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Minutes 11-19-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEI~BER 19, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker Hill, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Dale Sugerman, Asst. City Manager I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Reverend John Block - St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman Mayor Taylor called the meeting to order at 6:30 p.m. Following the invocation, Commissioner Tillman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Jaskiewicz added Item II-B.a, "Comments on Advisory Board on Children and Youth". Under Item IX-B, Vice Mayor Jaskiewicz added "Florida Telecommunications Taxation Task Force". Mayor Taylbr advised that he would like to discuss concerns some of the Planning and DevelopmeCt Board members have raised with regard to the LDRs. They would like the Commissio~ There was and Devel¢ Under Item Awareness Mayor Tayl¢ Mr. Willard. ~ers to hear those concerns at a workshop meeting. consensus of the Commission to hold a workshop meeting with the Planning )ment Board prior to approval of the LDRs. X-C, Commissioner Tillman added, "Bringing Florida A & M Band to the Black Function for 1997". r added Item VIII-AA, "Fast tracking the DRI". This item will be discussed by MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Motion Commissioner Titcomb moved to table the LDRs under second reading until after a workshop meeting with the Planning and Development Board. Commissioner Bradley seconded the motion. Mayor Taylor will arrange a date for this workshop and will bring that information back to the Commission. The motion carried unanimously. Commissioner Titcomb added Item IX-D, "Festivals". Commissioner Bradley requested moving up Item XI-B, "Appointment of interim City Manager". Since there were no Bids on the agenda, this item will be discussed at that point. 2. Adoption Commissioner Bradley moved to approve the agenda as amended. Commissioner Titcomb seconded the motion which carried unanimously. II. ADMINISTRATIVE: Accept resignation of Natalie Macon, Regular, Community Relations Board Motion Vice Mayor Jaskiewicz moved to accept the resignation. Commissioner Tillman seconded the motion which carried unanimously. B. Appointments to be made Vice Mayor Jaskiewicz reminded the Commissioners that at the last meeting, she appointed a young lady to the Advisory Board on Children and Youth. She then learned that this student resides outside City limits. The young lady is an outstanding student at Santaluces High School and would be an asset to the board. Vice Mayor Jaskiewicz said she wouId be extremely disappointed if she could appoint this young lady. She questioned the necessity of having these students as voting members and wondered whether the Ordinance could be reworded to eliminate their ability to vote and thus allow appointments of non-resident students. 2 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 City Clerk Sue Kruse confirmed for Mayor Taylor that Ordinance 96-42 was adopted in October allowing one non-resdent, non-voting student. The Advisory Board on Children and Youth has two regular student members and one alternate student member. Commissioner Bradley was not supportive of removing the voting privileges of students who reside in the City. Commissioner Tillman pointed out that it may not be possible to accommodate this student because of the fact that we have an Ordinance in place which allows only one non- resident, non-voting student member. The Commission cannot keep switching things around to accommodate these students. Mayor Taylor recommended holding this appointment in abeyance to give the Commissioners time to consider this request. APPOINTMENT TO BE MADE BOARD LENGTH OF TERM EXPIRATION DATE III Jaskiewicz* Adv Board on Children & Youth Reg Term expires 4/97 III Jaskiewicz* Cemetery Board Alt 1 yr term to 4/97 III Jaskiewicz* Education Advisory Board Alt Term expires 4/97 II Bradley** Adv. Bd. on Children & Youth Stu/Reg 1 yr term to 4/97 TABLED Mayor Taylor* Planning & Development Bd. Reg Term expires 4/98 IV Tillman* Community Relations Board Reg Term expires 4/98 TABLED Vice Mayor Jaskiewicz tabled all of her appointments. Commissioner Bradley tabled his Student/Regular appointment to the Advisory Board on Children and Youth. Mayor Taylor advised that the reason there is an open appointment on the Planning and Development Board is because there is a member who has been very ill and missed four meetings. The Planning and Development Board is the only board which has a requirement whereby they may have two meetings a month. There are three members who are ready to be dropped from that board because they are approaching their fourth absence. For the remainder of this year, Mayor Taylor proposed that if there were two meetings in the month, and the member attended both meetings, they would get credit for having missed one of the other regular meetings. If the member did not attend that meeting, it would not count against him/her. He explained that Mr. Hill would be back on the board, and would stay on the board as long as he does not miss another meeting for the remainder of the year. This would solve the problem we have with the members that are readY to be removed. Mayor Taylor's appointment to the Planning and Development Board will be removed from the agenda, and Mr. Hill will be notified that he is reinstated to his 3 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 regular position on the board. Consensus There was consensus of the Commission to allow attendance at a second monthly Planning and Development Board meeting to offset an absence at a future regular monthly meeting held within the attendance year. Commissioner Tillman tabled his regular appointment to the Community Relations Board. Motion Vice Mayor Jaskiewicz moved to table all remaining appointments. Commissioner Tillman seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes: Special City Commission Meeting Minutes of November 4, 1996 Joint City Commission/Chamber of Commerce Meeting Minutes of November 4, 1996 Regular City Commission Meeting Minutes of November 6, 1996 Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Award Annual Contract for Cleaning Chemicals and Janitorial Supplies to Various Vendors for each category Fourteen (14) bids were received. The evaluation factors used in determining the award were based on price, brand name submitted samples, Warehouse processing time, and vendor's item availability. All vendors awarded are considered to be the most responsive, responsible bidders meeting all required specifications. Approve selection of Occucare as the vendor for Workers' Compensation Managed Care Arrangement (MCA) Program As outlined in an Agenda Memorandum from Wilfred Hawkins, Assistant to the City Manager, the Evaluation Team recommends that the Cost Per Employee is the preferred option for this program as this will capitate the costs and provide the City with a known total program cost, rather than relying upon the fluctuating numbers of claims to determine the total cost. The Evaluation Team further recommends the selection of Occucare as the 4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 vendor for the Program. Occucare submitted the lower bid of the two finalist vendors at $19,200 based upon 800 employees. Occucare is a local and minority (woman) owned company with a successful history providing services to corporate and governmental clients. Award bid for the Concession of the Great American Love Affair (G.A.L.A.) and Cultural Festival 1997 to San Francisco Puffs & Stuff and authorize execution of agreement (Proposed Resolution No. R96-168) The Tabulation Committee recommends awarding this bid to San Francisco Puffs & Stuff of Fort Lauderdale, Florida, as they were the sole bidder who meets and exceeds all specifications per Memorandum #96-520 from Charles Frederick. C. Resolutions 1. Proposed Resolution No. R96-169 Re: Release of surety for the BIum Plat (Old Boynton Estates) 2. Proposed Resolution No. R96-170 Re: Release of surety for Lexington Lakes 3. Proposed Resolution No. R96-171 Re: Ratification of hiring an Assistant City Attorney 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 - October, 1996 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 six (6) 1997 Ford 4x2 pickup trucks and one (1) 1997 Ford 4x4 pickup truck for Sewage Collection (1 new), Utilities Pumping (1 new), Storm Water Maintenance (2 new), Facilities Management (1 replacement), Water Distribution (1 replacement), Utilities Pumping (1 replacement from Duval Ford (off State Contract) in the amount of $115,729 Public Works Department Memorandum #96-248 outlines this request. Funds are MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 available in the FY 96/97 budget and these vehicles are being purchased off State Contract #070-500-420, Approve purchase of two 1997 Dodge Ram Vans for Facilities Management from Regency Dodge in the amount of $29,374 Public Works Department Memorandum #96-250 outlines this request. Funds are available in the FY 96/97 budget and these vans are being purchased off State Contract #070-300-401. Approval to waive bidding process to continue service contract with Johnson Yokogawa Corporation for Maintenance Service Water/Wastewater Instrumentation and Data Acquisition and Control System The Purchasing Department concurs with Utilities' request to waive the bidding process and agree to a one-year contract for the required services with Johnson Yokogawa, Corporation at $65 per hour for full service. Funds in the amount of $40,000 are available in Account #401-336-5-499.00. Approve purchase of a document imaging system and services from R & S Integrated Products & Services, Inc., from State of Florida contract and the piggybacking of a contract let by Putnam County Schools A memorandum from Dale Sugerman to Carrie Parker Hill dated November 13, 1996 provides the details of this purchase. Approve purchase of computer cabling services by the piggybacking off a contract let by Pinellas County Schools Dale Sugerman's memorandum to Carrie Parker Hill dated November 13, 1996, recommends approval of the purchase of cabling services from Inacom Information Systems, Inc., of Maitland, Florida, in an amount not to exceed $37,179 from ITS Reserve Account #001-000-1-451.18 ($28,422.45) and Library Capital Account #001-711-5-670.02 ($8,756.55). Request authorization to contract "Janitorial Services" for the East and West Water Treatment Plants from R.E.S.P.E.C.T. of Florida, in the amount of $18,008.30 for the remainder of Budget Year 1996/97 In a memorandum to Carrie Parker Hill dated November 13, 1996, Lana Koester, Purchasing Agent, explains that R.E.S.P.E.C.T. is a service mark for the Florida Association of Rehabilitation Facilities, Inc., an organization that provides useful, 6 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 productive and gainful employment for the blind and other severely handicapped individuals. As per Florida State Statute, Chapter 287, Part 1, purchasing departments are exempt from the competitive bidding requirements when utilizing R.E.S.P.E.C.T. for commodities and services as provided. This group has been used by the City of West Palm Beach for several years, and they are, and have been, pleased with the services. They highly recommend, support and promote this program. Funds in the amount of $21,000 are available in #401-335-5-499.00. Approve transfer of Cemetery Lots 34A and 34B, Block N, Boynton Beach Memorial Park Donald M. Lanier, personal representative for Maurice W. and Myrtice M. Lanier, requests approval to transfer ownership of the above-described lots to Collice Carl Swilley and Versie O. Swilley. The transfer fee of $25 will be paid by C. C. Swilley and Versie O. Swilley. Approve transfer of Cemetery Lot 695B, Block O, Boynton Beach Memorial Park Richard Taylor (Son with Power of Attorney for Frances Taylor) requests approval to transfer ownership of the above-described lot to E. Lou Poumakis. The transfer fee of $25 will be paid by Klm Smiley. Approve purchase of TV grout components (replacements for Vehicle #148) from Cues, Inc., in the amount of $58,007 Utilities' Memorandum #96-361 from John Guidry to Dale Sugerman dated November 14, 1996, requests authorization for the replacement of TV/grout components from Cues, Inc., of Orlando, Florida. This company is the sole source for these replacement components. General Equipment Account #401-351-5-642.00 contains $60,000 to cover this replacement. O. Approve records disposition request for the Golf Course The State has approved Records Destruction Request #316. Approve Library's Long-Range Plan as a requirement for State Aid Program Virginia Farace's memorandum to Carrie Parker Hill dated November 6, 1996, explained that City Commission approval of the Long-Range Plan is a requirement for the State Aid Program. This Plan must be submitted by December 1. 7 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Consider request from United Way of Palm Beach County to put up "thermometers" at various locations within the City to keep residents informed about the progress of the campaign Chere Camus Broki, Director of Communications for the United Way, has requested approval to place two thermometers within the City of Boynton Beach. One thermometer will be at the southeast corner of Gateway Boulevard and Congress Avenue in front of Motorola. The second will be placed at the entrance to Quantum Park along Gateway Boulevard. The thermemeters will be in place for a period of three months beginning in late November and ending on February 28. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Taylor made 2. Mayor Taylor made 3. Mayor Taylor made 4. Tunes in Town Concerts (T.N.T.) - November 22, 1996, at Oceanfront Park - 5:00 to 8:00 p.m. - Showdown - 50s to 80s Music this announcement. 26th Annual Holiday Parade - Sunday, December 8, at 3:00 p.m. this announcement. City Commission Workshop on Development Strategies (Citywide and Martin Luther King, Jr. Blvd.) December 12, 1996 at 7:00 p.m., in the Library Program Room this announcement. 25th Annual Boynton/Delray HolidaY Boat Parade - Friday December 13, at 6:30 p.m. Mayor Taylor made this announcement. B. Presentations: 1. Certificates of Appreciation to volunteers for "National Make a Difference Day", Paint Your Heart Out presented by Wilfred Hawkins Mr. Hawkins reported that this event was held on Saturday, October 26. It was a County- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 wide project whereby many corporations, led by Barnett Bank, participated in painting different residents' houses across the County. Hundreds of volunteers were involved, along with the Painting Contractors' Association of Palm Beach County. Boynton Beach was one of the cities that participated. Many of the residents were lower-income, elderly citizens who would not have been able to paint their homes if it had not been for this effort. Octavia Sherrod, Community Redevelopment Program Specialist, coordinated the effort in this City. Mr. Hawkins and Ms. Sherrod recognized the City employees who donated their time to paint six houses in the City. (A list of the recipients of the Certificates of Appreciation is attached to the original copy of these minutes on file in the City Clerk's Office.) Mr. Hawkins also recognized Milton Russell of the Florida Association of Builders who painted the houses and made minor repairs to some of the homes. Proclamation - Dr. Martin Luther King, Jr. Day - January 20, 1997 - accepted by Myra Jones At the podium, Mayor Taylor read a Proclamation declaring January 20, 1997, as Martin Luther King, Jr. Day. He presented the Proclamation to Myra Jones. V. BIDS None XI. UNFINISHED BUSINESS B. Appointment of Interim City Manager Motion Vice Mayor Jaskiewicz moved to consider Dale Sugerman, who is the current Assistant City Manager, for this position. Commissioner Titcomb seconded the motion. Commissioner Titcomb questioned whether a super majority or simple majority vote will be required to rescind the appointment. Mayor Taylor responded that a simple majority vote will be required to rescind the appointment. Commissioner Titcomb also requested clarification of the status of Mr. Sugerman's contract service in regard to moving from Assistant City Manager to Interim City Manager. He questioned whether Mr. Sugerman would be covered under Civil Service. Attorney Cherof advised that this Resolution is written as an addition to his duties. He will remain the Director of Human Resources and Assistant City Manager. This wilI be an add- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 on to his responsibilities. He will maintain his Civil Service status as Director of Human Resources and Assistant City Manager. When he ceases to be Interim City Manager, he will revert back to those positions. Commissioner Titcomb asked if Mr. Sugerman's Interim City Manager duties would be contractual, while his Assistant City Manager and Human Resources duties would be Civil Service. Attorney Cherof advised that there is no contract contemplated for the interim services of the City Manager's position. Mr. Sugerman will move up and fill the void. Commissioner Titcomb pointed out that the compensation level contemplated to carry out all three roles is quite high. It is at the highest level of what was being advertised for the City Manager's position. Mayor Taylor said Mr. Sugerman is serving as the Assistant City Manager. When the different departments were combined, he took on the role of Human Resources Director. In addition, the City used to pay the City Attorney $15,000 to handle the union negotiations. Mr. Sugerman took on that responsibility with no increase in pay. Mr. Sugerman is also managing the ITS Department. Mayor Taylor advised that he spoke to Mr. Sugerman today about how he will be able to take on this interim responsibility. Mr. Sugerman said he currently spends approximately 50 hours per week handling his responsibilities. He will have to dedicate another 15 hours per week. He believes he possesses the qualifications to handle this responsibility. He was a city manager for a number of years and has the educational credentials required. Although Mayor Taylor feels the amount of money being requested is rather high, he realizes that part-time labor is more expensive than full-time labor. This will be a short- term job. Commissioner Titcomb pointed out that the Resolution also contains a provision on base salary once this contract expires. He questioned how this would relate to Mr. Sugerman's compensation package. Mayor Taylor advised that Mr. Sugerman's base salary is currently $70,019. Mr. Sugerman is ~equesting that his salary be increased to $78,000 when he returns to his regular duties. Vice Mayor Jaskiewicz expressed concern about this provision. She feels it might be more appropriate to negotiate this provision when the new City Manager takes over. Mr. Sugerman confirmed for Mayor Taylor that as Assistant City Manager, he is covered by Civil Service. l0 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Mayor Taylor inquired whether the new City Manager would be allowed to give Mr. Sugerman any amount or whether the City Manager would be limited by what Civil Service Regulations call for with regard to a percentage increase. Mr. Sugerman said he would be limited by Civil Service Regulations· The only way to change that number would be by action of the City Commission. However, in response to Vice Mayor Jaskiewicz' question, Mr. Sugerman said City Commission action could be taken at that time. Vice Mayor Jaskiewicz confirmed with Mr. Sugerman that the City is in the process of recruiting for an ITS Director. She asked Mr. Sugerman if his duties would be decreased sufficiently enough once that person comes on board to alter the salary structure. Mr. Sugerman stated he would continue to supervise the department. Commissioner Bradley has concerns about the salary package. He pointed out that the Commissioners were stuck on negotiations of a $91,000 salary with a new City Manager, but when this salary is multiplied out, it amounts to just under $95,000. He understands that Mr· Sugerman does a lot. He would like to believe that Mr. Sugerman can run the City Manager's Office on 20 hours a week, but knows it takes much more than that. He is not comfortable with the salary package. He feels it sends the wrong message and will set a precedent when the full-time City Manager is hired. In addition, if he is being remunerated for doing the interim job, it does not seem right to increase his regular salary. Commissioner Bradley feels Mr. Sugerman does a good job, but does not feel anyone filling in in this role deserves that kind of money. Commissioner Tillman feels this sets a very bad precedent· The Commission has been trying to hammer out differences to bring in a viable City Manager. If the Commission approves this Resolution, the Interim City Manager will get more than what a City Manager turned down. This sends a terrible message to our citizens. Commissioner Tillman feels this is one of the reasons why the citizens voted down the three-year Commission seats. A ;move like this is not above board. There are a number of reasons why he cannot support this Resolution: Number one is the salary. This salary is totally out of whack. He understands there should be compensation for the increased responsibilities. However, Mr· Sugerman would have to respond to all Commissioners, Commissioner Tillman said he has dealt with City Managers in the past. On one occurrence, Mr. Sugerman was supposed to be available for him, but he was out on the golf course playing golf with the Mayor. He is supposed to give all Commissioners equal time. He cannot support a man who would not give him full support. Each Commissioner is supposed to have equal opportunity to deal with whatever materials exist prior to a meeting. That did not happen. ]! MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 With regard to employees, Commissioner Tiilman received a number of calls from them today stating they were dismayed with this situation. We de not need to have a ruckus within the ranks at this time. He is totally against that. In honesty and fairness, Commissioner Tillman cannot support this Resolution. The salary is totally off. In addition, what is the increase in salary when he returns to his regular duties based on? Would that increase in salary be based on an increase in job performance? There is nothing in the Resolution which states that if Mr. Sugerman meets a particular performance standard he will get an increase. Commissioner Titcomb reminded the Commissioners of the difficulties trying to find a new City Manager. While we are looking for a new City Manager, the City needs to have someone take this role quickly. The only area of the contract he has a problem with is dealing with the issue of compensation after the fact and going back to the prior position. He feels that should be decided based on the situation at the time. Mayor Taylor realized the compensation after the fact is an issue for some of the Commissioners and asked Mr. Sugerman if he would be willing to compromise on that issue. Mayor Taylor advised that the problem area is the increase in salary of the position he would be going back to. Mr. Sugerman said he would compromise on that issue if the balance of the Resolution is acceptable to the balance of the Commission. Lee Wische, 1302 SW 18 Street, feels that Mr. Sugerman will only be the interim manager foe a period not to exceed six months. The amount he is looking for is probably not more than $10,000 or $15,000. The Commission has no problem giving a consultant $20,000 fo~ one week's work. Mr. Sugerman will be adding responsibilities for at least six months. Mr. Wische said this Commission was looked upon by the City as the "Dream Team". Something has happened lately and it disturbs him. He had a lot of faith and confidence that this Commission would move the City forward. COmmissioner Bradley pointed out that he is not concerned about whether or not Mr. sdgerman is worth the dollar amount. His concern is based on the fact that the Commission is now going well beyond the figure they discussed offering to the new City Manager. He feels this wilt set a precedent and we will end up paying the full-time person mbre based on that precedent. He does not feel this is right. Commissioner Bradley felt that going to $90,000 would be one thing, but this is setting a mark. He reminded Mayor Taylor that he was the one Commissioner who was not willing to go beyond $86,000 or $87,000. 