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Minutes 05-21-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 21, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Dale Sugerman, Assistant City Manager James Cherof, City Attorney Janet Prainito, Acting Deputy Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:35 p.m. B. Invocation The invocation was offered by Rabbi Max Roth of Temple Beth Kodesh. C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb The Pledge of Allegiance to the Flag was led by Commissioner Titcomb. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Henderson added II.C (Appointments to Municipal League). Due to family circumstances, he would like Commissioner Bradley to take his place as the regular member on the Municipal League, and he wilJ take Commissioner Bradley's place as the alternate member. The Commission agreed to hear Item VIII.D immediately after Item VI.D, since both items deal with the Boynton Beach Mall. Vice Mayor Jaskiewicz will report on the Nuisance Abatement Board under ll.B. Mr. Sugerman added Item IX.D (Fourth of July Fireworks). Mayor Taylor added Item IV.B.5 (Anti-Drug Actions). MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Tillman seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Accept resignation from the following Boards 1. Dr, Floyd Beil, Regular Member, Advisory Board on Children & Youth 2. Fawn Bradley, Regular Member, Community Relations Board Vice Mayor Jaskiewicz moved to accept the above resignations. Commissioner Titcomb seconded the motion, which carried 5-0. B. Appointments to be Made APPOINTMENT TO BE MADE BOARD LENGTH OFTERM EXPIRATION DATE III Jaskiewicz** Adv Brd on Children Stu/AIt 1 yr term to 4/97TABLED IV Tillman** Bldg Brd of Adj & Appeals Reg 3 yr term to 4/99TABLED Mayor Taylor** Cemetery Board Alt 1 yr term to 4/97TABLED I Titcomb** Community Relations Brd Reg 3 yr term to 4/99TABLED II Bradley** Community Relations Brd Alt 1 yr term to 4/97TABLED I Titcomb Nuisance Abatement Board Reg 2 yr term to 4/98FROZEN III Jaskiewicz Nuisance Abatement Board Alt 1 yr term to 4/97FROZEN IV Tillman** Recreation & Parks Board Alt 1 yr term to 4/97TABLED Mayor Taylor** Senior Advisory Board Alt 1 yr term to 4/97TABLED III Jaskiewicz** Golf Course Advisory Com Alt Term expires 6/01TABLED IV Tillman* Adv Brd on Children & Youth Reg Term expires 4/97 Mayor Taylo¢ Recreation & Parks Board Alt Term expires 4/97 I Titcomb* Community Relations Board Reg Term expires 4/98 First time appointment appears on the agenda Second time appointment appears on the agenda 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Commissioner Bradley moved to remove the tabled appointments from the table. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. Commissioner Tiilman appointed Melvin Sternbach as a regular member to the Building Board of Adjustment and Appeals, without objection. Mayor Taylor reappointed Candace Smith as.an alternate member of the Cemetery Board, without objection. Motion Commissioner Bradley moved to unfreeze the appointments to the Nuisance Abatement Board. Commissioner Titcomb seconded the motion, which carried 5-0. Vice Mayor Jaskiewicz advised that on May 16, 1996, she met with Police Chief Marshall Gage, a vice officer from Boynton Beach and Lake Worth, and a member of our legal staff and Lake Worth's legal staff to discuss the procedures of the Lake Worth Nuisance Abatement Board. The meeting was very productive and we are very enthused about activating our Nuisance Abatement Board. She met with the members of the Boynton Beach Nuisance Abatement Board this evening to see if they would be interested in serving in this very important role, and they were. This hits the drug and prostitution problem on another front, and a very effective front. She said Nuisance Abatement Boards can be a more effective tool than the courts. Commissioner Titcomb appointed Rev. Thomas Newton as a regular member to the Nuisance Abatement Board, without objection. Mayor Taylor appointed Mary Cannon as an alternate member to the Senior Advisory Board, without objection. Vice Mayor Jaskiewicz appointed Frank Wohlfarth as an alternate member to the Golf Course Advisory Committee, without objection. Mayor Taylor appointed Bruce Black as an alternate member to the Recreation and Parks Board, without objection. 3 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Commissioner Titcomb moved to approve the appointments as stated and to table the remaining appointments. Commissioner Bradley seconded the motion, which carried 5-0. III.CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of May 7, 1996 2. Special City Commission Meeting Minutes of May 14, 1996 No addition, deletions, or corrections were made to the minutes of the above meetings. B. Bids - ReCommend Approval - All expenditures are approved in the 1995-96 Adopted Budget None. C. Resolutions 1. Proposed Resolution No. R96-64 Re: Rescinding Resolution No. R96-037 designating T & J Equities as Developer for the Marina Project This resolution was prepared in light of Mr. Simons' withdrawal from the marina project on Friday, May 3, 1996. D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. E. Payment of Bills - April 1996 A list of these bills is attached to the original minutes on file in the City Clerk's Office. F. Approve purchase of Raid Array - Data Storage Subsystem for the Utility Department Computer System Network from Engineering Software Services, Inc. (State Contract) in the amount of $45,008.00 4 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Pursuant to Utilities Memorandum No. 96-158, this data storage array was budgeted and approved in the 1995/96 budget. This unit will be used for increased storage capacity on the UtilityDepartment Computer System Network. G. Approve refund of Boynton Beach Mausoleum space in Devotion Building, Section F, Crypt B-3 According to the memo from the City Clerk, Denise Valek requested a refund on this crypt. The amount or the refund is $2,200, which is 20 percent less than the purchase price of $2,750. H. Approve transfer from Contingency Fund to City Hall other contractual services - Real Estate Advisory Services - Marina This transfer will provide funds for real estate advisory services for the Downtown Marina Project. I. Authorize the City Manager to execute a contract with Severn Trent Systems for utility billing software maintenance Pursuant to Dale Sugerman's memo, dated May 13,1996, to City Manager Carrie Parker, the ITS staff has reviewed this contract and recommends its approval on an hourly rate basis. J. Authorize the City Manager to execute a contract with McCaan Associates Inc. for the continuous testing services for the position of police officer Pursuant to Mr. Sugerman's memo, dated May 13, 1996, to City Manager Carrie Parker, the Human Resources Office has found this agreement to be in order and recommended entering into this contract. K. Approve Phase II Tee Renovation for seven holes and the teaching tee at Boynton Beach Municipal Golf Course to Laserturf Leveling in the amount of $9,912.50 Mr. Sciortino pointed out that the total for tee renovation is $25,637.04, and the Golf Course will be supplying the necessary fill for this project for approximately $9,912.50. This brings the total project amount to $35,549.54. 5 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 L. Approve purchase of three six inch Metron meters in the amount of $9,585.00 for the Utilities Department The details of this purchase are contained in Utilities Memorandum No. 96-155 and Requisition No. 78153. M. Approve Change Order No. 12 for Cassidy Air Conditioning, Inc. in the amount of $1,223.20 for additional work Pursuant to Facilities Memorandum No. 96-57, this work was needed to make field changes in new insulated duct work runs due to changes in size and shape of ducts from the original design and conflicts with concrete and steel joists and beams. Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda. Commissioner Tillman seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1. Historic Preservation Meeting for site survey presented by Research Atlantica and the Planning Department Wednesday, May 22, 1996 at 7:00 P.M. in the Library Program Room Mayor Taylor made this announcement. He advised that the city is planning to have a survey done of all of the historical places in Boynton Beach. 2. Open House at Fire Station #3, corner of Congress Avenue and Miner Road, May 25, 1996 from 10:00 A.M. to 3:00 P.M. Mayor Taylor made this announcement. 6 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 3. Joint City Commission/Palm Tran/Senior Advisory Board Meeting May 30, 1996 at 6:30 P.M. in the Library Program Room Mayor Taylor made this announcement. Information about the new bus routes planned for Boynton Beach will be available at this meeting. There will also be discussion about the city buses. Palm Beach County School Board Meeting - Wednesday, June 5, 1996 - 5:00 P.M. at the School Board, Forest Hill Boulevard. Show of support for Boynton Beach High School Mayor Taylor made this announcement. B. Presentations Presentation by Pam Gerig, Executive Director, Palm Beach County Sports Commission - RE: Feasibility Study to determine if West Palm Beach Auditorium should be replaced Ms. Gerig was not present. In her place was Joe Casale, a member of the Palm Beach County Sports Commission a~nd the Arena Task Force. He stated that the Sports Commission was created in 1985 by a county resolution. It was funded by a local tourist tax, and in the first six years of its existence, part of the problem with it was government bureaucracy that made it very difficult to do what it was intended to do, which was to bring sports events into Palm Beach County and stimulate the debt tax. To that end, in 1991, the Sports Commission was privatized and a board was formed of 14 elected and 14 appointed positions. The TDC then used a portion of its money to help fund the Sports Commission. Presently, the Sports Commission has increased funding to 5 percent of the debt tax, and last year over $60 million of economic impact in Sports Commission events came into Palm Beach County. As the Sports Commission has grown, and as entertainment and sports facilities have outdated themselves in Palm Beach County, the Sports Commission decided to form an Arena Task Force to investigate whether or not the West Palm Beach Auditorium needed to be placed. The City of West Palm Beach entered into an agreement to sell the property that contains the auditorium and the stadium. The stadium project has now been finalized and moved to Jupiter. The auditorium will be torn down in October, 1997. We formed an Arena Task Force Committee and commissioned Stein and Company, which is a Chicago real estate, 7 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 development and sports marketing firm, to implement a feasibility study to see if a new arena was viable. That study showed that an arena project is viable anywhere from Boynton Beach Boulevard north to 45th Street. Stein and Company recommended that a facility of 12,500 be constructed to deal with the growth in the area and to make sure that the facility can last over a longer period of time. The auditorium was built in 1967 and seats 5,400 people. It has served its usefulness in the county for over 30 years. However, the population in this county in 1967 was 320,000. In 1994, the population was about 950,000. Presently, the population is close to one million people. Mr. Casale said the arena would benefit this community in many ways. It would stimulate the debt tax. As we are growing as a Sports Commission, we are able to bring in more events, and more organizations are contacting us about events. However, we need the proper facilities to house events, such as the NCAA basketball regional tournaments and Olympic style tournaments like the U.S. volleyball tournament. You need an indoor facility that has at least 12,000 seats. In terms of funding this facility, we are talking about a public/private partnership. We are talking about having the county issue bonds totalling $60 million, which is the approximate cost of the facility, which will be paid for by a private side investor and also through the sale of sky boxes, club seats, and advertising revenues. That would service the debt that would be issued by the bonds. The county would be under no risk. The private side sector and the management firm selected would be assuming the risk on the bonds. We have three anchor tenants. We have the Beach Dogs and the CBA basketball team. We have an agreement with the American Hockey League which states that if a new arena is built, they will bring in an American Hockey League franchise which is equivalent to AAA baseball. The Florida Panthers announced their intentions of wanting to have that be their parent team, so we would have an opportunity to link up with the Panthers in a major league and minor league partnership. The Panthers are very supportive of Palm Beach County and this project. They would bring 41 to 45 home dates into the arena. Therefore, between the arena football team, the Bobcats, which bring in eight dates, another anchor tenant, the hockey team, and the basketball team, we are looking at close to 80 dates right out of the gate. A facility of this size averages between 151 and 167 useable dates a year. In addition to sporting events, we are talking about concerts, ice shows, seminars, and entertainment events. The auditorium currently has a few of these events; however, because of its size limitation, it cannot go out and actively bid for more. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Right now he is just talking to the commissioners and communities to talk about their support and need for this project: He advised that events like the circus and Disney On Ice work on a cycle basis. For instance, the circus establishes their schedule over a three year period. Therefore, when the West Palm Beach Auditorium is torn down, we could lose the circus for at least three years. In many cases, once they leave an area, it is very difficult for them to go back because they wind up cultivating a new area. It is hoped that the new facility will be completed in the fall of 1998. He urged communities to lend their support to this project because it will service the entire county. Commissioner Bradley asked if the 12,500 seats are based on population. Mr. Casale advised that the seats are based on population and the ability to attract the kind of events wanted. Mayor Taylor asked if he has designated sites that he is looking at right now. Mr. Casale said he is looking at areas between Boynton Beach Boulevard and 45th Street. He is aisc looking into the private community to see who would be interested in being involved in this. He currently has four interested parties which would assist in covering the debt service on the bonds. Mayor Taylor suggested he take a look at Quantum Park. Mr. Casale advised that Stein and Company looked at this area during the feasibility study. Mayor Taylor asked Mr. Casale what kind of community support he is looking for. Mr. Casale said he wants people to support the fact that we need a new indoor facility and that they would support this project in its present makeup. We are not looking for $60 million in county funds. We are looking to make this a public/private partnership. We request the support of the cities because we are in a public/private partnership. The private side is not going to cover the debt on this facility, and it is not going to be something that is going to revert back to the county. Mayor Taylor asked Mr. Casale if he is looking to the cities for financial support. Mr. Casale said he is not looking to the cities for financial support. He is looking for the cities for overall community support so that when he goes to the County Commission on June 18th with Phase 2 of the plan, the residents and officials will realize that this is a facility that is necessary for the continued growth in the sports and entertainment end of this county. He was not looking for financial support at this time. 9 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 2. Proclamation - Memorial Day - May 27, 1996. Accepted by Jerry Levine, Chairman of the Veterans Council Mayor Taylor read a proclamation declaring Monday, May 27, 1996, as Memorial Day in the City of Boynton Beach and presented it to Mr. Levine. Qn behalf of the City of Boynton Beach, Mayor Taylor thanked all the veterans and all those who have given so much to this county and to their country. Mr. Levine said when a nation makes a decision to go to war, it makes a decision to build three armies. The first army is those who served in the Armed Forces and go in Harms Way. They take a risk and some of them gave the supreme sacrifice and died for their country. We remember them on Memorial Day and we remember them with honor and dignity. The second army created is an army of widows, widowers, and children who have lost a parent. It is our sacred responsibility to comfort and assist those in need. We must place safety nets so that these people may rebuild their lives. Finally, we realize that many of our servicemen and service women will come home with grievous wounds and be damaged, physically and psychologically. We are responsible for their care we are very proud that the Veterans' Administration Hospital has just opened in Palm Beach County. This is the first new veterans' hospital in 25 years. Mr. Levine had a couple of concerns that he said perhaps he and Mayor Taylor can work together on. All the posts decorate the graves of servicemen with flags and crosses and some of these graves at Boynton Beach Memorial Park have no name plates. He stated that these men served their country well and deserve better. He hoped the city and veterans' posts could work together and properly mark the final resting place of these veterans. Mr. Levine's second concern was that taps, w,~ich is the sacred sound played at the graves, is now being used as a commercial to sell dog food. He felt this was a disgrace and urged people to call their local television stations and point out to them how Iow they are stooping when they do something as bad as that. Mr. Levine hoped everyone would take it upon themselves to comfort our wounded soldiers, sailors, and other service persons in the Veterans' Hospital, and in some way enrich their lives. He said they are stuck in this facility, and it would be nice to take them out occasionally. He said it would also be nice to adopt a pen pal and write to them, to 10 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 remember their birthdays and to remember them at other times during the year. Above all, he felt it was incumbent upon us to remind our Congress and our President that we have a debt of honor to these people who have been damaged and injured for this country, and that this debt of honor is something that has to be paid for, and that it is a higher priority than many of the other things that we are caring for in this country. He thanked the Commission for the proclamation and support. He invited everyone to the Memorial Day Service in Boynton Beach Memorial Park on Sunday, May 26th, at 2:00 p.m. to honor all veterans. Mayor Taylor stated that freedom is not free and the least we can do is remember those who paid the price. He was struck that there are some unmarked graves and promised to work with Mr. Levine personally to see that that is taken care of. 3. Proclamation - National EMS Week - May 19 through May 25, 1996. Accepted by Deputy Chief Jim Ness Mayor Taylor read a proclamation declaring the week of May 19 through 25, 1996 as Emergency Medical Services Week and presented it to Deputy Chief Ness. Mayor Taylor said an emergency medical person is sort of like a military man--until you need them, they are unappreciated, but when you need them, they are the best people in the world. Deputy Chief Ness invited everyone to the 4th Annual EMS Open House at Fire Station No. 3 this Saturday. There will be many displays and demonstrations. Trauma Hawk will be landing on Miner Road and doing a hot Icad. Hot dogs and soda will be served. He encouraged everyone to bring their children to see Sparky. Presentation by Barry Jennings, Senior Environmental Analyst, Department of Environmental Resources Management - RE: A controlled burn at Seacrest Scrub Natural Area at South Seacrest Boulevard Deputy Chief Ness advised that the city was notified a few weeks ago by the Palm Beach County Department of Environmental Resources Management that the area of the Seacrest Scrub was going to have a control burn coming up within the next six weeks. About 17 acres are going to be burned. He introduced Kathleen Brennan, Environmental Program Supervisor, and Barry Jennings, Senior Environmental Analyst, who explained exactly what is going to happen, how it is going to be done, and who is going to be responsible for it. The Fire Department will be working very closely with these individuals. 11 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Ms. Brennan stated that the Department of Environmental Resources Management appreciates the way that the city has worked with them in the acquisition of the Seacrest Scrub. She was pleased to inform the city that the management plan has been approved by the Board of County Commissioners and we are in the process of starting the design work for the public access facilities. Hopefully, the site will be open to the public late this year or early next year. In order to preserve the site and comply with our matching requirements from the state, we need to do prescribed burning which is necessary to maintain the ecosystems and the endangered and threatened species on the site. We are going to be working with you to prepare for a management burn within the next several weeks. The exact date of the burn is dependent on the weather conditions (temperature, wind speed, wind direction, and relative humidity). We have distributed an informational flyer on the burn to the residents, businesses, churches and schools in the area, and also to the media. Anyone who has a respiratory condition or needs to be informed on the day of the burn or before the day of the burn to make arrangements to leave the area is asked to call us. At present, we have about 25 institutions and about 15 residents on the call list. We will call them the afternoon before or the morning of the burn, depending on the weather conditions and their requirements. She distributed an information packet which contained a copy of the press release that was sent to the media, the information flyer that was distributed to the residents and businesses, a map showing the location of the area to be burned, and a generalized fact sheet on prescribed burning which explained the benefits of the burn. Ms. Brennan introduced Barry Jennings, who has many years of experience in prescribed burns and land management. He is going to be coordinating the technical aspects of the burn and serve as the incident commander. Mr. Jennings described the interagency coordination and the operational procedures that will be used during the burn. Slides were shown during his presentation. He stated that the area to be burned is surrounded by neighborhoods, roads, highways, and railroad tracks. He has done 50 to 100 prescribed burns in various areas. A slide was shown of a wild fire, which we want to avoid in our natural areas. The flame heights are 15 to 20 feet, reaching up into the pine trees, and there is a lot of dark smoke in that area. In our communities where we have natural areas, it is easy for these natural areas to grow to a certain condition that will allow a wild fire, or a fire set by individuals, to go uncontrolled and we would have to extinguish it under the worse conditions. One of the benefits of prescribed burning would be to reduce the fuel loads in these natural areas so that we do not have these problems. 12 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 A slide was shown of a prescribed burn. There is a tremendous difference between a prescribed burn and a wild fire. The flame height and smoke is reduced and it is a much safer burn. Under these conditions, we can reduce the fuel loads and if we periodically burn these natural areas, we will have very safe conditions and we will avoid any possible conflagrations with local communities, neighborhoods, and highways. Mr. Jennings stated that the site has been painstakingly prepared and a lot of effort was made to make sure that it is very controlled. A fire line was cleared around the entire property and around the perimeter of the 17 acres within the 54 acres that are going to be burned. This puts the vegetation on the ground and makes it so that it is very safe to burn. It kills the vegetation temporarily. The brown, dried vegetation is burned. This makes it a lot less smoky in the area. We not only cleared a path around the Seacrest Scrub area, but we have axed much of the interior vegetation on the entire 17 acre unit that we are going to burn. Slides of the machinery used in a prescribed burn were shown. We are operating as a multi-agency operation using the incident command system that the Police Department, Fire Rescue, the Division of Forestry, and the Department of Environmental Resources Management uses. The Boynton Beach Police Department will be maintaining and controlling traffic along Boynton Beach Boulevard. We only burn on days when the weather conditions will promote a safe burn and the smoke will not have a negative effect on surrounding neighborhoods and highways. We do a test burn. As we see that the test fire is going to behave the way it should, we will proceed with the burn. If it does not, we extinguish it and do not burn that day. As the fire backs into the property, about 50 to 100 feet, we use other methods of burning to burn the property. After the burn is completed, it is put out completely.. All the smoke and embers are extinguished and before we leave, we make sure there is no residual smoke in the area that will settle in on some of the highways. A slide was shown of what the area will look like after the burnl The area will regenerate within a month or two. It will be very green, very lush vegetation that will be very good for the wild life. The wild life will come back in and feed off of the young, succulent vegetation. The burn will much improve this area and will have made it safer in case a burn gets started accidentally. Several agencies will be involved in this burn. They met Yesterday and preliminarily discussed the roles that all will be playing in the burn. 13 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Commissioner Titcomb stated that the Seacrest Scrub is surrounded on all four sides by residential. He asked about the smoke abatement plan should the burn get out of control. Mr. Jennings said the contingency plan is to provide enough equipment on the property and to provide enough control by the preparation that we have made that we should not have any escapes. There will be enough equipment on the scene to be able to extinguish escapes quickly. However, he did not expect any problems because of the way the property will be prepared. Mayor Taylor asked if there is any alternative to a burn. Mr. Jennings said the only other alternative would be to cut down the vegetation and let it lie in place. One of the draw backs of that is that there will still be unburned fuel laying on the ground and a fire could occur and burn those dried fuels. Aisc, the nutrients would not be recycled in the same way that they would be if we burn. In addition, that would not provide the wild life with the same succulent vegetation once the vegetation begins to grow back. Furthermore, that would not provide the opportunity for some of the native species to regenerate because a lot of them need fire. One of the major species on this property is sand pine, which requires heat in the cone to open it up to release the seed. Therefore, the fire plays a natural role in these ecosystems and they cannot perpetuate without it. Eventually, they would cycle into a different type of ecosystem that is not intended in nature. Sand pine ecosystems along the Atlantic ridge are very rare and are almost endangered. We have a lot of endangered species in these properties that are maintained through prescribed fire. Therefore, it is incumbent upon all of us to make sure we provide the type of ecosystems that we need to keep these systems vibrant and active, and prescribed fire is the only way to do that. Mayor Taylor asked how long this burn will take. Mr. Jennings advised that it will probably be lighted about 10 o'clock in the morning and it should be extinguished somewhere around 4 o'clock in the afternoon. Mayor Taylor commended the Department of Environmental Resources Management for taking the precautions of letting everyone know about the burn. 5. Anti-Drug Actions Mayor Taylor expressed pride in the Boynton Beach Police Department. He advised that a major drug dealer was put out of business in Boynton Beach. Bell's Grocery on Martin Luther King Boulevard was shut down. This was done through the tremendous efforts of the Police Department and the Wrice marchers. 14 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mayor Taylor stated that the people from Bell's Grocery came to this Commission about a month ago and complained that they could not control loiters around their building. Also, about two weeks ago, they complained to the Police Department that the Wrice marchers are affecting their legitimate business by keeping real customers out of their store. Yet, when the Police Department finally busted this store, it was a candy shop for drugs. The Police Department also obtained warrants to search these individuals' home and found pure cocaine in their home, and the people involved are probably going to be put away for a long time. Mayor Taylor said this should be a warning to this community that Boynton Beach is very serious about getting drugs out of this community. He commended the Police Department and the Wrice marchers: He said the people need to know that if they have a relative who is involved in drugs, they need to do their best to' get them out of that and bring them home because if they do not, we are going to find a new home for them, and it is not going to be in Boynton Beach. V. BIDS A. Award bid for Ocean Avenue Lighting Project to C. R. Dunn, Inc. in the amount of $17,539.00 (Proposed Resolution No. R96-65) Motion Commissioner Bradley moved to approve Resolution No. R96-65 in an amount not to exceed $17,539.00. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. B. Award bid for the construction of the Dispatch Center rest rooms to McTeague Construction Company in the amount of $10,859.00 (Proposed Resolution No. R96-66) Motion Commissioner Titcomb moved to approve Resolution No. R96-65 in an amount not to exceed $10,859.00. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. 