Loading...
Minutes 07-02-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 2, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order aft 6:36 p.m. B. Invocation T~e invocation was offered by Reverend Conrad Braaten of Ascension Lutheran Church. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Commissioner Titcomb. D. Agenda Approval 1. Additions, Deletions, Corrections Under Item IIA, Vice Mayor Jaskiewicz added the resignation of Paulette Tordvia from the Nuisance Abatement Board. She also added Items IV.A.3 (Presentation by Senior Advisory Board Re: Transpodation) and IX.D (I-95 Sound Barriers). Since representatives of the Municipal League were not able to attend this meeting, Mayor Taylor deleted Items IV.B.1 and X.C.I. These items will appear on a future agenda. He r~placed Item IV.B.1 with a proclamation regarding Sobriety Checkpoint Week, and added Item IX.E (Update on the Marina Project). MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 MOtion Vice Mayor Jaskiewicz moved to remove the tabled appointments from the table. COmmissioner Bradley seconded the motion, which carried unanimously. Vi[ce Mayor Jaskiewicz asked the Commission's indulgence to fill the vacant position created by Ms. Torcivia's resignation from the Nuisance Abatement Board immediately. M~yor Taylor pointed out that it is not known at this time whose appointment this is until the next agenda comes out, and he did not want to set a precedent. ViCe Mayor Jaskiewicz appointed Gary Chapman as an alternate member of the Nuisance A~atement Board, without objection. C¢mmissioner Tillman appointed Natalie Macon as a regular member to the Community Relations Board, without objection. C6mmissioner Titcomb appointed Ronald Bair as a regular member of the Community Relations Board, without objection. COmmissioner Bradley appointed Dina Carrier as an alternate member to the Community Rblations Board, without objection. Ali other appointments were tabled. M Vi th U[ III 3tion ~e Mayor Jaskiewicz moved to approve the appointments made this evening and table remaining appointments. Commissioner Tillman seconded the motion, which carried ~animously. CONSENT AGENDA A. Minutes 1. Special City Commission Workshop Meeting Minutes of June 13, 1996 N~ additions, deletions, or corrections were made to these minutes. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 2. Regular City Commission Meeting Minutes of June 18, 1996 NO additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget NOne. C. Resolutions Proposed Resolution No. R96-89 Re: Authorize the Mayor and City Clerk to execute a disclaimer for the abandonment of parcels "A" and "B" of portions of Charter Drive right-of-way for Hunters Run Proposed Resolution No. R96-90 Re: Authorize the Mayor and City Clerk to execute a disclaimer for the abandonment of parcel "C" of a portion of Charter Drive right-of-way for Hunters Run Proposed Resolution No. R96-91 Re: Approve the application for Palm Beach County Emergency Medical Service Grant Funds Proposed Resolution No. R96-92 Re: Authorize execution of Agreement between the City of Boynton Beach and Xerox Corporation for the temporary ITS Director services Proposed Resolution No. R96-93 Re: Authorize execution of Agreement between the City of Boynton Beach and South Technical Education Center for the provision of training classes Proposed Resolution No. R96-94 Re: Authorize Agreement between Treasury Law Enforcement Agencies (U, S. Customs Task Force) and the City of Boynton Beach Proposed Resolution No. R96-95 Re: Authorize execution between the City of Boynton Beach and AtIantic Towing for use of donated vehicles 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY2,1996 D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. Authorize records destruction for the ITS (Information Technology Systems) Department This request has been approved by the State. See Records Disposition Request No. 311. F. Approve disinterment of Cemetery Lot 137, Block C Pt~rsuant to Memorandum No. 96-78 from the City Clerk's Office, Claudia Kalitan reguested permission to disinter her father, August Boge, from Lot 137, Block C, Boynton Beach Memorial Park. She also requested a refund, in the amount of $200 (purchase price of $250 less 20 percent) on Lots 136 and 137, Block C, after the disinterment is cdmpleted. MOtion Vi~ce Mayor Jaskiewicz moved to approve the Consent Agenda. Commissioner Titcomb s~conded the motion, which carried unanimously. IV1. ANNOUNCEMENTS & PRESENTATIONS A. Announcements Tunes in Town (TNT) July 4, 1996, 6 - 9 P.M., Boat Club Park, and July 4th Big Blast, 9:00 P.M. Mayor Taylor made this announcement. He stated that Boynton Beach's annual fireworks display is one of the best fireworks displays in the County. They will begin at 9:00 p.m. Welcome the Flame Celebration - July 5, 1996, 6:00 - 9:00 P.M. Boat Club Park - Live Music, Children's activities, food and beverages, Olympians signing autographs Mayor Taylor made this announcement. He believes the torch will pass Boat Club Park bbtween 8:00 and 8:30 p.m. He encouraged everyone to attend in support of our local 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 representatives who will be carrying the flame on U.S. I and in support of the Olympic celebration. 3. Presentation by Senior Advisory Board Re: Transportation Vice Mayor Jaskiewicz announced that the Senior Advisory Board will be making a presentation regarding transportation at the July 16th City Commission meeting. She urged everyone who is interested in continuing the city bus service to attend that meeting. Mayor Taylor advised that the Palm Tran buses were fined $300 for exceeding the weight limit of the Ocean Avenue bridge last week. They can no longer cross the bridge; therefore, people can no longer take the bus to go to the beach. He said if we decide to kbep our local buses, we may want to work that into the program. = B. Presentations 1. Presentation by the Palm Beach County Municipal regarding the School Concurrency Issue and Sales Tax TICs item was deleted from the agenda, to be reschedu]ed in the future. League 1. Proclamation - Sobriety Checkpoint Week - July I - 7, 1996 Mayor Taylor read a proclamation declaring July 1 through 7, 1996 as the City of Boynton Bbach Sobriety Checkpoint Week. 2. Service Awards to City Employees It iwas an honor for City Manager Parker and Mayor Taylor to present the following employees with service awards for their years of service with the city: Special Service Award Mildred Zwart, Relief Clerk, Library (Retired) 25 Years of Service Charles C. Frederick, Recreation & Parks Director Carolee J. Kdbs, Administrative Assistant I, Engineering Peter H. Versen, Life Guard II 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 20 Years of Service Joseph L. DeMarco, Lieutenant, Fire Department Marion R. Depasquale, Secretary II, Police Department Frederick D. Ireland, Water Distribution Supervisor Michael Munro, Bureau Support Services, Administrator, Police Dept. 15 Years of Service Dennis Flushing, Firefighter III Vernetha Green, Buyer, Purchasing Department Charles T. Kuss, Sergeant, Police Department Mark P. Ladd, Automotive Mechanic II Gary C. Lee, Detective, Police Department Clyde Milor, Chief Field Inspector, Utilities Marvin C. Razz, Utilities Equipment Operator Richard Ross, Police Officer Michael G. Smollon, Lieutenant, Fire Department 10 Years of Service Jose Alfaro, Planning Technician Robert M. Bayed, Police Officer Deborah Beaver, Clerk III, Police Department David V. Burns, Police Officer Scott Dean, Sergeant, Police Department Milton R. Duff, Building Code Permit Administrator (Retired) Debra K. Dypold, Firefighter Ill Edwin Esteves, Lieutenant, Fire Department Virginia Haipin, Recreation Supervisor III Katherine Hamilton, Crew Leader, Facilities Management Dawn M. Jackson, Clerk III, Police Department Grady Johnson, Foreman III, Sanitation Charles T. King, Police Officer Debra Ann McCabe, Police Qfficer Albert Majors, Recreation Supervisor II Elizabeth Meeker, Lab Field Technician Michael J. Melillo, Code & License Inspector Joanne M. Powell, Customer Relations Robert Ribatto, Foreman I, Parks Department Theresa Rodriguez, Relief Clerk, Library Bernard Russell, Bldg. Maintenance Mechanic II MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Charles S. Smith, Sanitation Equipment Operator IV Archie Underwood, Utilities Maintenance Mechanic II Victor Wooten, HVAC Mechanic II, Facilities Management Mark L. Woznick, Firefighter III City Manager Parker thanked these employees for their years of service to the city. Mayor Taylor recognized these employees who have served the city well throughout the years. He appreciated their effort and years of service to the city. 3. Presentation of Firefighter Olympic Trophy by Firefighter Martin Firefighter Martin was not present; therefore, this item was not addressed. 4. Employee of the Month - June 1996 Ciiy Manager Parker and Mayor Taylor honored Willie Adams as Employee of the Month for setting a positive example for other employees and for the city when he found a checkbook, including cash, and turned it into the Police Department. BIDS NOne. Vi. PUBLIC HEARING Project Name: Quantum Park/PID/PCD Center Applicant requested continuance to July 2, 1996 Agent: James G. Willard, Esquire Owner: Quantum Associates Location: 13.93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description: Land Use Element Amendment/Rezoning: Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commemial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 At this time, Mayor Taylor advised that a new policy is being instituted this evening to try to shorten the meetings. He asked the presenters to try to limit their comments to eight minutes and to cover only the pertinent issues. He pointed out that the Commission has extensive backup on all the projects. Mr. Cherof advised that the following items on the agenda are quasi-judicial hearings: Quantum Park land use element amendment/rezoning Quantum Park master plan modification Woolbright Place PUD master plan modification Citrus Park PUD master plan modification Quantum Park PID use approval Hb also advised that the record this evening will consist, at a minimum, of the documents in ithe Commission backup package. If there are other documents that anybody wishes to h4ve made part of the record, they need to be identified to the clerk, and a copy left with thff clerk. If there are any Commissioners who have had contact with any of the applicants fo~ these items, they need to identify that particular contact for the record. A! this time, everyone who intended to testify this evening was sworn in by Mr. Cherof. M~tyor Taylor advised that some months ago, he spoke with representatives from Quantum wl~en they were originally thinking about bringing these three parcels into the Quantum PIE). He also received a call from Anna Cottrell today, asking if he had any questions in repard to the Woolbright Place project. Commissioner Titcomb advised that he was contacted by Michael Morton a few weeks ago wilh regard to the Woolbright Place project, and he has had limited contact with the Qbantum people. J~mes Wiilard, the attorney for Quantum Associates, stated that there are three items dffaling with Quantum that are all related on the agenda this evening. He asked if he could address the PID use approval (Item XIII.C) at the same time that we have the public h~arings because it is a related item. The Commission had no objection to this. Mi. Willard said the primary application before the Commission this evening deals with an ar nendment to the Quantum Park DRI. There were three specific objectives that Quantum A:;sociates tried to accomplish with the DRI amendment. There were three lots within Q antum Park, Lots 80, 81 and 82, that were never part of the DRI. These three lots are 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 located just south of Gateway Boulevard at 1-95. Mr. Willard displayed the existing approved master site development plan, dated October 28, 1994, for Quantum. This was adopted by the City Commission when the high school deal came through and the southwest quadrant was approved for the high school site. That was the last significant change to the development plan. Mr. Willard also displayed the proposed master site development plan dated July 1, 1996 and informed the Commission of what he is trying to accomplish with this plan. He is trying to; bring the three lots into the Quantum Park DRI. He stated that at the time the high school was included, a transportation analysis of the operating characteristics of the intersection at Gateway Boulevard and Park Ridge Road was required. At that time, the COmmission requested that this intersection be analyzed because a portion of Park Ridge BOulevard would be abandoned when the high school was built. Therefore, there was a concern about the operating characteristics at this main intersection. That was the focal point of the transportation study. Another objective was to reconfigure and relocate the approved location of some commercial uses within Quantum Park. There previously were commercial uses on the lots around Quantum Lakes Drive. We are proposing to identify the area outlined in red on the chart (primarily along 1-95 and near the intersection of Gateway and Park Ridge) which would be acceptable for commercial uses. In the course of the discussions with the Regional Planning Council and the city staff, we have identified maximum intensities of development for different land use categories within Quantum that were contained in the o~iginal DRI application in 1984. At the request of the city and the Regional Planning COuncil, these maximum intensities have been reflected on the plan as follows: industrial use, including research and development, approximately 4,400,000 square feet; commercial, including any hotel rooms, would be limited to a maximum of 426,888 square feet; and office at 1,685,772 square feet. Mr. Willard was seeking approval of commercial uses as permitted uses within these lots, ini addition to the existing office and industrial uses, up to the maximum threshold of the 426,888 square feet, including any hotel rooms. He was aware of the concern that the acreage may be absorbed by that amount of square footage. After further negotiation with city staff, particularly Carrie Parker, he agreed not to exceed 29.7 acres, approximately 30 acres, of commercial land use, in addition to the proposed office CarMax site, which is p~oposed for lots 77, 78, 79, and 80. That takes into account the originally approved aOreage plus the three lots that are coming into the DRI. He also agreed to abide by the aCreage limitation of 426,000 square feet, which he thinks is adequate to accommodate e~pected development demands for commercial uses in this area. Since the entire park 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 is :zoned PID, each specific use has to go before the Planning and Development Board and the City Commission. Therefore, the previous commercial uses that were approved will be known, including what they look like, how they fit it, and how the character of the park is developing. He believed that if it is developing in a positive manner, the city wilI be accommodating more conditional commercial uses, if required, in the future. Mi. Willard advised that the plan dated July 1 st incorporates all the changes requested by the Regional Planning Council. He referred to the transportation analysis. He advised that he has received approval letters and consensus from the DOT, the County, and the Regional Planning Council with respect to the study that was submitted, which identifies a series of improvements that will be necessary to the Gateway/Park Ridge intersection as development occurs within the park. As those levels of trip generations trigger, improvements will have to be made (additional right turn lanes and left turn lanes). It is abeady a signalized intersection, but at maximum build out, there will be dual left turns and a dual right turn. Those improvements are identified in the proposed ordinance, as well ag different trip generation thresholds. He believes all the other agencies have signed off on that. At the city's request, he also sought the rezoning of the three lots that are coming into the DRI, which were previously zoned planned commercial development. He stated that since the rest of Quantum Park is PID, it would be appropriate to zone these three lots PID to be consistent with everything else in Quantum. Because of the concern that recently arose regarding inconsistency with the underlying Comp Plan designation, he is identifying the lots as approved for commercial and office use only, which he believes eliminates the necessity of a Comp Plan amendment which would have to be sent to Tallahassee and be approved by DCA. It is a long and tedious process and conflicts with the request this evening to have the DRI amendment, since the DRI amendment has to be consistent with thie underlying Comp Plan designations. Therefore, by eliminating industrial, he felt the necessity for the Comp Plan change is eliminated. The last thing before the Commission this evening is the PID use approval. Because of thee zoning classification, every use of the lot coming into the city has to go through the use approval process. A CarMax dealership is proposed to be located on the four lots that are o¢lined in yellow on the plan. CarMax is a relatively new concept offered by Circuit City s!