12 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Mayor Taylor advised that the section on the salary increase upon Mr. Sugerman returning to his prior position will be negotiated at that time. Mayor Taylor confirmed for Commissioner Titcomb that Mr. Sugerman will be going back to the level he is at now as the worst case scenario. Mr. Sugerman requested that the Resolution not reflect that type of language, but should reflect the concept that the new City Manager consider these types of terms and conditions. The vote was polled. The motion carried 3-2. Vice Mayor Jaskiewicz clarified that she was voting in support of the Resolution with the exception of Section 4 which will be subject to discussion at the time the new City Manager is appointed. (Commissioners Bradley and Tillman dissented.) VI. PUBLIC HEARING: Attorney Cherof advised that there are some amended rules from the Legisture with respect to quasi-judicial issues. The applicants or their representatives (other than the attorney) must be sworn. Staff also must be sworn. The public and the City Commissioners do not have to be sworn, He administered the oath to the applicants and staff. Agent: Owner: Location: Description: Project: East Ridge PUD POSTPONED A T OCTOBER 15, 1996 CITY COMMISSION MEETING W. Keith Grant, John A. Grant, Jr., Inc. Gary DeGraf, Inc. East side of the intersection of NE 4 Street and NE 20 Avenue REZONING: Request for master plan approval for 33 single- family units in connection with a rezoning of 5.01 acres from R- 3 to PUD (Planned Unit Development) with a Land Use Intensity of 7.00. David Holzman, PE with the firm of John A. Grant, Jr. Inc., represented Gary DeGraf. The Planning and Development Board unanimously approved this project with a large number of conditions. Of the 25 comments, the applicant objects to only one (Comment #16) which requires providing guest parking. This issue was raised last week. The applicant has researched the Code which deals with the required number of parking spaces for a single-family development. (The research is attached to the original set of these minutes on file in the City Clerk's Office.) The standard for a PUD requires no less than two spaces per dwelling. The applicant has provided two spaces per dwelling. There is nothing in the Code that t3 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 requires more than two parking spaces per dwelling unit. Mr. Holtzman also pointed out that other similar developments in the City were not required to provide guest spaces except where there are recreation facilities. No recreation facilities are provided in thfs development. The applicant has paid the full recreation fee. Therefore, the applicant requested that this item be deleted. The applicant has no objection to any of the remaining comments. Tambri Heyden, Director of Planning and Zoning, advised that this is a rezoning from R-3 to PUD. The surrounding properties are R-3 to the north and south, C-2 to the northeast, and R-I-A to the northwest. There is a mixture of multi-family, commercial and single- family zoning. Staff supports the rezoning. The rezoning was recommended for approval by the Planning and Development Board with a 7-0 vote. They recommended approval of all staff comments with the rewording of Comment #21 to provide clarification of the hedge height in the buffer along the railroad tracks. This rezoning is recommended for approval because the density proposed is consistent with the Comprehensive Plan and there is no change in the land use. This project is somewhat unique because while the unit and the land under the unit will be conveyed fee simple, the property around the unit is owned in common by a property owners' association. Those documents have been submitted. All of the property will be maintained by one entity. With respect to the guest parking spaces, staff does not dispute that the parking provided meets zoning requirements. However, the Building Department recommends guest spaces because these are small lots with narrow roads and shallow driveways. Because most people have two cars, one car winds up parked on the street which makes it difficult for service and emergency vehicles to use the road. The condition relative to guest parking spaces is a recommendation. in !response to Commissioner Bradley's question, Ms. Heyden advised that the streets are private and part of the master common area. The pavement meets Code. Brenda Williams, 337 NE 24 Avenue, said this project will be in her neighborhood. She feels this project will impact traffic and cause congestion. She also feels that these homes arb too close together. Danny O'Brien, representinq the VFW Post 5335, said the VFW property is adjacent to, and north of the subject property. Their property is 184'. They carry on a quasi- commercial operation at this location. The VFW is approximately 20' from the north property line of the proposed project. On the south property tine, the VFW has a parking Ioti a dumpster, a barbeque pit, and a storage shed. On the south side of the building, i4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 there is a kitchen utensil washing area which is outside the building. There are security lights around the property. The VFW would like the Commission to address the screening between the two properties because the VFW has functions every Sunday morning, every Wednesday evening, on bingo nights and on meeting nights (two to four meetings a month). The VFW anticipates problems in the future when the residents settle in because they will want the security lights turned off, the dumpster moved, and the outdoor activities eliminated. Mr. O'Brien confirmed for Mayor Taylor that he is a trustee at the VFW and was asked to represent the VFW at this meeting. Ms. Heyden advised that the applicant is proposing a 21/2' wide landscape strip which will contain a hedge that will be 36" high at the time of planting. Our Code allows the hedge to grow only to 6'. Commissioner Tillman questioned whether this buffer will include a hedge and a wall, or only a hedge. Ms. Heyden advised that only a hedge is included. At this point, Attorney Cherof advised that the proposed LDRs talk about hedges that are adjacent to railroad tracks being allowed to grow to 8'. City Manager Parker Hill arrived for the meeting and replaced Mr. Sugerman at the dais. Mr. Holtzman advised that the applicant would not have a problem stipulating that the hedge be maintained at 6'. Mayor Taylor explained that he shares the concerns mentioned by Mr. O'Brien. The people who buy these homes will be looking out their back windows at the activities on the VFW property. Mayor Taylor was of the opinion that a very thick 6' hedge might'provide the proper buffering, but suggested the addition of fencing. Commissioner Tillman suggested the construction of a wall to protect the residents from the sights and sounds on the VFW property. Vice Mayor Jaskiewicz reminded the Commissioners that walls promote graffiti whereas "Iiving" walls do not. In response to Commissioner Bradley's question, Mr. O'Brien said the dumpster is located in the southwest corner of the VFW property. It is east of the shed and 8' to 10' north of the south property line. Mayor Taylor said the VFW has frequent cookouts at their facility, There will be complaints from these residents about the smoke. He does not feel a hedge will adequately buffer these homes. t5 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 After looking at the plan, Mr. Holtzman advised that a 6' high chain link fence is proposed. Mayor Taylor said he could support a 6' high slatted fence with a hedge. Vice Mayor Jaskiewicz advised that there are now precast cement walls available which are probably not more cost prohibitive than a slatted chain link fence. This type of wall was used at SW 23rd Avenue. She requested that the applicant consider this type of wall rather than a fence. Mr. Holtzman expressed concern about the cost, and said he would investigate. Mr. Holtzman felt that the residents who purchase the homes near the VFW might be willing to contribute to the cost of slatting the fence. Gary DuGraf, representing the developer, said this is the type of situation that evolves when residential abuts commercial property. Vice Mayor Jaskiewicz feels a thick Ficus hedge would be the most attractive concept. Mr. Holtzman asked if the developer could agree to a slatted fence with a 6' high Ficus hedge as a minimum. They will investigate to see if they can come up with something better or equal. Mayor Taylor advised that this issue will be resolved by the Commission making the decision and adding it as a condition. The suggestion made by Vice Mayor Jaskiewicz is something worth investigating. That type of wall was inexpensive and it looks like a concrete wall. Terry Gallaqher, 500 Federal Hi.qhwa¥, is concerned about traffic and asked the Commissioners to address that issue. Ms. Heyden advised that this project submitted a traffic impact statement, and it meets our levels of service. Mr. Holtzman advised that this parcel is designed to accommodate an even heavier level of development and more vehicles. With regard to traffic, Mayor Taylor advised that the roadway project on Gateway Boulevard should get underway by the early part of the new year. The money has been allocated and a decision is being made about who will oversee the project. There will be a turning lane provided in the middle of the road, and there will be sidewalks on both sides of the road and landscaping. With respect to guest parking, Mr. Holtzman said other developers have not been asked to construct those spaces. In addition, this developer has adhered to every aspect of the Code. Mr. DuGraf questions why the City cannot adhere to its own Code. Ms. Heyden explained that with age and the drying effects of the sun, plastic slatting becomes brittle and the fence becomes aesthetically unpleasing. In addition, the wind tends to topple the fence. Therefore, whenever possible, staff discourages slatting of MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 fencing. The applicant agreed to look into the construction of the prefab wall and plant a hedge that will be maintained at 6'. Commissioner Titcomb pointed out that if the Commission wants a wall added, it must add that as a condition of approval on this project in order to have the project move forward. Even the wall will not help entirely in this situation. Vice Mayor Jaskiewicz felt it might be possible to ask the adjacent property owner to cooperate by moving the dumpster as far away from this project as possible and add screening. However, Commissioner Tillman had a problem with this suggestion. He feels that if a wall is desired, the Commission must make that a condition of approval tonight. Mayor Taylor agreed that it would not be appropriate to require the VFW to change anything at this point. The Commission needs to deal with the proposed project. City Manager Parker Hill pointed out that there are some maintenance problems with the prefab walls. Grass and vines are beginning to grow between the slats. Because of the location of the wall, it will be necessary to hand clip the growth between those slats. She recommended that the Commission require a regular wall if they desire a wall. Mr. DuGraff stated the developer would not have any problem with the VFW erecting a wall. He said the developer has no use for it. If the Commission requires it, the developer would have to build this wall several hundred feet long. it is his opinion that the VFW should build the wall since it is their activities which are injurious. Commissioner Tillman feels the developer should be attempting to protect the interests of the people he plans to sell these units to. A wall with a hedge would be more attractive and would eliminate the negative problems for the future. He feels the developer should be more amenable to doing something that would be favorable to the City. He supports the developer putting in the wall for the protection of future residents. M~. Holtzman questioned the reasons why a 6' high fence with a thick Ficus hedge would no~ be sufficient buffering. Mr. DuGraf pointed out that the distance between the buildings is the minimum distance (15') required in R-1 zoning. Greq Blanchard, 160 Oranqe Drive, said Ficus hedges cause cracks to the slabs and endanger piping. MOtion COmmissioner Titcomb moved to approve the East Ridge PUD project rezoning subject to all!staff comments including Planning and Development Board conditions, and with the l? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 additional condition that the developer construct a permanent wall along the north boundary to protect the property owners to the north. Commissioner Tillman seconded the motion. Attorney Cherof requested that the motion be more specific with regard to the dimensions of the wall. Ms. Heyden advised that 6' high is a standard wall height. In addition, Ms. Heyden requested clarification on whether the wall should be precast or CBS. Commissioner Titcomb did not know whether he had the expertise to specify the type of wail, and suggested that that be worked out with staff. He amended his motion to delete Comment #16 from staff comments. The wall will be constructed along the entire north property boundary. The motion carried unanimously. Ms. Heyden reminded the Commissioners that there is a 10' utility easement. There may be a small problem created by the footer for the wall. Staff will work with the applicant. Agent: Owner: Location: Description: Project: Boynton Commons PCD POSTPONED AT OCTOBER 15, 1996 CITY COMMISSION MEETING Land Design South Bill Ray Winchester and Elsie A. Winchester Southwest corner of Old Boynton Road and Congress Avenue PARKING LOT VARIANCE - Request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.5 - Clearance at major driveways to reduce the required distance of the interior access aisle to the driveway on Old Boynton Road from 100 feet to 65 feet. Mayor Taylor advised that this item will be continued to the December 3 meeting. Ms. Heyden advised that a TRC meeting was held with the applicant today, and the applicant and staff have worked out the dumpster issue. The parking lot variance is now being withdrawn. Project: Agent: Owner: Location: Description: Bellsouth Mobility Kilday & Associates, Inc. Nortech Warehouses, Inc. 1314 Neptune Drive CONDITIONAL USE APPROVAL - Request to construct a 125 foot high monopole communication tower and conversion of approximately 360 square feet of an existing warehouse to an equipment room. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Jill Jarkesy, representinq Bellsouth Mobility, advised that this application has a history. The petitioner has had this lease with Nortech Industries for almost a year. In March of this year, an application was submitted to the City by Kilday and Associates. The application was sent to the City Manager's Office for review. The application was placed on the City Commission agenda, but then removed from the agenda to allow an opportunity to look at relocating this site to a City-owned site. The applicant met with the City, and found that the only site which was close enough was a County-owned site to the north of this site. The engineers for Bellsouth determined that site was too far to the north. During this time, the City adopted a new Ordinance. Ms. Jarkesy worked on the drafting of that Ordinance. Industrial zoned properties were put back into the Ordinance and this application was submitted. The site in question is industrial zoned, and surrounded on all sides by industrial zoned properties. The applicant agrees with all conditions of approval. There was one letter of opposition which was submitted at the Planning and Development BOard from Mr. William Koch, the property manager for the property to the west. This is a vacant piece of property. Mr. Koch's concerns involve the fact that when he develops in the future, his insurance costs would be more because of the location of this monopole. In addition, he was concerned about the reliability of the structure. Ms. Jarkesy spoke with Mr. Koch and submitted documentation relative to the reliability of the structure. None of these structures have ever fallen. They have withstood hurricanes and earthquakes. Ms. Heyden advised that this request requires conditional use approval. Staff recommends approval. The Planning and Development Board recommends approval and added a new Comment #4 requiring that in the future, in the event it is no longer used, the applicant agrees to remove it. The applicant has agreed to this condition. Jonathan Dwork, 154 Oranqe Drive, questioned whether the property owners were notified that this pole was being constructed. Ms. Heyden advised that as a conditional use approval requirement, all property owners within 400' were notified. Public Notice signs may have been put up, but they are not required. M(. Dwork said he has a pole within 400' of his property and he was never notified that it was going in. The pole is on City property. Gre.q Blanchard, 160 Oranqe Drive, asked if the owner of the tower is liable for any damage if the tower fails down. Ms. Jarkesy advised that the owner of the tower is liable for any such damage. Bellsouth MObility maintains a $3 million liability insurance on this structure. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Vice Mayor Jaskiewicz said she is very disappointed with this because she did not want the Ordinance to include M-1 Industrial Districts. She felt these structures should be on City property or on South Tech property so that we would have realized revenue from these structures. Mayor Taylor explained that if they had moved it, they would have required two towers. Motion Commissioner Titcomb moved to approve Agenda Item Vi-C - Conditional Use Approval for the Bellsouth Mobility pole subject to all staff comments. Commissioner Bradley seconded the motion which carried 4-1. (Vice Mayor Jaskiewicz dissented.) Ms. Jarkesy advised that Bellsouth entered into a lease with the City last year, and looks forward to doing business with the City again in the future. D. Project: Agent: Owner; Location: Description: lTV Tower Agustin A. Hernandez, The School District of Palm Beach County Palm Beach County School Board 505 South Congress Avenue CONDITIONAL USE APPROVAL - Request for conditional use approval to co-locate private telecommunication equipment/antenna on an existing School Board telecommunication tower. A.qustin Hernandez, Planner for The School Board of Palm Beach County, made the presentation. He advised that a sign was placed outside the lTV site. People were misled to believe that a new tower was being constructed. That is not the case. The plan is to attach an antenna to an existing tower. With regard to the conditions, Mr. Hemandez reviewed them as follows: Item #2 No trees will be relocated because of the attachment of the antenna. Item #3 This condition has been revised to new Condition #9. A graphic was modified to fulfill the conditions of the requirement. They have included vegetative materials that will grow tail enough to be maintained at the 6' to 8' height. Item #4 The applicant agrees fully with this condition relative to the buffering along Congress Avenue. Using a graphic, Mr. Hernandez showed the landscaping as it will appear. The material will be installed within 30 20 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 to 60 days. Some of the landscaping has already been done. Instead of putting in a straight row hedge between the Palms, they would like to follow the same landscape theme which is native vegetative material. They will offer a multiple canopy layer which will provide a dense buffer and be more aesthetically pleasing than straight hedge material from Palm tree to Palm tree. Item #5 The applicant agrees with this comment. Item #6 This condition was revised to new Condition #10. Mr. Hernandez provided documentation to show the valuation of the dish today. That dish has no value today. In addition, a cost proposal to remove the dish was provided. This documentation was signed and accepted by a representative for Sprint. Mr. Hernandez said we are under contract, pending approval tonight, to remove the dish and chain link fencing. Item #7 This is the only condition Mr. Hernandez would like amended. He would like the following phrase added: "Within 90 days of today's approval, we will fulfill one of those options." Mr. Hernandez said the School Board is currently constructing a new sites equipment location in Palm Beach County just south of Southern Boulevard. In checking with the Project Manager today, he learned that the drainage is in place, the shellrock is being leveled, and modifications to the structure are ongoing. It is hoped that the operation can be moved into this location by the end of December; however, because of the holiday season, he would like extra time. In response to Vice Mayor Jaskiewicz' question, Mr. Hernandez advised that the portable buildings will not be removed. There are two groups there now. The school sites group will be relocated. The maintenance group will remain at that location. The proposed landscape buffering will shield this area from view. Item #8 Mr. Hernandez displayed a cleaned-up version of the lTV equipment sites. They have tried to eliminate all material storage from outside. There will only be portables on site which serve as offices for the maintenance group. He submitted a copy of the site plan for the record. Mr. Hernandez felt all requirements were fulfilled by the applicant. He feels this site will be very attractive and will be the catalyst for moving forward with Sprint Spectrum as a business partner. Mr. Hernandez advised that Steve Hoffman was present to offer information on the tower and mast. 2! MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Vice Mayor Jaskiewicz was hopeful that Mr. Hernandez' proposal contained a definite timetable. She showed a file she has with regard to correspondence on this particular property. Congress Avenue is one of the finest roads in this City, and this site is a constant source of complaints. Vice Mayor Jaskiewicz has been promised for 18 months that this property would be taken care of. She pointed out that when the antennae originally went up, they should have been placed further back. The cables are right up to the sidewalk, and she is very concerned about the safety hazard they could cause. Vice Mayor Jaskiewicz said she would only consider this approval as long as this property is cleaned up. She would not consider anything that would make this property any more unsightly than it presently is. Ms. Heyden advised that the Planning and Development Board recommended this for approval with a 4-3 vote. There were a few comments that were reworded. Ms. Heyden had no additional comments to make. Stan Dubb~ resident of Estates of Silverlake, and chairman of the Planninq and Development Board, complimented Mr. Hernandez for furnishing everything the board asked for. Although the School Board cannot post a bond, Sprint can. Since they want the antenna, they should post a bond which can be enforced by the City if the work the SChool Board promises to do is not done within 90 days. Maurice Rosenstock, One Villa Lane, is a member of the Planning and Development BOard. He asked Attorney Cherof if it is possible to get a bond posted to ensure completion of the project in accordance with the rules, Ordinances and Codes set forth by the City. Attorney Cherof explained that when a developer posts a bond for subdivision improvements that will be turned over to the City, the City has the power to go onto the property to complete the construction er improvements using the money that is forfeited. The City would not have that advantage in this situation. We would have the money, but the School Board would preclude us from going onto the property to do the work. Mr. Rosenstock said he does not trust anybody with regard to this project. He feels there should be a condition preceding the installation of the antenna. He suggests having them remove the dish and provide the landscaping prior to giving approval for the antenna. Mr. Rosenstock also questioned what will happen in the future if someone wants to develop the property on the sides or to the rear of this project. He feels the City should make them Prove that they will do what they say they want to do by having them deposit money with the City to cover the cost of landscaping and removing the satellite dish. Mr. Rosenstock also recommended that the Ordinance be forceful enough so that within 30 days of the use ceasing, it must be taken down at the expense of the owner. He further 22 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 suggested that the number of antennae to be erected within the City limits be limited. Jonathan Dwork, 154 Oran.qe Drive, said he has a pole in his backyard. Through City Ordinances, we have spent millions of dollars burying our power sources and telephone cables. He suggested that we change our name from Boynton to "tons of poles". He feels these poles are becoming our landscape. Mr. Dwork does not think any more projects need to be put through. They need to be stopped now. Mr. Hernandez stated that the applicant feels this will be of benefit to the City because they are advocating co-location which eliminates another pole. With regard to the issue of a bond, Mr. Hernandez said there is no excuse for the lack of housekeeping on the part of the School Board. He is hopeful that this project will be the catalyst that addresses the deficiencies from the past. The dollars received from the revenues of this lease go to the school centers. In this case, more instructional television enhancements will be done. There are two assurances of performance from the School Board. It is difficult for the City to request a bond when there is a jurisdictional issue of site enforced at this location. In the lease arrangement with the business partners, the School Board requests a performance bond. If the partnership breaks down and Sprint walks away, The School Board has the bond to rely on to fulfill the landscaping. In addition, Mr. Hernandez stated that on behalf of the School Board, he has agreed to the conditions. This enables Code Enforcement to cite the School Board. In response to Vice Mayor Jaskiewicz' question, Mr. Hernandez said the School Board would like one amendment to Comment #7 to allow 90 days from today's approval to move the sites group to the new location on Southern Boulevard. If that relocation is not completed, the School Board will put in the slatted fence. Mayor Taylor pointed out that the contract Mr. Hernandez provided regarding the removal of the antenna this evening has no dates or times on it. Only the cost is stated. The second sheet Mr. Hernandez provided mentions the fact that the center cone may contain hazardous substances and may have to be disposed of separately. Item #4 of that letter says no hazardous waste removal/disposal or testing will be done; however, testing is highly recommended. Mayor Taylor is concerned about this issue which has not been addressed. Mayor Taylor further pointed out that if this request is approved this evening, he would want a stipulation included in the motion so that when this antenna is no longer in use, it must be removed by the applicant within 30 days. In addition, Mayor Taylor explained that actions speak louder than words. The City has 23 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 been listening to words for 11/2 years now. While he feels Mr. Hernandez means what he says, to date everything that was promised has not been done. When he sees action, he will approve an antenna at this location. Until then, he will not approve the antenna. Mr. Hernandez explained that he is in agreement with the condition which requires removal of the dish prior to the attachment of the antenna. Mayor Taylor feels the issue of possible hazardous substances must musl"be addressed. Mayor Taylor wants the materials removed now prior to the erection of the antenna. If 90 days are required, that is fine, but the antenna cannot go up until the removal is completed. Vice Mayor Jaskiewicz confirmed that Comments 6 and 7 would remain as written. Mr. Hernandez explained that the relocation of the sites group is an ongoing project. By waiting 90 days, it could jeopardize the deal between Sprint and the school district. Mayor Taylor explained that he has borne burden of this site for 11/2 years waiting for the School Board to act. The School Board now wants something the City can give, but they need to deliver on their promises. Mr. Hernandez advised that if Sprint walks away from this deal, the School Board does not have the money to make the improvements. Mayor Taylor reminded Mr. Hernandez that the School Board promised to clean up this site long before this Sprint deal. They need to live up to the promise they made. Attorney Cherof reminded the Commissioners that the City has adopted a moratorium on the processing of telecommunication towers other than those that were already in the process. If Sprint backs out of this deal and looks for another site, the moratorium is in effect in Boynton Beach until the latter part of January. Mr. Hernandez requested that Comment #7 be modified to 60 days. Mr. Rosenstock said that during the Planning and Development Board meeting, he asked Mr. Hernandez how long this has been in contemplation, and the answer was four months. He pointed out that he could go out today and buy enough Ficus bushes to cover 500 feet of planting and have them delivered tomorrow morning. Within 24 hours, a crew could begin planting. That would be an act of good faith. If they can show good faith by doing the landscaping immediately and agree to the other terms, there is room for negotiation. The attorney for Sprint Spectrum offered to do the landscaping immediately, and agreed to pay for the removal of the satellite dish prior to installing the antenna. Sprint is providing a lot of benefit for this site. If Sprint tries to look for another site in Boynton Beach, they 24 