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Minutes 04-15-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL '15, '1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor. Mayor Jamie Titcomb Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz Commissioner Henderson TiIIman. Commissioner Kerry Willis, City Manager James Cherof. City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to order - Mayor Jerry Taylor B. Invocation - Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb Mayor Taylor called the meeting to order at 6:32 p.m and offered the invocation. Vice Mayor Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Jaskiewicz requested the addition of Item V-A.4. "Update on Transportation". 2. Adoption: Commissioner Tillman morea to accept the agenda as amended. Vice Mayor Titcomb seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Appointments: Appointment Length of Term to be Made Board Expiration Date None III. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of April 1, 1997 No additions, deletions or corrections were made to the minutes of the April 1, 1997 meeting. 1 MEETING MINUTES REGULAR CITY COMMISSION BoYNTON BEACH, FLORIDA APRIL 15, 1997 MotiOn Commissioner Jaskiewicz moved to accept the minutes as presented..Vice Mayor Titcomb seconded the motion which carried unanimously. B. Bids - Recommend Approval - All expenditures are approved in the t996-97 Adopted Budget None C. ResolutionS: 1. Proposed Resolution No. R97-59 Re: Opposing the special act legislation to permit the abolishment of a muniCipal government without study, consent or concurrence of the municipality Motion Commissioner Bradley moved approval of Proposed Resolution No. R97-59. Commissioner Tillman seconded the motion which Carried unanimously, 2. Proposed Resolution No. R97-60 Re: Authorization to apply for the Children's Services Council Grant (Recreation, Athletics and Police R.A.P.) Motion Commissioner Tillman moved to approve Proposed Resolution No. R97-60. Vice Mayor Titcomb seconded the motion which carded unanimously. D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - March, 1997 A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Approve purchase of Persona Cheetah II Color Badge Printer for the identification and badging system through Seminole County Bid for INACOM Information Systems in the amount of $5,485.71 Approve Professional Piping Services, Inc. to utilize progressive cleaning procedure fOr the raw water mains using the State,negotiated agreement price schedule (SNAPS) in the amount of $10,259 2 MEETING MINUTES REGULAR CITY COMMISS ION BOYNTON BEACH, FLORIDA APRIL 15, 1997 J. K. L. M. Motion Approve sole source purchase of Spectrum Meters with Hexagram Pit-Paks from Metron Farnier, Inc., in the amount of $17,130 App rove Records Disposition Requests Nos. 325, 326, 327, and 328 submitted by Finance and Human Resources Approve bid (Co-Op with Boca Raton) for Liquid Chlorine, Calcium & Sodium Hypochlorite from various vendors Approve purchase of additional computers and accessories for the next phase of City-wide automation project from Compaq Computer Corporation Authorize purchase of furniture for the West Wing 2"° Floor Conference Room from CDI in the amount of $6,095.38 Report by City Attorney regarding curfew Ordinance requested by Mayor Jerry Taylor (City Attorney recommended delaying acting on this item for six months.) Vice Mayor Titcomb moved to approve [he Consent Agenda as amended. Jaskiewicz seconded the motion which carried unanimously. IV. CITY MANAGER'S REPORT: Commissioner City Manager Willis pointed out that several of the items on this agenda include staff initiatives such as the badge identification system and the cleaning procedures for the raw water mains. These projects will remain in-house, She also commendec staff for beginning the initiative of expanding customer service hours in City Hall from 7:30 a.m. until 5:30 p.m. daily. Mayor Taylor was pleased with the increase ~n customer service hours, and feels it is a positive program. V, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: · 1. TUNES IN TOWN CONCERT -April 18, 1997 - Oceanfront Park - 5:00 p.m. to 8:00 p.m. - Seacoast - Top 40 Music Mayor Taylor made this announcement. 2. TUNES IN TOWN CONCERT - May 2, 1997 - Oceanfront Park - 5:00 p.m. to 8:00 p.m. - Island Spice - Reggae Music Mayor Taylor made this announcement. 3. Action Plan Workshop - Friday, May 2, 1997 - 3:30 p.m. - to 6:00 p.m. - West Wing Conference Room "C" 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Mayor Taylor made this announcement. At City Manager Willis' request, this workshop meeting will begin at 3:30 p.m., rather than 4:00 p.m.. to allow time to cover all of the information that will be presented. 4. Transportation Update Commissioner Jaskiewicz reminded the Commissioners that using the City's bus service, a "shopper hopper" service was implemented and has been very successful This service primarily serves sen~or citizen communities to provide servme for grocery shopping. This service is being expanded slightly to include service to the Mall and Target on one additional day each week. She further reminded the Commissioners that at the inception of this program, there was discussion of imoreving the fixed route. Commissioner Jaskiewicz and Carel Fisher have worked out a fixed route that will go into areas such as Golfview Harbour. the Meadows. the Ocean Parkway area. and Boynton Lakes. No additional staff or equipment will be required. Two buses will run continuously, be more neighborhood friendly, and would increase ridership. With the Commission's approval, this ~mproved service will begin on May 19 after sufficient notice has been g~ven to the oublic. A schedule will be prepared, and there will be an indication on that schedule that it will be subject to change depending on ridershi p. Commissioner Bradley commended Commissioner Jaskiewicz for her efforts with the shopper hopper and this new service. He suggested that a special public hearing be held [o receive input on this new proposed service. Carel Fisher. Acting Deputy Director of Public Works. confirmed that the present service will not be decreased. There will be only minor time changes in the schedules. No one will be inconvenienced Commissioner Jaskiewicz added that the Saturday route will be eliminated because only a small number of people, if any, ride the buses on Saturday. This will be a Monday through Friday operation Mayor Taylor felt it would be a good idea to use posters and flyers in the buses as a means of notification to the public. Mayor Taylor commended Commissioner Jaskiewicz for the time and effort she committed to this project. B. Presentations: 1. Proclamation - National Library Week: Bookrest - April 13 through April 20, 1997 -Accepted by Assistant Library Director A. D. Henehan Mayor Taylor read a Proclamation declaring the week of April 13-20. 1997 as National Library Week: Bookrest. Mr. Henehan accepted the Proclamation and thanked the Commissioners for their support and recognition. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 2. Presentation of $3,938.07 to Klm Kelly for Caf~ Barista in conjunction with the Core Grant Program Mayor Taylor explained that the Core Grant Program works with the City to help businesses who improve their businesses in downtown areas. Caf6 Badsta has done a beautiful job on their entrance, and the City is hopeful this will spark development in the downtown area He presented Klm Kelly with a check for $3.938.07. Klm Kelly thanked the County of Palm Beach. the City Commission. the City Manager's Office. and Todd Kotas, Economic Development Director, for supporting the downtown development area. Ms. Kelly would like to continue to work with the City on future development area projects. VI. BIDS: None SINCE IT WAS NOT YET 7:00 P.M, THE PUBLIC HEARING COULD NOT BE HELD. THEREFORE, THE AGENDA WAS MOVED TO ITEM X-A.2, "STAFF REPORT REGARDING ANNEXATION OF OLD DIXIE HIGHWAY". 2. Staff report regarding Annexation of Old Dixie Highway Tambri Heyden, Planning and Zoning Director, advised that the back-up material contained information subsequent to the discussion at the last City Commission meeting regarding the annexation of the Old Dixie Highway corridor and other opportunities for annexing enclaves throughout the City. The staff report locates all of the enclaves that could be subject to a referendum. Staff also devised a draft letter and survey to be sent to the property owners which will provide feedback on the owners' desires to annex into the City. With the Commission's approval, staff will mail those items to the property owners. Staff also provided sOme research relative to the referendum. Kathleen Daly, a lobbyist, was contacted. She was reluctant to provide a cost estimate because she needs to knoW how much opposition there will be to this plan. Commissioner Jaskiewicz commended staff on the letter, and requested that the two questions which appear in the third paragraph of the letter be included on the survey card. There was brief discussion among the Commissioners relative to the areas of the City to be polled. However; it was derided that the City would probably have an easier time dealing with the Florida Legislature if all areas were included at one time. Although some property owners might agree to annex voluntarily, the City is not permitted to move ahead with annexation unless the boundaries are compact and contiguous. There was a consensus of the Commission to poll all of the areas involved to get their feedback. If a decision is made to move forward with the Legislative process for annexation, the feedback will assist us in determining the amount of opposition we can expect. 5 MEETING MINUTES REGU LAn CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 .... VII. PUBLIC HEARING: A Project: Pollo Tropical at Shoppes of Boynton Postponed to April 15, 1997 City Commission Meeting Agent: David S. Drebner, Esq. Owner: Draper and Kramer of F~orida Inc. Location: Northeast corner of Congress Avenue and Quantum Boulevard Description: ABANDONMENT ~ Abandonment of a portion of a 15' wide utility easement Ms Heyden advised that the applicant has requested another postponement in order to modify his application. This application remained on the table. Project: Agent: Owner: Location: Description: Old Dutch Mill Seafood Market George C. Davis Scott and Mary Jo Bills 1022 North Federal Highway Parking Lot Variance - Request relief from Chapter 23 - Parking Lots. Article II, Section H.3 to allow continuance of a driveway onto Federal Highway, 74' from the intersecting rights-of-way lines George C. Davis, agent for the owners, confirmed that the applicants are agreeable with all of the staff conditions Tambri Heyden, Planning and Zoning Director, advised that the Planning and Development Board reviewed this application and unanimously recommended approval subject to staff comments. She further confirmed that all ads and notices have been properly filed. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Commissioner Jaskiewicz moved to approve the parking lot variance. Commissioner Tillman seconded the motion which carried unanimously. AT THIS POINT, ITEM IX-A, "OLD DUTCH MILL - MAJOR SITE PLAN MODIFICATION" WAS MOVED UP ON THE AGENDA TO ACCOMMODATE THE APPLICANTS. IX~ DEVELOPMENT PLANS: A. Project: Agent: Old Dutch Mill Seafood Market George C. Davis 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, '1997 Owner: Location: Description: Scott and Mary Jo Bills 1022 North Federal Highway MAJOR SITE PLAN MODIFICATION - Request for approval of a major site plan modification to remodel the existing building exterior add a 100 Square foot addition and reconstruct the parking lot on .25 acres. Geor.qe C. Davis, agent for the owners, confirmed that the applicants were n agreement with the conditions of approval Tambri Heyden. Planning and Zoning Director, had no additional staff comments. Mayor Taylor confirmed that the Planning and Development Board unanimously recommended approval of this application. Motion Vice Mayor Titcomb moved approval of Item IX-A. Old Dutch Mill Seafood Market, major site plan modification. Commissioner Jaskiewicz seconded the motion. Commissioner Bradley commended the Bills for the work they are doing, and expressed excitement about the refurbishing of this business. The motion carried 5-0. VIII, PUBLIC AUDIENCE: Santos Garcia Vice President of Rolling Green Homeowners' Association 1631 NW 3~ Lane. questioned when the last survey was performed relative to the installation of a traffic signal on 17t~, With the assistance of the Police Department: a project including plants and telepnone poles was planned for the median. That project has stalled and the homeowners are requesting an explanation. In addition. Mr. Garcia pointed out that many of the people in the neighborhood have spent money to comply with Code and avoid Code Enforcement lens. They were promised assistance from the City. They applied for grant money, but they have not received any of the money. W~th regarG to the issue of telephone poles. Mayor Taylor contacted FPL and provided information to the Police Department. FPL agreed to put the poles aside for pickup by the residents. However. Mayor Taylor learned that the residents had a change of heart and decided not to put the telephone poles around the median. The poles are available if the residents are interested in them. When Charles Frederick. Director of Recreation and Park, confirmed for Mr. Garcia that the median on 17TM is City owned. Mr. Garcia requested that the City improve it. He said the residents are frustrated because they were cited for not complying with Code: however, the City is not doing its job regarding that median. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Mayor Taylor offered to investigate this situation. In-addition1 he explained that traffic s~gnals are handled by the County. The County is currently doing a traffic count across Seacrest Boulevard to determine whether or not changes are requiredon that road. Mayor Taylor urged the residents to contact the County with reference to the traffic lights. Mayor Taylor will follow- up on the grant program and contact Mr. Garcia. (Mr. Garcia's telephone number is 734-2438). James Gostel, 2240 North Seacrest Boulevard. said he came before the City Commission in December. 