15 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 VI. PUBLIC HEARING With regard to the items under Public Hearing and Development Plans, Attorney Cherof stated that all of the materials in the Commission backup package this evening, or any documents presented by staff, will automatically become part of the record. If anyone has other documents that they want to be part of the record, they need to identify those documents when they make their presentation or statement and make certain that a copy is left with the clerk this evening before they leave. He stated that the members of the Commission who have had contact with any of the representatives or parties or people of interest on any of thes~ agenda items should disclose any communication at this time. Vice Mayor Jaskiewicz disclosed that she has spoken to many residents about the Hills at Lake Eden project. Mayor Taylor said he met with residents and received a telephone call from the builder of the Hills at Lake Eden project, indicating that he was going to apply for a rezoning. Commissioner Titcomb disclosed that he received telephone calls from concerned residents, and someone who may be related to the builder, about the Hills at Lake Eden project. Commissioner Bradley spoke to a number of residents with regard to the Hills at Lake Eden PUD. He also spoke to Michael Morton with regard to the Woolbright Place PUD and the Vinings, Phase 2. Commissioner Tillman disclosed that he also received telephone calls from the residents regarding the Hills at Lake Eden. At this time, Attorney Cherof administered the oath to those who will be testifying regarding the items under Public Hearing and Development Plans. A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Joseph's Episcopal Church and School Jerome Milord St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard CONDITIONAL USE: Request to construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings. Jerome Milord represented St. Joseph's Episcopal Church and School. He requested a conditional use for Phase 3 to upgrade the campus to meet today's standards as far as education and the environment of the school. Their intentions are to demolish the existing library and lecture hall and replace them with new ones. He agreed with all staff's 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 conditions, and the screening of the air conditioning units to be installed on the new phase. He stated that the members of the Planning and Development Board recommended screening the rooftop units on the gymnasium building. He objected to this because it was not in the code at the time he received approval to build the gymnasium. However, he will bring this to the attention of the Board of Directors of St. Joseph's. Mayor Taylor stated that the city has been taking the appearance of our community very seriously, and every time we see a chance to improve our appearance, we do our best to do so. He would appreciate Mrl Milord taking this to his Board of Directors in a positive manner. Tambri Heyden, Director of Planning and Zoning, stated that there are two buildings that are going to be demolished along the south property line and in their place a new building is going to be constructed. This is a conditional use process because schools are a conditional use in the R-I-AAB zoning district. In the conditional use process, a use is considered to be acceptable provided thorough review of such things as ingress and egress, parking, loading, refuge, utilities, screening, buffering, landscaping, relationship to adjacent properties, and economic effects have been evaluated. We have done this and anticipate no further impacts to the surrounding area. Staff recommends approval subject to all staff comments. Also, as Mr. Milord stated, the Planning and Development Board recommended two additional conditions. Mayor Taylor commended staff for doing a thorough job in making sure that all the requirements of the conditional use were met. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve the conditional use request to construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings, subject to all staff comments. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. B. PROJECT NAME: AGENT: OWNER: LOCATION: Hills at Lake Eden, PUD Burl Gentry Newport Properties, Inc. 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard 17 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 DESCRIPTION: REZONING: Request to amend original rezoning conditions to reduce the required minimum unit size to be constructed in the PUD from 2,400 to 1,800 air-conditioned square feet and reduce the required average size of the units to be constructed in the PUD from 2,600 to 2,400 air-conditioned square feet Burl Gentry of Gentry Engineering and Land Surveying Inc. requested that the City Commission reduce the required square footage for the proposed home sites to a minimum 1,800 square feet under air, which is the same as previously required by the R-1 -AAB zoning which previously covered this property. The developer is also requesting that the city reduce the average square footage to 2,400 square feet under air. The developer agrees to maintain all other conditions covering the Planned Unit Development in the zoning approval previously. In regards to the square footage requested by the developer, the developer presented to the City Commission a study of the surrounding home sites, north south, east and west, and it was obvious that the average square footage was 2,600 square feet under air and a minimum of 24,00 square feet as previously agreed to. The developer has agreed that he made a couple of mental calculations during the previous approval that were in error. After posting signs for marketing purposes on the subject property, the responses have not been supported to justify the square footage originally agreed to. The developer has yet to receive confirmation for prospective sales for in excess of 2,000 square feet from the responses that he has received to date. Therefore, the developer feels that if you cannot sell the 2,400 square feet home sites under air, that he would be best served to return to the original zoning (R-1-AAB) which would allow him to construct the home sites of 1,800 square feet under air. The developer is requesting that the City Commission consider reducing the minimum of square footage to 1,800 square feet under air and an average square footage of 2,400 under air to allow the successful development o.f this property. Frank Pinto, the developer, said he found out very late this afternoon that some people are under the misconception that we could only put 42 lots on this parcel, using the old zoning (R-1-AAB). Mr. Gentry received approval for a 52 lot subdivision on this parcel. One of the problems that we found with the subdivision as it was, was that there were going to be houses facing Swinton Avenue. We did not like that and asked Mr. Gentry to redesign. In that redesign, he came up with the philosophy of the PUD. We are only talking about an additional four lots. However, the configuration of the lot is much better for the new homes of today. We are here to address some of the issues that we are facing. Since the last approval we received, we put several signs on the property, and the largest house that we have discussed with the people who have called us on that sign is about 2,000 square 18 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 feet. This is far below what you are asking us to do. He said to the east of this site the homes run from $75,000 to $100,000. To the south they are as Iow as $46,000. To the north, in Mission Hill and Chapel Hill, sales average approximately $113,000. To the west sales average $240,000. We are trying to market a niche between these four different subdivisions. We do not want to compete with anybody because we cannot. We have been asked if we would build a $115,000 house. We cannot do that because our lot costs are too high. We are presently looking at a cost to put the gated community in place of almost $5,000 per lot. We do not want to take that away because we feel it improves the whole community and gives us that niche we need in order to market a product. In Lake Eden Plat 4, 15 percent of the subdivision has 2,000 and fewer square feet, and that represents long houses. Some 2,100 to 2,400 is 40 percent of the subdivision. The phone calls we have had on the sign generally reflect a market for a smaller house. A brochure put together by Thomas Dugan shows some of the homes presently on the market. The asking price for an air conditioned 1,959 square foot house is $175,000. We would rather compete with that 1,959 square foot house on a direct basis than have a 2,400 square foot house that might be close to that sale price. He introduced Thomas Dugan, who reviewed the marketing approach that he has used to compile the information in the brochure. Mr. Dugan, who lives at 710 N. Swinton, stated that he has been a builder in South Florida for over 18 years. He is on the board of a couple of builder associations in South Florida. He said his goal tonight is to present only the facts. He is a friend of Mr. Pinto's and of several of the homeowners in the area. He had a couple of local realtors pull up the current sales and past sales for the last two to four years. He also had the Tax Assessor's Office pull up the homes of Lake Eden Plat 4 and several homes in Mission Hill and Chapel Hill, but he did not have them pull up very much in Barrett Heights, which is east of the property east of Seacrest. To the east of the project is Seacrest, which is Barrett Heights. He took the information he received from the realtors and came up with an average price of approximately $75,000. Some homes are more and some are a little less. He randomly asked the realtors to pull up 15 or more of the homes in Mission Hill and Chapel Hill and came up with $113,000 on an average. He pulled up the average square footage and the listing prices on the homes in Lake Eden Plat 4. He calculated the square footage, and less than 60 percent of the homes were 2,474 square foot. There are some very large homes there, but only seven of them are over 3,400 square feet under air. He then looked at the size and price of the homes in Barrett Heights, Chapel Hill, and Mission Hill and noticed that there appeared to be a move up market between Chapel Hill, Mission Hill and the people who live at Lake Eden Plat 4. Those homes are typically a little older. The people have done a lot of renovations in them, and they are on the water. However, there 19 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 was no niche between the two to create the next rung on the ladder. The Barrett Heights homes were the least expensive, and the homes in Chapel Hill were $113,000. There weren't many homes in the $169,000 to $180,000 range. The homes south of the property off of Seacrest sold for $46,000, $149,000, $151,000, and $140,000. If you stick with an average square feet of 2,600, you compete directly with the new home basis against the older home, against the people who live in Lake Eden. He feels if you reduce the average, you will fill that niche and create that possible next move up person for the Lake Eden area. There is one side benefit. By the development of the project itself, you create additional traffic. Those homes that are currently on the market in the area may or may not benefit. If you buy a home for $169,000 and wind up mortgaging $150,000, that means that your annual income must be approximately $60,000. Your income would have to be between $80,000 and $82,000 to purchase a 2,600 square foot home. According to the Chamber of Commerce, the mean average income of the City of Boynton Beach is $32,000. He felt a $60,000 home was not a shabby home, nor was it an insult to the neighborhood. Commissioner Tillman questioned Mr. Dugan's calculations. Mr. Dugan explained that he divided the 9 homes by the 60 and found out that 15 percent of the 60 homes were less than 2,000 square feet. Then he took 2,400 square feet and divided those 24 homes by 60 and found out that 40 percent of the homes were less than 2,400 square feet. Then he took the next, which would include the 2,000 to 2,600 and divided that by 60 and found out that 60 percent of the homes were less than 2,600 square feet. Commissioner Tillman said the majority of the numbers of the high end is over 2,000. Mr. Dugan said that is not true. Commissioner Tillman felt Mr. Dugan reversed the numbers to show in terms of percentages. Mr. Dugan said he took the first under 2,000 square feet, divided that in total number, which was 9 homes, by 60, and found out that 15 percent of the 60 homes were less than 2,000. Then he added the 9 and 15 and found out that 40 percent of the homes were less than 2,400 square feet. Commissioner Titcomb asked if we could then conversely say that 85 percent of the homes are over 2,000 square feet, using the same numbers. Mr. Dugan said, "No." He said Commissioner Titcomb is reading something in there that is not there. Commissioner Tillman said 9 of 60 homes are less than 2,000 square feet. So that means the majority of the homes are higher than 2,000 square feet. Mr. Dugan agreed; however, he said the key is the average. Of the 60 homes, 9 are less than 2,000 square feet. Of the 60 homes, 24 are less than 2,400 square feet. Of 2,600 square feet, 36 of the 60 2O MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 homes, which is greater than 50 percent, are less than the average that you are asking the property to be built across the street. You have one project that is on the water, and you have a project that is not on the water, and you are asking them to build an average square foot bigger. It does not make sense. Vice Mayor Jaskiewicz did not think a sign listing the square footage is going to sell or not sell the property. She felt the models and the way they are placed are going to sell the property. With regard to the average income, she pointed out that this city is undergoing a major economic revitalization and redevelopment. More businesses are coming in this year than in the last 10 years, and we are looking for many executives of these businesses to look for places such as this development to settle in. She also pointed out that the city has already made concessions. She felt this property is extremely marketable the way it was previously presented, and pointed out that statistics can be presented in many ways. Commissioner Bradley asked Attorney Cherof where the city would stand if this request is denied. He pointed out that a developer has the right to develop his property and there are strong property rights that protect that person. With regard to the property rights, Attorney Cherof stated that the same rights that the developer has with respect to the development of this property, the adjacent property owners have with respect to the community. Since the Commission recently addressed this issue in a formal presentation, the developer needs to demonstrate a compelling reason to alter that which was entered into less than 90 days ago. In the absence of that type of evidence, the Commission would be on firm footing to do exactly what they did less than 90 days ago, and reconfirm the existing approval. Ms. Heyden stated that the burden of proof is on the applicant. Based on the information which was submitted with this application, which was just a letter, she could not support the application. Mayor Taylor stated that we are not here to discuss the original zoning. The only issue before the Commission tonight is minimum unit size. This has already been approved as a PUD zoning. The 2,400 square feet is probably only meeting half of the Iow end of what is to the west of there, and he certainly would not want to degrade that any further. In fact, he would like to improve it. He understands the applicants may have made some errors in their calculations; however, he reminded them that he pointed out at that meeting that he thought that was a rather tough market for the kind of numbers they were talking about. He said we have an agreement, and he was ready to stick to our end of it. 21 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Ellen Smith presented a petition signed by over 75 residents of Lake Eden in opposition to this project as proposed tonight, and asking the developer to fulfill his original commitment. John Miller lives at 1 N.W. 24th Court in Delray Beach, which is approximately 75 to 100 yards south of the subject property. He stated that the city and homeowners have already compromised in an endeavor to make this marketable. Marketability is incumbent upon the developer, not us. During their presentation, they dwelt on the properties to the east, north, and south of them and cited some very isolated examples. The majority of the homes are very large lake front homes. Mr. Miller felt the developer is trying to anneal himself to the higher value homes just to the west of him, and if he builds small $100,000 to $120,000 homes, he is borrowing the value of our homes and maybe even taking that from us to add onto his. He implored the City Commission not to do this. Also, the higher densities are going to affect the cause that Karen Marcus is championing in West Palm Beach. He also asked the Commission to take into consideration the impact that this development would have on the schools. If there is an entrance to the Hills at Lake Eden on Swinton, how are we going to get those people out when they want to go north at the intersection of Mission Hill and Seacrest, which is already a very dangerous and highly over traveled intersection. He would rather see the entrance on the much more traveled road, which is Seacrest. Motion Commissioner Bradley moved to deny Newport Properties' request to amend the original March 19th zoning conditions. Commissioner Titcomb seconded the motion, which carried 5-0. C. Project Name: Agent: Owner: Location: Description: The Boynton Beach Community Development Corporation (CDC) Law Office of Allen Wm. Martincavage, Sr. The Boynton Beach Community Development Corporation (CDC) Three pamels totaling 0.339 acre at 2191 Seacrest Boulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard) LAND USE AMENDMENT/REZONING: Request to amend the land use from Moderate Density Residential to Office Commercial and to rezone from R-1 (Single Family Residential) to C-1 (Office/Professional) 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Diana Hileman of the law office of Allen Wm. Martincavage, Sr. stated that the Boynton Beach Community Development Corporation is a nonprofit corporation that acts to help working people obtain affordable housing in the Boynton Beach area, and also to help improve the community itself. The land use amendment/rezoning is being requested because the CDC wants to use a building on one of the parcels as their office to accept applications for their project. Currently, the use, the way it is zoned, is really not feasible any longer due to the close proximity of the 1-95 Gateway interchange and we feel, based on these special circumstances, that this request would improve the site and would help to improve the community. She said conditions were discussed at the Planning and Development Board meeting and the CDC has no problems with maintaining the height restrictions at the current R-1 zoning and with the reversion condition. She advised that the deed contains a reversion clause back fo the city if that property is no longer used for the purposes that the Boynton Beach CDC is using it. Ms. Heyden stated that this is a rezoning from R-1 to C-1 for three parcels at the southwest corner of Gateway Boulevard and North Seacrest Boulevard. Staff recommended approval of this request because it is consistent with the Comprehensive Plan, because of the expansion of Gateway Boulevard, because there is existing infrastructure to support the rezoning, and because of the benefits to the community of this type of use in that neighborhood. Ms. Heyden advised that the Planning and Development Board recommended limiting the building height to the building height of the current R-1 zoning. Both allow a maximum of 25 feet, but in the C-1 zone, you are allowed to go to 30 feet if you have under building parking. The Planning and Development Board also recommended that if the use were to discontinue, it revert to the R-1 zoning. Ms. Heyden pointed out that the deed does not include the reversion of the zoning. Aisc, the deed only covers two of the three lots. She advised that these conditions were discussed with the City Attorney and are acceptable. Mayor Taylor asked how much parking they are providing. Ms. Heyden stated that this will be addressed when it goes through site plan approval. The square footage would be based on one space for every 300 square feet of the building. She was not sure how many square feet there is in the building. No one in the audience wished to address this item. Vice Mayor Jaskiewicz felt the services that will be provided would be advantageous to the residents, and that this would be an aesthetic improvement to the area. 23 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Vice Mayor Jaskiewicz moved to amend the land use from moderate density residential to office commercial, and to rezone from R-l, single-family residential, to C-1, office professional. Commissioner Tillman seconded the motion. Mayor Taylor shared Vice Mayor Jaskiewicz' view. He said we have been waiting a long time to see that corner improve. He hoped this will do it and that whoever takes it over maintains it. The motion carried 5-0. D. Project: Location: Description: Boynton Beach Mall Department Store F 801 North Congress Avenue PARKING LOT VARIANCE: Request for relief from City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, 1.1.- Parking lot layout, to reduce the back-up space from 27 feet to 25 feet for two-way parking on both sides of access aisles on each of the two levels of a proposed parking garage and reduce the length of parking spaces that abut the perimeter of the two levels of the parking structure from 18 feet to 17.25 feet Mac Conahan represented the applicant. He stated that the initial variance that was requested was not acceptable to the city staff, but staff worked with us and provided suggestions, and the applicant is now requesting what staff recommends. Ms. Heyden gave a summary of what this entails. The access aisles or traffic ways where you have parking On either side, require 27 feet. The applicant is short 2 feet on the access aisle where the ramp is connecting the two stories. The applicant is also short 2 feet on the access aisles on the ends of the building. Our parking lot regulations also require that our parking spaces be 18 feet deep. The applicant is 8 inches short of that 18 feet on all the parking spaces around the perimeter of the structure. Staff recommends that the walls of the parking structure be pushed out 2 feet 8 inches on the north and south walls and that the east and west walls be pushed out 8 inches. So essentially, the first part of the variance goes away. Regarding the access ramp and the 2 foot shortage on the access aisle, staff recommends that the 2 foot shortage be eased by allowing a shortage of 1 foot on each of the access aisles north and south of the ramp. Mr. Conahan agreed to this. 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 No one in the audience wished to address this item. Mr. Hukill said staff was greatly concerned about parking on the slope, which is 17 feet vertically for a 150 feet horizontally. This is a more than 10 percent slope. Staff's concern was that if you park there and try to back out, you will have a very bad sight line due to the corners, the ramp slope, and the transitions. Mr. Conahan agreed to the 10 degree condition. Motion Commissioner Titcomb moved to approve the parking lot variance, agenda item VI.D., subject to staff comments. Commissioner Bradley seconded the motion, which carried 5-0. VIII. DEVELOPMENT PLANS D. PROJECT: AGENT: APPLICANT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Mall, Department Store F Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods & Goodyear DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership 801 North Congress Avenue MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure Mr. Conahan represented the applicant. Aisc present was Rod Vosper of DeBartolo Properties. Mr. Conahan said the applicant is generally in agreement with the staff conditions. He worked with the City Forester this afternoon regarding some landscaping issues and has come up with language that addresses three conditions. The other two items that needed to be addressed tonight are the issue of the arch height and the issue of parking stops. The remaining conditions are acceptable. City Attorney Cherof asked him to identify the number of the conditions that are not agreed to. Mr. Conahan hoped that condition 17, paragraph 1 of condition 19, and condition 24 will be addressed by replacing them with the proposed language set forth in his letter which was distributed to the Commission. (This letter is attached to the original minutes on file in the City Clerk's Office.) The wheel stop issue is number 10, and the height issue is number 37. 25 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Regarding comment number 10 (the requirement for wheel stops), Ms. Heyden stated that in 1982, a parking lot variance was submitted to not require wheel stops in the mall. The comment was made by the Engineering Department that it is unclear whether or not this variance included future expansions. In further researching this issue with the City Clerk's Office, although the records are not totally complete, she felt there is convincing evidence to bridge this gap. There are references made to an original site plan that talks about Phase I and Phase 2, and this sixth department store was Phase 2. Therefore, she believes, although she does not have a site plan to prove this, that the intention was that the variance cover Phase 1 and Phase 2 of the mall. Since wheel stops are not required anywhere else in the mall, Mayor Taylor did not think we should insist on having them here. The rest of the Commission agreed with him. Mr. Hukill stated that the variance was approved in 1982 and the code was written well after that. This particular parking lot is probably one of the most important parking lots in all of the city. Applicants regularly ask us to allow them to put in parking lots without curbs or wheel stops. The wheel stops are put there to keep people from racing around in a parking lot. He suggested that if we do not want to enforce this rule in a 6,000 car parking lot, that rule should be taken out of the Land Development Regulations. It was the consensus of the Commission not to require wheel stops. City Attorney Cherof advised that if it is the consensus of the Commission not to require wheel stops, then comment 10 would be rejected by the Commission in the approval form. Comment 37 deals with the building height. Ms. Heyden advised that we have a building height that was approved by referendum in 1982 which says that all structures in the city shall not exceed 45 feet. However, structures such as parapets, cooling tower screens and skylight peaks (basically mechanical appurtenances) can go beyond 45 feet if they are approved through a height exception process. She explained the applicant's proposal utilizing the elevation they submitted. She pointed out the entrance feature, which is a semi-circle. This semi-circle exceeds 45 feet by 9'6". Right now the way the plans have been submitted, the parapet wall does not screen anything. She said the applicant indicated that he plans to have mechanical rooftop equipment and that it would screen that mechanical rooftop equipment. In 1982, a very similar issue arose with regard to Macy's, and they were allowed to at least go through the height exception process. Therefore, staff recommends that this applicant 26 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 be allowed to go through the height exception process. Mr. Conahan advised that this recommendation is acceptable to the applicant. Regarding comments 7, 19 and 24, Mr. Conahan met with the City Forester, Kevin Hallahan, after Ms. Heyden's memorandum was written. Mr. Hallahan indicated that he has seen Mr. Conahan's May 21, 1996 letter addressed to the City Commission and he had no objection to its contents. Ms. Heyden advised that this would take the place of comments 17, 24, and a portion of 19. This letter, which is attached to the original minutes on file in the City Clerk's Office, states that condition 17, paragraph I of condition 19, and condition 24 will be replaced with the following condition: "As part of the Tree Management Plan the applicant shall confirm the quantity of presently living slash pine trees within the Pine Preserve Area to the satisfaction of the City Forester. All presently living slash pines that, in the judgment of the City Forester, cannot be reasonably saved in conjunction with the removal of the exotics from the Pine Preserve Area shall be replaced on a one-to-one basis with new 8 to 10 foot tall slash pines." The letter further states that if this change is made to the Site Plan Conditions, the applicant will accept the other conditions relating to the Pine Preserve Area. Commissioner Bradley asked for some background information on the preserve area, what the DRI demanded, and what ordinance was in place. Mr. Hallahan advised that from a historical prospective, the preserve area is unique to the city because originally the mall was presented to the city by way of the county, and the city basically did not oversee any of that preserve area until recently, at the request of some of the people who live in the adjoining neighborhood to remove the exotic vegetation from the area. This is how the whole process started with our Parks Division and Code Enforcement looking through the file to see what we would enforce. He said there is a development order that has gone back to the late 1970s that basically stipulates what can and cannot take place on the property known as the preserve. After a discussion today with the applicant's attorney, Mr. Hallahan would like for him to stipulate some of the historical background as to what brings it up to date. Mr. Hallahan stated that a management plan for the preserve area is missing. Currently, the only requirement that he is aware of on the development order is that the exotics be removed. That is only one of the steps we normally take in creating a management plan. So his position in agreeing to the items tonight would be the eventual 27 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 creation of a management plan document that will go forward with the mall properties so that we will have some measurable way of identifying that they are taking care of the property. Mr. Conahan stated that the original development order for this property was adopted by the county because this property was in the county in 1974. In 1974 they had a condition in the development order that the pine area be preserved. That development order was adopted but there was no development of the project until 1982 when the main property was annexed into the city and the city adopted a development agreement. The development agreement was silent as to the pine area. Starting around 1985 and coming to some finality in 1989, the city adopted a development order that had the identical conditions as in the 1996 amended development order that the Commission adopted earlier this year. That specified that the exotics were to be removed from the preserve area and that a restrictive covenant be placed upon the preserve area to assure that it will remain as a pine preserve. The 1989 proposal was to cut the preserve area in half. The Regional Planning Council did not agree with that and took an appeal of that to the Florida Land and Water Adjudicatory Commission (hereinafter referred to as the "FLWAC"). When we were at that level, the applicant agreed to preserve the entire pine area. and the 1991 amended development order was adopted as an agreed order before FLWAC. This is what we traveled under until this last amendment was adopted in February of this year. Commissioner Bradley said the order in 1991 was no different from the other orders in that it just specified exotic removal and preservation. In other words, you could not build anything else there. Mr. Conahan said that is correct. He added that one of the main issues that came up over the years was that there be a management plan and the applicant had resisted a management plan in 1987, 1988, 1989, and in 1991. In 1991, the Commission adopted, without a management plan. However, because of the concerns of the residents, and also because of Mr. Hallahan's concerns, we have agreed to the condition in the proposed conditions tonight to add a requirement for a management plan. We will work with Mr. Hallahan and put together a management plan that will work to preserve that area. The change in the language that we are proposing will give Mr. Hallahan the full discretion to tag and identify the trees that will be part of that management plan. Mayor Taylor asked when will we have the management plan. Mr. Conahan said the management plan has to be approved by the Forester before a building permit is issued. Mayor Taylor noticed that the previous management plan discussed removal of exotics and preservation of the area. He asked if the management plan will include maintenance of the preserved area. Mr. Conahan answered affirmatively. 