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 would be subject to the moratorium. However, there are other sites in Palm Beach County they could move to. They need to start immediately. They cannot afford to wait 90 days for this site. They will start immediately (within one week) with the landscaping and satellite dish removal. Commissioner Bradley advised that this is an issue he has been involved with since he took office. He is inclined not to punish the applicant and would like to believe they will do what they say they will do. He feels they are ready to do the right thing. Motion Vice Mayor Jaskiewicz moved to approve, but on Comment #7 she wants the following verbiage removed: ';.,or screen the area with a slatted, 6 foot high chain link fence'; and add within 60 days on Comment #7. On Comment #6, the non-operating satellite dish at the front of the station along Congress Avenue shall be removed immediately along with the establishment of the landscaping. An additional City Commission condition will be Comment #11 to read as follows: Antenna must be removed within 30 days if not in use bythe applicant. Commissioner Tillman seconded the motion. Commissioner Titcomb questioned whether the City has any recourse other than to stop construction if they do not follow what is specified. Attorney Cherof advised that the approval will be revoked if they do not comply with the conditions. Vice Mayor Jaskiewicz pointed out that Comment #6 includes the removal of the dish and installation of the plantings. Mayor Taylor clarified that on Comment #7, they are getting 60 days; therefore, Vice Mayor JaSkiewicz has eliminated the phrase "prior to erecting the antenna". The motion carried unanimously. MAYOR TAYLOR DECLARED A TEN-MINUTE RECESS. THE MEETING RESUMED AT 9:15 P.M. VII. PUBLIC AUDIENCE: Jonathan Dwork, 154 Oranqe Drive, said a pole grew in his backyard without his knowledge. The City of Boynton Beach exempted itself from notifying the public of this project. Private developers and the County need to notify people. He said nothing the Commission does makes sense, and the City has been a poor neighbor. The water tower is cracking. It has taken 10 years to get Miner Road. He suggests taking down the Sprint tower and notifying the people prior to erecting another tower. He also suggests putting allof the money that the City is earning from the towers in a fund to get rid of tlowers. He 25 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 feels he was done a great disservice. Maretha Madeus, 418 NW 4 Avenue, realizes that the City will be going through the process again of selecting names for the position of City Manager. She urged the Commissioners to stop having dual standards. During the hiring of the Police Chief, when the first choice declined, the City went back into the pool to find the next person. Police Chief Gage was not even the City's third choice. We now have an ineffective Chief who has no backbone to stand up against the status quo of the good old boys. African- Americans within the Department are still being harrassed, and he is insensitive to the problems of African-Americans. Chief Gage is a pawn, and is manipulated by the good old boys. We must begin working together. She suggested that the Commission look at the person's credentials rather than the color of his skin. She also recommended that they not select someone based on their preferences, but instead, based on what is best for the City. Mayor Taylor explained that the City Commission did not hire the Police Chief. In addition, the community was involved in interviewing the candidates and making the selection. Mrs. Madeus said Police Chief Gage was fourth on the list. Mayor Taylor agreed, but reminded her that the community let up the standards. The Commission did not. In Mrs. Madeus' opinion, it was a bad choice. She feels the Commission is not capable of making a good choice. She recommends that someone help the Commission choose the right people. Greg Blanchard, 160 Oranqe Drive, is appalled that a private corporation has been allowed to put up another pole without asking or notifying anyone. The Commission has allowed this eyesore to deface his home. If the City was willing to pay for it, Mr. Blanchard would hire an appraiser so that he could determine how much the value of his home and those in his neighborhood have decreased by having this tower so close to his property. Mr. Blanchard asked the City Attorney if this would be a violation of a law if a private citizen did this same thing. His neighborhood already has a problem because the board put in speed bumps without notifying the City and getting a permit. Private citizens are faced with thousands of dollars in fines for ignoring the City's laws, but the City can ignore its own laws without consequence. Mr. Blanchard would like to have heard an apology. He would also like Sprint to take down the tower and start again after notifying the people who own homes in the area. Eddie Mitchell, 329 NE 12 Avenue, reminded the Commissioners that the U. S. COnstitution was nothing more than a bundle of compromises, but had it not been for those compromises, where would America be today? No where in America do we find that people are practicing a super majority. They practice the majority wins and the minority loses. He asked the City to reconsider the Ordinance that was passed requiring a super majority vote to hire or fire a City Manager. The people would like the majority vote to return to the City of Boynton Beach. This City is reverting back to becoming the laughing MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 stock of Palm Beach County. Rhoddie Dwork, 154 Orange Drive, has a courtyard house where half of the house is exposed to the center of the yard. From every room in the house, the Sprint tower is obvious. This reminds her of being under communist rule and living in a concentration camp. She does not know what medical problems might result from having this tower or what implications are involved. However, her $200,000 house has decreased in value and she fears for her health. She feels the City could have found a different place for this tower, it is next to a water tower and she feels it could have been put on that water tower. She would like the Commission to do something about it. Mayor Taylor explained that the Commission had no prior knowledge of this issue. It is the citizens' job to bring this information to the Commission. It is then the Commission's job to look into the situation. Mayor Taylor does not know if the City put up the tower without notification. That allegation will have to be checked out. Mention was made of cracks in the water tower. That allegation will have to be investigated. With regard to the issue of health problems, Mayor Taylor said the Federal Government has done exhaustive tests and there is no proof there is any health risk. The Commission will look into the issues that have been raised this evening and will address these issues at the next meeting. Attorney Cherof reminded the Commissioners of the moratorium that has been adopted with respect to these towers. This moratorium allows time for a study period to see what the City can do in response to Federal legislation which permits these towers to be anywhere. In late January, the Commission will look at a new Ordinance. There will be first and second readings addressing these issues. Members of the public should follow the agendas and come to the meetings to offer their input. Mayor Taylor advised that none of the Commissioners are in favor of all of these towers, but the Federal government has ordered the cities to allow them. The City is trying to figure out a way to comply so as to avoid being sued by these organizations that are backed up by the Federal government. Myra Jones, 311 NW 4 Avenue, has been an involved citizen since 1969. For the last two years, she has been concerned that For the past few years, Mr. Sugerman has taken on many responsibilities, and as of this evening, he is taking on additional responsibilities. A good leader delegates responsibilities. The people he is surrounded by are qualified pe!ople. Overworked people are ineffective and inefficient. This City is too large for one person to be continuously taking on additional responsibilities. Mr. Sugerman is a high risk. If he were to die tomorrow, where would that leave all of these City departments? She wonders how much he can give to the City if he is working 70 hours a week. Vice Mayor Jaskiewicz is hoping that if the Assistant to the City Manager's duties are increased, he will also get a proportionate increase. She hopes some of the work will be 27 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 delegated to Mr. Hawkins. Maurice Rosenstock, One Villa Lane, disagreed with Mr. Mitchell's remarks about a super majority. He pointed out that the recent election had an amendment on the baltot requiring a % majority. That amendment passed. When the Ordinance requiring a super majority was promulgated, it was done so because this is known as a strong City Manager type of government. The City Commission sets policy and the City Manager carries out the policy. If the City Commission and City Manager do not have a feeling of mutuality, there could be chaos. It is important to have someone in the position of City Manager who can understand and work with the City Commissioners. VIII. DEVELOPMENT PLANS: AA. Discussion on Fast-Tracking DRI Use Approval Mr. Willard announced that Quantum Associates has entered into a sales contract with BGI for 23 acres from north of Gateway and east of Quantum Boulevard. BGI has been in ongoing negotiations with the County and State for development incentives. They are proposing to build a 250,000 square foot manufacturing and office facility which would emptoy between 250 and 300 people at first, and then move that figure up to 400 people. This is a significant project, and they are anxious to pursue the necessary City approvals as well as consumate their negotiations with Palm Beach County and the State. They would like to close by the end of the year. They are currently in an inspection and due diligence period. Two specific items for the Commission's attention are the necessity for a DRI amendment to modify the label on the DRI Master Site Development Plan from office to Office/Industrial. This is similar to what was done for a Catalfumo and Tambone development when the Motorola office was constructed. For these eight lots, an abbreviated amendment to the DRI has been filed that will change the land use designation. The other approval that is typically processed is a PID use approval. This is a letter preposal to the City which goes before the Planning and Development Board and the City Commission. This letter proposal will be filed within the next two days. Mr. Willard would like the PID use approval to go before the Planning and Development Board in December. They do not believe public notice is required because of the minor nature of the change. Mr. Willard believes the City Commission will be able to address the PID use change and the DRI amendment at its meeting on December 17. The due diligence period expires on December 20. If there are no problems, the sale can be closed by the end of the year. Ms. Heyden advised that she has always been a proponent of keeping this a manufacturing park. She is very excited about this news and she will work very hard to expedite this project. She is uncomfortable tying staff's hands on a deadline for this application since she has not seen an application yet. She asked the Commissioners to MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 rely on staff and the City Manager's Office to work out a schedule. City Manager Parker Hill reported that staff has had several meetings with the BGI staff and their architects. She was unclear as to why Mr. Willard was making this announcement this evening because she understood there were other State and County items that had to be settled before this announcement was made. She is hoping that this announcement is not premature. They are aware of what needs to be done with this use approval. Staff is willing to work with them, and they are aware of that also. Staff has been working with their budget manager and Catalfuomo. Mr. Willard was not part of those meetings. Mr. Willard advised that he was aware of the meetings. At 1:00 p.m, today, he was instructed and authorized to make this announcement by the attorneys for BGI and his client, Quantum Associates. The contract has been signed. This is not a done deal. There is a due diligence and inspection period which will expire December 20. They are still negotiating and processing matters with the County and State. They will make a determination on December 20 as to whether or not to proceed with closing. In order to accommodate all other deadlines, Mr. Willard was requested to bring this to the Commission's attention tonight. Mayor Taylor reported that when staff made the presentation to BGI, we said we would do everything possible to process this expeditiously. He is certain staff will do everything pc~ssible, and there should be no problem if everything is in place. The City's position has not changed. We will move as fast as we can with the process. Vice Mayor Jaskiewicz congratulated Mayor Taylor, City Manager Parker Hill, Ms. Heyden and other staff members for all of the efforts they put into bringing this company to our City. The presentations were exemplary. Mayor Taylor reported that we received incredible praise for our staff and that is what turned the deal. Project: CarMax at Quantum Park PID Agent: James G. Willard Owner: Quantum Associates, Inc. Location: Lots 77, 78, 79, and 80 - Quantum Park, High Ridge Road Description:SITE PLAN - Request for site plan approval to construct a 53,072 square foot auto sales facility on 13,678 acres in Quantum Corporate Park James Willard advised that both of the Quantum Park items have had extensive review at the Planning and Development Board meeting. Mr. Willard said he would limit his remarks to the requested changes from the revised staff comments that incorporate the Planning and Development Board conditions of approval. Mr. Willard referred to Exhibit "C" of the back-up material. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Item 50 - This comment deals with clarification of a comment from staff about the visibility of rooftop equipment (air conditioner units). The Code says to show sight lines for eye level for a distance of 600' from the building. This item was discussed at the Planning and Development Board meeting. The applicant does not believe that this requirement is relevant in this instance. This property has frontage on High Ridge Road. Six hundred feet to the east is on the other side of 1-95 and still in the right-of-way. This building wiII not be visible from the residences. To the north is undeveloped property within Quantum Park. To the south is another undeveloped lot, and 600' to the west is on the other side of High Ridge which contains a substantial amount of landscaping. Ms. Heyden advised that the discussion at the Planning and Development Board involved eliminating the screening from 1-951 They did not recommend waiving any screening from any other direction points. Ms. Heyden does not feel waiving the screening in any other direction is justified. Item #67 - This comment suggests a third access to the property be provided, The applicant agrees a third access is appropriate and it has been designed into the revised site plan. Fire Department and Public Works wanted an exit only driveway for fire trucks and large trash trucks because they were not comfortable with the two turning radii to the public driveways. The applicant has designed an exit-only accessway from the property onto High Ridge Road to accommodate that concern. Under the Code, a variance would be required for this driveway. However, because it is an exit-only, Mr. Willard does not believe it is an accessway and, therefore, does not feel a variance is needed. He requests that this exit-only driveway be approved as part of the site plan. Item #69 - This comment deals with a CarMax monument sign at the southwest corner of the CarMax site. The size proposed is approximately 52'. The applicant is requesting approvat of this size sign. The Code allows 64'. in response to Mayor Taylor's question, Mr. Willard said this will be a monument sign containing the CarMax logo. Ms. Heyden explained that regarding the access, a discussion was held with the Development Department. The Development Department and Planning and Zoning believe this accessway requires a parking lot variance. 30 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 With regard to Comment #69, Ms. Heyden explained that the purpose of signage is to let people know where the entrance is located. The traffic that will be travelling down High Ridge Road off Gateway Boulevard will have seen the entire parking lot and the signage on 1-95 and the intersection of Gateway and High Ridge Road. This sign is more than double the size of the other monument signs in place now. Mr. Willard said this is the only freestanding sign that would be on the site. The applicant is proposing a 52 square foot sign. The Code allows 64 square feet. The applicant does not believe it is excessive to request a 52 square foot project sign at this location. Ms. Heyden advised that in addition to CarMax signs on the CarMax property, there is a request for a 75' tall sign. Mr. Willard disagreed and stated that request was changed to 60' tall per Planning and Development Board recommendations. Ms. Heyden said the proposal was for a 75' tall pylon sign that would advertise Quantum Park, CarMax and two other users. The Planning and Development Board recommends taking the elevation of that sign from the top of the ramp (35' tall) and allow freestanding signs to be 20' (25' with a Board of Zoning Appeals variance). Measuring that sign from the top of the ramp, it would yield 55' signs (60' with a variance). Besides the CarMax sign proposed now, there are three other CarMax signs. Mayor Taylor confirmed with Ms. Heyden that the applicant agreed with the Planning and Development Board's recommendation for a 60' sign rather than a 75' sign. Mayor Taylor also recalls that the applicants agreed that if they were allowed to erect that sign, they would eliminate another sign on the property. Ms. Heyden clarified that the Planning and Development Board recommended that if the City Commission approves the 60' sign, another one be eliminated. The applicant agreed to this condition. MS. Heyden said there are two or three billboard signs in Quantum Park. There are two Quantum Corporate signs. One of those signs is 14' high. The lot signs are 33" high and 8' high. There are two other minor additional changes. One change involves the color board that was submitted to staff. Mr. Wiilard submitted a new color chip for the color blue. In addition, he submitted new color chips for the CarMax logo. All colors were slightly different. Ms. Heyden did not have any problem with the colors submitted. Mr. Willard confirmed for Mayor Taylor that he had no objections to any of the remaining comments. Mayor Taylor listed the items the City Commission must address: · Screening of the air conditioning units on the roof from all directions; 3! MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 · the access road requested by Fire and Public Works; and · the 52' sign at the main entrance on High Ridge Road. Vice Mayor Jaskiewicz questioned whether the applicant would be in compliance if he had not complied with the request of the Fire Department and Public Works with regard to the access. City Manager Parker Hill advised that the applicant is saying the City is making the request, therefore, he should not have to go through the variance procedure. The City is saying it makes no difference who makes the request. The applicant needs to go through a variance request. Vice Mayor Jaskiewicz said the 1' of rooftop equipment that would be visible would not bother her if it is painted the same color as the building. Mayor Taylor confirmed for Mr. Willard that the Commission does not have a problem with the screening from the other three directions because it is industrial. The Commission does not have a problem with the Comment #67. No variance is necessary and that comment can be striken. Commissioner Bradley feels the sign at the entrance should be closer to what currently exists. They can get the exposure they need with a smaller sign. Commissioner Tillman feels the signs should be consistent with what is already existing in the Park. With regard to the signage, Mr. Willard said this is a retail use covering four contiguous lots. If there were four users, there would be four signs. The applicant is requesting one sign that is somewhat larger at the main entrance to the site. This is not likely to be the precedent for a proliferation of larger signs throughout the Park. Given the materials the sign is made of, its location and the uniqueness of the land use, Mr. Willard does not feel this request is unreasonable. Commissioner Bradley questioned whether the decision should be based on whether or not a pylon sign is erected. City Manager Parker Hill said this is another sign on the property. The sign at Gateway Boulevard has been reduced to 6' tall other than in the center where the architectural design is 18" taller. It will be proportionately reduced in length by approximately 25% to 30%. The materials will be the same. This sign was originally proposed at 91/2'. City Manager Parker Hill explained that Comment #69 refers to the entrance into CarMax. The Planning and Development Board changed staff condition #69 by adding Comment 32 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 #72. The applicant is agreeable with this change in design. There is only a question about the size. Mayor Taylor questioned whether the Commission wanted to select staff Comment #69 or Planning and Development Board Comment #72. Ms. Heyden explained that the two comments are not exactly the same. Staff originally recommended that the deisgn of the monument sign be the Quantum Park design rather than the conventional wall sign. The Planning and Development Board recommended making them both the same. Staff conceded to that, but added an additional condition that the size be reduced. Size was not an issue at the Planning and Development Board. Mayor Taylor asked for clarification of where the wheel stops will be placed. Ms. Heyden advised that the Planning and Development Board recommends wheel stops be provided only in the customer parking area. The applicant agreed to this recommendation. Motion Commissioner Titcomb moved to approve Agenda Item VlII-A - CarMax at Quantum Park PID including Planning and Development comments and subject to all other staff comments deleting Comments #50, #67, 69 and 70. All other comments are accepted and included. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. B. Project: Agent: Owner: Location: Description: Quantum Park (peripheral greenbelt and modified PID Sign program Roscoe Biby, Kimley Horn and Associates, Inc. Quantum Associates, Inc. Northwest and southwest corners of the intersection of 1-95 and Gateway Boulevard MAJOR SITE PLAN MODIFICATION - Request for approval to establish landscaping specifications for the PID peripheral greenbelt and modify the approved sign program to include two (2) multiple business wall signs located at the northwest and southwest corners of the intersection of Gateway Boulevard and High Ridge Road/Park Ridge Boulevard and one (1) multiple business freestanding sign located on the east side of Lot 91. Mr. Willard advised that the applicant has only three comments they would like to address on Exhibit "E". Item #49 - Please make this comment consistent with the action just taken since it addresses the same monument sign. 33 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Item #53 - This comment deals with a number of small panel signs that would be located on the light poles within the parking lot. There will be telephones at locations in the parking lot where customers will be able to call back to the main office. The panel signs were inadvertently left out of the submittal that was made. Item #60 - This comment deals with the issue of the CarMax monument sign. Mr. Willard requested that this item be deleted. Mr. Willard realizes that there were a number of LDRs on the agenda this evening being considered for adoption. He asked for confirmation that if this project is approved for the existing site plan, it would be considered for building permits per the old regulations. Ms. Heyden agreed that would be the case. Ms. Heyden had no objections to any of Mr. Willard's requests or remarks. She reminded the Commissioners that in reviewing the CarMax project, the Planning and Development Board recommended that if the Commission approves the multi-tenant Quantum Park pylon sign along 1-95, the CarMax sign facing 1-95 should be deleted. (This is Comment #73 of Exhibit "C" attached to Planning and Zoning Memorandum No. 96-609.) Mr. Willard's understanding of this recommendation was that if the Commission approves the 1-95 sign, a condition of that approval was the elimination of the pylon sign on the CarMax lot. The applicant agreed with that recommendation. Commissioner Bradley pointed out that this is the sign that was reduced from 75' to 60'. Ms. Heyden explained that it is 20' above the ramp which is 35'. It is 55' with the opportunity to request the additional 5'. City Manager Parker Hill advised that they would have to go to the Board of Zoning Appeals for a variance. If it is denied, it would come back before the City Commission for the additional 5'. Mr. Willard said the logic behind measuring from the rail on the ramp is that the off-ramp is elevated. Most signs are measured from the crown of the road. The intent of the sign is to attract southbound motorists to give them an opportunity to exit without passing Gateway. The erection of the sign will require some tree removal on the lot. Mr. Willard feels the nature of the CarMax use requires this visibility, and they would like the option of being able to promote two other potential users in the Park by having the available panels onthe sign. Mayor Taylor clarified that the applicant is requesting two signs -- one on 1-95 and the second pylon sign near the Quantum Corporate Park sign. When the applicant was questioned about the need for two signs on 1-95, he agreed to eliminate the sign on the lot if given approval to put a sign on 1-95. 