~)res. Mr. Willard introduced Jim Thornton of Richmond, Virginia, who explained the CarMax dealership. d, [. Thornton stated that Circuit City saw the used car business as an area that had a great ,al of potential for a retailer who had experience in making customers happy and giving 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 them what they want. The car business has, in some cases, developed an unsavory reputation with customers as not being sensitive to customers' needs. Circuit City saw an opportunity to offer customers a wide selection of late model cars with a quality that Circuit City stands behind with warranties and a product the customer can trust. This is offered in a very Iow key, dignified, Iow pressure environment. The customer experience is designed to be as close to going shopping for a refrigerator or a stove as Circuit City can make it. To that end, the CarMax developments are designed to look more like shopping centers than used car lots. All the tinsel, searchlights, and high pressure salesmen are taken away. Customers can go through the entire process without talking to a salesman until the end if that is what they want to do. The development reflects that type of Iow keYed, dignified approach. It tends to be a very Iow impact development for the community. The traffic generated by a CarMax development is generally a quarter to a third of what a retail development on the same site would generate. Water is recycled on site, so the utility usage tends to be very Iow. At the same time, the development generates a substantial amount of benefit for the community. He expects the CarMax to generate between 125 and 150 jobs. The median income will be between $25,000 and $30,000. There will also be a significant tax generation from real estate taxes, sales taxes, and license taxes. There is also a ripple effect throughout the community since CarMax offers a wide selection of cars. It cannot possibly stock all the parts for all the cars that it offers for sale, so it relies heavily on local vendors for tires, batteries, and parts. That ripple effect on the local economy would be in the neighborhood of about $1 million. He felt the CarMax development fits in well. It is a Iow impact, attractive development, and provides significant impacts for the city. He pointed out the four lots on which the CarMax development will be located. Mr. Willard stated that the ordinance is the operative document that changes the DRi. This becomes part of the DRI development order. The ordinance reflects all the recommendations of the Planning and Development Board and staff. Mr, Willard proposed the following changes to the proposed ordinance: On page 3, in paragraph number 2, the date was changed from June 11th to July 1 st to reflect the date of the new plan. Paragraph number 4 was deleted. This paragraph simply reflects a designation on two lots, which was a mistake. It has been changed and shown on the plan now. Two lots were sold to the high school and should have been marked as government and institutional. That correction has been made, and since this plan is incorporated by reference as an exhibit, it does not need to be in the text of the agreement. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 In paragraph number 5, he agreed with Ms. Heyden's recommendation to change "building permit" to "site plan", which puts the provision of the traffic information a little earlier in the approval process. 4. Paragraph 6 was deleted. On the face of the plan, we were requested to reflect the section of Park Ridge Boulevard that would be abandoned once the high school is built. It is shown in cross hatching, and we had inadvertently extended the cross hatching a little past the cul-de-sac on the south side. It was not intended to close public traffic to that cul-de-sac. That was simply an error when we did the original plan. It has been pulled back, which eliminates the need for paragraph number 6. Reword paragraph 7(c) to state "strongly encouraged" instead of it being a mandatory requirement. M~. Heyden was pleased that Mr. Willard agreed to reduce the commercial acreage. She aCked if that includes a reduction in the location of the commercial or if he is still asking for the option on all 86 acres. Mr. Willard said he is still asking for the option on all 86 acres. City Manager Parker advised that the three lots that are coming into Quantum Park are 13.93, and the lots that are being utilized for CarMax are 17.11, or a difference of 3.18 additional acres if paragraph 7(c) is reworded as Mr. Willard suggested. MB. Heyden wanted this to be a requirement, especially on Gateway Boulevard, and that a comprehensive landscape plan be devised with the Treasure Coast Regional Planning C0unc~l, who frequently provides this service for free to cities. She would like this done pdior to the first site plan submittal. Ciiy Manager Parker pointed out that one of the difficulties is that Quantum does not know who is going to come in on what lot. They have to come in for use approval prior to submitting a site plan. For example, if they come in with a lot and a use on Gateway Beulevard, the Commission can require additional landscaping if they feel it is needed for that particular use. Mr'. Willard strongly objected to doing a landscaping design package, especially with the R~gional Planning Council, for unknown uses. He said landscaping is an important component of how it looks when you drive by on 1-95 or when you drive along Gateway Bculevard. He agreed, as the Planning and Development Board had recommended, to 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 enhance the landscaping and show it on the site plans as they are submitted to the city on a case by case basis for any commercial use in this area. Commissioner Bradley mentioned the perimeter greenbelt. City Manager Parker advised that Mr. Willard is referring to the traffic along Gateway Boulevard. Mr. Willard stated that the 1-95 frontage specifically creates the issue of the peripheral greenbelt; however, that isnot the intent of this particular paragraph. Mr. Willard reiterated that he would be happy to address the landscaping characteristics o¢ those particular lots as they come in for site plan ap'proval. To try to create standards in advance, not knowing the nature of the use, how tall the building is going to be, what the setbacks are going to be, and what you are trying to buffer or not buffer, is extremely difficult. You wind up with standards that are meaningless and very hard to apply on a case by case basis without substantial waivers or variances when the user comes in. MS. Heyden said that is like saying you cannot have a landscape code in the city until you know what uses are coming in. She felt you can plan ahead. The people who do this for a living are very familiar with this kind of work and can do this so it is not onerous and is not a problem for each use as it comes in. Treasure Coast Regional Planning Council, as part of this DRI, does not look at the local issues as we do. It is up to us to see that we are protecting ourselves and our city. They have offered this service. They have done this for other cities. It is something that can be done ahead of time. We are not going to get the continuity that we are looking for with our planned districts if we wait and do it on a lot by lot basis. Mr. Willard said them is a landscape code. We are talking about enhanced landscaping, something over and above what the landscaping code already requires. Quantum Park has a very expensive lush landscaping plan all through the park, through the medians and along the rights-of-way. The standard has been established there that at the very minimum, it is going to be maintained and probably increased for commercial uses that would otherwise be visible along Gateway Boulevard. He did not think there is a basis to be concerned about a deficient level of landscaping associated with the quality of the project and the price that people are going to pay for the ability to locate on these lots. 6. Delete paragraphs 8 and 9. Mr. Willard said that information is reflected on the plan. The plan would have to be slightly changed to reflect the 30 acre limitation on commercial. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Vice Mayor Jaskiewicz asked where the hotel site would be. Mr. Willard said there are five lots that are designated for hotel usage. Vice Mayor Jaskiewicz asked if small commercial establishments could be put in instead of a hotel site. Mr. Willard answered affirmatively. C!ty Manager Parker advised that Mr. Willard has offered to limit the commercial to 30 acres, in addition to the CarMax, anywhere in that location. For example, if a Shell station came in on the corner and the City Commission did not want to approve that use, they could deny it when it comes in for use approval. Mr. Willard added that there is still a site specific approval process that we have to go through on every single lot, regardless of what is done this evening. City Manager Parker advised that Mr. Willard agreed not go with the whole 86 acres. Mir. Willard said that is correct. It simply identifies the boundaries of the area where commercial would be permitted. Vice Mayor Jaskiewicz asked if the area that was originally set forth commercial will continue to be commercial. Mr. Wiliard said, "No". The deletion of paragraph 8 was acceptable to Ms. Heyden. However, she advised that there has not been a revised traffic study. Greg Stewart from the Department of COmmunity Affairs in Tallahassee was present to discuss his concerns with the development order. Ms. Heyden understands that although they agreed to it, it has not been revised yet in a traffic study, which would need to be done prior to the development order being approved. With regard to paragraph 9, Ms. Heyden said she has not seen the revised master plan, bdt will take Mr. Willard's word for it. Reword paragraph 11 to state as follows: The sewage lift station serving Park Ridge Boulevard shall be upgraded at Quantum's expense at such time as development generates sewer flow in excess of the lift station capacity as reasonably determined by the Utilities Department. Mi. Willard recognized that, depending upon the level of development, we may exceed the caPacity of that particular lift station, in which case it has to be expanded. City Manager Parker asked Mr. Willard if he realizes that it may not be actual flow. It may be permitted om planned capacity which would necessitate an upgrade. Mr. Wiilard answered al firmatively. The revised language was acceptable to Ms. Heyden. 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Ms. Heyden stated that an unexpected issue arose on Friday, and we struggling with how to deal with it. We were looking to change the zoning and the land use of the acres that are being added to the DRI from PCD to PID. The problem with dropping out the land use amendment and going forward with the rezoning is that this zoning category is not allowed under the current land use. Therefore, in order to change the zoning to PID, you would need a corresponding land use amendment. We have not discussed whether we want to exclude industrial as an option on those lots. Ms. Heyden recommended that those not be excluded because of their locations, and for the same reasons that she has concerns wi~h additional commercial being added. Right now, if we drop the land use amendment application, there is no corresponding application to change the PCD master plan and the uses that are allowed on that application. The DCA would entertain an expedited review of this land use amendment. Ms. Heyden believed this could be worked out; however, the three parties involved would have to discuss this. Mr. Willard did not believe the Comprehensive Plan amendment is necessary if the three lots are designated as commercial or office. There are three levels of regulatory control over this project which the city has available to it. The future land map has very generic designations of different areas of the city, and the zoning code specifies particular zoning categories within which there are all kinds of permitted uses and prohibited uses. On this project, it is a DRI. So in addition, the development order requires a master site development plan. For reasons unbeknownst to him, the original master plan for Quantum had extremely specific uses designated on every single platted lot which has continued to be a problem to this date because it makes flexibility almost impossible. It is very constraining to how you market the property when you have a site specific plan that designates each and every lot for a particular use. That is why we are proposing that some of these lots be changed. We are trying to achieve a certain level of flexibility. You cannot amend a development order in a DRI to a land use inconsistent with the underlying Comprehensive Plan. Zoning does not matter. So if the underlying Comprehensive Plan designation for these three lots is office and commercial, which is what we were told they were, then by eliminating the industrial land use category on the master plan, we are now consistent with the underlying Comprehensive Plan because the development order for the DRI, by this plan, limits it to commercial and office. Mr. Willard said he talked to Jim Snyder of the Regional Planning Council today, and Mr. Snyder is satisfied with that and does not feel that a Comprehensive Plan amendment is necessary. Ma. Heyden said the problem is the land use is office/commercial, not office and commercial. We have a separate category called local retail commercial that would allow th~ kinds of uses Mr. Witlard is talking about. Therefore, it is not allowed in the current ladd use. She explained that the current designation is office and Mr. Willard is proposing 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 to add commercial in addition to office. Last Friday it was office/industrial/commercial. Now they are asking to drop the industrial, and City Manager Parker suggested dropping the commercial designation as well to solve this problem. Mr. Willard stated that for the last 10 years, three lots were zoned planned commercial diStrict. He asked if that has been inconsistent with the underlying Comprehensive Plan designation. Ms. Heyden said it has not been inconsistent because the master plan that governs that PCD allowed for office use, not commercial use. She said there are no uses inthe PCD. It is governed by the master plan. The master plan required for a DRI is more conceptual than the master plan that we would require for a planned district. She spoke to;the Treasure Coast about this on Friday. She said maybe it is time for us to break apart the two master plans so that when Mr. Willard wants to add a land use and move it around, it is done locally as a master plan amendment instead of by a notice of proposed change. She explained that Mr. Willard has had a lot of frustration during the past couple of years that he has been involved in this project because this master plan is very detailed. It is mere detailed than a regular DRI master plan because the zoning district for Quantum Park requires a master plan. She discussed this problem with Treasure Coast and they told her about other DRIs in which there were similar problems. They wrote into the development order the splitting apart of the two master plans so that there is a DRI master plan that would have the maximum acreage and square footage on it. Then you would have the local master plan that would show where all the uses are located. When there is a change to that, it would come through the local process only as a master plan modification and a notice of proposed change would not have to be flied with the State. Mayor Taylor asked how long this process will take. Ms. Heyden advised that it can be aCded into the development order that the Commission will be approving two weeks from now. City Manager Parker advised that an amendment could be made between first and second reading of the ordinance. M)'. Stewart did not believe amendments could be made between first and second reading. Therefore, first reading would have to be postponed until the development order is amended. He said this would allow time to clarify some other issues of concern between the local government, the Regional Planning Council, and the Department of Community A[fairs. Mi. Willard was not aware of these other issues. Mr. Stewart said he has not received