28 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mr. Hallahan stated that the removal of the exotics was predicated on occurring two years after a structure is built. He would like a management plan that suggests it be done sooner than that, and to include a proper maintenance plan for the preserve area, in perpetuity. Mr. Cenahan stated that according to the present condition, the removal of the exotics will occur before the Certificate of Occupancy is issued, and the management plan has to be approved by Mr. Hallahan before the building permit is issued. Gary Lehnertz, 619 S.W. 2nd Avenue, commended the Planning and Development Board and the City Commission for requiring a management plan for this preserve area. He stated that we also need a plan to replace a lot of the native plants and trees. At one point, this was a very thick and viable slash pine area and the exotics have crowded out a lot of the native vegetation that was there. He would like the management plan to include replacement of a lot of those native species that are no longer there. Steila Rossi, 629 Whispering Pines Road, commended Mr. Hallahan and the developer for accepting the Forester's recommendations. Regarding comment 22 (the littoral zone plantings), Environmental Resources Management of Palm Beach County (ERM) has found out that the donut concept (planting around the entire retention pond) has not worked out as well as they thought it would. She believes they are not going to recommend that a portion of that pond be planted with the proper aquatic plants. She pointed out that this would be a saving to the applicant. She said comment 26 (relocation of slash pines) has to be looked into very carefully. It is her understanding that you cannot relocate slash pine unless they are under a foot, otherwise they wilt not survive. With regard to comment 30, she suggested adding "removal of vines". Vines have choked out a lot of the trees, including the Brazilian Pepper. With regard to comment 40, she realizes that there is an inconsistency with the parking at this point and it is not resolved yet. She would like to see as much parking as possible away from the preserve. Vice Mayor Jaskiewicz advised Mrs. Rossi that the slash pines will be replaced if they cannot be saved. A gentleman commended the Commission on the stand they have taken this evening. He also commended the developer for meeting the conditions and getting rid of the graffiti as promised. He stated that in 1991, the applicant agreed to maintain the entire preserve area. He pointed out that the preserve area gets diminished considerably by the number of parking spaces that the Commission said this project does not require by code. Mayor Taylor advised that none of the parking spaces are in the preserve area. The gentleman said if the canal is paved over and eliminated, he considers it an infringement on the current preserve area. 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 He said the State of Florida, in conjunction with Palm Beach County, recently spent $6 million to preserve a wetlands area on Jog Road. Some people seem to think it is a recharge area, but it is not. It was not there to hold well water to preserve a withdrawal for the public utility. The only influence that area was under was the level of the L-30 canal, so they did not have to use it as a water shed area. They used it as a wetlands area, or a natural preserve area. He referred to proposed Qrdinance No. 096-30 on the agenda this evening regarding amending Chapter 7.5, Environmental Regulation, of the Land Development Regulations, providing for an open space preservation of natural resource sites, and stated that the developer clearly stated he was willing to preserve the entire preserve area as it is. He would like to see it maintained just as it is. Oveda Adams, 3562 Noreen Avenue, was concerned about covering over the canal to add additional parking. She said the minutes of the Lake Worth Drainage District meeting state that because of the new building being constructed, they need to supply more parking spaces per the City of Boynton Beach Code. She said there were 6,421 parking spaces, and the city only requires 6,144. Therefore, they do need to cover up the canal for additional parking. This would put the parking lot adjacent to the preserve, which has wildlife in it, and her neighborhood. If the canal was left there, it would add security to her neighborhood from vagrants. The 1991 Resolution says all Brazilian Pepper, Australian Pine, and Melaleuca on the site (including within the limits of the pine area) shall be removed within two years after the effective date of this resolution and prior to issuance of any Certificate of Occupancy for any building constructed pursuant to this amended development order. It also states that these species shall not be used in landscaping. Mayor Taylor pointed out that this was addressed earlier. He said they are going to do that before they get a Certificate of Occupancy. With regard to the parking issue, Ms. Heyden stated that the difference between the canal line preserve area and the preserve area line to the west was established in 1991 or 1992 as part of the last DRI amendment. The preservation area was established at that time. This is not a deviation from that. The canal will get culverted and covered over. Comment 49 refers to an agreement acceptable to staff, an agreement between the applicant and the Lake Worth Drainage District for use of the canal right-of-way that is being covered over for parking spaces. We have looked at two drafts of this agreement right now and as of today, we have agreed to the agreement with a couple of conditions. Both parties have agreed to what those amendments to the agreement should contain. Vice Mayor Jaskiewicz asked if there is a discrepancy with the number of parking spaces required. Ms. Heyden answered affirmatively. She explained that because the parking garage is not totally designed yet, and because there were changes to the striping of the 30 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAy 21, 1996 parking lot several years ago to meet the handicap requirements, staff counted the parking spaces. There is a discrepancy in the number of parking spaces staff came up with and the number of parking spaces the applicant came up with. Staff believes there are between 40 and 50 surplus parking spaces. One member of the Planning and Development Board commented that if surplus parking can be reduced to what is required by code in the area next to the preserve, then the applicant should attempt to do that. Mr. Conahan remarked that oftentimes these kinds of tenants will require a certain number of parking spaces that can be above and beyond what the code requires. If there are any surplus parking spaces (this will not be known until the parking garage designs are turned in with the permit), staff recommends that they not be provided. Mr. Conahan stated that the original proposal in 1988 included the removal of trees which the residents wanted to save. As a result, the applicant agreed to go through great expense to put the parking in the canal area and preserve the preserve area. He said the Lake Worth Drainage District does not allow any direct parking over their culvert area. Some curbing will come within feet of the preserve area, but actual parking will be backed off of that because of Lake Worth Drainage District requirements. The parking will .only be up to what is presently the slope of the canal right-of-way. Rebecca Martin, 3527 Kitely Avenue, lives directly west of the preserve. She submitted a copy of the petition which she presented at the Planning and Development Board meeting last week, The petition was signed by some of the residents in her neighborhood, demanding that DeBartolo clear out all exotic growth from the preserve, replace the removed exotic growth with native plants, remove the garbage, place shielded lights in the parking lot, place a six foot high chain link fence around the entire preserve, put native plants on the west and east sides of the fence, put native plantings on the west side of the wall, clean up the retention pond, build a pathway for the neighborhood to have walking access to the mall, and to maintain the preserve, the fence, the wall, the pathway, and the retention pond, so that they can have a nice area that buffers them from the mall. Ms. Martin teaches science at Boca Raton Community High School and said many of the children are native to Florida, yet very few of them know what a native slash pine is. Therefore, she felt it would be nice to have some trees around. Commissioner Titcomb asked at what point in this process will we know the actual number of parking spaces and how far they will encroach into the right-of-way area. Ms. Heyden advised that the plans show the limits of where the parking will be constructed. That will not change. We will not know the number of parking spaces that have to be provided by code until the permit stage when the parking garage floor plans and engineer drawings are turned in. 31 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Vice Mayor Jaskiewicz moved to approve the request to amend the previously approved site plan to construct a 162,502 square foot dePartment store with parking structure, subject to all staff conditions. Commissioner Tillman seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE No one wished to speak under Public Audience. Mayor Taylor declared a recess at 9:15 p.m. The meeting resumed at 9:25 p.f VIII, DEVELOPMENT PLANS A. Project: Agent: Owner: Location: Description: Woolbright Place PUD Brett Nein - CCL Consultants, Inc. Howard Scharlin, Trustee Approximately 1,000 feet north of the Woolbright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously approved master plan to change the dwelling units within Pod 1 from 90 multi-family dwelling units to 85 single- family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks TABLED intersection of Anna Cottrell, a planner with the firm of Basehart and Cottrell Inc., 1532 Old Okeechobee Road, West Palm Beach, stated that two weeks ago she promised to return to the Commission after working with city staff to resolve the outstanding issues related to the 62' recommended conditions on this application. In the last two weeks, we have worked diligently with city staff. She also met with County Engineering on the traffic issues, and Florida Power and Light. She thinks we have come to agreement on the vast majority of these conditions. There are only a few we need to discuss, namely 4, 10, 13, 30, 34, 44, 58, and 61. She thinks there are 9 conditions that can be deleted if we come to an agreement on these conditions because they will become irrelevant or moot. 32 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Condition 4 - No building structure, screen enclosure, pool, or portion thereof is allowed within setbacks, either now or in the future. Ms. Cottrell asked that this condition be clarified to indicate that there is the opportunity for PUD modification in the future if there are variances needed to accomplish the permitting on those structures. She said staff agrees that this is the proper avenue to do that. City Attorney Cherof said if that is the case, then there should just be a "." after the word "setbacks", and the balance of that language ("either now or in the future") should be deleted. Ms. Cottrell asked that Conditions 2 and 3 be deleted. Condition 2 recommends that the rerouting of the force main be done. CCL Consultants, the project engineer, has done that and modified the plans. Therefore, this recommended condition is no longer needed because the force main will be rerouted. This is also related to Condition 3, which she asked to be deleted for the same reason. City Attorney Cherof said these are issues that were in the original plan. The conditions apply to that. If they simply remain and are included as part of the conditions, if they have already been addressed, then they are satisfied. Ms. Cottrell said the items that she is asking to be deleted, for the most part, have been agreed to. She understands, however, that the recommended conditions related to the original plan. They do not reflect the changed plan that was submitted to the Planning Department last week. City Attorney Cherof stated that the result would be the same. If the condition exists, and you have already dealt with it and addressed it in the revised plan, it is satisfied. Condition 10 - Sidewalks are required on both sides of all local and collector streets. Condition 13 - Minimum street right-of-way width for a local street with 2 mountable curbs is 50 feet not 40 feet as shown; with swales minimum right-of-way width is 60 feet. Ms. Cottrell stated that these two conditions are related. She asked the project engineer to address both of these conditions. Richard Wohlfarth of CCL Consultants said that initially the property was going to be developed very much like the Vinings, as a multi-story or three story apartment project. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Some of the other options they came up with would be to go to other types of products, most of them multi-family such as town houses or quadplexes. Each of those would have a different requirement, most of them being parking lot type requirements of 27 foot of aisle width and 18 or 20 foot of parking stalls, and then the buildings themselves with some reasonable setbacks. We also looked at the market. We felt the property would yield better from an aesthetic point of ~/iew and a sales point of view to develop it as a single- family project. We tried to figure out how we could get somewhat the same density because it is a price sensitive market. We looked at what can be done to develop a nice product, but something that may not be exactly what everyone visualizes to be a single- family house. Those are very expensive items and sometimes you need to look at other opportunities. In this case, we first recognized that the most important part of the property, from an engineering prospective, is to provide the valley gutter (the mountable curb). Swales never seem to really work. People end up driving off of them and they end up being chewed up. We have found that by using valley gutter and nonmountable curbs as we go around corners, we protect the landscaping or the grass area there and it seems to work much better for everybody. The second area is circulation (Condition 10). We tried to find out how we could get everyone to be able to walk around the community without having to walk in the streets and we came up with a plan that does that, with sidewalks on one side. It gives you a very good circulation. It is not a safety or welfare issue. It is a very safe street. The radius that will be provided on the street is typical of what would be out there with a 50 foot right-of- way. The difference is that it is not quite as wide and we only have the sidewalks on one side. We believe it provides a very good streetscape, a very good neighborhood, and a very good alternative to multi-family. Vice Mayor Jaskiewicz asked if this is a gated community. Mr. Wohlfarth advised that it is not; however, provisions have been made that it could be gated. He added that these will be private streets. In response to a question posed by Commissioner Bradley, Mr. Wohlfarth said he was looking to provide an alternative circulation plan. In some multi-family projects, the sidewalks are not only on one side, but they meander around the backyards. An alternative to doing that is to provide sidewalks on one side. It provides good circulation for the residents. They would be able to get all the way around the property without crossing a street. Mayor Taylor did not agree with Mr. Wohlfarth's logic and wanted sidewalks on both sides of all local and collector streets. 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Condition 30 Ms. Cottrell said there are several items within this condition that should be updated to reflect the existing status of the plans. In the first paragraph of this condition, there is a requirement that the berm be completed by February 7, 1996. The developer is making an effort to complete construction of the berm. Since February 7th has passed, she asked that this date be extended to August, 1996. Also, the second paragraph of this condition requires the permit plans for landscaping to be submitted by April 23, 1996. Those plans have been drawn and are ready to be submitted. She asked that this date be changed to a time that allows them to be submitted within 30 days of approval of the master plan. Once the master plan is approved by the Planning and Development Board, it could be submitted very quickly for approval. The third paragraph of this condition requires that the water management area landscaping be completed and accepted by the city prior to submittal of a site plan for any further construction in the PUD. She asked that this be allowed to be completed and accepted by the city prior to the first Certificate of Occupancy for this project. Vice Mayor Jaskiewicz pointed out that the delay in completing the berm was due to some of the residents not wanting a berm. On March 29th, she informed Michael Morton that an agreement could not be reached and to proceed with the original plan. Mayor Taylor agreed that the dates have to be extended because they have passed. He asked staff what would be reasonable dates. Ms. Heyden had no problem with allowing the plans to be submitted 30 days after they are presented to the Planning and Development Board. However, with regard to the third paragraph of Condition 30, she saw no reason to tie the completion to this project. She said this buffer has nothing to do with this project and should have already been completed. This is the second set of deadlines that we have set and they have failed to meet. She recommended setting a date certain that is independent of this project, in the event that this project does not happen. (Ms. Heyden was talking about the first CO of the project for the timing of when the landscaping has to be completed.) Commissioner Bradley asked what leverage we would have if we do not tie it to the project. City Attorney Cherof stated that you will see this as an independent item that happens to be addressed in here, but there is no reason why a date specific could not be set. 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mayor Taylor asked for a reasonable time frame. Ms. Heyden did not see why this could not be done in 60 days. Ms. Cottrell said Mr. Morton is present and indicated that 60 days is reasonable, assuming there is no delay in the permit review. She requested a reasonable amount of time for the construction. She felt 90 days was more realistic and suggested allowing 30 days to get the plans approved, and then 60 days to construct. However, she agreed with Ms. Heyden's suggestion of 60 days after permit issuance of the landscape plans. Mayor Taylor inquired about the first paragraph in Condition 30. Ms. Heyden said the same date would apply (60 days after permit issuance). With regard to the second paragraph of Condition 30, she recommended that the permit plans for the landscaping berm be submitted to the Building Division 30 days after the Planning and Development Board meeting. Ms. Cottrell agreed to this if there is a finding of insubstantial change. Commissioner Titcomb stated that the applicant referred to the master plan, and staff referred to the landscape plan for the water retention area. He asked if they are talking about the same thing. He added that a drawing will be submitted on the landscape of the water retention area. Ms. Heyden said that should be submitted within 30 days after the Planning and Development Board approves the master plan that is before the Commission this evening. City Attorney Cherof stated that the third paragraph of Condition 30 is a separate issue which can go forward whether or not the master plan is approved. He said Ms. Heyden referred to the issuance of the landscape plan when she was referred to the third paragraph of Condition 30, but revealed back to discussion about the master plan for the first and second paragraphs of Condition 30. Ms. Heyden said since the construction date is tied into the first event occurring, there is no problem with it being tied into the site plan versus the master plan. The second part cannot occur until the first part occurs and if the first part is delayed, the second part is also delayed. City Attorney Cherof inquired about the third part, which is the water management area landscaping. Ms. Heyden said this is all the same issue. Commissioner Titcomb thought he heard that the water management area (the retention landscaping area) was being separated from the rest of the project. Ms. Heyden clarified that she is recommending that it be separated. Originally, the comment was to include them. There was a problem with the way it was worded; therefore, she is going back to her original position, which has not been put on paper, that it really does not need to be tied. She confirmed for Commissioner Titcomb that if the master plan is delayed, the landscaping water management area will be delayed. 36 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mr. Morton said the permits have already been applied for. The irrigation and pump stations are under construction. The plants have been ordered. Florida Power and Light has been to the site. All the work is being done. There is a plan for trees around the lake area along S.W. 8th Street. The berm by Leisureville is being done. This would have all been done in January if the people who live in Leisureville had not contacted Vice Mayor Jaskiewicz. Since Vice Mayor Jaskiewicz told him to proceed, all the permits have been issued. The plan for the landscaping is in as welt, which is strictly the berm and the trees around S.W. 8th Street. Ms. Heyden advised that as of last week, the landscape plan has not been turned in. If it has, Mr. Morton has 60 days from the time it is issued to construct it. She recommended that the construction not be tied to the master plan because building permits have a life of six months. They go into a dead beat file and it is incumbent upon someone to check and see if it is in the dead beat file. Therefore, there is a potential for the six months to turn into nine months or a year. Mr. Morton stated that the landscape plan was attached to the settlement agreement as an exhibit. Ms. Heyden advised that there were no exhibits with the agreement. If there was an exhibit, it was not an exhibit that was detailed enough to issue a permit on it. Vice Mayor Jaskiewicz thought the agreement specifically only addressed the berm and the ficus hedge separating the property between Leisureville and Mr. Morton's project. Mr. Morton said there was an exhibit to the agreement he submitted that showed Live Oak and Palm trees along S.W. 8th Street, as well as the five foot ficus hedge on the berm. Mayor Taylor clarified that the time frame will be 60 days from when the permits are issued. Condition 34 Ms. Cottrell said staff has indicated that if the 10 feet is acceptable that there be a specific landscape treatment. What staff recommended in terms of the quantitative planting, the placement planting, and the height of the trees is acceptable. It is significantly greater than what had been proposed, which met the code, and what was indicated in the buffer plan. The buffer treatment plan that has been recommended for the 10 feet is acceptable. However, she wished to discuss the recommendation that the 10 foot buffer plan be exclusive of the existing 2 1/2 foot Florida Power and Light easement that runs along the north property boundary. She said she showed FPL a copy of the buffer treatment plan and they had no problems with the use of their 2 1/2 foot easement for planting and fencing. The boundaries of the FPL easement would then be coincident with the 37 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 boundaries of the landscape buffer. To require an exclusive FPL buffer does not really accomplish anything, and reduces the amount of useable private yard for the single-family lots by 2 1/2 feet. There will also probably be a maintenance problem since there is no requirement that the 2 1/2 feet and the adjacent 2 1/2 feet be maintained. The Lake Boynton Estates property owners whose rear yards now would touch the rear yards of the single-family lots proposed for the north boundary have the use of that FPL easement. There is vegetation and fencing there, it has been used for private recreation areas by those families in those homes and she asked that this be done as well. She felt it would reduce maintenance problems and the benefit would be that the 2 1/2 feet is useable yard areas for the lots. Mayor Taylor pointed out that the reduction of the buffer from 25 feet to 10 feet is not recommended by staff, and staff recommendations apply only if the Commission approves this reduction. Condition 44 - It is recommended that the maximum height of the single-family structures be established at 25 feet. This height is consistent with the height limitation of the homes that are located to the north in the R-lA (Single-Family Residential) zoning district. Amend the site date on sheet 2 of 2 accordingly. Ms. Cottrell stated that the Kennedy Homes has proposed a project development that would be a mix of two-story and one-story homes. Typically, two-story homes have a minimum height of about 27 feet. She asked that the 25 feet recommendation be changed to 30 feet because it allows for the architectural treatment with peaked roofs at a more conventional height of 28 to 30 feet. There is a great deal more options in roof treatments when that additional couple of feet is allowed. The 25 feet on a two-story building is essentially going to get you a nearly fiat roof with very little variation in roof details. From an architectural standpoint, it would be far more interesting to allow some more options. The 25 feet is simply not even conventional. Thirty feet is far more reasonable. Mayor Taylor did not have a problem with this since it is next to a multi-family project. Vice Mayor Jaskiewicz asked if these homes have garages. Ms. Cottrell answered affirmatively. Condition 58 This condition relates to the buffer along S.W. 8th Street. Mr. Wohlfarth stated that one of the things that seems to be consistent on all the comments is to try to have consistency. Currently, along the dividing line between the Trammell Crow apartment project and the single-family is a buffer with a fence, hedging and trees, He would like to continue that 38 MINUTES' CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 fencing and buffer along 8th Street so it has a look that is consistent with the surrounding property in lieu of providing a two foot high berm with plantings on top. He believes this will provide more of a buffer and more security for the project. Commissioner Bradley asked what kind of fence it is. Mr. Wohlfarth said it will be a chain link fence, five feet in height, with a hedge and trees. Vice Mayor Jaskiewicz asked if the recreation center is on S.W. 8th Street. Ms. Cottrell answered affirmatively and added that some modifications were made after meeting with the Recreation and Park Department. In order to achieve the one-half credit, staff had suggested that the developer build a meeting room clubhouse. That was never in the original plans. That is an item that became very cost prohibitive, particularly since the homeowners will be maintaining it. Therefore, the developer has scaled down the private recreation area and will not be applying for the one-half credit. He will pay the cash in lieu of the one-half credit. There will be a pool. The north end of the recreation area that had been proposed for development with some smaller facilities will now be left as green space. She felt this is a much less intense recreation area and you get more green space. Condition 61 - To show no increase in trips generated by the proposed development, reduce the number of single-family detached units from 85 to 74 and omit the 16 duplex units from Pod 3. Amend the master plan sheet I of 2 accordingly. Ms. Cottrell advised that after an extensive meeting with the City Attorney, the City Manager, and the Planning Director, a traffic study was undertaken by Maria Palombo, a traffic engineer. Ms. Palombe also had several discussions with the City Engineer and the County Traffic Engineer about methodology and the results of her traffic study. Ms. Palombo said she met with Mr. Hukill and other staff members to determine the proper way to do a trip generation analysis of this development. After meeting with them, she contacted Palm Beach County to come up with some kind of methodology about the traffic study. The traffic study was done using two scenarios to see if they produced different results. The trip generation of the appropriate land uses was compared with that of the proposed land uses, and both studies showed that the proposed land uses would generate less traffic than the approved land uses. She said she submitted a copy of this study to Mr. Hukill and it was her understanding that he did not have a problem with it. She said she also submitted both studies to the county and they preferred the one that relates to the impact fee ordinance. Commissioner Bradley asked where this leaves us with regard to traffic trips and impact. He pointed out that a lot of this development is yet to come. Therefore we are sort of 39 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 playing a guessing game. Ms. Heyden stated that she spoke to the county today, and they told her that either study proved that this particular project does not generate an increase in trips for the overall project. That includes the PCD and the PUD. Therefore, Condition 61 could be deleted or rejected because the piece of property where the Cracker Barrel was approved was previously approved for approximately 58,000 square feet of retail. When we compare those two uses, the Cracker Barrel generates less traffic. Also, there is a decrease in one of the outparcels on the east side of 8th, the reduction in size of a fast food restaurant. That reduction allows this increase so there is no net increase in trips. In response to Vice Mayor Jaskiewicz' question about the duplex units, Ms. Heyden said they can stay. Commissioner Bradley asked where this leaves us in total numbers. He knows we cannot project how that is going to be because we do not know what is going to be developed on the remaining sites. He asked if this is not part of what we are trying to accomplish. Ms. Heyden asked Ms. Palombo to describe what she projected for the unbuilt parcels in the PCD: Ms. Palombo did not know if the fast food restaurant with a drive through has been approved. She has 6,745 square foot of commercial in one of the outparcels. The other outparcel contains 4,000 square feet of commercial and an additional 157,000 square feet of commercial. That is what has not been built or approved at this time. The actual total number for the commercial is reduced. She shows the approved one as 315,580 square feet of commercial and the proposed one as 286,544 square feet of commercial. So there is actually a decrease in the total square footage. Vice Mayor Jaskiewicz asked her if she took into consideration the commercial space between Home Depot and the Vinings. Ms. Palombo said that is the one that she is assuming is going to be 157,000 square feet of commercial. Commissioner Bradley stated that as projects are approved, it is at that point in time that the applicant is assessed an impact fee on the traffic trips. Until that happens, we do not really know what