34 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 City Manager Parker Hill advised that the current Sign Code allows one freestanding pylon sign up to a height of 20'. With a variance, the height could go to 25'. Commissioner Titcomb feels that people driving down 1-95 are not going to get off the road because they see a sign for CarMax. He finds the pylon sign on the site much more attractive than the one proposed for the ramp top and would favor allowing the one on the site. Commissioners Bradley and Tillman agreed. Commissioner Bradley feels the sign at the exit is too big and will take away from the beautifully-landscaped Park. He also feels that the marketing objectives will be achieved with the sign on the premises. Motion Commissioner Titcomb moved to approve Agenda Item VIII-B - Major Site Plan Modification rejecting staff Comment #49, amending Comment #53 to include the phone signage on the poles as necessary, removing staff Comment #60 and proposing that we grant the on-site pylon sign proposed and not the Gateway Boulevard exit sign, subject to all other staff and Planning and Development Board comments that are not in conflict with each other. Commissioner Bradley seconded the motion. Mr. Willard confirmed that this motion includes the deletion of Comment #61. Comment #70 would be revised to indicate that the applicant will have a pylon sign on the CarMax let. The motion carried unanimously. Project: Agent: Owner: Looation: Description: Shoppes of Woolbright PCD Anna S. Cottrell The Tradewinds Group North side of the intersection of Woolbright Road and SW 8 Street MAJOR SITE PLAN MODIFICATION - Request for approval to modify the approved sign program to include freestanding and wall signage for outparcels and main building tenant(s). Anna Cottrell, aqent for the applicant, advised that Mr. Morton was present. She explained that RaceTrac was developed as a parcel within the Shoppes of Woolbright. RaceTrac handled the development with their in-house attorney and development people. They were not aware that the sign package was not approved. They opened earlier this year and were issued a permit for one temporary sign on the site. They have never received permits for permanent signs. When the application for permit signs was submitted, RaceTrac was informed that those applications could not be processed without MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 an amendment to the overall sign program for the PCD. This request is to modify the master sign program for the Shoppes of Woolbright and an application for a waiver from the guidelines that limit the number of colors within the development. Staff and the Planning and Development Board have approved this request with conditions that were acceptable. There have been recommendations made by staff since that time. The applicant was very happy with the conditions recommended by the Planning and Development Board. However, staff modified Condition #25. "It is recommended that all monument signs be designed to match the monument sign proposed for RaceTrac and that the size of the monument signs be four feet high by eight feet long on top of a two foot high monument base." If this limitation applies to RaceTrac, it was not something that came out of the TRC or the Planning and Development Board. This would reduce the sign that has been proposed for RaceTrac by about 50%. What has been proposed for RaceTrac is a monument sign that totals 87.5 square feet. This is only approximately half of what the Code allows (160 square feet). This number is based on the frontage. The recommendation to reduce it to 32' on a 2' high base results in a 48 square foot total, and is not what is being requested. The applicant is requesting that the limitation to the size be deleted to allow the applicant to have a monument sign which is 87.5 square feet. This would amount to a sign that is 12.5' long by 5' high with a 2' high base. Michael Morton, Tradewinds Development, Boca Raton, Florida, explained that RaceTrac had a monument sign, no pylon sign and other building signs they are trying to ge~ processed. With regard to monument signs, there were discussions at the Planning and Development Board relative to Burger King submitting a request for a pylon sign on W0olbright Road. The Planning and Development Board and Planning and Zoning Department recommended it be placed on SW 8th Street. The applicant agreed to that recommendation. They further agreed that on the remaining two outparcels, they would be restricted to monument signs only, and they would be of the same size. These signs would be restricted to colors that would be in compliance with colors that are being approved unless they are national Iogos. The applicant agreed that the monument signs onl Parcel C would be ail of the same nature. On the site plan for Burger King, there is a pylon sign which will be moved along SW 8th Street on the southwest portion of their parcel. There are other drive-through signs and identification signs that go along with the Burger King approval. When Burger King came before the Commission, the signs, the colors for the signs and the elevations were all approved by this Commission. Ms. Cottrell continued that there are two outstanding issues. One outstanding issue was whether all signs in the future would be monument signs. The other outstanding issue is the recommendation for the reduction in the size of the proposed sign. 36 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Vice Mayor Jaskiewicz pointed out that the sign RaceTrac is currently using is very readable, and is beautifully landscaped. In her opinion, a big sign would detract from the site. Ms. Cottrell explained that the Code allows two signs up to 160 square feet based on the frontage. The proposed sign is far less than what the Code allows, but they feel it meets their objectives. Ms. Heyden explained that the reason the comment was added by staff was that when staff checked with the City Clerk's Office, they found this issue was left out of the Planning and Development Board recommendations. The problem the board had was trying to stay with what the City Commission had set forth in the last approval (Cracker Barrel). The City Commission was expecting that all future signs would be monument signs. Staff compared the RaceTrac submittal and the site plan for Burger King to see what each applicant was requesting. Burger King wants either a 4' x 4' or 6' x 6' sign. Staff is recommending a 4' x 8' on top of a 2' high base. RaceTrac is requesting a 5' high x 12.5' wide sign on a 2' base. Ms. Heyden explained that there has been a big problem with this application from the start. The sign Code does not allow a 120 square foot sign. It allows that size sign for shopping centers, but that does not mean every parcel within the shopping center is allowed that size sign. For commercial parcels, a 64 square foot sign is permitted. There is a separate section in the Code for planned districts which references a comparable zoning district. This provides latitude to look at what is appropriate. Staff feels the 4' x 8' sign on a 2' high base ties in what Burger King proposed. Ms. Cottrell said the applications for RaceTrac were submitted months ago. They went through TRC and the Planning and Development Board. There has never been a question about the size of the sign. The application that was submitted very clearly showed the dimensions of the sign, It has never been in question and there was never a comment that it exceeded the sign limitations. Some of the information on the rest of the application needs more details. Ms. Heyden said the reason this was never brought up before was because there was no sign program submitted. When the signage came in for RaceTrac, the entire package was not available and the Building Department did not comment on it. At the Planning and Development Board meeting, they wanted to remove the monument signs from the submittal because there was so much detail missing. Because Discount Auto is in submittal now, and Burger King is in permit, staff did not want the monument signs excluded. Ms. Cottrell said they would like the Commission to approve this request with the Planning and Development Board recommendations. Another item RaceTrac was concerned with 3? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 dealt with the timing of the submittal for the rectified master plan. There has been an issue of how that is being processed and the timing of it. This was previously Condition #20. It has been modified and resubmitted as Comment #23. The applicant would like clarification that this applies for permits for buildings, rather than permits for signs. Ms. Heyden said staff has no problem with that request. With regard to the rectified master plan, Mr. Morton said there was agreement that they would take it off for signs. However, the master plan was submitted and has been with the City for over six months. He feels the rectification of this plan is up to City staff, not the developer. The developer prepared a master plan based on the approval received after Cracker Barrel, and it has been in the City for six months. They received a comment that it needs to be rectified again because they submitted for the median openings for Burger King and Discount Auto. That has not been fully approved yet. If it has been approved, Mr. Morton can rectify the plan. The plan that is in the process shows the median opening but not the turn lanes. The rectification process cannot be held up waiting for the turn lanes. The plan can be rectified when they come in the next time. Building permits cannot be held up while City staff is holding up the master plan. Mr. Morton met with staff and reviewed this, and it is still not signed off by all of the departments. The rectification of this plan is not in Mr. Morton's control. Ms. Heyden advised that staff met with Mr. Morton yesterday to try to resolve this issue. Staff cannot move on the master plan until Mr. Morton goes back to the traffic consultant to have her revise the traffic study. There are eight comments from the Engineering Department that deal with traffic. Mr. Morton said this had nothing to do with the master plan being rectified. This is a new issue that was just raised over the past four weeks as to how the applicant is viewing a previously-approved median opening. The master plan that was approved when Cracker Barrel was approved is the plan that staff has had for six months. The applicant has not agreed on how to move forward on the traffic issue. Discussion is still necessary. However, the permits for the projects cannot be held up because the traffic engineer is still working on the median opening that the Commission approved a year ago. In looking at the master plan, there was a median opening approved when the Taco Bell came through. That median opening would allow traffic to come out of Taco Bell and go west across SW 8th through the median and go south to Woolbright Road. That median cui is on the plan and is approved. That was also on the site plan submitted for Burger King. The Burger King site plan is approved also. The only comment on the Burger King site plan says "the turn lanes will be by others." Comments made by Bill Hukill and agreed to by the Commission and the applicant were that if a northbound left turn lane was required, or a southbound left turn lane was required, Mr. Hukill would make the final decision of those turning movements. There was never any discussion about eliminating the median opening. When the submittal was made for permitting to build the median, an MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 issue came up as to not having the movement westbound through the median and then a left turn south. That was the reason for yesterday's meeting. Mr. Morton has been working with Burger King to encourage them to give up that movement and keep only a southbound left turn. They have not approved that yet, and may not agree to it because they have an approved site plan that shows that median opening. Ms. Heyden reiterated that rectification is in Mr. Morton's hands. In order to shorten this discussion, Ms. Heyden recommended that prior to issuance of any further building permits for the PCD with the exception of Burger King, this master plan must be rectified. Mr. Morton agreed to this recommendation. With regard to the median opening, Mr. Morton said it was approved on the site plan for Burger King as previously submitted, and now staff is trying to eliminate the movement that the opening was designed for. He is not certain Burger King will agree to that. This may have to come back for Commission review. Ms. Heyden pointed out that Comments 20 and 23 are now resolved, and Comment #31 will be deleted. With regard to Burger King, they brought their sign program and building colors before the Commission. The channel letters on the building are the national corporate logo which is acceptable in the Sign Code. The City Commission also approved the building elevations and one contains a box sign, The comments now say it is not permitted to have channel letters and cannister signs on the building. The channel lettering is their national logo. Ms. Heyden agreed that there was no objection. The third issue involves the pylon sign. The applicant agrees to move it off Woolbright Road and onto SW 8th Street. Ms. Heyden advised that the City Manager requested that she copy the minutes from the meeting in 1990 when the pylon signs were approved. In 1990, the sign program showed two pylon signs. Only one was approved and that is the one that is on the site now. With this submittal, the applicant is requesting another pylon sign for Burger King. Approval of this request would result in three pylon signs. Based on the previous approval, staff recommends allowing only the existing pylon sign on Woolbright Road and that one monument sign be allowed for Burger King. Staff does not recommend allowing a freestanding sign and a pylon sign. Mayor Taylor explained to Mr. Morton his feelings that the City has been very accpmmodating on this project. He has heard remarks that this project has no unity, and that is because the tenants are coming in one at a time. The City has been very accommodating with regard to colors. Mayor Taylor feels if there is any chance of salvaging any unity, it might be in the signs. He supports the monument signs and is MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 against more pylon signs. Monument signs are much more upscale. If monument signs are used, there should be some conformity of size. An 87 square foot sign is huge. Vice Mayor Jaskiewicz feels the 4' x 8' sign on the 2' high base would be much more tasteful. Mr. Morton suggested that if the Sign Code is going to be followed, then a allowable square footage should be followed when doing monument signs. He pointed out that there was never any discussion, nor was there any agreement, that signs should be 4' x 8'. That is not what the Code says. This is a new comment which did not exist before yesterday at 3:30 p.m. Mr. Morton appreciates the Mayor's comments with respect to the pylon sign. He recalled that when Cracker Barrel came through, the Commission wanted to put monument signs on all three of the outparcels. Mr. Morton agreed to that request, and agreed to have them at the same size with their corporate Iogos. He will agree to that again. However, he feels we must be commensurate with what is allowable. RaceTrac has an allowable sign size, and 4' x 8' is not acceptable. Mr. Morton explained that this shopping center consists of two outparcels on the west side of SW 8th Street, and three outparcels on the east side along with Home Depot. The outparcel to the north is where the applicant was hoping to have Walmart. That could end up being another outparcel because Walmart has delayed moving forward. All of these outparcels should be able to have their identity which is a monument sign of a normal size. Mayor Taylor feels their identity is their logo, and they have been permitted to have their Iogos on their parcels. If RaceTrac is granted an 87 square foot sign, it will not be possible to deny that same request to the next tenant. A sign which is 6' high and 8' (the 2' high base included) long is huge. He pointed out to Mr. Morton that the City is permitting the Iogos and the colors. Ms. Heyden said the problem lies in the Sign Code because it does not address monument signs. Mr. Morton questioned whether the 4' x 8' number is arbitrary. Ms. Heyden responded negatively and explained that she took that figure from the Burger King monument sign and what was turned in for RaceTrac. Ms. Cottrell said RaceTrac is entitled to two signs, but they have only asked for one. Therefore, the impact will be less. Although Ms. Heyden's recommendation may be the average of what was submitted, it does not reflect the total sign size that was requested and is allowed. Commissioner Tiliman feels this 87 square foot sign at ground level is clownish. RaceTrac is adjacent to the intersection. He feels it is ridiculous to manipulate the Sign Code to try 40 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 to put up a sign of this size at this location. Ms. Cottrell said there was never an attempt to manipulate these numbers. She explained that a great deal of this 87 square foot sign is not sign face. It includes the 2' base on which it sits. RaceTrac is not interested in a site that will have such a visible impact that it will look like something contrary to what they want to present to the community. Her comments with regard to the sign are based on what RaceTrac understood from the preliminary discussions and the discussions between the sign company and the building company regarding what they would be allowed to do under the Code. They submitted less than what they were told they would be allowed to do. Mayor Taylor reiterated that the Commission has agreed on Comments 20 and 23 and deleted Comment 31. The only remaining discussion deals with Comment #25. Vice Mayor Jaskiewicz concurred with Condition #25 as written. Commissioner Titcomb is strongly in favor of the monument sign concept for the entire site. He would be willing to slightly increase the 4' x 8' dimensions, but would not be willing to support the proposed sign. Commissioners Tillman and Bradley agreed with these remarks. Mayor Taylor supported Comment #25 as written. Commissioner Titcomb suggested allowing 64 square feet which includes a 2' base. This will provide a 6' x 8' sign on top of a 2' base. The applicants accepted this change. Commissioner Bradley remarked that he would like to see the dimensions somewhere between the 32 square feet and 64 square feet. He suggested a 10' long x 4' high sign on a 2' base. Mr, Morton said this would not work because it is too wide. It would be out of proportion. Commissioner Bradley then recommended a 5' high x 8' long sign on a 2' base. This is an additional one foot over what is recommended. Ms. Cottrell said what would make more sense is the total square footage allowed rather than define the dimensions. The different Iogos for the tenants will fit in different ways. Mark Gesman, representin,q Burqer King, said he is concerned about the Burger King sign because their logo is more vertical than horizontal, He requested that Burger King be considered when RaceTrac is being considered. 4! MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Commissioner Titcomb said his concern is with the continuity of the signs. Logos can be scaled up and down as can typesetting. Consensus There was a consensus of the Commission to allow 56 square feet which would amount to a 5' high x 8' wide sign on a 2' base. With regard to the issue of pylon signs, Mr. Morton said this deals with the two shopping center pylon signs that were on Woolbright Road. When the plan was submitted in 1990, there were two pylon signs included. Both were the subject of variance requests at that time. The one in the southeast corner was to be 60' high. The other sign was slightly east of where the sign is currently located. At a meeting to discuss the height of these signs, the Commission voted to allow one pylon sign at its current height and denied the second pylon sign built at 60'. They did not preclude the second pylon sign. However, they did not grant the height that was requested. These two pylon signs have been on ail of the master plans since 1990. In the minutes of one of the meetings, City Manager Parker Hill mentions the fact that we have two pylon signs. City Manager Parker Hill said her remark was that it was Mr. Morton's opinion that he had two pylon signs. Mr. Morton said this has been on the master plan for six years. It was prior to Cracke? Barrel and Taco Bell. It was on the plan when Home Depot came in. The reason for the second Shoppes of Woolbright pylon sign is that Walmart would occupy the sign that is presently the Home Depot sign. It would be redone in dark blue. Home Depot would then build their sign on the location shown on the master plan. If Walmart or another major tenant comes into the center, they will be looking for that sign for their identification. Mr. Morton said he is eliminating the wing walls on the original plan and the pylon sign requested by Burger King. Comment #19 requires that a note be placed on the master plan that the approval of this sign is limited to location only. Mr. Morton agrees to this. Vice Mayor Jaskiewicz questioned the relevancy of the 1990 plan to this evening's discussion. She thought that plan was no longer in effect. City Manager Parker Hill explained that Mr. Morton has never submitted the sign package. This is the reason why this issue has been dragging on. All of the discussions this evening shOuld have taken place several years ago. Mr~ Morton said the reason why he could not have submitted a full master sign plan that shows every parcel and every store is because they did not know what was going on the site. Without the tenants, it is ludicrous to come in with a sign program. There is no point in approving Walmart at this time if they are not going to be part of the center. He cannot 42 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 bring in signs for a tenant that does not exist at this time. Mayor Taylor explained that he wants to know that there will be a monument sign on the parcel regardless of who will be occupying the space. In addition, he wants to know how many monument signs Mr. Morton wants in this center. City Manager Parker Hill said Mr. Morton has been picking and choosing when he wants to treat this as a unified shopping center and when he wants to choose this as individual parcels for development. This has been part of the problem. Mr. Morton disagreed with these remarks and said he has an approved site. He questioned whether he is being forced to build what is shown on the master plan. Mayor Taylor responded negatively, and reiterated that he wants to know how many signs Mr. Morton wants. On Parcel C which has Burger King, Discount Auto and another submission, Mr. Morton said there will be monument signs on each of these sites of the size that was just approved. They will contain the loges of the tenants. All signs will be in conformity. With regard to RaceTrac, they have agreed to a monument sign in the size designated this evening. With respect to the 14 acres where Walmart was anticipated, if they do come in, Mr. Morton will change the master sign plan and show a Walmart sign package. If TJ Max and Service Merchandise come in, he will show the Commission a plan and try to get it approved at that time. At this time, he does not know what wilt be going on the 14 acres. The only other issue involved this evening is that there is an existing pylon sign on Woolbright Road which is shown on the master plan. Mr. Morton always believed he was entitled to that second pylon sign. He is not requesting identification other than location for that sign. Comment #19 indicates that two pylon signs are shown on the Home Depot property frontage on Woolbright Road. The Sign Code allows only one freestanding sign for Home Depot; therefore, pylon signs shall be limited to one. In Mr. Morton's opinion, that one is for Home Depot. The second sign will not be for Home Depot. Mr. Morton agrees to Comment #19 and wants to be certain that on the rectified plan the second pylon sign could be there in the future. Mayor Taylor said he would not agree to that, and the Commission has been clear that they do not want a second pylon sign on Woolbright. Vice Mayor Jaskiewicz asked if the current pylon sign is on Home Depot property. Mr. Morton said it is located on common property between his property and Home Depot. Ms. Heyden said there is no common property in that location. That sign is located on Home Depot property. Mr. Morton said it is part of an REA and both parties have full 43 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 responsibility for the location and maintenance of that sign. Commissioner Titcomb reviewed the 1990 comments. With regard to taking the sign down to 30', the minutes state that there would be one sign instead of two signs. Mr. Morton agreed because at the time, the second requested sign was 60'. Mr. Morton said he agreed there would not be a second 60' sign. In response to Mr. Morton's question, Commissioner Titcomb said the Commission is not taking away the second pylon sign. Mr. Morton's comments in 1990 took away the second sign. It now sounds like Mr. Morton is saying even though these comments were made, because the sign was existing on the drawing, he did not mean what he said. Mr. Morton felt the interpretation in the minutes was that he was withdrawing the request for a 60' high pylon sign in the second location. The way it is written, it appears that they took away the second sign in its entirety. He claims he did not do that. He only withdrew the request for the second pylon sign. Mayor Taylor pointed out that regardless of the interpretation, the Commission has made it clear that they do not want two pylon signs on the property. With regard to Comment #18, Burger King's letter style must be changed. Mr. Morton pointed out that Burger King is a nationally-registered logo. Therefore, this comment should be removed. Ms. Heyden explained that the City must receive the information on the trademark. Once that information is submitted, the comment will be eliminated. Mr. Morton said the information was already submitted and has been before this Commission at the last meeting. Attorney Cherof asked Mr. Morton to provide a copy of the trademark and the location where it is registered. Attorney Cherof advised that Comments #18 and #31 are rejected. Comment #30 is included. Mr. Morion asked for clarification on Comment #13. Ms. Heyden advised that this issue is addressed in Comments 24 and 28. Comment #13 has been deleted. Motion Vice Mayor Jaskiewicz moved approval of the approved sign program to include freestanding and wall signage for outparcels and main building tenants subject to all staff comments including rejecting Comment #18, reworded Comment #23 with the exception of Burger King, Comment #25 showing the maximum square footage of 56 square feet (5' x 8' on a 2' base) and deleting Comment #31. Commissioner Titcomb seconded the motion which carried unanimously. 