the letter from FDOT. Mr. Willard advised that it has been issued; however Mr. Stewart said it heeds to be in hand. He hopes that resolves a lot of the issues w~th the transportahon b~cause that was the biggest State concern. The second issue was with the flexibility with 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 the land uses and the square footage. Looking at the new land use map, he could tell that at least what we had talked about on the telephone was done, including tying the hotel into the acreage. However, he said Vice Mayor JasWewicz brought up a good point regarding where that hotel site would be. Since you have it flexed into all of the actual square foptage of the commercial, it could actually wind up at any location. There are different trip generation rates, and he was not sure what Treasure Coast and Maria Palumbo's review of the transportation plan said. Therefore, there are some issues that need to be resolved. City Manager Parker asked Mr. Stewart if he could provide the standard State language tol spht the two master plans so we could insert it thru evening instead of making the amendment change between first and second reading. Mr. Stewart asked for a recess so all the parties involved could discuss this matter. Mayor Taylor opened the public hearing. Henrietta Solomon, 230 N.E. 26th Avenue, stated that there was much discussion in the past about used car dealers, and they are not wanted in Boynton Beach. Lee Wische, 1302 S.W. 18th Street, said for six years this acreage was zoned industrial ahd they could not get anybody in. He said the consensus at the visions conference was a§ follows: Create a more user-friendly government structure, especially for Code Enforcement and Zoning divisions. Develop a task force to determine how to encourage businesses to locate in Quantum Park. The current development approval process is not flexible enough to attract future development. The City Commission and other boards also need to be more flexible in their attitude toward development. The city must streamline its permitting process to accommodate economic development and might study other cities considered user-friendly by the business community and apply their techniques to Boynton Beach. A task force could be set up to review the development codes. Mir. Wische asked if we are here to help or to hinder. M~arshall Friedland, 330 N.E. 26th Avenue, spoke about how difficult it is to change in~lentured land, land nailed down so tightly that the development of the land cannot follow 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 a natural flow. He stated that Circuit City is an honest company that does as they say. They have an excellent track record. He felt this new concept of merchandising used automobiles is exciting, and pointed out that this land has laid vacant for years. He felt this project will beautify the land and generate dollars and jobs for our community. NO one else wished to speak. Miayor Taylor summarized the discussion thus far. With regard to the land use, we are ta. lking about bringing three other parcels into Quantum Park and changing the land use and zoning. With regard to designation of commercial/industrial/office, the applicant is asking to move commercial lots to another area and designate it commercial. We also have to consider the CarMax proposal. He said the traffic issue needs to be settled. Another concern is landscaping. The applicants want 7(c) of the proposed ordinance to be reworded to state "strongly recommended" instead of "required". There is also a question of whether the landscaping should be done now with an overall plan, or lot by lot. Mayor Taylor said we have approved 30 acres of commercial in Quantum Park. We are taJlking about adding another 17 acres with the three lots that are coming in. That would being it up to 47 acres. In his mind, we have increased the allowable commercial by at least 50 percent. He did not object to this; however, he objected to moving all the commercial over to one area all at one time without knowing what is going on that land. He wanted to leave the 30 acres where they are and move them lot by lot. Vice Mayor Jaskiewicz agreed with Mayor Taylor. She was concerned about what could go on those particular tots; however, she had no objection to the CarMax. CDmmissioner Tillman did not have any problems with the CarMax. However, there are miany issues that have to be dealt with in terms of this blanket issue of adding 50 percent of commercial land. He had no problem with additional commercial land, but he would like to know what that land is going to be used for. Cpmmissioner Titcomb was supportive of the mechanisms necessary to get Quantum Park going. However, he was concerned about the concept of rotating commercial use around ini a large area like this. His fears stemmed from the point of meeting a condition that relates to adjacent and contiguous lots to prevent leap frog inclusion zoning. He was supportive of the CarMax concept, and he was supportive of including the new lots to the n~)rtheast into the master plan. However, he was afraid that if wa approve CarMax there, approve another commercial development in the three lots outlined in red on the chart, a~prove another one in the northeast corner, and one in the very south tip of the overall 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 zone, who is to say that a few Commissions from now there will not be an intelligent argument to be had to turn this area into commercial because it is surrounded by commercial. He did not have any problems with giving the Quantum people the acreage they want, or with the CarMax concept; however, his biggest concern is the floating commercial. We need to know what is going in there before we give a blanket floating situation. One other concern he had was with the landscaping and the look of this area. He had a certain amount of faith that Quantum and some of the other companies involved are going to put in very nice landscaping. It is part of their image and their mission; however, he thinks we have a tittle leverage to consider the look of Quantum Park and how it is viewed from i-95 and the city. He referred to the new landscaping going in at the interchanges at 1-95 and at Boynton Beach Boulevard and WooIbright Road and would like similar treatment to be encouraged at Quantum, such as rows of Palm trees that mirror the look that the whole corridor is taking. He would like to encourage that or look for mechanisms that we can marry that to the approvals of the usage of the land. Generally, he gets the feeling that we do not want to see an outparcel haven on this Quantum site. He felt it was possible to find a compromise where we get some overall usage commitments and overall beautification commitments in return for flexibility. COmmissioner Bradley felt the overall vision that Quantum Park was initially begun under, which is an industrial park, is important. He agreed that flexibility is important. He is not opposed to the increase in commercial, but he felt it was important that the overall industrial feel and flavor of Quantum Park stay intact. He pointed out that industry is important to families in terms of providing jobs and a tax base that is different from retail. He mentioned the feeder school concept, which revolved around the idea that graduating seniors might become part of a job pool that would keep them in this community, and their children would end up going to Poinciana Elementary School, etc. He wanted the quality o~ life in Boynton Beach to be high and positive so that people would not relocate. Industry isa key component to that. If we can bring in more companies along the technology lines, he felt we will be doing a great thing. He felt there needs to be a mechanism that will ensure that the commercial development does not happen haphazardly and that there are enough controls and checks in place that will make sure that it happens in a way that is going to make for a good commercial corridor, but at the same time not make things too loPsided in that development. COmmissioner Bradley had concerns about the greenbelt around the entire perimeter of Ql~antum Park. He thinks this is very critical, especially if we are looking at reducing the buffer at 1-95 from 40 feet to 25 feet. He understands the concerns that the applicant has mc. de about there being a 40 foot buffer because there are homes adjacent. However, he pointed out that they are across eight lanes of traffic. He wanted a plan to put the 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 perimeter greenbelt in place, and he wanted it to have native plants. If we are going to reduce it in the area along 1-95, he would like it beefed up in other areas. He also would like to see a mix between some exposure and some landscaping along the 1-95 corridor. He hopes the applicant or staff can come back with other projects along 1-95 that have utilized landscaping effectively, perhaps an understory where you have some low shrubbery that softens the look, and a higher stow of Palms so that there is some exposure and some advertising. With regard to the floating commercial acreage, Mr. Willard stated that since this is a PID zoning classification where every specific use needs to go before the Planning and Development Board and the City Commission, he did not have a problem with not designating any particular lot commercial and coming back with a specific site plan. He would simply note that in addition to the square footage limitation, there is a limitation of 30 additional acres of commercial, the precise location of which is subject to City Commission approval. Mr. Willard said clearly the overall thrust and character of Quantum is an industrial/office/research type park. Despite the commercial development that may occur here, he felt it is ancillary to the primary focus of the park as an industrial opportunity for employment centers in Boynton Beach. Notwithstanding that 30 acres may be commercial some day, he felt there is ample absorption of acreage off this industrial throughout the balance of the park for the foreseeable future. He believed the traffic related issues have been resolved. He also believed the Comprehensive Plan inconsistency issue can be resolved during the break. He said if we can come up with a mechanism to eliminate the site specific uses on the DRI master plan and leave those as purely local issues, that would be great. Mr. Willard had no objection to developing a peripheral greenbelt plan. He stated that there was a need for some clear understanding as to what the periphery of Quantum is going to look like. Clearly, the 1-95 frontage is going to be treated one way. It is not just the eight lanes of traffic on 1-95, but there is a train there as well and there is a difference inlgrade. You cannot possibly see what is on the other side of the interstate. The uses that will eventually be constructed in this area want that visibility. We specifically talked about types of landscaping plans which help identify the character and the quality of the d~velopment so that you see both the landscaped nature of the project and what is on the lots. He believed a combination of that can be proposed in different widths along the 1-95 frentage. It would be easier with respect to CarMax because that is a specific project. It will be a little more generic with respect to the other lots because undoubtedly people will seek variances from it from time to time as specific users come in. However, he felt we 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 could come up with some guidelines that would have to be adhered to subject to COmmission variance on the other 1-95 lots. The other areas that border residential are tothe south across the canal and nothing is developed there right now. To the extent that Quantum Associates still owns a great deal of those properties, a guideline can be put in place. COmmissioner Bradley inquired about the landscaping by the high school. Mr. Wiliard said the School Board owns the high school site and they are exempt from local zoning and other design controls. With regard to landscaping, Mayor Taylor wanted some consistency that encompasses the entire theme of the park, including the area along the 1-95 corridor. He understands that there will be some variations due to some exposure, but there ought to be some sort of consistency to the whole plan. The buildings are probably going to be 20 or 30 feet high, so hedges can be run below so you do not see the cars or the people at the ground level, bL~t still see the signage and the buildings. He did not want to see one person with four Palm trees and the person next to him with nothing. There has to be some sort of standardization. Mr. WiIlard agreed. He said that is only in the best interest of the park. There is tremendous expense and capital investment in landscaping in Quantum today, even though there are not many users there. They certainly want to maintain and enhance that quality as parcels get developed for the benefit and enhancement of the value of the rest of the park. Mayor Taylor agreed, but felt we should give them a little guidance. With regard to the landscaping on Gateway Boulevard, staff wants a plan up-front before anything goes in there. The applicant wants to do it as users come in. Mayor Taylor believes the COmmission is going to be extremely stringent on the appearance along Gateway B6ulevard when it comes to landscaping. If the applicant is willing to exceed the landscape cede, he will work with him on a site by site basis. However, once the first site gets in and sets the standard for what we want there, then the others who come in are going to have to comply with that. M~yor Taylor asked how the Commission feels about approving the landscaping as users come in. Vice Mayor Jaskiewicz concurred with the site plan approval for each particular one as it is developed. Commissioner Tillman would like to see some consistency. When yclu drive down Gateway Boulevard, you see a lush green area and he would like to cqntinue to see that, in addition to development. Commissioner Bradley agreed that we c~n trust Mr. Willard to do the right thing. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 At this time, the parties involved in the Quantum projects left the Chambers to discuss the outstanding issues, and Public Audience was dispensed with next. VII. PUBLIC AUDIENCE Paul Pfenninger, 4085 Floral Drive, said he is the spokesperson for the property owners who live north of Gateway Boulevard and south of Sausalito Place. He said Sausalito PI!ace has blocked all their drainage and their homes will flood. He stated that Sausatito issued the property owners an ultimatum. They wanted them to sign a letter of agreement stetting that they would put pipes in but that they would not guaranty that the pipes will work. The property owners would not sign the agreement. City Manager Parker advised that Floral Drive is in the County. Sausalito Groves was permitted in the County and then the city annexed them after the property was already permitted in the County. It was permitted to County standards, which are very similar to city standards in that no water from Sausalito goes onto Mr. Pfenninger's property. The problem is that the homes located on his street are older homes basically in the middle of tho orange grove. Their water was draining onto Sausalito. The letter that Mr. Pfenninger distributed was an attempt by the developer to assist the homeowners. The developer has met all the criteria to hold his own water on his own property. The homes on Floral Drive do not have any drainage because they are older homes. There is no drainage available to them. When Sausalito went through their engineering, they realized that these homes were draining onto Sausalito and once Sausalito was developed, these homes would no longer have anywhere to drain to. Therefore, their own water is going to stand in their own homes and flood their own homes. In an effort to assist these homeowners, Sausalito agreed to put in an 8 to 10 foot drainage pipe at no cost to the homeowners. City Manager Parker read the following from the developer's letter: We think this will help you address your drainage situation; that it will give you a method for some of the water to drain off. We are not engineering a drainage system for your street. Therefore, we do not guaranty any level of drainage will be achieved. -~-,~ City Manager Parker said the residents did not want this drainage pipe installed. The COunty Engineer and the developer s engineer have venfled that the water is not coming from Sausalito. At this point, unless the developer is still willing to put in this pipe, the reimedy for these homeowners is either to ask the County to install some drainage improvements on their street, or to install some drainage improvements at their own cost. 23 MINUTES CI~I'Y COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Mayor Taylor advised that he spoke to County Commissioner Warren Newell about this problem and asked him to see if he can help the homeowners. Mr. Pfenninger said he has been in touch with Commissioner Newell's office and nothing has been resolved. Mayor Taylor pointed out that it has only been one week since Mr. Pfenninger has brought forth this problem. He believes Commissioner Newell is contacting the Engineering Department tosee what can be done. Mayor Taylor will follow up on this matter and keep Mr. Pfenninger apprised. However, he encouraged Mr. Pfenninger to keep the pressure on the County also. Jean Grady, 1633 N.E. 2nd Street, complained of her neighbors practicing voodoo rituals on her property to drive her off her property. This has been going on for over four years. She called the police on numerous occasions and was told that her neighbors have the right to practice their religion. She has had blackbirds put in her doors. Her neighbors walk around her property at night pouring urine around her property. They have taken stones from her property. They drive over the stones that she has around her lot. They drive up iniher yard. Every morning the men stand outside facing the sun and urinate. When they come home in the evening, they face the sunset and they urinate. Mayor Taylor advised Ms. Grady that the city will look into this matter. Mayor Taylor declared a recess at 8:50 p.m. The meeting resumed at 9:05 p.m. Item V!II.A was discussed next. VIII. DEVELOPMENT PLANS Project: Agent: Owner: Location: Description: Woolbright Place PUD RECONSIDERATION Brett Nein - CCL Consultants, Inc. Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and S. W. 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 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Anna Cottreil, a planner, represented this application. She thanked the Commission for reconsidering this item, which was previously before them in May. She asked the Commission to make a finding of an insubstantial change for the modifications that are being proposed for the master plan for this project. The substance of it is a change from multi-family, which was approved, to single-family. Some of the conditions consequentially have changed. She asked the Commission to send this to the Planning and Development Board for approval of the change. She said we went through about 60 conditions that were recommended by the staff. She understood that the Commission's finding of substantial or insubstantial change will be subject to the conditions. She advised that we have worked through most of the conditions and have made a good effod with the staff to resolve most of the conditions before coming to the Commission. However, there are three issues that still present some problems which would adversely impact the feasibility of this project. One condition relates to the requirement to do sidewalks on both sides of the street. One condition relates to the required right-of-way for the local streets within the project. She asked for approval for a 40 foot street width, and 50 feet was recommended. She also asked for a reduction in the buffer width along the north property line of the project. The applicant would still like a reduction in the buffer, sidewalks on one side of the street, and a 40 foot street width. Ms. Cottrell stated that we have met with some of the neighbors. We sent 24 letters to adjacent property owners. Clearly, the ones most impacted by this project are the ones immediately adjacent (Lake Boynton Estates). We received telephone calks from 10 people, eight of whom indicated a favorable response for the change from multi-family to single-family. We also received five letters back in response, four of whom indicated that they would support the proposal for the change to single-family. The neighbors who indicated their support told us that they felt their property values are much better protected being adjacent to a more compatible, similar type of development, namely, a single-family p(oject. Kennedy Homes has made a lot of concessions on this particular project with re!spect to the design layout and the proposed buffering. The essential issue is whether o¢ not the neighbors are better served by having an adjacent single-family project than a multi-story, multi-family rental project. This particular pod, with the change to single-family, will make a nice transition to the mbltiple family that is already approved south of this pod. The 10 foot buffer is adequate. It is a good plan that offers both a spacial separation, a visual separation, and a sound buffer from the existing development to the north. In our review since the last time, there islan opportunity to reduce certain other areas now devoted to either lots or buffers on other parts of this project where we can increase that to 12.5 feet. With regard to the 25 M~NUTES CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 b~ffer, she now concurred with staff to increase the quantity of the planting and the size ofithe material at planting. M~S. Cottrell said she looked at Vice Mayor Jaskiewicz' recommendation to relocate the relcreation pod closer to the interior. Looking at all the design considerations, she came up with a very significant loss in the number of lots that this property will yield if it is moved. She also felt that it would affect more homes if it is moved closer to the interior; however, she said the intensity of the recreation facility that was proposed can be reduced. She offered to eliminate a couple of the facilities. The pool and the cabana or tot lot will remain, but there will be considerably more distance between the recreation facility and the existing h6mes, and more green space. Vice Mayor Jaskiewicz pointed out that the homes that would be affected are the homes in that particular neighborhood, not in adjacent neighborhoods that do not have use of the facility. She said it is desirable for someone wlqo buys a home to have a pool next to them. However, if it is adjacent to your property and you have no option to use it, then it is a handicap. Ms. Cottrell stated that the location that was selected for the pool and the reduction in the size and intensity of the recreation area eliminates any adverse impact on the immediately adjacent property. Only a small portion of what was proposed as the recreation area will now be used for that. Therefore, there are not adversely affected existing residences that will be adjacent to the pool. Vice Mayor Jaskiewicz believes three homes are adjacent to it. Ms. Cottrell felt she has addressed many of the concerns. She said when the project was explained to the adjacent property owners, they indicated support for this change from multi-family to single-family. Single-family is more compatible with their development and property values. The reduction in the buffer width will make this project feasible. Without the reduction of the buffer width and some consideration on the width of the roads, the lot yield on this, the number of homes that can be built on this pod, is reduced so as to not be feasible. No developer will do a single-family project when he is faced with the costs and reduced land area. Mayor Taylor asked if the homes along the north buffer are one or two stories. Ms. CottrelI said Kennedy Homes would prefer to offer their whole range of products to buyers; however, they have agreed to limit the homes to one story on the north side. CCmmissioner Tillman asked if the residents who have responded to Ms. Cottrell's letter arp present this evening. Ms. Cottrell did not know if they were present, but she was willing to read their names into the record. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Mayor Taylor asked if the buffer is still going to be 10 feet. Ms. Cottrell stated that by squeezing in everything south of the north property line, we can achieve another 2.5 feet, so we can increase it to 12.5 feet. It is not going to make a difference in the quality of the p~oject. At 12.5 feet, with the type, quantity, and size of the materials, it is a very good buffer because it is going to accomplish everything that it is supposed to. Widening the buffer with the same quantity of materials is not going to accomplish anymore and would have an adverse consequence because this buffer has to be, according to the conditions, the responsibility of the homeowners' association. It takes land out of what would otiherwise be available for rear yards and puts it into a common area that has to be maintained by all the property owners at their cost. Mayor Taylor asked if the additional 2.5 feet for the buffer is coming out of the yards of the houses on the north. Ms. Cottrell said the 2.5 feet is coming out of several other areas, but net the rear yards on those particular lots. Mayor Taylor asked where the 2.5 feet is coming from. Rick Wohlfarth of CCL Consultants said looking at the north end, we looked at the lot d~pths going from south to north and we found we had an additional 2.5 feet available. So, in!essence, this street moved 2.5 feet further away, and not only did the buffer increase by 2.5 feet, but the lot depth on all the northern lots increased by 2.5 feet. What is showing here today as 110 feet of depth will now be, under this proposal, 112.5 feet. Mayor Taylor a~ked if that includes the buffer. Mr. Wohlfarth answered affirmatively. Mir. Wohlfarth also stated that the house was showing a 25 foot setback, but because of the additional buffer, it will now be 27.5 feet. Therefore, the houses will be further away, aCd the lots will be larger. Vice Mayor Jaskiewicz asked what happened to the sidewalk that were supposed to be on both sides of the street, as agreed to at the last meeting. Ms. Cottrell said this is one of thie three items that she would like to revisit. Vice Mayor Jaskiewicz said this is probably where the additional space came from. Mr. Wohlfarth said the 40 foot width and all the stireet rights-of-way stayed the same. He pointed to the set of lots from which the aCditional space came. Mayor Taylor asked if the center lots were reduced. Mr. Wohlfarth answered afflrmabvely. He sa~d some lots were 100 feet and some were 105 feet, so e had extra footage there. However, we had to limit how far we could shift it because at a cbrtain point, you started closing off the area where the lots are very tough to get into. Mayor Taylor asked him if he reduced the 105 foot lots to 103 feet. Mr. Wohlfarth said they were reduced to 102.5 feet. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Ms. Cottrell asked the Commission to reconsider their condition related to the street rights- of-way. She said Mr. Hukill's understanding of the code is that 50 feet is required. She asked for a reduction of that to 40 feet, through the PUD, which is allowable. She stated that from an engineering standpoint, 40 feet is adequate, does everything we need it to, provides the ful~ pavement width that is needed for two lanes, and drainage is accommodated in the sidewalks. She asked the Commission to reconsider their requirement to do sidewalks on either side o! the street. Mayor Taylor asked why. Ms. Cottrell said this is essentially an aesthetic issue. She said sidewalks function on both sides of the street or on one side of the street. If you reduce it, you reduce the amount of paving so you have some grassed area available for swales and the appearance of open space. The street does not function any differently with sidewalks on two sides in this size of a development than it does with sidewalks on one side of the street. Mr. Wohlfarth felt one side is sufficient and that the g~een area would be a better took. However, if the Commission insists, he agreed to the additional four foot walkway. Mis. CottreH stated that the developer has seriously considered the concerns of the residents and the Commission, and has taken a good look at this from a design standpoint and from what we know to be the market standpoint. She appealed to let this project happen for single-family homes. It was her opinion that the compatibility issue between the multi-family and single-family is resolved with this change. She asked for enough room to make the project feasible. She said with the conditions that have been presented, it is not feasible. Mayor Taylor open the floor to the public. Nancy Worrell, 712 S.W. 4th Avenue, said 4th Avenue backs right up against this PUD and she was very much opposed to reducing the buffer. She distributed a petition which she s~id was from 90 percent of her neighbors, who oppose reducing the north PUD buffer. She said people moved into that community for privacy and would like to maintain that. Mayor Taylor asked her if she would prefer the multi-family versus the single-family in this configuration. Ms. Worrell was in agreement with whatever has to be done to keep the 25 foDt buffer. Commissioner Bradley pointed out that the buildings that they are talking about putting up would be much higher, thereby reducing privacy, depending on where the wiindows are situated. Ms. Worrell stated that considering the noise level, etc., she would mUch rather keep them as far away as possible. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Lisa Waters, 709 S.W. 4th Avenue, opposed the reduction of the buffer. She said what is being proposed is very different from Lake Boynton Estates. She desired a physical and visual separation from this project. Mayor Taylor inquired about the width of the frontage on her lot. Ms. Waters advised that it is 60 feet. Vlnola Rada, 719 S.W. 3rd Avenue, asked Ms. Cottrell for the names of the five people who she said she received letters from in support of this project. RObin Hanna, S.W. 3rd Avenue, was concerned about a road being built through his quiet nbighborhood which does not have through traffic at this time. The roads, which flood when it rains, and the lighting on S.W. 3rd Avenue need to be upgraded. The proposed recreation center is adjacent to his property and he said the children from his neighborhood a~e going to find a way to get into that center because they do not have one of their own. MCtyor Taylor asked him if he preferred multi-family if they cannot move it back. Mr. Hanna said he prefers single-family homes. However, he did not want a right-of-way through S.W. 3~d Avenue. Gary Lehnertz, 619 S.W. 2nd Avenue, was disappointed to see this back on the agenda. He expressed concern about the residents' quality of life and standard of living and felt the applicant is back because he did not get everything he wanted three weeks ago. Mayor TSylor advised Mr. Lehnertz that the Commission said they would reconsider this project if !he applicant could come to an agreement with the residents. Mir. Lehnertz said the people he has spoken with do not feel they have a choice because th~ applicant is going to end up getting what he wants anyway. The perception is that if thee applicant wants something, he can just keep coming back. He stated that the applicant has refused to do what every other developer has done in this city in terms of giving us full site plans and a full master plan up-front. He pointed out that when the original buffer was a~lreed to, the preliminary plans had single-family homes in this area. He stated that the al t¢ si S~ f~ b~ )plicant said no developer could p,[operly develop this area with single-family homes and 25 foot buffer. That translates to, We are not going to make as much money as we want make". He asked the Commission to the listen to the residents. He said we can have ~gle-family homes and the buffer. The original plans had a 25 foot buffer and a 60 foot ;tback. If the city were to hold the applicant to those original plans, there would be 85 et before they could build anything. ary Ann Fornataro, 718 S.W. 4th Avenue, said the proposed pool would be in her tckyard. This is the third time that she appeared to say she wants a 25 foot buffer. She 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 would also like the city to hold the applicant to the original plans. She said when she purchased her house, she was assured there would be a 60 foot setback. Carol Fretwell, 713 S.W. 3rd Avenue, said this has been brought up under the guise of reconsideration based on the views of the neighbors. She has yet to see any evidence of this. She questioned the good faith of the applicant. She pointed out that an agreement was reached at the last City Commission meeting on this project. RObert Reardon, 648 S.W. 4th Avenue, lives in the house directly adjacent to the buffer in question. He said he has worked for Kennedy Homes. He put in about 500 or 600 hemes as an excavator. They are cookie cutter homes. They are trying to squeeze as many homes as they possibly can in there, if the multi-family is going to look similar to the multi-family that they have already built by Home Depot, and it is going to be 65 feet away from his property, he would rather have that than the single-family cookie cutter homes behind his house. M~rgaret Roberts lives in Leisureville. She expressed concern for the