar plantings so that they can see what Silver Buttonwood trees 25' on center look like. At Mayor Taylor's request. Vice Mayor Titcomb added an amendment to his motion that included directing the Recreation aha Park Department to put together a tree program with the approval of the Cemetery Board. and then bring it back to the Commission for approval. The hedge will remain at 3'. Mr. Frederick questioned whether the funding associated with this program would come from the Cemetery Funds or unappropriated CIP. Mayor Taylor requested that the options be taken, to the Cemetery Board and then to the Commission Commissioner Jaskiewlcz seconded the motion. Mr. Frederick confirmed that the Commission's desire is to return the hedge to its 3' height. The motion carried 5-0. Grant Application Partnership with Motorola and School District - Request for $5,000 for Congress Middle & Poinciana Elementary Schools for problem solving program 2O MEETING MINUTES REGIJ LAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, '1997 This item was tabled until the Regular Meeting scheduled for October 7. 1997. XI. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - '1st Reading Proposed Ordinance No. 097-47 Re: Amending Part I Chapter 4, Animals and Fowl. Of the City of Boynton Beach Code of Ordinances to delete Sections 4-1 through 4-51 of Chapter 4 in their entirety, reserving said sections: providing for the creation of Sections 4-1 through 4-38 (updating the Animal Control Ordinance) Attorney Cherof read Proposed Ordinance No. O97-47 by title only. I~otion Commission_er Jaskiewicz moved to approve. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. O97-48 Re: Approving the deletion of Section 2-91 of the Code of Ordinances and replacing said section with a new schedule of penalties/fines consistent with the uniform method of code enforcement citation utilized by Palm Beach County Attorney Cherof read Proposed Ordinance No. O97-48 by title only. Motion Commissioner Jaskiew~cz moved to approve. Commissioner Tillman seconded the motion. Commissioner Bradley referred to the violations and penalties for hedges exceeding the maximum height, and asked how this fits in with landscaping not maintained as required per Code. Attorney Cherof advised that there are specific provisions of the Code that deal with hedges. This is a separate section from the general section dealing with landscaping. Attorney Cherof is not certain of the ong~n of the fine amounts. However, he offered to research this item and bring it back. Commissioner Bradley also pointed out that the Commission would be addressing motor vehicles, boat repairs, signs, etc. during the discussions related to community design. He is hopeful there is nothing contained in this Ordinance that will prohibit reworking or irnplementation of the Code later on 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 Attorney Cherof assured him that would not happen, We are required to nave a fine schedule in place in order prosecute as municipal Ordinance violations in County courL City Clerk Sue Kruse polled the vote. The vote was 5-0. C. Resolutions: None D, Other: Consider request from Milnor Corporation for amendment to 1989 Stipulation and Settlement Agreement with Alhambra Square North - POSTPONED TO 9/'!6/97 This item was discussed earlier in the meeting as Item II-B. Xll. UNFINISHED BUSINESS: A. Visions 20/20 Planning Study Status Report Ms Heyden advised that the back-up material contains a status report of where we are. This project is a 49~week study and we are 25% complete at this point. We have received one invoice to date in the amount of $8.751. There were 17 tasks due and we are on schedule. There are approximately four tasks that have been initiated, They are: Task 3.1 dealing with collecting housing and neighborhood information: Task 1.6 evaluation of the urban design sharacter: Task 1.8 public workshop and City Commission (set for'October 7~n); and Task 6.1 identifying ~mplementation agents. One of the things that has come up over the past month is the issue of the study area. There was some misunderstanding between staff and the consultant. When the RFP was prepared. the City was looking at this as a City-wide project. Although there are specific recommendations for smaller target areas, the consultant will have to look at the entire City to make recommendations that make sense. Henry Iler advised that the RFP that was advertised set out certain target residential and commercial areas and most of the tasks in the RFP were directed toward those areas. Mr Iler pointed out that when an economic and financial plan is done to revitalize and redevelop the downtown area commercial corridors and other areas specified in the scope, the consultants wii have to look regionally and at all of Boynton Beach. Therefore, their analysis will not just took at the study area east of 1-95. It will look at trends and realities beyone that. The scope of work 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 specifically identifies a City-wide housing strategy that will be developed to orovide a better balance of housing, There are other areas where the consultant will look at the City as a whole: however, the focus of their recommendations will, be on how to redevelop the area east of 1-95 and specifically for the commercial corridors identified in the scope of work. The consultants are moving along aha have tentatively scheduled a workshop for October 7'' to present the initial concept for the manna district. This is the first major work product. There will be other recommendations regarding the feasibility of expanding the CRA and other neighborhood work. Five neighborhood meetings have been conducted within the past two to three weeks. The consultants are moving along on specific items that come about. There is a meeting planned for Thursday t¢ look at the drainage pIans for the marina area as a result of the bdage project. As development plans come in, the consultants are asked to look at them. In response to Mayor Taylor's question, Mr. ller said the consultants will be making recommendations that pertain to the south end of Federal Highway. Vice Mayor Titcomb questioned whether the master plan in terms of concepts and sketches will be unveiled during the workshop meeting. Mr. lief respondeO affirmatively. Mr. lief feels the presentation will take approximately 45 minutes, and he believes the entire meeting will take approximately one or two hours. Consensus There was a consensus of the Commission to hold this workshop meeting at 6:00 p.m on October 7~r', prior to the Regular City Commission meeting which will begin at 7:00 p.m. Review proposed agenda for workshop regarding architectural design and Community Appearance guidelines (Meeting scheduled with Chamber of Commerce on November 10, 1997.) Ms. Heyden explained that the agenda included in the back-up information ~s in response to two comments made by Commissioners at two previous meetings. One comment was made by Commissioner Jaskiewicz to discuss the idea of getting properties to upgrade their landscaping. The other issue was presented by Commissioner Bradley with respect to the Community Design Plan. The draft agenda was brought to the Planning & Development Board for feedback. They added a number of items. Staff has also added a number of items. They are staff and Development Order Comments and Recommendations and Ratification of Planning & Development Board Actions. The back-up material reflects comments made at the Planning & Development Board meeting. They feel that because of the extent of this information, there should be two meetings. In addition there were comments about who