those actual trips are going to be. He asked if we have estimated accurately to buildout of the whole project. Ms. Heyden stated that Mr. Morton waited to do this traffic study until now because now he has a better picture of how the rest of the commercial project is going to be built out. She felt this is pretty accurate and allows a little bit of a buffer. Condition 10 Regarding the sidewalks, Ms. Cottrell said the movement now in development is towards sidewalks on one side because it is simply more efficient. It leaves more land for lot 40 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 areas. However, in the 40 foot right-of-way that is proposed, it is possible to design cross section that includes sidewalks on both sides of the street, acceptable travel lane pavement areas, and accommodates the drainage. There were two parts to this condition. One was sidewalks on both sides of the street, and the other was the 40 foot widths on the right-of-way. We are willing to do sidewalks on two sides of the street if we can do it within a 40 foot width. The 40 foot width is acceptable to the county and many other municipalities and can be demonstrated from an engineering standpoint to be safe and efficient. It provides an opportunity for both pedestrian and vehicular traffic, with the separation between the two. It is also efficient from a land use standpoint. Vice Mayor Jaskiewicz asked if this would satisfy the Fire Department's requirements. Ms. Heyden stated that the Fire Department did not make a comment about the right-of- way width. That comment came from the Engineering Department. Mr. Hukill said this is another one of those issues similar to the parking stops discussed earlier this evening, The code states that the minimum right-of-way on a local street is 50 feet. He did not know how that was arrived at; however, there are reasons to have a 50 foot right-of-way. This particular proposal takes 24 feet out of the center for the pavement and the two valley gutters. That leaves 8 feet on each side, with a 5 foot sidewalk. That takes 5 more feet out of the 8 feet, so you have a 3 foot green space and the access to the utilities becomes questionable. With a wider right-of-way, instead of 3 feet, you would have 8 feet. He pointed out that the Boynton Beach City Commission has approved 40 feet in other areas of the city. His personal feeling is that the neighborhoods are very tight and restrictive as you drive through them. The code states the minimum is 50 feet. He recognizes that the purpose of a PUD is to try to come up with some total proposal that is better than the sum total of what is in the Land Development Regulations. If you feel that the 40 feet is part of what you need to compromise to obtain single-family homes on that property, that would be an important consideration. He thinks the purpose of 50 feet is to provide more space for utilities. Ms. Heyden suggested not compromising on the sidewalks. She stated that the lots are only 4,200 square feet, and she predicted there would be a lot of young families with children living there. She said sidewalks are used not only to stroll, but as a place for children to play when they have shallow back yards. Commissioner Bradley referred to the chain link fence and the Vinings I development. Mr. Wohlfarth stated that in the approval for the Vinings project, in the second phase, between the multi-family site and the single-family site, what was being proposed and will be built with the second phase will be a chain link fence with hedge material and trees. We 41 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 would continue it around to provide a buffer both for security and shielding from the houses to the road. The hedging material would be on the Vining side. The fence will not be seen once the hedging material (Cocoplum) grows in. Ellen Smith of Unger Smith and Associates represented the First Baptist Church of Boynton Beach, which is a property owner within the PUD. She referred to the consent submitted by the application. It was her understanding from talking to Mike Haag of the Planning and Zoning Department that you must have consent of the majority of the ownership of a PUD to submit a master plan modification. This applicant still has control of the PUD; however, it does not own the majority of the PUD. She respectfully requested that the proper consent be obtained or that the practice of requiring the majority of consent be publicly suspended. City Attorney Cherof has not seen the application, is not aware of the provision, and has not heard this comment from staff. Ms. Smith said Mr. Haag agreed with her assessment. She said the consent is only signed by this applicant. She asked if the master plan modification must be submitted by the majority of the property owners. She said this is an important issue to the First Baptist Church. As they sought to modify their approval, they have been stymied by this very issue. Mayor Taylor said we will have to research this issue. Ms. Smith said perhaps a condition of development approval could require such consent prior to the next action if this is final action tonight. City Attorney Cherof felt it would be premature to put that condition on it without having researched it. Ms. Smith asked what happens if there is not proper consent. City Attorney Cherof said he would then assume that she has standing to challenge the decision of the Commission. Ms. Cottrell stated that the majority of the property owners are present tonight. She advised that she could provide the appropriate documentation in the morning. Lisa Waters resides at 709 S.W. 4th Avenue, which is located along the north boundary of Pod 1 of the Woolbright PUD in Lake Boynton Estates. She said she and her neighbors are concerned about the request to reduce the north PUD buffer from 25 feet to 10 feet. She concurred with staff's comments 26 and 28 which are to deny the agent's request to reduce the north landscape buffer from 25 to 10 feet and to reduce the north PUD buffer from 40 and 60 feet wide to 20 and 25 feet wide. She did not believe the compromise suggested in comment 34, which talks about an 18 inch earth berm centered within a 10 42 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 foot wide landscape buffer, is good enough. She believes that the city should stick to its original commitment with her neighborhood and maintain the buffer as originally agreed. She said the proposed buffer plan shows essentially a tree and a fence. It is really not a landscaped buffer. She believes that the 25 foot space in the landscape buffer is key to the success of the PUD. She felt this should be judged in part by its continuity with the already established neighborhood to the north, which is her neighborhood. She also believes that maintaining the 20 foot buffer is consistent with the intent and purpose outlined in the city's Land Development Regulations which is to establish the PUD following all appropriate development standards and to promote all the good things that go along with the PUD and "the protection of adjacent and existing and future city development". She did not feel that the reduction in the buffer is consistent with that language and she requested that the Commission include the 25 foot landscaped buffer on the north PUD boundary as a condition of approval. She asked if it is possible to be placed on a mailing list regarding this project. She stated that as a working person, it is very hard to keep up with applications. Mayor Taylor was sure this could be accomplished. Commissioner Bradley pointed out the possibility of this development reverting back to the original plan if we deny this request. The benefit is clear about getting single-family homes as opposed to rentals. Also, there is a benefit in having a one-story unit or home as opposed to a much larger block type facility. He asked Ms. Waters to comment on this. Ms. Waters asked if Commissioner Bradley is saying that the allowance for single-family homes is dependent upon a 10 foot buffer as opposed to a 25 foot buffer. Commissioner Bradley said that is basically what the applicant is saying. They are bringing in a better product but they are reducing the buffer because they feel they need the yards for single- family homes. Ms. Waters said that is a very important point and is something that without knowing a lot of the background of where that originally came from, is difficult. It is a concern that there are multi-family units there. It is a concern that there are single-family with potential two-story. If she can be guaranteed that the single-family dwellings will only be single-stow, then maybe there could be a compromise. Commissioner Bradley wondered what the applicant could do to the 10 foot buffer to make it satisfiable. Ms. Waters said if there is something more than a vinyl coated fence and a few single trees, then maybe there is room to compromise. She said maybe that has to do with the guaranty that the homes that backup to that will not be faced with a two-story house. Gary Lehnertz, 619 S.W. 2nd Avenue, was concerned about the fact that the applicant does not want sidewalks on both sides of the street when this is city code and would make things safer. Along with that was 40 foot streets. He felt we are crowding things in. He 43 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 did not think doing away with swales was a good idea. Swales work fine and provide extra buffer area and play area for the children. With regard to the 25 foot buffer, he said he intervened with the Department of Community Affairs with the city's Comprehensive Plan and the result of that intervention was an agreement that there would be a 25 foot landscape buffer with a berm and a particular setback for the Tradewinds properties. That 25 foot buffer and berm is supposed to have a significant number of native trees, shrubs, and ground cover. In fact, all that landscaping was significantly greater than what would normally be required by city codes. Commissioner Bradley asked City Attorney Cherof if it is true that in that document there is a specification to footage. City Attorney Cherof said, No, not directly in the document itself." He said it makes reference to the landscaping and the type of vegetation, but it does not refer at all to the size configuration of the berm. It references a landscape plan that was submitted and agreed to between the developer and approved by the city. Mr. Lehnertz felt the city has a moral obligation to attempt to promote and keep those types of agreements. The landscape plan was agreed to by all parties, and that landscape plan was a 25 foot buffer. He also pointed out that at that general time frame, there was also a plan that was floated by the developer to put single-family homes in this area. This is not the first time that we have seen a plan to put single-family homes here. He felt the developer has been consistently putting a gun to the city's head. Commissioner Bradley asked Mr. Lehnertz to comment on the benefit of single-family homes versus multi-family homes. Mr. Lehnertz did not agree that this should be the debate that we should be restricted to. He did not believe we should be restricted to operating only on the playing field that the developer tries to push us onto. Carol Fretwell, 713 S.W. 3rd Avenue, asked for clarification. She was concerned about the 10 versus 25 foot buffer. She felt compromise has already been made on several points. She did not see any reason for cowing over on this and felt the city was bending over a little too far. A homeowner at 706 S~W. 4th Avenue said his property abuts the proposed buffer. He would like to see a 25 foot buffer, but if that is not an option, he did not want a two or three- story building in his backyard. He would like to see single-family homes as opposed to multi-family. Everything around this project is single-story homes. A multi-family would not be aesthetic with the community. 44 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Vice Mayor Jaskiewicz felt it would be great if the developer met with the residents to come up with a better landscaping berm. The homeowner stated that there is a six foot stockade fence in his backyard. Beyond that there is a mound. If that would remain and have landscaping put on top of it, he would have no problem. Vice Mayor Jaskiewicz said if the developer would agree to put one-stow homes on the perimeter area adjacent to the homes, this might be more agreeable to the residents. A man who lives on the north boundary of this property was concerned about the buffer. If there is going to be a 10 foot buffer, he would like more information about a better barrier being put there. He also preferred single-family homes instead of multi-family dwellings. He asked about the price range of these homes. He also asked about the change in the recreation plan on the northern corner. Ms. Cottretl advised that the price range of the homes is $95,000 to $110,000. With regard to the recreation requirement, the developer selects five facilities to get his half credit out of eight listed in the code. Typically what you wind up with is one, two, or three of the facilities that the developer really wants to build, and he throws in the rest of the stuff just to meet the half credit. We have taken back all that throw away stuff and the homeowners will get a pool. With the reduction in the buffer width, there will be more allowance for private recreation. The 25 foot buffer was proposed as a way to mitigate the potential impacts from having potentially incompatible multi-family next to an established stable single-family development. The Kennedy group is willing to offer that no more than one- third of those 14 lots that are adjacent to the north property line will be built as two-story and any two-stow selected will be set back an additional 10 feet, for a total of 35 feet instead of the proposed 25 feet. Therefore, you not only have an adequate berm and landscape buffer, you have an additional setback and a limitation on the number of two- stow buildings with a height limit of 30 feet. In order for single-family to happen here, it is going to have to be feasible. We have to consider what the cost of maintenance and the reduced number of lots that are going to be achievable if we have to maintain 25 feet. Ten feet is adequate and far more than the code requires from rear yard to rear yard on single-family conventional designed subdivisions. The buffer plan that has been proposed by staff is acceptable to the developer. It presents both security and an aesthetic treatment and still allows for some rear yards that is useable for these homes. The developer is also willing to have a 45 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 restriction on the number of two-story with additional setback if that particular model is selected for one of the 14 lots on the north side. Vice Mayor JaskiewiCz asked how far the pool area is from the residences of Boynton Lakes. Ms. Cottrell said it will be set in the larger portion of the leftover space along S.W. 8th, in the south portion. The north portion is going to be green space. It will be 75 to 100 feet from those residences. The common recreation area will be concentrated in the recreation pod, and that is going to be a swimming pool. The only thing on the north property boundary is the private yards. You will have rear yard to rear yard on the north boundary. A woman asked if there is any reason why this cannot be redesigned so that it will provide a 25 foot buffer. She said it looks like the entire length of the north buffer is going to be reduced and part of that is multi-family. As you go farther east, it turns into some multi- family units. She asked if the 25 foot buffer will be eliminated there as well. Ms. Cottrell advised that this project only contains single-family homes. Mayor Taylor said Ms. Cottrell agreed that only one-third of the 14 lots will be built over one story. This means that 5 of the 14 houses could be two-story. Ms. Cottrell answered affirmati~)ely. She added that it could be less, depending on which models the buyers select. There is an expectation that there will be some selected for the north area, and the developer is willing to increase the rear yard setback by an additional 10 feet. Vice Mayor Jaskiewicz asked if all 14 homes could be one-story. She pointed out that there are so many other places to put them. Mr. Wohlfarth said the reasoning behind it is the streetscape. They will all have the same look if they are all one-story. We found that sprinkling a few two-story buildings breaks up the monotony ahd creates a better neighborhood. He believes it will create a nice streetscape and also a nice rear scape. Mayor Taylor said the outstanding issues are 40 versus 50 foot wide streets and the setback. He stated that at the Planning and Development Board meeting, the people insisted on a 25 foot buffer. Now he is hearing that if it is single-family, maybe we can go with a 10 foot buffer. Mayor Taylor pointed out that a third of it is going to be two-story. He thinks the assumption is that if you go with a 25 foot buffer, that you are going to get multi-family, and you have a 10 foot buffer, you are going to get single-family. He was not sure that was true. He does not know if the project will go back to multi-family. He felt you have to go along with the people living there versus the people who may live there some day. The people wanted a 25 foot buffer. If we insist on the 25 foot buffer, they might build 46 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 multi-family. That is a chance we have to take. He pointed out that there will be at least five two-story homes. Mr. Lehnertz said there was originally supposed to be two-story multi-family housing in this area. The buffer was supposed to have a six foot high berm. On top of that berm was supposed to be a whole series of trees, minimum 15 feet high, 20 foot on center, which was essentially going to give you a 21 foot high landscape vegetation wall. Underneath the trees was supposed to be shrubs and ground cover. So essentially there was going to be a wall that was 21 foot high so that the people on the north side would not be able to see these two stories. Now you have two-story houses with a 10 foot buffer. The setback for the apartments was supposed to be 40 feet. Now all of a sudden you have 30 feet and they are looking straight down. He felt we have given up too much. Ms. Heyden stated that the original setback was 60 feet. Also, the buffer was originally planned to be a 3 to 1 slope with a live green wall 8 feet high. Mathematically and physically you cannot get a 3 to 1 slope with a four foot berm in less than 20 or 25 feet. In order to make it work mathematically, the berm had to be that width. Ms. Heyden also advised that the pool is only about 50 or 55 feet from the residences, not 75 to 100 feet. Commissioner Bradley asked her to comment about the parcel to the east that Ms. Waters referred to. He asked if there will be a 25 foot landscape buffer there. Ms. Heyden advised that this buffer is required because consistent with the master plan and the master plan for this portion, it was to be 25 feet because they have multi-family. They have to put in the 25 feet when Phase 2 is constructed. Condition 13 (the 40 foot sidewalks) was acceptable to Vice Mayor Jaskiewicz. She was concerned about having more density with the berm. Commissioner Titcomb felt we need to abide by the intent of the entire 25 foot landscape buffer. He said the applicant stated that the worse case scenario would be that each lot on the master plan would lose 2 1/2 feet in its redesign if we force the 25 foot buffer. Commissioner Titcomb felt it can be slid possibly a little to the south where they could make up some of that footage. He felt we should stick fast to the 25 foot berm. Commissioner Tillman was concerned about the existing community. He felt we need to maintain the spirit of the document in terms of landscaping and buffering. He would like the 25 foot berm. 47 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mayor Taylor pointed out that at the visioning conference we talked strongly about upgrading housing in this community. He did not see this as an upgrade in housing. He felt it was a lot of single-family crammed into small lots with miner setbacks, minus the proper width and buffering. He had a problem approving anything less than the conditions set out by staff. Commissioner Bradley agreed with Mayor Taylor about the rental versus single-family issue. He thinks that even if it is a small home on a crammed lot, there is pride of ownership and there is a real difference between the single-family experience and the rental experience. When this was first presented, Commissioner Jaskiewicz said she asked the developer to reconfigure the lots adjacent to the immediate property owners and to reconfigure the recreation area. She felt the neighbors should have the final say with regard to what type of housing they want adjacent to their neighborhood. She asked if the developer could maintain the buffer and reconfigure the homes. Mr. Wohlfarth explained the problem you have when you have an infill parcel. He said there is a length and a width. You look at those lengths and widths and come up with a number of lots that can fit. In addition to city requirements, we also look at what the community would like to see as far as the depth of the lot. When you apply that, it ends up being the layout you have seen. He would be happy to eliminate the two-story units adjacent to the development to the north and limit the single-story along the northern property line. With regard to the buffer, our building heights are going down to a single-story building with a roof, which would be 17 feet maximum. Vice Mayor Jaskiewicz asked why the pool area cannot be in the center of the development. She was concerned for the children's safety since the pool is next to 8th Street, which will eventually have a tremendous amount of traffic. Mr. Wohlfarth said we are going back to the Planning Commission with this project. If we are down to an issue of the recreational area, we can take a look at it to see how we can reconfigure it. We could put some lots where the recreation area is now and put the recreation area someplace else. If the Commission strongly recommends this, we will try to accommodate this at the Planning Commission meeting. Vice Mayor Jaskiewicz absolutely did not like the recreation area adjacent to a main street and to an existing neighborhood. 48 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Commissioner Bradley moved to approve the Woolbright Place PUD master plan modification, subject to staff comments as alluded to tonight, which is to have a 50 foot right-of-way, to have two sidewalks, and to have a 25 foot berm Commissioner Titcomb seconded the motion. Mayor Taylor understood the motion to include Conditions 10, 13 and item 34 as printed. The motion carried 5-0. Project: Agent: Owner: Location: Description: Nautica Sound (FKA Knollwood Groves PUD) Karyn I. Janssen, Kilday and Associates, Inc. Alan Fant, GL Homes of Boynton Beach II Corporation Northwest corner of Lawrence Road and the LWDD L-19 canal NEW SITE PLAN: Request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD Colleen Walter with Kilday and Associates was present on behalf of GL Homes of Florida, the developers of Nautica Sound. She stated that nothing done so far has been controversial at either a staff level or at the Planning and Development Board. She addressed three outstanding issues that were leftover from last week. The first issue is a change to the plans from what was originally submitted. At last week's Planning and Development Board meeting, we requested that we be allowed to incorporate a buffer wall within the Hypoluxo Road landscape buffer. Our required landscaping will be on the outside, or Hypoluxo Road side of the wall. We will provide additional landscaping on the inside of the wall. We reviewed this change with Engineering, Zoning, and Utilities prior to bringing it up at the Planning and Development Board meeting, and we had no objections from staff or the Planning and Development Board to this wall being incorporated in the buffer. We feel it will be an addition to the community to help buffer the project from Hypoluxo Road. One outstanding issue was in regards to the calculation of sign face area. She displayed the proposed signage for Nautioa Sound and explained the way the sign code is written to calculate sign face area. When the letters are not on a decorative background, you would enclose them in a rectangle and calculate that square footage. We are proposing to utilize 49 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 cast stone behind the letters. It will be a consistent color to the balance of the wall. It also will help upgrade the signage. It is Mediterranean and the project is Mediterranean in design. It helps further the image. If this background was stucco, you would not have to calculate it as sign face area. However, because it is decorative tile, the Building Department originally said that it had to be calculated, in which case, we would exceed the maximum sign area permitted. At last week's meeting, Ms. Heyden offered to discuss with the City Attorney the calculation, or how the sign face area definition should be calculated. She thinks the outcome was that due to the fact that our background is consistent in color with the balance of the sign, that we would be allowed to calculate it by enclosing the letters in a rectangle. If that is the case, she proposed an amendment to Building Division condition number 5. She proposed that this condition be amended to state that the sign face area shall be calculated by taking the sum of the areas of the smallest contiguous rectangle containing a letter or symbol exclusive of the proposed cast stone background decoration. That is essentially taking the verbiage right out of the code for sign face area. City Attorney Cherof stated that an easier solution would be to reject comment 5. Conceptually, Mr. Hukill felt the idea Ms. Walter is proposing is all dght~ However, this is another one of those situations where we need to make this a level playing field for every applicant on every project. He suggested that if we decide that the way we measure signs for this applicant on a pre cast background is done in a particular way, we do the same if it was on a piece of metal, porcelain enamel, glass, or on anything else and then consistently hold to it. The applicant's point is that they do not have a frame around it or a background other than the pre cast. Therefore, you do not have a frame to count. Hence, the letters themselves can be larger. When the Commission decides this issue, he will come back to them if it requires a change in the code to agree with their decision. Commissioner Bradley asked how large the letters can be, given the largest frame. Ms. Heyden stated that it is unlimited and depends on how many letters there are in the word being advertised. Ms. Walter used the subject sign as an example. She said the code allows 32 square feet of sign face area. If you calculate this Based on enclosing the letters and the symbol within a box, you are looking at 23.8 square feet. Therefore, technically, if we were using this interpretation to get a bigger sign, we are still about 10 square feet short of what we could have. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 proposed a hedge along the perimeter of the parking area where it is visible from any adjacent street. However, in lieu of putting a hedge around this area wherewe feel it will obstruct someone who wants to park there and walk over to the top lot, or park there and walk down to any of the play courts, we are proposing to do berming and landscaping around the perimeter of the site, including landscaping around the perimeter of the recreation amenities. Staff is willing to work with us to take qredit for the perimeter buffering as opposed to providing a hedge directly adjacent to and around the parking area. No one in the audience wished to address this development plan. The Commission had no problem with the first and third issue. Mayor Tayior's only concern with the second issue (the sign) is that it sounded to him like we are changing the rules, depending on the sign. He pointed out that this does not seem to be consistent with the city's goal to look at the signage in the city to bring it to some conformity. He asked if the proposed sign is within code. Ms. Heyden stated that everything is within code, except the sign area. Commissioner Titcomb felt this is a very different application than a pole or monument sign. It is an entry wall type treatment, and he was in favor of adding a provision to the code to allow this type of signage. He did not think this visually affronts our sign code as it now stands. The sign looked huge to Mayor Taylor. Ms. Walter pointed out that Palm Beach County differentiates between point of purchase signs and entry wall signs in their code. Motion Vice Mayor Jaskiewicz moved to approve the request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD, as presented by the applicant. Commissioner Tiliman seconded the motion, which carried 5-0. C. Project: Agent: Applicant: Owner: Knuth Road PCD Service Station Kieran Kilday - Kilday and Associates, Inc Andrews & Copans Gas & Oil Company, Inc. Bill R. Winchester, Elsie A. Winchester individually, Elsie A. Winchester as Trustee, Ruby A. Winchester, The Winchester Family Partnership, Ltd. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 F Location: DESCRIPTION: Southwest corner of Boynton Beach Boulevard and Knuth Road NEW SITE PLAN: Request for site plan approval to construct a convenience store with gasoline sales and car wash on 1.13 acres Colleen Waiter of Kilday Associates represented Andrews & Copans Oil Company, the contract purchasers of the service station outparcel at Knuth Road PCD. The previously approved master plan is tied with the zoning approval. Previously, a food mart with a connected canopy was approved as part of the rezoning for the PCD. She sought final site plan approval for a redesign of the gas station layout as well as for the architecture and landscaping. This site received site plan approval previously in 1990. We are proposing to reconfigure the layout so that the food mart and car wash are now connected with the pump islands oriented towards Knuth Road. Also, the landscape that is proposed exceeds code and is consistent with the past approval. This will be the first development parcel as part of the Knuth Road PCD. The balance of the project has not received final site plan approval as of yet. We have been working with staff and discussed at last week's Planning and Development Board meeting a revision to Condition 23 in regards to commitments made as part of an agreement between the property owner, Bill Winchester, and the adjacent Stonehaven Homeowners Association. We are proposing a revision to Condition 23. An agreement was made in June of 1990 between the property owners and Stonehaven and it tied in three projects which were going through approval at that time. They were the Knuth Road PCD, Boynton Beach Boulevard PCD, and Tara Oaks, which was a residential development. That agreement was recently amended last week to clarify one of the requirements in that agreement specific to the Knuth Road PCD project. Buffer walls that were required to be constructed on the Stonehaven Homeowners Association were requested to buffer that project from Knuth Road. Knuth Road currently ends just south of Boynton Beach Boulevard. With the development of Tara Oaks recently, when you approved the modification for that site plan, there was a new condition imposed that the Tara Oaks Development would build Knuth Road from Woolbright Road to the L-25 Canal prior to their first Certificate of Occupancy. The condition goes on to say that the balance of Knuth Road will be buitt simultaneously with Tara Oaks and will be completed no later than 21 months after the issuance of the first CO. The agreement between Stonehaven and the property owners has been amended to state that the buffer walls that are required in this area will be constructed concurrent with the construction of Knuth Road. The intent was that these buffer wails would serve as a buffer from the traffic on the roadway as well as to provide security for that development. We have requested a change to the first part of Condition 23 to re~"lect that recently amended agreement which states that to comply with this agreement, all masonry buffer walls and associated landscaping 52 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 referenced shall be built as part of the project for the construction with the presently uncompleted segment of Knuth Road running north from the LWDD L-25 to its present terminus. The second part of that condition also refers back to verbiage in the original agreement in regards to installing signalization at Knuth Road and Boynton Beach Boulevard when warranted. At last week's meeting we cleared up the provision that the signalization would be installed when warranted. Obviously, signals have to meet specific warrant studies done by DOT in Palm Beach County. Even if we wanted to put one in, we could not if we did not meet their studies. There was a provision also put in regards to posting of a bond for that signal. As the site plan approval is for the gas station outparcel and for a contract purchaser, we would like to amend the bond provision to reflect that division which states that a bond shall be posted for the service station's pro rata cost of the signal, which is approximately 19 percent, based on the amount of traffic that the service station is generating versus the overall Knuth Road PCD. That bond will be posted at the time of the CO. The remainder of the shopping center will be responsible for posting the balance of the bond in a like manner. Ms. Walter said she talked to her traffic engineer and he indicated that the signal will not be warranted with the construction of the service station. If by chance the other outparcel, the bank, is built first, this signal will probably also not be warranted. The traffic engineer felt that the traffic generated by the balance of the commercial shopping center will warrant the signal. With regard to the masonry buffer wall, Ms. Heyden stated that the wording that is in her agenda memorandum of May 15th is right out of the Stonehaven agreement that we have on record that conditioned the rezoning. She was unaware of the new agreement that Ms. Walter presented to her today. This was an agreement that was done between Stonehaven and the applicant. She explained what that agreement did. Instead of tying the wall to this project, it ties the wall to the construction of Knuth Road, whenever that happens. The reason that the applicant and Stonehaven entered into this revised agreement was to lie the buffer wall to the construction of Knuth Road. It seemed to Commissioner Bradley that it makes some sense from the standpoint of the person who is building the road, but it makes no sense from Stonehaven's standpoint. He pointed out that Stonehaven was so adamant about this wall going up. He could not believe that they have changed their mind. Ms. Heyden advised that Ms. Walter did not produce this revised 1995 agreement with Stonehaven until affer the Planning and Development Board meeting; therefore, they did not have the benefit of seeing it. 53 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Roger Bennett from the homeowners association was present. Mayor Taylor asked him if it is his understanding that the wall is tied to the construction of Knuth Road or to the construction of the service station. Mr. Bennett stated that the original agreement was done in 1990. He thought it was all going to happen at one time. He understands now that they do not have to put a wall in for that service station, but the wall is tied into the construction of Knuth Road, which he understands will probably take place later this year. The wall has to go up at the same time the road goes through and before that road can open up, that wall has to be in place. The residents are satisfied with this. Vice Mayor Jaskiewicz asked if the residents are ready to accept the fact that they will not get that wall until Knuth Road is built. She pointed out that Knuth Road may not be built for 10 years. Mr. Bennett said we do not need that wall until Knuth Road is built. Mr. Hukill had a slightly different perspective. He was in complete agreement with Stonehaven's position; however, he thinks this is another case of the ball getting kicked around. Right now there is a condition on Tara Oaks, which has nothing to do with the service station, that their first COs cannot be issued until the road is constructed, which would precipitate the wall. However, Tara Oaks may never get built. If it does not get built, and this project does, then the developer will take the position that Knuth Road does not have to go through. The reality is that the onus for the construction of Knuth Road to the first canal is on this PCD, not on this station. The responsibility for that road is slipping farther and farther away. He felt the best thing to do is to leave the wall as a condition of the building permit (the way Condition 23 is written). He has not yet seen the agreement between Mr. Winchester and the Tara Oaks people for the construction of that road. Mr. Bennett said he was told that there could not be a CO on any of the Tara Oaks unless the road went through. Mr. Hukill said that is assuming that Tara Oaks is built. Commissioner Bradley asked how the wall would benefit the situation for the road. Mr. Hukill said the Wall would be some protection against the construction that is going to occur. He felt that the north part of Knuth Road will occur as this PCD at the north end develops. Having the wall there before alt of this construction is. better than having it there during the construction. Mr. Bennett did not think having the wall there prior to road construction is going to be good. They are going to connect drainage to one of our lakes. That means they are going to have to go under the road or through the road. They cannot do this with the wall in place; therefore, they would have to tear the wall down to do it. Also, the wall is going to be coming inside to match up with some gates. If that road is not there, it is going to be pretty hard to figure out what to do with the wall. 54 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mr. Hukill felt that is an argument for doing it because that forces the issue of drainage and everything else that has to be settled. Ms. Walter clarified that Andrews & Copans Oil and Gas is the applicant, which is different than the owner. She was present tonight on behalf of the applicant. Regarding the status of Tara Oaks and Knuth Road, the construction plans for Knuth Road are being prepared. They are about 80 percent complete. Construction plans are being prepared for the entire link. Kiernan Kilday met with Charlie Walker from Palm Beach County Engineering last Thursday to discuss these construction plans and impact fee credits, which were also approved as part of the project. It is Ms. Waiter's understanding that they are proceeding full speed ahead in getting those plans prepared. She also thinks they are working on rectifying their site plans or going through some of the follow-up approval processes from their last site plan approval for the Tara Oaks project. As far as she and Mr. Kilday know, that project is going forth. With regard to building the wall before the road. essentially, there is going to be construction activity to build the wall. There is then going to be construction activity to build the road. Obviously, the construction activity for the road is probably going to be much more active than for building a wall. You are going to have a situation of having two construction time frames versus one. Also, the wall will be located outside of the Knuth Road right-of-way. Currently, there is landscape and a pump house for Stonehaven that will have to be moved to allow for that wall to be constructed. It would be better to wrap that all into one package and do all of those improvements at one time. She said from what it sounds like, the service station, if approved,, is pretty much a done deal. They hope to be open very soon. Also, Tara Oaks and Knuth Road seem to be progressing expeditiously through the process. Vice Mayor Jaskiewicz felt the gas station would never have been approved without the public outcry from Stonehaven who wanted that wall. She thought they wanted the wail immediately. It was contingent upon them getting the wall and us approving the service station, which she strenuously objected to because it did not meet the criteria that we set forth for stations. Commissioner Bradley felt we should go ahead with the way it is and not change it. In light of Mr; Hukill's points, he was in favor of the initial plan. With regard to the bond and traffic signal, Ms. Heyden felt it was odd that bondS are pro rata. Mr. Hukill felt the traffic that will generate the warrants for that light will come from the PCD and that is where the whole bond should be posted. Whether or not the service 55 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 station is required to pay a part of it is between the owner of the PCD and the service station. Our interest would be in getting a bond to pay for that signal as soon as it is warranted. Mayor Taylor asked if we normally require everyone to put up a bond in case a traffic light is needed some day. Commissioner Bradley asked if this was part of the original agreement. Ms. Heyden answered affirmatively to both questions. Ms. Walter stated that the bond requirement was not part of the original agreement. On behalf of the gas station, she said the balance of the center has yet to come through for site plan approval. Therefore, it cannot build until it does so. On behalf of the contract purchaser, she requested that we amend the condition to require the posting of the bond when the balance of the shopping center comes through for their site plan approval because hopefully that would mean that they are going forth to construct and, therefore, will be putting the traffic on the road that warrants the signal. Mayor Taylor inquired about the cost of a traffic signal. Ms. Walter estimated it to cost about $50,000. Mr. Hukill asked if Ms. Walter was suggesting that the bond be placed on the PCD. Ms. Walter answered affirmatively. She said it still has to come forth for site plan approval prior to any type of development. Mr. Hukill asked her if she is suggesting that the condition be eliminated. Mr. Walter answered affirmatively. She said it really applies more to the balance of the shopping center than to the gas station itself. The requirement is still part of the agreement between the property owner and Stonehaven. Therefore, the requirement is still there. Also, it was part of the original zoning approval. She said this condition to bond the signal is more applicable to the balance of the center than to the gas station. Mr. Hukilt agreed to this. He thinks that is reasonable because that is the traffic that is going to generate the signal. Vice Mayor Jaskiewicz pointed out that the residents already feel that traffic hazards exist to a great extent and that they take their lives in their hands at the present time, even without the gas station. Mr. Hukill pointed out that they. will not put a light in if the warrants are not there. In response to Vice Mayor Jaskiewicz and Commissioner Bradley regarding Condition 23, Ms. Heyden advised that if the Commission wants to tie the wall to this project and 56 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 postpone the bond, then the last part of the sentence of reworded Condition 23 in her May 15th memo, after the semi colon, should be deleted. Motion Commissioner Bradley moved to approve the Knuth Road PCD Service Station site plan subject to staff comments. Vice Mayor Jaskiewicz seconded the motion. No one in the audience wished to speak on this development plan. With regard to the last sentence in the memo dated May 15th, which states that the Board recommends an additional comment that the cross access to the adjacent property to the west be relocated with the site plan approval of the property to the west, Commissioner Titcomb asked if this will come up under site plan approval. Mayor Taylor advised him that this is part of staff comments. The motion carried 5-0. D. PROJECT: AGENT: APPLICANT: OWNER: LQCATION: DESCRIPTION: Boynton Beach Mall, Department Store F Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods & Goodyear DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership 801 North Congress Avenue MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure This item was dispensed with earlier in the meeting. E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Vinings at Boynton Beach - Phase II CCL Consultants, Inc. Boynton Beach II Limited Partnership, a Florida limited partnership, and its assigns East side of S.W. 8th Street, approximately 1900 feet north of Woolbright MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to increase the number of 57 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 apartment buildings from 12 to 16, omit building types III and V, add a volleyball court and reconfigure other recreation amenities, alter building types II and IV, add a building type VI and reconfigure the parking and access areas Rick Wohlfarth of CCL stated that the number of buildings was increased from 12 to 16. In order to do that, we reduced the number of units per building. There is no increase to the number of units on the property. The primary reason this was done was to create a more upscale community in Phase II. Specifically, 30 percent of the units will now have direct access garages which was, during the leasing of the first phase, an item that was felt to be wanted by some of the residents who were potentially moving into Phase I. Secondly, the property itself is being upgraded. He was in agreement with comments 12, 18, and 38, which Ms. Heyden had noted were modified from the original staff report. The only difficulty he had was with comment 42, which states that given the fact that there are two ownerships of the property, a hedge was to be put between Phase I and Phase II of the residential development. This means we are asking to put a hedge in front of units looking onto a lake on an imaginary line that really has no meaning being there. The ownership has been broken into two ownerships. We have platted and gone through the PUD requirements because there are two financing mechanisms to build these two projects. The two owners of the property are the same and are happy not having a hedge between the two projects. He requested the Commission's approval for the project as recommended with the one qualification that no hedging material separating this imaginary Phase I/Phase II line be required. Vice Mayor Jaskiewicz had no problem with this. She felt it made sense. She liked the way the buildings are set up a lot better in this phase. She felt the garage access is excellent. Ms. Heyden asked Mr. Wohlfarth if he agreed to Comment 42 as it is rewritten. (Recommendation is to delete the note and add after the reference to the hedge along the south property line of Phase II that, provided unified control of both phases is verified at time of replatting of Phase II, the south hedge shall not be required, including filing of a landscape appeal.) Mr. Wohlfarth said we do not have a unity of title. There are two separate owners that happen to be two entities that are controlled and owned by Trammell Crow, but there are two individual owners. Therefore, if what Ms. Heyden is suggesting is that at the time we go forward with this phase, if it is one owner, in essence two entities but one owner, we do not have tq have the hedge, then we are in agreement. Ms. Heyden said as long as there is unified control and as long as one group manages both Phase I and Phase II, then she has no problem deleting the ;hedge and not requiring an appeal. 58 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Mr. Wohlfarth said regardless of the ownership, this is under one ownership as far as the management of the two parcels. No one in the audience wished to address this development plan. Motion Commissioner Titcomb moved to approve the major site plan modification request to amend the previously approved site plan to increase the number of apartment buildings from 12 to 16, omit building types III and V, add a volleyball court and reconfigure other recreation amenities, alter building types II and IV, add a building type VI and reconfigure the parking and access areas, subject to all staff comments. Commissioner Tillman seconded the motion, which carried 5-0. IX. NEW BUSINESS A. Item for discussion requested by Mayor Jerry Taylor 1. Visioning follow up Since the final document has been generated from the visioning, Mayor Taylor stated that we need to set up a task force to set goals and time lines, and the direction on how to proceed to accomplish these goals. In order to expedite this, he asked Robert Hill, who headed up the steering committee for visioning, to immediately assume the role as the chairman of that committee. He also asked Mr. Hill to ask his selection committee to serve in that role to get this going. Mayor Taylor advised that some people who were in the visioning process indicated to him that they would also like to serve on this task force. He suggested sending everybody on the steering committee a letter, thanking them for their services and asking them if they want to continue serving as a task force to bring this to fruition. He stated that we also have to decide how many people should be on the task force. He asked the Commission for their input. Vice Mayor Jaskiewicz suggested including the facilitators of each group. Commissioners Tiilman and Bradley agreed. Commissioner Bradley would also like the entire group to get together in a year and be presented with some of the updated material. Mayor Taylor suggested directing the City Manager to have letters sent to everybody on the Steering Committee and ask them to respond within two weeks to let us know if they want to serve on the task force. 59 Vice Mayor Jaskiewicz felt we have to review the entire document and make two lists--one that requires funding and more study, and one that we would implement ourselves and start putting them into action. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Commissioner Titcomb asked if it would be the job of that particular committee to implement or recommend implementation of individual components within the visions document. Mayor Taylor said their function will be to look at the vast majority of recommendations, rationalize them into some sort of direction, and make their recommendations to the Commission. They may even want to recommend funding sources. Commissioner Titcomb said the timeliness of all that is crucial because as we go into budget processing, if they do not make this next cycle, they will be put off another year. If there is anything we can do to expedite that process, he felt it would be prudent to do so. B. Item for discussion requested by Commissioner Matt Bradley 1. Boynton Beach High School Commissioner Bradley advised that he had been entering into preliminary discussions and information gathering sessions with some of the people from the School Board and our own legal group to figure out if alternative funding was feasible. At the School Board meeting on June 5th, at 5:30 p.m., there will be a community rally and he hoped everybody will attend. He is in the midst of putting some scripts together so each City Commissioner can briefly talk about the important topics, namely, the high school and Congress Middle School, which is an important component to the feeder school concept. After that meeting, at the end of June, he would like to have a joint workshop with the School Board to hammer out ideas about alternative funding sources and the critical issue of sweeteners. He stated that this is something that the School Board continues to bring up. Even though we would bring a funding mechanism to the table that they could benefit from, either because it would have a slightly reduced interest rate attached to it or because of the collaborative nature of us using a revenue bond, we believe that those are reasons that the School Board would get behind this kind of idea. Commissioner Bradley said these topics need to be hammered out in the sunshine with the School Board. We all need to be there, put our cards on the table, and come up with a workable solution for getting a high school. Commissioner Bradley felt it was important that we are positive at the rally on June 5th. He said the last thing the School Board wants to hear from us is a lot of complaining and finger pointing. However, it is important to point out the facts, and the facts are that ever since they closed our high school, the citizens in Boynton Beach have been waiting for a high school. We were promised one in 1986. In a polite, respectful way, we need to let them know that the time is right, and at the same time, set the process in motion that will 60 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 show them that we are committed to making it happen and are going to help make it happen. We need to bring a creative kind of funding venture to the table and the idea that there could be some sweeteners to it is something that has yet to be determined. Vice Mayor Jaskiewicz would not be amendable to any creative funding unless we received a guaranty that every single Boynton Beach student who lives in our city will be attending the high school. She said this is something that the School Board very rarely will give you a guaranty of. They use our kids to balance other schools. Mayor Taylor suggested that the Commission meet prior to the workshop to discuss items such as this. A Commission workshop was scheduled for June 13th at 6:30 p.m. Commissioner Bradley will find out if the School Board can meet with the City Commission during the last week of June. C. Review of Road Hump Policy Mr. Hukill reviewed his revised draft of the road hump policy. He stated that the Police Chief would like the Police Department to have the opportunity to make an effort through enforcement to correct the situation before any other traffic calming measure is taken. Mr. Hukill agreed with him. Therefore, he revised the policy and the first step would be for the Boynton Beach Police to evaluate the situation to see what they can do through enforcement. After that, the speed limit will be reviewed to see if it is reasonable or not. That will be the threshold for entering the process. Mr. Hukilt reviewed the specific detaits of the document as follows: Length of Street He was not sure what the length of the street where the speed humps will go should be. Around the country, the average is anywhere from 800 to 1,500 feet because there are generally two or three road humps in residential neighborhoods, and they cannot be put any closer than 300 or 400 feet to be effective. He set the length of the street at 1,000 feet. Number of People Required to Sign Petition He suggested that if this is a public generated comment, two-thirds of the people who live on the street where the request is made be required to sign a petition. This is fairly stiff, but he has some difficulty making it 50 percent because there are so many people in and 61 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 out of town. He asked the Commission for guidance as to how many people should be required to sign the petition. Number of Lanes He limited it to two-lane roads because traffic is too fast on four lane roads, and too long of a speed hump could create a drainage problem. He stated that we do not want to get in a situation where we have breaks in these things so that people can evade them, because they will, and it throws them out of the lane of traffic. He pointed out that Boynton Beach does not have very many two-lane roads. Traffic Counts He established a minimum of 500 vehicles per day, which some residential areas are not going to meet. The general maximum is 8,000 vehicles per day, but that is probably too high because most of our streets would not come to that. He is still looking at this parameter. Cost Sharing This is the only real controversial parameter. He proposed that in certain situations, the petitioners would pay for the whole thing, in some situations the city would pay for the whole thing, and in some situations, they would share. It depends on the number of miles an hour over the speed limit. He felt the city needs to have the option of putting these in if the Police Department determines that this would be effective, but there is no petition supporting it. He did not think it was reasonable to ask the property owners to pay for road humps which staff feels are necessary. This policy also includes Mr. Hukill's suggestions regarding a way of removing road humps, what triggers that, and that the whole process be reevaluated on an annual basis for the first three years. Mr. Hukill advised the Commission of the options as follows: Do not pursue this matter any further. Set up a test area, possibly S.W. 4th Avenue, on a trial basis for six months, without adopting an ordinance. Set up a test area and prepare an ordinance for adoption. 62 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Vice Mayor Jaskiewicz pointed out that several residents who attended the town meeting indicated that they had signed the petition in favor of road humps, but that they did not know what they were signing and were vehemently against them. Mr. Hukill said maybe this is an argument for having two-thirds of the people sign the petition. Commissioner Tillman inquired about liability to one's vehicle if they did not sign the petition and they have problems with their car because of the road humps. Mr. Hukill assumed the city would have some liability for that. However, research indicates that there has not been a case turned over where there has ever been a monetary award based directly on an accident caused by a speed hump. However, he did not know what would happen if damage is done to your car because you drove over the speed hump 150 times or 4,000 times. Vice Mayor Jaskiewicz asked Mr. Hukill if he had contacted Delray Beach to see how effective they consider speed humps. Mr. Hukill said he did and their reception was generally good. One person in their Engineer's Office did not like them. Our own Public Works Director does not like them because it makes it harder for his trucks to go over. However, Mr. Hukill has not had a lot of resistance to them. Mayor Taylor stated that the problem with enforcement by the Police Department is that as soon as the police go away, the problem will return. Mr. Hukill stated that if the police are there at the right times, we can find out who the perpetrators are and over time we can get rid of the problem. He felt if we can do it by enforcement, it is better because we will not antagonize anybody. Mayor Taylor asked who is going to pay for the traffic study. Mr. Hukill said the petition would pay for it, but the city would have the option of paying for it. Mr. Hukill advised that the police have been to S.W. 4th Avenue. He suggested u§ing S.W. 4th Avenue as a test case. He stated that the residents offered to pay for the speed humps. Mayor Taylor asked what kind of feedback Mr. Hukill received from the residents since the police have been there. He pointed out that maybe they do not need the speed humps anymore. Mr. Hukill said the feedback he is getting is that the problem is not solved. He can ask them to validate the petition or talk to some of the people and see if they still feel that way. This was the consensus of the Commission. Commissioner Titcomb suggested that the city send an official notice to all the residents on that street, notifying them that the speed humps are going to be installed so that they all have a chance to respond, instead of leaving it up to the organizers of the petition to poll 63 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 the residents. Mr. Hukill felt the mailing should state that we are ready to do it if they still want it. Mr. Hukill summarized that we will hold in abeyance any work on the ordinance, do this as a test case, then see how it goes. D. Fourth of July Fireworks Mr. Sugerman said we have been contacted by the Chamber of Commerce to see if the Commission would be interested in moving the traditional Fourth of July fireworks to Friday, July 5th. Mayor Taylor said one of the reasons for this is because that is the day the torch is coming through the city. However, it is not stopping, it is just passing through. Therefore, you are talking about a short period of time. He personally was strongly opposed to moving the fireworks off the Fourth of July. Any other day is anticlimactic. Charles Frederick, Director of Recreation and Parks, said he brought this up at the Park and Recreation Board meeting last night, and they also felt we should keep in on the 4th. He said the Chamber of Commerce had indicated that we need to do something to recognize the torch run as it comes through, and he thinks this was one of the suggestions. He advised that City Manager Parker has directed him to set up a meeting with the Chamber of Commerce and some people in the community to talk about what we can do on July 5th when the torch run comes through. It was the consensus of the Commission to have the fireworks on the Fourth of July. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. O96-30 Re: Amend Chapter 7.5, Environmental Regulation, of the Land Development Regulations, providing for open space preservation of natural resource sites City Attorney Cherof read proposed Ordinance No. O96-30 by title only. No one in the audience wished to address this ordinance. 64 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-30 on second reading. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the Acting Deputy Clerk. The motion carried 5-0. 2. Proposed Ordinance No. O96-31 Re: Delete drive thru window requirement facing city street City Attorney Cherof read proposed Ordinance No. O96-31 by title only. No one in the audience wished to address this ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-31 on second reading. Commissioner Tillman seconded the motion. A roll call vote was polled by the Acting Deputy Clerk. The motion carried 5-0. B. Ordinances - 1st Reading None. C. Resolutions 1. Proposed Resolution No. R96-67 Re: Consider proposal of William R. Hough & Company and Raymond James relating to Water Sewer Bonds City Attorney Cherof read proposed Resolution No. R96-67 by title only. Mayor Taylor advised that this will authorize William R, Hough & Company to start the paperwork to possibly refinance our utility bonds. This would not give them permission to refinance the bonds. They are merely getting the paperwork ready for such time as the Commission feels it would be beneficial to refinance the bonds. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Motion Commissioner Bradley moved to approve proposed Resolution No. R96-67. Commissioner Tillman seconded the motion, which carried 5-0. 2. Proposed Resolution No. R96-68 Re: Release of Surety for the Yacht Club at Hypoluxo City Attorney Cherof read proposed Resolution No. R96,68 by title only. Motion Commissioner Bradley moved to approve proposed Resolution No. R96-68. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. D. Other None, Xl. UNFINISHED BUSINESS A. Criteria for participation on City Boards Stormy Norem, 539 Middle Road, Gulfstream, hoped that the Commission would enact some changes that were brought up at the visioning conference. Specifically, the change to allow people who own or manage businesses in the city to sit on the boards of the city. There was also a question about residency. He believed the compromise made in several of the meetings was that at least a majority of the board members must be residents. He also hoped that the Commission would proceed with some of the items, such as removing themselves as the CRA, without waiting for the task force to do so. Mayor Taylor agreed that some things can be started immediately. Mr. Norem said you need people that will help bring the budget process along to set everything in place for the following year. 66 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21, 1996 Vice Mayor Jaskiewicz felt we have to review the entire document and make two lists--one that requires funding and more study, and one that we would implement ourselves and start putting them into action. XlI. CITY MANAGER'S REPORT None. Xlll. OTHER Mr. Sugerman pointed out that the Commission did not properly dispose of Commissioner Tillman's issue regarding the League of Cities appointments. Motion Commissioner Titcomb moved to reverse the roles of regular and alternate on the Municipal League, and that Commissioner Bradley act as the regular member and Commissioner Tillman as the alternate. Commissioner Tillman seconded the motion, which carried 5~0. XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 12:43 a.m. CITY OF BOYNTON BEACH ATTEST: City~lerk Recording Secretary (8 tapes) Mayor, vi'ce,Mayor 6~o~nmissioner Commissioner 67 This paragraph was moved to page 59. DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: VININGS AT BOYNTON BEACH PHASEII APPLICANT'S AGENT: CCL Consultants, Inc., OWNER: Boynton Beach II Limited Partnership, A Florida limited partnership, and its assi,qns DATE OF HEARING BEFORE CITY COMMISSION: May 21, 1996 TYPE OF RELIEF SOUGHT: Request to amend the previously approved site plan to incrase th enumber of apartment buildinRs from 12 to 16, omit buildinR types III and V, add a volleyball court and reconfi.qure other recreation amenities, alter building type VI and reconfl,qure the parkin,q and access areas. LOCATION OF PROPERTY: East side of SW 8th Street, approximately 1900 feet north of Woolbright 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 X 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 _X__ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. terms and conditions of this order. All further development on the property shall be made in accordance with the f._...~ty Attorn~ DATED: ~A~ ~1996 '~City~lerk "'- EXHIBIT "C" Conditions of Approval Project name: Vinings at Boynton Beach Phase II File number: MSPM 96-003 Reference: The plans consist of twenty-three (23] sheets with an April 22, 1996 Planning and Zonina Department S~amD mark and the followina file number written in the uDDer lefthand corner of sheet 1 of 23 Ma~or Site Plan Modification, MSPM 96-003 (Control Plans] DEPARTMENTS PUBLIC WORKS Comments: None UTILITIES Comments: 1. For operation and maintenance only, palm trees will be permitted with utility easements, (Sec.26-33(a)). FIRE Comments: 2. Conflicts between landscaping and fire hydrants must be resolved. A clear view of the hydrant is required from the roadway. 3. Lift station access by the Fire Department is required for rescue operation. and numbers must be 4. Street names reviewed by the Fire Department before being assigned. POLICE Comments: NONE ENGINEERING DIVISION Comments: 5. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with a permit request. 6. Plat review and approval required. Chap.5, Art. II, Sec.l,pg.5-1 7. Sidewalks are required on both sides of all local and collector streets. Chap.6,Art. III,Sec.llA,Pg.6-3 8. Provide certification by developer's engineer that drainage plan complies with all City codes & standards. Chap.6,Art. IV,Sec.5A,pg.6-7 and Chap.23,Art. IIF,pq.23-8 Page 2 Conditions of Approval Vinings at Boynton Beach Phase MSPM 96-003 II DEPARTMENTS I INCLUDE IREJECT 9. Minimum pavement width is 22' (11' lane for local road). Chap.6,Art. IV,Sec.10C,pg.6-11 Recommend appropriate cross-hatching on either side of entrance to guide traffic into single land area. 10. Parking lot section mUst conform to City code. Chap.6,Art. IV,Sec.10F,pg.6- 12 11. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap.6,Art.VII,Sec.4B,pg.6-24 12. Remove concrete median within entranceway. Chap'22'Art'I'Sec'4'pg'22-1 Recommend appropriate cross-hatching on either side of entrance to guide traffic into single lane area. 13. Photometrics must be approved for both pedestrian and parking lot lighting before building permit can be issued. Chap.23,Art. II,Ala,pg.23-6 14. Landscaped areas in parking lots must be protected by wheel stops or curbs. Chap.23,Art. IIE,pg.23-7 Provide 27' backup area, all stalls. 15. Chap.23,Art. II,Ii,pg.23-9 16. All parking lots shall meet or exceed State Handicap Code requirements and / comply with the Standard Building Code and the Countywide amendments thereto. Chap.23,Art. IIK,pg.23-9 17. Provide a handicap stall within the visitor parking area. Chap.23,Art. IIK,pg.23-9. Note: This parking area will require acceptable lighting. Recommendations: 18. Consider continuous curb in lieu of wheel stop to reduce tripping hazard and to provide two additional feet of pervious area. BUILDING DIVISION 19. The building plans will be reviewed per the technical codes applicable at ./ the time of permitting. Depending on the time of submittal, it may be the present 1991 Edition of the Standard Building Code or perhaps after June it may be the 1994 Edition. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: Page 3 Conditions of Approval Vinings at Boynton Beach Phase II MSPM 96-003 DEPARTMENTS I INCLUDE IREJECT 20. Two large Live Oak (hardwood) trees have been found on site. The original tree survey submitted by the consultants CCL Company showed no hardwoods on the site. The applicant should contact the Forester/ Environmentalist Department in ,~/~ reference to these trees prior to issuance of the clearing permit. PLANNING AND ZONING Comments: 21. Delineate on the site plan the areas of Phase I that are being modified or place a note on the site plan / indicating that there are no changes proposed for Phase I. 22. To verify that the parking areas and landscape areas comply with code regulations and/or previous approvals regarding size and/or dimension, add to the sheet titled "Site Plan" (sheet 1 of 23) the appropriate horizontal control dimensions. The control dimensions shall identify the distance through the property from north to south and east to west. The control dimensions shall include the following measurements: a) The distance from all property lines to the vehicle use areas. b) The length of the parking spaces. / c) The width of the access aisle/ back-up space. d) The width of the landscape area adjacent to the building. e) The width of the sidewalks adjacent to the building. f) Maintain the distance between buildings as shown on the plan. 23. With a distinguishable symbol show, label and dimension on the site plan (sheet 1 of 23) the approved setback along the east property line and the / south setback that separates Phase I from Phase II. Show and label these setbacks on the landscape plan (sheet 3 of 23). Page 4 Conditions of Approval Vinings at Boynton Beach Phase II MSPM 96-003 DEPARTMENTS I INCLUDE IREJECT 24. To ensure that the building overhang or building structures that are located above the building footprint area depicted on the plan view drawings sheets 1 of 23, 2 of 23 and 3 of 23 do not encroach into an easement or setback line, delineate with a symbol and dimension on the first floor plan drawings (including recreation building), second floor plan drawings, third floor plan drawings and all elevation view drawings the width of the overhang or building structure that is not shown on the building footprint depicted on the plan view drawings. Also place a statement on the site plan (sheet 1 of 23), preliminary master plan (sheet 2 of 23) and landscape plan (sheet 3 of 23) indicating what part of the building is depicted by the footprint shown on the plan. Also show, using the symbol found on sheet 1 of 23, the location of the two story portions of the buildings in Phase II. 25. Dimension the width of the access aisle leading to Phase II. Minimum width for two-way traffic is 20 feet. However, a 27 foot back-up space is / required adjacent to the parking spaces at the tennis court. Dimension the plan accordingly. 26. The survey submitted with the request does not show the utility easement along the north property line adjacent to the existing residential homes that exists on Lake Boynton Estates Plat 2 (PB 14, Pg. 17 P.B.C.R.). Correct the survey accordingly. 27. Place a note on the site plan (sheet 1 of 23) indicating that there is a recorded easement agreement which allows access to Phase II through Phase I. Also indicate on the sheet the recording data. 28. In the total parking data provided on sheet 1 of 23, indicate which total is for Phase I and Phase II. 29. The detail drawing included with the submittal (sheet 2 of 23) identifies the length of the parking spaces as 16 feet. If this is correct, show with a distinguishable symbol the remaining two feet of the required eighteen (18) foot long parking space. The eighteen foot long parking space shall not encroach into the required width of landscape areas or sidewalks. Clarify the drawings and show compliance with code regulations. Page 5 Conditions of Approval Vinings at Boynton Beach Phase II MSPM 96-003 DEPARTMENTS 30. It is also evident from reviewing the data found on the floor plan drawings and the L.U.I. computations that some of the area that was identified as part of the FAR found on sheet 1 of 23 includes area that could be deducted from the FAR computations. Amend the FAR data to show the accurate total FAR area. 31. On sheet 2 of 23 specify the color and height of the dumpster enclosure. 32. The applicant has indicated that the colors of the buildings in Phase II will match the colors of the buildings in Phase I, however, the color of the porch railings identified on the plans indicate the color of the railings will be forest green and the existing porch railings in Phase I are white. Pleast match. 33. Change the location of the volleyball court shown on the site plan and preliminary master plan to match the location of the court shown on the landscape plan. 34. Provide elevation view drawings including identifying types of material and colors of the structure identified as BBQ. Also dimension the location of the structure consistent with the approved setbacks. 35. Modify the north PUD boundary planting plan to match the buffer planting plan approved by the City Commission. Also modify the design of the landscape material shown on the detail buffer drawing titled Section A (north buffer of the PUD) to match the approved buffer planting plan. 36. To ensure that the location of trees and structures do not encroach into an easement, add to the site plan and landscape plan, where applicable, notes and symbols that show the location, size and type of proposed and existing easements. Amend the plan accordingly. 37. On the plant list and landscape plan delineate with a symbol the trees that are required for the tree management plan. 38. Place a note on the site plan and landscape plan indicating that the buffer landscaping required for the north property line of the Phase II project shall be completed prior to the first C.O. being issued for a building in Phase II. This comment is a condition of the original site plan approval September 29~ 1994. Page 6 Conditions of Approval Vinings at Boynton Beach Phase II MSPM 96-003 DEPARTMENTS I INCLUDE IREJECT 39. On the section view drawings of the berms, found on the landscape plan, indicate the location of proposed easements and easements of record. Where applicable, modify the location of the trees so that trees do not encroach into a utility easement. Also specify on the detail drawing for the berm along the east property line that the minimum height of the berm is five (5) feet. 40. Add to the landscape plan the elevations of the contour lines that form the berms depicted on the plan. Also show on the drainage plan the location of the berms. 41. To eliminate a conflict with the location of landscape material and fire hydrants and drainage structures, show and identify the location of the fire hydrants and drainage structures on the landscape plan. Relocate the landscape material accordingly. Page 7 Conditions of Approval Vinings at Boynton Beach Phase II MSPM 96-003 42. Show on the landscape plan a distinguishable symbol that identifies the location of the trees and/or hedges that are required to comply with the following code regulations (note - required material shall meet the minimum size and spacing requirements of the code): * location of hedges required to meet the visual barrier specifications to screen the view of the on, site vehicle use area from the abutting property lines to the: south south property line of Phase II; north property line north of buildings 16, 15, 6, 1, 2 and 5 and west of buildings 16, 13, 12 and 8; east property line east of buildings 15, 14, 11, 9 and 10 and west abutting the right-of-way (S.W. 8th Street). Note: unifying the title of Phase I with Phase II will eliminate the hedge requirement along the south property line that separates Phase II from Phase I. * location and number of trees required to meet the general landscape requirement. The total impervious area of the entire site divided by 1,500 equals the general landscape requirement. The site data indicates that there is a total of 7.95 acres of recreation area, canal easement and open space located in Phase II - clarify the numbers listed on the landscape plan. * Provide a separate plant list and planting plans to show compliance with the foundation planting requirements for the front and sides of each building. 43. It is recommended that melaleuca mulch be specified on the landscape plan for the planting beds. Permit'plans shall show compliance 44. with all applicable codes, ordinances and resolutions. ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. MEH/dim a: ComD~pt. VIN ADDITIONAL CONDITIONS FROM PLANNING AND DEVELOPMENT BOARD RE: THE VININGS AT BOYNTON BEACH - PHASE II 1. Comment No. 12: Recommendation is to delete (i.e. - retain concrete median within entrance way. 2. Comment No. 18: Add to the end of #18 "unless wheel stops are provided in Phase I for purposes of consistency". 3. Comment No. 38: Replace first Certificate of Occupancy with the eighth Certificate of Occupancy to represent completion of the south half of the buildings within Phase II. 4. Comment No. 42: Recommendation is to delete the note and add after the reference to the hedge along the south property line of Phase II that, provided unified control of both phases is verified at time of replatting of Phase II, the south hedge shall not be required, including filing of a landscape appeal. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PPLICANT: NAUTICA SOUND (FKA KNOLLWOOD GROVES PUD) APPLICANT'S AGENT: Karyn I. Janssen, Kilday and Associates, Inc., DATE OF HEARING BEFORE CITY COMMISSION: May 21, 1996 TYPE OF RELIEF SOUGHT: Request for site plan approval of private recreation, common area landscaping and project si.qna,qe for a 424 unit, single-family residential PUD LOCATION OF PROPERTY: Northwest corner of Lawrence Road and the LWDD L-19 Canal DRAWING(S): SEE EXHIBIT ".._" 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 "~," with the notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: 'CityC/Clerk - ~ C:devord.frm rev. 1/24/96 Ci{y/,~t{°rn~y - (.,// II[llll~l ~ I I IIII1111.1 I i llllill lil.l~l ~ . Recreatlon Area - Planting Plan Project name: File number: Reference: The plans consist of 40 EXHIBIT "C" Conditions of ADDroval Nautica Sound (f.k.a. Knollwood Groves PUD) NWSP 96-001 sheets identified as 2nd review, New Site Plan. File % NWSP 96-001 with an APril 15. 1996 Planning and Zonina DePartment date stamp marking DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: 1. A~i plans submitted for specific x permits shall meet the City's code rSquirements at time of application. T~ese permits include, but are not l~mited to the following: site l~ghting, paving, drainage, curbing, l&ndscaping, irrigation and traffic c$ntrol devices. Permits required from agencies such as the FDOT, PBC, SFWMD a~d any other permitting agency shall by included with the permit request. 2. T%e outfalls within Lake No. 3 (Sheet x 3~ of 37), the related drainage pipe a]~d the control structure out to the L~[DD L-19 canal shall be made a part of t]~e Nautica Sound Master Stormwater D~ainage System and shall be placed in a Water Management Tract by a recorded ilLstrument. The tract and related st~ructures shall be the sole r~sponsibility of the H.O.A. Chap.6, A~t. III,Sec.5-1,pg.6-2 and Art. IV, Sec.SB,pg6-8. 3. P~otometrics must be approved for'both x pedestrian and parking lot lighting for t~e parking lot and bus stop area bgfore building permit can be issued. Chap.23,Art. II,,Ala,pg23-6. 4. Install "D" curb throughout the parking x stall areas and eliminate the wheel stops. This will create a more aesthetic and maintenance free parking lot. Not having the additional asphalt beyond the wheel stops will add some additional 860 square feet of pervious area. BUILDING DIVISION Comments: Page 2 New Site Plan Nautica Sound NWSP 96-001 DEPARTMENTS I INCLUDE I REJECT 5. The Building Division does not agree x with the applicant's interpretation of the sign area. Article II, Definitions, would allow a sign composed of individual letters or symbols using the wall as the background with no additional decorations, to be calculated per the applicant's response, but the review of the submitted wall sign does not comply with that part of the definition and unless revised to comply with this definition, a variance must be obtained prior to sign permitting. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 7. Expand the on-site, line-of-sight x triangle located on Lawrence Road and Springfield Boulevard so that the base and height of the triangles are thirty- five (35) feet rather than the twenty- five feet (25) shown on the plans. Also add a note to the landscape plan that indicates the space within the triangular areas shall be maintained to allow an unobstructed cross visibility. 8. Due to the four (4) foot overall height x of the areca palms specified on sheet 8 of 11 of the landscape plans (southeast corner of the PUD), it is recommended that the proposed spacing of three (3) feet on center be accepted rather than the previously approved two (2) feet on center spacing with two (2) foot tall hedges. It should be noted that the buffer hedge will be installed on top of a berm with a maximum height of three (3) feet specified on the plan. 9. Use a distinguishable symbol on the x landscape plans to identify the location of the trees that are required as part of the tree management plan. Page 3 New Site Plan Nautica Sound NWSP 96-001 DEPARTMENTS I INCLUDE I REJECT 10. Provide on the landscape plan x computations to confirm that the buffer trees and hedges required along the south, north and southwest property lines of the PUD comply with the approved planting specifications regarding spacing and quantities. Also, place on the landscape plan a typical maximum spacing dimension of forty (40) feet on center for the trees located along the east property line of the PUD and the west property line of the PUD, excluding the frontage on Lawrence Road. The spacing dimension shall match the dimensions identified on Exhibit B. Some of the trees along the lots that abut Springfield Boulevard are located in the city right-of-way and cannot be counted for the on-site required buffer. Use a symbol on the landscape plan that delineates the location of the required buffer trees as approved on the master plan. 11. There appears to be a conflict with the x location of a drainage easement shown on the littoral planting plan (sheet 1 of 6) and the location of the bus shelter shown on the planting plan (sheet 1 of 11) and the layout plan (sheet 1 of 9). Correct the conflict. The bus shelter shall comply with the approved ten (10) foot setback. 12. The landscape plan makes reference to x an Exhibit B. Add this detail drawing to the landscape plans. 13. On the landscape plan of the bus x shelter and the recreation area, use a distinguishable symbol to identify the location of the required landscape material to comply with the landscape code for the following code sections: Perimeter trees vehicle use area abutting the R.O.W. (maximum spacing 40' on center, minimum height 8') Perimeter hedges - vehicle use area screening (maximum spacing 2' on center continuous, minimum height 18") 14. On the planting plan (sheet 8 of 11) x show and specify the required continuous buffer hedge in the landscape easement at the rear of lots 276 and 277. On planting plan (sheet i0 of 11) show and specify the required continuous buffer hedge in the landscape easement at the rear of lots 418 and 419. Page 4 New Site Plan Nautica Sound NWSP 96-001 DEPARTMENTS I INCLUDE I REJECT 15. As stated on the Master Plan indicate x on the Planting Plans that the perimeter buffer landscape material shall be installed prior to the first certificate of occupancy being issued for a building located in Phase I. Also, identify on the planting plan the location of Phase I and Phase II. 16. Permit plans shall show compliance with x all applicable codes, ordinances and resolutions. 17. It is recommended that the required x landscape buffer along the east and west property lines of Phase 2 (location of phase line as shown on the master plan) be installed in its entirety where it abuts developed property outside the PUD and be installed on a lot by lot basis where it abuts undeveloped property outside the PUD. However, if development commences on an undeveloped area prior to the buffer being installed on a lot by lot basis the developer shall install the buffer prior to issuance of a certificate of occupancy for the next house located along said buffer. If this recommendation is approved a note indicating the conditions shall be placed on the buffer planting plans. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS 3. Addition of the following sentence - x lighting for the bus stop area shall be activated by time clocks, rather than the required photocells 4. To be deleted as the applicant prefers x to install wheel stops, rather than curbing. 14. Addition of the following sentence - x This condition will be deleted if applicant provides a letter from FPL regarding this matter. ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. MEH: dim xc: Central File a: ComDept 2. Nau DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Boynton Beach Mall, DePartment Store F APPLICANT'S AGENT: Cormac C. Conahan, Esq., with Hod,qson, Russ, Andrews, Wood,~ & Goodyear, agent for DeBartolo Properties Management, Inc., DATE OF HEARING BEFORE CITY COMMISSION: May 17, 1996 TYPE OF RELIEF SOUGHT: Seekin,q to amend the previously approved site plan fn construct a 162,502 wquare foot department store with parkin,q structure at 801 North Congress Avenue. LOCATION OF PROPERTY: 801 North Con,qress Avenue. 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 requlirements of the City's Land Development Regulations. 2. The Applicant )~ HAS i HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The condit!ions for development requested by the Applicant, administrative staff, or suggested by th~ 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 x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: ~/'~'.~ ~' , 1996 Cit~'Clerk - rev. 1/24/96 EXHIBIT "D" Conditions of Approval Project name: Boynton Beach Mall - Department Store F File number: MSPM 96-001 Reference:The plans consist of 21 sheets Dlus a 10 Daoe landscapo report identified as 2nd Review. Major Site Plan Modification, Filo ~ MSPM 96-001 with a March 20. 1996 Plannin~ and Zonin~ DeDartmenl date stamp marki~ - PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. Utilities requests a meeting with x applicant and or the design Engineer to discuss utility relocations and permit applications to HRS. 2. The existing water system, on the mall x property, is owned and maintained by the City of Boynton Beach. Please remove or revise your note #3 on your sheet #M-3. FIRE Comments: NONE POLICE Comments: NONE , Comments: 3. Typical parking detail shows 27' x backup space, but reference is also made to 25' width which must be removed. 4. The ends of islands must extend out to x ends of staffs. 5. Fire lane locations are acceptable, x but must have minimum 22 foot pavement width. 6. Need SFWMD & LWDD acceptance prior to x Engineering approval. Chap.6,Art. IV,Sec. SA,pg.6-7 7. All landscaped areas shall be provided x with an automatic water supply system. Chap.7.5,Art. II,Sec.5B,pg.7.5_14 8. The parking area interior landscaping x shall be located in such a manner as to divide and break up the expanse of paving. Chap.7.5,Art. II,Sec. SG,pg.7.5_ 17 9. Provide stop signs and stop bars in x accordance with the "Manual on Uniform Traffic control Devices... Chap.23~Art. IIB2,Dq.23-7 Page 2 ' Major Site Plan Modification Boynton Beach Mall - Department MSPM 96-001 Store "F" DEPARTMENTS ~ REJECT 10. No more than two access aisles may be x traversed without interruption which shall be accomplished by the placement of wheel stops or the installation of a raised, continuous curb. Chap.23,Art. IIE,pg.23-7 11. The parking garage may require a x security system. Chap.23,Art. IIJ,pg.23-9 12. It is recommended that "heavy duty" x pavement within the driving aisles of the parking lot. 13. It is recommended that a supplemental x plate be attached below the handicap post sign indicating the $250 fine as a deterrent. 14. It is recommended that fire lane x pavement messages be alternated ever~ 50 ', with related post mounted signs along building perimeter. Face post mounted signs in direction of oncoming traffic. BUILDING DIVISION Comments: 15. Until such time as architectural plans x are presented and an up-to-date survey is received, technical questions with regards to ingress and egress and easement encroachment cannot be determined. Plans must show that placement of the anchor store and multi-story garage does not encroach upon easements, etc. 16. The size of the plans needs to be x reduced to comply with the department.s record keeping and microfilm program. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALiST Comments: 17. There will be mitigation required for x slash pine trees which have died due to the lack of maintenance in the preserve area. A meeting with the owner's representative on the preserve site to Compare the quantity of existing, healthy slash pine trees with the original tree survey quantity is needed. (subject to comment clarification 5/21/96 letter from Carman C. Conahan) Page 3 ~ ~ Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 DEPARTMENTS 18. A Tree Management Plan must be submitted for the preserve area comprising 5.283 acres. This document will address the removal of exotics from the preserve acreage on a regular time schedule. 19 20. 21. 22. · Slash pine trees may have been kill by the lack of preserve area maintenance required by the DRI since November 16, 1982 and December 19, 19989. These dead trees will have to be replaced with equal tree value as part of the Tree Management Plan. Selection of plant materials (plant list) is as follows: Queen palm (AR) is not native species nor wildlife benefit, therefore, recommend native palm trees.. Black Olive (BB) is not a native species nor a wildlife benefit, therefore, recommend live oak or sand live oak. Laurel Oak (QL) is not proper for this soil type, therefore, recommend live oak or sand live oak. Pongam (pp) is not a native species and is listed as a nuisance tree (Palm Beach County Ord.), therefore recommend either live oak or sand live oak, dahoon holly, red bay. Yellow Tabebuia (TA) is not a native species, therefore recommend either yellow, elder geiger tree, or sWeet acacia. Viburnum suspensum (VS) is not a native species, therefore recommend either Walter's viburnum, wax myrthle or Florida Privet, Firebush, Saw Palmetto (See Commen._~_tto No. 17) It is recommended that a wax myrthle hedge be installed along the entire west side of the perimeter block wall Javert Street. Plant trees/shrubs in accordance with Treasure Coast Regional Planning Council letter of February 6, 1996 from Peter G. Merritt, Regional' Ecologist preserve area). The li%toral zone plantings for (4) lakes (A,B,C,D) submitted for the April 3, 1996 date shall be the plans submitted to the City Building Department for permits. The TCRPC may make comments on these plans which should be included in the permit review process. INCLUDE X X REJECT Page 4 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 DEPARTMENTs ~ REJECT 23. Sheet # 1 of 17, the lighting standard x shown should be installed adjacent to the preserve area in a manner not to interfere with the flora/fauna. The adjacent residential community has expressed a concern about being shielded from the glare of the proposed lighting structures. 24. Sheet # 5 of 17, the total quantities x of existing trees on the tree survey should be indicated on this sheet or the landscape plan for the preserve area. The eventual tree count for the preserve area should be equal to or more than this quantity of existing (desirable) trees. (See Comment to No. 17) 25. Sheet # 6 of 17, the page should x indicate clearly that the entire tree preserve area perimeter will contain a permanent chain link fence. The page is not clear as to when the temporary fence will be replaced with the permanent fence. The adjacent residential neighborhood is concerned about people walking through the preserve. The Tree Management Plan should keep all debris and dumping out of the preserve area. 26. Sheet # 8 of 17, the existing x ornamental trees shown for relocation around the retention ponds should be coordinated with the littoral zone planting plans for the ponds. The 235 trees shown to be relocated per plan should indicate the specific relocation sites. The existing Slash Pine trees shown for relocation are the only species to be placed ~ the preserve area. Any tree trimming specified should meet the National Arborist Society guidelines for "thinning" the crown or "lifting,, the lower limbs of the trees (removal and relocation notes #5, #6, #7). 27. Sheet # 9 of 17, see previous comments x about "plant list" selection of materials (comment # 19). All disturbed areas within the preserve area should not be reseeded, unless the grass seed is a native species to Slash Pine community. PLANNING AND ZONING Co~unent s: Page 5 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 ~REJECT 28. Prior to issuance of a Building x Permit, the applicant shall cause the preservation as a native habitat preserve in perpetuity of the pine area in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. (Per Resolution R96-26) 29. Prior to commencing construction x activity within the parcel containing the area to be preserved, the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. (Per Resolution R96-26). 30. All Brazilian pepper, Australian pine x and Melaleuca on the site (including within the limits of the pine area) shall be removed prior to issuance of a certificate of occupancy for any new square footage. These species shall not be used in landscaping. (Per Resolution R96-26). 31. A landscaped buffer along the west x boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached to the Resolution 96-26 and identified as Exhibit "1" to the resolution. 32. Utilizing native woody species prior x to construction and planting of littoral zones around the existing detention ponds, the applicant shall prepare a management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall include a description of the monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed until the Plan is determined to be consistent with the Regional Plan. The littoral zone shall'be in place prior-to the issuance of a Certificate of Occupancy for any additional square footage to be constructed. (Per Resolution R96-26). Page 6 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 .DEPARTMENTs I iNCLUDE I REJECT 33. Drainage plans to be submitted shall x be designed so that under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year frequency. (Per Resolution R96-26). 