people who live in Lake Boynton Estates. She said her house is on that road and the traffic is already terrible. ROy Essery 118 S.W. 8th Court, felt the 42 foot frontage is going to be too small. He felt there should be a minimum frontage of 50 feet, and the buffer should be kept the way it was. Ed Waters, 709 S.W. 4th Avenue, said if there is not enough room for two sidewalks, then m~ybe we are trying to cram something into this space. He was very concerned with the 25 foot buffer. He preferred single-family, but if it takes multi-family, he preferred the buffer. He was also concerned about the recreation area. He questioned the minimum number of multi-family units or single-family homes. With regard to the buffer that would be adjacent to the lot by the pool, Ms. Cottrell stated that this buffer is 25 feet. There will be a fully landscaped 25 foot buffer between that area a¢d the pool, and there will be sufficient screening and sufficient spacial separation. With regard to the developer's attempts to get everything he wants, Ms. Cottrell stated that th~ developer has made very significant compromises in the program originally conceived ini order to address the concerns of the city staff, the residents, and the Commission. When you ask a developer to limit the selection of his project, what he can sell to his pqtential buyers, that is a very significant issue. He has agreed to limit the homes on the north side of this project to one story. He has agreed to some other design areas. For 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 example, he has agreed to put the buffer in all at one time. Those are very expensive considerations. This design is contemporary. It has been successful in other places, and it meets a market demand. The question before the Commission is whether or not this development is appropriate in this particular area, and Ms. Cottrell felt it is. She said there hSs been no misrepresentation by the developer, and he has made a very conscientious effort to deal with all the conditions that have been recommended. Ms. Cottrell stated that this evening, several people said they prefer single-family. With these added considerations (the increased street and buffer width), she was willing to withdraw the request to do the sidewalks on just one side. Therefore, we are down to just two issues. She felt it is still a good design and a good product. Ms. Cottrell stated that many of the comments this evening have been spoken with a great dbal of emotion. She said she spoke to a number of homeowners. Those who called did net want her to use their names because they felt their support for this project would create difficulties for them with their neighbors. She said Kennedy Homes has made a very s ncere effort to create a good design and a good product. From a land use standpoint, she felt it is an appropriate level of intensity and an appropriate design. She felt it ought tel be approved the way it has been presented with all the compromises that the developer has agreed to. Vice Mayor Jaskiewicz stated that at the last meeting, she made it clear that she would never agree to this project if the recreation center has an adverse impact on the s~rrounding communities. She said there is a section in the land use regulations that deals with this. No PUD should have a negative impact on a surrounding area. There is p~actically no buffer, other than the sidewalk, in the recreation area. At the last meeting, she suggested a way to solve this problem by eliminating two homes, increasing the width, and decreasing the depth to allow for the buffer. That suggestion has not been followed thlrough; therefore, she cannot support this project. Cbmmissioner Tillman did not see any change. If the developer was being a good neighbor, there would be some constructive change, and he would put in the 25 foot buffer and respond to the issue of the recreation area. He said the pool almost sits on the road and is adversely going to affect the neighborhood. He could not support this project. Cpmmissioner Titcomb felt the 25 foot buffer was important. He has not seen any cieativity to redesign this project. He said the Commission asks developers to make concessions on a regular basis. That is part of the process. He saw nothing significant or n.;w to change his mind about this project. Since he did not have a consensus of all the r( sidents and city staff, he could not support this project. 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Commissioner Bradley would have liked to seen more concession in the area of the buffer. He would have preferred a single-family project; however, he respected the neighbor's desires. Mayor Taylor was concerned about the pool being close to the adjacent development. What he heard tonight is that people supported this because they preferred single-family over multi-family. He pointed out that they were not asked about the buffer. Also, to get the 2.5 feet, the applicant has cut some of the lots, and they are already small enough. Michael Morton appreciated the Commission's reconsideration of this project. He disagreed with Gary Lehnertz. He said the neighborhood has spoken and he has heard a consensus against single-family and the 12.5 foot buffer. He thanked the Commission fol' giving him the opportunity to go back to the neighborhood. He said he will come back wiith a plan with another design in the future. Ms. Cottrell withdrew this application. A'~ this time, the parties involved in the Quantum Park projects returned and those items were discussed next. Vi. PUBLIC HEARING Project Name: Quantum Park/PID/PCD Center Applicant requested continuance to July 2, 1996 Agent: James G. Willard, Esquire Owner: Quantum Associates Location: 13.93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description: Land Use Element Amendment/Rezoning: Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID MS. Heyden advised that an agreement was reached to proceed with the land use element amendment/rezoning. Therefore, we need an action to transmit this to the Department of COmmunity Affairs. The only change is the use as office rather than commercial. 32 MINUTES CIiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Mr. Willard said the reason we are going forward with that is because it retains consistency with the underlying Comprehensive Plan. We can bring those three lots into the DRI, but we are going to simultaneously submit a Comprehensive Plan request to DCA to change it from office to industrial. Ms. Heyden advised that we will process a subsequent development order to change it back to commercial. There are also two staff conditions in Exhibit D that are still applicable. One pertains to the pump station upgrade, and one pertains to the traffic. Until we have FDOT's comments, the latter condition needs to remain. With regard to the comment regarding the pump station upgrade, City Attorney Cherof advised that even though this was incorporated in the ordinance, the comment still needs to be included. It will end up being satisfied immediately upon the adoption of the ordinance if that language is changed. MOtion COmmissioner Titcomb moved to approve, subject to the conditions in Exhibit D, and also th~ condition that the use on the master plan for these lots be changed to office. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. B. Project Name: Agent: Owner: Location: Description: Quantum Park PID James G. Willard, Shutts & Bowen Quantum Associates West side of the intersection of Interstate 95 and Gateway Boulevard Master Plan Modification: Request to amend the previously approved PID master plan in connection with an amendment to the DRI to add 13.17 acres (the PCD Center subdivision) to the PID boundaries and change the use designation from office to commercial/industrial use, add the option of commercial use to the existing use designated for lots 65A, 65B, 66, 67A, 67B, 67C, 68A, 68B, 69, 70, 72, 73A, 73B, 74 - 79, 83 - 85 and 91, and change the use designation of lots 58, 59, 60 and 61 from commercial to industrial/research and development/office See discussion under Item VI.A. 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Ms. Heyden stated that all the points discussed this evening have been worked out; except for the floating commercial. We agreed to a maximum of 47 acres; however, 83 acres are still shown on the master plan. Mayor Taylor wanted the commercial moved when projects come in. Mr. Willard stated that there is only one master plan right now. We have proposed an area of approximately 80 acres within which we could have 47 acres of commercial. By adding the 30 acres maximum in the notes, we have the assurance that even though we have commercial identified as a permitted use, it is maxed out at 30 acres. Mayor Taylor asked why Mr. Willard wants to show 83 acres. Mr. Willard agreed to designate six or seven lots that add up to 30 acres and put in the note that at the discretion of the City Commission, the location of commercial lots could be reconfigured, subject to City Commission approval. City Manager Parker said if Mr. Wiilard identifies 30 acres around the CarMax, the Commission could approve or disapprove specific lots for commercial as users come in. Commissioner Bradley asked if it is necessary to designate the commercial lots this evening. Mr. Willard did not think so. He said the existing plan shows all the commercial lots on Quantum Lakes Drive. The only permitted use is commercial. If we move the commercial, we have no other permitted land uses on those lots. City Manager Parker advised Mr. Willard that we can add the land uses on those lots this evening. He proposed to leave the designation of those lots in red as commercial with a notation saying that the location of the commercial can be reconfigured subject to City Commission approval. He said it is difficult to market lots on 1-95 or near this intersection. He hoped the CarMax would be the catalyst that would promote some commercial development along 1-95. Mayor Taylor had no objection to letting Mr. Willard put 30 acres of commercial where he wants to, but he did not want to see 80 acres of commercial on the plan. Mr. Willard dbsignated the following lots as commercial: 81,82, 91,67B, 65A and B, 64 and 63. He said he will delete the reference to commercial from all the other lots. The previously designated commercial lots will be designated as industrial and office. A notation will be added about the flexibility of moving the commercial around, plus the limitation of a total ofi 47 commercial acres. Dgring a discussion with Mr. Stewart and Ms. Heyden, he noted that there is a discrepancy inithe reference to the square footage on industrial. Therefore, he proposed to reduce the square footage from 4,443,120 to 2,784,354. The reason for that is that it reflects square fo~otage attributable to the acres that wound up being included for the high school site. In 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 order not to alter the vested trip generation that we have in Palm Beach County, we will add a line saying that the vested trips for the project shall remain at 63,752. Mr. Willard advised that at Mr. Stewart's request, he agreed to add Treasure Coast Regional Planning Council and the DCA to the end of paragraph 3, section 2 of the ordinance. If the intersection of Park Ridge and Gateway were to exceed 2,300 peak hour triPs, it would require further approval by the city, the Treasure Coast Regional Planning Council, and the DCA. Also, the ordinance would reflect the amendments that he discussed in his earlier presentation. MOt on COmmissioner Bradley moved to find that the proposed changes do not constitute a sQbstantial deviation under Florida Statutes, that no further DRI review is necessary, that thie revised master plan does not constitute a substantial change, and that an amendment to the development order, which is the ordinance on tonight's agenda, be issued subject roi the revisions that Mr. Willard discussed with the Commission. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. City Attorney Cherof read Proposed Ordinance 96-33 by title only. MOtion COmmissioner Titcomb moved to approve Proposed Ordinance No. 96-33 on first reading. C~mmissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. viii. DEVELOPMENT PLANS C. Project: Agent: Owner: Location: Description: Quantum Park PID James G, Willard Quantum Associates West side of the intersection of Gateway Boulevard and High Ridge Road Use Approval: Request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used and new car sales on commercially designated lots within the PID 35 MINUTES C!ITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 See discussion under Item VI.A. Motion Vice Mayor Jaskiewicz moved to approve the request to amend the list of permitted uses fdr the Quantum Corporate Park PID to allow used and new car sales on commercially designated lots within the PID, subject to staff comments. Commissioner TiIIman seconded the motion. In response to Mayor Taylor regarding the specific lots, Ms. Heyden advised that this specifically refers to lots 76, 77, 78, 79, and 80. Mis. Heyden advised that Mr. Willard and she have agreed to delete Planning and D~velopment Board comment number 2 on Exhibit G, which reinstates comment number 7 of the staff comments. This pertains to the issue Commissioner Bradley brought up regarding the greenbelt. They have agreed to turn in that greenbelt comprehensive plan piior to the site plan approval for CarMax in the event the site plan comes in before 90 days. In that case, City Attorney Cherof stated that comment number 2 would be rejected. Vice Mayor Jaskiewicz restated the motion. MOtion Restated Vi~ce Mayor Jaskiewicz moved to approve the request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used and new car sales on commercially d¢signated lots within the PID, subject to staff comments. Commissioner Tillman seconded the motion, which carried 5-0. Ciity Attorney Cherof thanked Mr. Stewart for coming from Tallahassee to this meeting. Project: Agent: Location: Description: Citrus Park P.U.D. RECONSIDERATION James A. Hamilton III - CCL Consultants East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Master Plan Modification: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non- zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback on lot 32 from 8 feet to 7 36 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. Richard Wohlfarth of CCL Consultants asked for confirmation of the Commission's decision regarding the pool enclosure and the pool setbacks. Mayor Taylor stated that the COmmission had approved those items. City Manager Parker stated that we gave them administrative approval so that they could move ahead with their closing. Since Commissioner Bradley was not present at the last meeting, Mr. Wohtfarth explained that a surveyor discovered that one of the buildings, which is already constructed, was erroneously staked. As a result, it is off 8 feet. The lots on the property are currently 55 feet. He asked that two lots be reduced to 51.14 feet, and that the 15 foot side setback be reduced to 11 feet. He pointed out that in many places throughout the City of Boynton Beach, a 10 foot separation between buildings and 50 foot lots are very common. Without this variance, he would be stuck with a unit that cannot be built. Mr. Wohlfarth said he looked at the lots and the existing houses, and the separation going from 15 to 11 feet can only be seen from the street line if you look real hard. Pointing to a location on a drawing which was displayed, he offered to do heavy landscaping (trees and hedging) in cedain areas to soften the situation. He offered to commit to a certain dollar amount of landscaping ($500) per separation. ViCe Mayor Jaskiewicz asked if the existing homes are two story. Mr. Wohlfarth said there is currently a two story unit and a one story unit. Commissioner Bradley asked if there is any exposure for us. City Attorney Cherof said this is kind of odd because treating this as a master plan modification is really an aberration. The Commission has only dealt with this type of deviation from a master plan once before that he was aware of, and we recorded an acknowledgment that the deviation existed, but that the city was waiving its right to enforcement to compel the destruction of the building because it was a deviation. It was not processed as a master plan modification. He did not think that treating it as a master plan modification increases any liability that the city would have as opposed to treating it the way the Commission did about four or five years ago. He said it is just an odd way of doing it. Commissioner Bradley asked what our exposure is aside from the style of accomplishing this. City Attorney Cherof thinks it is minimal, if any. 37 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Commissioner Titcomb asked if it is incumbent upon the developer to inform the buyer of this house that it is an aberration. City Attorney Cherof cannot believe that the buyer of the house does not know from a survey and title search that it is not in compliance. Mr. Wohlfarth stated that the buyer of Lot 22 is aware of this and has accepted the modification. Commissioner Bradley noticed that the minutes of the last meeting reflected some discussion about precedent setting. He asked the City Attorney if we would be setting a precedent. City Attorney Cherof did not think the Commission would be setting a precedent. He said this is such an unusual circumstance. City Manager Parker advised that she has another one pending the outcome of this one. She said Nautica has a small "z'I lot problem on one of their lots. She stated that when you do a subdivision of 300 or 400 homes, it is not that unlikely that you are going to have one survey error somewhere for a few feet in that subdivision. Usually if it under six inches or so, we do not bring it to the Commission. Mr. Wohlfarth hopes that by the end of the month, 50 pement of the units will be sold. He understands that if approved, this would be a one time deal as far as it relates to this particular project. MaYor Taylor asked how many units the project consists of. Mr. Wohlfarth stated that there are 113 units at this time. Forty-seven are closed and 87 are sold. Since the buyer is aware of this and Mr. Wohlfarth is going to put in extra landscaping and reduce the height of the building, Vice Mayor Jaskiewicz was in favor of suppoding this. Motion Cqmmissioner Titcomb moved to approve this item subject to staff comments and the limitation of the one story home on Lot 23 with a one-time conditional request for this sit[~ation only and the additional landscaping offered by the applicant. Vice Mayor Ja~kiewicz seconded the motion, which carried 3-2. Commissioner Tillman and Mayor Taylor cast the dissenting votes. 