sr)p~uld attend the meeting. Ms. Heyden and the City Manager feel it s important for the Chamber of Commerce to attend because of landscape issues that will affect Dreperty owners. It may,not be as important that the Chamber be present at the meeting relative to Community Design ~ssues. addition there was talk about taking a toL~r,of the City and having a slide presentation Ms. Heyden felt t would not be practical to conduct a tour because of the size of the group. Staff is 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1997 considering developing a map of the slides that will be part of the presentation. This will be distributed two weeks in advance of the meeting to allow people ample time to visit sites at their own convenience. There is a joint meeting of the City Commission and Chamber of Commerce already scheduled for November 10% Mayor Taylor pointed out that if the City Commission and the Planning & Development Board are meeting, it will be a public meeting. The Chamber of Commerce would be welcome and they could be asked to participate at the table. The Planning & Development Board members made a good point when they said it is their responsibility to come up with a community design. Commissioner Tillman feels there could be one meeting to gather everyone's comments, and a second meeting between Planning & Development and the City Commission. Commissioner Bradley feels it is important to have background information pdor to the meeting so that there is not more than what can be digested The Community Design Plan alone is a big issue to address. He suggested that information be developed to bring the Commissioners up to speed. Commissioner Bradley feels the issue of nonconformance is a Chamber issue. Consensus There was a consensus of the Commission to have the Chamber of Commerce at both meetings, City Manager Willis will check on a date for this meeting since a very full agenda has already been prepared for the joint meeting on November 10~n. In addition, she feels an effective way of looking at these issues ~s with a slide presentation. Staff will work on a good comparison of slides tO determine our community standard. Mayor Taylor suggested that staff take the time necessary to prepare for this meeting since this is a very important issue. He suggested that staff try to arrange a meeting in November if they are ready at that time. If staff does not feel ready at that point, they should notify the Commission. XIII. OTHER: None XIV; ADJOURNMENT: There being no further business to come before the City Commission. the meeting properly adjourned at 10:30 p.m. 24 · MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ATTEST: City'Clerk f'Ct¢~;~)rding Secretary ~,.~our Tapes) \\ch main\sn rda[a ~cctwDvm~n utes\corem\091697.d oc SEPTEMBER 16, 1997 CITY OF BOYNTON BEACH Vic/e~ayor 25 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cross Creek Centre PCD APPLICANT: Stewart F. Denholtz APPLICANT'S AGENT: Stewart F. Denholtz APPLICANT'S ADDRESS: 337 East Indianto~vn Road. Suite 8, Jupiter FL 334?7 DATE OF HEARING BEFORE CiTY COMMISSION: September 16. 1997 TYPE OF RELIEF SOUGHT: Administrative Appeal (cclor of canopy) LOCATION OF PROPERTY: North side of'Boyntdn Beach Boulevard, approximately 400 feet east of Congress Avenue - 1301 - 1313 W. Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came onto be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng 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 / 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 "B' 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 properly shall be made in accordance with the terms and conditions of this order· 7. Other Requested City Commission Meeting Dar e~s [] August 19. t997 [] September2. 1997 [] September 16. 1997 [] O¢toberT. 1997 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ia to City Manager's Office August 8. 1997 (noon) August 22.1997 (aoonl September 5. 1997 [noon/ September 26. 1997 Requested Ci~ Commission Meetiat Dates [] October2L 1997 [] November4. 1997 [] November 18_ 1997 [] Dec~mber2. 1997 IV. CONSENT AGENDA D. Date Final Form Must be Turned in to City Manager's Office October 10. 1997 (noon] October 24. 1997/nooa) November 7. 1997 (noon) November 21. 1997 (noon) RECOMMENDATION: Approve Paymenl EXPLANATION: List of Bills over $10.000.00 PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Department Name s :~BULLEq'IN~OILM SXAOENDA ITEM REQUEST FORM.DOC CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS SEPTEMBER2,1997 FROEHLINGS/PAPICO ....................................................................... $ 37,711.50 PO# 12682. Racquet Center Rehab Project, Pymt #6. Original Contract ................................................................................ $ 214,600.00 Change Orders ................................................................................................ 0.00 Payments to Date .................................................................................. 132,600.00 Current Payment ..................................................................................... 37,711.50 Contract Balance .................................................................................. $ 44,288.50 Pay From Cap Imp Find- 302-721-564~09 CONSTRUCTION TECHNOLOGY INC ............................................... $ 68,296.43 PO# 13654. Mangrove Park Project, Pymt# 8. Original Contract ............................................................................. $1,380,000.00 Change Orders ....................................................................................... (4,071.40) Adjusted Contract ............................................................................... 1,365,928.60 Payments to Date ............................................................................... 1,079,343.00 Current Payment ..................................................................................... 68,296.43 Contract Balance ................................................................................ $ 228,289.17 Pay From Cap Imp Fund- 302-412-5-630-12 JOHN C. CASSIDY .............................................................................. $ 79,866.00 PO# 9246. HVAC Modifications Pymt# 15. Original Contract ................................................................................ $ 861,703.00 Change Orders ........................................................................................ 15,784.05 Adjusted Contract .................................................................................. 877,487.05 Payments to Date .................................................................................. 743,831.00 Current Payment ..................................................................................... 79,866.00 Contract Balance .................................................................................. $ 53,790.05 Pay From Cap Imp Fund - 302-194-5-634-12 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil Gas Station at Woolbdght and Congress APPLICANT: Mobil Oil Corporation APPLICANT'S AGENT: Anna Cottrell APPLICANT'S ADDRESS: P.O. Box 19058, West Palm Beach, FL 33416 DATE OF HEARING BEFORE CITY COMMISSION: September 2, 1997 TYPE OF RELIEF SOUGHT: Conditional Use Approval LOCATION OF PROPERTY: 2605 S.W. 15th Ave (Nor[hwest comer of Woolbdght Road and Congress Avenue) DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commissmn 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 Applic~ant t/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 pub c and supPorted by substantial competent evidence are as set forth on Exhibit "B" with notation ~lncluded". The Apptica/nt's applicetion for relief is hereby ~"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shal[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 EXHIBIT "D" Conditions of Approval Project name: Mobil Gas Station at Woolbright and Congress File number: COUS 97-002 Reference: The plans consist of 1 isheets identified as 2nd Review, New Site Plan. File ~ COUS 97-002 with a Julx? 22, 1997 Planning und Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES I Comments: None I FIRE Comments: None I POLICE Commaents: 1. It is recommended that the direction of the vehicular traffic to access the car wash facility be reversed. The current direction allows for traffic flow to exit from the car wash building eastbound and travel directly into the path of westbound vehicles entering the site. This creates potential ~.