1994. On advice of City staff and to try to avoid a "fight about his house", he pleaded guilty to Code violations. The Violation included non-issuance of roofing permits. More than two years have gone by, and the house is now in deplorable condition. He feels the Code entrapped him. He claims he has tried to resolve this issue by contacting the City Mar, ager who referred him to the City Attorney. He requested assistance from the Commission. IX. DEVELOPMENT PLANS: Project: Agent: Owner: Location: Description: Old Dutch Mill Seafood Market George C. Davis Scott and Mary Jo Bills 1022 North Federal Highway MAJOR SITE PLAN MODIFICATION - Request for approval of a major site plan modification to remodel the existing building exterior, add a 100 square foot addition and reconstruct the parking lot on .25 acres. This application was addressed earlier in the meeting. ATTORNEY CHEROF ANNOUNCED THAT ALL OF THE FOLLOWING DEVELOPMENT PLANS ARE QUASI- JUDICIAL IN NATURE. HE ADMINISTERED THE OATH TO ALL WHO WOULD BE TESTIFYING THIS EVENING. Project: Agent: Owner: Location: Description: Brisson Medical Building Monica Brisson Dale and Monica Brisson 305 SE 23rd Avenue TIME EXTENSION - Request for approval of a 20-month retroactive time extension for a major site plan modification and concurrency to expire October 21, 1997. Dale and Monica Brisson were present. Mr. Brisson advised that this property is near the railroad tracks on 23~. This application was denied bythe Planning and Development Board. He is requesting an extension due to the fact that financing hampered development of this project. Mr. Brisson said he is now able to qualify for financing. Tambri Heyden; Planning and Zoning Director, confirmed that the Planning and Development Board recommended denial of this application. However, she pointed out that she recommended approval because the Visions document recommends encouragement of this kind of development for Golf Road. This type of activity is also recommended in our 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Comprehensive Plan and E.A.R. In addition, since the site pla~ already exists, it seemed senseless to have someone else come in and have the department generate another staff report with similar comments. This site plan meets the extent of what the City is trying to accomplish in that area. Therefore Planning and Zoning recommends approval of the application even though the TRC and the Planning and Development Board recommend denial Mrs. Brisson advised that the applicants have paid the $400 application fee and secured approval in January for a demo permit. She urged approval to allow them to proceed by the deadline. Mr. Brisson said his financial position is stable and he is ready to begin this project within six to eight months. He offered a personal guarantee that he can start the project if the time extension is granted. Mr. Brisson explained that he did not file for a time extension Jn a timely manner because the bank wanted to see a lease. They tried to lease the property, and during that time, the approval lapsed. Mayor Taylor pointed out that if a retroactive approval is granted, the site plan is locked in and the applicants would not have to bring this project up to current Codes. Ms. Heyden advised that the Code allows the Commission to require any changes to current Code. The next step for these applicants would be the preparation of building permit plans. Their plans would have to meet current Code. and they would have to secure a building permit by October 21, 1997. Stan Dub6, Chairman of the Planning and Development Board, explained that this application would have been approved by the board if Mr. & Mrs. Brisson had provided a letter of commitment relative tc financing. It is one week since that meeting, and they still have not secured such a letter. Mr. Brisson advised that he will be lending himself the money to finance this project. He offered to provide a etter to the Commission this evening. Motion Commissioner Jaskiewicz moved approval to grant a time extension for a 20-month retroactive time extension for a major site plan modification and concurrency to expire October 21. 1997, contingent on a documented Ietter presented within a period of 14 days as proof of funding for this project. Attorney Cherof suggested that the Commission add a condition to the motion requiring the Brissons to provide the City Attorney and Finance Director with proof of financial ability to complete the project. Commissioner Jaskiewicz requested that her motion include the addition of the City Attorney's recommendation. Commissioner TiIIman seconded the motion. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Mayor Taylor said he will not support this approval because he is not satisfied with the applicant's explanation of why this time extension was not filed in a timely manner. He does not want to restart a precedent of approving these retroactive time extensions. In addition, he ds not comfortable with this financial situation. Commissioner Tillman agreed with Mayor Taylor's remarks and felt the applicant had a very cavalier attitude, and he was not comfortable with this request. The motion failed 2-3. (Mayor Taylor and Commissioners Bradley and Tiltman dissented.) Project: Agent: Owner: Location: Descri otion: Grove Plaza Julian Bryan and Associates Dr. Waiter H. Janke and Ms. Alice Fay Southeast corner of Hypoluxo Road and Lawrence Road TIME EXPENSlON - Request for approval of a one-year time extension for subdivision master olan approval and concurrency to expire March 19. 1998. Susan Delegal, Attorney, represented the petitioner. She introduced Julian Bryan. the Planning Consultant for the project. This project will be a retail commercial use with lot coverage of only 8%. There will be six freestanding buildings with a considerable amount of green space around the project. The TRC and the Planning and Development Board approved the time extension. The most important reason for the delay relates to the Gateway Boulevard widening project. Prior to the Jetting of the contract, there was a restriction with regard to the amount of square footage that could be built. The project can now buildout the entire 35.000 square feet. and the applicant has every intention of proceeding with this project. Tambri Heyden. Planning and Zoning Director, had no additional comments, but reminded the Commissioners that the Planning and Development Board unanimously recommended approval of a 12-month time extension. (Chairman Dubb confirmed for the Commission that although the agenda back-up material noted approval with a 5-2 vote. the vote was unanimous.) Mayor Taylor referred to the Planning and Zoning Department's Comment #1 on Exhibit "D" wherein there is a recommendation for denial of this request. However, the TRC recommends approval. Ms. Heyden explained that the TRC does not ook at land use and design issues. They support this application because it was filed in a timely manner. Motion Commissioner Tillman moved to approve Development Plan "C", Grove Plaza, at the southeast corner of Hypoluxo Road and Lawrence, request for time extension of one year for the subdivision master plan approval and concurrency to expire March 19, 1998. Vice Mayor Titcomb seconded the motion. Vice Mayor Titcomb confirmed with Commissioner Tillman that his motion included the one-time only condition recommended by the Planning and Development Board, and would exclude the Planning and Zoning Department's Comment #1 as depicted on Exhibit "D". 10 MEETING MINUTES REGIJ LAR CITY COMMISSION BOYNTON BEACH~ FLORIDA APRIL 15, 1997 The motion carried unanimously. Project: Agent: Owner: Location: Descr' ption: Crystal Key at Woolbright Place PUD Kenneth H. Kruger. P. E. Kennedy Homes East side of SW 6~n Street approximately 2 200' north of Woolbright Road. SITE PLAN - Request for site plan approval of a .32 acre recreation area to include a pool. cabana, and parking facility. Kenneth H. Kruger, Project Engineer, and Steven Brexel of Kennedy Homes. were present to represent the petitioner. This site plan is for the recreation area. The recreation requirements for the parcel have already been met through a donation to the City. This particular recreation area is above and beyond any of the Ordinance requirements for the project. This project will include a smaII parking lot. swimming pool and small cabana with lighting for the parking lot and landscaping. The applicant concurs with all of the staff conditions of approval with the exceptio~ of Comment #12. Comment #12 was a recommendation from TRC that the pool be larger. Since there is no requirement for the pool and Kennedy Homes feels the pool is of sufficient size. Mr. Kruger requested approval of this application excluding Comment #12. Tambri Heyden. Planning and Zoning Director. had no comments on the action taken by the Planning and Development Board or the staff comments. She explained that this private recreation area is not required. The recommendation in Comment #12 is in conflict with our own Codes. She does not recommend incIuding it. Commissioner Jaskiewicz expressed her opinion that she would ike to have seen more grass and landscaped areas. Motion Vice Mayor Titc0mb moved to approve Agenda Item IX-D, site plan request for recreation facility at Crystal Key at Wooibright Place PUD, subject to staff comments with the exception of Comment #12 of Exhibit "C". Commissioner Bradley seconded the motion which carried unanimously. Project: Agent: Owner: Location: Description: Hampton Inn at Quantum Corporate Park George F. White A.I.A. and Associates, Inc. Boynton Beach Hospitality, Inc. Northwest corner of Gateway Boulevard and the E~4 Canal SITE PLAN - Request for site plan approval to construct a 65,816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) in Quantum Corporate Park. Chip Carlson, representing Boynton Beach Hospitality Inc., introduced Mike Pinocos, President of Boynton Beach Hospitality Inc., George White, the architect, and Kevin Hall, the 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL '15, 1997 landscape architect. Mr. Carlson complimented staff for their cooperation This facility is being designed with input from Motorola. It is expected that it will serve the needs of Quantum Park business users. This is a limited service hotel that does not have meeting facilities, convention facilities, a restaurant or lounge. Mr. Carlson addressed the following comments: · The Planning and Development Board recommended that Conditions 14 and 24 oe deleted. At that meeting, staff indicated they had no objection to that recommendation. Condition #35 was modified to provide that in the event the applicant can work something out with FPL. they can have the greenbelt area and the FPL easement overlap. This language is included in Comment #37 of Exhibit "C". Staff has provided that there should be no reduction in quantity or quality of the plant material reflected in the recently-approved greenbelt master plan. Mr. Carlson advised that there is a conflict built into the Quantum Park master plan that needs to be addressed. That conflict involves the FPL easement on Gateway Boulevard conflicting with the 25' greenbelt area. The applicant is committed to installing a very attractive landscape area. However, this may involve "give and take" between the requirements of the greenbelt area and the FPL requirements. The applicant feels he can make it work because of the 30' setback they have to work in. The applicant may have to split Iandscap~ng on each side. Mr Carlson suggested that staff be given some discretion in approving a reduction in quantity or quality of landscaping material if the applicant cannot :)revail upon FPL to allow them to put in everything required by the City. Mr. Carlson suggested changing the second sentence of Paragraph 2 of Comment #35 to read as follows: "If overlapping of the greenbelt and FPL easement is allowed, unless approved by staff, no reduction in quantity and quality of plant material reflected on the recently-approved greenbelt master plan shall be permitted." Mr. Carlson advised that the applicant is trying to get this project underway as soon as possible in order to capture the next season. They have run into a time line problem with the SFWM District permitting requirements. He referred To the last sentence of Comment #16 which requires. "...that permits required from FDOT~ PBC. SFWMD and any other permitting agency shall be included with the permit request." The applicant feels he can run these concurrently rather than sequentially, They have submitted the necessary applications to the permitting agencies. He would like to work with staff to obtain relief in this area. Mr. Carlson said he has looked for this requirement in the Code and the citation in Condition #16 to Chapter I, Article Section 6 is the penalty section of the Code, It does not relate to requ~dng the permits from other agencies along with an application being submitted to the City. Mr. Carlson requested that the last sentence in Comment #16 be deleted. With regard to Comment #17. Mr. Carlson spoke with Ken Hall of the Engineering Department. The applicant would like to suggest that this requirement be tied to an application 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL $5, 1997 Ms. Heyden addressed the applicant's objections as follows: Comment #35 - Ms. Heyden does not support a reduction in quantity and quality in the greenbelts. If the plant material cannot be planted in the greenbeIt as shown an the master plan, she recommends that it be planted along the front of the property line. She is willing to workwith the applicant in this regard. She recommended that the Commission authorize staff to approve an alternate location along the front of the property for landscape that cannot be accommodated in the greenbelt Mr. Carlson had no objection to Ms. Heyden's approach on this issue. Comments #16 and #17 - Ms. Heyden said she was unaware that the Engineering Department had agreed to the revisions. She