44 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Project: Agent: Owner: Location: Description: Shoppes of Woolbright PCD Anna S. Cottrell The Tradewinds Group North side of the intersection of Woolbright Road and SW 8 Street COMMUNITY DESIGN PLAN APPEAL - Request to appeal the Community Design Plan to allow more than two colors (in addition to black and white) for proposed signage Anna Cottrell, agent for the applicant, advised that this is a request to waive specific parts of the Community Design Plan that provides the maximum number of colors in a shopping center. They are requesting the addition of colors for RaceTrac, several Of which will be replicated at Discount Auto. There was a question about the color blue. Mayor Taylor questioned whether Comment #9 addresses this issue. Ms. Cottrell responded affirmatively but explained that Conditions 5, 6, 7, and 8 are new. There were not before the Planning and Development Board. She explained that Conditions #1 and 2 were deleted. Condition #3 was replaced by Condition #9, and Condition #4 was deleted during the Planning and Development Board. This was acceptable to the applicant. However, staff is recommending four new conditions. Conditions 5, 7, and 8 are related to the color blue. Ms. Cottrell explained that the blue around RaceTrac is only around the letter. From a distance, it appears to be black. RaceTrac has done a number of studies and determined that blue is a better background to distinguish the letters. Even though it appears black from a distance, the blue softens the lines between the background and the actual letters. There is no other dark blue being proposed. When Walmart was being proposed, the blue on RaceTrac matched the blue in Walmart. The only blue being requested is the blue around the letters. No other part of the sign will appear as dark blue. Mr. Morton has agreed that when the wall sign for the project changes, the sign will be changed to the dark blue. Vice Mayor Jaskiewicz prefers the dark blue with the yellow rather than the black and ye!Iow. There was agreement among the Commissioners to delete Comment #5. Comment #4 recommended changing the color yellow to a yellow shade of orange. This comment was deleted by the Planning and Development Board. It was their feeling that replacing the yellow with a shade of orange with a background of red would not be aesthetically pleasing and it will not blend. This now relates to a new condition which recommends changing the yellow to white. Ms. Cottrell explained that the yellow only appears in the background for the prices. MsI. Heyden advised that Discount Auto is now in the site plan process. She has looked 45 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 at their freestanding sign at their facility on Hypoluxo Road. Their freestanding sign will have yellow on it. Ms. Heyden added this comment since yellow for RaceTrac is only shown on their sign as a background, staff recommends that it be removed, and they postponed the issue of yellow on Discount Auto until it comes in. Staff is trying to make this yellow more orange in color. Discount Auto has yellow all around the large band. It does not make sense to allow RaceTrac to have yellow on the sign when they do not have yellow anywhere else on the building. Ms. Cottrell said RaceTrac feels the price reads better with yellow in the background. The changeable numbers are black. City Manager Parker Hill explained that the yellow does not have to be included. This is a decision to be made by the City Commission. The Commission does not have to accept the corporate colors. In addition, if the Commission approves yellow as the background for RaceTrac, they would not have to approve yellow for the entire project. Commissioner Titcomb would prefer not to see the yellow, but he does not have a problem with it if that is the consensus of the Commission. Since the Commission will be dealing with Discount Auto, he feels both situations would look better in white, red and blue. While the yellow and black signage is historic with auto parts stores, it has a cheap look. White would have a more elegant look. Mr. Morton asked the Commissioners to decide what color they would want to see for the Discount Auto sign. Vice Mayor Jaskiewicz said she would prefer white and black. Commissioner Titcomb said he would be inclined to reject Comments #4 and 5, and include Comment #6. Having yellow in a sign is a lot different from having an entire building yellow. Ms. Heyden said Comments #7 and #8 are new comments because the City Manager requested that the meeting minutes of the May 14, 1996 be included. When Cracker B~rrel was approved, it was stated that royal blue would be removed from the existing pylon sign. Mr. Morton said that was agreed to if they rebuilt the pylon sign as a Walmart sign. Mr. Morton said he does not intend to change the pylon sign if he is not building a second one unless it gets old and must be replaced. What was agreed to was removing the royal blue from the wing walls. The applicant then removed the wing walls entirely; thereby reducing the signage that was allowed in this project. In response to Commissioner Titoomb's question, City Manager Parker Hill advised that the words "Shoppes of Woolbright" appear in royal blue. Commissioner Titcomb said he would be supportive of maintaining these comments. Mr: Morton questioned how Commissioner Titcomb could be supportive of making the MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 applicant change their sign. He recommended that the Commission not approve the dark blue for RaceTrac since their sign is already in place and they are not changing it. Mr. Morton insisted that Comments #3, 7, and 8 were replaced in Comment #9, and that was acceptable to the applicant. However, Ms. Heyden explained that Comments #7 and #8 were generated by Planning and Zoning after Comment #9. Mr. Morton stated they are not acceptable to the applicant. Ms. Cottretl said that approval of the dark blue around the signage is not adding another color. The only reason for that color is to provide a distinction between the background and the lettering. The applicant is not asking that this color be an option for any other signs. Mayor Taylor explained that he has a problem asking the applicant to change the existing signs. Attorney Cherof said the Woolbright sign can be considered a non-conforming, but legal sign. Motion Commissioner Titcomb moved to approve Agenda Item VIII-D - Community Design Plan Appeal for Shoppes of Woolbright sign program, rejecting P&Z Comments 3, 4, 5, and retaining Comments 6, rejecting Comments #7 and 8, and retaining Comment #9, subject to all other staff comments. Commissioner Bradley seconded the motion. Ms. Cottrell advised that Comment #2 was deleted by the Planning and Development Board. She questioned whether this deletion is included in the motion. Cdmmissioner Titcomb agreed to reject Comment #2 in his motion. Commissioner Bradley was in agreement. The motion carried unanimously. IV, NEW BUSINESS: Approve Request for Proposal for Museum Exhibit Designers City Manager Parker Hill advised that this is a request to solicit designers for the 1913 Schoolhouse Museum. We have no one on staff able to design what will be going into the various rooms. Commissioner Titcomb inquired if there was any indication of how much the range of proposals might come back in at for these services. From the audience, the response was anywhere from $10,000 to $15,000. 4? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 In response to Vice Mayor Jaskiewicz' question, $12,000 has already been included in the budget for this project. Motion Commissioner Titcomb moved to approve the RFP request for Museum Exhibit Designers on the Old School project. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. B. Florida Telecommunications Taxation Task Force At a conference last week, Vice Mayor Jaskiewicz became concerned about the ramifications of the possible loss of franchise fees. We have been urged to contact our Legislators to educate them on this issue and let them know of our opposition to any proposal that preempts our local taxing authority. Vice Mayor Jaskiewicz feels this lobbying procedure should begin immediately because this issue could come before the Legislature in January. She recommends asking our Legislators to attend the meeting to express our opposition. City Manager Parker Hill advised that the Legislative Delegation will be holding their annual hearings during the first week in December. Each city and special district has time on the agenda to bring up any items before the entire Legislative Delegation. She feels this will be a good time to reach all of them. Mayor Taylor agreed and recommended that a letter to the Legislative Delegation be prepared stating our opposition. C. Bringing Florida A&M Band to Black Awareness Function Commissioner Tillman said he discussed this issue with City Manager Parker Hill, Wilfred Hawkins and Ms. Ramy. Bringing the band here would require a guarantee. Delray Beach did this last year and they made money. They would be available for the parade and a show at Santaluces High School. This show would generate the funds to satisfy the guarantee. Commissioner Tillman feels this will add a "punch" that has been missing in the past and will increase participation from other organizations. Mr, Hawkins said one of the things that we would do is have the parade during the last week in January. We have contacted some of the high schools and this would be a better dal;e for them. They would be asked to compete for trophies. There was a marching festival in Riviera Beach last year when this band came to the County and it was very successful. This is an attraction and a fund raiser. The gate price is usually $8 for children and $10 for adults. The guarantee is $25,000. 48 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Mayor Taylor requested that the Commission be provided with documentation from the two cities about what their participation was and how much money they made. He would like to know the total costs involved including the costs for Police, port-o-lets, etc. Vice Mayor Jaskiewicz questioned whether or not additional sponsors could be solicited. Mr. Hawkins said part of this function would be soliciting sponsors other than the City. D. Festivals Because of his extensive background in working with festivals like the Delray Affair, Commissioner Titcomb began thinking about the City being in the festival business and dealing with only one bidder on the concession basis. He is curious about the objectives, budgets, and types of partnerships we pursue in putting on the festivals. He deferred extensive commentary on this until he has an opportunity to gather some information. One of the thoughts he had was when the City puts on a festival, everything that goes into the festival including staff time becomes a budget line item. He is not certain we make money on festivals even though they have positive public relations value to the City. When a festival is put on by the Chamber, most of the work is generated through volunteer work and that tends to turn into a profit-making venture for the organization sponsoring the event. He requested authorization to work with the City Manager's Office or Recreation and Parks to go through this information to see where we are. City Manager Parker Hill explained that when G.A.L.A. is held, if the weather is good, we make money. She pointed out that during the Delray Affair, the City of Delray Beach charges for the Police Officers for that service. We charge ourselves for that. All of our festival costs are in separate accounts. If the City wants to make a donation in terms of Police or sanitation, the City would be doing it on a conscious basis. The Chamber of Commerce used to do this and the City took it over when they did not have the volunteers necessary to put on a festival of this size. V. LEGAL: A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. O96-49 Re: Amending Chapter 1 of the Land Development Regulations, General Provisions Proposed Ordinance No. O96-50 Re: Amending Chapter 1.5 of the Land Development Regulations, Planning & Development Generally 49 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 10. 11. 12. 13. 14. 15. Proposed Ordinance No. O96-51 Re: Amending Chapter 2 of the Land Development Regulations, Zoning Proposed Ordinance No. 096-52 Re: Amending Chapter 2.5 of the Land Development Regulations, Planned Unit Developments Proposed Ordinance No. 096-53 Re: Amending Chapter 3 of the Land Development Regulations, Master Plan Review Proposed Ordinance No. 096-54 Re: Amending Chapter 4 of the Land Development Regulations, Site Plan Review Proposed Ordinance No. 096-55 Re: Amending Chapter 5 of the Land Development Regulations, Platting Proposed Ordinance No. 096-56 Re: Amending Chapter 6 of the Land Development Regulations, Required Improvements Proposed Ordinance No. O96-57 Re: Amending Chapter 7.5 of the Land Development Regulations, Environmental Regulation Proposed Ordinance No. 096-58 Re: Amending Chapter 8 of the Land Development Regulations, Excavation and Fill Regulations Proposed Ordinance No. 096-59 Re: Amending Chapter 9 of the Land Development Regulations, Community Design Plan Proposed Ordinance No. 096-60 Re: Amending Chapter 20 of the Land Development Regulations, Housing and Construction Regulations Proposed Ordinance No. O96-61 Re: Amending Chapter 21 of the Land Development Regulations, Signs Proposed Ordinance No. 096-62 Re: Amending Chapter 22 of the Land Development Regulations, Streets and Sidewalks Proposed Ordinance No. 096-63 Re: Amending Chapter 23 of the Land Development Regulations, Parking Lots 50 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 B. Ordinances - I st Reading: None C. Resolutions: None Other 1. Approve settlement for Matthew Randall vs. City of Boynton Beach, et al Mr. Hawkins explained that this was a situation where a City employee was involved in a motor vehicle accident and several occupants of the vehicle were injured. The City was not able to negotiate/mediate a settlement in the case of one of the occupants. The case went to court with a jury trial and returned a verdict in favor of the plaintiff for $100,000. The request this evening is to approve the jury's verdict. Motion Vice Mayor Jaskiewicz moved to approve. Commissioner Bradley seconded the motion which carried unanimously. VI. UNFINISHED BUSINESS: A. Appoint member to the Advisory Group for Police Mobile Field Data Reporting Mayor Taylor advised that Maurice Rosenstock agreed to serve on this advisory group, and Chief Gage is pleased to work with him. B, Appointment of Interim City Manager This item was addressed earlier in the meeting prior to Public Audience. VII. CITY MANAGER'S REPORT: A. Status Report on Indoor Air Quality (IAQ) Mr. Hawkins reminded the Commissioners that the City brought on Pure Air in June of 1996, after the remediation project was stopped. One of the services that Pure Air MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 provided was to retest the air quality, review Clayton Environmenta?s reports and test documentation and assist the remediation process that was being done by Montgomery, under Clayton's supervision. Pure Air has completed those assessments and found that the remediation work did not meet the expected results. This leaves the City two options to consider: The City can move forward with recleaning the identified areas by contracting with a new remediation contractor supervised by Pure Air Control and proceed with available remedies against Clayton and Montgomery; or the City could request that Clayton and Montgomery return and reclean the identified areas. However, this option presents concerns with regard to the time factor. This project has been on hold since February of 1996. Employees' health and morale are at a critical point of concern. The negotiations between Pure Air and Clayton/Montgomery will take time, and they may not reach final agreement. In addition, based on the current condition of the work, staff has strong reservations regarding the ability of Clayton/Montgomery as it relates to remediation design and work. Mr. Hawkins asked the Commissioners to provide direction for staff. It is staff's recommendation to proceed with Option #1. Attorney Cherof advised that staff plans to meet with Clayton and Montgomery during the next week or two. It is important for us to indicate that we either want them to return to complete the work that should have been completed, or tell them we have no confidence in their ability to do that and we will retain the services of other companies. We know that it will probably cost $400,000 to do the work that should have already been done. It is unlikely that Clayton/Montgomery will concede that their deficiency is of a nature that would require them to do an additional $400,000 worth of work without any additional payment. Attorney Cherof anticipates that they will not admit they have done anything wrong. If Clayton/Montgomery do not return and we proceed with new contractors, Attorney Cherof suggests the new contracts be guarantee contracts. Anyone involved in the project either from the design point of view, construction point of view, or a providing materials point of view, be required to guarantee the end result, and post performance bonds that the City could cash in if the work is not completed. He recommends setting very specific ground rules about what the work will entail and when it will be done. Vice Mayor Jaskiewicz questioned whether Clayton and Montgomery's contract included a clause that this work had to be done satisfactorily or be held responsible. City Manager Parker Hill explained that they had to do it satisfactorily to a medical opinion 52 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 that is changing. Since there is no outside legal standard for indoor air quality, a medical expert needs to be able to tell the employees and the community that the building is clean so that the City's operations can move on. The staff and people associated with Clayton and Montgomery keep setting the target further and further away. In response to Vice Mayor Jaskiewicz' question, City Manager Parker Hill advised that we still owe Clayton and Montgomery a considerable amount of money. Vice Mayor Jaskiewicz questioned whether they can take the City to court claiming they provided the necessary services. Attorney Cherof believes that is a possibility since we are still holding over $100,000. The City feels they can return and do $400,000 worth of work and be paid the balance of their $100,000. However, Attorney Cherof does not believe they will find this an acceptable proposition. Mayor Taylor does not feel confident that Clayton and Montgomery will be able to clean up the building properly. He feels the Commission must expedite this process for the benefit of the employees. This situation has been ongoing for much too long. Vice Mayor Jaskiewicz inquired about the amount of money we have paid them so far. City Manager Parker Hill advised that the total amount we have reserved for all vendors is $1.8 million. Clayton and Montgomery have received over $400,000, and the building is not clean to the expected results. Attorney Cherof advised that a lot of the work that was promised to be done was done; however, it did not achieve the end results. Some of the work was not done properly, and some of it was left incomplete. It was done to the extent that the building would not be characterized as a sick building. Vice Mayor Jaskiewicz wondered if Pure Air could be trying to start all over again to get another huge amount of money. Mr: Hawkins advised that Pure Air was asked to assess the work that Clayton and MOntgomery did. Their assessment says Clayton and Montgomery did not do a good job. Pure Air can finish the project. Pure Air and Clayton/Montgomery are in the same business. However, our approach with Pure Air will be different than it was with Clayton and Montgomery. City Manager Parker Hill advised that Pure Air will not be doing the clean-up work. We have hired them to write the specifications. Pure Air has known from the beginning that their position would be only as a consultant. Attorney Cherof advised that Pure Air's initial job was to identify the shortcomings of the 53 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 previous work, and supervise Clayton and Montgomery coming back to finish the work. Unfortunately, Clayton and Montgomery will not work under the supervision of one of their competitors. In response to Commissioner Tillman's question, Attorney Cherof advised that Clayton and Montgomery know there are deficiencies since they have not been paid and we have verbally advised them of the deficiencies. A detailed meeting will be held in the next week to ten days on this subject. We will review a list of the deficiencies with them. Mr. Hawkins reminded the Commissioners that there are 200 employees in this building we must be concerned about. This project has been delayed, and we have documented health concerns. The City has an option of not delaying remedying those health concerns. City Manager Parker Hill also assured the Commissioners that at the end of the planned meeting, there will not be closure because the two sides will not walk away from that meeting with an agreed-to list of who will do what, and who will pay for it. This is a controversial subject involving a large sum of money. In addition, we now have two firms Pointing fingers at each other. This is not an issue that will be settled in one or two meetings. Attorney Cherof advised that if the Commission decides to select Option #1, contracts have to be prepared and brought back. The City will have met with Clayton and Montgomery and will be able to report on that meeting. Mr. Hawkins advised that the new specifications written by Pure Air will be more results oriented. While the concern about the monetary amount involved, we must remember that 200 employees have health concerns. We now know the direction we need to move in. Commissioner Titcomb questioned why these safeguards were not automatically in place the last time. There has been a lack of accountability for this problem for eight or ten years. This continues to be an afterthought. Mayor Taylor disagreed, and advised that when looking at the history of sick buildings, it takes years to remedy the situation. No one knows why this happens and what the causes are. Commissioner Titcomb realizes that the science of the technology is not 100%. His concern is that companies come and go, get paid large amounts of money, and do not perform to the level they profess they can perform to. We then decide they cannot do the work, so we go on to the next company. Commissioner Titcomb agrees 100% that something needs to be done immediately for the employees. He is in favor of having Attorney Cherof prepare the contracts and documents necessary to put the next company to work immediately, but questions why Clayton and Montgomery are not here meeting with US now. 54 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 City Manager Parker Hill advised that the City needed to get assistance to be able to talk to them in terms of what they have done wrong and where the problems area. We have been getting technical assistance to identify the problems. They have been briefing the City Attorney and other attorneys. We pulled all contract documents and change orders for the last four years, and compiled data on what has happened. Attorney Cherof advised that the legal difference between what we have available today under a new contract with new people is different than what was available to us three or four years ago. At that time, there was one company doing what we wanted done. When we asked them to post a performance bond, they refused and suggested that we find someone else who would. There was no one else doing this work. The atmosphere today is different and this is now a competitive industry. We are now in a position where we can demand a performance bond. This is a developing industry with developing knowledge. In response to Vice Mayor Jaskiewicz' question, Mr. Hawkins advised that for the $400,000 that was spent, the West Wing Second Floor has tested fine. Some of the work that needs to be done is very minor, and some other work is more major in nature. The total dollars have not been wasted. Some of the leaking roof problems have been resolved, and the air conditioning is continually being worked on. Commissioner Tillman requested that the Commissioners be provided with a written update on what work is complete and what work is incomplete. He also would like a list of the areas that are now well for the employees, and where we are financially. He wants a complete update. Commissioner Titcomb suggested that all avenues be pursued while we get the new contractors ready to go, and that we meet with the former contractor and provide a listing of the problems to allow them an opportunity to make good on their work. If they prove to be obstinate or unwilling to perform those duties, then we should pursue this legally. Mayor Taylor questioned how the City could hire a new firm and still have Clayton and Montgomery here doing work at the same time. Commissioner Titcomb felt the new company could be given new projects to handle while Clayton and Montgomery handle their previous work. Attorney Cherof advised that staff would like the Commission to endorse its conclusion that Clayton and Montgomery did not perform and are not capable of performing to the degree we want them to perform. It is possible that they will meet with us and we can be convinced that they have changed their organization and contacts and can do the work. We will then return to the Commission and say we are confident they can come back and finish the work. However, we feel we should go into the meeting advising them that the staff has concluded that they cannot do the work, and how will they make the situation right. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Mr. Sugerman added that it is important for the Commission to understand that the City is trying to remedy a situation where employees are working and breathing in mold and mildew. Different people have different reactions to that situation. Some people have high tolerances, others have medium tolerances and others have Iow tolerances. The question is to what standard do we clean the building. We can get to the point where the building can be cleaned so that no person will have a problem with mold and mildew in this building. The biggest problem is that no standard was ever set for what level of tolerance was acceptable for the people who work in this building. We are still struggling with that standard, and everyone who works in this field has a different opinion about what that standard is. This is not a black and white issue and we have been struggling with this for many months. We have brought in a variety of experts and we have not had any conclusions about what is best. VIII. OTHER: Mayor Taylor announced that this is Carrie Parker Hill's last meeting. He wished her the best and told her she will be missed. City Manager Parker Hill said she has enjoyed working with each Commissioner. IX. ADJOURNMENT: Th:ere being no further business to come before the City Commission, the meeting properly adjourned at 1:10 a.m. ATTEST: ditY GCer~ ' - I~, eCording Secretary (b-'d~ ht Tapes) CITY OFBOYNTON BEACH Commissioner ,~E~mmissioner 56 ill. CONSENT AGENDA D CITY OF BOYNTON oo: Fin, Rec, Util CITY COMMISSION AGENDA APPROVAL OF BILLS NOVEMBER 19, 1996 CH2M HILL ......................................... Lift Station Rehab, Exp Project, Testing, Gert Eng Services Pay From Various Funds C.R. DUNN INC ...................................... PO 12280. Ocean Ave Rehab/Lighting Pay From Comm Imp/CRA Fund -- 621-136-5-630-14 GARMONG & PADGE'rr SALES INC .................... PO 12416. Kalwall Panel Replacement Project Pay From Public Service Tax Const Fund -- 301-194-5-634-12 MC TEAGUE CONSTRUCTION CO ...................... PO 12223. Comm Dispatch/Const Project Pay From Gen Fund -- 001-197-5-629-00 THERMA SEAL ROOFS INC ............................ PO 12172. Hist SchoolRoof Rehab Project Pay From Public Service Tax Const Fund -- 301-412-5-640-33 SOLID WASTE AUTHORITY ............................ Annual Disposal Assessmonet Pay From Sanitation Fund -- 431-341-5-490-01 SOLID WASTE AUTHORITY ............................ 10/96 Landfill/Sweeper Use Pay From Gert Fund -- 001-411-5-490-01, $1,844.83 Pay From Sanitation Fund -- 431-341-5-490-01, $115,031.29 .. $ 38,088.78 ·. $17,539.00 · . $11,250,00 ·. $10,859.00 . $16,537.50 . $ 59,914.38 $116,876.12 NOV 19 APPROVAL U.S. ENERGY SERVICES INC ............................. $ 30,518.63 9/96 IAQ Diagnostic Evaluation Pay From Public Service Tax Const Fund -- 301-194-5-640-05 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER Date: To: From: Octavia S. Sherrod, Program Specialist Thru: Tambri J. Heyden, Planning Director Re: Paint Your Heart Out Volunteers COMMUNITY REDEVELOPMENT DEPARTMENT MEMORANDUM #96-050 November 1, 1996 Wilfi'ed Hawkins, Assistant to the City Manager // As you may know, '~National Make a Difference Day" was Saturday October 26th. The City of Boynton Beach sponsored a home for Paint Your Heart Out of Palm Beach County. The result was that City of Boynton Beach employees and their children volunteered and painted the home ofan elderly resident. The results of this project from the numerous phone calls from the residents affected is that a difference was indeed made. The following is a list of city employees that volunteered their time. I am sure you will recognize their effort in some manner. Facilities Management Personnel Pau!a LaBlanc Revl William Boule Reginald Buffer Bernard Russell Customer Relations Arthur Lee & son Micah Lee Community Redevelopment Octavia Sherrod & son Richard Brown Robin Matchett Agnes Wilson Brandi 02qeil Planning & Zoning Dan DeCarlo CITY OF BOYNTON BEACH OFF STREET PARKING REQUIREMENTS 2. 3. 4. 5. INTERNAL PUD STANDARDS R-I-AA SINGLE FAMII,y RESIDENTIAL DISTRICT R-1-A SINGLE FAMILY RESIDENTIAL DISTRICT R-1 SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 11-H AS REFERENCED IN ITEMS 2 - 4 ABOVE REFERENCE DOCUMENT CITY OF BOYNTON BEACH LAND DEVELOPMENT REGULATIONS §8 Such PUD~s shall be so located w~ :h ~spect to necessary p~blic facilities (e.g., schools, pa Ks, playgrounds) as to have access to those faciliti~ ~ i the same degree as under existing zoning, and shallL located, designed and scaled so that access for p~ services is eqUivalent tot and net cost for the services under existing zoning. PHYSICAL CHARACTER OF THE SITE. The site shall be suitable for development in the manne~ proposed without hazards to persons or property, on or off the tract, from .probability of flooding,-erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography! shai1 all be appropriate to both kind and pattern of use intended. In addition tO the standards'set in Section 4, Table 1, of these z~ning regulations, the following standards apply within a PUD District. A. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or cou~non element gnaranteeing access. Permitted uses shall not be required to front on a dedicated public road. B. INTERNAL LOTS AIqD FRONTAGE. Within the boundaries of the PUD, no n%%nimum lot size or minimumyards shall be required; provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the ~UD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. Other off-street Parking and loading requirements shall be govez~ed by the zoning ordinance. Do C0594ERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area within a PUD which may be devoted to neighborhood commercial uses, including reqUired off-street parking reqUirements, is governed by Table 1, Section 4 and Section 9C. Areas designated for commercial activities shall not generally front on exterior or perimeter 2.5-6 o Building and site regulations: a. The following lot and build requirements shall be obser Minimum lot area Minimum lot frontage Minimum front yard -Minimum rear yard Minimum side yards Minimum living area Maximum lot coverage Maximum structure height §5 ~ :etback ,( ]0 square feet ~ ~eet ~ feet 25 feet 10 feet each side 1,800 square feet 35 percent 25 feet On corner lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where'The corner lot faces a different street~ thanthe remaining lots in the block, the front setback shall then be maintained on both streets.< ~ ~. _.~ 3. Off-street parking. As provided in Section 11-H f hereinafter. These district regulations will create a maximum density of 5.4 dwelling units per acre. Use permitted. Within any R-1,AA single-family residential district, no building, structure, land or water shall be used except for one of the following uses: a. Any use permitted in the R-l-AAA or R-1-AAB districts. 2. Building and site regulations: a. The following lot and building requirements shall be observed: Minimum Minimum Minimum Minimum Minimum Minimum Maximum Maximum lot area lot frontage front yard rear yard side yard living area lot coverage structure height 8,000 square feet* 75 feet 25 feet 25 feet 10 feet each side* 1,500 square feet 35 percent 25 feet *In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. 2-17 §5 corner lots, the side setback adjacent to the ~eet shall be not less than one-half (1/2) the ~nt yard setback except where the corner lot ~es a different street than the remaining lots in the block, the front setback shall then be maintained on both streetS. regulations'w~ units per acre. These district create a maximum density of 5.8 dwelling ..... ,.~ithin any R-1-A single-family ~. ' es erml~- - 1. US ._P .... :_~_~,~ no building, structure, £anG or water shall be used except for one of the following uses: a. Any use permitted in the R-l-AAA, R-1-AAB, R-l-AA districts. 2. Building and site regulations: a. The following lot and building requirements shall be observed. Minimum lot area Minimum lot frontage Miniraum front yard Minimum rear yard Minimum side yard Minimum living area Maximum lot coverage Maximum structure height 7,500 square feet 60 feet 25 feet 25 feet 7 1/2 feet each side 1,250 square feet 40 percent 25 feet On corner lots the side-yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. These district ions wilt create a maximum of 7.26 dwelling units per acre. 1. Uses permitted, within anY R-1 single-family residential district, no building, structure, land or water shall be used except for one of the following uses: 2-18 a. Any use permitted in the R-1-Am.A, R-1-AAB, R-l-AA or R-1-A district. Building and site regulations. a. The following lot and building requirements shall -be observed. Minimum lot area 6,000 Square feet Minimum lot frontage 60 feet Minimum front yard 25 feet Minimum rear yard 25 feet Minimum side yards 7 1/2 feet~ Minimum living area 1,000 Square feet Maximum lot COverage 40 percent.. Maximum structure height 25 feet ' " bt On corner lots, the side yard Setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. Where the corner lot faces a different street than the remaining lots in the block, then the front setback shall be maintained on both streets. -. .~2 S.INGLE- and TWO-FAMILY nW~T.~T~.~ !m~S~tr~t r.egulationS will c~2~r~ DI.STRICT. ~ese ' P t of hm~her densxty buildings ~ith co,only Called duplexes to~ether with single+fa~ly dwellin~ but at no lower St~dards of ~alit~. 1. Uses Pe~itted. Within ~y R-2 single-or two-f~ly dwelling district, no building, St~Cture, l~d or wat~er shall be used except for one of the followin~ users: a. ~Y use Pe~tted in the R-i-~, R-i-~, R-1- ~, R-1-A ~d R-1 districts. b. ~o- family dwellings. c. Nurse~ schools, day care centers ~d Other preschool facilities* (see Section 11-C) ~' Conditional uses allowed. ~ose uses specified in ~o~,~.F..1. ~ove which are fol ~=~ ~ ; sn .... lowed b an all be . . Y which ~y be dee~d ~o De conditional uses, wit~ considered ~d granted in accordance procedures set forth in Section 11.2 ~ hereinafter. 2-19 2. Each. town house shall have from the off-street parkin~ 3. All outdoor, rear yard are~ clothes shall be screened f ~ and from adjoining yards and lots. :ect automotive access ~e to a public street· ed for drying of view from the street 4. Parking space shall be provided for as by Section ll-H. Ail off-street parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved according to the procedures contained therein. Ail off-street parking facilities shall be maintained and drained so as not to cause nuisance or danger to the public, or to adjacent public or private property. A certificate of occupancy for a structure or premises shall not be issued until the required parking area has been inspected and approved by the ~pment director. 5. No fewer than four (4) parking spaces shall be provided for any nonresidential use. 6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, where 'eighty (80) per cent or more of the parking demand falls within a twenty-four-hour period each week. Sod may be substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements contained in Chapter 23 of the City of Boynton Beach Land Development Regulations. Sod parking stalls shall have a base consisting of not less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an equivalent material as approved by the development director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas with ninety (90) degree parking stalls and two-way traffic in aisles, 2-101 §11 (2) or more bedroom apa~ 3: Two (2) parking spaces per dwelling unit. (3) One-bedroom and efficiency apartments: Two (2) parking spaces per dwelling unit for the first ten (10) efficiency and one-bedroom apartments in a single structure; one and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment over ten (10) units. (4) Dormitories: One (1) parking space per rooming unit. (5) Rooming and boarding houses: One (1) parking space per rooming unit. (6) Hotels, apartment hotels, motels, apartment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. (7) Hospitals: Two and one-half (2.5) parking spaces per bed. (8) Nursing homes, convalescent homes, and sanitariums: One (1) parking space per three (3) beds. b. Assembly: (1) Churches, temples, and other places of worship: One (1) parking space per four (4) seats in the auditorium, but not less than one (1) parking space per one hundred (100) square feet of gross floor area for the auditorium, plus required parking spaces for any other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings. (2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (1) parking space per four (4) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. (3) Clubs, lodges and fraternal organizations: One (1) parking space per one hundred (100) square feet of gross floor area. c. Government, institutional, and educational uses: (1) Government and government-owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply. (2) CouuL~unity centers: One (1) parking space per one hundred (100) square feet of gross floor area. 2-104 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: BELLSOUTH MOBILITY APPLICANT'S AGENT: Kilday and Associates, Inc., agent for Nortech Warehouses, Inc., DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Requesting approval to construct a 125 foot high monopole communication tower and convert approximately 360 square feet of an existin,q warehouse to an equipment room. LOCATION OF PROPERTY: 1314 Neptune Drive. 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 conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with the notation "Included". The Applicant's application for relief is hereby V' GRANTED subject to the conditions referenced hereof. DENIED in paragraph 3 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: DATED: November 19, 1996 'City~lerk EXHIBIT "D" Conditions of Approval Project name: Bellsouth Mobility File number: COUS 96-005 Reference: The plans consist of 2 sheets identified as 2nd Review, Conditional Use Fi le #COUS 96-005 with a October 4. 1996 Plannina and Zonina Department date stamn markina. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. It is recommended that the base of the tower be landscaped. In areas where there is pavement up to the base of the tower provide trees and shrubs around the perimeter of the warehouse property so that the lower portion of the tower is screened from view from abutting properties without reliance on landscaping/vegetation on adjacent properties. 2. Provide more detail drawings of the new roof top equipment enclosure with the permit application to determine compliance with city screening requirements. 3. ~ After conducting a field visit, the parking observed does not match the parking plan submitted. This discrepancy needs to be resolved, prior to a permit for the tower to ensure that the parking remaining after the removal of parking to construct the tower is adequate to serve the existing warehouse. DEPARTMENTS Applicant shall remove the communication tower if in the future it becomes unused. J INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 5. NONE ADDITIONAL CITY COMMISSION CONDITIONS 6. To be determined. /V/~//~' /brne c:bellsout.wpd LOCATION MAP COMMUNICATION TOWER - NEPTUNE DRIVE !:13, !RE~ IVll 1/8 MILE; '0 400. '800 FEET DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: Michael Morton, Tradewinds Group APPLICANT'S AGENT: Anna Cotrell, A,qent for the Tradewinds, Inc., DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Requesting an appeal to the Community Design Plan. The nature of the appeal is to allow more than two colors (in addition to black and white) for si~na~e proposed in connection with a concurrent revised si,qn pro,qram request LOCATION OF PROPERTY: Southeast and southwest corners of the intersection of S.W. 8th Street and Woolbri,qht Road. 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. HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the notation "Included". 4. The Applic.~/;'s application for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: November 19, 1996 Ci~ Clerk LOCATION MAP SHOPPES OF WOOLBRIGHT PCD '1 .BRIGHT "LACE" PM REC LLI I 'T'll EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright PCD File number: CDPA 96-003 Reference: Community Desiqn Plan apDeal - number of colors for sionaoe DEPARTMENTS PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Delete the color green. 2. Replace the color grey with white. 3. Choose between dark blue and royal blue. If dark blue is chosen, change the royal blue on the existing pylon sign. 4. Change the color yellow to a yellow shade of orange. 5. Change the RaceTrac dark blue to black. 6. ' Remove yellow from the RaceTrac sign and replace with white, which is one of RaceTrac's colors. 7. Remove the royal blue from the existin9 pylon sign on Woolbdght Road. DEPARTMENTS Replace the royal blue of the existing pylon sign with dark blue if RaceTrac;s dark blue is approved by the Commission or replace with a color already part of the approved sign program, if RaceTrac's dark blue is not approved by the Commission. INCLUDE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 9. Reword #3 as fellows: Dark blue is acceptable and the existing royal blue on the Shoppes of Woolbright sign on Woolbright Road can remain until such time as it is repainted. At that time it shall be repainted to dark blue. ADDITIONAL CITY COMMISSION CONDITIONS 10. To be determined. REJECT JL/bme C:\WPWIN60\WPDOCS\CON DAPPR\NOV12-66\CN DOFAPP.WPD DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE ClTY OFBOYNTON BEACH, FLORIDA APPLICANT: DeGraf, Inc., APPLICANT'S AGENT: John A. Grant, Jr., Inc., DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Proposin,q to chan,qe the zonin,q of 5.05 acres of property located on the east side of N.E. 4th Street, approximately 300 feet south of N.E. 22nd Avenue, from R-3 to PUD with a Land Use Intensity of 7. The proposed East Ridge PUD would provide for the construciton of 33 sinRle family detached homes with a gross density of 6.5 units per acre. The future land use classification will remain as Hi,qh Density Residential, and continue to limit the area to a maximum gross density of 10.8 units per acre. LOCATION OF PROPERTY: East side of N.E. 4th Street 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 Applicant ~ HAS HAS NOT established bY substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with the notation "Included". 4. The Applicant's application for relief is hereby ~"~RANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: City~lerk ' ' MAP NEIGHBORHOOD PARK PLANNING AREAS .~mmPark Planning Areas Boundaries City Boundaries 3 City of Boynton Beach ?l_an.?ing Department 4/87 E×HiBiT 'iD" Conditions of Approval Project name: East Ridge File number: REZN 96-002 Reference: The plans consist of 6 sheets identified as 3rd Review. Rezonina. File #REZN 96-002 with a Planning and Zonina Denartment October 1, 1996 date stamp markina. DEPARTMENTS PUBLIC WORKS Comment.~: NONE UTILITIES Comments: 1. No trees, except Palm trees, will be allowed within utilities easements (Sec. 7.5- 18.1). 2. Dept. of HRS permits will be required for the water and sewer systems serving this project. 3. A utilities easement must also be shown over those water and sewer lines within the roadway access easement. This may be done by also defining the access easement as a utilities easement for water and sanitary sewer maintenance by the City of Boynton Beach. 4. Based upon 33 single family homes with 3/4" x 5/8" meters, the capacity reservation fee for this project will be $4,573.80. This fee is payable within 30 days of the site plan approval, or when the HRS permit applications are i submitted for approval by this office, whichever comes first (Sec. 26-34(E)). FIRE cernments: NONE POLICE Comments: NONE DEVEILopMENT DEPARTMENT CommentS: 6. i Specify that subgrade on road sections is stabilized. Chap.6, Art. IV, Sec. 10F, pg-6-12. 7. ! Show positive drainage from north side of cul-de-sac to East Ridge Circle South. , Chap.6, Art. IV, Sec.5A, pg.6-7. 8. Provide detail of outfall into east retention area. Chap.6, Art. V, Sec.4Bla, pg.6- 9. Provide sod in retention areas adjacent to lots 20 and 33. Chap.7.5, Art. Il, Sec.5C6, pg.7.5-15. 10. Revise typical road section to drain toward, not away from, valley curb, or ! iustify )four reasonin,c). Chap. 6, Art. IV, Sec. SA, p,9.6-7. 11. ! Show proof that the 10 f. utility easement shown on the survey has been legally i removed (Official Record Book 859, Parle 752). 12. Tie all four properties together under one title (legally recorded). 13. Extend the sidewalk across lots 15 and 16 and around the circle. 14. Signs shall comply with the City's Sign Code. 15. Meet table 600 of the 1994 Standard Building Code. 16 Provide auest ~arkJrlg, 'DEPARTMENTS PARKS AND RECREATION Comments: 17. Due to the reduction of dwelling units from 34 single family units to 33 single family dwelling units, the new recreation dedication requirement is computed as follows: 33 s.f.D.U, x .018 acres/d.u. = .594 acres. 18. There are no plans for private recreation. The full dedication is required as cash in lieu of land. FORESTER/ENVIRONMENTALIST Comments: 19. The tree management plan document must be included in the homeowner association documents for nrooer maintenance of the trees PLANNING AND ZONING Comments: 20. Complete the LUI computation by identifying the allowed FAR, OSR, LSR and RSR in square feet. Aisc identify the proposed LUI elements in square feet rather than acres. 21. It is recommended, that in order to minimize the negative impacts of the adjacent railroad, the height of the proposed 2'.6" landscape buffer along the eastern property line be increased to 6 feet. 22. Add to Declaration of Covenants and Restrictions for East Ridge, Section 3.01.1 - Common Areas and Other Property, the following statement prior to the concluding sentence: "Under no circumstances shall the City of Boynton Beach be responsible for the maintenance and repair of the common areas." 23. The developer shall post a notice of"annual boundary school assignments" for students from this development on District provided 11" x 17" sign to be posted in a clear and visible location in all sales offices and models with the following language: "NOTICE TO HOME BUYERS/TENANTS" "School age children in this development may not be assigned to the most proximate public elementary, middle or high school because of School District policies regarding overcrowding, racial balancing or other boundary policy decisions. Please contact the Palm Beach County School District Boundary Office at (561) 434- 8100 to verify the most current school assignment(s) for the house addresses in this development." 24. The city commits to addressing current deficiency in neighborhood park LOS standards by amending the needs and supply methodology to better reflect actual park amenities serving individual neighborhoods, and in particular, Park Planning Area #11. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I '25. Reword #21 as follows: It is recommended, that in order to minimize the negative impacts of the adjacent railroad, the height of the p~:oposed 2'-6" landscape buffer along the eastern property line be maintained at 6 feet and planted at a height of 36". ADDITIONAL CITY COMMISSION CONDITIONS 26. To be determined. /bme c;eastddg.wpd ADDITIONAL CONDITIONS/COMMENTS FROM COMMISSION MEETING 1. Construct a 6' high perimeter wall along the North boundary line of the project. The wall is to be of CBS or pre-cast construction. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Quantum Associates, Inc., APPLICANT'S AGENT: Roscoe Biby, Kemley Horn and Associates, Inc., DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Requesting approval to establish landscaping specifications for the PID peripheral greenbelt and modify the approved sign program to include two multiple business wall signs located at the northwest and southwest corners of the intersection of Gateway Boulevard and High Ridge Road/Park Ridge Boulevard and one multiple business freestanding sign located on the east side of lot 91. LOCATION OF PROPERTY: Quantum Corporate Park, Northwest and southwest corners of the intersection of 1-95 and Gateway Boulevard. 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. 2. The Appall, ant v HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'E" with the notation "Included". 4. The Appli,?,ant's application for relief is hereby V' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 6. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: November 19, 1996 CityCOlerk EXHIBIT "E" Conditions of Approval roject name: Quantum Park (Peripheral greenbelt and modified sign program) · lie number: MSPM 96-007 Reference: The Dlans consist of 6 sheets identified as 1st Review, Maior Site Plan Modification. Fi~e #MSPM 96-007 with a Seotember 27, 1996 Planninq and Zoninq Department date stamp markinq. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. Sumit an accurate survey with the proposed sign locations, so that we may determine if the signs will be within utilities easements, or otherwise impact our utilities. FIRE Comments: NONF: POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: 2. The proposed 75' pylon sign is 55 feet taller than the 20 feet permitted by the LDR. Chap.21, Art. IV, Sec.2, par. A, pg.21-15 and Chap.21, Art. IV, Sec.2, par. B, pg.21-16. 3. The proposed pylon sign is an off-premise sign by virtue of the multiple advertisers and is therefore prohibited. Chap.2'~, Art. Il, Sec.3, par. T, pg.21-8. 4. The proposed entrance wall sign identified multiple off-premises users, and is therefore prohibited. Chap.21, Art. Il, Sec.3, par. T, pg.21-8. 5. The proposed pylon sign is approximately three times larger than maximum [~ermissible 64 sa ff Chad 21 Art. IV. Sec 2 Dar B na.21-16, PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 6. The appropriate agency (South Florida Water Management District, Lake Worth Water Management District, Florida Power and Light) shall review the landscape buffer plans to make sure the vegetation meets the criteria of each agency, if the vegetat on s planted within their easements and/or right-of-way. 7. The maintenance of the landscape buffers l including irrigation shall be the il responsibility of the Quantum Park CDD, rather than the individual lot owners. ~ ~[- 8. The peripheral greenbelt plan shall include all existing native, desirable vegetation and trees. This comment shall be placed on the plan. All exotic vegetation shall be removed from the peripheral greenbelt as part of the plan. REJECT Page 3 Quantum Park (peripheral greenbelt and modified sign program) =-ile No. MSPM 96-007 DEPARTMENTS PLANNING AND ZONING Comments: 9. The free standing sign shown on sheet S-1 at lot 91 is not allowed per the sign code reguIations. The requested sign is non-conforming with respect to height (code allows 20 feet vs. proposed 75 feet), area (code allows a maximum of 64 square feet vs. proposed approx. 252 square feet) and sign location (sign is off-premise based on the fact that the Carmax business identified on the sign is not located on the lot where the sign is proposed), The following changes are recommended: i. limit the sign face to identifying the Quantum Park name only, ii. reduce the total area of the sign face to comply with the sign code area regulations, iii. reduce the overall height of the sign structures to comply with the maximum sign code height of 20 feet. It should be noted that a 25 percent increase in area and height of the sign, above the code regulations, may be requested from the Board of Zoning Appeals. Contact the Planning and Zoning Department for a variance application to the sign code regulations. 10. For better visibility, it is recommended that the sheet S-1 project identification free standing sign be relocated from the east side of lot 91, to the northeast portion of lot 90A. 11. Add to sheet S-1, the color name, color code, manufacturer and type of material proposed for each member of the free standing sign support structure. 12. Regarding the sheet S-1 sign, to obtain some uniformity with respect to the approved Sign colors and the proposed free standing sign, it is recommended that the co,or of the perimeter of the proposed sign support structure match the color (pinegrove M- 46-009) that is specified in the current sign program for monument signs located on individual lots and the Quantum Corporate Park sign along 1-95 rather than black. 13. Add to free standing sign drawing found on sheet S-1, the color name, color code, manufacturer and type of material proposed for the sign face, sign panels and sign panel framework. 14. Specify on sheet S-1, whether the free standing sign is back-lit or reverse channel I~tters. Also indicate on the plan whether the reverse channel letters will be illuminated. 15. Submit a partial survey of the area around the location of the sheet S-1 proposed free standing sign. The survey shall identify the location, type and size of all easements df record located within the vicinity of the proposed free standing sign. ' Page 4 · Quantum Park (peripheral greenbelt and modified sign program) . '~ile No. MSPM 96-007 i 'DEPARTMENTS I INCLUDE I REJECT 16. Add to the submittal an enlarged site plan of lot 91 delineating the specific location of the sheet S-1 proposed free standing sign. The location of the sign may be identified as a general area, however, the minimum sign code setback of 10 feet from all property lines shall be shown. To ensure that the sign and landscaping structure is not located within an easement, add to the site plan all easements of record in the vicinity of the sign. Adjust the location of the sign structure and landscaping accordingly. Also, add the following note to sheet S-1: If the sign and sign landscaping are placed within an easement, written authorization approving the location of the sign and landscaping will be submitted, with the sign permit application, from all utility companies that have rights to occupy the easement(s). 