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Minutes 03-16-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 16, 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Bonnie Glinski, Deputy City Clerk I. OPENINGS: Call to Order- Mayor Jerry Taylor Invocation - Commissioner McKoy Pledge of Allegiance to the Flag led by Commissioner McKoy Mayor Taylor called the meeting to order at 6:33 p.m. Commissioner McKoy offered the invocation and then led the Commission and audience in the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner McCray moved to approve the agenda. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray reported on the status of rebuilding Galaxy Elementary School. The School Board has indicated that it should be on the list by the end of this month. Commissioner McCray requested that the Education Advisory Board continue to pursue this on behalf of the Commission and report back their findings. Mayor Taylor thanked everyone who was involved in the HeritageFest Celebration. There was an incredible amount of events that were held throughout the entire month and on behalf of the Commission, Mayor Taylor thanked everyone for doing a great job. He anticipates that the Celebration will be even better next year. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March ~.6, 2004 Mayor Taylor wished to respond to some comments that he heard that there is a lot of talk in Boynton, but nothing ever happens. The City Commission, City Manager, City Attorney, each and every City employee, the City Boards, the CRA Director and Board, and the Chamber of Commerce staff and their members have been making things happen in Boynton Beach. Mayor Taylor reported on what has recently taken place in the City · Jaycee Park was recently purchased for $3.4 million. This property will remain a permanent park and greenspace. · Construction of the Southeast Fire Station should begin in May. · Phase 2 of the Senior Center is underway. · The Library expansion is underway. · With regard to the Blue Lagoon Project, site of the current Boynton Plaza located on Federal Highway and Boynton Beach Boulevard, the developer has closed on the property and groundbreaking should take place by the end of the year. · The Promenade groundbreaking will take place on March 23rd. · The groundbreaking for the Marina Village Project is scheduled for March 30th and work has already begun. · The Old High School was tented to make the building habitable. · The Chamber of Commerce Leadership Program is starting up and everyone is encouraged to participate. · Tonight the Task Order for the Wilson Center, Pool and Park should be approved. · The upgrade for the design and construction of the Boat Club Park restrooms should also be approved. The restrooms will be handicap accessible and upgraded. · The West Water Treatment Plant Expansion should also be approved. This will be a huge expansion of that plant. · Renaissance Commons is moving forward and the old Motorola building will be razed. The first 500 units have been sold and plans are underway for the next 300 units. · A request for $20.1 million for Federal money has been submitted. This was a tremendous effort on staff's part to obtain help from the Federal Government for projects underway in the City. · A request for $2.2 million for Federal money has been submitted for the City's reclaimed water project. · The CRA Board approved a feasibility study for the Prehistoric Monsters of the Ancient Seas Museum at their last meeting. · Recently the Commission took part in a goal setting session and it was agreed that the one word for this Commission is "action." In summary, Mayor Taylor emphasized that a great deal is happening in Boynton Beach and what he summarized is only a partial list. He expressed his appreciation for the "action" people that he works with and thanked them for making good things happen in Boynton Beach. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: 1. April 6, 2004 City Commission Meeting changed to April 7, 2004 B. Community and Special Events: 2. 3. 4. Boynton Beach Sister Cities Young Artists' Competition Exhibit at Schoolhouse Children's Museum - March 16- April 16, 2004 Oceanfront Concert - March 19, 2004, 7:00 p.m., at Oceanfront Park Visionaire Spring Artistry - March 20 - 21,2004 at the Schoolhouse Children's Museum Boynton Beach Sister Cities Young Artists' Awards Reception - April 2, 2004 at the Schoolhouse Children's Museum Wayne Segal, Public Affairs Director, introduced Jeanne Heavilin of the Boynton Beach Sister Cities Committee to bring the Commission up to date on events that will be taking place. Ms. Heavilin announced that the Boynton Beach Sister Cities Committee is an independent, non-profit organization and their mission is to promote cultural understanding, social development and economic growth through its relationship with the City's Sister City in Qufu, China. For the past 16 years Sister Cities International has sponsored a Young Artists' Competition for middle and high school students throughout the world as a means of expressing their concept of Sister Cities. The theme this year is "coming together to build a better world." This is the first year that Boynton Beach has been involved in this Young Artist Program. It is a great community event and introduces the youth to the Sister Cities Program. There are 71 entries from the Greater Boynton Beach area, as well as the High Schools in Qufu, China. All art pieces are on exhibit at the Schoolhouse Children's' Museum beginning today through April 16th. Ms. Heavilin invited everyone to view the exhibit and explained that there will be a people's choice award. Everyone attending the exhibit will have an opportunity to select the artwork that best represents our City. On Friday, April 2, 2004 there will be an award reception from 6:00 p.m. to 8:00 p.m. at the Museum and everyone is invited to attend. The first prizewinners from both cities will be entered in the national competition in Washington, D.C. It is anticipated that this will be an annual event and Ms. Heavilin thanked everyone for their support. Mr. Segal announced that the Oceanfront Concert on Friday at Oceanfront Park will now begin at 7:00 p.m. and will run to 10:00 p.m. The performers are a rock band entitled Powerhouse. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 On Saturday and Sunday Visionaire Spring Artistry 2004, that brings together some of the areas finest artists, designers and fine home furnishings dealers, will take place at the Children's Schoolhouse Museum. There is a preview brunch party from 10:00 a.m. to 12 noon and the proceeds will benefit the Museum. Admission is free during the hours of 12 noon to 6:00 p.m. C. Presentations: 1. Proclamations: None Present a Certificate of Completion to Commissioner Carl McKoy for completion of the Institute for Elected Municipal Officials Mayor Taylor read a letter from the Florida Institute of Government to Commissioner Carl McKoy awarding a Certificate for the completion of 18 hours of instruction at the Institute for elected municipal officials. The Mayor and Commissioners congratulated Commissioner McKoy on completion of the course. Presentation of invitations to the City Commission to attend the Boynton Beach Medieval Faire on March 20-21, 2004 at Jaycee Park (10:00 a.m. to 5:00 p.m.) Mayor Taylor read the invitation to the Medieval Faire followed by a formal invitation read by Larry Rabin. Approve the 9-30-2003 City of Boynton Beach Annual Financial Report as presented by Scott Porter from Caler, Donten, Levine, Druker, Porter & Veil Commissioner McCray noted that in the report the auditors stated that there were several things that the City needed to do and after they were brought out, the City did put them in place. He was satisfied with the report. Motion Commissioner McCray moved to accept the report. Vice Mayor Ferguson seconded the report that unanimously carried. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mr. Reality, 2307 NW '~5th Way, Boynton Beach thanked the Commission for the excellent work that they do for its citizens. Mr. Reality cited Florida Statute 316.0085 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 that encourages governmental entitles that have land available to make it available to the public for bicycling. He also cited Florida Statute 316.2065 that deals with riding a bicycle on a sidewalk. When a person rides his bicycle on a sidewalk or crosswalk, a bicyclist has the rights and duties of a pedestrian. He asked if there were any Commission members that were in disagreement with Florida Statute 316.2065 and there were none. A copy of his letter is on file in the Office of the City Clerk. Bob James, President of Village Royale on the Green, noted that his community is comprised of 880 units and approximately 2,000 people. He reported that he would be speaking with Mayor Taylor on Friday regarding some concerns that they have. Mr. James invited everyone to their 1st Citizen of the Year Award scheduled for Thursday at 9:30 a.m. Letters were sent to the Mayor and the Commissioners. The recipient is well known throughout the City, particularly the Police Department. He is a recipient of the Golden Year Award, and has appeared on the Today Show. He is being recognized for his volunteerism and he still volunteers three days a week at the Boynton Beach Police Department and is 97 years old. Herb Suss noted that there was a CERT drill held recently. CERT stands for Civilian Emergency Response Team that responds in the event of any emergencies in the City. The drill was a great success. He also reported that the COP Patrol had a picnic recently at the Intracoastal Park, which is a wonderful new park in the City. Walter Acree, 149 NW 41st Way, Deerfield Beach, President of Tree Integritys, Inc., spoke about the Library Expansion ProJect. He noted that there are several large Banyan trees that will be removed because of the expansion of the Library. His company has been in the business of moving large trees for 20 years. He felt that some of these trees could be 100 or more years old and there are five Ficus Benghalensis trees that will be destroyed. He would like the Commission to consider relocating the trees to other areas in the City. He stressed the importance of saving these legacy trees. The trees can be moved and he is willing to do what he can to save these trees. He recommended putting larger legacy trees into new construction projects to create a more mature landscape. There may be other cities that would like the trees as well. He felt that there were many ways that they could come up with the money to move the trees. Mr. Acree furnished his business card to Mr. Bressner. Jennifer Speech, 917 Buceda Road, would also like to see the trees saved and relocated elsewhere. She spoke with Ms. Farace about the trees who informed her that there is no place on the Library grounds to relocate the trees. Ms. Speech felt that it would take a minimal amount of money to relocate the trees and asked if some of the money allocated for the Library construction could be used for that purpose. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Mayor Taylor responded that originally they were informed that it would be costly to remove the trees and not all trees would be removed. Ms. Speech said that she obtained a quote of $5,000 to $10,000 to remove the old Banyan tree. Gregg Kleinrichert, 1303 NW 11th Street, Boynton Beach, owner of the corner piece of property in the subdivision of Sky Lake, stated that he did not receive notification of the rezoning for Renaissance Commons. He distributed a copy of the notification requirement to the Commission and feels that his property is within the 400' notification area. He would like to review the plans for the rezoning of this property. Mike Rumpf, Planning and Zoning Director, responded that there is one parcel of property in Sky Lake that is within the 400' notification area and it is Mr. Kleinrichert's property. The Planning and Zoning files indicate that Mr. Kleinrichert's address was included in the mailing and there was a direct mailing to that address. Mr. Kleinrichert requested that he be furnished with a copy of this notice since he never received it. Patty Schultz, 1073 NW 11th Street, Boynton Beach, is also a resident of Sky Lake. Ms. Schultz said that she had a lengthy conversation on March 10th with Mr. Rumpf. She asked him about notification and he informed her twice during that conversation that no one in Sky Lake was notified. Mr. Ensler asked if people were addressing Item VIII. D. (Suburban Mixed Use Zoning District) and if this was the area that was adjacent to the Sky Lake property. Mr. Rumpf noted that the people were referring to the property that was immediately west of Sky Lake, which is referred to as the Winchester property, and is not the subject of any applications tonight. Mr. Rumpf pointed out Mr. Kleinrichert's property that dissects the southeast corner of the Renaissance property as Lot 17, Block 4, Subdivision 21 in Sky Lake and identified as 1303 NW 11th Street. Mr. Rumpf reaffirmed that Mr. Kleinrichert was on the list that would have received direct mailing. These were the only documents that he referred to over the phone when he spoke with Ms. Schultz. Mr. Kleinrichert requested that he be provided sufficient time to review the documents since it affects his property value. Mayor Taylor recommended that Mr. Kleinrichert come to the City's Planning Division to view the documents and speak with staff. Attorney Cherof pointed out that tonight is the first reading of the items and there will be another public hearing. He also pointed out that there was a notice published in the newspaper with respect to the item on the agenda tonight. Also under Legal Ordinances there is an Ordinance on second reading that modifies the notice requirement for quasi-judicial hearings that should help in situations like this in the future. John Alvaroe, 680 NE 15th Place, Boynton Beach, has lived in Boynton Beach since 1946. Mr. Alvaroe reported that Mr. Batmasian who owns the property at the end of his 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 street has repeatedly and continually rented his property to undesirables, the most recent of which is Johnny's Bar. Mr. Alvaroe reported that there have been 42 police reports of problems with noise, underage drinking, drugs, and weapons at this bar. Mr. Alvaroe questioned how Mr. Batmasian could continue to rent to this type of tenant. He requested that the City remove these undesirable tenants. Rosa Leal, 660 NE 15th Place, Boynton Beach, also lives in Yachtsman Cove, and noted that the problems with Johnny's Bar existed with previous owners. She asked why these problems are not solved. Residents pay their taxes and get no results, yet people who commit crimes and serve alcohol to minors are not punished. Mayor Taylor responded that the City is very aware of this situation and the Police do respond when called to the property. The City has been to court on this and is doing everything legally possible to alleviate the situation. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: Ao Accept resignation from Marilyn Huckle, Regular Member of the Cemetery Board Motion Commissioner McCray moved to accept. Motion seconded by Vice Mayor Ferguson and unanimously carried. B. Accept resignation from Enrico Rossi, Regular Member of the Code Compliance Board Motion Commissioner McCray moved to accept. Motion seconded by Vice Mayor Ferguson and unanimously carried. C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II McCray Advisory Bd on Children & YouthAIt 1 yr term to 4/04 III Ferguson Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 I Ensler Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04Tabled (2) IV McKoy Cemetery Board Reg 3 yr term to 4/06 IV McKoy Code Compliance Board Reg 3 yr term to 4/05 II McCray Education Advisory Board Stu i yr term to 4/04 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March :t6~ 2004 I Ensler III Ferguson Education Advisory Board Reg Education Advisory Board Reg 2 yr term to 4/05Tabled (2) 2 yr term to 4/05 II McCray III Ferguson IV McKoy Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (2) 2 yr term to 4/05Tabled (2) 2 yr term to 4/05 Commissioner McCray appointed Betty Veaner as an Alternate member to the Advisory Board on Children and Youth and tabled his other appointments. Vice Mayor Ferguson appointed Alyssa Ewing as a non-voting student member to the Advisory Board on Children and Youth and tabled his other appointments. Commissioner Ensler appointed Barbara Brunetti as a Regular member of the Education Advisory Board and tabled his other appointment. Commissioner McKoy moved Alternate Kathy Cook up to a Regular member of the Code Compliance Board and tabled his other appointments. Motion Vice Mayor Ferguson moved for approval of the appointments. Motion seconded by Commissioner Ensler and unanimously carried. VI. CONSENTAGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of February 13, 2004 Regular City Commission Meeting of February 17, 2004 Motion Commissioner McCray moved for approval of the minutes. Motion seconded by Commissioner McKoy and unanimously carried. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Approve the "piggy-back" of TOWN OF PALM BEACH (RFP #2003-13), and JACKSONVILLE ELECTRIC AUTHORITY (BID #WCS 123-00) to INSlTUFORM TECHNOLOGIES, INC. for Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 CURED IN PLACE PIPE REHABILITATION in the amount of $431,833.62, plus a 10 percent project contingency of $43,183 Award "THE REPAIR AND RECONDITIONING OR REPLACEMENT OF HYDRAULIC OR COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS," Bid #027-2510-04/JA to Master Hydraulics Inc. of Pembroke Pines, Florida, for the estimated amount of $28,700 Award the "PURCHASE OF 1 NEW AND UNUSED POLICE AGGRESSIVE TRAFFIC ENFORCEMENT VEHICLE," Bid #028- 2516-04/JA to Bobby Jones Ford Inc. of Augusta, Georgia for the new/unused 2003 Mustang Cobra SVT Coupe VIN #1FAFP48Y83F426145 for $32,116.51 (costs covered from a $47,245 grant from the Florida Department of Transportation) Approve the "piggy-back" of the CITRUS COUNTY SCHOOL BOARD, BID #2003-21, to HURRICANE PROTECTION INDUSTRIES, INC. for the INSTALLATION OF A HURRICANE BARRIER SYSTEM FOR THE 2nd FLOOR OF CITY HALL in the amount of $54,372.28 ($40,780 of this to be funded by a Federal grant) Award the "ANNUAL CONTRACT FOR SECURITY GUARD SERVICES," Bid #021-2710-04/CJD to DIAMOND DETECTIVE AGENCY, INC. of Chicago Heights, IL, with an annual expenditure of $37,632 (to provide security on a yeady basis to patrol Ezell Hester Jr. Community Center and the Library) Commissioner McCray removed Item B. 5 for discussion C. Resolutions: Proposed Resolution No. R04-030 Re: Abandoning any interest in the 750 square foot sidewalk easement under the jurisdiction of Palm Beach County (former Chevron site at the northeast corner of Boynton Beach Boulevard and Congress Avenue) Proposed Resolution No. R04-031 Re: Agreement for Water Service Outside the City Limits with Palm Beach County for the property at 1057 Highview Road, Lantana, Florida (Lot 211, Ridge Grove Addition 1) Proposed Resolution No. R04-032 Re: Approving Task Order No. U04-16-1 with PBS&J for Engineering and Construction Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Man:h 16, 2004 10. 11. 12. Management Services on the Lawrence Road Utility relocation Project, for a not-to-exceed value of $24,439 Proposed Resolution NO. R04-033 Re Agreement for Water Service Outside the City Limits with Claudia and David Valdez for the properties at 1127 Highland Road and 1241 Highland Road, Lantana, Florida (Lot 71, Ridge Grove and Lot 87, Ridge Grove, respectively) Proposed Resolution No. R04-034 Re: Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services Proposed Resolution No. R04-035 Re: Amendment No. 1 to Task Order 01-17, Camp Dresser & McKee Inc. (CDM) for $45,700 (Amendment No. 1 provides for additional engineering services for the INCA Stormwater Management Improvements and Water Main Replacement Project [formerly referred to as the NE 7~ Street and NE 10th Avenue area and North and South Roads]) Proposed Resolution No. R04-036 Re: Agreement for Water Service Outside the City Limits with Paul and Julie Krasna for the property at 1096 Oleander Road, Lantana, Florida (Lot 35, Hypoluxo Ridge Addition 2) Proposed Resolution No. R04-037 Re: Agreement for Water Service Outside the City Limits with R.I. & J. Financial, Inc. for the property at 1042 Highview Road, Lantana, Florida (Lot 160, Ridge Grove Addition 1 ) Proposed Resolution No. R04-038 Re: Agreement for Water Service Outside the City Limits with Patricia A. Barrett for the property at 1102 James Road, Lantana, Florida (Lot 29, Hypoluxo Ridge) Proposed Resolution No. R04-039 Re: Approving Task Order #R04-10-001 in the amount of $119,700 to Kimley-Horne and Associates, Inc. for schematic design phase services for Wilson Center, Pool and Park Proposed Resolution No. R04-040 Re: Approving Task Order #R04-05-05 in the amount of $13,900 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Boat Club Park Building Restrooms Improvements Proposed Resolution No. R04-041 Re: Approving Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16,, 2004 architectural and engineering services for design and construction administration for Senior Center Phase III Commissioner Ensler removed Item C.12 for discussion. 13. Proposed Resolution No. R04-042 Re: Authorizing the City Manager to submit an application for a Public Library Construction Grant 14. Proposed Resolution No, R04-043 Re: Scope for the 2004-05 Fire Assessment Work Plan with Services Group, Inc. at a cost not to exceed $22,000 of Services Government Vice Mayor Ferguson removed Item C.14 for discussion. 