34. No building permits for gross leasable x space in excess of 1,108,000 square feet within the Boynton Beach Mall shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. (Per Resolution R96- 26). 35. Prior to, or upon issuance of a x building permit for the additional square footage, the applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall proposed change. (Per Resolution R96-26). Page 7 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 DEPARTMENTS 36. Upon a Site visit to the property to compare the count and location of the regular and handicapped parking spaces to the location shown on sheets SP-1, SP-4, 1 and 1-A of the submitted plans it was determined that changes have been made to the parking layout which results in the total number of provided spaces being less than what is specified on the parking data. The above-listed plan view drawings will be required to be updated to show and identify the accurate number of regular and handicapped parking spaces provided at the site to enable staff to determine whether the provided number of spaces meets the minimum requirements. An accurate count and listing of the existing and proposed new parking space layout is required to determine whether the appropriate number of handicapped parking spaces are being provided at the site. Modify the plans and parking data to show the correct total number of provided spaces. Provide a separate listing identifying the number of required and provided handicapped spaces. Also show on sheet SP-1 the location of no less than the minimum number of handicapped parking spaces as required by code. The total number of required parking spaces is incorrectly identified on sheet SP-1. Correct the Count and data by dividing the total gross leasable floor area by two hundred (200). Also, correct the inconsistency between the total number of parking spaces that will be provided in the two (2) levels above grade of the parking structure. The number of spaces identified in the parking data on sheet SP-1 is 640 and the detail drawing found on the same sheet indicates 680 spaces. The number of parking spaces provided shall be no less than the total number of parking spaces required. Approval of a variance to the zoning code to reduce the number of required spaces will be required if the number of spaces p~'ovided is not consistent with ~gulations. 37. Modify the building elevations found on sheet titled "Design Elevations,, to show a-maximum building height not exceeding the city's forty-five (45) feet height limitation. [Chapter 2 Zoning, Section 6.C.3]. (subject to release of exception obtaine~ 38. On sheet SP-1, show and label the work limit line. INCLUDE x REJECT Page 8 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 DEPARTMENTS ~ 39. On sheet SP~i modify the site data to x include the following information: Separately delineate the total square feet area of the preservation site. This area shall match the area that is identified on the city zoning map as REC. as well as the area identified on the corrected survey prepared by O'Brien, Sutter & O'Brien, Inc. 40. Correct the inconsistency between the x configuration of the parking structure drawing found on sheet SP-1 and the parking structure shown on the sheet titled "Design Elevations". Adjust the site data and total number of parking spaces provided accordingly. 41. Submit drawings that show the layout x and dimensions of the columns, stairs, walls, elevators (where applicable) and pedestrian access for each of the two above grade levels of the parking structure as well as the parking layout at grade level. Modify the provided parking calculations accordingly. 42. Submit elevation view drawings of the x north, south and east sides of the parking structure including identifying the dimension of the overall height of the structure. Also identify all exterior materials and their color by name, color designation and manufacturer. 43. Show on the elevation view drawings x the location and elevation of the highest point of the roof top mounted equipment. All roof top equipment shall not be visible from a distance of six hundred feet. Show the required screening and identify the material and color by name, color designation and manufacturer. Screening shall not exceed forty-five (45) feet. 44. Submit for review conceptual floor x plan drawings of Department Store F. Identify the principal use and ancillary uses on the floor plan. Page 9 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 DEPARTMENTS 45. On the sheet titled, Tree Locations x Boynton Beach Mall - Preserve, prepared by O'Brien, Sutter & O'Brien, Inc., identify the legal description of the land area and the total acres. The total acreage/area shall not be below the area of the land identified and zoned REC (Recreation). Where applicable, modify the proposed vehicle use area and adjacent landscape strip to not encroach into the preserve. 46. On the sheet titled Planting Plan (L- x 2), change the spacing of the coco plum hedge from three (3) feet to two (2) feet, center to center. Also place a note on the plan indicating that the spacing of landscape material identified on the landscape plan supersedes the quantities listed. 47. On the sheet titled, Construction x Sequencing Plan, indicate the preserve area plantings and maintenance completion times required by resolution R96-26. Also add this note to the pine preserve notes found on the sheet titled Landscape Demolition/ Relocation/Protection Plan. 48. On the slnmbol legend found on sheet x titled Site Plan & Details, change the height of the chain-link fence from four (4) feet to six (6) feet to match the detail drawing on the same sheet. Also indicate that the six (6) foot high fence is permanent. 49. Submit a city approved and executed x agreement between the subject property owner and the Lake Worth Drainage District (LWDD) regarding placing parking spaces within the LWDD right- of-way located in the northwest corner of the mall site. 50. Amend the plans to show compliance x with the results of the parking lot variance (PKLV 96-001) regarding the reduction in width of back-up space (27 feet to 25 feet) and length of p~rking space (18 feet to 17.25 feet) for the two above grade levels of the parking structure. AlSo, if the variance is approved reference on sheet SP~i the above-listed file number~and city commission approval date. 51. It is recommended that the proposed x wall signage, that was not included with the submittal, for the new store be processed as a minor site plan modification. Page 10 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 DEPARTMENTS 52. Add a note to sheet SP-1 that indicates development of the mall site shall be consistent with the conditions of the amended development order that are identified in ______Resolution R96-26. 53. On the elevation view drawing of the parking structure, change the title from east to west. Also change the west building elevation title to east ___~and change the east to west. 54. For safety purposes it is recommended that the parking spaces that are located on the ramp of the parking structure be omitted if the percent of ______slope is ~reater than 10 percent. 55. A request for abandonment will be required if the parking structure or Departmen~ Store F encroach into an easement. 56. Permit plans shall show compliance with all applicable codes, ordinances and resolutions. ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. INCLUDE REJECT TJH/dim a: ComD~pt .Mai TO: FROM: DATE: SUBJECT: PLANNING AND ZONING DEPAR: MEMORANDUM NO. 96-27¢ VIII. DEVELOPmeNT PLANS D cc: Plan, Dev, Util Agenda Memorand-m for May 21, 1996, City Commission Meeting Carrie Parker City Manager f' ,' ~ /,'7'-~? Tambrl J. Heyden ~;~- /.,/~// Planning and Zoning Direct0~ -- May 17, 1996 Boynton Beach Mall, Department Store F - MSPM 96-001 Major Site Plan Modification Please place the above-refereneed item on the May 21, 1996 City Commission agenda under Development Plann. DESCRIPTION: Cormac C. Conahan, Esq., with Hodgson, Russ, Andrews, Woods & Goodyear, agent for DeBartalo Properties Management, Inc., property owner is requesting to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure at 801 North Congress Avenue· The attached Planning and Zoning Deparhuent Memorandum No. 96-252 further details this request. RECOMMENDATION: The Planning and Development Board, with a 7-0 vote, recommended approval of this request subject to the comments in the attached Exhibit C, with the exception of Comment #10, regarding the requirement for wheelstops to be provided. The applicant contends that a variance granted by the Planning and Zoning Board on November 9, 1982 to not require wheeistops for the l~nall parking that currently exists is applicable to the parkin~ area expanaion proposed with this request. Parking lot variances are site plan specific, therefore, technically a new variance is required. However, this depm-tment would support an interpretation to allow the original variance to be applied to this site plan, since the original site .plan was conceptual. Comment 37, regarding building height in excess of the allowable 45 feet, was raised by the applicant as well. A height exception was granted in 1982 by the Comminsion for one of the department stores at the mall. At that time, the store name was not known; it ended up becoming a Macy's store. This height exception for Macy's allowed the following structures to exceed 45 feet by 20 feet: parapet, cooling tower screen and skylight peak (dome). Macy's never completed the third floor of their store, but these structures exist. The code specifies which types of structures are allowed to qualify for application for a height exception. Specific citations are included, but generally they are types of mechanical appurtenances. The applicant contends that the semi-circular, design entry feature is similar to a mechnnical appurtenance if it will screen mechanical equipment behind it and therefore he should be allowed to apply for a height exception. No mechanical equipment is c~rrentiy shown on the plan. Since the Board meeting, the applicant meet with the Forester to discuss comments 17, 19, 19A, 21, 24 and 26. The Forester recommends the following revisions to these comments: 17. Add the following sentence - This topic wilt be included within the Tree Management document. TO: Carrie Parker -2- May 17, 1996~. 19. 21. 24. 26. Replace the second sentence with the following sentence - Dead Slash Pine trees shall be included within the tree management document to cover replacement with equal tree value. Replace the third sentence with - The following tree sPecies is recommended for use in selecting tree substitutions for areas outside the preserve area and subsequent amendments to the site landscape plan, accordingly. Add to the end of the f'wst sentence - ... to select appropriate native species of plants/trees in the preserve area. Any appropriate changes shall be made on the site landscape plans, Add the following sentence - The trees are clearly shown inside the preserve area, however, they have not been counted and shown on the sheet. Replace the second sentence only with the following three sentences - The 235 trees shown on the plan will not all be relocated in the field, but the specific relocation site shall be indicated, The sp~fic healthy, desirable trees for relocation will be flagged with ribbon. Some of the trees will be mitigated in accordance with the tree management plan. TJH:dim Attachments xc: Central File a:CCagM~PM.Mal PLANNING AND ZONING DEPARTMENT MEMORANDUM f 95-252 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION DESCRIPTION OF PROIECT: Project Name:. Applkant: Location: File No.: Land Use Plan Designation: Zoning Designation: Type of Use:. May 9, 1996 Boynton Beach Mall (Department Store F) DeBartolo Properties Management, Inc. Mr. Cormac C. Conahan, Esq. 801 North Congress Avenue MSPM 96-001 Local Retail Commercial (LRC) Community Commercial (C-3) Retail Store Number of Unit~ Existing Site Characteristics: N/A Site Area: Building Area: 5~067,077 sq. ft. (116.37 acres) 1,232,817 sq. ft. (leasable) (see Exhibit "A" - location map) North C-16 Lake Worth Drainage District (LWDD) Canal and farther north is the Congress Lakes PUD (existing multi-family residential apartment units), zoned PUD and developed land located in Palm Beach County. South Old Boynton Road and farther south is undeveloped property, zoned PCD, (Planned Commercial Development) and AG (Agriculture)~ East Commercial~]evelopment, zoned C-3. / Wes~ Mall properS. (preserve area), zoned REC (Recreat,on)' and develOped residential property located in Palm Beach County. (see Exh~it "B" - e~isting site plan) The existing site is ~ regional shopping mall with associated parking, landscaping and ret .~ntion ponds with a detached Sears auto service center located in tF northeast corner of the mall site. Page 2 Boynton Beach Mall (Department Store F) File No. MSPM 96-001 Memorandum #96-252 Proposed Development: (see Exhibit "C" - proposed site plan) The Boynton Beach Mall is a development of regional impact (DRI). A recent resolution (R96-26), approved by the City Commission on February 20, 1996, amended the development order for the mall. In addition to the standard codes, the mall must comply with the additional conditions of this development order. This major site plan modification request includes adding a 162,502 gross leasable square foot department store, identified as Department Store F, to the existing mall structure. A two level, above grade, detached parking structure and revised parking and landscape improvements are proposed with the requesL Department Store F and the parking structure are to be located on the west side of the mall. Concurrency: a. Traffic - Parkln~ Facility:. Traffic review for the proposed mall addition_~ was previously reviewed and approved as mos~ recent amendment to the DRI. Insufficient drainage information has been ~ubmitted for the Engineering Division to certify compliance with the DRI drainage regulations. The Engineering Division is recommending that this be postponed to the time of permit review. The mall has two (2) existing, two-way driveways located on Old Boynton Road that allow access to a two-way peripheral access aisle that circles the outside of the mall site. There are three (3) existing inBress/e~ress access easements located on Congress Avenue which lead directly to the mall peripheral access aisle. The peripheral access aisle allows traffic to circle the mall before entering the parking facility. The proposed site changes will slightly modify the access aisle, however, the peripheral access aisle concept will remain. No changes are proposed to the access system. The parking facility at the west side of the mall will be the only vehicle use area affected by this site plan modification. A detach~.__ two level above grade parking structure housing 640 parking space~ is proposed for the center of the west side of the mall. Additional parking will be provided on the LWDD canal right-of way that ,s located in the northwest comer of the mall site. This will be accomplished by culverting the canal and constructed parking on the surface. A parking agreement is being fine-tuned between the mall the LWDD. Based on the gross leasable area identified on the site data found on sheet SP-1, a tOtal of 6,165 parking spaces are required. However, due to conflict between the spaces shown on the site plan sheet SP-1 and the Count of space~ at the s~t(~ the number o spaces provided cannot be confirmed. It is anticipated that the number of spaces provided at the site will meet the city's regulations. Approv. al of a variance to the zoning code: to reduce the number of required spaces will be required if the number of spaces provided is not meet city regulations. Page 3 I Boynton Beach Mall (Department Store F) File No. MSPM 96-001 Memorandum #96-252 Landscaping: Following compliance with staff comments the on-site landscaping will comply with city regulations. Compliance with staff comments will also ensure that the preserve area is in compliance with DRI standards and regulations. Building and Site Regulations: The proposed addition is in compliance with ail C-3 building and site regulations with the exception of the overall height. The applicant is requesting an overall height of 54 feet 6 inches whereas the city height limitation is 45 feet. The structure exceeding the height is not eligible for a variance or height exception to increase the height. Therefore, the structure must be reduced in height. The DRI allows a maximum of 1,244,449 square feet of gross leasable floor area for the mall site following compliance with the development regulations and standards identified in Resolution R96-26. The submitted plans indicate a total of 1,070,315 square feet of leasable area currently exists at the site. A total of 1,232,817 square feet of leasable area will be achieved by adding the 162,502 square feet of leasable area of the proposed department store F. Community Desiln Plan: ! The proposed color scheme, tan walls and a reddish brown accent trim, is compatible with the remainder of the mall. The arched entry feature with polished granite side styles and transom located on the north, west and south elevations feature a unique design to the mall design. However, it does not detract from the overall design of the mall and helps to break up the mass of the building. Signage~ Wall signage has not been submitted. RECOMMENDATION; :The Planning and Zoning Department recommends approval of this site plan request, subject to the comments included in Exhibit D - Conditions of Approval. The TRC recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File A:STREMALL.SPM MEH:bme EXHIBIT II A II ,LOCATION MAP BOYNTON BEACH MALL DEPARTMENT STORE "F" AG i1 1/8 MILE~ 400.'800 FEET PC:D ~b PIE) RIAA ~i R3 .( !:13 ./ EXHIBIT I! B !1 __~ ? 1' r T SITE P!.~ ~=PROVED (subject to conditions of epproval) JANUARY 3, 1996 '!' B '1' /O EXHIBIT EXHIBIT "D" Conditions of Approva1 Project name: Boynton Beach Mall - Department Store F File number: MSPM 96-001 Reference:The plans consist of 21 sheets plus a 10 Da~e landscapm report identified as 2nd Review, Major Site Plan Modification. Fil~ $ MSPM 96-001 with a March 20. 1996 Plannin~ and Zonin~ DeDartmen~ date stamp markinq DEPARTMENTS PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. Utilities requests a meeting with applicant and or the design Engineer to discuss utility relocations and permit applications to MRS. 2. The existing water system, on the mall property, is owned and maintained by the City of Boynton Beach. Please remove or ~revise your note #3 on your sheet #M-3. FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: 3. Typical parking detail shows 27' bac~,_p space, but reference is also made to 25' width which must be removed. 4. The ends of islands must extend out to ends of staffs. 5. Fire lane locations are acceptable, but must have minimum 22 foot pavement width. 6. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap.6,Art. IV, Sec.5A, pg.6-7 7. All landscaped areas shall be provided with an automatic water supply system. Chap.7.5,2%rt. II,Sec. SB,pg.7.5-14 8. The parking area interior landscaping shall be located in such a manner as to divide and break up the expanse of paving. Chap.7.5,Art. II~Sec. SG,pg.7.5- 17 9. Provide stop signs and stop bars in a~cor'dance with the "Manual on Uniform.. Traffic control Devices" Chap.23,Art. IIB2,pg.23-7  No more than two access aisles may be traversed without interruption which shall be accomplished by the Placement of wheel stops or the installation of a raised, continuous curb. Chap.23,Art. IIE,pg.23-7 Page 2 Major Site Plan Modification Boynton Beach Mall - Department Store MSPM 96-0~1 DEPARTMENTS I INCLUDE REJECT 11. The parking garage may require a security system. Chap. 23, Art. IIJ; pg. 23-9 12. It is recommended that "heavy duty" pavement within the driving aisles of the parking lot. 13. It is recommended that a supplemental plate be attached below the handicap post sign indicating the $250 fine as a deterrent. 14. It is recommended that fire lane pavement messages be alternated every 50 ,, with related post mounted signs along building perimeter. Face post mounted signs in direction of oncoming traffic. BUILDING DIVISION Comments: 15. Until such time as architectural plans are presented and an up-to-date survey is received, technical questions with regards to ingress and egress and easement encroachment cannot be determined. Plans must show that placement of the anchor store and. multi-story garage does not encroach upon easements, etc. 16. The size of the plans needs to be reduced to comply with the / department' s record' keeping and m~crofilm program. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comment s: 1~. There will be mitigation required for slash pine trees which have died due to the lack of maintenance in the preserve area' A meeting with the owner's representative on the preserve . site to compare the quantity of existing, healthy slash pine trees with the original tree survey quantity is needed. 18. A Tree Management Plan must be submitted for the preserve area. comprising 5.283 acres. This document will address the removal of exotics from the preserve acreage on a regular time schedule. Page 3 Major Site Plan Modification Boyllton Beach Mall - Department St°re MSPM 96-001 I~9~ Slash pine trees may have been killed ~--~ i by the lack of preserve area I maintenance required by the DRI since i November 16, 1982 and December 19, 19989. These dead trees will have to be replaced with equal tree value as part of the Tree Management Plan. Selection of plant materials (plant list) is as follows: Queen palm (AR) is not native species nor wildlife benefit; therefore, recommend native palm trees. Black Olive (BB) is not a native species nor a wildlife benefit, therefore, recommend live oak or sand live oak. Laurel Oak (QL) is not proper for this soil type, therefore, recommend live oak or sand live oak. Pongam (PP) is not a native species and is listed as a nuisance tree (Palm Beach County Ord.), therefore recommend either live oak or sand live oak, dahoon holly, red bay. Yellow Tabebuia (TA) is not a native species, therefore recommend either yellow elder geiger tree, or sweet acacia. Viburnum suspensum (VS) is not a native species, therefore recommend either Walter's viburnum, wax myrthle or Florida Privet, Firebush, Saw Palmetto 20. It is recommended that a wax myrthle hedge be installed along the entire west side of the perimeter block wall along Javert Street. 21. Plant trees/shrubs in accordance with Treasure Coast Regional Planning Council letter of February 6, 1996 from Peter G. Merritt, Regional Ecologist (for preserve area). 22. The littoral zone plantings for (4) lakes (A~B,C,D) submitted for the April 3, 1996 date shall be the plans submitted to the City Building Department for permits. The TCRPC may make comments on these plans'which should be included in the permit review process. Page 4 Major Site Plan Modificauion Boynton Beach Mall Department Store MSPM 96-001 23. Sheet ~ 1 of 17, the lighting standard shown should be installed adjacent to the preserve area in a manner not to interfere with the flora/fauna. The adjacent residential community has expressed a concern about being shielded from the glare of the ~ proposed lighting structures. ~ Sheet # 5 of 17, the total quantities j / of existing trees on the tree survey should be indicated on this sheet or the landscape plan for the preserve area. The eventual tree count for the preserve area should be equal to or more than this quantity of existing (desirable) trees. 25. Sheet # 6 of 17, the page should indicate clearly that the entire tree preserve area perimeter will contain a permanent chain link fence. The page is not clear as to when the temporary fence will be replaced with the permanent fence. The adjacent residential neighborhood is concerned about people walking through the preserve. The Tree Management Plan should keep all debris and dumping out of the preserve area. 26. Sheet ~ 8 of 17, the existing ornamental trees shown for relocation arou~ the retention ponds should be coordiz~ted with the littoral zone planting plans for the ponds. The 235 trees shown to be relocated per plan should indicate the specific relocation sites. The existing Slash Pine trees shown for relocation are the only species to be placed insid9 the preserve area. Any tree trimming specified should meet the National Arborist Society guidelines for "thinning', the crown or "lifting" the lower limbs of the trees (removal and relocation notes #5, ~6, #7). 27. Sheet # 9 of 17, see previous comments about "plant list" selection of materials (comment ~ 19). All disturbed areas within the preserve area should not be reseeded, unless the grass seed is a native species to Slash Pine community. PLANNING AND ZONING Comments: Page 5 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 28. Prior to issuance of a Building Permit, the applicant shall cause the preservation as a native habitat preserve in perpetuity of the pine area in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. (Per Resolution R96-26) 29. Prior to commencing construction activity within the parcel containing the area to be preserved, the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. (Per Resolution R96-26). 30. All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the limits of the pine area) shall be removed prior to issuance of a certificate of occupancy for any new square footage. These species shall not be used in landscaping. (Per Resolution R96-26). 31. A landscaped buffer along the West boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached to the Resolution 96-26 and identified as ~Exhibit "1" to the resolution. 32. Utilizing native woody species prior to construction and planting of littoral zones around the existing detention ponds, the applicant shall prepare a management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall include a description of the monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footag~ constructed until the Plan is determined to be consistent with the Regional Plan. The littoral zone shall be in place prior tO the issuance of a Certificate of Occupancy for any additional square foQtage to be constructed. (Per Resolution R96-26). Page 6 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 DEPARTMENTS I iNCLUDE I REJECT 33. DrainaGe plans to be submitted shall be designed so that under no circumstances shall post development / runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year frequency. (Per Resolution R96-26). 34. No buildinG permits for Gross leasable space in excess of 1,108,000 square feet within the Boynton Beach Mall shall be issued until all riGht-of-way within the project boundaries have ~ been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County ThorouGhfare RiGht-of.way Protection Plan. (Per Resolution R96- 26) . 35. Prior to, or upon issuance of a~ building permit for the additional ~ square footage, the'applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall proposed change. (Per Resolution R96-26) . /? Page 7 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store File No.: MSPM 96-001 36. Upon a site visit to the property to compare the count and location of the regular and handicapped parking spaces to the location shown on sheets SP-1, SP-4, 1 and 1-A of the submitted plans it was determined that changes have been made to the parking layout which results in the total number of provided spaces being less than what is specified on the parking data. The above-listed plan view drawings will be required to be updated to show and identify the accurate number of regular and handicapped parking spaces provided at the site to enable staff to determine whether the provided number of spaces meets the minimum requirements. An accurate count and listing of the existing and proposed new parking space layout is required to determine whether the appropriate number of handicapped parking spaces are being provided at'the site. Modify the plans and parking data to show the correct total number of provided spaces. Provide a separate listing identifying the number of required and provided handicapped spaces. Also show on sheet SP-l.the location of no less than the minimum number of handicapped parking spaces as required by code. The total number of req~/ired parking spaces is i~correctly identified on sheet SP-1. COrrect the count and data by dividing the total gross leasable floor area by two hundred (200). AlsO, correct the inconsistency between the total number of parking spaces that ~ill be provided in the two (2) levels above grade of the parking struCture. The number of spaces identified in the parking data on sheet SP-1 is 640 and the detail draWing found on the same sheet indicates 680 spaces. The number of parking spaces provided shall be no less than the total number of parking spaces required. Approval of a variance to the zoning code to reduce the number of required spaces will be required if the. number of spaces provided is not consistent with city regulations. -~ Modify the building elevations found on sheet titled "Design Elevations" to show.a maximum building height not exceeding the city's forty-five (45) fee~ height limitation. [Chapter 2 Zoning, Section 6.C.3] . 3 38. On sheet SP-1, show and label the wor~ limit line./ Page 8 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Depar~menu Store F Pile No.: MSPM 96-0~1 39. On sheet SP-1 modify the site data to include the following information: Separately delineate the total square feet area of the preservation site. This area shall match the area that is identified on the city zoning map as REC as well as the area identified on the corrected survey prepared by O'Brien, Sutter & O'Brien, Inc. 40. Correct the inconsistency between the configuration of the parking structure drawing found on sheet SP-1 and the parking strUcture shown on the sheet titled "Design Elevations,,. Adjust the site data and total number of parking spaces provided accordingly. 41. Submit drawings that show the layout and dimensions of the columns, stairs, walls, elevators (where applicable) and pedestrian access for each of the two above grade levels of the parking structure as well as the parking layout at grade level. Modify the provided parking calculations accordingly. 42. Submit elevation view drawingsof the north, south and east sides of the parking structure including identifyin? the dimension ofthe overall height of the structure. Also identlfy all exterior materials and their color by name, color designation and manufacturer. 43. Show on the elevation view' drawings the location and elevation of the highest p~int of the roof top mounted equipment. Ail roof top equipment shall not be visible from a distance of six hundred feet. Show the required screening and identify the material and color by name, color designation and manufacturer Screening shall ~ot exceed forty-five (45) feet. 44. Submit for review conceptual floor plan, drawings of Department Store F. Identify the prinCipaiiuse and ancillary uses on the floor Plan. /? Page 9 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 45. On the sheet titled, Tree Locations Boynton Beach Mall - Preserve, prepared by O'Brien, Sutter& O'Brien, INC., identify the legal description of the land area and the total acres. The total acreage/area shall not be below the area of the land identified and zoned REC (Recreation). Where applicable, modify the proposed vehicle use area and adjacent landscape strip to not encroach into the preserve. 46. On the sheet titled Planting.Plan (L- 2), change the spacing of the coco plum hedge from three (3) feet to two (2) feet, center to center. Also place a note on the plan indicating that the spacing of landscape material identified on the landscape plan supersedes the quantities listed. 