17. The following landscaping is recommended, if the sheet S-1 free standing sign is approved at a height of 75 feet: four, 12 foot tall large native canopy trees; twelve, 10 gallon native multi-trunk shrubs and twenty-five, 3 gallon native hedges be spot planted around the base of the sign structure. All plants shall be placed within a sign easement. Aisc add the following landscape notes to the plan: i. All landscape material shall be Florida #1 or better, ii. installed in a sound workman like manner and ii. irrigated with an automatic water supply system. The recommended landscaping is in addition to the required peripheral greenbelt landscaping. · 18. The following landscaping is recommended, if the sheet S-1 free standing sign is approved at a height of 75 feet: four, 12 foot tall large native canopy trees; twelve, 10 gallon native multi-trunk shrubs and twenty-five, 3 gallon native hedges be spot planted around the base of the sign structure. All plants shall be placed within a sign easement. Aisc add the following landscape notes to the plan: i. All landscape material shall be Florida #1 or better, ii. installed in a sound workman like manner and ii. irrigated with an automatic water supply system. The recommended landscaping is in addition to the required peripheral greenbelt landscaping. 19. It is recommended that a legal description be prepared that identifies a sign easement for the sheet S-1 free standing sign. The sign easement shall include a 12 foot wide access to the sign from a dedicated public or private road and include sufficient area around the sign structure to allow for installation, repair and maintenance of the structure and landscape material. The legal description of the sign easement shall be dedicated to the Quantum Park CDD for perpetual maintenance of the sign and landscaping located within the easement. A copy of the recorded easement shall be submitted with the permit application for the free standing sign. ' Page 5 · Quantum Park (peripheral greenbelt and modified sign program) ~ Cqe No. MSPM 96-007 DEPARTMENTS I iNCLUDE I REJECT 20. The wall structure and walls signs shown on sheet S-2 are not allowed per the zoning code and sign code regu[ations~ The requested wall signs are non-conforming with respect to height (zoning code allows a maximum wall height of 6 feet for wail,, located outside of the buildable area vs. proposed 9.5 foot tall walls - no setback dimensions were identified to show the location of the wall structures with respect to the buiIdable area), area (code allows a maximum of 64 square feet vs. proposed approx. 225 square feet) and sign location (sign is off-premise based on the fact that the Carmax business identified on both of the wall signs is not tocated on the lot where the signs are proposed). It is recommended that both wall structure/signs be approved if the following changes were made to the request: i. Both of the proposed wall signs were limited to a sign face that identified the Quantum Park project name on[y, ii. the total area of the sign face on each structure complied with the sign code area regulations, iii. the overall height of the sign structures complied with the zoning code maximum height regulation of 6 feet if the sign is located outside the buildable area. If the location of the sign structure is within the buildable area the requested height would be acceptable. I:t should be noted that a 25 percent increase in area of the sign above the code regulations may be requested through a Board of Zoning Appeals variance application. A request to increase the wall height above 6 feet may also be requested through a Board of Zoning Appeals variance request. Contact the Planning and Zoning Department for a variance application. 21. Add to sheet S-2, the color name, color code, manufacturer and type of material proposed for each member of both wall structures that support the signage depicted on the submitted plans. 22. To obtain uniformity between the approved sign colors and the proposed wall signs, i! is recommended that the color currently approved for the background of the individual lot monument signs (pinegrove M-46-009)be added to the wall structure t;-im such as; the end columns and the diamond shaped feature located at the center Of the wall. 23. Submit a partial survey of the area around the location of each of the proposed wall ~ign structures. The survey shall identify the location, type and size of all easements Of record in the vicinity of the proposed wall sign structures. Page 6 Quantum Park (peripheral greenbelt and modified sign program) "-~le No. MSPM 96-007 IDEPARTMENTS I INCLUDE I REJECT 24. Add to the submittal an enlarged site plan of each lot where the wall signs are proposed. The site plan shall delineate the specific location of the proposed wall structure/signs. The location of the sign may be identified as a general area however, the minimum sign code setback of ten (10) feet from all property lines shall be shown. Add to each site plan of each wall sign the 25 foot omsite line of sight triangle, required by the zoning code, that shows the area that is required to be kept clear and unobstructed to allow cross visibility where the wall signage is located at the corner of a corner lot. Also, add to the plan the 35 foot on-site line of sight triangle, required by the landscape code, that shows the area that is required to be kept clear and unobstructed between 30 inches and 6 feet to allow cross visibility through landscaping material that is located at the corner of a corner lot. To ensure that the s gn structures are not located within an easement add to the site plan all easements of record located within the v cinity of both wall structures. Adjust the Ipcation of the wall sign structures and landscaping accordingly and add the following note to sheet S-2: If the sign and sign landscaping are placed within an easement, Written authorization approving the location of the sign and landscaping will be submitted, with the sign permit application, from all utility companies that have rights to occupy the easement(s). 25. It is recommended that a legal description be prepared that identifies a sign easemenl for each wall sign structure. The sign easements shall include an access to the sign from a dedicated public or private road and include sufficient area around the sign Structures to allow for installation, repair and maintenance of the structure and landscaping. The legal description of the sign easements shall be dedicated to the Quantum Park CDD for perpetual maintenance of the sign structure and landscaping 10cared within the easement. A copy of the recorded easement shall be submitted With the permit application for each wall sign structure. 26. Add to the site plan the foundation landscaping that is required around the base of each wall sign. It is recommended that a five (5) foot wide bed of native flowering groundcover be installed at twelve inch centers around the entire sign structure at both locations, it is further recommended that more than one specie of material be Used. All plants shall be placed within the sign easement. Also add the following landscape notes to the plan: L/ i.; All landscape material shall be Florida #1 or better, ii~ installed in a sound workman like manner and iii irrigated with an automatic water supply system. 27. It is recommended that the design (letter style) and color of the recommended Quantum project name signage for both wall signs and the sheet S-1 free standing sign match. 28. Add to sheet B1 a distinguishable symbol that represents the perimeter of the Quantum Park PID as described in Ordinance 84-51 including the land referenced in Ordinance 96-45. V,/' 29. Amend sheet B1 to show and identify the zoning classifications that abut the subject PID properties as identified on the Current Zoning Map. 30. Indicate on sheet B1, in note form, that the Comprehensive Plan states the land located west of lot 83 is designated for a planned industrial development zoning classification and the peripheral greenbelt for the Quantum PID in this area shall be 25 feet wide rather than 40 feet. ' Page 7 Quantum Park (peripheral greenbelt and modified sign program) ~-~le No. MSPM 96-007 I'DEPARTMENTS I INCLUDE I REJECT 31. Omit from sheet B1, the 0 foot wide and 5 foot wide buffer symbol from the legend and plans, and replace with either a 25 foot wide buffer required where the subject property abuts a commercial, or industrial zoned property, or a 40 foot wide buffer where the subject property abuts a residential zoned property. The only exception to implementing the greenbelt buffer requirements would be the lots or tracts of land that are identified as a water management area or where there is an existing environmental requirement. As discussed at the October 29, 1996 TRC meeting, it is recommended that the applicant contact the city's environmentalist/forester, Kevin Hallahan, to determine which lots fall into these categories. Once the lot or lots that are environmentallly protected or designated as water management tracts have been delineated and verified by the forester, indicate them in note form on sheet B1. t.,,, However, the required peripheral greenbelt width shall be shown and identified or Sheet B1 for all perimeter lots. A reduction in the width of the required peripheral greenbelt requires approval of a Board of Zoning Appeals variance application. 32. Add to the lots that are identified on sheet B1 as "indicates parcel not included" a distinguishable symbol and dimension that identifies the appropriate buffer width of 25 feet wide or 40 feet wide. Also indicate on sheet B1, in note form, at lot 90A that · e Board of Adjustment on April 17, 1995 granted approval of case ~,'204 to reduce the required 40 foot wide peripheral greenbelt along the east property line to 0 feet. To clarify the areas shown on sheet B1 as "indicates parcel not included" it is ~/' recommended that the following note be added, "peripheral greenbelt landscaping for these areas is shown on the individual site plans". 33. Omit the symbol that represents "indicates parcel not included" found on lot 88 and Show in its place the proper location and size of the peripheral greenbelt. Lot 89A and lot 92 (northeast corner) are developed and the symbol and note apply to that lot. Also omit the symbol from the east half of lot 46B and 47C. This portion of the site is not developed and should be included with the proposed buffer plan. 34. Add the following general landscape notes to sheet BI: i. All plant material shall be graded Florida #1 or better ii. All landscape material shall be installed in a sound workman like manner. iii. All landscape material shall be irrigated with an automatic water supply system. Page 8 Quantum Park (peripheral greenbelt and modified sign program) '-~le No. MSPM 96-007 DEPARTMENTS I INCLUDE I REJECT 35. Submit a survey of each perimeter lot shown on sheet B1. The survey shall include the location, type and size of all easements of record. Place a note on Sheet B1 indicating that written approval from all utility users and outside agencies that have rights to the Quantum lots, shall be submitted with a permit application to install the buffer landscaping. Considering that the applicant is requesting the buffer plan be implemented on a lot by lot basis and staff's objective is to produce a uniform buffer around the project, it is recommended that written authorization from all parties/utility users and outside agencies) granting approval to install all landscape material as shown on the approved site plan be submitted to the Planning and Zoning Department prior to the first buffer being implemented on any perimeter lot. Following landscape approval from alt utility users and outside agencies, it is recommended that a ~andscape easement be dedicated on each lot for the required peripheral greenbelt landscaping. To remain consistent with zoning code terminology it is recommended that the title of the easement be identified as peripheral greenbelt. The legal description of the easements shall be dedicated to the Quantum Park Property Owners Association, Inc. for perpetual maintenance of the landscaping and irrigation located within the easement. A copy of the recorded easement shall be submitted with the permit application for the installation of the landscaping. 36. To ensure that the buffer is uniform around the project, it is recommended that if the utility companies and outside agencies do not approve of the landscape material as ~pecified on the proposed site plan, the applicant will submit for a new site plan approva for peripheral greenbelt landscaping. The new site plan shall show the landscaping that each utility user and outside agency will allow to be planted within the required peripheral greenbelt area. If the proper buffer is not obtained with the buffer plan that the outside agencies and utility users approve, the new submittal may require shitting the greenbelt out of the easement. 37. Grass only shall be located on the portion of perimeter lots that is encumbered by a SFWMD right-of-way/easement or LWDD right-of-way/easement. 38. It is recommended that the approved perimeter greenbelt landscaping be installed on a perimeter lot by lot basis. Building improvements, on a perimeter lot, will not r~ceive a certificate of occupancy until the approved perimeter landscaping permit is finaled or the approved perimeter landscaping material is installed as part of the building permit for their perimeter lot. Place a note on sheet B1 indicating that the peripheral greenbelt will be installed on a lot by lot basis and the use of existing native vegetation and trees within the peripheral greenbelt will be evaluated at time of site plan review for the lot. 39. It is recommended that on sheet B2 (25 foot wide buffer) the spacing of the Date Palms be shown and dimensioned at a maximum spacing of 50 foot center to canter. Page 9 Quantum Park (peripheral greenbelt and modified sign program) ,~"le No. MSPM 96-007 iDEPARTMENTS I INCLUDE I REJECT 40. Specify on sheet B2 the quantity, size and spacing of ground cover, medium shrub and medium shrub (with medium texture) landscape material. It is recommended that the required 25 foot wide buffer area be indicated with a typical fifty foot long section. The typical plan view section drawing shall include a width and length dimension of the buffer. The drawing shall also include a labeled symbol that represent the location and specie of lawn grass, ground cover, shrub, hedge, tree and palm landscape material. Accompanying the plan view drawing shall be a plant list that identifies the common and botanical name of the plants with a specific symbol representing the native species. The plant list shall also indicate height, spacing and quantify of material including any other planting specifications necessary to identify the plant. The minimum code requirement for tree or palm height is 8 feet and the minimum hedge height is 18 inches at time of planting. The code requirement for minimum spacing for hedge material is two feet center to center. The recommended minimum spacing for ground cover is twelve inches center to center and the recommended size specification for ground cover material is one gallon. The recommended minimum spacing for medium shrub (with medium texture) is 10 gallon and the recommended minimum spacing for the medium shrub is five feet center to center. Amend the plans accordingly. The design of the 25 foot wide peripheral greenbelt is acceptable, however, existing native landscaping, other code requirements including the veh cie use area landscape area and material screening · required by the landscape code. 41. Specify on the lower portion of sheet B3 the quantity and spacing of Iow ground cover, mediu~Wtall shrub, accent tree, canopy tree and palm tree landscape material. It is recommended that the required 40 foot wide buffer area be indicated with a typical one hundred foot long section. The typical plan view section drawing shall include a width and length dimension of the buffer. The drawing shall also include labeled symbols that represent the location and specie of lawn grass, ground cover, Shrub, hedge, accent tree, canopy tree and palm landscape material. Accompanying the plan view drawing shall be a plant list that identifies the common and botanical name of the plants with a specific symbol representing the native species. The plant list shall also indicate height, spacing, quantity of material and any other plant specificat on necessary to identify the plant. The minimum tree or palm height is 8 feet and the minimum hedge height is 18 inches at time of planting. The minimum spacing for hedge material is two feet center to center. The recommended minimum spacing for ground cover is twelve inches center to center and the recommended minimum size specifications for ground cover is one gallon. The recommended minimum spacing for medium/tall shrub is 10 gallon and the recommended minimum spacing for the medium/tall shrub is five feet center to center. It is further recommended that the accent trees be eight feet tall at planting and the canopy and palm ti'ees be twe ve foot tall at time of planting. Amend the plans accordingly. The design of the 40 foot wide peripheral greenbelt is acceptable, however, existing native landscaping, other code requirements including the vehicle use area landscape area and material screening required by the landscape code. .. 42. The content of the site plan drawings and the permit plans are subject to compliance with all applicable city code of ordinances. It is the applicant's responsibility to show compliance. Additional comments may be generated following the review of subsequent submitted plans. 43. If recommendations are approved by the City Commission, incorporate them into the working drawings required for permits for the proiect. Page 10 Quantum Park (peripheral greenbelt and modified sign program) -~le No. MSPM 96-007 DEPARTMENTS I iNCLUDE I REJECT 44. Amend the plans to comply with the final determination of the Board of Zoning Appeals Case Number 226 regarding the reduction of the peripheral greenbelt along the east property line of the project, It is recommended that a note be placed on the plans that briefly describes the request, the file and case number (BZAV 96-010 Case ~ #226) and the date the final determination was made. 45. As a courtesy to the applicant, staff has attached the Carmax sign drawings to the modified sign program. The proposed thirty (30) foot tall internally illuminated pylon sign, designated on the submitted plans, as P-l, and shown in the southeast comer of the Carmax site exceeds the maximum sign code height of twenty (20) feet by ten (10) feet and the proposed 186 square foot sign area exceeds the code allowed sixty- four (64) square feet by 122 square feet. The pylon type sign is not currently listed as a tenant identification sign in the sign program; this is a modification. Twenty (20) feet is the maximum height allowed by the sign code for free standing signs. However, a variance for an additional 25% above the code height may be granted by J the Board of Zoning Appeals. Therefore, the maximum height allowed with approval of a variance is 25 feet. Indicate whether the proposed pylon type sign will replace the monument sign for the remaining sites in the project or whether it is in addition to the monument sign. 46. Pylon signage along 1-95 is not recommended, as rear wall signage will provide visibility from 1-95. If this sign is approved for lots that have frontage along 1-95, the size and height of the sign shall comply with the sign code regulations and comply with the sign regulations regarding colors as specified in the Community ~ Design Plan (1 square foot per 1 linear foot of building frontage). The light grey color of the proposed pylon sign structure and the blue background of the sign face with yellow and white text are consistent with the Carmax corporate colors and comply with the color limitation specified in the Community Design Plan. 47. If pylon signage along 1-95 is approved, it is recommended that the type of illumination for the proposed pylon sign be changed from internally illuminated to external lights focused on the sign face. / 48. The proposed pylon sign is located in a FP&L easement which will require an easement release from all parties that have access to the easement area. Written authorization that the sign may occupy the easement will be required from all utility / companies. 49. The proposed seven (7) foot tall, 52.682 square foot internally illuminated monument sign, designated on the submitted plans, as M-l, and shown in the southwest comer of the Carmax site matches the type (monument sign) of tenant identification signs specified in the sign program. However, the sign exceeds the sign program overall height of 3'-6" by 3'~6" feet and the approved 28.5 square foot sign area by 24.182 square feet. The proposed colors do not match the approved colors which are ~ pinegrove M-46-009 for the base of the sign, beige 180-49 for the sign text and tan 180-39 for Iogos versus the proposed sign colors blue and light grey sign base and a sign cabinet with a yellow, white and blue sign face. It is recommended that the p?posed monument sign be amended to comply with the current project identification sign regulations. It is further recommended that the internally illuminated sign face be changed to a ground lights focused on the face of the monument sign. This type of illumination would be added to the sign program which would give the tenants that have existing monument signs the opportunity to add ground light to illuminate their s!gns. Page 11 Quantum Park (peripheral greenbelt and modified sign program) c~,le No. MSPM 96-007 DEPARTMENTS 50. The proposed monument sign is located in a railroad spur easement which will require an easement release from the holder of the easement. 51. To maintain continuity with regards to design and color of signs located within the park along the internal public rights-of-way and the many other existing signs located throughout the project, it is recommended that the existing sign colors, and design remain consistent with the sign program specifications. 52. It is recommended that the proposed directional signs which are two (2) foot six (6) inches tall including an area of 100 square inches and identified as a row sign, designated as R on the submitted plans, being added to the Quantum sign program be allowed for all sites in the project. 53. It is recommended that the proposed 16 square foot sign panel that will be attached to the light poles and identified as a category sign, designated as C on the submitted plans, being added to the Quantum sign program be allowed for ail sites desiring to Sectionalize large vehicle areas. This type of sign is not addressed in the sign code. However, the sign code allows flexibility with respect to type of signs. 54. It is recommended that the proposed directional signs designated as D-1 and D-2, On the.submitted plans, which are three (3) foot tall and approximately 4.5 square feet in area being added to the Quantum sign program be allowed subject to the signs complying sign code setback regulations. i 55. The location of the sign designated as D-2 is not shown on the plans. Amend the plans accordingly 56. It is recommended that the design and color of other site related signs identified as sign D-3, D-4, D-5 and D-6, on the submitted plans, being added to the Quantum sign program be al owed for all lots desiring them. 57. Submit one set of color elevation view drawings and three site plans delineating the location of all signs being added to the approved sign program. 58. Place a note on the plans stating that wall signs are excluded from the sign program and shall be allowed subject to compliance with the sign code and Community Design Plan. 59. Landscape easements to encompass the peripheral greenbelt shall be dedicated tO the Quantum Park CDD. 60. Itl is recommended that the Carmax monument sign be reduced in size to match the existing lot signs in Quantum due to the signage on Carmax building proposed a~d to the inherent visibilit,v of the Carma× lot, the ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 61. No more than 3 business names (in addition to the name of Quantum Park) shall be ., advert sed on the pylon sign on lot 91 near the Gateway Boulevard/I-95 interchange. 62. Idtemal illumination for the wall sign at High Ridge Road and Gateway Boulevard, the 1-95 pylon sign on lot 91, the Carmax monument sign along High Ridge Road and the ' Qarmax pylon sign facing 1-95 shall be allowed. Page 12 Quantum Park (peripheral greenbelt and modified sign program) :!le No. MSPM 96-007 DEPARTMENTS 63. The wall signs at High Ridge Road and Gateway Boulevard shall be limited to the southwest corner of the intersection and reduced in size to six feet high and proportionally reduced in length with an 18 inch high design projection above the top of the wail. 64. Consistent with page four of the staff report, if the 1-95 pylon sign on lot 91 is approved, it shall not exceed twenty feet in height (25 feet in height with approval of a Board of Zoning Appeals variance) above the point of the Gateway Boulevard/I-95 off ramp (a height of 35 feet at the highest point) to which the sign is across from. 65. Add to the end of comment 6 - "and if the agency has regulations regarding planting in their easements and rights-of-way." 66. Reword comment 27 to derete the last sentence regarding illumination. 67. Reword comment 39 to allow 60 foot spacing, rather than 50 foot. 68. Reword comment 40 to delete the last three sentences. 69. Reword comment 41 to delete the last three sentences, 70. Reword first sentence of comment 46 to read as follows: Individual lot pylon signage facing 1-95 is not recommended, if the Commission approves the 1-95 pylon sign on lot 91 near the Gateway Boulevard/l-95 interchange, as rear wall signage will provide visibility from 1-95. 71. Delete comment 2. 72. Delete comment 3. 73. Delete comment 4. 74. Delete comment 5. 75. Delete comment 9. 76. Delete comment 10. 77. Delete comment 12. 78. Delete comment 14. 79. Delete comment 17. 80. De ete comment 18. 81. Delete comment 22. 82. Delete comment 35. 83. Delete comment 37. 84' Delete comment 47. 85. D~lete comment 49. 86. D~lete comment 51. Page 13 Quantum Park (peripheral greenbelt and modified sign program) ~le No. MSPM 96-007 'ADDITIONAL CITY COMMISSION CONDITIONS 87. To be determined. /bme c:quant-gbl ADDITIONAL CONDITIONS/COMMENTS BY CITY COMMISSION 1. The size and height of the Carmax sign facing 1-95 shall comply with the sign code regulations and comply with the sign regulations regarding colors as specified in the Community Design Plan (1 square foot per 1 linear foot of building frontage). The light grey color of the proposed plon sign structure and the blue background of the sign face with yellow and white text are consistent with the Carmax corporate colors and comply with the color limitation specified in the Community Design Plan. 2. The proposed Quantum Park Multi-tenant pylon sign along 1-95 is not permitted. 