15. Proposed Resolution No. R04-044 Re: Approving Task Order No. U04-10-01 in the amount of $1,963,000 to Kimley-Horn and Associates, Inc. (KHA) for Program Management Services, West Water Treatment Plant (WWTP) Expansion - Phase 4 D. Ratification of Planning & Development Board Action: Westbrooke @ Boynton (MSPM 03-013), East of South Congress Avenue, North of L.W.D.D. L-30 Canal - Request for Major Site Plan Modification approval to construct 300 townhouse units on 32.15-acres in the Planned Unit Development (PUD) zoning district Vice Mayor Ferguson removed Item D.1 for discussion. Renaissance Commons (MPMD 03-002), Congress Avenue, south of Gateway Boulevard - Request for Master Plan Modification approval to convert the former Motorola Planned Industrial Development (PID) to a Mixed-Use project consisting of residential, commercial and office uses in conjunction with the amendment of the Development of Regional Impact (DRI) Attorney Cherof recommended that Item D.2 be removed from the Consent Agenda and consolidate it with the Public Hearing agenda items for the Renaissance Commons. Grove Plaza Subdivision Master Plan (MPMD 03-003), 3800 Hypoluxo Road - Request for modification of the subdivision master plan to convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto Zone) Auto Zone (NWSP 03-027), 3800 Hypoluxo Road - Request for New Site Plan approval for a 7,180 square foot retail store (auto supply store) on a 1.18 acre parcel in a C-3 zoning district 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Boynton Beach Cancer Center (NWSP 03-029), 2375 West Woolbright Road - Request for New Site Plan approval for a 6,851 square foot medical office building on a 0.39-acre parcel in the C-1 zoning district The Jefferson @ Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006), east side of South Congress Avenue, north of L.W.D.D. Canal L-30 - Request for a 1 year time extension of the site plan approval originally granted on December 2, 2002, extending the approval from December 2, 2003 to December 2, 2004 Vice Mayor Ferguson requested that Item D.6 be removed for discussion. E. Ratification of CRA Action: 1. Intentionally left blank Deliverance by Faith Church (NWSP 04-00'1), Lots 4 & 5, Block 1, Frank Weber Addition - Request for New Site Plan approval for a 3,090 square foot church on a 0.32-acre parcel in a C-2 zoning district Commissioner McCray removed Item E.2 for discussion. Approve release of cash bonds of $60,250 to D.R. Horton, Inc. for the project known as Parkside Village at Quantum Park (Block 4, Lots 10, 7, 1-5, 8 & 9 and Block 3, Lots 25, 18, 17, 19, 20, 21-24 & 26-29) Approve release of a cash bond of $10,697.50 to DSS Restaurant Management, LLC for the project known as Two Georges Restaurant Ho Approve full release of surety covering the water system for the project known as Motor City Car Wash and returning the cash surety in the amount of $1,980 to the developer Approve Permit No. 04-0248 for excavation and fill operation for the Carriage Pointe development and approve acceptance of a cash surety in the amount of $22,000 for site restoration for the Carriage Pointe development Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Award the balance of a "Three Year Contract for Financial Auditing Services," RFP#061-1410-03/CJD to Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida, for the fiscal years ended 9/30/04 and 9/30/05 12 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida March 16, 2004 Commissioner McCray requested to remove Item K. for discussion. Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McCoy and unanimously carried. B. 5. Award the "ANNUAL CONTRACT FOR SECURITY GUARD SERVICES," Bid #021-2710-04/CJD to DIAMOND DETECTIVE AGENCY, INC. of Chicago Heights, IL, with an annual expenditure of $37,632 (to provide security on a yeady basis to patrol Ezell Hester Jr. Community Center and the Library) Commissioner McCray requested at the Agenda Preview Meeting that the Commissioners be provided backup from staff regarding the security services that the City was receiving at Hester Center and the Library. The reports received from staff indicate that the security services have been effective and the customers at the Library expect to see the presence of uniformed security officers and are reassured by their presence. Motion Commissioner McCray moved to approve the contract. Motion seconded by Commissioner McKoy and unanimously carried. C. 12. Proposed Resolution No. R04-041 Re: Approving Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III Commissioner Ensler noted that it had been discussed that this item would be tabled. Motion Commissioner Ensler moved that Item C.12 be tabled. Motion seconded by Commissioner McKoy. Mr. Bressner requested that the item be tabled to the first meeting in May. Mr. Ensler agreed to the amendment of the motion and Commissioner McKoy seconded the amended motion that unanimously carried. C. 14. Proposed Resolution No. R04-043 Re: Scope of Services for the 2004-05 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $22,000 Vice Mayor Ferguson asked how many new residences have been accounted for since he would like to stop spending $22,000 for these services. Mr. Bressner did not think 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 that it had to do with the new properties in the City. It was the process to make sure that the legalities and recordkeeping were done according to statute. Mr. Bressner noted that this firm has done this type of work for many jurisdictions statewide and the City's case is in litigation. Mr. Bressner felt it was important that everything the City does is done correctly. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting). D. 1. Westbrooke @ Boynton (MSPM 03-013), East of South Congress Avenue, North of L.W.D.D. L-30 Canal - Request for Major Site Plan Modification approval to construct 300 townhouse units on 32.15-acres in the Planned Unit Development (PUD) zoning district Mayor Taylor stated that the Commission would like to have a statement in the sale contract for people who purchase homes that the residences they are purchasing are located just to the north of the water treatment plant. Bonnie Miskel, representing the applicant, agreed to have a disclosure of the proximity to the water treatment plant. Ms. Miskel would like to address condition #65 in the staff report that requires a 15' buffer on the north side of the property. Attorney Cherof administered the oath to all persons that would be testifying and explained the procedures of the quasi-judicial proceedings regarding this item. Ms. Miskel noted that staffs setback requirement is 20', 15' of which must be buffer. The applicant is proposing 10' of extensive vegetation, a fence, trees and a two foot berm to block the parking lot to the north of the site. This will allow 10' for the residents to install a patio. She pointed out that there is no code requirement that they have a 15' buffer. Their proposal would exceed the code, but it would not comply with condition #65. She also noted that there had been discussion about providing a greenway. Ms. Miskel would like to offer a parcel of land located along the east of the property that is not incorporated into the site plan that could be included in the City's greenway and is subject to an FP&L easement. Vice Mayor Ferguson asked what the size of the greenway parcel would be and Ms. Miskel noted that it was 57' wide by 607' long. Vice Chair Ferguson noted that when the original application was heard, the zoning was changed from industrial to residential. He questioned if the property would revert back to industrial zoning since there is a new owner. Attorney Cherof stated that it does not. Further, Attorney Cherof pointed out that the extension request in Item D.6 would be disposed of if this item were approved. Vice Mayor Ferguson asked if Item D.6 should be addressed first and Attorney Cherof responded that if the site plan is approved, item D.6 would then be moot and the Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March :t6, 2004 