--~ '~ head-on conflicts within a limited line of sight. ENGINEERING DIVISION Comments: 2. All drawings need to be signed and sealed by a design professional. 3. Palm Beach County permits for work in right-of-way are needed prior to submission of plans for a building permit. [Chapter 23, Article II.H.6.] 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, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD, DEP, LWDD and any other permitting agency shall be included with your permit request. 5. Proposed entrance on Congress Avenue is in conflict with existing light pole and guy wires. Applicant shall provide approval from governing agency to remove and/or relocate pole and guy wires. [Chapter 23, Article II,H.6.] 6. Engineer's written certification that drainage conforms to City of Boynton Beach rules, regulations and codes is required prior to Page 2 Mobil at Woolbright and Con_~ess File No. COUS 97-002 DEPARTMENTS iNCLUDE REJECT permitting. [Chapter 4, Section 7.F.2.] 7. Add to General Note 2 on Sheet C-3 "and B-90012.". V 8. Show double, 6" yellow stripes from both sets of stop boa's for land separation. 9. It is recommcmded that the Woolbright Road ingress lane be made 20 feet wide (the same as on Congress AvenUe) to allow safe and smooth V transition offlfigh speed Woolbright Road. BUILDING DMSION Comments: 10. On the site plan place a note indicating that the required handicapped accessible path leading to the entrance of the building from the abutting public right-of-way and the handicapped parking space will be designed and constructed in compliance with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2 Ili (1) thru (4). Where applicable, specify with notes on the plan the location of the required curb cut ramps and built up ramps. 1 i. Where applicable, provide the following information on the Paving and Drainage Plan: a) Show the location of the handicapped accessible curb cut ramp(s) and built up ramps. b) Provide a detail drawing of the built up ramps and curb cut ramps. c) Specify the finish grade elevations and/or slope of the accessible paths required to the building from the abutting right-of-way and the handicapped parking spaces. d) Identify the finish floor elevation of the building. Note: All drawings, dimensions, surface finishes, elevations and slopes shall comply with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2.111 (1) thru (4). 12. The 107.04 square foot proposed pole sign exceeds the 64 square feet maximum sign area allowed by the sign code. Amend the plans to show the sign area in compliance with the regulations of the sign code. [Chapter 21 - Sign Code, Article IV, Section 2.B.] 13. The 334.48 square feet of proposed signage on the buildings, canopy and pump islands exceeds the 114 square feet maximum sign area allowed by the sign code. Reduce the total area of the building/structure siguage to V comply with the regulations of the sign code. [Chapter 21 - Sign Code, Article IV, Section 2.C.] 14. Permit plans for the proposed project shall comply with the applicable Page 3 Mobil at Woolbright and Congress File No. COUS 97-002 DEPARTM]~NTS INCLUDE REJECT Building, Energy and Accessibility Code. [Chapter 20 - Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None FORESTER/ENViRONMENTALIST Comments: 15. The applicant shall remove and replace the six existing trees on the site. PLANNING AND ZONING Comments: 16. The distance between the northern edge of the Congress Avenue driveway and the property line is approximately 28 feet. LDR, Chapter 2, Section ll.C.3.D requires that this distance shall be a minimum of 30 feet. Correct the distance on the permit set of drawings. 17. It is recommended that a type of mulch other than cypress be used. 18. Eliminate the bright yellow, translucent back-lit fascia (LDR, Chapter 3, Section 10.F.5). 19. It is recommended that the egg shell stucco fascia proposed for the car wash be utilized on fascias of the proposed buildings and structures in ~,~r 7, g ,4~,~',~,~',,~ order to achieve a more ratified site as is required by Chapter 9 - .~,~,,, ~,,~,~.~,,~- Community Design Plan; Section 1 i.C. ~,~,~_~,~ 20. Information regarding lettering styles and material samples for all site signs shall be required prior to the issuing of sign permits. 21. Automotive service stations and car washes are required by code to obtain an environmental review permit. (Chapter 2 Zoning Section C.1B of City of Boynton Beach LDR). The enviromnental permit needs to be issued prior to an occupational license for the service station. 22. In order to maintain architectural consistency, it is recommended that the canopy over the gasoline dispensers be covered with S tiles as shown on the other proposed buildings. (This was done at the Mobil at Congress and Hypoluxo as well.) 23. With the permit set of drawings submit a survey abstracted for all easements and rights-of-way as required by LDR, Chapter 4, Section 7.A. Page 4 Mobil at Woolbright and Congress File No. COUS 97-002 DEPARTMENTS INCLUDE REJECT 24. LDR, Chapter 9, Section 10.1.3 requires that sign colors be complementary to the colors of the structure on which it is located. Use the same shade of bhie for the background of the sign listing prices as is used for the blue lettering of the "Mobil" sign. 25. It is recommended that the green background of the "ATM" sign be ,/ replaced with either the blue or red color of the lettering used for the V "Mobil" sign. 26. Any roof top equipment shall have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the top of the parapet wall or mansard roof. Provide elevations of the structure showing the roof top /- equipment and the required screening (all reduced to a small scale) and ch'aw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of six (6) hundred feet from the building (LDR, Chapter 9, Section 11.E). If necessary, provide architectural details of screening structures. 27. Provide traffic markings for the entire on-site vehicular system in accordance with LDR, Chapter 4, Section 7.B. 28. Provide dumpster enclosure details in conformance with LDR, Chapter 7.5, Art. II, Section 5.J and Chapter 9, Section 10.C(3). 29. Provide required dimensions for the proposed loading zone in accordance with LDR, Section 11.J. 30. The approval, of this conditional use application is contingent upon approval of the zoning variance to allow the 46 foot reduction of the /' Woolbright Road driveway distanee from the intersecting right-of-way lines of Woolbright Road and Congress Avenue from the required 110 foot. If the variance request is not granted, the Woolbright Road access driveway shall be relocated to comply with the 110 foot distance requirement. 