3. Telephone signs are permitted on light poles. LOCATION MAP QUANTUM PARK RIAA ' RI C,T~.! ~3 PIDI 'MOTOI f '0 1/8 MIL .400. '800 DEVELOI~MENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Quantum Associates, Inc., APPLICANT'S AGENT: James G. Willard, of Shutts and Bowen DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Requesting site plan approval to construct a 53,072 square foot auto sales facility on 13.678 acres in Quantum Park. LOCATION OF PROPERTY: Quantum Corporate Park, east side of the High Ridge Road, approximately 800 feet south of Gateway Boulevard (lots 77,78, 79 and 80). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. / 2. The Ap ~pli~ant V HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The condition~ for development requested by the Applicant, administrative staff, or suggested by the p~blic and supported by substantial competent evidence are as se~ forth on Exhibit "C" wi~h the notation "Included". / 4. The Applic}~nt's application for relief is hereby ~/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Olher: DATED: November 19, 1996 Ciiy~lerk - City Attorney,--' LOCATION MAP CAR MAX I:IIAA .' EXHIBIT "C" Conditions of Approval Project name: Carmax File number: NWSP 96-010 Reference: The clans consist of 27 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-010 with an October 8.1996 Plannin(3 and Zoninc~ Department date stamp markinq. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: 1. The.site plan, as submitted, cannot be approved because the Sanitation Division would not have a clear, safe access to the solid waste container. Move the dumpster enclosure approximately 30 feet to the north and provide an exit only ~ earess onto Hiah Ridae Road UTILITIES Comments: 2. No trees, except Palm trees, will be allowed within utilities easements (Sec. 7.5- 18.1). 3. Dept. of HRS permits will be required for the water and sewer systems serving this 'project. 4. Fire hydrants shall be located within 200 feet of any point on all buildings (Chap. i 6, Art. III, Sect. 16 - Land Development Regulations). FIRE Comments: 5. At the time of permit issuance the applicant needs to provide appropriate specification for the following issues: a. Gate clearance c. Fire lanes : d. Egress from service court, west side (i.e. new exit only gate) ' e. Relocation of hvdrants and fuel disoenser~, POLICE i Comr~ents: 6- ! Provide drawings clarifying the proposed median cuts and turn lanes on High Ridge ENGINEERING DIVISION Comments: 7. i Revise documents to reflect all comments. DEPARTMENTS 8. All plans submitted for specific permits shallmeet the c'ty s code requ rements 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. 9. No building, structure, screen enclosure, pool, or portion thereof is allowed withir setbacks, either now or in the future. Chap. 1, Art. Il, pg. 1-30. 10. Vehicle wash drain and floor drain must be pretreated prior to discharge. Chap. 2, Sec.4N11b, pg.2-14. 11. Car wash shall be fully automatic and recycle all water used. Chap.2, Sec. 11L3e(4)(c) I & 2, pg. 2-113. 12. Drawing statement must address the effects of the anticipated design discharges on the existing drainage system. Chap.6, Art. IV, Sec.5A, pg.6-7. 13. Provide certification by developer's engineer that drainage plan complies with a~l city codes and standards. Chap.6, Art. V, Sec.5A, pg.6-7 and Chap.23, Art.lIF, pg.23-8. 14. Minimum 15" pipe must be used in storm sewer. Chap.6, Ad. IV, Sec.5A, pg.6-7. 'J5. Inlets must be in grassy areas. Chap.6, Art. IV, Sec.5B, pg.6-8 and Chap.23, Art. llF, pg.23-8. 16. Parking lot section must conform to city code. Chap.6, Art. IV, Sec. 10F, pg.6-12. 17. Provide details for pavement, grates, pipes, catch basins, etc. Chap.6, Art. V, Sec.4B2e, pg.6-20. 18. Top of drainage pipes must not interfere with subgrade. Chap.6, Art. V, Sec.4B2i(6), pg6-20. 19. , Comply with Chap.7, pg.7-1 regarding surety requirements. 20. All landscaped areas shall be provided with an automatic water supply system. Chap.7.5, Art. Il, Sec. SB, pg.7.5-14. 21. Specify clear sight triangles at a~l driveways and adjust landscape plan if needed. Chap.7.5, Art. Il, Sec.5H2, pg.7.5~17. 22. Excavation and/or fill permits will be required. Chap.8, Art.i, Sec.2,pg.8-1. 23. Not more than two free standing signs are allowed. Chap.21, Art. IV, Sec.3B, pg.21- 24. : Permits must be obtained for work within R.O.W. Chap.22, Art. Il, Sec.7A, pg.22-3. 25. Location of proposed curbs is not clearly defined on the drawing. Chap.23, Ar~.l, , Sec.5B15, pg.23-5. 26. ' Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must conform with city codes and standards. Chap.23, Art. fi, pg.23-6. 27. I Provide a satisfactory lighting plan. Chap.23, Art. llA, pg.23-6. 28. ~ PhotometrJcs must be approved for both pedestrian and parking lot lighting before ipermit can be issued. Chap.23, Art.llAla, pg.23-6. Page 3 Carmax File No. NWSP 96-010 29. Certifl/ that light poles are in compliance with Standard Building Code and withstand a 110 mph wind load. Chap.23, Art. llAla, pg.23-6. 30. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices". Chap.23, Art. liB2, pg.23-7. 31. No trees shall be planted so as to interfere with lighting fixtures. Chap.23, Art. llAb pg.23-7. 32. Landscaped areas in parking lots must be protected by wheel stops or curbs. Chap.23, Art. liE, pg.23-7. 33. Concrete curb must conform to city standards. Chap.23, Art. liE, pg.23-7. 34. Major driveway must have 100' clear to 1st access aisle unless variance granted , prior to permit. Chap.23, Art.llH5, pg.23-9. 35. Provide 27' backup area, all stalls. Chap.23, Art. Il,Il, pg.23-9. 36. Parking stall minimum 18' long. Chap.23, Art. Il,Il, pg.23-9. 37. i Provide required fire lane markings and signage. Chap.23, Art. llM, pg.23-9. 38. Provide location and details of fire lanes. Chap.23, Art. llM, pg.23-9. 39. Provide continuation of sidewalk thru all driveways to mark pedestrian paths. Chap.23, Art. Il, Sec. P. pg.23-10. 40. paint handicap pavement symbols white. Sheet 9 of FDOT Index 17346. 41. Signs must be consistent with Quantum Park sign program. LDR Chap.21, Art. IV, ' Sec.7, pg.21-20. 42. Submittal is in violation of Conditional Use Development Order issued July 16, ~ 1996, in that vehicle storage area exceeds 15% of the site. 43. Submittal is in violation of Conditional Use Development Order Planning and i Zoning comments and Planning and Development Board comments with respect ~ to fencino and screeqiR~l, PARKS AND RECREATION Comments: NONE FORESTER/ENVIRO NM ENTALIST 44- ,i The trees which can be relocated shall be moved to the greenspaces on the site. 45. The trees which must be removed due to site constraints shall be replaced and , shown on the landscape plan. *Items 48 and 49 are in accordance with Environmental Regulations 7.5, Section ,13, page 3. 46. Submit a letter to the city stating whether the site will be a micro-site on behalf of the Quantum Corporate Park. (Treasure Coast Regional Planning Council requirement of the original Development of Regional Impact document). Page 4 Carmax File No. NWSP 96-010 47. The.applicant shall landscape the site adjacent to the 1-95 Interstate roadway in accordance with the City Commission comments of their July 2, 1996 meeting. The relocation of existing trees may assist in creating the visual buffer as discussed at this referenced C~3mmission rneetin~, PLANNING AND ZONING Comments; 48. Off-street parking requirement for PID zoned properties is one and one-half (1 1/2) parking spaces for each two (2) employees on a maximum shift. In addition visitor parking adequate to serve the needs of the dealership operation needs to be provided. The submitted site plan contains calculation based on square footage of the building. Amend the parking calculations appropriate(y. 49. Modify al~ site signs to comply with the approved master sign program or the results of the modified sign program approval being processed concurrently. 50. Provid? elevations of the building 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 ofe00 hundred feet from the building. 51. Dumpster and service areas shall meet the design standards as described in Chapter 7.5, Article II, Section 5.J., and Chapter 9, Section 10.C of the Land Development Regulations. Amend the drawings to meet the requirements. Specifically, show the required landscaping along the back and sides of the service area and dumpster enclosure. 52. Provide a unity of title combining the lots proposed to be developed under the Carmax site plan for staff review, prior to recording. 53. On the Landscape Plan, Sheet LA-l, amend the tabular summary of the planting matedal to include calculations for "shrubs required by the code" category. These calculations shall be based on the 24" o.c. spacing requirement of the perimeter distances of the parcel. 54. Indicate the spacing proposed for required perimeter trees. Note that the required trees in landscape buffers adjacent to right-of-ways shall be spaced a maximum of 40 feet o.c. This requirement is not met at several locations. 55. A continuous hedge shall be provided in all landscape buffers adjacent to rights-of way. A part of the buffer along the eastern property line, just behind the Quantum Corporate Park sign, is missing. If there is an existing continuous hedge meeting the city's landscape code specifications, incorporate this hedge, as an existing landscape material, into the landscaping plan. 56. It is recommended that, in order to better screen the vehicular use area, a perimeter hedge be planted north of the display lot. 57 Establish an access easement from the Carmax property to the existing Quantum Corporate Park sign and a maintenance easement around the sign. Both easements shall be dedicated in perpetuity to the Quantum Park Property Owners Association or Quantum Community Development District (CDD). Page 5 Carmax ~File No. NWSP 96-010 DEPARTMENTS I iNCLUDE I REJECT 58 It is recommended that an easement be established, recorded and dedicated in perpetuity to the Quantum Park Property Owners Association or CDD for the peripheral greenbelt. 59. Submit to the Planning and Zoning Department a presentation board containing V,,/ samples of all exterior building mafadals to be used for construction. 60. According to the development order for Quantum Park PID dated July 2, 1996 comment number 6, the loading/unloading area and the staging area combined together are considered to be an exterior storage area and limited to no more thar 15 percent of the total size of the site. (This area is estimated to be approximately 60 percent of the site.) 61. Provide a more detailed drawing of the vinyl clad woven mesh fence proposed. The information submitted is inadequate to determine whether it meets the intent of the Planning and Development Board's/Commission's condition regarding . screening. 62. Lot 77 is abutting a residential district to the east. Increase the width of the peripheral greenbelt to 40 feet, as required by the code if the pending Board of Zoning Appeals variance from this requirement for a reduction to 25 feet is not approved. Proposed landscape matedal within the peripheral greenbelt, shown on the LandscaPe Plan, Sheet LA-l, shall comply with the approval of the greenbelt design standards application in progress. 63. Submit traffic information indicating the number of PM peak hour tdps generated by the proposed use, the aggregate peak hour trip generation for all lots served by , Park Ridge Boulevard and the total (to date) of the trips per day generated by the PID. : 64. The minimum width of parking aisles is 27 feet. On the Site Plan, sheet SP-1, / , the dimension of the southernmost parking aisle is 25 feet. Amend the site plan to include appropriate width of the aisle or submit a parking variance application to the Planning and Zoning Department. 65. Wall signs are not a part of the Master Sign Program for Quantum Park PiD. It is recommended that the proposed wall signs for Carmax be approved administratively if at permit time, the signage complies with the Sign Code and Community Design Plan regulations stated in the LDR. 66. The site plan approval is subject to compliance with the Environmental Review / ' Committee conditions. An environmental review permit is required. 67. The third access to the property, as requested by the Public Works Department, ;requires a Board of Zoning Appeals variance to be filed with the Planning and Zoning Department. Issuance of a building permit will be conditioned upon the variance being granted. 68. Chapter 9 - Community Design Plan, Section 11 .J requires that no overhead doors ishall be located on an elevation of the building that faces certain public road or iprivate roads (such as High Ridge Road). Amend the west elevation drawings of the Carmax building and the carwash structure to eliminate the overhead doors ~v,/' Ifrom these elevations or submit an administrative appeal request from this !requirement to the Plannin9 and Zonin9 Department. Page 6 Carmax File No. NWSP 96-010 DEPARTMENTS 69. The Carmax monument sign at the southwest comer of the Carmax site shall be redesigned to match the wall sign proposed at High Ridge Road and Gateway Boulevard with a size not to e×ceed the a~isfina lot sians at Ouantum Pa~,, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 70. The Planning and Development Board supports the approval of the Board of Zoning Appeals variance referenced in comment 67. 71. , Provide wheelstops in customer parking area. 72. The Carmax monument sign at the southwest corner of the Carmax site shall be redesigned to match the wall sign proposed at High Ridge Road and Gateway Boulevard. 73. The Carmax sign facing 1-95 shall be deleted if the Commission approves a I Quantum Park multi-tenant pylon slain alon~l 1-95. 74. Delete comment 42. 75. Delete comment 43. 76. Delete comment 47. 77. Delete comment 55. 78. Delete comment 60. 79. Delete comment 68. 80. ' Reword comment 51 as follows: Dumpster and service areas shall meet the design standards as described in Chapter 7.5, Article II, Section 5.J., and Chapter 9, Section 10.C of the Land Development Regulations. Amend the drawings to meet the requirements. Specifically, show the required landscaping alon~ the sides of the service area and dumpster enclosure. ADDITIONAL CITY COMMISSION CONDITIONS ADDITIONAL CONDITIONS/COMMENTS FROM COMMISSION MEETING 1. The proposed Quantum Park Multi-tenant pylon sign along 1-95 is not permitted. ~ f~~U~ ~)~tLVTL~ DEVELOPMENT ORDER ~ ~,'~0%/~Z.Z..C~ f~ Of THE APPLICANT: CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Michael MortonI Tradewinds Group APPLICANT'S AGENT: Anna Cotrell, Agent for the Tradewinds, Inc., DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Major Site Plan Modification. Requestin,q approval to modify the approved si,qn program. In addition to the freestanding si,qns that have already been approved, additional si,qnage is requested, more specifically, new freestandin,q (monuments) and wall si,qna,qe for outparcels and main building tenant(s). LOCATION OF PROPERTY: Southeast and southwest corners of the intersection of S.W. 8th Street and Woolbri.qht Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of B0ynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applic~ ~/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the notation "Included". The Applica~'s application for relief is hereby ~/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: November 19, 1996 'Ci{y~lerk "-- , Attorney/// LOCATION MAP SHOPPES OF WOOLBRIGHT PCD LUI:5.O ,BRIGHT ~L. AI~E' REC pi EXHIBIT "C" Conditions of Approval Project name: ShoDDes of Woolbriqht PUD - Sic~n Proaram File number: MSPM 96-005 Reference: The plans consist of 9 sheets identified as 1st Review. Maior Site Plan Modification. File #MSPM 96-005 with an September 25, 1996 Planninq and Zonina Department date stame marking. PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE comments: NONE DEvELoPMENT DEPARTMENT Comments: 1. Reference sign locations by dimension to property lines. Chap.21, Ad.I, Sec.5B 2. : Designate tenants for all ground signs. Chap.21, Ad.i, Sec.5K, pg.21-3. 3. Provide justification for proposing more than one pylon sign for Home Depot. Chap.21, Art. IV, Sec.3B, pg.21-17. 4. : Provide justification for proposing additional ground signs on Parcel 3. Chap.21, Ad. iV, Sec.3G, pg.21-17. 5. Walmart and Discount Auto signs are limited to 64 sq. ft. Chap.21, Art. IV, Sec.2B, pg.21-16. 6. Reader board for Burger King must be part of ground sign subject to code I specified maximum size. Chap.21, Art. IV, Sec.2D, pg.21-16. 7. i Show colors, lettering types, Iogos. Chap.9, Sec.101, pg.9-5. 8. RaceTrac wall sign is limited to code specified maximum size. Chap.21, Art. IV, ~ Sec.2C. u? 21-16, PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST CoMments: 9. i The applicant shall identify any existing trees which may be affected by the I [~lacement of the Dronosed s ~n~; PLANNING AND ZONING Comments: 10. Provide a clear identification system correlating the table of contents with the submitted sheets. All cross-references included in the project shall be made in reference to the sheet code as identified in the table of content. 11. On the site plan, sheet 2 of 9, distinguish locations of existing and proposed signs. 12. No business identification (sign copy) was submitted for the monument sign proposed for the northernmost portion of Parcel "C". Provide a note on the master plan that the approval of this sign is limited to location only. A subsequent submittal of the sign copy shall meet the conditions (regarding color and helvetica letter style) of this sign program approval, otherwise a future revised sign program (Major Site Plan Modification) will have to be submitted for review and approval by the City Commission. 13. On sheet 5 of 9, specifications for typical store signs are laid out. Clarity in which locations these typical store signs are to apply. 14. AIl signs proposed must meet the minimum setback requirements of 10 feet. On the master plan include all required setbacks. Also, provide colored elevation drawings of the missing sign elevations for Burger King and Discount Auto at the Planning and Development Board meeting with color samples of ali materials , to be used in manufacturing and constructing the signs. 15. City's LDR, Chapter 9 - Community Design Plan allows only two (2) colors, (except for white and black) to be used for signs in shopping centers. On the site plan, sheet 2 of 9 include a tabular summaq/of a[I colors proposed for the signage in this development. Markwith an asterisk colors already approved by the City Commission. 16. If colored elevations of all proposed signs, as required by the LDR, Chapter 4, Section D are not submitted for the Planning and Development Board meeting, it is recommended that the elevations go back before the Commission as a future site plan approval, prior to application for permit. 17. Chapter 9 of the LDR, Community Design Plan, Section 10.1.2 requires that a single sign style shall be used for wall signage on all buildings on the site signs are predominately channel. Therefore comply with this requirement of the city code or file an application for a Community Design Plan appeal from this code provision. 18. Chapter 9 of the LDR, Community Design Plan, Section 10.1.8 allows only one lettering style, in addition to the lettering styles of the nationally registered copy, to be used by all tenants/outparcel owners in the PCD. Signs are currently helvetica. Comply with this requirement of the city code or file an application for a Community Design Plan appeal from tl~is code provision. (Burger King's letter style must be changed. No letter style information was submitted for the remaining uses.) Page 3 Shoppes of Woolbright PCD - Sign Program File No. MSPM 96-005 DEPARTMENTS I iNCLUDE I REJECT 19. For the Home Depot property, two pylon signs are shown along the frontage of Woolbright Road, approximately 220 feet apart. The sign code allows only one freestanding sign for Home Depot, on the Home Depot property, therefore pylon signs shall be limited to one. No business identification (sign copy) was submitted for the easternmost sign. Provide a note on the master plan that the approval of this sign is limited to location only. 20. Submit a rectified master plan for the Shoppes of Woolbright PCD showing compliance with the conditions of all previous approvals, prior to permits being issued for signage approved with this request. 21. All monument signs shall provide appropriate, unobstructed cross-visibility at all points of access as described in LDR, Chapter 7.5, Article II, Section 5.H. 22. Two freestanding (one pylon and one monument) signs are proposed on the Burger King property. The sign code allows only one freestanding sign for Burger King. Therefore, freestanding signs shall be limited to one. Since there are pylon signs existing and proposed along Woolbright Road, it is recommended that Burger King's sign be located along S.W. 8th Street and not Woolbright Road to minimize the number of signs in the short distance between S.W. 8th and 1-95 alon~ Woolbri~lht Road. 23. Submit a rectified master plan for the Shoppes of Woolbright PCD, showing compliance with the conditions of all previous approvals, prior to issuance of any further buildin~l permits within the PCD. 24. Since at this time it is unknown whether the remainder of the PCD will be developed as one large commercial use or multiple stores within a shopping ! center arrangement, a revised sign program application shall be submitted in the future simultaneously with a site plan application for the remainder of the PCD, to provide details for store wall signage (in-line tenants), if this type of use is ' proposed in the future. 25. ' It is recommended that all monument signs (including RaceTrac, Burger King, Discount Auto and future parcel tenants) be designed to match the monument ~ sign proposed for RaceTrac and that the size of monument signs be four feet hiah bv eiaht feet lena. on too of a two foot hiah base ADBITIONAL PLANN NG AND DEVELOPMENT BOARD CONDITIONS 26. Delete #3. 27. Delete #4. 28. i Delete#13. 29. i Delete#15. Page 4 Shoppes of Woolbright PCD - Sign Program File No. MSPM 96-005 DEPARTMENTS I iNCLUDE I REJECT 30. Reword #18 as follows: Chapter 9 of the LDR, Community Design Plan, Section 40.1.8 allows only one lettering sty[e, in addition to the lettering styles of the nationally registered copy, to be used by all tenants/outpamel owners in the PCD. Signs are currently helvetica. Comply with this requirement of the city code or file an application for a Community Design Plan appeal from this code ,,,,'/' provision. (Burger King's letter style must be changed unless the lettering is a registered trademark. No letter style information was submitted for the remaining uses.) 31. Reword #20 as follows: Submit a rectified master plan for the Shoppes of Woolbright PCD showing compliance with the conditions of ail previous ~ approvals, prior to platting of Discount Auto (parcel 2). ADDITIONAL CITY COMMISSION CONDITIONS 32. To be determined. .11 'hmO, ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. Submit a rectified master plan for the Shoppes of Woolbri,qht PCD, showinR compliance with the conditions of all previous approvals, prior to issuance of any further building permits within the PCD, excluding the buildinR permit for Burger King. 2. All monument signs (including RaceTrac, Burger King, Discount Auto arid future parcel tenants be designed to match the monument sign proposed for RaceTrac and that the size of monument signs be 56 square feet with a maximum height of 5 feet and a maximum width of 8 feet on top of a two foot high base. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Palm Beach County School Board APPLICANT'S AGENT: Au,qustin Hernandez, of the School District of Palm Beach County DATE OF HEARING BEFORE CITY COMMISSION: November 19, 1996 TYPE OF RELIEF SOUGHT: Requesting conditional use approval for the installation of a private Sprin,q antenna on an existing I-IV Telecommunication Tower. LOCATION OF PROPERTY: 505 Congress Avenue, (next to Congress Middle School) DRAWING(S): SEE EXHIBIT "B" A'I-I-ACHED 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~nt v HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit C with the notation "Included". The Applicant's application for relief is hereby v/ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: DATED: November 19, 1996 City~'Clerk LOCATION MAP AG !I~CD EXHIBIT "C" Conditions of Aoproval Project name: lTV Tower File number: COUS 96-006 Reference: The plans consist of 4 sheets identified as 1st Review. Conditional Use. File #COUS 96-006 with a September 27, 1996 Planning and Zonino Decartment date stamp markino. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLI~E (~omments: NONE DEVELOPMENT DIVISION Comments: NONE PARKS AND RECREATION ~mments: NONE FoREsTER/ENVIRONMENTALIST Comments: 2. Indicate if any existing trees will have to be removed as part of the construction ofthe tower, Ifso, they shall be preserved, relocated or replaced. PLANNING AND ZONING Comments: 3. It is recommended that a dense vegetative buffer containing a 6 feet high hedge ~ be installed on the eastern, northern and western sides of the chain link fenced ~ area. Include the landscape specifications and show the buffer on sheet LS-1. 4. Extend the proposed buffer along Congress Avenue south of the driveway to the southeast corner of the fenced area containing the non-operating satellite dish and further south from the southeast corner of the lTV building to the southeast corner of the property. The landscape specifications shall meet the city's landscape specification standards. 5. i On sheet LS-1, indicate the right-of-way lines of Congress Avenue. The V/ i proposed landscaping buffer shall be located entirely on the school property. 6. The non-operating satellite dish at the front of the station along Congress ~ Avenue shall be removed prior to erectin9 the antenna. DEPARTMENTS INCLUDE REJECT 7. Prior to erecting the antenna, remove the equipment and construction materials stored outside, or screen the area with a slatted, 6 foot high chain link fence or ~ a 6 foot high hedge and fence. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 10. Provide a detaiIed site clean up plan to the City Commission for approval. Reword comment #3 as follows: Install a dense vegetative buffer containing a 6 feet high hedge on the eastern, northern and western sides of the chain link fenced area. Include the landscape specifications and show the buffer on sheet LS-1. Reword comment #6 as follows: The non-operating satellite dish and fence at the front of the station along Congress Avenue shaII be removed pdor to erecting the antenna. ADDITIONAL CITY COMMISSION CONDITIONS '~ 1. To be determined. /bme ADDITIONAL CONDITIONS/COMMENTS FROM COMMISSION MEETING 1. The non-operating satellite dish at the front of the station along Congress Avenue shall be removed immediately. 2. Within sixty (60) days of the date of the Development Order, remove the equipment and construction materials stored outside, or screen the area with a 6 foot high hedge and fence. 3. If the tower becomes unused in the future, it shall be removed.