Commission should then deny it. Ms. Miskel stated that it is their intention to withdraw Item D.6 if Item D.1 is approved. Mr. Ensler asked how the City's right to use the greenways would be defined. Ms. Miskel stated that they would be willing to dedicate the greenways to the City or they could provide the City with an easement for greenway use. Mr. Bressner said that he would prefer a restrictive covenant. Mr. Ensler also noted that there was a parcel of land with a sign on it in the backup material. Ms. Miskel stated that they do not own that land, but there is an easement dedicated for access to that land. Mayor Taylor inquired if Bethesda Hospital, owner of the property to the north, was agreeable to the applicant's plans. Ms. Miskel stated that they met with representatives of Bethesda Hospital and they are agreeable to their proposal. She noted that Bethesda Hospital has allowed them to plant vegetation along the frontage on Congress Avenue and the Hospital will reimburse them. Vice Mayor Ferguson inquired where the 607' of greenspace ended on the south end and was informed that it ends at the canal. He thought that putting a bridge across the canal to connect the other side would be a good idea. Ms. Miskel said that they would be happy to provide the City with this opportunity by providing the restrictive covenant. Mike Fitzpatrick, 175 SW 2n'~ Street, Boynton Beach, is a member of the Planning and Development Board. He noted that staff recommended denial of the extension of the previous owners and he would like the Commission to agree with staff. He noted that the property was surrounded by industrial and high-tension power lines, a railroad and a sewer plant. The Planning and Development Board estimated that the units would sell between $140,000 to $180,000 and would not generate a great deal of money for the City because the breakeven point for the costs of City services is approximately $100,000 worth of taxes. He estimated that these units would only generate $60,000 a year in taxes and saw no reason to rush the project through. He would like to see the applicant give something back to the City. He acknowledged that they were giving the City the land for the greenways, but he would also like them to give an additional $100,000 to the current recreation and park requirements to be held in escrow to build a bridge across the finger canal and to buy native landscaping for that area. He would also like the applicant to provide an 8' sidewalk through the development from Congress Avenue to the footbridge for public use. Mr. Ensler noted that staff recommended approval and the Planning and Development Board passed the item 6 to 1. Mr. Fitzpatrick pointed out that that the Planning and Development Board did approve this Item, but Item VI. D. 6 (The Jefferson @ Boynton Beach) was recommended for denial by staff. Mr. Herb Suss noted that staff and the Planning and Development Board approved this. He pointed out that the property was vacant for a long time and will be an improvement to the area. He requested that the application be approved. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Motion Mr. Ensler moved that the Westbrooke @ Boynton Beach Project be approved with the following modifications: the setback on the north side be limited to 10 feet to include additional trees and a two-foot berm as indicated in the applicant's testimony; that there be a restrictive covenant covering the east side of the property approximately 57' wide and 607' long; and that they include in their documents the fact that there is a wastewater treatment plant to the south. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting). Attorney Miskel stated that they were withdrawing Item D.6. D. 6. The Jefferson @ Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006), east side of South Congress Avenue, north of L.W.D.D. Canal L-30 - Request for a 1 year time extension of the site plan approval originally granted on December 2, 2002, extending the approval from December 2, 2003 to December 2, 2004 Motion Commissioner McCray moved to deny. Motion seconded by Commissioner Ensler and unanimously carried. E. 2. Deliverance by Faith Church (NWSP 04-001), Lots 4 & 5, Block 1, Frank Weber Addition - Request for New Site Plan approval for a 3,090 square foot church on a 0.32-acre parcel in a C-2 zoning Commissioner McCray noted that at the Agenda Preview Meeting it was determined that this item would be tabled. However, since so many citizens are present to speak on the item, he would like the people to be heard. Mayor Taylor noted that this item was denied by the CRA. Attorney Cherof administered the oath to all persons who would be testifying. Linda Davis, 2671 NE 1st Street, Boynton Beach is the Secretary for Deliverance by Faith Church and the Pastor of the Church is her brother. Ms. Davis gave a history of the Church and the Pastor. She noted that the ministry was instrumental in changing the lives of many people. Minister Glen Lyons is a working Pastor who assists people financially and there have been times when he has paid everyone on his payroll and went without for himself. She supports her Pastor who has a vision for the ministry and has worked very hard towards building a new church on property that they own. Ms. Davis urged the Commission to allow them to move forward in achieving a new Church. Mike Sipula, of JMS Design Architects, are the architects for the project. When they initially prepared the design for the project they were unaware of the City's plans for 16 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 redevelopment of that area. Staff informed him after the TRC review that they would not be allowed to build on the site because it was scheduled for redevelopment. He pointed out that there is an applicant ready to build a Church that could become the core of this particular block. He was not certain if the plans to build one large block from end to end of the street are a necessity for redevelopment. They would like to work with the redevelopment of the area in order to get the Church built that could become a gathering place for the neighborhood residents. Reverend Glen Lyons, 2190 NE 1st Lane, Boynton Beach, grew up in Boynton Beach. They would like to be part of the redevelopment in this area. He was informed by City staff that they would assist him in relocating his Church, but that fell through. There is no property available in the community to relocate. Many of his parishioners walk to Church and it would be a burden if they had to move outside the City limits. He has been told that the CRA intends to take their property that they had their vision set on for their Church. If the City allows them to build their Church, they plan to have it blend in with the design guidelines and colors designated for this area. Reverend Lyons asked what the future of Deliverance by Faith is if they cannot remain where they are and there is nothing else available. Bobby Seam, the Youth Pastor of Deliverance by Faith Church, was excited about building the new Church. Last summer they held a youth camp and because of the lack of space, the children had to eat outside. They need more room to improve the facilities for the children. The Church has an outreach program and provides food during Thanksgiving. They would like to grow and become an asset to the community. Quintus Greene, Development Director, has spoken with Reverend Lyons many times about the property. Mr. Greene noted that