31. In order to avoid excessive illumination and glare to passing motorists caused by lights under the pump island canopy, raise the elevation of the undercanopy by two feet. The fascia board height and elevation shall remain as proposed. Also, the photometrics plan submitted shows ~,o,~,~,~,q~ illumination points ranging from 88 foot candles down to 3.9 foot ~ candles, whereas the convenience store security ordinance only requires a minimum of two foot candles. Reduce the lighting levels so that no ~t"~ point exceeds i 0 foot candles. (Chapter 2, Section 4.N of the LDR) Page 5 Mobil at Woolbright and Congress File No. COUS 97-002 ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 32. Delete comment no. 1. 33. Revise comment 17 to ~ead: A type of mulch other than cypress shall be used. 34. Revise connnent 31 to read: Baffle the light fixtures and reduce the lighting levels so that no point exceeds 10 foot candles. (Chapter 2, Section 4.N of the LDR). ADDITIONAL CITY COMMISSION CONDITIONS 33. To be determined. /bme s:\projects\cond of appr~ DEVELOI~MENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shoppes of Woolbright PCD APPLICANT: Michae~ Morton APPLICANT'S AGENT: APPLICANT'S ADDRESS: 902 Clint Moore Road. Suite 124, Boca Raton, FL 33487 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: S.W. 8~n Street DRAWING(S): SEE EXHIBIT "A" A'Fi'ACHED HERETO. THIS MA'i-FER 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 oonsidered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant / HAS HAS NOT established by substantial corn petent 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 "B" 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 DATED: City Clerk j:,,S H RDATA~:)lanning~S HARED'~WP~PRO j E CTS~S H PSWOOL~/IpM D~DEVELOPM ENT ORDER.doc /¢ EXHIBIT "D" Conditions of A~roval Projec! name: Shoppes of Woolbright File number: MPMD 97-002 Reference: The plans consist of 1 sheet identified as 2nd Review, Master Plan Modification. File # MPMD 97-002 with a June 24, 1997 plannine and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTiLiTiES Comments: 1. Show existing easements along the east property line, west of the canal easement, (LDR Chapter 3, Art. IV, Sec. 3 (H and I)). FIRE Comments: None POLICE Comments: 2. The Police Department has reviewed the plans and feels that there is a traffic flow concern in the area of the Home Depot Garden Center. It is recommended that the 'CUSTOMER PICK-UP ZONE' be shortened and ~ not extended north of the access road to Shoppes of Woolbright. This area is already a traffic problem with customers blocking the area of the intersection. Pick-up and temporary parking for the Garden Center needs further design and consideration, prior to construction of the rest of the shopping center. 3. It is recommended that a traffic signal be installed at the intersection of the access road and S.W. 8th Street. ENGINEERING DMSION Comments: 4.: Change "outparcel 1" to Lot 2, change "outparcel 2" to Lot 1 and change i "outpareel 3" to remainder of Tract "C" to mirror "Woolbright 100" plat document [Chapter 5, Article V, Section 1.C.] 5. Identify the roadway between Burger King and Discount Auto as "Tract A (private)" to provide consistency with the "Woolbright 100" plat document, b,/ [Chapter 5, Article V, Section 1.C.] 6. Identify and locate the easement between Food Court and Discount Auto as a 27' ingress/egress easement (private). [Chapter 5, Article V, Section 1.C.] Page 2 Shoppes of Woolbright PCD File No. MPMD 97-002 DEPARTMENTS iNCLUDE REJECT 7. Correct the dimension along the north property line of Burger King from 165.89 to 165.23 to reflect the plat dimension. 8. Correct the dimension along the west property line of Discount Auto parcel from 167.97 to 167.86 to provide consistency with plat dimension. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 9. The site signs shown on the submitted plan do not match the signs shown on the approved sign program. Eliminate from the master plan the site signs from the following sites: · Cracker Barrel, [// · Race Trac, · Home Depot. 10. The second free-standing sign on the Home Depot property has not been permitted by the most recent sign program for Shoppes of Woolbright PCD. Eliminate any reference to this sign from the master plan. 11. Modify the first note from the notes section of the master plan to read as follows: "See above dimensions for location and size of minimum required peripheral greenbelt ". 12. Amend the chart that identifies previous master plans to reflect the appropriate date the master plan modification was approved by the City Commission. Also, indicate that the approvals are subject to staff comments. 13. -~'~ requ~zg time ~x.m: fer ~: :cmF!etion cf ~: Lxduz~ial Aczezz (aka I' ........... j, ~ _~ .......... ., ~, ','.'?2ch is !oc"~:d ?Akin the PLrD, Page 3 Shoppes of Woolbright PCD File No. MPMD 97-002 DEPARTMENTS INCLUDE REJECT ~,~ ,, ~ ~n-~ (superseded by proposed revised settlement agreement discussed by the City Commission on August 25, 1997). 14. Submission of a rectified master plan showing compliance with the conditions of approval for this request will be required to be submitted to the V/ Planning mad Zoning Department, prior to certificates of occupancy for Discount Auto or Food Court (whichever occurs f~rst). 15. To provide consistency among all submittal elements, amend the request letter to delete the request to change the 25 foot peripheral greenbelt for a 10 [// foot peripheral greenbelt containing a 5 feet high masonry wall (a wall is not required). 16. Correct the master plan to reflect the access between Burger King and p// Discount Auto as an easement on the Burger King parcel as per the recorded agreement and plat. 17. Although the letter of request indicates decrease in square footage of buildings located on all three outparcels of the development, the total ~J building area indicates an increase from the approved 268,290 square feet to V 313,896 square feet. Provide consistency among all proposed square footage changes on the master plan mad in the site plan data. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 18. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 19. To be determined. /bme l:kSHKDATA\Planning xSHARED\WPkPRO JECTS\SIIPSWOOL\MPMD\cond. of approval.doc DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shafiqul Islam · ~. APPLICANT: Shafiqul Islam APPLICANT'S AGENT: APPLICANT'S ADDRESS: 2111 N.E. 3ra Street, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (building height) LOCATION OF PROPERTY: Lot 10, Lee Manor Isles subdivision DRAWING(S): SEE EXHIBIT ~A' ATTACHED HERETO, THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The C ty 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 / 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 "B" with notation "Included". The Applic~ant'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 I=urther development on the property shall be made in accordance with the terms and conditions of this order. 