does not believe we have the authority to not require the outside agency approvals prior to issuance of a building permit. Mr. Carlson suggested that anything that has been added to the Code requirements be deleted He would like to work with the departments to move this project along as quickly as possible. He advised that Ken Hall did not agree to the exact language he suggested this evening, but he agreed in concept that the City should be able to accommodate the applicant under the requirements of the Code. Al Newbold Building Official. said he was not aware of any agreement Ken Hall made with the applicant. He explained that the City cannot issue a building permit if all the agencies' conditions have not been approved. Attorney Cherof pointed out that it may be possible for the applicant to proceed in a concurrent fashion, and he suggested that the language in Comment #16 be amended to indicate that the necessary permits for the other agencies be obtained and filed, and copies be provided to the City prior to the issuance of Certificate of Occupancy. This revised language was acceptable to Mr. Carlson. Commissioner Bradley questioned how much the City would be deviating from its standard operating policy. He realized that the issuance of the City's permit was based on the other permits falling in place. Attorney Cherof advised that the common procedure is to have all permits in place. However. there have been occasions in the past where the City has allowed a developer to proceed at his own risk. it is possible the developer could get to the final step, and not be permitted to occupy the building. Motion Vice Mayor Titcomb moved to approve Agenda Item IX-E. Hampton nn at Quantum Corporate Park site plan request with language change on Comment 16 to read "may be applied for concurrently and obtained prior to Certificate of Occupancy", and Comment #35 to include all 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 greenbelt landscaping even if it requires mitigation of area of the project as determined by staff, and all other pertinent staff comments. Commissioner Jaskiewicz seconded the motion. In response to Mayor Taylor's question. Mr. Carlson stated he understood the developer wiII be progressing at his own risk. Mr. Carlson confirmed with Mayor Taylor that the same philosophy would apply to Comments #16 and 17. Vice Mayor Titcomb and Commissioner Jaskiewicz agreed to include this in the motion. The motion carried unanimously. X, NEW BUSINESS: A. Items for discuss[on requested by Vice Mayor Jamie Titcomb 1. Staff report for Installation of Speed Humps to be used as traffic calming device on SW 4th and SW 5~ Streets Vice Mayor Titcomb reported that he has received numerous complaints from citizens about traffic exceeding the posted residential speed limits through 4'", 5TM. and 6TM Streets between 23ra Avenue and Chapel Hill Boulevard. The possible installation of speed humps has been discussed by the Commission a number of times In the back-up material Vice Mayor Titcomb included a memorandum from former City Engineer Bill Hukill which offers an alternative to the speed hum p issue. This alternative would involve a street closing by means of a barricade or landscape berm at the intersection of SW 4TM Street and 28'" Avenue. City Manager Willis advised that a survey was sent out. At her request Mayor Taylor read the following report from the City Clerk into the record: "Out of 136 inquiry letters sent to property owners along SW 4t~ and 5TM Streets in reference to the installation of speed hum ps, a total of 87 responses have been received as of this affemoon's mail. The responses indicated 72 in favor and 15 ~n opposition." The memo was dated April 15. 1997. During the last discussion of this issue, there were no clear-cut cost estimates available. The information provided now is much more detailed and indicates that the work can be done house. Commissioner Jaskiewicz advised that residents of 6~ Street have contacted her to request consideratiQn of the installation of speed humps on their street if the Commission decides to install these speed humps on 4'r and 5t~. Vice Mayor Titcomb concurred with that recommendation Carel Fisher. Acting Public Works Director. reported that a study was conducted relative to speed humps. The City of Delray Beach and Palm Beach County are using speed humps. The ones m Delray Beach were designed to allow traffic to flow smoothly at 30-35 mph. Higher 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 speeds would result in serious shocks and jumps in the auto. Palm Beach County installed a speed hump in the vicinity of a school that does not allow speeds higher than 15 mph. Adjusting the design and height of the speed humps allows you to set the speed limit. The house cost of these speed humps will be $500 for materials and approximately $700 for labor for a total of $1 200 each. This price includes delineated reflectorized marking, white striping to identify the speed humps and s~gmng for each speed hump warning approaching motorists of the speed hump. These speed humps are very effective and can be spaced up to 350' or 375' apar[. Delray Beach uses the regular speed hump profile. Seminole County and Palm Beach County are using the Watts profile. The Watts profile is shorter from side to side and much taller. The speed hump in Delray Beach is 22' in width and dses two to three inches over its length. Commissioner Jaskiewicz advised that the Police and Fire Departments would prefer the lower profile speed humps. Because of the costs involved and comments from Police and Fire/Rescue. Vice Mayor Titcomb suggested the closure of 4TM and 28~". The residents along that intersection did not oppose the suggestion. Vice Mayor Titcomb felt this closure could be considered a test area Commissioner Tillman questioned what will happen in the future when the motorists stop speeding along these streets and the residents want the speed humps removed Vice Mayor Titcomb advised that lhe residents are aware of the fact that once the speed humps are installed, they will not be removed. Commissioner Jaskiewicz is concerned about the other areas that will be negatively ~mpacted when these speed humps are installed. She recommended getting input from the residents along Mission Hill Boulevard Jacqueline Bopp, 2715 SW 4th Street, thanked Vice Mayor Titcomb for bringing the residents' traffic concerns to the Commission. This issue was discussed in 1996. and surveys were done at that time. It was agreed that this area could be a test site. and if the speed humps did not work, they would be removed. When the City sent out the new surveys, it renewed the residents' hope of eliminating this shortcut to the schools along Seacrest Boulevard She is willing to be inconvenienced for the safety of her children. Jeff Levy, 555 SW 25th Avenue, is opposed to the street closure. He realizes that some of the people who speed through the neighborhood are neighborhood residents. He feels the cost of the speed humps is small compared to a child's Jife. He urged the Commission to move forward on the installation of the speed hum ps and include 6TM Street. When asked how Mr. Levy felt about an assessment to cover the cost of this installation, Mr. Levy said he would be willing to pay for one speed hump out of his own pocket. He urged the Commission to install a speed hump that allows approximately 35 mph. Maggie Woodall, 2616 SW 5th Street, moved to this neighborhood one month ago. She is amazed by the speed of the traffic in this community. She recently saw a program :on television where a fire/rescue company admitted that speed humps did not delay their response time. 15 MEETING MINUTES REGULAR CITY CO MMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Jay Davis, 2850 SW 4.th Street, feels that with the paving-and designs that have occurred on Seacrest Boulevard and Golf. traffic was diverted into this neighborhood. He feels it is incumbent upon any city to provide safety for all residents. He requested that the Commission remedy this situation. Donna Ahrens, 577 SW 24th Avenue, recently moved to this area. She has small children who sometimes run into the street without thinking about it. The speedof the traffic on these streets ~s a major concern to her. William Jolly, 2709 SW 6th Street, said the residents on 6TM Street are concerned about the m pact on their street if the speed humps are put only on 4TM and 5th Streets. He said he has counted as many as 100 cars traveling his street during rush hour, He urged the Commission to help. Bradley Weigle, 902 SW 27th Avenue, does not feel the entire neighborhood has been heard He does not support the speed humps because the entire neighborhood will be inconvenienced He feels this will lower property values, and he would not support an assessment. He urged the Commissioners not to approve the installation of these speed humps. He pointed out, however. that if they are installed on 4% 5'n. and 6TM. 8TM will then have to be included to avoid ~)ushing the traffic to that street. Chris Galetka, 711 SW 25TM Avenue. explained that speeding has been a problem in this area for a long time. He has been a resident in this community for more than 10 years. He urged the Commission to approve the speed humps. Commissioner Tillman questioned whether it might be possible to change the traffic patterns rather than install speed humps in this area. and Commissioner Jaskiewicz mentioned that she suggested to the Police Department that "No Thru Traffic" signs be posted in the neighborhood. However. those signs are not permissible on public streets Police Chief Marshall Gage said there are reams of documentation in the Police Department relative to the traffic problems and enforcement in this area. The Police and Fire Departments do not like speed humps, but he will not oppose their use. He pointed out that emergency vehicles should not exceed 35 to 40 mph in this neighborhood. Speed humps that accommodate speeds of 25 mph will not present much of a problem There are problems in the area that are real and limited and many of them are perception problems. When he patrolled the neighborhood, he stopped three cars. and all of them were residents of the community. None of them were traveling more than 10 mph over the posted speed limit He further :~ointed out that children should not be allowed to play on the streets Chief Gage recommended that the Commission approve the installation of the humps, on a one-year trial basis, and limit this program to this neighborhood It is his opinion that much of the traffic will divert back to the main road. Bill Gulbrandsen. Battalion Chief. is aware of the Fire Department's memo and believes it was intended as an advisement to the Commission that if there is a proliferation of these traffic control devices, the response time of Fire/Rescue could be impeded. He agrees with Chief 16 MEETING MINUTES: REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Gage that the Iow-rise type of speed hump would be acceptable, and would be preferable to a road closure. Discussion ensued relative to equitable assessment for this project. Attorney Cherof explained that this is not the traditional type of road work that ends in an assessment. He would have to look at this issue to see if there is a way to pass it onto the affected properties. He is not aware of any cities that have done this. Vice Mayor Titcomb recommended that this be a proto-type project, possibly funded through community improvement dollars. If this is a pilot projecT, Mr. Fisher reminded the Commissioners that there will be costs associated with removal of the speed humps because the sun'ace :)f the streets will be scored and damaged dudng the installation of the speed hum ps. These costs for removal would 'be approximately 50% of the cost of installation. r~ response to Mayor Taylor's q Jestion, City Manager Willis suggested that this program could be considered a "quick victory" Visions project, and the $12.000 could be taken from the Visions funds. Vice Mayor Titcomb further pointed out that the costs of enforcement and patrol would offset the cost of this program. Commissioner Bradley would like staff to consider whether or not there wil be a way for motorists to get around the speed humps. Consensus There was a consensus of the Commission that the funding for this pilot program be taken from Contingency, and that the speed hump that allows a 25 mph speed limit be installed. Motion Commissioner Tillman moved that the Commission authorize staff to install speed humps that maintain speeds of 25 mph in the area of SW 4th, 5th, and 6~h Streets for a period of one year to study the effects of this traffic calming device. Commissioner Jaskiewicz seconded the motion which carried unanimously. 2. Staff report regarding Annexation of Old Dixie Highway This item was discussed earlier in the meeting. Xl. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING Proposed Ordinance No. O97-05 Re: Amend Chapter 2 of the Land Development Regulations, providing that visual obstructions are to be maintained at a height no greater than two feet six inches above street level and within thirty-five feet of the intersection of the right-of-way lines of two streets TABLED 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL t5, 1997 Attorney Cherof recommended that this Ordinance be removed from the table, and then denied sO that it can be brought baCk at a later date. Motion Vice Mayor Titcomb moved to remove Proposed Ordinance No. O97-05 from the table. Commissioner Bradley seconded the motion which carried unanimously. Motion Vice Mayor Titcomb moved to deny Proposed Ordinance No. O97-05. Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was 2. Proposed OrdinanceNo, O97-10 Re: Amend Land Development Regulations to create Chapter 10, "Telecommunications Tower and Antennas" Attorney Cherof read Proposed Ordinance No. O97-10 by title only. Attorney Cherof reported that the version of the Ordinance contained within the agenda packet is a red-lined version indicating a substantial number of amendments as a result of a meeting between Mike Pawelczyk, Assistant City Attorney and representatives of the industry. This version does not include all of their recommendations and suggestions; however, it addresses the bulk of their comments. Because of the number of changes in this field, the City felt it was important to accept input from the industry representatives. It is anticipated that we will continue discussions with them, and come back to the Commission with additional amendments to this Ordinance. The usual procedure would be to table this item on second reading while the changes are prepared. However. the moratorium will be expiring shortly and if this Ordinance is not adopted there will be a void that will result in the inability to regulate any towers or antennas. Attorney Cherof recommended that the Commission adopt this Ordinance with the proposed changes already reflected in the body of the document, and endorse the City Attorney's intent [o continue to meet with the industry representatives and come back to the Commission with amendments in the near future. In response to Commissioner Jaskiewicz' question. Attorney Cherof advised that this Ordinance will allow the towers in the M-1 District. Recreation areas and Industrial areas. Commercial areas are not included. The only additional provision included deals with the stealth roof-top type of antenna, and those are excluded in Residential districts, but permitted in all other districts. Commissioner Jaskiewicz recalled previous discussions among the Commissioners about this issue wherein the Commission decided that the monopole was the only type of tower we would consider. The Commissioners were opposed to the lattice or guyed towers However, the 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL '15, '1997 lattice and guyed towers are now included in #4 on Page 8 on this Ordinance. Attorney Cheref advised that the references to lattice and guyed towers can be eliminated from the document if that is the Commission's desire. In response to Vice Mayor Titcomb's question. Attorney Cherof advised that the City will have only limited input with regard to the design of these towers. The City will approve them. From an aesthetic point of view, the City has no control. Vice Mayor Titcomb questioned whether or not language could be added to the Ordinance to give the City control of the aesthetics of the tower. Attorney Cheref explained that the problems with an aesthetic evaluation are defining it, regulating it. and doing it in an arbitrary manner. He would prefer to study this issue, and bring it back. Since the County is also addressing this issue, Mayor Taylor recommended we contact them ~n an effort to make our Ordinance similar to the County's Ordinance. Attorney Cherof advised that Assistant City Attorney Mike Pawelczyk has attended a number of the County meetings and will continue to monitor that situation. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Geoff Sluggett, representing Nextel and Sprint, thanked Attorney Mike Pawelczyk for meeting with the industry representatives and incorporating their suggestions into the Ordinance. With regard to the different types of towers, the industry representatives would be willing to give up. the ability to construct lattice or guyed towers in the City if the City would open up additional areas. The use of only City-owned and Industrial property is very restrictive. He requested that the Commission consider allowing these towers in Commercial districts Commissioner Tillman opposed the idea of allowing these towers in the Commercial areas because he does not want to see them in stdp shopping centers. He referred to the obvious tower that is located near the Lantana Road exit on 1-95. and expressed how unaesthetically pleasing it is. He suggested that the Commission accept the City Attorney's recommendation at this time. Mr. Sluggett realizes the City does not want a proliferation of towers in the City, but he is confused as to why the City would allow a tower in a park and not in a Commercial area. William E. Galley, representing Sprint PCS, said the tower Commissioner Tillman referred to is located on City-owned property in the City of Lantana. The County's Ordinance will allow towers on limited commercial properties The industry would support the use of monopole towers if limited commercial properties are included. The City's Ordinance s workable for the industry the way it is currently written. Mr. Galley urged the City to continue to work with the industry and to move forward with the Ordinance as written. Susan Delegal, representing Primeco Personal Communications, Ltd., feels this Ordinance is much more workable with the amendments. It is important to remem oer that the City must offer locations for these facilities in order to provide communications. The industry is interested in going into areas that are the least intrusive to the public. She pointed out that a lattice type 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 tower will accommodate three users where a monopole will accommodate only two users. She further reminded the Commissioners that they will nave some control because these requests will require conditional use approval Ted Miller, representing AT&T Wireless, requested clarification relative to where the building- mounted antennas will be permitted. Attorney Cherof advised that they are permitted in all districts except R-l-AAA, R-1-AAD, R-l- AA R-1-A. R-1. and R-2. These districts are ail Residential Districts in the City. Mr, Miller recommended that when the amendments are considered, the City include allowing the placement of Stealth antennas on tall condominiums and tall multi-family buildings. In addition, he recommends allowing them in Commercial areas since the separation from Residential that is incorporated in the Ordinance will ~)revent placement of these towers on the strip centers that back up to Residential. Mr. Miller further pointed out that the section of the Ordinance that requires all lots with towers on them to meet the minimum lot requirements of the District they are in is unclear. He recommended that this section be changed to include any existing lot of recor¢ in that appropriate district because many of the communities along the East Coast of Florida include lots that do not meet 1997 minimum lot sizes. Stella Rossi, 625 Whispering Pines Road, questioned whether the City will allow these towers on the environmentally-sensitive lands it purchased with bond money. She reported thai the Palm Beach County Code will qot permit that. She expressed her opinion that the guyed towers are the lowest and ugiiesi of the towers, and should not be permitted in the City. Mayor Taylor is of the opinion that the environmentally-sensitive lands are owned by the County, He will investigate that situation. Commissioner Jaskiewicz referred to remarks relative to the placement of these towers on Commercial properties. She explained that in almost all of the cases where Commercial abuts Residential. the proximity would not permit the erection of towers, She is opposed to any style of tower other than a monopole. She refereed to Page 14 of the Ordinance wherein the requirements for inspection of the different types of towers are listed. Monopole towers require structural and electrical inspection every five years as opposed to every two years for the lattice tower and guyed tower. Commissioner Jaskiewicz would like the references to lattice and guyed towers eliminated throughout the Ordinance. Mayor Taylor is not happy with the Ordinance, but understands that it is necessary to move forward so as not to create a void. He will carefully review this Ordinance and would like feedback relative to what others are doing. Motion Commissioner Tillman moved to amend the Ordinance as depicted in the Commission agenda package with the inclusion of Commissioner Jaskiewicz' comments regarding the deletion of the guyed and lattice towers. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse 3olIed the vote. The vote was unanimous 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Motion Vice Mayor Titcomb moved to adopt Proposed Ordinance O97-10 as amended Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote The vote was unanimous. B. Ordinances - Ist Reading: Proposed Ordinance No. O97-11 Re: Establishment of a Local Housing Assistance Program pursuant to the requirements of the State Housing Initiatives Partnership Act Attorney Cherof read Proposed Ordinance No. O97-11 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-11 on first reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. City Manager Willis advised the Commissioners that this program is pursuant to Boynton Beach becoming an entitlement city and receiving large amounts of funds to assist in rehabilitation ano other programs of revitalization With the addition of this program, staff anticipates adding five additional employees to the current staffing levels. City Manager Willis would like an opportunity to provide input on those staffing requirements since she is not certain five additional people are necessary to administer this program. The background information also states that administrative costs of the City shall exceed 5% of the grant funds given to us every year. and the City will pick up any additional administrative costs over the 10% which we would be allotted by this grant. She wanted the Commissioners to realize that we may, or may not be committing the City to adding five people and picking up the additional dollars n administrative costs. After carefully rewewing this information. City Manager Willis may bring back amendments for the next meeting. C. Resolutions: Proposed Resolution No. R97-61 Re: Supporting the 1997-2000 Local Housing Assistance Plan (Incentive Plan) for the City of Boynton Beach established pursuant to the State Housing Initiatives Partnership Act. Attorney Cherof read Proposed Resolution No, R97-61 by title only. Motion Commissioner Tillman moved to approve Proposed Resolution No R97-61 Titcomb seconded the motion which carried unanimously. Vice Mayor D. Other: 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL '15, '1997 Proposed Marina Development Agreement Attomey Cherof advised that the cover page of the information he provided indicates a brief comparison of the ~ssues raised in the developer's redraft of the proposed development agreement prepared by the City two weeks ago. There is also a red-lined copy of the agreement included. The highlighted areas are new language added by the developer The lined-through sections contain language the developer wants eliminated from the document. Robert Currie reported that the developer agrees to everything with the exception of 16 issues. They are: 1. Number '10 - They will provide drainage plans that meet SFWMD which is similar to that of the City of Boynton Beach. 2. Number 23 - The developer is requesting that there be no setbacks from the Casa Loma right-of-way since the restaurant has been taken out of Casa Loma Boulevard. 3. Number 41 - The developer is declining to provide written consent of adjacent property owners because they do not want to do anything that is off their property and they understand that the people do not want development or sidewalks on their property. 4. Number 42 - Allow durr psters in the right-of-way of Casa Loma. 5. Number 44 - Allow mooring of boats on east of the dock. 6. Number 46 - Cul-de-sac diameter should be allowed to be 90' in diameter instead of 100' right-of-way. 7. Number 52 - Allow vehicles to back out into right-of-way of Casa Loma Boulevard. 8. Numbers 64, 65 and '107 - The developer has 248 parking spaces on site. Let the developer say that number of spaces is sufficient for this project. In terms of the site plan, the developer is required to have 223 spaces total. The developer has 182 on his site and 41 in the rights-of-way. 9. Numbers 69 and 124 - This has to do with defining and abandoning easements. The developer will do this when they get to final civil drawings. However. they have conceptual civil drawings which outline this requirement. 10. Numbers 73, 78, 81, 95, 97 and 98 - All of these comments relate to the Central Business District Guidelines in terms of aesthetics. The developer is requesting the City to allow him to do what he submitted rather than follow the Guidelines that are outdated. 11. Number 103 - Hours of operation of boat storage - The developer would like the hours of operation to be sun up to sundowr 12. Number 110 - Extension of Casa Loma Boulevard - The developer to maintain. This is the park on the east side. 13. Number '1'13 - Delete developer's requirement to provide sidewalks and andscaping off property. The developer will do what is on his prope~y: but not go off his property. 14. Number 125 - Provide two-hour limitation for parking on Casa Loma Boulevard and 6TM, and not have meters. 15. Numbers '127 and 128 - Allow an additional 12' of right-of-way on 6TM Avenue and allow the openings as shown on the site plan into the parking [or. 16. Number 134 - Parking northeast of the canal - Do not require development at this lime. The developer is working towaro that end but they do not want to include it in their site plan at this time. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Attorney Cherof advised that the bulk of the comments can be satisfied by the Commission ad¢pting a -"ew amendments to the existing Codes. With regard to the issue of the two-hour parking with no meters, there is no requirement for this in the Code. The reason this request was included was for the purpose of turning over the parking spaces. Mayor Taylor pointed out that most of the comments he received from the people in the area were in opposition to metered parking. He is opposed to metered parking. Attorney Cherof advised that if the Commission is amenable to Mr. Curde's suggestions, they will have to provide direction so that he can prepare the necessary Ordinance changes. Vice Mayor Titcomb questioned whether or not we currently have a marina district on [he books in Boynton Beach or whether changes to the Code would affect the entire CBD. Attorney Cherof reported that changes would include an area greater than this specific project. He will confer with Ms. Hoyden to make a determination relative to area that would be covered by the changes. Our target would be to create a level playing field for adjacent property owners so that any benefit reaped by this developer would be an equal benefit to other property owners to develop their properties. If we increase off-site parking, it would be applicable to everyone n the area Attorney Cherof reported that Ms.. Heyden has developed an innovative plan whereby in lieu of parking, applicants would pay a fee that would go into a pool of funds to be used by the City to acquire vacant lots. more parking lots otto build a parking garage. Mayor Taylor. Vice Mayor Titcomb and Commissioner Jaskiewicz expressed support of releasing the restrictions in the CBD. Commissioner Bradley has concerns about how this process ~s evolving. When the site plan came forward with 140 comments, the need for a developer's agreement was necessitated. It was believed that the developer's agreement woula solve the majority of the comments. This developer's agreement does not do that. It suggests the site plan. which has not been finalized. will be the document that supersedes the developer's agreement, as well as the document that the incentives are based upon. He has a problem moving forward and agreeing to the incentives without knowing what we will be getting. He pointed out that he saw a blueprint yesterday, but the public has not seen it yet. Mr. Currie said the developer submitted the revised site plan on Friday. The only changes that were made were issues that were brought up by staff that could be changed. Staff wanted more handicap spaces and dumpsters on the property. They also wanted a fire lane designated. Ten feet were cut off the west side of the boathouse which resulted in a loss of approximately 1,300 square feet. The developer moved the restaurant out of the right-of-way and included a shared loading space between Two Georges and the proposed restaurant. Other than the issues brought up by staff, there were no other changes. Commissioner Bradley does not feel this project is as pedestrian-friendly as it was In addition. he referred to Number 12 of the developer's agreement and pointed out that the language the developer wants included ~s very vague and removes the City's ability to monitor any control. He, also referred to Number 13 wherein the City will be agreeing to "...diligently process permits and applications...". He feels this is vague, 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, 1997 Attorney Cherof said there is language in the redrafted developer's agreement that he will not be able to recommend for approval by the Commission. However. he pointed out that he does not expect that language to be included in the document when it comes back to the Commission. He believes he can persuade the developer that such language is a deal breaker. With regard to Number 12 [hat language cannot be included since the document must be fixed In time, and the developer must market and finance the property accordingly. In reference to the language m Number 13, the City ~s currently living with language similar to that with a property in the City. This is a very difficult concept. When this returns to the Commission. the word "diligently" will either not be inctuded or it will be specific enough for the Commission to feel comfortable with it. Attorney Cherof explained that there are significant differences between the City's first version and the developer's return version. The biggest issue was what to do with the conditions that require Code amendments. Consensus There was a consensus of the Commission to move forward with the Code amendments. In addressing the incentive package, the Commissioners referred to Exhibit 'T' of the handout. Attorney Cherof advised that if the incentives included in the developer's draft are totaled, they amount to $770.371. The total amount of the incentives included in the City's draft is $636,000. That difference must be addressed. Mr Currie reported that when the initial discussions took place relative to incentives the total amount was approximately $950.000. The two drafts were in agreement until the point of "Estimate for Other Water and Sewer Incentives". What was left out of the City's draft was the 8" gravity sewer ~n Casa Loma Boulevard service cot nection to property line and manholes. In addition an 8" water main (170') was left out that amounts to $3.519. At one point, it was stated that there would be a maximum of $4.500 for administrative review. There was another issue relative to any 3ther fees that were outside of the City; qowever, the developer realizes the City cannot necessarily grant relief. However. there was discussion about the City helping the developer to whatever degree possible. Attorney Cherof ~dvised that it would not be possible for him to reconcile the difference in the figures at this meeting. He was of the opinion that the document rvlr. Currie was making reference to was a staff report to Carrie Parker which she ater fine-tuned and returned with a different recommendation. He believes those recommendations are reflected in the draft he provided. Mr. Currier said the developer received this information from the Engineering Department two weeks ago. City Manager Willis said the document the developer is focusing on s not the document Carrie Parker signed and sent to them. However. Mr. Currie provided a copy of a document signed by Carrie Parker offering $944.000 in incentives. Mayor Taylor recalled the figure of $944,000. He 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON :BEACH, FLORIDA APRIL 15, 1997 expressed surprise when he saw the figure of $626. E)00 because he remembered the higher figure. He feels this needs to be researched to determine the true figure. Mr. Currie feels the difference in figures !'elates to the impact fees outside of the City of Boynton Beach. He believes that is where $180,000 was lost City Manager Willis questioned whether the developer could apply to the County, and have the City assist him in that effort. Mayor ~Faylor does not believe the County can waive the fees. but they have the ability to offset the impact fees. Attorney Cherof suggested that if the Commission does not wish to recede from its earlier offer regarding incentives, staff can piece together where the figure is It may be a higher figure than currently exists in the City's draft document. Attorney Cherof said he could not find any correspondence between the City Manager and Mr. Currie to clarify this situation. However, he believes this can be reconciled before it is brought back. Mayor Taylor reminded the Commissioners that the original figure for incentives was $944,000. The developer has now requested $770,000 of incentives. He would like this situation rectified. Attorney Cherof referred to Carrie Parker's October 14. 1996 letter where she responded by saying that, '.. the City has granted conceptual approval to some of the items which are incentives...". There were four items listed as follows: 1. Waiver of all City permit, inspection and impact fees related to the project; 2. requiring utilities to be made available to the site (improvements in the water and sewer lines up to the site); 3. relocation of existing major feeder sewer lines to a location 20' west of the proposed storage building; an¢ 4. the paving of Boynton Beach Boulevard. Therefore. it was concluded that the incentive package was reduced to four specific items. Attorney Cherof is confident the numbers for those incentives can be recreated. He feels the remainder of the issues can be worked out administratively and returned to the Commission at the next meeting with a package of Ordinance amendments reflecting the conditions. Regardless of the number in the incentive package, it was drafted in a way so that the incentives would be funded when the property and project were complete and the final CO was issued. The return :)roposal from the developer is that 50% of the ~ncentive dollars would be paid halfway through the project and the balance would be paid when there ~s substantial improvement of the project. Mr. Curde said the difference between substantial completion and CO is that the building, pavement and everything visible is complete at substantial completion. Using the language the City has offered, if there is one space that is not finished inside the project, the CO cannot be issued The developer should not be held up for that reason. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL '15, '1997 Discussion ensued relative to this issue, with each Commissioner having different feelings about when to pay out the incentive dollars. At the end of the discussion, there was agreement among the Commissioners and the developer that one-third will be paid at the corn pletion of the site work. one-third will be paid at building completion, and one-third will be paid when 75% of the interior space has a Certificate of Occupancy, less 10% retention. Ric Rossi, 625 Whispering Pines Road, rs a civil engineer who has done many projects in Boynton Beach. He expressed surprise that the Commission agreed to review the project that had 16 pages of comments attached to it. He referred to Staff Comment #10. and questioned whether or not enough engineering was done to avoid having to alter the site plan down the road. He aiso questioned whether enough thought has been given to the idea of giving up 40 parking spaces. Stella Rossi, 625 Whispering Pines Road, is hopeful staff will check out the mangrove and seagrass permits. This area was a coastal hammock. She feels the landscaping must be over and above what is currently required by our outdated Landscape Code. The City Forester should research the proper coastal native trees that would survive and be compatible with the surrounding environment. She is hopeful "Queen Palms" will not be used. Mr. Curde assured Mrs. Rossi that "Queen Palms" will not be part of the landscaping. Staff has agreed that the Code is outdated, and the developer will be doing much better than what ~s required. Attorney Cherof will bring this back at the next meeting. XII. UNFINISHED BUSINESS: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:40 p.m. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 15, '1997 ATTEST: City'Clerk ~cording Secret~ry (Five Tapes) j:\shrdata\cc\wF minutes\comrr ,041597.doc CITY OF BOYNTON BEACH ,~Mayor Com mis~,eO~'r ~s~oner ~ Commissioner 27 AMENDED 5/7/97 DEVELOPMENT ORDER OF THE CITY COMMISSlON OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Hampton Inn (George F. White A. LA. & Associates, Inc.,) APPLICANT'S AGENT: George F. White A.I.A. & Associates, Inc., HEARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval to construct a 65.816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) Quantum Corporate Park. LOCATION OF PROPERTY: Northwest corner of Gateway Boulevard and the E-4 Canal DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applica, pt- ~-,,'~-IAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applic/ant's application for relief is hereby ~RANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6, Other: ~ ~.~ DATED: May 7, 1997 Cityc'Clerk "¢~'[,;AttornE / HAMP I UN -IN~I-IN 'GIUANIUiV~-'f',;~I~PORAIE LOCATION MAP NO1' IN CITY C3 PID "MI IK 01: COMMER ~UANI'UM ;ARK R EXHIBIT "C" Conditions of Approval Project name: Hampton Inn at Quantum Park File number: NWSP 97-001 Reference: The plans consist of 13 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-001 with a Planning and Zoninq Department March 7, 1997, date stamp markinq. I DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Health Department permits for water and sanitary sewer may be required (Sec. 26-12). 2. Fire flow caIculations will be required demonstrating the City Code requirements of 1500 g.p.m. (LDR Chapter 6, Art. IV, Sec. 16). 3. KA capacity reservation fee will be due for this project upon Utility Department signature on the Health Dept. application forms or within 30 days of site plan approval, whichever comes first. This fee will be determined based upon meter size (Sec. 26-34[E]). 4. Plan shall specify meter size and location (Sec. 26.16(c)). 5. Plan shall show location of all utility easements. Show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City (Sec. 26-33(a)). 6. Appropriate backflow preventers will be required on the domestic water service to the building and the fire sprinkler line if there is one (Sec. 26- 207). 7. City water may not be used for irrigation where other sources are readily available. Please show source and location on your plan (City Comp. V Plan Policy 3C.3.4). 8. Utilities recommends a meeting with the project engineer to discuss the location of proposed water and sanitary sewer to minimize conflicts with structures and landscaping islands. FIRE Comments: None POLICE Comments: 9. Provide a "Right Turn On[y" sign in conjunction with the posted stop sign at the east ingress/egress. 10. The west ingress/egress, from Gateway Blvd., shall have a stop sign. '~ 1. "Trip lines" shall be installed in the pavement to activate the existing light at this location (Motorola entrance). Page 2 Hampton Inn NWSP 97-001 I DEPARTMENTS INCLUDE I REJECT 12. Traffic signal shall be re-programmed to be trip-line activated for both ~ businesses. 13. Frontage of the hotel needs to have proper signage to prohibit parking in ,j the fire lane and the loading zone. DEVELOPMENT DEPARTMENT Comments: 14. Provide off-street loading in compliance with Chap.2, Sec.eF7b, pg.2-56 ~ and Chap.2, Sec. llJ, pg.2-110. 15. Provide a master stormwater management plan. Chap.3, Art. IV, Sec.3T, ~ pg.3-6. 16. 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 and any other permitting agency shall be included with the permit request. Chap. l, Art. I, Sec.6, par. A, pg. 1-3. 17. Need SF'WMD & LWDD acceptance prior to Engineering approval. Chap. 6, Art. IV, Sec.5A, pg.6-7. ~ 18. Permits must be obtained for work within the right-of-way. Chap.22, Art. Il, ~ Sec.7A, pg.22-3. 19. Provide certification by developer's engineer that drainage plan complies with all City codes and standards. Chap.6, Art. V, Sec. bA, pg.6-7 and ~ Chap. 23, Art. llF, pg.23-8. 20. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices" (place 24" solid white thermoplastic stop ~ bars next to stop signs). Chap.23, Art. liB2, pg.23-7. 21. No trees shall be planted that interfere with lighting fixtures. Chap.23, ~ Art. llA, pg.23-6. 22. Provide continuation of sidewalks thru all driveways to mark pedestrian ~ paths. Chap.23, Art. liP, pg.23-10. 23. Make east driveway ingress aisle 15' wide and egress aisle 12' wide to ~ facilitate ease of entering off high speed Gateway Boulevard. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Page 3 Hampton Inu NWSP 97-001 DEPARTMENTS INCLUDE REJECT Comments: 24. The applicant indicates on the Boundary and Topographical Survey sheet, that Lot #1-A (VVatar Management Tract "A" and LWDD Canal E-4) is an integral part of Lot #'1. These areas are under the maintenance responsibi ty of the Quantum Commun ty Development D str ct and must be reviewed for proper maintenance in accordance with the Treasure Coast Regional Planning Council original Development of Regional Impact document. 25. The landscape plan sheet (L1) indicates landscape and irrgaton improvements in the median of NW 22nd Avenue. This improvement is also under the direction of the Quantum Community Development District. The applicant must notify this group that the area shou d be mainta ned in accordance with the Development of Regional Impact document. PLANNING AND ZON NG Comments: 26. Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, ind cate ts location and the height of the equipment above the roof level. Provide elevations of both the hotel and office buildings showing the roof top equipment and the required screening (all 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 feet from the buildings (LDR, Chapter 9~ Section '11 .E). 27. The dumpster enclosure has to meet desigr) and landscaping standards as described in LDR, Chapter 9, Section 10.C. and Chapter 7.5, Article II, Section 5.J. On the Landscape Plan provide required accent shrubs along the dumpster screen walls. 28. On the site plan, sheet A-l, indicate the setback of the proposed swimming pool, as required by LDR, Chapter 2 -Zoning, Section 11.E. 29 Parking calculations for properties within the PID are based upon the number of employees of a maximum shift and anticipated guest parking (see LDR, Chapter 2 - Zoning, Section 7.H.2). Amend the provided parking calculations to nc ude the ant cipated guest park ng 30. On site plan, sheet S-1 in the site data tabulation, indicate: lot coverage meeting the requirement of a maximum of 60 percent (LDR, Chapter 2, Section 7.H.12), and open space meeting the requirement of a minimum of 20 percent (LDR, Chapter 2, Section 7.H.13). proposed floor area of buildings by type of use and total gross square footage. parking provided 31. On the elevation drawings depict color code and manufacturer's name of all exterior bud ng materials or finishes including: door and window finish and roof tiles on the entrance canopy. 32. Submit a presentation board containing samples of all exterior building materials to be used for construction. Page 4 Hampton lnn NWSP 97-001 DEPARTMENTS INCLUDE REJECT 33. Provide a traffic statement from a traffic engineer indicating the amount of traffic generated by this use (the anticipated number of peak hour trips per day and total' trips per day) and the overall, current traffic counts for all developed/approved sites in the PID. Include these numbers in the site plan data summary. 34. Provide information regarding size, design and color of existing and proposed signs on the property. Signs must be consistent with the approved sign program for Quantum Corporate Park PID or a sign program amendment shall be filed. An adminiStrative approval of the on- site signs is recommended provided however, that all applicable city codes and the current sign program requirements are met. 35. Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should include the following sentence: If overlapping of the greenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on the recently approved greenbelt master plan shall be permitted. 36. According to the tax maps, Lot 1 of Quantum Park subdivision contains a drainage easement tract. Since the easement is to be separated from Lot 1, provide a survey of the proposed changes and record this document in the Palm Beach County records and with the Property Appraiser's office. Provide a recordation document to the Planning and Zoning department for verification prior to issuance of building permits. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 37. It is recommended to modify comment 35 to read: Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement, or provide written authorization allowing overlap of the 25 foot peripheral greenbelt with f5 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the design standards, as shown on the approved modified master plan.. 38. Delete comment 14. 39. Delete comment 24. ADDITIONAL CITY COMMISSION CONDITIONS 40. To be determined. ADDITIONAL CONDITIONS/COMMENTS FROM CITY COMMISSION1 MEETING OF 4/15~97 1. Comment No. 16 shall be included and amended to read as follows: 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, pavin,q, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PC, SFWMD and any other permittin.q a,qency shall be approved prior to issuance of a certificate of occupancy. Chap 1, Art. I, Sec.6, par. A,. p,q. 1-3. 2. Comment No. 17 shal be included and amended to read as follows: Need SFWMD & LWDD acceptance prior to issuance of certificate of occupancy. Chap. 6, Art. IV, Sec.5A, p,q. 6-7. 3. Comment No. 35 shall be included and amended to read as follows: Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the25 feet wide peripheral greenbelt meeting the des .qn standards, as shown on the approved modified master plan. It is further recommended by staffthat the revision to 35 above should include the followin.q sentence: If overlapping of the ,qreenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on the recently approved ~reenbeit master plan shall be permitted. Staff may approve an alternate location along the front of the property for any landscapin,q that can't be accommodated in the greenbelt location shown on the approved master plan CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVALOFBILLS APRIL15,1997 A. GUTHRIE & ASSOCIATES ................................. PO# 13837. L ft Station Pump Replacement ........................... $14,664.00 Pay From W & S Util Rev Fund- 421-000-0.691_21 KELLY TRACTOR CO .......................................... PO/~ 13152. Backhoe/Loader Machinery ............................. $119,674.30 Pay From Veh Service Fund-501-193-5-681-00 MAROONE CHEVROLET ..................... PO# 13295. Poo~ Cars/Replacements ............................................. $102,564.00 Pay From Veh Service Fund - 501-193~5-688-00 MOTOROLA COMMUNICATIONS INC ............................................... $15,654.00 PO# 11174. Relocate/Reconfigure Communications Pay From Cap Imp Fund- 302-194-5-640.05 SCR r .OAR .......................... 3/97 Use Charge for Wastewate'r ~t~i'~'~[[i .............................. $187,028.05 Pay From W & S Rev Fund-401-353-5-490.09 SAFETY EQUIPMENT CO .................... PO# 13709. Bunker Gear .............................................. $19,024.00 Replacement Program Pay From Gen Fund - 001-221-5-390-03 US ENERGY SERVICES INC ......................................... IAQ Eva uat ons, Consultat on, Lab Support, Travel ............... $ 28,946.42 Pay From Cap Imp Fund- 302-194-5-640-05 APPRO~¢AL JOHNSON YOKOGAWA .................. East Water Trtmt Plant DACS Projeci .................................................. $ 81,990.00 Pay From 1990 Const Fund - 409-000-0-690-10, $40,995.00 409-000-0-691-10, $40,995.00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR COMMISSION APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Scott & Mary Jo Bills APPL CANT'S AGENT: Geor.qe C. Davis EARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 23 - Parking Lots, Article II, Sectio~ H.3 of the Land Development Code to allow continuance of a driveway onto Federal H .qhway, 74 feet from the intersection ri.qhts-of-way lines. LOCATION OF PROPERTY: 1022 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli/cant ,,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appl~ant's application for relief is hereby ~/GRANTED subject to the conditions marked as "include" in Exhibit "D hereto. DENIED 4. This Order shal lake effect immediately upon issuance by the City Clerk. 5. All further development on the properly shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: April 15, 1997 City'Clerk EXHIBIT "D" Conditions of Approval Project name: Old Dutch Seafood Market - Parking Lot Variance File number: PKLV 97-001 Reference: The Parkinq Lot Variance File #PKLV 97-001 with a March 5, 1997 Planning and Zoning Department date stamp markin.q. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments None FIRE Comments: None POLICE .Comments: None DEPARTMENT OF DEVELOPMENT Comments: None RARK$ AND RECREATION Comments: None J PORESTER/ENVIRONM ENTALIST Comments None ~LANN NG AND ZONING ,Comments: 1. Provide the required visibility triangles at the US~I entrance. Make / a note on the site plan, that within these triangles hedge material V shall be maintained at a height lower than 30 inches. 2. The parking variance shall become null and void if at some time the ~/ building is demolished and the property redeveloped. V ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. NONE. ADD TIONAL CiTY COMMISSION CONDITIONS 4. To be determined. ~ ~ /'brae ADDITIONAL CONDITIONS FROM COMMISSION MEETING ! DEVELOPMENT ORDER Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLC RIDA APPLICANT: Scott & Mary Jc Bills APPLICANT'S AGENT: George C. Davis EARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOU GHT: Request for approval of a maior site plan modification to remodel the existing building exterior, add a 100 square foot addition and reconstruct the parking lot on .25 acres. LOCATION OF PROPERTY: 1022 North Federal Hi,qhway DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The AppliCant ~/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appl/ant's application for relief is hereby ~_ GRANTED subject to the conditions marked as "include" in Exhibit "C hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5, All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: April 15, 1997 CityE/Clerk SEAFOOD MARKET "OLD DUTCH MILL" LOCATION MAP I::1 El J J I~ EXHIBIT" C" Conditions of Approval Project name: Old Dutch Seafood Market File numeer: MSPM 96-008 Reference: The plans consist of 6 sheets identified as 2nd Review, New Site Plan. File #MSPM 97-008 with a Mar( 71 1997 PI~ ' and Zon nq Department date stamp markinq. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: / 1. Show reduced pressure zone backflow preventor on plans as dose to water meter as possible, (Sec. 26.207 (d)(4)). 2. The Utilities Department will permit irrigation by city water on ,/ properties between Federal Hwy. and the ocean, if the location of v the proposed water meter and backflow preventor are shown on the plans. FIRE Comments: None POLICE Comments: .3 The "DO NOT ENTER" sign is positioned in the wrong location at the driveway ingress from N. Federal Highway. Remove the sign from the proposed location and place two "DO NOT ENTER" signs approximately 25 feet further east at each side of the N. Federal Highway driveway ingress. DEPARTMENT OF DEVELOPMENT Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONM ENTALIST Comments: None PLANNING AND ZONING Comments: 4. The city's Land Development Regulations, Chapter 4, Section 7.A require that a survey be submitted showing existing utility lines and Page 2 Seafood Market (Old Dutch Mill) NWSP 96-008 easements. The survey included in this submittal does not provide this information, however, the site plan shows several utility lines on the site and w th n the adjacent areas. To avoid possible conflicts of the proposed improvements with the location of existing V easements, provide a survey that has been abstracted and researched for utility lines and/or easements. will have to be screened from view at a 5. Any roof top equipment distance of 600 feet (LDR, Chapter 9, Section 11.E). Reference the V locations of the roof top equipment and the parapet wall on the building elevations. 6. On the site plan, show all setbacks as required by LDR, Chapter 4, V/ Section 7.B.1. 7. Provide signage of prem ses as required by the code (LDR Chapter / 4, Section 7.B.1). t s recommended that admin strat ye approval of V the site signs be required, provided' that ali applicable city codes are met. 8. Provide accent shrubs along the eastern wall enclosure of the . /f dumpster area, as required by the code LDR, Chapter 7.5, Article II, Section 5.J. Provide the anticipated number of peak hour trips per day and total ,/ 9. trips per day (this nformation should be based on ITE standards). Include these numbers in the site plan data summary. Submit to the Planning and Zoning Department a presentation ,/ 10. board containing samples of all exterior building materials and/or finishes to be used for construction. 11. On the elevation drawings depict color code and manufacturer's J name of all exterior building finishes. 12. At the US-1 entrance draw in required visibility triangles. Make a / note on the landscape plan, L-l, that within these tdangIes hedge matedal shall be maintained at the height lower than 2 feet 6 inches. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 13. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 14. To be determined. ADDITIONAL CONDITIONS FROM COMMISSION MEETING 7. 8. 9. DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: Dr. Walter Lanke and Ms. Alice Fay (Grove Plaza) APPLICANT'S AGENT: Julian T. Brian III EARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOUGHT: Request for a one year time extension for subdivision master plan approval and' concurrency to expire March 19, 1998 for the Grove Plaza Subdivision Master Plan LOCATION OF PROPERTY: Lawrence Road the southeast corner of Hypoluxo Road and DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Ap~li~nt v HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App~cant's application for relief is hereby .V/_ GRANTED subject to the conditions marked as "include" in Exhibit "D hereto. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: April !15, 1997 city¢clerk ' % LOCATION MAP GROVE PLAZA 'R1A PUD LUI', 4.~ ~KNOL GRO ~'BOyN?oN ~URSE PUll PUrl LUI: 4.0 ~IAA EXHIBIT "D" Conditions of Approval Project name: Grove Plaza File number: SBTE 97-001 Reference: Subdivision Master Plan time extension Planninq and Zoning Department Memorandum No. 97-132. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES comments: None FIRE Comments: None POLICE Comments: None t DEVELOPMENT DEPARTMENT Comments: None PARKS AND RECREATION Comments: None ;~FORESTER/ENVI RONM ENTALiST Oomments: None PLANNING AND ZONING Comments: 1. It is recommended that the City Commission deny this request for the following reasons: a) this property represents speculative development as it has had a commercial land use designation for almost seven years without building construction;~ /,~¢/ b) the proposed uses do not minimize negative impacts on the adjacent large lot, single family neighborhood to the south; ~ c) the proposed lot arrangement (numbers of lots) and building layout (lack of unified structures with architectural, landscape and signage controls) reflects strip commercial and does not employ planning principles that will ensure an attractive, quality development and, d) development of this type will encourage similar development on the vacant parcel on the southwest corner of Lawrence Road and Hypoluxo Road. 2. If the City Commission approves the subdivision master plan . /~ extension, it is recommended that the previous conditions of approval V DEPARTMENTS INCLUDE REJECT and project, all applicable, current [and development regulations apply to the ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. A one time only, 12 month time extension is recommended. ADDITIONAL CITY COMMISSION CONDITIONS 4. To be determined. /brae ADDITIONAL CONDITIONS FROM COMMISSION MEET1NG 10. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Kennedy Homes, Inc., (Crystal Key at Woolbri,qht Place P.U.D.) APPLICANT'S AGENT: Kenneth H. Kruger, P.E. HEARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval of a 32 acre recreation area to include a pool, 160 square foot cabana and parking facility fo~ Crystal .Key at Woolbri.qht Place PUD, an 83 unit single-family (detachect homes). LOCATI ON OF PROPERTY: on the east side of S.W.8th Street approximately 2,200 feet north of Woolbri,qht Roae DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant: members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The AppliCant ~/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appfcant's application for relief is hereby ~ GRANTED subject to the conditions marked as "include" in Exhibit "D" hereto. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 6 Other: DATED: April 15, 1997 City ~erk ty Attorne, LOCATION MAP ~UD EXHIBIT"C" Conditions of Approval Project name: Crystal Key - Recreation File number: NWSP 97-003 Reference: The plans consist of 4 she_ets identified as 'lst Review~New Site Plan. File #NWSP 97-003_ with a~ and Zonin De~..~..QA~ment Febru~ate sta~ - DEPARTMENTS t iNCLUDE I REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: 1. The plans show 26 feet between parking spaces, code calls for a minimum of 27 feet. Amend plans accordingly. ~ DEPARTMENT OF DEVELOPMENT : Comments: 2. 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, SFVVMD and any other perm tting agency shall be included with your permit request. Chap.l, Art. I, Sec.6, par. A, pg.1-3. 3. Provide certification by Developer's Engineer that drainage plan complies with all City codes & standards. Chap.6, Art. V, Sec.5A, pg. 6-7 and Chap.23, Art. llF, pg.23-8. 4. Provide drainage plan. Chap.4, Sec. 7F, pg.4-6 and Chap.23, Art. llF, pg.23-8. 5. Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc., J must conform with City codes and standards. Chap.23, Art. ll, pg.23-6. 6. Provide a sat sfactory lighting plan including photometrics and pole wind loading· Chap.23, Art. llA, pg.23-6. 7. Concrete curb must conform to City standards. Chap.23, Art. liE, pg.23-7. ~8 · Provide 27' backup area, all stalls. Chap.23, Art. il, I1, pg.23~9. 9. All parking lots shall meet or exceed State Handicap Code requirements and j DEPARTMENTS comply with the Standard Building Code and amendments thereto. Chap. 23. Art. IlK, pg.23-9. 10. 11. 12. Provide continuation of sidewalks thru all driveways to mark pedestrian paths. Chap. 23, Artll, Sec. P,_pg.23-10. Paint handicap pavemen_t symbols white. Sheet 9 of FDOT Index 17346. As proposed the 15' x 30' cool (which is the normal size structure for a single family home) is not appropriate to be represented as a "public" pool. This development when completed, will contain 83 units (200-220 persons). Assuming a reasonable peak period, the pool area should accommodate abou: 20% of that population or about 40 persons. Using the standard of 20 s.f. per person for pool and deck area in a public pool, the minimum size poo should be 800 s.f. to provide adequate occupancy and a reasonaDle amenity to the development. It is therefore recommended that the minimum s~e pool for this area as proposed should be 20' x 40'. Ir order to encourage the developer to provide this improved amenity, I would further recommend that the parking requirement, which is generally based upon pool size. be left as proposed which will adequately provide sufficient parking at this peak period. It is the consensus of the Technical Review Committee that since this development is a P.U.D., normal code provisions can be preempted which is recommended in this case. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None ~LANNING AND ZONING Comments: ~3. To ensure that the location of the driveway leading to the recreation area meets City standards, show on the clan titled Site Plan - Recreation Area, a dimensior of no less [han 30 feet from the intersecting lines of both rights-of-way located at the southwest corner of the site to the south edge of the proposed driveway. [Chapter 23 - Parking Lots, Article II. Section H. 3. of the Land Development 14. To the plan titled Site Plan - Recreation Area change, or add the following information and horizontal control dimensions in compliance with City code: a. change the access aisle width from 26 feet to 27 feet [Chapter 23 - Parking Lots, Article II, Section I. 1. of [he Land Development Regulations and City standard drawing B-90013]; b. show and dimension on the plan a 5 foot wide landscape strip along the west side of the parking area [Chapter 7.5, Article II - Landscape Code, Section 5. D. of the Land Development Regulations]; c. show with a distinguishable symbol and notes the location and type of curbing required to protect the landscaping [Chapter 7.5. Article II - INCLUDE REJECT ¥ J DEPARTMENTS Landscape Code. Section 5. A. of the Land Development Regulations]; d. dimension the width of the handicapped access aisle and regular and handicapped parking spaces [Handicapped Accessibility Code and [Chapter 23 - Parking Lots Article Ii Section i. 1. of the Land Development Regulations and city standard drawing B-90012 and B- 90013]; e. dimension the width of the on-site sidewalk leading to the pool deck from the right-of-way and dimension the width of the sidewalk leading to the pool deck from the parking lot [Chapter 4 - Site Plan Review Section 7. B. of the Land Development Regulations]; f. Identify the type of material proposed for the pool deck and sidewalks [Chapter 4 - Site Plan Review, Section 7. B. of the Land Development Regulations]; g. show the location of the security fencing and gates required around the pool area and specify the type of fence material, including height and color [Chapter 2 - Zoning, Section 11 E. of the Land Development Regulations and Swimming Pool Ordinance]; h. show [he location of the wheelstops [Chapter 23 - Parking Lots. Article II, Section E. of the Land Development Regulations]; i. show the location of the pool equipment and the type of required screeniog [Chacter 9 - Community Design Plan. Section 10. C. of the Land Development Regulations]; j. indicate/he type of surface material proposed for the entire parking area (note: grass park ng is not allowed) [Chapter 23 - Parking Lots, Article I, Section 5. B. of the Land Development Regulations] and k. show the location of the site light ng poles required to illuminate the parking area [Chapter 23 - Parking Lots Artic e , Section 5. B. and Article I, Section A. of the Land DeVelopment Regulations]. 15. To the plan that depicts the site landscaping, change or add the following information in compliance with city code: a. show the location of the city standard curbing and wheelstops required to protect the landscape areas EChapter 7.5. Article II - Landscape Code. Section 5. A. of the Land Develo0ment Regulations]; b. show no: less than a 5 foot wide landscape strip along the west side of the parking area [Chapter 7.5, Article II - Landscape Code, Section 5. D. of the Land Development Regulations]; c. omit from the plans all reference to grass parking CChapter 23 - Parking Lots, Article Section 5. B. of the Land Development Regulations]; d. add the si~lewalks lead[hg to the pool deck as shown on the site plan; e. extend the native COco Plum hedge material shown on the plan abutting [he north parking spaces, towards the east and west to show a continupus hedge row around the perimeter of the vehicle use area The onlyJinterruption n the continuous hed e row maximu ' · g ( m spacing, 2 feet center to center) shall be s~dewalks and/or driveways (Note - as required by the code, show on the plan the hedge row setback 3 feet from the edge of the sidewalk or driveway) The bed e material is also not required where the footprint of the building screegns the view of the parking ~ea from the abutting property line [Chapter 7.5, Article II - Landscape Code, Section 5. C. 3.. 5· D., 5. E. and 5. H. of the Land Development Regulations]; f. change the Coco Plum height specification from #1 container, 12" -18" to 18" minimum at time of planting, spaced 2 foot on center, to form a continuous screen barrier [Chapter 7.5 Article II - Landscape Code. Section 5. A. of the Land Development Regulations]; INCLUDE REJECT DEPARTMENTS g. remove from the plant list and plan View drawing all reference to [he quantity of required hedge and tree material (Note - the quantity of ~edge and tree material will be identified by the spacing specification and dimensions shown on the plan and plant list); i to avoid a conflict with site lighting poles and ~andscaping, show on the plan the location of the site lighting poles; J. t~ delineate the location of the required hedge landscape material, it is recommended that an asterisk oe noted and D aced on the plan view drawing and plant list by the Coco Plum hedge material or any other -~pecie used to meet the required vehicle use area screening hedge material; k. place a typ cai maximum 40 foot on center s ac~n d~ ,,_ .... P g menslon between [ne requ~reo trees shown a ong the south and west property line of the v~hJcl~ use area (Note - if th~ Seagrapes specified on the plan are being used to meet the reauired trees, change the overall height specifications from #I5 container, 6'-7' x 5'-6' and #7 container, 4'x4' to a minimum of 8 feet tall with a 2 inch caliper trunk measured 4.5 feet above grade [Chapter 7.5, Article II - Landscape Code Section 5. A. of tile La~d Dev~ OPn~ent Regulations]; I. to delineate the location of the required tree landscape material, it is recommende~ that a doub e asterisk be noted and placed on the p an ~i~W drawing: and p ant list by the Brazilian Beaufyleaf tree and Seagrape tf~ (~r any other specie used to meet the required vehicle use'area screening regarding trees [Chapter 7.5, Art c e II - Landscape C~de, ~ecflon 5. D. 1. of the Land Development Regulations] m. to identi~ t~e lbcat on and specie of the required pool equipment and A~C~uni~ screening, place a dis~nguishable symbol on the plan view drawings, and the plant list next to the required scraenmg material [.C~h~pt~- 9 - Community Design Plan, Seciion 10. C. of the Land D~v~lopment ~egulations]; n. shov~ computations that verify that the quantity of required trees and h~dges .sh~wd on the plan are in comp anco with the quanfl s~: 9~Jficat ons 6f the code [Chapter 7.5, Article fl - Landscape Cod~ S( c{lon ~. C. 3. and D. 1. of the Land Development Regulations]; o sh( w co~putatibns that verify that the quantity of required native trees an J hedges shown on the p~an are in compliance with the fifty (50) pe 'cent ~equire~nent of the code [Comprehensive Plan Policy 4.4.6]; p. she ~, lal~el an~l ~Jmension on the landscape plan the line-of~sight tri~ n~gulai area~ that are required on both sides of the dr veway and at th( ~out~we~t Comer of the site where the property comer is located at th~ ['nter~ection of two rights-of-Way and indicate in note form the size of :he u~obstructed cross visibility space required within the line-of~ sight tri~ngular' areas [Chapter 7 5 Article I - .. - Landscape Code Sect0n 5. H. an~ Chapter 2 - Zoning, Secto~ 4. E of the Land Development Reg~.laflons ] and q. indicate that the m~lch used will be non-cypress. Add to the notes sect on of the landscape p~an, text indicating that the landscape material sh~ll bei~ installed in a sound, workman-like manner. [Chapter 7.5, Article II -~ Landscape Code. Section 5. A. of the Land Development Regulations[] 16. 