the Church is currently located in a former dry cleaning establishment and Reverend Lyons has never received a certificate of occupancy for the building. Mr. Greene noted that Reverend Lyons would be appearing before the Code Compliance Board tomorrow night. The property upon which he would like to build the Church consists of one-third of an acre and the City has held their application for a year for a parking lot for that site. Mr. Greene stated that up until two weeks ago, the Church's plans for that property was to put in a parking lot. The City has no intention of removing any Church from the community as the result of any redevelopment efforts. The redevelopment for the intersection of Seacrest and MLK Boulevard, which is the heart of the community, is to assemble a developable parcel of approximately four to five acres. Mr. Greene pointed out that he wrote to Reverend Lyons over a year ago, as well as this February, informing him that his Church was located in the target area. The CRA is attempting to assemble this parcel and to acquire the property and Reverend Lyons will receive a fair price for his property. They would like to have all churches that are in the community remain because churches are part of the institutional fabric of the community. However, in order to create a developable parcel, the site that the Church is proposing to locate is necessary. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Commissioner McCray pointed out that the current building was not a dry cleaner, but a washhouse. Aisc, Commissioner McCray was concerned that this has become a code issue and requested that he be furnished with an update on this. He pointed out that the Church has come to the City in good faith. Commissioner McCray inquired if there was any property in the Heart of Boynton area where a Church could be built. Mr. Greene did not know. Commissioner McCray also pointed out that there are three additional churches on MLK Boulevard and he did not want to see the Churches leave. Commissioner McCray further requested that Mr. Greene work with the Deliverance by Faith Church to come up with a solution. He pointed out that the CRA denied the application and he is going to request that it be tabled to allow time for property to be located for the Church. Mayor Taylor noted that the City has committed itself to the Heart of Boynton Plan and there are going to be very hard decisions to make as plans progress. He believes that Churches are the heart of the community, but it needs to be determined how they could be incorporated into the plans, but not as standalone buildings. Mayor Taylor felt that if each and every developer were allowed to build individual standalone buildings it would create a hodgepodge of buildings and the whole concept of the Heart of Boynton would be lost. Commissioner McKoy inquired if the City was involved in trying to locate property for the Chumh and if so, what properties were being considered. Mr. Greene responded that he was not involved in any relocation of the Church. Mr. Greene explained that any property that the City does acquire in the area is done under the guidelines of the Federal Uniform Relocation Act that requires that the City provide relocation assistance to both residential and commercial properties, including Churches. They intend to work with Reverend Lyons to assist him. Commissioner McKoy inquired if anyone has worked with Reverend Lyons and Mr. Greene responded that an offer has not been made yet, so it is premature to discuss relocation. Motion Commissioner McCray moved to table. Motion seconded by Commissioner McKoy and unanimously carried. Award the balance of a "Three Year Contract for Financial Auditing Services," RFP#061-1410-03/CJD to Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida, for the fiscal years ended 9/30/04 and 9/30/05 Commissioner McCray requested that this item be pulled for clarification for the benefit of the public. He explained that two key people in the Finance Department will be leaving, and he did not think that it was fair to the new Finance people if they had to work with new auditors. Extending the current contract will avoid this from happening. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Motion Commissioner McCray moved to award the balance of the three-year contract. Motion seconded by Vice Mayor Ferguson and unanimously carried. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Description: Mixed Use Code Review (CDRV 04-001) (TABLED ON 02/17/04) City initiated Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts (1sT READING OF PROPOSED ORDINANCE NO. 04- ) Motion Vice Mayor Ferguson moved to remove the item from the table. Motion seconded by Commissioner Ensler and unanimously carried. Attorney Cherof stated that there is no ordinance on this item. If the item is approved an ordinance would then follow. Mayor Taylor announced the public hearing. Maida Daughtrey, 843 NW 11th Street, Sky Lake, asked if this item applied to a particular area in the City. Mr. Bressner responded that the area that this item covers is the area on Federal Highway and does not apply to the area west of 1-95. Mr. Ensler pointed out that this item was tabled by the CRA at their last meeting since more work needs to be done. Motion Commissioner Ensler moved to table to the meeting following the CRA meeting at which they make a decision. Motion seconded by Commissioner McKoy and unanimously carried. Notice of Intent (Resolution No. R04-028) to adopt pending Zoning Code Amendments - Single Family Residential Mayor Taylor opened the public hearing. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Debbie Coles Dobay, 1062 NW 6th Avenue, Boynton Beach, resides in Old Boynton Estates and is pleased that the City is putting a hold on building applications in order to eva~uate existing regulations and make amendments to the Land Development Regulations that impact single-family residential properties. Ms. Coles Dobay would also like the City to re-evaluate how development impacts traffic within the communities. The communities of Old Boynton Estates, Costa Bella, and Laurel Hil~s would like to see any undeveloped land within their communities be developed the same as their current environment, taking into consideration traffic, water, and sewage. Harry Woodworth, 685 NE 15th Place, Boynton Beach, was representing INCA. He thanked the Commission for listening to their issues. A survey of their residents was completed and copies were furnished to the City Clerk this morning for distribution to the Commission and City staff. Mr. Woodworth noted that 88% of the residents that responded to the survey do not support high-rise development in residential neighborhoods. Eighty percent do not support anything higher than two stories. Ninety percent felt that the building codes should offer protection from some of the developments coming to the City. They do not want to see any more inferior developments coming into the City. Eighty-three percent of the residents would like to see the same review of the mixed-use codes that are currently being done for the IPUD. Mr. Woodworth would like to see the notification requirements expanded to 1,000 feet so that everyone affected would be apprised of what is happening in their neighborhood. Tom McGow, 945 LeGrace Circle, Boynton Beach, is pleased that the City is planning to change the Zoning Code for residential use. He pointed out that it is the people that make Boynton Beach great. He