7. Other (/ City Clerk J:\SHRDATA'~PIanning~SHARED\WP~PROJECTS~ISLAM~ZNCV~DEVELOPMENT ORDER.doc /$ EXHIBIT "F~ .Conditions of Approval Project name: Shafiqul Islam File number: ZNCV 97-003 (building height), Case No. 237 Reference: A~l~lication and exhibits with a June 17 1997 Planning and Zoning Depmtment date stamp markln~ DEPARTMENTS INCLUDE I RF-ffECT PUBLIC WORKS Comments: N/A UTILITLES Comments: N/A Comments: N/A POLICE Comments N/A :ENGINEERING DMSION , COmments: N/A BUILDING DMSION ~ Comments: N/A : ~RKS AND RECREATION Comments: N/A FoRESTER/ENVIRO~ALIST Comments: N/A Comments N/A :ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDI~TIONAL CITY COMMISSION CONDITIONS DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miami Subs APPLICANT: Awning and Sign Engineering Corporation APPLICANT'S AGENT: Anthony E. Cimaglia APPLICANT'S ADDRESS: 1900 N.W. 40~ Court, Bldg. 1, Pompano Beach, FL 33064 DATE OF HEARING BEFORE CITY COMMISSION: September 2, 1997 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (back-lit awnings) LOCATION OF PROPERTY: 1920 S. Federal Highway DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS 7 HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included", 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ¢/ DENIED 5. This Order shall take effectjmmediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other J:\S H RDATA\Pla n ning~ HARED\WP~PRO J ECT$~Miami S u bs\CD PA~:~EVELOPMENT ORDER. doc // EXHIBIT "D" Conditions of Approval Project name: Miami Subs at 1920 South Federal Highway File number: CDPA 97-004 Reference: Letter of request dated July 10, 1997. File #CDPA 97-004 with a July 11, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/A FIRE Comments: N/A POLICE Cormnents: N/A ENGINEERING DIVISION Comments: N/A BUTLDING DMSION Comments: N/A PARKS AND RECREATION Comments: N/A FORESTER/ENVI/LONMENTALIST Comments: N/A PLANNING AND ZONiNG Comments: 1. Approval of the enlarged back-lit awnings is not recommended. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Auto Care Centers of America Inc. (Heise PCD) APPLICANT: Westlake Hardware, Inc. APPLICANT'S AGENT: Anna S. Cottrell AGENT'S ADDRESS: P.O. Box 19058, W.P.B., FL 33416 DATE OF HEARING BEFORE CITY COMMISSION: September 2, 1997 TYPE OF RELIEF SOUGHT: New site plan approval LOCATION OF PROPERTY: Approximately 160 feet south of the southeast corner of Congress Avenue and Woolbright Road. DRAWING(S): SEE EXHIBIT "b" A'rrACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 ,/ 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 DATED: J',Planning\S HARED\WF~PROJECTS~AutoCare~IVVSP~DEVELOP MENT ORDER.doc City Clerk - · - EXHIBIT "C" Conditions of Approval Project name: Heise PCD (Auto Care Centers of America) File number: NWSP 97-006 Reference: The plans consist of 12 sheets identified as 3rd Review. New Site Plan. File #NWSP 97 006 with an Audust 6, 1997 Planning and Zoning Department date stamp markinc~ DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: 1. The dumpster Iocat ons for this project do not meet the minimum backing distance requirements of 60 feet for sanitation vehicles. Relocate the dumpsters to meet the minimum distance requirement. UTILITIES Comments: 2. It is recommended that the san taw sewer lines located under the proposed structures be relocated beyond the footprint of the buildings. 3. Palm Beach Health Department permits will be required pdor to permits being issued for the site by the city. (Sec.26-12) 4. The plan does not specify meter size as requested in the second review. With the permit set of drawings provide requested specifications. (Sec. 26-16(c)) 5. Palm trees wilt be the only tree species allowed within utility V/ easements. (Sec. 7.5-18.1) 6. Backflow preventors are required for certain uses. (Sec. 26-207). V/ 7. A capacity reservation fee wilI be required within thirty (30) days of City Commission approval, or upon request for Utilities Department signature on the HRS/DEP permit appl cat ons. The V/ fee amount will be determined based upon meter size or expected demand (Sec. 26-34[E]). 8. Eliminate all conflicts between the proposed sanitary sewer main V''/ and the buffer wall and landscaping. FIRE Comments: None Page 2 Heise PCD NWSP 97-006 POLICE /,~,-~ ~z~- Comments: 9. Provide the following signs: DO NOT ENTER, and NO RIGHT TURN at the parking aisles to prohibit wrong direction travel on V the one-way ddveway located south of the retail store building. ENGINEERING DIVISION Comments: 10. The site plan shall conform to those conditions of deve opment for the rezoning of the land to P.C.D. as stipulated in the Ju y 1, 1997 V Development order and itemized in Exhibit "C" as follows: Comments 3, 4 and 11. 11. If any of the recorded easements shown on the boundary survey are not necessary for site development, provide verification that they have been abandoned prior to permitting. Abandonment applications are processed throug ,h Planning and Zoning. 12. At both southbound egress a s es n the southeastern corner of the site, provide appropriate traffic control deVices to deny westbound traffic (Do Not Enter signs). 13. Correct the scale o~ the conceptual paving and drainage plan at 1//" time of permit applicat on. 14. Change "Typical Parking Detail" to show 8 foot sidewalk as shown on 2~ review site plan. ~ ~-~:.~ 15. 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, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD, LWDD and any other permitting agency shall be included with your permit request. 16. Show proposed location of your site lighting and traffic control 1,,/'' markings and signage. [Chapter 4, Section 7.B.] 17. Provide a wdtten engineer's certification that drainage will conform with all rules, regulations, codes, etc. [LDP,, Chapter 4, Section 7.F.2.] /f Page 8 Heise PCD NWSP 97-006 56. There is an existing buffer wall located on the Christian Villas property south of the proposed development. If the existing buffer wall meets, or can be upgraded to meet, the proposed buffer design guidelines with respect to the height, exterior finish and the required setback, the proposed buffer wall on the Auto Care Center of America property can be omitted, subject to providing an appropriate upgrade and perpetual maintenance agreement between Christian Villas and Auto Care Center of America prior to a certificate of occupancy 5eing issued for the first building on the PCD property. 57. :Exterior utility boxes meters transformers etc. shall be screened from public view by a buffer wall or continuous vegetative buffer as required by the Landscape Code (Land Development Regulations, Chapter 9, Section 10.C). 58. Atthough required by the code, signage information was not submitted as a part of the site plan application. Another formal y/ submittal containing signage will have to be made and presented ,to the Planning and Development Board and City Commission for approval. 59. In order to eliminate potential vehicular conflicts between vehicles backing-up from service bays of the tire store and oil change : building onto a main driveway of the complex, it is recommended v that the configuration of the detail shop and tire store will be reversed. Move the tire store to the north and install mirrors to , allow access to bays from the secondary driveway. 60. Increase the width of the sidewalk in front of all buildings to a minimum of 7 feet and provide a two foot wide planting area as required by Planning and Development Board at the time of V rezoning approval. 61. In order to enhance uniformity of the complex, it is recommended .? that all three buildings be connected by an arcade placed over the sidewalk located in front of the structures. (see attached sketch of proposed building connections) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 62. Delete comment no. 12. V' 63. Reword comment no. 14 to read as follows: Change "Typical b// Parking Detail" to be consistent with revised comment 60. 64. Delete comment no. 19. J'/' Page 3 Heise PCD NWSP 97-006 18. Locate stop bars and sgns 4 feet behind sidewalk at both ' z,-'"' . Congress Avenue driveways (MUTCD). 19.The Engineering Division recommends that the master plan be modified to reflect the approved site plan. 20. Extend the landscape island on the south side of the noah ingress aisle from Congress Avenue to be in line with the V westerly extension of a I ne a cng the curbed landscaping along the north side of the retail store; to align eastbound traffic with ~ ~.~. the lane through the two buildings. 