38 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 IX. NEW BUSINESS A. Items for discussion by Commissioner Henderson Tillman Designate one Commissioner per week or month on a rotation basis for attendance at ceremonial events Commissioner Tillman suggested that in the near future we implement this rotation system. He pointed out that three or four commissioners attend some events, and perhaps their services could be utilized elsewhere. Commissioner Bradley thought this was an excellent idba and dovetails along with the suggestion he made about six months ago whereby each Commissioner, on a rotation basis, try to hook up with each newspaper's editorial board. ViCe Mayor Jaskiewicz thought is was a good idea also. She thinks it gives more positive exposure to the entire Commission. Mayor Taylor pointed out that the Office of Mayor is really the ceremonial office of the COmmission and people expect the Mayor to attend events. Also, he did not think any member of the Commission should decline an invitation just because it is not their turn to atiend. However, he felt this system could be implemented with regard to neighborhood asisociation meetings. City Manager Parker added that about 60 to 70 percent of the requests are for the Mayor only. COmmissioner Titcomb agreed with Mayor Taylor. He said the City Manager's Office se~ms to do a fairly good job of notifying the Commission about events and responding for the Commission. He encouraged the City Manager's Office to continue that system and make sure all events are covered. He preferred to be informed about every event and to go! to as many as he can. Consider request from Klm Weber & Donna Mellone to close SW 27th Place between SW 6th Street and SW 8th Street to hold a block party on July 4th City Manager Parker advised that staff recommends approval. If approved, the street will be closed between 5:00 p.m. and 10:30 p.m. 39 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 MOtion COmmissioner Titcomb moved to approve this item. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. C. Request authorization to apply for Department of Justice Police Grant Pursuant to City Manager Parker's July 2, 1996 agenda memorandum, the Police Department has been contacted by the Bureau of Justice to inform us that the city is eligible for a grant of $156,753. There is a 10 percent matching requirement, and a requirement that an advisory board be appointed to make a recommendation to the City Commission as to the use of these funds. MOtion C~mmissioner Bradley moved to approve this item. Commissioner Titcomb seconded the mbtion. Vi~e Mayor Jaskiewicz suggested utilizing the Nuisance Abatement Board as the advisory board. City Manager Parker advised that this advisory board will probably only meet once or twice, and that we could convene the Nuisance Abatement Board and put this on their agenda. Mayor Taylor asked Police Chief Marshall Gage for his input. Chief Gage believes the criteria is very specific in terms of where we draw the members cfi this advisory board from. We have to draw them from various portions of the community. He believes we have the latitude of utilizing the members of the Nuisance Abatement Board; however, he wilI check the criteria. Clty Manager Parker will send the criteria to the Commission within the next week so that th~ey can be thinking of possible candidates. The appointment of this advisory board will b~ placed on the August 6, 1996 City Commission agenda. The motion carried 5-0. 40 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 D. 1-95 Sound Barriers Vice Mayor Jaskiewicz said she read an article in a newspaper with regard to Boca Raton requesting an additional sound barrier for one of their developments. She stated that the need for that sound barrier is not as critical as the need for the one in Boynton Beach. She said Boca Raton may present a resolution to the Metropolitan Planning Organization, and she suggested we send them a letter stating that we do not want any further construction of the sound barrier until they complete the Boynton Beach segment. COmmissioner Bradley advised that the noise walls have been built from south to north. He does not think any influence was exerted. He advised that there is very specific criteria for noise walls and if a community does not qualify, they are not going to get one. Vice Mayor Jaskiewicz stated that last year we were told our sound barrier would be started within a year. Now she has heard that it will not be started until 1999. COmmissioner Bradley said we are on the list and he believes that this project is going to be kicked off in the next couple of months. He has a call into DOT and will probably get aB update at the next MPC meeting. In response to a question posed by Mayor Taylor, Commissioner Bradley advised that everybody on the east side is on the list, and nobody on the west side is ever going to get a sound wall. E. Update on the Marina Project Mayor Taylor advised that he met with Mr. Garcia, Dale Sugerman, and William Hukill last F~iday. He informed the Commission of the options presented by Mr. Garcia. Mr. Garcia isiwiliing to proceed with the project himself under the old concept that he had, with a few m~odifications. Mr. Garcia wants to develop the downtown in four phases. Phase I would bb the seven acres (the Marina Project). He has two or three restaurants that are ready toI go. There would be no light tower and he would take out his old marina and put in a new f .acility. He envisions 12 to 15 apartments and office space over the restaurants and retail snops. He wants a dry storage building of about five stories. There will be retail shops on one side of the dry storage. Mayor Taylor said he talked to Mr. Garcia about the concern that a big tin structure is going to be sitting in the middle of our downtown. Mr. Garda said thee inside would be tin, but the outside would be a New England fishing village type facade, the same as the restaurants and the retail shops. He would do the entire complex in a N~w England village style, not bricks, mortar, or stucco. 41 MINUTES CITY COMMISSION MEETING BOyNTON BEACH, FLORIDA JULY 2, 1996 Another option would be to sell the property to the city and take the bonds back with no payment for the first year or two, however we want to structure it. We could let the interest accrue, and if we want to look for a developer, Mr. Garcia would hold the paper on that. However, if he did, he would want $3 million. The third option is to sell it to us for cash in the range of $2 million. ViCe Mayor Jaskiewicz asked if Mr. Garcia would consider substituting the dry storage with housing. Mayor Taylor did not believe this was negotiable. He said Mr. Garcia believes the dry storage will generate traffic. COmmissioner Bradley said he was previously opposed to the dry storage; however, he believes it might generate traffic. He would like some information on boat storage facilities. He pointed out that dry storage structures are placed on the most expensive real estate; therefore, they must have done a fair amount to make them look good in certain places. He would like to see some examples of howthey can be done well. He suggested locating it back a little from the water in a way that we might be able to maximize the space closest to the water. City Manager Parker displayed plans showing the facade of the dry storage facility. Vice M~tyor Jaskiewicz asked if a time frame was discussed. Mayor Taylor advised that M!r. Garcia said he could start the permit process within 60 days. COmmissioner Titcomb did not want the city to bond a site like this. He thinks our monies a~e better spent elsewhere. He pointed out that there is quite a big difference between $2 miillion and $3 million. He felt it is incumbent upon the owner to develop it, or sell it and let someone else develop it. He said he has been contacted by constituents and private individuals who are interested in this site. He was in favor of Mr. Garcia starting the process. It would be appropriate and conducive to what came out of the visions process toi move forward on this style of concept. He felt staff would do a good job of monitoring thee conditions and the aesthetics and all the various things as the project moves forward. Miayor Taylor said Mr. Garcia will be asking the city to be supportive of his requests for pbrmits from the County and DERM. He said Mr. Garcia also felt that once we got the infrastructure started, that we would be in a better position to apply for other types of grants toi redo our downtown. Mayor Taylor will ask Mr. Garcia to make a presentation before the COmmission. 42 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 X. LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. R96-32 Re: Amending the land development regulations to provide for a restriction on the ~ocation of communication towers (Second reading deferred to July 16, 1996) Attorney Cherof recommended withdrawing this ordinance and sending it back to the drafting table. He thinks we can add some enhancements to this ordinance, expanding the tower concept back into the industrial zoning district at a minimum and still preserve the integrity of the original concept, but broaden the base for these towers a bit. This requires an ordinance with a new title on first reading. M~yor Taylor said he communicated with representatives of the tower communications industry and they were very concerned that we were being too restrictive and that we may be placing ourselves in a position to be sued if we restrict this. He said they feel it ought tolbe allowed at least n ndustrial also. ViCe Mayor Jaskiewicz asked if we could put this in the ordinance as an option if we cannot adcommodate them on public property. Mayor Taylor said we could; however, they could giye us any kind of technical reasons why they cannot put them on public land, and we would have to hire an expert to see if that was correct. Vi~e Mayor Jaskiewicz stated that they might then wheel and deal with the private sector. Mayor Taylor pointed out that we do not have much industrial land in Boynton Beach aOyway. He thinks they will put them on our public and recreation areas because they are not going to have many locations in industrial areas to put them. We have much more p~blic and recreation land than we have industrial. Cbmmissioner Bradley said he spoke to some members of the industry as well and they s~id the industry is interested in dealing with municipalities because we have the legal e~pertise and we know how to do it. He thinks that for the most part, they are going to be Io~king to us, but they also want to be able to make sure that they can put them where they n~ed to put them and legally they will go after us if they need to~ to make sure that their rights are guaranteed. 43 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 ViCe Mayor Jaskiewicz asked if there would be space limitations. City Attorney Cherof said the concept is that it would still be treated as a conditional use. Therefore, all the safeguards of conditional use review are intact. Mayor Taylor pointed out that it is easier for them to come to us than to go to industrial because it would be a one step process. If they go to industrial, it is a two step process because they still have to come back to us. Commissioner Tillman thinks a lot of these issues are part of the telecommunications law. HA noticed that there have been several seminars on that at the League of Cities. He said we might want to look closely at that. He has been doing some research on how the telecommunications law will deal with municipalities. He thinks the direction we are going in~ in being restrictive, is the right direction. He said the companies know the municipalities ar~ gaining new power and new authority in terms of being restrictive in controlling their airways. He felt we are moving in the right direction, but we need to gain a little more insight in terms of how the new law affects the city. Mbtion C~mmissioner Titcomb moved to strike this from the agenda. s~cond the motion, which carried 5-0. B. Ordinances - 1st Reading Commissioner Bradley Proposed Ordinance No. O96-33 Re: Amending the previously approved PID master plan in connection with an amendment to the DRI, Quantum Park PID see Item VI.A. Proposed Ordinance No. O96-34 Re: Amending Internal Revenue Code for Police Pension C ty Attorney Cherof read Proposed Ordinances O96-34, 096-35, and 096-36 by title only. 44 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Motion COmmissioner Titcomb moved to approve Proposed Ordinances O96-34, 096-35, and 096-36 on first reading. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 096-35 Re: Amending Internal Revenue Code for Fire Pension see Item X.B.2. Proposed Ordinance No. O96-36 Re: Amending Internal Revenue Code for General Employees Pension See Item X.B.2. Proposed Ordinance No. O96-37 Re: Rezoning - Community Development Corporation (CDC) City Attorney Cherof read Proposed Ordinance No. O96-37 by title only. MOtion COmmissioner Bradley moved to approve Proposed Ordinance No. O96-37 on first reading. Commissioner Titcomb seconded the motion. A roll call vote was polled by the Ci!ty Clerk. The motion carried 5-0. 