felt that bringing more traffic into neighborhoods diminishes the quality of life in the neighborhoods. Ed Tedtmann, 869 NW 8th Avenue, Boynton Beach, requested that the City change the church use in residential zoning to a conditional use. He felt that churches would be better if they are located and fronted on arterial streets. He noted that there is an application for a church in Laurel Hills that will be coming up and the church would be surrounded by single-family homes. Churches have expanded so much today and now provide day care, schools, soup kitchens, meeting halls and concert halls. These more intensive uses would be better suited on major roadways, rather than in neighborhoods. James Terry, 961 NW 8th Avenue, Boynton Beach, adjoins a vacant lot that has been referred to as a retention pond. He cannot understand why anyone would want to build in the middle of a lot where the water from all sides flows. There has been as much as 18" of water on this lot and if the lot was covered with cement where is the water going to go. He felt that the same problem that arose in LeGrace Circle would happen here and it cost the City close to $500,000 to correct. Mr. Bressner stated that the Notice of Intent being considered by the Commission tonight with respect to land development amendments for single-family area covers the entire City. The purpose of this action, if it is approved, is to set in motion a "zoning in progress" that allows the City time to evaluate the zoning rules as they would apply to 20 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida March 16~ 2004 non-residential uses in residential districts. Recommendations for changes in the LDR would come back to the City Commission, after being heard by the advisory boards. If the Commission approves the item tonight, the City could not act upon applications for non-residential uses in single-family districts in any official way until the end of the zoning in progress. Motion Commissioner Ensler moved to approve R04-028. Motion seconded by Vice Mayor Ferguson. Commissioner McCray asked Attorney Cherof how the City could change the notification requirement from 400' to 1,000'. Attorney Cherof responded that there is an Ordinance on the agenda that deals with notice and it could be done by an amendment to Ordinance 04-007. Mayor Taylor commended the citizens for their input and noted that Boynton Beach will be going through tremendous growth the next few years. The Commission needs to be concerned how this affects existing neighborhoods. Attorney Cherof requested that the motion be amended since the Resolution was adopted on February 17, 2004. The motion should be to "ratify the adoption of Resolution 04-028. Commissioner Ensler amended his motion as requested and Vice Mayor Ferguson seconded the amended motion. The motion carried 5-0. Notice of Intent (Resolution No. R04-029) to adopt pending Zoning Code Amendments - Mixed Use Mr. Bressner noted that this was a similar situation to the previous item. Since the Resolution had been previously adopted, the Commission should ratify the adoption of R04-029. This would start the zoning in progress for two zoning classifications along the Federal Highway Corridor known as mixed-use Iow and mixed-use high. This would apply to areas in the downtown up to the C-16 Canal and to the FEC Railroad on the west side. Currently the Code allows properties to be rezoned to either of these classifications, provided that the underlying land area is classified as mixed-use. The only areas along the Federal Highway Corridor that have these land use designations are the areas shown on the map. These regulations have been in place for 16 months and staff would like to evaluate how the regulations have worked and to put it on hold for six months. Mr. Bressner also noted that the City has hired a consultant that is working on the LDR and they have some ideas regarding the text that he would like to discuss with staff. Mayor Taylor opened the public hearing. Louise Dacamara, 836 East Drive, Harbor Estates, Boynton Beach, noted that in December 2001 a petition was presented to the City that stated the property owners in her community wanted to remain R1-AA. She recalled that Vice Mayor Ferguson made 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 the motion that was seconded by Commissioner McCray approving their request and passed 5-0. She pointed out, however, that they have not been removed from the Master Land Use Plan. Petitions were also presented by Lee Manor Isles and Boynton Isles requesting the same thing and they were removed from the Plan. Ms. Dacamara wanted to go on record that they want to remain residential. Motion Mr. Ensler moved to ratify R04-029. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting). Do Project: Agent: Description: Suburban Mixed Use Zoning District (CDRV 04-002) City initiated Request to amend Chapter 2. Zoning to establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment area (1sT READING OF PROPOSED ORDINANCE NO. 04- 011) Attorney Cherof read proposed Ordinance No. 04-011 by title only. Attorney Cherof explained that this type of Ordinance required a public hearing on first reading due to the result it could have upon property, thereby requiring two public hearings. Because the item is not site specific, it is not a quasi-judicial hearing and people who speak do not need to be sworn in Mayor Taylor opened the public hearing. Maida Daughtrey, 843 NW 11th Street, Sky Lake, asked if this applied to areas west of 1-95 and was informed that it did. Ms. Daughtrey noted that a seven story building had been approved along the Intracoastal and if mixed-use zoning were allowed this would be allowed in areas west of 1-95. Mr. Bressner requested that staff give a brief overview of the Ordinance. Mike Rumpf reported that staff is proposing a new suburban mixed-use zoning district to accommodate the mixed-use project at the Renaissance Commons, formerly known as Motorola DRI, as well as to provide an alternative to other large parcel of lands under the existing C-3 (community/commercial) zoning regulations. C-3 currently allows that certain portions of a district may be developed for residential use, but does not encourage a true integration of commercial and residential uses. Currently the zoning perpetuates the suburban strip centers that offer no connectivity and allow large parking lots adjacent to major roadways. The Ordinance will encourage mixed-use projects and the proposed Ordinance includes provisions for all aspects of development including uses, minimum lot sizes, frontages, setbacks, coverage, as well as supplemental landscaping requirements. The Ordinance will also provide: 22 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida March 16, 2004 1. That the rezoning to a SMU district must be accompanied by a master plan to guide the development. 2. A maximum density of 20 du/ac in one floor area ratio. 3. Maximum height is proposed at 55' with an increase as a conditional use to a maximum of 75'. It must be set back from the perimeter by a minimum of 225'. 4. ^ minimum height of 35' for buildings fronting on arterial roads. Design requirements are proposed for articulation, varied rooflines, columns and other decorative features to break up large wall expanses. A maximum front setback along arterial roadways is proposed at 90' including a 25' mandatory buffer and landscape berm. Landscaping regulations will create pedestrian friendly streetscapes and encourage the use of mature plant materials. There will be a size limit on department stores ("big boxes") to prevent one retailer from dominating project design. Principle differences between a SMU District and a C-3 District are - 2. 