21. For better circulation remove the landscaped island at the _/ northwest corner of the deta shop to prov de two way traffic 22. Extend the .landscape is and at the northwest corner of the oil change building so ~hat it is in ne w th thewest extens on of the landscape island at the northeast s de Align eastbound traffic in this aisle. BUILDING DIV[SIQN Comments: 23. The applicant did not submit a completed sign program proposal for review and approval with the subject site plan review request. A sign program would include detail plan and elevation view drawings of the proposed tenant and project identification signage including, but not limited to showing and identifying signage height, color(s), style, type, area, form of illumination ,// and location. Note: Structural drawings, wind Icad calculations and electrical data are not required to be submitted with a sign program, however, a note shall indicate that such issues will be in compliance with the applicable code regulations. Therefore to avoid confusion regarding the status of the signage identified and illustrated on the submitted plans remove the project identificat on sign from all plan view drawings of the site and remove the tenant building signage depicted on the elevation view drawings of the buildings. To further clarify the status of the signage for the proposed project place a note on the site plan and each sheet depicting elevation view drawings of the buildings indicating that a subsequent site plan review is required for a sign program. [Chapter 21 - Sign Code, Article IV, Section 7]. Note: All signage shall comply with the applicable regulations specified in the Sign Code and Community Design Plan. [Land Development Regulations; Chapter 21 - Sign Code, Articles I through IV and Chapter 9 - Community Design Plan, Section 10.1] Page 4 Heise PCD NWSP 97-006 24. The site plan and other plan view drawings of the site do not indicate the location of the handicap accessible path that is required to connect all three proposed buildings. Amend the plans to show and identify the accessible path including specifying the width slope and type of matedal for all handicap accessible paths. All specifications shall comply with the regulations of the Accessibility Code. [Florida Accessibi ity Code for Bu ding ConStruction. sect on 4..1 2 "~ (1) through ()].4 Where applicable, specify with notes and symbols the location of the, curb cut ramPS and buit up ramps that are requ red to make the site meet the Accessibi ity Code 25. On the paving,~nd drainage plan place a note indicating that the require(J har~i'i~ap accessible, path leading to the handicap acCeSsible .~entrance of each~ tenaat, space fi'om the abutting public right-of-Way and the handicap ,acceSsible path leading to the buii~ing en~nCe from tlt~ handicap, parking spaces Will be designed and ~0nstructed ~n, compli;ance with the regu ations specified .in the. Florida Accessiblity Code for Bulding Constru~ion, Section 4.'1.2. {~) ~throu~h. (4). Where appl cable speCify ,with ,notes 'ahd .symb~ls~the Width' of ~the path and the l~cati~n of the caw cat ~[ar~s ~artd, build up ramPS that are required :to'- maEe~t~ site 'm~et; the AOc~ss b ty Code Also ind~cAte~h~':fini~h f[~er ele_,~,.t[e~n of ea~ch.bUiidihg and Specify the f[nis~i~U~~¢'e,ele ~v'~ti0n ar~d/o~,the StoPe Ofea~h accessible path leadihg ~ the acCe~ible~htrance to~Ch tenant s ace 26. As indicated on the paving and drainage plan provide deta archite~t~t drawings of a) H~n;di~ap acCess~b!e wa!kways leading to the accessible enir~a~ to,each tenant ~c~;from the abutting right-of-way and'~ hartdicap, parking space. b) Pr,o~'~de'd~il ~ra~vJngs bf the bu It up ramps and curb cut ramps. Note: AI~ drawings, dimenSions, surface finishes elevat OhS and slopes shall comply with the regul~ions specified n the Flodda AcceSs bil ty Code for Bui dng COnstruct on Section 4..1 2 "~ ()1 through (4) 27. The Palm 'Beach County tax map depicts the project contains tWo (2) parcels of and. Therefore. to meet the Zoning Code reguations regarding setbacks, the two parcels shall be combined by either platting the project or submitting a completed executed and recorded! City of Boynton Beach Unity of Title fOrm. 28. It is the applicant's responsibility to design and construct the proje~ in ~compiiance with the applicable Building, Energy and Acce~s!bil[~Y Code. Permits~are requ red to make mprovements Page 5 Heise PCD //v'~_/../_.~' at the subject site [Chapter 20 - Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 29. Indicate on the landscape plan which trees will be preserved, transplanted, or removed and replaced. These trees are considered to be required in addition to the trees required by the Landscape Code. (Environmental Regulation, 7.5, SecA, p.2, Sec. i2, ~3.3) There are 3 Cabbage Palms and 12 Slash Pine trees on 'the site. 30. The applicant shall submit landscape and irrigation plans for that portion of the Congress Avenue grass median which abuts the ste (Comprehensive :Plan, Policy 2.4.5, p.42.) The city has a landscape des gn policy and an existing landscape design for the me~n which can 'b~ made available to the applicant PI_ANN NG AND ZONING Comments: 31. A~option of the ordinance for PUD rezoning approval is n~cessary prior to building permit issuance. 32. Submit a legal document that constitutes evidence that the entire site is under unified control as required for PCD rezoning applications. [Chapter 2 - Zoning, Section 6. F. 3. Of the Land Development Regulations] 33 On the site plan, show required setback along Woolbdght Road. 34. Provide a unity of title document for Tract "A" and Tract "B" of the parpel. 35. It is recommended, that the south perimeter landscape buffer contain, at minimum, ground cover, a three foot high berm, a six foot high concrete block wall, clusters of three shrubs or palm trees every 30 feet, a 36 inch high hedge and canopy trees 12 feet talt with a maximum spacing of 30 feet on center. The north, east and west buffer shall be the same as the south buffer, but without the wall. At minimum, 50 percent of the andscape matedal in each of the above buffers shall be Florida native species. Page 6 Heise PCD NWSP 97-006 36. Indicate location of all proposed easements on the site plan and the landscape plan. 37. An abandonment application for relocation of the utility and /// access easement located north of the southern property line shall be apprOved by the City Commiss on prior to permitting 38. Indicate the use =of the portion of the property mmedlately east of the Woo br ght Road egress/ngr~ss dr veway Also, t is V,/ recommended that this entrance be apprOpriately andscaped to beautify the entrance from Woolbdght Road to the development. 39. It is recommended that foundation landscaping be provided v// along the north south and wes[ e evat ons where practicable. 40. It is recommended that Spanish "S" tiles (terracotta blend), comparable to those used on McDonald's/Amoco be added to 41. It is recommended that a stucco wall finish painted beige, antigue whte or another c Ose-matching color combination similar to McDonald's/Amoco be used. 42. It is recommended that trim or accent colors be changed to match the blue used on McDonald's Amoco. ~ ~/-?,~. 43. It is recommended that awnings be covered with Spanish "S" v/ 44. It is recommended that the building height not exceed 30 feet. 45. A copy of the master plan, rectified to address all conditions of rezoning approval, shall be submitted prior to issuance of Y'/ building permits. 