6. Proposed Ordinance No. O96-38 Re: Land Use Amendment - Community Development Corporation (CDC) C!ty Attorney Cherof read Proposed Ordinance No. 096-38 by title only. MOtion Vi~e Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-38 on first reading, C0mmissioner~ Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 45 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 C. Resolutions Proposed Resolution No. R96- Re: Authorize the City of Boynton Beach to adopt the position of the Palm Beach County Municipal League, Inc. with regard to the School Concurrency Issue and Sales Tax This item was deleted from the agenda and will be rescheduled to a future date. Proposed Resolution No. R96-96 Re: Authorizing the issuance of its not to exceed $13,000,000 multi-family housing mortgage revenue bonds, series 1996 (Clipper Cove Apartments) for the principal purpose of refinancing a portion of the cost of acquiring, constructing and equipping a multi-family housing facility to be owned and operated by C/HP Cove, Inc. Ci~ty Attorney Cherof read Proposed Resolution No. R96-96 by title only. C in b, al is a] p~ )mmissioner Titcomb was concerned that this particular bond is apparently not an ~ured bond and carries the name of the City of Boynton Beach on it. This concerned him ;cause we are looking at $13 million with a final maturity that shall not exceed 40 years ~d shall not exceed 8 percent interest rate. That is going to be roughly $33 million. This a lot of money that we are putting our name onto in an uninsured situation. He asked lout the liability involved to the City of Boynton Beach. ark Raymond of Moyle Flanigan, the city's bond counsel, stated that these bonds are Cable from the revenues derived from the Clipper Cove Apartments project. The bonds secured by a mortgage on that project. The revenues of the City of Boynton Beach are pledged and are not available to be used to pay the debt service on the bonds. B~)nd insurance is basically a promise from someone guaranteeing the debt service on an issue of bonds. For instance, with regard to the city's water and sewer bonds, the city p~ cruises to pay back the bondholders from water and sewer system revenues. If the city el=~cts to purchase a policy of bond insurance, that policy says that in the event the city fails t¢ pay the bondholders back as they have promised, the bond insurance company will pay ti' bondholders back and acquire their rights to go after the city. The bond insurance c~ ~mpany will then become the owner of the bonds and will go after the city. The fact that ti- ere is or is not bond insurance is not relevant to the default by the City of Boynton Beach in his example. All that is relevant is who is and who is not paid. Bond insurance does 46 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 nothing to protect the city. The city pumhases bond insurance policies for its debt usually because it obtains a lower interest rate on the debt. When a bondholder knows that it has a bond insurance company standing behind that debt, it is not so concerned that it may not be repaid, so it is willing to accept a lower interest rate. Every time we do a bond issue for you, we look at the premium that is going to be charged by the bond insurance company. W~ also look at the debt service that the bonds would bear if they were not insured, and the debt service that they would bear if they were insured. We can calculate the value of that difference, and as long as the cost of the bond insurance premium is less than the savings that you realize as a result of the reduced interest rate~ we buy the policy. That isthe only reason we buy it. Mr. Raymond said the city is going to pay back its bondholders. Ciiy Manager Parker added that if the city was able to get a AAA bond rating, which is what we get when we buy the insurance, strictly on the strength of our own revenue and expenses, we would not buy bond insurance because we would already have the top raking. However, we cannot get that on our own'. That is why there is an interest rate differential and why we buy the insurance. Mr. Raymond added that it is no reflection on the City of Boynton Beach that it has not been able to achieve an AAA rating. There is no municipal or governmental issue of debt inithe United States that has a AAA rating. He believes there is only one municipality in the United States that has even a AA rating, and that is Palm Beach. Aisc, Palm Beach County has a AA rating. Commissioner Tillman asked what part of the $13 million is for administrative costs. Mi. Raymond said this resolution is not to exceed $13 million. By analogy, the water and sewer resolution that he presented a couple of weeks ago was not to exceed $30 million. The actual size of the bond issue was $23 million. We use "not to exceed" figures so that wb do not have to come back to seek an increase in the authorization. We always pick a nQmber that is way in excess of what we think we will need. The actual size of the bond is§ue, based on the numbers that he received today, is just under $11.5 million. That figure has a number of components to it. The original purchase price of the property from th~ RTC was $9.3 million. Assuming we use an $11.5 million bond size as a star~ing point, thiat leaves roughly $2.2 million. Of the $2.2 million, $186,000 is being paid to the city. Since the last meeting, CHP Cove agreed to pay the city the $186,000 representing the 2 percent brokerage commission that we were unable to get from the RTC. For the sake of completeness, we had hoped that we would be able to get CHP Cove to agree to pay the city's financial advisor fees that were ~ncurred over the last couple of years, which amounts roi approximately $28,000. CHP Cove felt that in light of their agreement to pay the 47 MINUTES CI~I'Y COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 $186,000, the city ought to pay the financial advisory fee. Therefore, in effect, we are netting approximately $158,000. However, $186,000 is coming out of that $2.2 million. In addition, $1,400,000 is being set aside as reserves for the payment of debt service on the bonds for operation of the project and for unforeseen maintenance needs that may arise. Commissioner TiIIman inquired about the unforeseen maintenance. Mr. Raymond said that is for unforeseen maintenance to the Clipper Cove Apartments. Roughly $400,000 is being placed into a renewal and replacement fund. That money can only be used for major renewals and replacements, such as a new roof that they did not know they needed. They have about $900,000 in case there is a temporary interruption in cash flow that they can use to pay the debt service on the bonds until they can get back on their feet. The debt service reserve fund is no different from just about any bond issue. COmmissioner TilIman asked if the debt service acts as insurance. Mr. Raymond said it isia fund that can be tapped, for instance, if there is a hurricane and everyone moves out ofltown for a week and does not submit their rent checks. The debt service on the bonds is due, so you tap your debt service reserve fund to make the payment. When everybody mbves back to town and submits their rent checks, they go into the debt service reserve fuiqd. The developers, Cornerstone and Housing Partnership, are receiving a development fe~, in the amount of $384,000, for the activities that they have undertaken over the last tv~o years. That comes out of the $2.2 million. Finally, there are costs of issuance. These aria legal fees for title insurance, surveys, appraisals, environmental assessments, and p!inting costs, which add up to $275,000. If you add all of that up, you get to an $11.5 million bond issue. C~)mmissioner Tillman referred to the $900,000 and stated that, in effect, the bonds are n~ured internally. Mr. Raymond said that is correct. Vi~ce Mayor Jaskiewicz asked what the appraised value of the property is. Mr. Raymond ad.vised that an appraisal was done in May of 1995 by the RTC that established the as is vslue of the project of $18 million. Mr. Raymond advised that the bonds will have a 30 year term, not a 40 year term. He u¢~ed a 40 year term so that he would not have to come back to the Commission should th. final maturity date not fall on the exact day we issued the bonds. C ti~ ~mmissioner Titcomb felt 10 years is a big difference. He asked about the projection for e physical life of the property. Mr. Raymond stated that under the Internal Revenue 48 MINUTES CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 COde, the life of the bonds cannot exceed the expected life of the facility. It is not unusual fo~ residential rental properties to be financed over 30 years, in fact, it is the norm. Commissioner Tillman asked if the $900,000 that is maintained by Clipper Cove is interest bearing. Mr. Raymond stated that it is not maintained by Clipper Cove. An independent trustee, The Bank of New York, will receive all of the revenues from the operation of the p~oject. All the tenant deposits and rent payments are required to be paid over to the trustee. The trustee then applies those funds under the terms of an indenture to pay the debt service on the bonds and to pay the operating expenses of the project. The trustee holds various funds in accounts, among which are the debt service reserve fund, the re!newal and replacement fund, the operating reserve fund, and funds for taxes and insurance. The trustee invests that at the written direction of CHP Cove, and the investment income stays within the flow of funds under the indenture. Commissioner Titcomb asked how much money CHP Cove, Cornerstone, and the city are making in gross total. Mr. Raymond advised that the bulk of the $9.3 million is being paid tothe Resolution Trust Corporation to satisfy the note because they provided the purchase money financing. They would not provide 100 percent acquisition financing. Therefore, an entity affiliated with Cornerstone provided the 10 percent balance of approximately $480,000. Those two notes are being paid off with roughly $9.3 million of the bond issue, leaving roughly $2.2 million. Of that $2.2 million, roughly $1.4 million are the reserves. Of the remaining amount, $186,000 is being paid to the city. Two hundred and seventy-five thousand dollars are costs of issuance, which are things that were contracted for both by thD city and by Clip Cove, but are being paid for out of the bond proceeds. Those costs ofi issuance include the fees of the trustee, his firm's fee, the fee of the counsel to the u~derwriters for the bond issue, and the fee of the title insurance company that will be issuing a title policy to insure the mortgage. He was sure the underwriters for the bond issue bid the printing costs out. The official statement is being printed by Packard Press ini Philadelphia. The $384,000 that is being paid to Cornerstone and Housing Partnership as development fees, is being divided up roughly 60 percent to Cornerstone and 40 percent to Housing Partnership. That is compensation for the activities that they have undertaken over the last couple of years, both as a participant in the city's efforts to acquire the property from the RTC, in acquiring the property from the RTC, and in having run it since last December. C!ty Manager Parker advised that Cornerstone and Housing Partnership are nonprofit o~ganizations. Mr. Raymond stated that there are three entities involved in this venture other than the city. Clip Cove Inc., a Florida corporation, Cornerstone Housing Corporation, and Housing Partnership Inc. are all not-for-profit corporations. In addition 49 MliNUTES CIq'Y COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 to '[heir not-for-profit status under the laws of the states in which they were created, all of these entities have been recognized as organizations described in Section 501C3 of the Iniernal Revenue Code. This section describes charitable organizations and provides that if you are an organization described in this section, you are exempt from the payment of Federal Income Tax and contributions to you are tax deductible. This is the same provision of the Internal Revenue Code that describes entities such as United Way, Goodwill, the Gid Scouts, and the YMCA. As a condition to being recognized as an organization described in Section 501C3, an entity must file an application with the IRS setting forth its chiaritable purpose and also providing copies of its organizational documents such as its Articles of Incorporation or Charter. Under the Charter or Articles of Incorporation of any entity that wants to be recognized as described in Section 501C3, certain representations mbst be made, among which is a representation that none of the net income of the entity may enure to the private benefit of any private individual. In other words, all of the income ofl these ventures has to be dedicated to a charitable purpose. Therefore, while Cornerstone and Housing Partnership are going to split roughly $384,000 of the proceeds of this bond issue in compensation for activities that they have undertaken, they are required to use that money for their charitable purposes. Mr. Raymond did not know to what use they may put that money, but it has to be something consistent with their charitable activities. If they violate that covenant, then they face the possibility that the IRS will audit them and will yank their tax exempt status, and they will then be out of business. Commissioner Titcomb noticed a statement of a corporate life date of CHP Cove Inc. of April 1,2000. Mr. Raymond did not know where that came from. He said he reviewed the A~ticles of Incorporation of CHP Cove Inc. and it has perpetual life, which is common for almost all corporations. C~mmissioner Titcomb referred specifically to the State of Florida, Palm Beach County agreement made on March 13, 1995 which specifies an April 1, 2000 five year period ending for CHC and HP, co-developers within Palm Beach County. He was concerned that come April 1, 2000, all of a sudden one of the partners will no longer exist. He asked where this would leave the city in terms of exposure and liability. Mr. Raymond said the city is not entering into an agreement with anyone other than CHP Cove Inc. CHP Cove Inc. is a corporation that is a legal entity under the law of the State of Florida. Under the A~icles of Incorporation of CHP Cove Inc., as they exist today, CHP Cove will have perpetual duration. There is nothing in the law that would prohibit CHP Cove from amending its Articles of Incorporation to provide that it is going to go out of existence. HOwever, under the contracts that Mr. Raymond has prepared as part of this bond issue, CHP Cove covenants that they will maintain their legal existence for the life of the bond issue. That is probably no different than any other contract that the city enters into with any 50 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 other private entity. You always bear the risk that they will default under their agreements. However, if they do, the city is not obligated to repay the bonds. The bonds are payable from revenues of the project and are secured by a mortgage on the project. So if CHP Cove abandons the project, dissolves, or goes bankrupt, the trustee for the bond issue ultimately is going to own that project. They will operate it and find someone to buy it. The bondholders may or may not be paid off. If they are not, they are not going to have any recourse to the city. A default on this kind of bond issue has no impact on the credit rating of the city. Palm Beach Cou0ty routinely issues these kinds of bonds and has experienced defaults on rare occasions; however, it has had absolutely no impact on the ability of the County to issue all kinds of debt. City Manager Parker stated that the agreement Commissioner Titcomb is referring to is the five year management agreement between Cornerstone and Housing Partnership where they define their management responsibilities to each other and their split of the dollars to each other. Mr. Raymond was not privy to that agreement because the city is dealing with CHP Cove Inc. and anything that happens between Housing Partnership and Cornerstone is irrelevant to the obligation that CHP Cove has to the city and the bondholders. However, under the provisions of the Internal Revenue Code, management type contracts that deal with projects that are financed with taxes and bonds are limited to a term of five years. Therefore, he speculated that this is the reason that it is limited to five years. However, it very often happens that when the five year term expires, another five year agreement between the same parties with the same terms falls into place. Mr. Raymond reiterated that Cornerstone and Housing Partnership are not partners with the city and that CHP COve is a stand-alone corporation. Commissioner Titcomb asked if it is correct that money that is put up by Cornerstone or cHP Cove Inc. towards the down payment of this project is repaid to them from the p~oceeds of this bond. Mr. Raymond said that is correct. Commissioner Titcomb said th~n, in essence, they are no longer an equity partner in this project once that payment is made. Mr. Raymond said they will not be the holders of any debt secured by a mortgage on the property. Commissioner Titcomb asked if it would be in the city's best interest to hsve some sort of equity connection. Mr. Raymond did not think this was an issue. He said this project is a stand-alone housing project. The bondholders have a mortgage on th~ project. If Cornerstone is not there, there will be some other manager of housing projects. However, it was inconceivable to him that they would plan to walk away from this prloject. 