47. On the sheet titled, Construction Sequencing Plan, indicate the preserve area plantings and maintenance completion times required by resolution R96-26. Also add this note to the pine preserve notes found on the sheet titled Landscape Demolition/ Relocation/Protection Plan. 48. On the symbol legend found on sheet titled Site Plan & Details, change the height of the chain-link fence from four (4) feet to six (6) feet to match the detail drawing on the same sheet. Also indicate that the six (6) foot high fence is permanent. 49. Submit a city approved and executed agreement between the subject property owner and the Lake Worth Drainage District (LWDD) regarding placing parking spaces within the LWDD right- of-way located in the northwest corner of the mall site. 50. Amend the plans to show compliance with the results of the parking lot variance (PKLV 96-001) regarding the reduction in width of back-up space (27 feet to 25 feet) and ~ength of parking space (18 feet to 17.25 feet) for the two above grade levels of the parking structure. ~lso, if the varianCe ts approved reference on sheet ~SP-I the above-listed f'ile number and city commission approval daSe. 51. It is recommended that the proposed wall signage, that was not included with the submittal, for the new store be processed as a minor site plan modification. Page 10 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 52. Add a note to sheet SP-1 that indicates development of the mall site shall be consistent with the conditions of the amended development order that are identified in Resolution R96-26. 53. On the elevation view drawing of the parking structure, change the title from east to west. Also change the west building elevation title to east and change the east to west. 54. For safety purposes it is recommended that the parking spaces that are located on the ramp of the parking structure be omitted if the percent of slope is greater than 10 percent. 55. A request for abandonment will be required if the parking str~cture or Department Store F encroach into an easement. 56. Permit plans shall ~how compliance with all applicable codes, ordinances and resolutions. ADDITIONAL CITY CO~ISSION CONDITIONS 1. To be determined. TJH/dim a: ComDepc .Mm~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: St. Joseph's Episcopal Church and School APPLICANT'S AGENT: Jerome F. Milord, DATE OF HEARING BEFORE CITY COMMISSION: May 16, 1996 TYPE OF RELIEF SOUGHT: Conditional Use Approval for Demolition and addition of library and art and lecutre buildin,qs LOCATION OF PROPERTY: 3300 South Seacrest 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 Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requestec~. 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 Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: DATED: May 31, 1996 City ~lerk C:d;~.~ rev. 1/24/96 EXHIBIT "C" Conditions of Approval Project name: St. Joseph's Episcopal Church and School File number: COUS 96-002 Reference:The plans consist of 9 sheets identified as 1st Review, Conditional Use APproval. File # COUS 96-002 with a March 29. 1996 Planning and Zonina Department date st~m~ markina. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE comments: NONE ENGINEERING DIVISION Comments: 1. All plans submitted for specific x permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 2. Need SFWMD & LWDD acceptance prior to x Engineering approval. Chap.6,Art. IV,Sec.SA,pg.6-7 3. Provide certification by developer's x engineer that drainage plan complies with all City codes and standards. Chap.6,Art. IV, Sec.5A,pg.6-7 and Chap.23,Art..IIF, pg.23-8 4. Parking lot section must conform to x City code. Chap.6,Art. IV, Sec.10F,pg.6- 12 5. Photometrics must be approved for both x pedestrian and parking lot lighting before permit can be issued. Chap.23,Art. II,Ala,pg.23-6 6. Provide a satisfactory lighting plan. x Chap.23,Art. IIA,pg.23-6 7. Parking lot dimensions, striping, x aisles, stalls, radii, signs, landscaping, etc. must conform with City codes and standards. Chap.23,Art. II,pg.23-6 8. Provide stop signs and stop bars in x accordance with the "Manual on Uniform Traffic Control Devices". Chap.23,Art. IIB2,pg.23-7 Page 2 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 DEPARTMENTS I INCLUDE I REJECT 9. Provide required fire lane markings x and signage. Chap.23,Art. IIM,pg.23-9 BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 10. For preservation purposes, indicate if x there are any existing trees on the site in the area of the new construction. PLANNING AND ZONING Comments: 11. On Sheet C-2, Site Plan, include legal x description, as required by the city's Land Development Regulations, Chapter 2 - Zoning, Section ll.2.F.5d. 12. On Sheet C-2, Site Plan, indicate x traffic flow pattern of the on-site vehicular system, as required by the city's Land Development Regulations, Chapter 2 -Zoning, Section ll.2.F.5g. 13. Provide parking information for the x entire site in a tabular form that consists of: -number of required parking spaces, -number of provided parking spaces, Include relevant calculations in accordance with the city parking regulations. Proposed parking should reflect requirements of the American Disability Act. 14. To show compliance with the city x standards, indicate dimensions of parking aisles and driveways. 15. Depict on the site plan the height and x building materials of all fences and buffer walls. 16. Clearly identify on the site plan all x existing and new outdoor lighting fixtures. 17. Provide enlarged sketch'of soli~ waste x containers. Depict their dimensions, height'and building materials of enclosures. Provide appropriate landscaping in accordance with the city code. Page 3 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 DEPARTMENTS I INCLUDE I REJECT 18. On the proposed site plan, Sheet C-2, x insufficient data regarding site development, as required by the Land Development Regulations, Chapter 2 - Zoning, Section ll.2.F.5n., is provided. Add missing information to comply with the above code provision. 19. Eliminate discrepancies in x dimensioning of the proposed parking lot along Swinton Avenue right-of-way between correctly drawn paving plan and the substandard layout shown on the site plan. 20. Eliminate discrepancies regarding x landscaping between Existing Site Plan, Sheet C-l; Proposed Site Plan, Sheet C-2; and Landscape Plan (not depicted with a symbol). Eliminate inconsistencies between planting materials shown on all the above sheets. 21. In a tabular summary of the proposed x shrubs, indicate quantities for each specie category. 22. Index sheet, Sheet C-l, contains x incorrect list of submitted drawings. Two of the submitted drawings are depicted with the symbol C-1 and two other ones with the symbol C-2. Correct notation of symbols on each sheet. 23. Provide information regarding use of x northeast portion of the property. If the use is recreational, as indicated on the survey, draw in the layout of recreational facilities as they currently exist. If the area is just landscaped; note on the plans, and indicate locations of trees. 24. On the proposed site plan, indicate x with an identifiable symbol the limits of construction related to site work such as sidewalks, new paved or repaved areas, etc. 25. On the site plan, include a note that x the submitted proposal meets the expansion limits, as set ~ut in the restrictive deed covenant of the property for 225 students and 133 parking spaces, during us~ of the gymnasium. If these limits are exceeded, a new traffic study for the site needs to be submitted before building permit applicatiDn. 26. Permit plans shall meet a~l applicable x city codes. 27. Provide color elevations of proposed x library building and proposed addition to the classroom building identified on the proposed site plan as building 5. Page 4 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. TJH/dim a: ComDept. StJ TO: FROM: DATE: SUBJF, CT: PLANNING AND ZONING DEP~ 1V~MORANDUM NO. 96- VT. PU~.!C HEARING A cc: Plan, Dev, Util Agenda Memorandum for May 21, 1996, City Commission Meeting Carrie Parker City Manager Tambri J. Heyden Planning and Zgning Director May 16, 1996 St. Joseph's Episcopal Church and School - COUS 96-002 Conditional Use Approval for demolition and addition of library and art and lecture buildin~ Please place the above-referenced item on the May 21, 1996 City Commi~ion agenda under Public Hearing. DESCRIPTION: Jerome F. Milord, agent for the St. Joseph's Episcopal Church and School located at 3300 South Searrest Boulevard, zoned R-1AAB, Single-family Residential, is requesting conditional use approval for construction of a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildln~s. The attached Planning and Zonln.o Department Memorandum No. 96-246 provides further detnil~ regarding this request. RECOMMENDATION: The Planning and Development Board, with 7-0 vote, recommended approval of this request for conditional use approval, subject to the comments fat tim attached Exhibit D and, screening of the air conditionin~ units to be installed Ma die roof top of the new buildin~o (this is a code requirement). In addition, the Board rec, m,,m~ded KTeeninoo of the roof top air conditioning units on the existing ~ymmLtium built last year. TJH:dim Attachments xc: Central File a:CCAgCOUS.S~J PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-246 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Tambri J. Heyden Planning and Zoning Director Jerzy LewickL- '~ ~- May 7, 1996 St. Joseph's Episcopal Church and School - COUS 96-002 Conditional Use Approval for demolition and addition of library and art and lecture buildings INTRODUCTION: St. Joseph's Episcopal Church is an existing church containing a school On 14.68 acre: located at 3300 South Seacrest Boulevard (see enclosed Exhibit A - location map). Jerome F. Milord, agent for the Church, is requesting conditional use approval for the following.--~ - Removal of existing library building 4250 sq. ft. - Removal of existing lecture/art building 2680 sq. ft., see enclosed Exhibit B - existing site plan. Also, proposed is the following: - Addition of a new library, art and lecture building 7591 sq. ft. - Addition of a restroom facility to the existing classroom #5 See enclosed Exhibit C - proposed site plan. As a result of the remodeling, the total square footage of the facility will be increased from 57,156 square feet to 58,117 square feet (increase of 961 square feet). The church property area remains the same (14.68 acres). The existing church and school facility is located in the R-1AAB, Single-family Residential zoning district and was previously approved by the City Commission, incrementally as outlined below: Original approval - 1972 Approval of an expansion of the facility - 1988 Approval of further expansion of the facility - 1994 Approval of further expansiOn of the facility - 1995. SURROUNDING LAND USES AND ZONING DISTRICT: (see Exhibit ~A~ - location map) North -existing, single-family neighborhood, zoned residential R-1AAB South - undeveloped land zoned PUD Page 2 Planning and Zoning Department ~4emorandum No. 96-246 St. Joseph's Episcopal Church and School East - existing single family residences and farther north Seacrest Scrub, zoned residential R-1AA West - existing single family residential neighborhood zoned residential R-1AAB STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2.D of the Zoning Code contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Department's evaluation of the application as it pertains to the standards: The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site has two (2), two-way driveways connecting the internal vehicular use area with the adjacent streets; one on the east with South Seacrest Boulevard, and one on the west With Swinton Avenue. Off-Mreet parking and loading areas where required, with particular attention to the items in Subsection I above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. As part of the 1988 expansion approval, a shared parking allocation was approved. By code, the various principal uses on site would require 265 parking spaces as follows: church - 75 spaces, existing school - 24 spaces, new classrooms - 12 spaces, parish hall - 44 spaces, fellowship hall - 44 spaces, and new gymnasium - 133. The current shared parking study was revised to include the schedule (day and time) of rellgious and non-religious activities and the enrollment ( limited to 225 students and 28 staff by the deed restriction). The study indicated that the church sanctuary is primarily used for services on Sundays and that the school operates on weekdays. Certain other ancillary u.s~s *occur on Saturdays and we,.days, during the daytime and evening hours. The peak parking demand was shifted to (and continues to be) the hours of operation of the gymnasium. SinCe there was no overlap of the gymnasium use with other activities, staff determined that the minimum number of parking spaces required was 133. The 133 parking spaces is the number of spaces shown on the previous site plan modifications dated 1988 and 1994. In 1995, 31 new parking spaces were added north of the gymnasium building. This application does not add parking even though there is a net Page 3 Planning and Zoning Department Memorandum No. 96-246 St. Joseph's Episcopal Church and School increase of 961 square feet, however since student enrollment is locked in by deed restriction for traffic purposes and since the library and art/lecture building will not bring in additional visitors, the previous shared parking allocation and methodology is acceptable as previously approved. Refuse and service areas, with particular reference to the items in Subsection I and 2 above. No dumpster relocation is proposed. The current location was previously approved by the Public Works Department. No concerns regarding service areas have been raised. Utilities, with reference to locations, availability, and compatibility. The Fire Department states that there is the need for a new on-site fire hydrant to be provided. Therefore, a new water line will have to be constructed, subject to Utility Department approval. The agent for the~ owner consents with this requirement. Screening, buffering and landscaping with reference to type, dimensions, and character. No new buffering dr screening is required at this time. Existing trees conflicting with the proposed construction will be relocated. Signs, and proposed exterior lighting, with reference to glare, traffic safety,' economic effect, and compatibility and harmony with adjacent and nearby properties. No additional signs or exterior lighting plans were submitted to the city at the time of evaluation of this proposal. The conformance of the exterior lightJn~ and/or signs with the city code will be determined with the permit applkation. Required setbacks and other open spaces. Required setbacks and other open space requirements are met. General compatibility with adjacent properties, and other property in the :~-' zoning district, r The existing facility has not generated adverse comments. The proposed additions are not expected to change compatibility with adjacent properties. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The height of the proposed library/art and lecture building, is limited to 22' - 6 1/2~ and meets the city's height regulations of a maximum of 25 feet in residential districts. Page 4 Plannin$ and Zoning Department Memorandum No. 96-246 St. Joseph's Episcopal Church and School 10. Economic effects on adjacent and nearby properties, and the city as a whole. No negative economic effects are anticipated since the purpose of the proposed construction is to replace two buildings that are existing. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. [Part III Land Development Regulations Chapter 4]. Compliance of permit drawings with attached staff comments will provide confOrmance to the above-referenced requirements. 12. Compliance with, and abatement of nuisances and hazards in accordance with the Performance Standards Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. No additional effect is foreseen. The Police Department indicated that there have not been any complaints relative to the existing use. RECOMMENDATION; The Planning and Zoning Department recommends approval of this conditional use request, subject to the comments included in Exhibit D - Conditions of Approval. The Technical Review Committee recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File JL:bme LO~A~ iON MAP ST JOSEPH'S SCHOOL ITE NOTE EXHIBIT "B" Ill J; KEY PLAN, SITE PLAN AND LANDSCAPE PLAN MILORD Company': EXHIBIT II C II ~ a.m. S:TtS. m AND LANDe~-N'E II EXHIBIT l! D I! EXHIBIT "D" Conditions of Approval Project name: St. Joseph's Episcopal Church and School File number: COUS 96-002 Reference:The o!a~ consist of 9 sheets identified as 1st Review. ConditiOnal Use AnDroval. File ~ COUS 96-002 with a March 29, 1996 date stamp markina. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: 1. All plans Submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 2. Nee~SFWMD & LW-DD acceptance prior to Engineering approval. Cha~?6,Art. IV, Sec.5A, pg.6-7 3. Provide certification by developer's engineer that drainage plan complies with all City codes and standards. Chap.6,Art. IV, Sec. SA, pg.6-7 and Chap,23,Art. IIF, pg.23-8 4. Parking lot section must conform to / City code. Chap.6,Art. IV, Sec.10F,pg.6- 12 5. Phot0metrics must be approved for both pedestrian and parking lot lighting / before permit can be issued. Chap,23,Art.II,Ala,pg.23-6 6. Provide a satisfactory lighting plan. / Chap.23,Art. IIA, pg.23-6' 7. Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must'conform'with / City codes and standards. Chap,23,Art. IIypg.23-6 8. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic COntrol Devices,,. / Chap~23,A~t. IIB2,pg.23-7 I 9. Provide required fire lane markings and signage. Chap.23,Art. IIM,pg.23-9 Page 2 Conditions of'Approval St. Joseph's Episcopal COUS 96-002 Church and School Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALiST Comments: 10. For preservation purposes, indicate if there are any existing trees on the site in the area of the new construction. PLAITNINGAND ZONING Comments: 11. On Sheet C-2, Site Plan, include legal description, as required by the city's Land Development Regulations, Chapter 2 - Zoning, Section ll.2.F.Sd. 12. On Sheet C-2, Site Plan, indicate traffic flow pattern of the on-site vehicular system, as required by the city's Land Development Regulations, Chapter 2 -Zoning, Section ll.2.F.5g. 13. Provide parking information for the entire site in a tabular form that consists of: -number of required parking spaces, -number of provided parking spaces, Include relevant calculations in accordance with the city parking regulations. Proposed parking should reflect requirements of the American Disability Act. 14. To show compliance with the city standards, indicate dimensions of parking aisles and driveways. 15. Depict on the site plan the height and building materials of all fences and buffer walls. 16. Clearly identify on the site plan all existing and new outdoor lighting fixtures. 17. Provide enlarged sketch of solid waste containers. De~;ict their dimensions, height and building materials of enclosures. Provide appropriate landscaping in accordance with the city code. 18. On 'the proposed site plan, Sheet C-2, insufficient data regarding site development, as required by the Land Development Regulations, Chapter 2 - Zoning, section ll.2.F.5n., is provided. Add missing information to comply with the above code provision. ~ag~ 3 Conditions of Approval St. Joseph's Episcopal Church and School COUS 96-002 DEPARTMENTs 19. Eliminate discrepancies in dimensioning of the proposed parking lot along Swinton Avenue right-of-way between correctly drawn paving plan and the substandard layout shown on the site plan. 20. Eliminate discrepancies regarding landscaping between Existing Site Plan, Sheet C-l; Proposed Site Plan, Sheet C-2; and Landscape Plan (not depicted with a symbol). Eliminate inconsistencies between planting materials shown on all the above sheets. 21. In a tabular summary of the proposed shrubs, indicate quantities for each )ecie cate¢ r. 22. Index sheet, Sheet C-l, contains incorrect list of submitted drawings. Two of the submitted drawings are depicted with the symbol C-1 and two other ones with the symbol C-2. Correct notation of .symbols on each sheet. 23. Provide information regarding use of northeast portion of the property. If the use is recreational, as indicated on the survey, draw in the layout of recreational facilities as they currently exist. If the area is just landscaped; note on the plans, and indicate locations of trees. 24. On the proposed site plan, indicate with a~ identifiable symbol the limits of construction related to site work such as sidewalks, new paved or areas, etc. 25. On the site plan, include a note that the submitted proposal meets the expansion limits, as set out in the restrictive deed COvenant of the property for 225 students and 133 parking spaces, during use of the gymnasium. If these limits are exceeded, a new traffic study for the site needs to be submitted before buil~ permit )lication. 26 Permit plans shall meet all applicable Codes. 27. PrOvide color elevations of proposed library building and proposed addition to the classroom building identified on the proposed site plan as' building 5. INCLUDE REJECT ADDITIONAL CITY COMMIssIoN CONDITIONS 1 To be determined. TJH/dim CITY OF BoYNToN BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS MAY 21, 1996 ABRAMSON & ASSOCIATES .................................. $10,000.00 Real Estate Adv Serv For Mm'im~ Project Pay From Gen Fuad -- 001-194-5-499-00 MARTIN FENCE CO .......................................... $12,215.03 PO 11513. Fencing For Ball Field Pay From Public Serv Tax Fuad -- 301-722-5-629-50 PBC SOLID WASTE AUTHORITY .............................. $ 95,370.90 4/96 Landfill Use/Street Sweeper Pay From Saa Fu~d -- 431-341-5-490-01, $94,395.15 Pay From Gen Fund -- 001-411-5-490-01, $975.75 SCRWTD BD ................................................ $162,892.90 4/96 User Charge for Wastewater Trtmt/Disp Pay From W & S Rev Fund -- 401-353-5-490-09 SCRWTD BD .......................... ; ...................... $15,637.50 Sink Fund - Pump Motor Replacement Pay From Util Gert Fund -- 403-000-0-691-22 AP?~OYAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COiviiVilSSION APPROVAL HODGSON RUSS ANDREWS WOODS & GOODYEARLLP ATTORNEYS AT LAW 2000 Glades Road A/bany Suite 400 Boc~ Raten Boca Raton, FL 33431 Buffalo 407-394-0500 Boca ~TON New York 407-736-2177 ?AL~ ~CH Rocl~st~r 305~764~2440 B~OW~mD Miss~sauga ~:: 305-427-4303 (Toronto) May 21, 1996 Mayor and City Commission City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor and City Commissioners: RE: Boynton Beach Mall, Department Store F-MSPM 96-001 Major Site Plan Modification We have reviewed the conditions with Kevin Hallahan proposed for the Site Plan Modification and request the consolidation and clarification of Condition 17, paragraph 1 of Condition 19 and Condition 24 and replace them with the following Condition: As part of the Tree Management Plan the applicant shall confirm the quantity of presently living slash pine trees within the Pine Preserve Area to the satisfaction of the City Forester. All presently living slash pines that, in the judgment of the City Forester, cannot be reasonably saved in conjunction with the removal of exotics from the Pine Preserve Area shall be replaced on a one-to-one basis with new 8 to 10 foot tall slash pines. If this change is made to the Site Plan Conditions, the applicant will accept the other conditions relating to the Pine Preserve Area. We have had other discussions with City Staff today and we will address other issues raised with Staff at the Commission meeting tonight. 61091 Very truly yours, ormac C. Conahan A Registered Limited Liability Partnership Including Professional Associations PETITION that the DeBartolo Corporation (owners of the We, the residents of Pine Acres, DEMAND Boynton Beach 1Mall) provide the following for the preservation of the 6.2 acre pine preserve that buffers our neighborhood from the mall. Clear out all exotic growth in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings on the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to th~ mall Maintain the preserve, fence, wall, pathway and retention pond Signature Print name and Address PETITION ge, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the Joynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that buffers our neighborhood from the mall. Clear out all exotic growth in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings on the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to the' mall Maintain the preserve, fence, wall, pathway and retention pond PETITION Ne, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the Boynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that buffers our neighborhood from the mall. Clear out al! exotic growth in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings on the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to the' mall Maintain the preserve, fence, wall, pathway and retention pond Signature Print name and Address ' PETITION ~-. - ~"~AND that the DeBartolo Corporation (owners of the W~ ~e residents otme Acres, ~r~,a BoYmon Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that buffers our neighborhood from the mall. Clear out all exotic growth in the preserve Replace remOVed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high ehainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings on the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to the mall Maintain the preserve, fence, wall, pathway and retention pond 10 13. PETi 'ION :~ '~fe, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the oynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that · oUffers our neighborhood from the mall. Clear out all exotic growth in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the em~re preserve Put native plants On the west side of the fence Put native plantings on the west side of the wall Clean op the retention pond Build a pathway for the neighborhood to have walking access to the~ mall Maintain the preserve, fence,~wall, pathway and retention pond Signature Print name and Address PETITION f 'e, the res/dents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the . )ynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that buffers our neighborhood from the mall. Clear out all exotic growth, in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings On the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to th~ mall Maintain the preserve, fence, wall, pathway and retention pond Signature Print name and Address 12, 13. PETITION We, the residents of Pine Acres, DEMAND that the DeBartolo Corporation (owners of the i~oynton Beach Mall) provide the following for the preservation of the 6.2 acre pine preserve that mffers our neighborhood from the mall. Clear out all exotic growth in the preserve Replace removed exotic growth with native plants Remove all garbage Place shielded lights in the parking lot Place a 6' high chainlink fence around the entire preserve Put native plants on the west side of the fence Put native plantings on the west side of the wall Clean up the retention pond Build a pathway for the neighborhood to have walking access to the mall Maintain the preserve, fence, wall, pathway and retention pond Signature ('1[/ Print name and Address 10. 13. PETITION AG~'INST HILLS OF LAKE EDEN We, the undersigned residents of the i~eighborhoods of Lake Eden, oppose any change to the development proposal known as the Hills of Lake Eden. On February 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet under air. Further, the developer agreed that 29 lots would be 9,000 square feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to construct homes compatible with our neighborhood. and Addresses PETITION AGAINST HILLS OF LAKE EDEN We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to the development proposal known as the Hills of Lake Eden. On February 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet under air. Further, the developer agreed that 29 lots would be 9,000 square feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to construct homes compatible with our neighborhood. Names and Addresses PETITION AGAINST HILLS OF LAKE EDEN We, the undersigned residents of the neighborhoods of Lake Eden; oppose any change to the development proposal known as the Hills of Lake Eden. On February 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet under air. Further, the developer agreed that 29 lots would be 9,000 square feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to construct homes compatible with our neighborhood. Names and Addresses PETITION AGAINST HILLS OF LAKE EDEN We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to the development proposal known as the Hills of Lake Eden. On February 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet under air. Further, the developer agreed that 29 lots would be 9,000 square feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to coustruct homes compatible with our neighborhood. Names and Addresses c PETITION AGAINST HILLS OF LAKE EDEN We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to the develoPment proposal known as the Hills of Lake Eden. On February 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet uader air. Further, the developer agreed that 29 lots would be 9,000 squard feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to construct homes compatible with our neighborhood. Names and Addresses PETITION AGAINST HILLS OF LAKE EDEN We, the undersigned residents of the neighborhoods of Lake Eden, oppose any change to the development proposal known as the Hills of Lake Eden. On Februmy 20, 1996, the Boynton Beach City Commission approved the project. At that time, the developer agreed that homes would be at least 2,400 square feet under air and average 2,600 square feet under air. Further, the developer agreed that 29 lots would be 9,000 square feet and 27 lots would be 7,150 square feet. We believe any request to alter these agreements is not appropriate as the developer publicly committed to construct homes compatible with our neighborhood. and Addresses f't / t t'f FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into by and between STONEHAVEN HOMEOWNERS~ ASSOCIATION, INC., a Florida corporation ("Association") and BILL R. WINCHESTER ("Winchester") and MICHAEL A. SCHROEDER, TRUSTEE ("SCHROEDER"). WHEREAS, the parties entered into that certain Agreement dated June 19, 1990, with respect to various matters pertaining to the Boynton Beach Boulevard PCD, Knuth Road PCD and Tara Oaks PUD (the "Agreement"); and WHEREAS, the parties are desirous of modifying the Agreement in certain respects. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Agreement paragraph II.A.(3) is hereby modified to read as follows~ "The wall shali be built as part Of the project for the construction of~the presently uncompleted segment of Knuth Road, running north from the Lake Worth Drainage District L- 25 Canal to its present terminus. It is the intention of the parties that this roadway segment not be opened for use by the Public until such time as the wall is constructed and it is further contemplated that the cost of building the wall will be included in establishing the amount of any bond or other security to be posted with the City of Boynton Beach in conjunction with road construction." 2. Agreement paragraph II.A. (4) (b) shall be modified to read as follows: "~0nstruction of the following masonry wall segments, which Shall' occur contemporaneously with the construction of the wall segment referred to in subparagraph II.A. (3) above and: .". 3. Except as modified hereby, the Agreement remains in full force and effect. STONEHAVEN HOMEOWNERS ASSOCIATION, INC., a Florida corporation its: President D~te: ~ I~ lCe~ / ! .. BILL R. WiNCheSTER 2