17. On the note~s section of the landscape pan, identity the source of the water' required for the automatic irrigation system. [Chapter 4 - Site Plan Review. Section 7. O. of the Land Development RegulationsI INCLUDE J REJECT DEPARTMENTS 18. On the plant specifications found on the landscape plan, clearly delineate the height of the trees, the spread and caliper at 4.5 feet above grade. Ail planting specifications shall be in compliance with the landscape code. [Chapter 7.5, Article II - Landscape Code, Section 3. B. 5. of the Land Development R_egulations] 19. On sheet A-1 identify the color name, color code and manufacturer of the following exterior finish materials and where applicable, identify the type of material: a. textured stucco finish; b. asphalt shingles; c. raised stucco band: d. louvers: e screened louver; wood fascia; g. galvanized drip; h. door frames: i. door and door louver; open patio support columns and k. soffit at overhang and open patio area. [Chapter 4 - Site Plan Review, Section 7. D. and Chapter 9 - Community Design Plan. Section 5 ofthe Land Development Regulations] 20. On the sheet titled Site Plan - Recreation Area add to the "Development Data" a note indicating the recreation amenities are not required by the city code. 21. The submittal includes two drawings titled site plan and or y one is required. Revise the submittal to include one site plan that identifies ali required informatio~ ~n compliance with city codes. 22. Submit a survey of the recreation tract ;-23. To avoid a conflict with regards to the location of trees w~thin easements, show, _ identify and dimension the easements of record on the Landscape Plan. 24. Submd s copy of the Lake Worth Drainage District permit prior to commencement of construction. 25. To cladfy the improvements proposed with [he subject request, it recommended that notes S and 10 found in the "Development Data" on the plan titled Site Plan - Recreation Area be omitted. This setback information is not needed as part of the request. However. the following required recreation area setback information shall be listed in the development data and shown with symbols and '~otes on the site plan drawing: Recreation Area Setback - 20 t:eet for all buildings and amenities (Note: the pool deck and parking facilities are exempt from the setback requirements). To clarify the ~mprovements proposed with the subject request, it recommended_ that notes 2, 3 and 5, found in the "General Notes" on the plan titled S/te Plan - Recreation Area, be omitted This information is not needed as part of the request. To clarify the subject request, it is recommended that general note I found on the plan title~: Site Plan - Recreation Area be revised by omitting all text following the word "area". It is further _recommended that general note 4 be revrsed by omitting the word "units" and inserting the text "recreation area". It is INCLUDE J REJECT DEPARTMENTS also recommended that the text "private streets" be added to general note 6. 28. To clarify the location of the recreation area, it is recommended that the names of all of the streets shown on the plans be identified on all plan view 29. 30. To cladfy the location of the recreation area, it is recommended that the names of all of the streets shown on the plans be identified on all plan view It is recommended that the title Landscape Plan - Recreation Area, be added to the sheet referenced as 1 of 1 31. 32. If the project is approved, comments shall be addressed on the permit required to cor~s~truct or install the approved improvements. If recommendations are approved, they shall be incorporated into the working drawings required for permits for the project All improvements shall comply with the applicable city codes. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 33. NONE. ADDITIONAL CITY COMMISSION CON DITiONS 34. To be determined. INCLUDE REJECT ,/ Cbme 3. 4. 5. 6. 7. 8. 9. DEVELOPMENT ORDER OFTHE CITY COMMISSION DFTHE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Hampton Inn (Geor,qe F. White A.I.A. & Associates, Inc.,) APPLICANT'S AGENT: George F. White A.I.A. & Associates, Inc., HEARING BEFORE CITY COMMISSION: April 15, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval ta construct a 65.816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) Quantum Corporate Park LOCATION OF PROPERTY: Northwest corner of Gateway Boulevard and the E-4 Canal DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Appi ~cant in a manner consistent with the reouirements of the City's Land Development Regulations. The Appli~?ant HAS HAS NOT established by substantial competent evidence a 13asis for the relief requested. 3 The Applicant's application for relief is hereby __._¢GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. Al further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: April 15, 1997 Cite'Clerk "'-'- HAMPTON INN IN QUANTUM CORPORATE PaR LOCATION MAP _~------~ I N cITY RT~ C3 PID ~MOTO / / OF COMIV~ERr ~UANTLIM pARK) EXHIBIT "C" Conditions of Approval Project name: HampTon Inn at Quantum Park File number: NWSP 97-001 Reference: The plans consist of 13 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-001 with a ~r[ment March 7, 1997, date stamp markin,q. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS .Comments: None UTILITIES Comments: 1. Health Department permits for water and sanitary sewer may be required (Sec. 26-12). 2. Fire flow calculations will be required demonstrating the City Code requirements of 1500 g.p.m. (LDR Chapter 6 Art. IV, Sec. 16). 3. KA capacity reservation fee will be due for this project upon Utility Department signature on the Health Dept. application forms or within 30 days of site plan approval, whichever comes first. This fee will be determined based upon meter size (Sec. 26-34[E]). 4. Plan shall specify meter size and location (Sec. 26.16(c)). 5. Plan shall show location of all utility easements. Show all proposed easements, on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City (Sec. 26-33(a)). 6. Appropriate backflow preventers will be required on the domestic water service to the building and the fire sprinkler line if there is one (Sec. 26- 207). 7. Cty water may not be used for irrigation where other sources are readily // available. Please show source and location on your plan (City Comp. Plan Policy 3C.3.4). recommends a meeting with the project engineer to discuss the 8. Utilities location of proposed water and sanitary sewer to minimize conflicts with v structures and landscaping islands. FIRE Comments: None POLICE Comments: ~ 9. Provide a "Right Turn Only" sign in conjunction with the posted stop sign at the east ingress/egress. · ~ 10. The west ingress/egress, from Gateway Blvd., shall have a stop sign. 11. "Trip lines" shall be installed in the pavement to activate the existing light · at this location (Motorola entrance). Page 2 Hampton Inn ~7-001 12. Traffic signal shall be re-programmed to be trip-line activated for both businesses. 13. Frontage of the hotel needs to have proper signage to prohibit parking in the fire lane and the loading zone. DEVELOPMENT DEPARTMENT Comments: 14. Provide off-street loading in compliance with Chap.2, Sec.eF7b, pg.2-56 and Chap.2, Sec. 11J, pg.2-110. 15. Provide a master stormwater management plan. Chap.3, Art. IV, Sec.3T, pg.3-6. 16. Ali 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, andscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFVVMD and any other permitting agency shall be included with the permit request. Chap.l, Art. I, Sec.6, par. A, pg.1-3. 17. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap. 6, AE. IV, Sec.5A, pg.6-7. 18. Permits must be obtained for work within the right-of-way. Chap.22, Art. Il, Sec. TA, pg.22-3. 19. Pro,de certification by developer's engineer that drainage plan complies with all City codes and standards. Chap.6, Art. V, Sec.5A, pg.6-7 and Chap. 23, Art. llF pg.23-8. 20. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices" (place 24" solid white thermoplastic stop bars next to stop signs). Chap.23, Art.liB2, pg.23-7. 21. No trees shall be planted that interfere with lighting fixtures. Chap.23, Art. llA, pg.23-6. 22. Provide continuation of sidewalks thru all driveways to mark pedestrian paths. Chap.23, Art.liP, pg.23-'10. 23. Make east driveway ingress aisle 15' wide and egress aisle 12' wide to fac late ease of entering off high speed Gateway Boulevard. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Page 3 Hampton Inn -001 DEPARTMENTS I INCLUDE REJECT Comments: 24. The applicant indicates on the Boundary and Topographical Survey sheet, that Lot #1-A (Water Management Tract "A" and LWDD Canal E-4) is an integral part of Lot #1. These areas are under the maintenance respens b ify of the Quantum Community Development District and must be reviewed for proper maintenance in accordance with the Treasure Coast Regional Planning Council original Development of Regional Impact document. 25. The landscape plan sheet (L1) indicates landscape and irrigation improvements in the median of NW 22nd Avenue. This improvement is also under the direction of the Quantum Communify Development District. The applicant must notify this group that the area should be maintained in accer~Jance with the Development of Regional. mpact document. PLANNING AND ZONING Comments: 26. Any roof top equipment will 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 roof level. Provide elevations of both the hotel and office buildings showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevation~ the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 feet from the buildings (LDR, Chapter 9, Section 11.E). 27. The dumpster enclosure has to meet design and landscaping standards as described in LDR, Chapter 9, Section 'I0.C. and Chapter 7.5, Article II, Section 5.J. On the Landscape Plan provide required accent shrubs along the dumpster screen walls. 28. Qn the site plan, sheet A-l, indicate the setback of the proposed swimming pool, as required by LDR, Chapter 2 -Zoning, Section 11.E. ~-'~ 29 Parking calculations for properties within the PID are based upon the number of employees of a maximum shift and anticipated guest parking (see LDR, Chapter 2 - Zoning, Section 7.H.2). Amend the provided parking calculations to include the anticipated guest parking. 30. On site plan, sheet S-1, in the site data tabulation, indicate: lot coverage meeting the requirement of a maximum of 60 percent (LDR, Chapter 2, Section 7.H.12), and open space meeting the requirement of a minimum of 20 percent (LDR, Chapter 2, Section 7.H.13). proposed floor area of buildings by type of use and total gross square footage. parking provided 31. On the elevation drawings depict co~or code and manufacturer's name of all exterior building materials or finishes including: door and window finish and roof tiles on the entrance canopy. 32. Submit a presentation board containing samples of all exterior building materials to be used for construction. Fage 4 Hampton Inn NWSP 97-001 DEPARTMENTS I INCLUDE REJECT 33. Provide a traffic statement from a traffic engineer indicating the amount of traffic generated by this use (the anticipated number of peak hour trips per day and total trips per day) and the overall, current traffic counts for all developed/approved sites in the PID. Include these numbers in the site plan data summary. 34. Provide information regarding size, design and color of existing and proposed signs on the property. Signs must be consistent with the approved sign program for Quantum Corporate Park PID or a sign program amendment shall be filed. An administrative approval of the on- site signs is recommended provided however, that all applicable city codes and the curreBt sign program requirements are met. 35. Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meeting the dee gn ~tandards, as shown on the approved modified master plan. It is further recommended by staff that the revision to 35 above should include the following sentence: If overlapping of the greenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on the recently approved greenbelt master plan shall be permitted. 36. According to the tax maps, Lot 1 of Quantum Park subdivision contains a drainage easement tract. Since the easement is to be separated from Lot 1, provide a survey of the proposed changes and record this document in the Palm Beach County records and with the Property Appraiser's office. Provide a recordat on document to the, Planning and Zoning department for verification pr or to issuance of building permits. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 37. It is recommended to modify comment 35 to read: Move the required 25 foot wide peripheral greenbelt north and out of the 'i5 feet wide FPL easement, or provide written authorizatiPn allowing overlap of the 25 foot peripheral greenbelt with 15 feet wide FPL easement. On the landscape plan, sheet L-1 show landscape material proposed within the 25 feet wide peripheral greenbelt meetin9 the design Standards, as shown on the approved modified master plan.. 38. Delete comment 14. 39. Delete comment 24. ADDITIONAL CITY COMMISSION CONDITIONS 40. To be determined. /bme ADDITIONAL CONDITIONS/COMMENTS FROM CITY COMMISSION, MEETING OF 4/15/97 1. Comment No. 16 shal be included and amended to read as follows: All plans submitted for specific permits shall meet the City's code requirements at time of application. These permits include, but are not limited tot the followin,q: site li,qhtina, pavin¢l, dra~naae, curbing, landscaping, irrigation and traffic co~',[~ul devices. Permits required from agencies such as the FDOT, PC, SFWMD and any other permitting agency shall be approved prior to issuance of a certificate of occupancy. Chap 1, Art. I, Sec.6, par. A,. pg. 1-3. 2. Comment No. 17 shall be included and amended to read as follows: Need SFWMD & LWDD acceptance pr or to issuance of certificate of occupancy. Chap. 6, Art. IV, Sec. 5A, PR. 6-7. 3. Comment No. 35 shall be included and amended to read as follows: Move the required 25 foot wide peripheral greenbelt north and out of the 15 feet wide FPL easement. On the lar~dscape p an, sheet L-1 show landscape mater ~ proposed within tl~e 25 feet wide peripheral greenbelt meeting the aesi,qn standards, as shown on the approved modified master plan. It is further recommended by staff that the rewsion to 35 above should include the following sentence: If overlapping of the greenbelt and FPL easement is allowed no reduction in quantity and quality of plant material reflected on thu recently approved greenbelt master plan shall be permitted. Staff may app~uve an alternate location along the front of the property for any landscaping that can't be accommodated in the ,qreenbelt location shown on the approved master plan