51 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 City Manager Parker added that the equity in this project is the difference between the appraised value of the project, which is $17 million, and the $11.5 million that we are going toiend up issuing. Mr. Raymond said in terms of loan to value, this project is there. That is why Standard and Poors is going to give it an A rating. You are going to have $11.5 million of debt on a project that was appraised at $18 million in as is condition under a default scenario while the RTC was the owner of the project. City Manager Parker said the $4 million is part of the bondholders' security in the fact that they are holding only $11.5 million on a piece of property worth $17 or $18 million. Vice Mayor Jaskiewicz pointed out that we have worked on this project for a year. COmmissioner Titcomb advised that he had a certain familiarity with this because he was involved with a group that was interested in this project before it was awarded. He said his big concern was just making sure that the city is protected. Mayor Taylor advised that we sat through this process over and over and we brought in experts. We did not go into this blindly. Atso, he pointed out that the city will receive 28 percent of the net profit from this project on an annual basis. By acting as a conduit on this project, the city received close toi $400,000. Also, we had some say about who was going to manage that major facility iniour community. City Manager Parker added that if this property would have gone to the H0using Authority, it would have become tax exempt. We were able to structure a payment in lieu of taxes, so we did not lose our annual tax payment from this property, which is over $100,000 a year. Mayor Taylor stated that we made sure the city was protected backward and forward. Harry Marcus, 650 Horizons East, commended Mr. Raymond for his ability to interpret the bond law. However, he did not think Mr. Raymond's opinions should be accepted with re~spect to the merits of the project. He said bond counsel should not give any opinion with relspect to the viability of any particular project. He stated that there was going to be approximately 6 or 6.5 percent tax free interest bonds. Now the interest on the bonds is 8 percent. City Manager Parker said it is "not to exceed" 8 percent. tb OI r( S; a! rE t? d, r. Marcus said 8 percent is an increase of approximately 25 percent. He stated that if ey were not tax free, it would run between 10 and 11 percent. The city is putting its name $13 million worth of bonds which the public will buy. He was concerned about the city's )utation. The city was originally going to buy this from the RTC. At that time, our experts Lid about $7,600,000 would be the value we would get by turning it over to another ency. He referred to a letter, dated March 14th, addressed to Wilfred Hawkins with spect to the financial viability of Cornerstone. He read portions of that letter which stated at Cornerstone has access to financial resources, has significant financial strength ;riving from its access to a $2 million line of credit and a steadily increasing portfolio of 52 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 properties that generate cash flow and are properly capitalized, and has been able to access additional funds from public and private investors. He said none of the bidders indicated that this would be a one way ride where the city would fund it down to the last dollar. The bidders had financing and wanted to buy the property. He asked why the city wants to finance this project. He said the city does not have to lay out one dollar. He pointed out there were two appraisals of this property. One was for $17 million, and the other was for $7,600,000 plus $400,000 for repairs. City Manager Parker advised that before the city does any bond issue or any financing situation, we look at various structures of financing that are available. With regard to this p~rticular property, we looked at several different options and what the cost of each of those financing options were to the project. This option, with the city issuing the bonds, was the cheapest debt we could get. Therefore, it made the most financial sense not to saddle the project with additional debt service payments more than we had to. MOtion COmmissioner Bradley moved to approve Proposed Resolution No. R96-96. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. D. Other Consider request to appeal the Board of Zoning Appeals May 20, 1996 granting of relief from Section 4.J.2, Chapter 2 - Zoning, of Land Development Regulations, to allow a ten (10) foot high hedge for a length of approximately 620 feet along the northern property line at The St. Andrews Club David Schmidt represented Briny Breezes Inc. in their appeal of the decision of the Board ofl Zoning Appeals to grant a variance to the St. Andrews Club to have a 10 foot hedge al~)ng their north property line. The code provides for a maximum height of 6 feet. The northern boundary of St. Andrews Club is the southern boundary of Briny Breezes, and the nbrthern end of St. Andrews is the golf course. There is a golf hole that runs along that border. At some point after St. Andrews was built, a hedge was planted along that border wi~h the idea that when it grew high enough, it would stop golf balls from going into Briny Bieezes and breaking windows. In 1985, St. Andrews asked for permission to erect a fer~ce over the 6 foot height maximum. They requested a variance which was denied by th~ city. They also planted some Australian pines which have gotten quite big. They were 53 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 cited for a Code violation and in response they requested this variance, which was approved. Don Faron, the manager at Briny Breezes, testified at the Board of Zoning Appeals meeting that there had been a gentleman's agreement between St. Andrews and Briny Breezes to allow the hedge to grow to 8 feet to stop the golf balls from going into B~iny Breezes. Since the Australian pines have grown and the golf course has been re¢onfigured, it is no longer necessary for the hedge to be that high. He asked that the Commission overturn the variance. He stated that according to the code, in order to grant a variance, the board must find that si~( conditions apply. He said St. Andrews has not met three of those conditions. The first cdndition is that the special conditions and circumstances do not result from the actions oflthe applicant. Mr. Schmidt said St. Andrews let the hedge grow to 10 feet and, in some pl~ces, 12 feet. It is obvious that the request for the variance came as a result of their actions, and they do not meet this criteria. The second condition which Mr. Schmidt believes St. Andrews does not meet states that literal interpretation of the provisions of the ordinance would deprive the applicant of rights cc~mmonly enjoyed by other properties in the same zoning district under the terms of the ordinance and.would work unnecessary and undue hardship on the applicant. Mr. Schmidt said at the Board of Zoning Appeals meeting, St. Andrews gave two reasons for requesting thl9 variance. One was that the petition is to allow what is already existing to remain e~isting. Mr. Schmidt said this is not a hardship. Secondly, they requested that the hedge be altowed to remain at the height that it is at now so that golf balls would not go into Briny B~eezes. Mr. Schmidt said if that causes a hardship on anybody, it is on Briny Breezes, not on St. Andrews. Briny Breezes is the one who is requesting that the hedge be maintained at 8 feet, which is what was agreed upon all along. Fihally, W a~ B W tk the board is required to find that the variance granted is the minimum variance that ~uld make possible the reasonable use of the land, building, or structure. Mr. Schmidt Ivised that Briny Breezes is requesting that the variance be granted for 8 foot, not 10 feet. 'iny Breezes contends that this is the minimum variance needed. They are the ones who suffer if that height is wrong, not St. Andrews, because the golf balls will be going onto Briny Breezes property, not the St. Andrews property. Mr'. Schmidt also believed the variance should be upheld because an appeal is to be taken 3Q days after the rendition of the order, requirement, decision, or determination appeal. He pointed out that they were cited on February 12, 1996 and did not apply until March 2~ ~th. 54 MINUTES CI~Y COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 ViCe Mayor Jaskiewicz asked if the hedge is maintained. Mr. Schmidt said Mr. Faron te§tified at the hearing that it has been maintained, although it has been somewhere between 9 and 12 months since it has been last cut. They trim it approximately annually. Mayor Taylor asked why Briny Breezes wants the hedge lower. Mr. Schmidt said the Australian pines have grown and it is the opinion of the management of Briny Breezes that it is the pine trees that are really stopping the golf balls from going into Briny Breezes now, not the hedge. Also, the golf course hole was reconfigured so that the direction you hit off thb tee is not pointing as much toward Briny Breezes. They do not feel that maintaining the hedge at that height is necessary any longer. The height that it is at now, which ranges b~tween 8 1/2 to 12 feet, restricts the sunlight and air flow. Mayor Taylor failed to see how that blocks the sun. He pointed out that depending upon which way the breeze is blowing, it may block some breeze at some point. Thomas J. Wooley, Jr. represented the St. Andrews Club. He said St. Andrews has had a tall hedge for over 20 years. Thirteen years ago there was a complaint by Briny Breezes th~at too many golf balls were going into their property and they wanted 12 foot hedges. SiRce then, we have had 40 foot trees throughout the property. The hedges were put there foi protection and safety with regard to the golf balls, as part of the architectural landscaping for golf courses, and for insurance purposes. The recommendation by staff was to allow us to have 10 feet as long as we remain a golf course for recreational purposes. Mr. Wooley said the issuance of the violation was made at the insistance of a nCnresident of Boynton Beach. This person objected to the tall trees and tried to have an inspector cite St. Andrews for them. However, this is not a violation. Therefore, he turned S1~. Andrews in for the hedge being over 6 feet. Vi~e Mayor Jaskiewicz did not want to reverse the opinion of the Board of Zoning Appeals only to have someone get hurt with a golf ball. M~tyor Taylor felt even 10 feet is not high enough to prevent golf balls from going into Briny BCeezes. He did not see a problem and felt it adds to the property. He pointed out that piior to the hedge being there, there were many complaints and a lot of damage. Mbtion Vi~ce Mayor Jaskiewicz moved to uphold the decision of the Board of Zoning Appeals. C ,mmissioner Bradley seconded the motion, which carried 5-0. 55 MIINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 about $389,000 savings in the escrow, which will be available this month. The $1.8 million will be available in November. With the additional escrow savings, it takes it to $2.2 million. Xlll. OTHER NOne. XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 12:35 a.m. ATTEST: R~c(~rding Secret~try (Seven Tapes) CITY OF BOYNTON BEACH Mayor , ~7 Ace Ma~or ~/ / ~' Commissioner Commissioner..~--~ C,,~s~ioner 54 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JULY 2, 1996 5.1 e COMPAQ .................................................... $ 29,196.00 PO 12037. Computer Hardware Pay From Gert Fund -- 001-211-5-670-02 DON REID FORD ............................................. $ 37,900.00 PO 12026. Two (2) Police Vehicles Pay From Veh Serv Fund -- 501 - 193-5-681-00 ROBERT G. CURR13E PARTNERSHIP INC ....................... $17,554.56 Design Services/Schoolhouse Pay From Federal Grant fund -- 105-515-5-463-00 MAROONE CHE~VROLET ..................................... $ 22,082.00 PO 11796. Vehicle/Equipment Pay From Veh Serv Fund -- 501-193-5-681-00 MOTOROLA ................................................. $18,653.49 Quarterly Maintenance Contract Pay From Gen Fund -- 001-197-5-431-00 ZAMBELLI INTERNATIONALE ............................... $ 25,000.00 July 4th F~reworks Display Pay From Gen Fund -- 001-194-5-459-00 CO I iS$10N APPROVAl. THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER JUL ~ ?~ APP~OYAL Mayor and City Cc, mmiss±oners~ Attached please find identifying the Lake Boynton · ~,_-~ the reduction c,f the North a copy of a map and petitic, n Estates homeowners who are opposed PUD buffer from 25 feet to 10 feet. Thankyou, Nancy Worrell Lake Boynton Estates Homecwner J Boynton Lakes Estates residents adamantly opposed to reducing the north PUD buffer from 25 feet to 10 feet. Address Time Lived iO_~giQhborhood Boynton Lakes Estates residents adamantly opposed to reducing the north PUD buffer from 25 feet to 10 feet. Date 2~.O~,z Name Address Time Lived in Neighborhood 37, 38~ 39 ~ 40~ 45/ 46 'i 49.J DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: QUANTUM PARKPID APPLICANT'S AGENT: James Willard, Agent for Quantum Associate,~ DATE OF HEARING BEFORE CITY COMMISSION: July 2, 1996 TYPE OF RELIEF SOUGHT: Request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used and new car sales on certain commercially designated lots within the PID, specifically lots 76, 77, 78, 79 and 80. LOCATION OF PROPERTY: West corner of 1-95 and Gateway DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of B0ynton Beach, Florida on the date of 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". 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: July 16, 1996 City~(~lerk LOCATION MAP QUANTUM CORPORATE PARK I::! I I:~)1 ~TATI~ IN I~ITY EX}{IBIT "~" Conditions of Approval Project name:--Quantum Park PID File number: USAP 96-002 DEPARTMENTS I iNCLUDE IREJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. New and used car sales use approval.is subject to approval of rezoning of PCD ~ Center to PID. Page 2 Use Approval Quantum Park PID USAP 96-002 DEPARTMENTS I iNCLUDE I REJECT 6. The loading/ unloading area and the service/staging area designated on the preliminary site plan shall be identified as storage area and limited to fifteen (15} percent of the site as specified in the PID regulations (Section 7.E.1). Further, it is recommended that these areas be screened from public view by enclosing them on all sides, except for ingress/egress, with a solid six foot tall concrete or masonry wall that includes a 10 foot wide dense vegetative buffer on the outside of / the wall (buffer to include upper, mid . and low level landscape material) rather than fencing the areas. The recommended 10 foot wide landscape buffer may be included within the width of the required peripheral greenbelt. 7. Prior to site plan submittal of the CarMax, submit a master plan modification, pursuant to a previous approval condition, for the required peripheral PID greenbelts to include dense vegetation comprised of upper, mid and low level landscape material / along the 1-94 frontage of the site including the area west of the existing Quantum Park freestanding sign. 8. Exterior loud speakers and exterior paging systems installed on site are / prohibited. ADDITIONAL CONDITIONS FROM COMMISSION MEETING DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: QUANTUM PARK PID APPLICANT'S AGENT: James Willard, Agent for Quantum Associates DATE OF HEARING BEFORE CITY COMMISSION: July 2, 1996 TYPE OF RELIEF SOUGHT:Request to amend the previously approved PID master plan iniconnection with an amendment ot the DRI to add 13117 acres to the PID boundaries and chan.qe the use desi.qnation from office to commercial/industrial use, add th eoption of cdmmercial use to the existing use designated for lots 65A, 65B, 66, 67A, 67B, 67C, 68A, 68B, 69,70,72, 73A, 73B, 74-79, 83-85, and 91 and chanRe the use desi,qnation of lots 58,59,60 and 61 from commercial to industrial/research and development/office. LOCATION OF PROPERTY: West corner of 1-95 and Gateway DRAW NG(S) SEE EXHIBIT "B" ATTACHED HERETO. . THIS MATTER came on to be heard before the City Commission of the City of B(Jynton Beach, Florida on the date of hearing stated above. The City Commission having coinsidered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: I 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 es st~ se :ablished by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative fi, or suggested by the public and supported by substantial competent evidence are as :forth on Exhibit "G," 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 te!rms and conditions of this order. Other: D.~TED: July 16, 1996 Ci[y~Clerk 'LOCATION MAP QUANTUM CORPORATE PARK RIAA~' EXHIBIT "~" Conditions of Approval Project name:--Quantum Park PID File number: USAP 96-002 DEPARTMENTS I iNCLUDE IREJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRO~MENTkLIST Comments: NONE D~4NING AND ZONING 1. I Page 2 Use Approval Quantum Park PID USAP 96-002 DEPARTMENTS I INCLUDE I REJECT 6. The loading/ unloading area and the service/staging area designated on the preliminary site plan shall be identified as storage area and limited to fifteen (15) percent of the site as specified in the PID regulations (Section 7.E.1). Further, it is recommended that these areas be screened from public view by enclosing them on all sides, except for ingress/egress, with a solid six foot tall concrete or masonry wall that includes a 10 foot wide dense vegetative buffer on the outside of the wall (buffer to include upper, mid . and low level landscape material) rather than fencing the areas. The recommended 10 foot wide landscape buffer may be included within the width of the required peripheral greenbelt. 7. Prior to site plan submittal of the CarMax, submit a master plan modification, pursuant to a previous approval condition, for the required peripheral PID greenbelts to include dense vegetation comprised of upper, mid and low level landscape material along the 1-94 frontage of the site including the area west of the · -~-~ ~ .... ~,m Park freestanding ADDITIONAL CONDITIONS FROM COMMISSION MEETING 6. 7. 8.