46. It is recommended that the trim, arches, pillars and scoring proposed on the west elevations be extended to all other 47. It is recommended that in order to eliminate "short-cut" traffic from Congress Avenue to Woolbright Road, the traffic direction of the ddveway south of the retail building between the two parking areas be reversed to west bound. 48. Submit a copy of the survey containing a clause stating that the property was abstracted for al easements, right-of-ways and utility lines (abstracted survey) pdor to issuance of building /5 Page 7 Heise PCD NWSP 97-006 permit, as required by Land Development Regulations, Chapter 4, Section 7.A.3. 49. On the Landscape Plan, amend the tabular summary of the planting material to include a "landscape material required by the code" category. Also, provide relevant calculations for this category. · For the landscape buffer adjacent to the right-of-way and along abutting properties prov de per meter d stances of the parcel for wh ch the landscape buffer material is being calculated (Chapter 7.5 Article 11 - Landscape Code). · For required parking area nter or landscaping apply appropriate ratio of required landscape mater a (Chapter 7.5, Article II - Landscape Code, Section 5.G). Note: In selection of the required landscape matedal follow planting specifications, inc uded in Land Development Regu atlons Chapter 7 5, Article , Sect ons 3,4 and 5. 50. Incorper:ate the above calculation into the tabulation of the landscape material provided for the site. Note, that the native requirement is fifty percent of the requ red landscape planting (Comprehens ve P an Policy 4.4.6). Mark nat ve landscape material with a distingu shab e symbo 51. Eliminate.trees from the proposed utility easement. ~.~-~- 52. An environmental review permit will be required for the proposed serv ce uses, prior to issuance of the building permit. 53. Submitted e ovations of the proposed complex do not match floor plans. For consistency, eliminate discrepancies and provide elevations and floor p aris matching each other. 54. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the top of the parapet wall or mansard roof. Provide elevations of the structure showing the roof top equipment and the required screening (all y// reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section 11.E). If necessary, provide architectural details of screening structures. 55. Provide a setback dimension of the buffer wall located along the southern property line. Page 8 Heise PCD NWSP 97-006 56. There is an existing buffer wall located on the Christian Villas property south of the proposed development. If the existing buffer wall meets, or can be upgraded to meet, the proposed buffer design guidelines w th respect to the height, exterior finish and the requ red setback, the proposed buffer wall on the Auto Care Center of America property can be omitted, subject to providing an appropriate upgrade and perpetual maintenance agreement between Christian Villas and Auto Care Center of America pdor to a certificate of occupancy being issued for the first building on the PCD property. 57. Exterior utility boxes meters, transformers otc shall be screened from public ~iew by a buffer wall Or cont nuous vegetative buffer as required by the LandsCape Code (Land Development Regulations, Chapter 9, Section 10.C). 58. Although required by the code, s gnage information was not submitted as a part of the site plan applicat on Another formal submittal containing signage will have to be made and presented to the Planning anc~ D~/elopment Board and City Commission for approval. 59. In order to eliminate potential vehicular conflicts between vehicles backing-up from service bays of the tire store and oil change building onto a main driveway of the complex, it is recommended that the configuration of the detail shop and tire store will be reversed. Move the tire store to the north and nstal! m frets to allow access to bays from the secondary driveway. 60. Increase the w!dth of the sidewalk in front of all buildings to a minimum of 7 feet and provide a two foot wide planting area as required by Planning and Development Board at the time of rezoning ap~oval. 61. In order to enhance uniformity of the complex, it is recommended that all three buildings be connected by an arcade placed over the sidewalk located in front of the structures. (see attached sketch of proposed bud ng connections) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 62. Delete comment no. 12. 63. Reword comment no. 14 to read as follows: Change "Typical Parking Detail" to be consistent with revised comment 60. 64. Delete comment no. 19. Page 9 Heise PCD NWSP 97-006 ?A/~./Z:~ 65. Delete comment no. 20. 66. Delete comment no. 21. 67. Delete comment no. 22. 68. Delete comment no. 34. /,'/ 69. Reword comment no. 35 to read as follows: It is recommended, that the south perimeter andscape buffer contain, at minimum, ground cover, an average 18 inch high berm, a six foot high concrete bock wall, clusters of three shrubs or palm trees every 30 feet, a 24 nch high hedge and canopy trees 12 feet tall with a max mum spacing of 30 feet on center. The north east and west buffer shall be the same as the south buffer, but without the wall. At minimum, 50 percent of the landscape material in each of the above buffers shall be Florida native species. 70. Delete comment no. 37. 71. Delete comment no. 40. 72. Delete comment no. 42. 73. Delete comment no. 43. 74. Reword comment no. 46 to read as follows: it is recommended that the trim and scoring proposed on the west elevations be //'/ extended to all other elevations and that the front arch and pillar theme be carried to the side and rear locations. 75. Delete comment no. 51. 76. Delete comment no. 59. ~" 77. Reword comment no. 60 to read as follows: Increase the width of the sidewalk in front of all buildings to a minimum of 5 feet and provide a two foot wide planting area as required by the Planning and Development Board at the time of rezoning approval. 78. Delete comment no. 61. ADDITIONAL CITY COMMISSION CONDITIONS 79. To be determined. /bme s:projects\autocar\cond of appr DEVELOPMENT ORDER CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Manors at Newport Place APPLICANT: Senior Lifestyle Corporation APPLICANT'S AGENT: Ronald K. Kolins, Esq. APPLICANT'S ADDRESS: 625 N. Flagler Drive, 9th Floor, West Palm Beach. FL 33401 DATE OF HEARING BEFORE CITY COMMISSION: August 26, 1997 TYPE OF RELIEF SOUGHT: New Site Plan approval LOCATION OF PROPERTY: Southwest corner of Hypoluxo Road and 7'n Court DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng 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 ~' 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 "B" with notation "Included". The Applicant's application for relief is hereby 1,,/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 /5' EXHIBIT "D" Conditions of Approval Project name: The Manors at Newport Place File number: NWSP 97-015 Reference: The plans consist of 7 sheets identified as 2nd Review. New Site Plan. File # NWSP 97-015 with a Jul,/22, 1997 Plannin~ and Zonin~ Department date stamp mark,n~ DEPARTMENTS [ iNCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Colnnlents: 1. Department of Health permits will be required for the water system serv~ing thisproject. (Sec. 26-12) 2. A capacity reservation fee will be due for this project upon request for signature on the Health Department application forms or within 30 days of site plan approval. This fee will be determined based upon final meter size. (Sec. 26-34(E)) 3. Show proposed connection(s) to sanitary sewer, with clean out at property line. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 4. All plans submitted for specific permits shall meet the City's code requirement at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD, DEP, LWDD and any other permitting agency shall be included with the permit request. BUILDING DIVISION Comments: 5. On the site plan place a note indicating that the required handicapped accessible path leading to the entrance of the building from the abutting public right-of-way and each handicapped parking space will be designed Page 2 The Manors at Newport Place File No. NWSP 97-015 DEPARTMENTS INCLUDE REJECT and constructed in compliance with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2. III · (1) thru (4). Where applicable, specify with notes on the plan the location of the required curb cut ramps. 6. Where applicable, provide the following information on the paving and drainage plan: a) Show the location of the handicapped accessible curb cut romp(s) and built up ramps. b) Provide a detail drawing of the curb cut ramps and built up ramps. c) Identify the finish floor elevation of the building. Note: Allldmwings, dimensions, surface finishes, elevations and slopes shall comply with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2 HI (1) thru (4). 7. It is recommended that the proposed project identification monument sign shown near the northeast comer of the subject site be approved administratively at time of permit review subject to the following conditions: a) Show and dimension the overall height of the sign structure not exceeding the 6 foot maximum height allowed by the code. b) Show and dimension the total area of the sign face not exceeding the 32 square feet maximum allowed by the code. c) The color of the sign structure shall match the primary color of the walls of the proposed building and the color of the symbol located above the sign copy match a color found on the proposed building. d) The color of the sign face shall match the color of the copy depicted on the Newport Place pole sign located near the intersection of NW 7th Court and Hypoluxo Road. e) Because the applicant did not indicate the monument sign will be illuminated place a note on the plan indicating the sign is not illuminated. Note: All colors shall be identified by color name, color code and manufactttrer. [Chapter 21 - Sign Code, Article IV, Section 1.B and Chapter 9 - Community Design Plan, Section 10.L] 8. Permit plans for the proposed project shall comply with the applicable Building, Energy and Accessibility Codes. [Chapter 20 - Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None Page 3 The Manors at Newport Place File No. NW'SP 97-015 FORESTE1UENVIRONMENTALIST Comments: 9. Indicate on the site plan which existing trees will be preserved, relocated or removed and replaced and prepare a Tree Management Plan for these trees prior to issuance of a site clearing permit. 10. Place a copy of the Tree Management Plan in the Association documents for proper maintenance of the trees in the future. Submit the Association docUments containing the requested clause prior to issuance of a Site clearing permit. PLANNING AND ZONING Comments: 11. With the permit set of drawings provide lighting details showing shields diverting light away from the residential properties located to the north and to the east of the site. (Zoning Code Performance Standards) 12. With the permit set of drawings provide dumpster enclosure details, as required by the LDR, Chapter 7.5, Article II, Section 5.J and Chapter 9, Section 10.C.3. The color of the dumpster enclosure finish shall match the color of the building exterior finish. 13. On the site plan show traffic control markings within the vehicular system of the development, as required by LDIL Chaptar 4, Section 7.B.2. 14. As per site plan application'requirements, in order to compare architectural compatibility of the proposed building with the existing buildings, color photographs of the existing complex shall be provided. 15. On the landscape plan, provide ~calculations for the perimeter material required by the code. For the hedge located along the western property line and on the adjacent properO2, specifications are required in order to receive credit in accordance with LDK, Chapter 7.5, Art. II, Sec. 5.E.2. Note that ficas hedge is non-native and does not meet the Florida 50 percent specie requirement. 16. Any roof top equipment shall be screened from view at a distance of 600 feet. With the permit set of drawings provide more specific construction drawings regarding elevations Of the structure showing the roof top equipment and draw in on these elevations the lines-of-sight connecting the highest point of the equipment With eye level from a distance of 600 hundred feet from the building (LDI~ Chapter 9, Section 1 I£). 17. Include in the landscape permit plans landscaping along the northern Page 4 The Manors at Newport Place File No. NWSP 97-015 property line of Lot 7 and the southern property line of Lot 8 that is used for an accessway to the PUD. (Landscape Code) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 18. None, ADDITIONAL CITY COMMISSION CONDITIONS 19. To be determined, ~bme snprolects\cond of appr~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commons PCD APPLICANT: Boynton Commons Corporation APPLICANT'S AGENT: Land Design South DATE OF HEARING BEFORE CITY COMMISSION September 16, 1997 TYPE OF RELIEF SOUGHT: Requesting approval of the Re-plat of Boynton Commons PCD LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Congress Avenue DRAWING(S): SEE ATTACHED RESOLUTION THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~/' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "A" with notation "Included". 4. The Applic. ant's application for relief is hereby y" GRANTED subject to the conditions referenced i~ paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Clerk J\Planning ~S HARED\WP\FOPJVlS\DEVELOPMENT ORDER.doc EXHIBIT" A" Conditions of Approval Project name: Boynton Commons PCD Type of Development Order (Master Plan. Site Plan or Plat}~o__qy_nton Cowanons Re~lat DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/A FIRE Gomments: N/A POLICE G0mments: N/A ENGINEERING DIViSION Comments: 1 Right-of-way permits need to be obtained. [LDR Chapter 23, Article II.H.6.] 2. Recording fee needs to be received by the City of Boynton Beach. [LDR V Chapter 5, Article V, Section 2.A.7.] 3. All previous Development Order comments are still in effect. 4. Provide documentation to the City of Boynton Beach confirming that the revisions to the construction dra~vings associated with the replat have not altered ~:he original Declaration of Easements, Restrictions and Protective . Covenants and the Drainage and Off-Site Water Retention Easement ~ A~eement. BULLD1NG DIVISION Comments: N/A pARKs AND RECREATION Comments: N/A Fop, ESTER/ENViRONMENTALIST Comments: N/A PLANNING AND ZONING Cbmments: N/A , I I ADDITiONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 5. ADDITIONAL CITY COMMISSION CONDITIONS 6. /~,O,,u~ /brae - ck A:\cond. of aeoroval.doc EXHIBIT "E" Conditions of Approval Project name: Cross Creek Centre PCD (color of canopy) File number: ADAP 97-003 Reference: Letter of request dated August 18. 1997. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: N/A UTILITIES , · Cgmments: Comments: N/A POLICE .: Cgmments: N/A ENGINEERING DIVISION Comments: N/A BUILDING DMSION Cpmments: N/A PARKS AND RECREATION Comments: N/A FORESTERfENVIRONMENTALI ST Cpmments: N/A PLANNING AND ZONING Comments: Retain the barrel canopies on the eastern building as white, or change 1. the color to match the building or the awning color on the main building. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS . ,2.' Delete comment # 1. ~ .AI~D1TIONAL CITY COMMISSION CONDITIONS '3. To be determined. ,/~,,v'~