3. 4. Horizontal or vertical mixed use would be required for most uses. Increase in maximum height and density to 55' and 20 du/ac. Greater flexibility to allow internal project design by setback standards. Master Plan and Zoning requirements to facilitate greater influence on project design consistent with stated objectives, as well as including the public notification process. Design requirements applicable to certain uses. Staff recommends that the proposed amendments to the LDR, Chapter 2, Zoning, to add a Suburban Mixed Use District and related regulations be approved. Mr. Rumpf noted that the SMU Zoning District is being tailored for this specific site, but it could apply Citywide. He explained that with a large piece of property like the Motorola site, a six or seven story building internally to the project would have very little impact upon the roadway and adjacent properties since the minimum setback is 225'. Mr. Rumpf pointed out that there are site plans already approved for phase 1 of the Renaissance Commons that are strictly residential and are no higher than 35 to 40 feet, which is allowed in that district. This is the area that is nearest to Sky Lake. There are no other residential properties abutting the Renaissance Commons PID. Ms. Daughtrey inquired if the height of the buildings on the Winchester property could go as high as the ones on the Motorola site. She asked if it could be stipulated that any buildings on the Winchester property could only be four stories high. Mayor Taylor pointed out that the City has not seen any plans for the Winchester property. ,Attorney Cherof responded that the Commission could not answer this because there is nothing pending before them other than the consideration of this Ordinance. Ms. Daughtrey requested that the Commission reconsider allowing seven stories. She did not feel that Congress Avenue could handle seven story buildings. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Diana Leever Guevara, 783 NW 11th Street, Sky Lake, has resided there for two years. Previously she attended meetings regarding greenways and bike paths and today the Commission is discussing six and seven story buildings. She noted with the new construction at Renaissance Commons this would generate a great deal of traffic on Congress Avenue. She felt that the mixed use should be limited to the downtown and she did not want to see seven story buildings on Congress Avenue. Brian Edwards, 629 NE 9th Avenue, Boynton Beach inquired if the residents in the City were ever asked about the height of buildings in the City. He was surprised to see that all these high rises were going up in the City. Patty Schultz, 1073 NW 11th Street, Boynton Beach, did not think that a large mixed- use development was appropriate for Congress Avenue. She felt it would be better suited along Ocean Avenue or downtown. Jaime Worrall, 1231 Gondola Lane, presented a petition signed by residents of Venetian Isle and Treasure Isle, which she read into the record expressing their opposition to the proposed zoning changes for high-rise buildings at the Motorola site. The petition is on file in the Office of the City Clerk. Scoff Spencer, 305 Venice Drive, Boynton Beach, is also a resident of Venetian Isle and enjoys his neighborhood and the views that surround it. He felt it was vital to maintain open greenspaces in the City and he was against these types of developments. Mike Fitzpatrick, 175 SW 2nd Street, Boynton Beach, favored higher elevations because it allowed for more greenspace, but he was opposed to increasing the density to 20 units per acre. He would like the City to remain at 10 units per acre. These large developments only benefit the developer and not the citizens of Boynton Beach. Debbie Coles Dobay, 1062 NW 6th Avenue, Boynton Beach, felt that the traffic on Old Boynton Road is already too heavy and this new project would greatly impact the traffic situation. Ms. Dobay stated that she researched the traffic study where the County determined that the project meets the performance standards. She did not think that the traffic generated by Motorola could be compared to this new project. Ms. Dobay recited accident statistics for the intersection of Old Boynton Road and Congress Avenue and for Old Boynton Road and Boynton Beach Boulevard. During the past five years accidents at these two intersections combined increased 165%. She would like to have the roadways improved to handle the increased traffic. Herb Suss, a resident of Boynton Beach, thought that seven stories was too high and would create a concrete jungle. It would also impact the quality of life in this area, as well as the traffic and city services. John Woodward, 304 Venice Drive, Boynton Beach, agreed with all the previous comments and asked if the Commission could still stop the process at this point. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16~ 2004 Mayor Taylor pointed out that they would be voting on the item after all the input has been heard. ,Joan Meissner, 1209 NW '13th Avenue, Sky Lake, read a petition signed by 130 residents opposing the changes to Renaissance Commons. Andy Guevarez, 783 NW 11th Street, Boynton Beach, agreed with everything that has been said tonight. Mr. Guevarez observes on his way home police officers writing traffic tickets all the way along Old Boynton Road east from Congress Avenue. This indicates that there is a problem because of the abundance of vehicles on that road. Jim Comparato, principal of Compson Development, stated that he is responsible for the development of the properties being discussed tonight. Mr. Comparato felt that there was a misconception of what is being discussed. He explained that the site plan for the project has already been approved and construction is now underway. The project is a three-story townhouse project and a four-story condominium project. The code allows a height of 45', but they are allowed to go higher for appurtenances on top of the building, such as access to elevators and staircases. The code being proposed tonight is a 55' height restriction, which is 10' higher than what is already allowed. Mr. Comparato noted that the property owners that spoke tonight are almost three football fields away from the proposed six-story building. They will be coming back for review for five and six story buildings. He would be glad to speak to the communities to explain their plans. The suburban mixed use zoning district being considered tonight is for Renaissance Commons. If they desired to have this same zoning for the Winchester property, they would have to go through the entire process again. Mr. Comparato felt it was important to delineate between the two projects. The townhouses in Renaissance Commons will front the communities. He feels that they have done everything possible to bring the height issue under control. He explained that the smaller buildings would be along the perimeter and would increase in height as you get closer to the center of the project. He explained that these types of developments are coming to the area and across the country. With regard to the discussions about the traffic, he explained that the new development does not exceed the number of trips that were allotted to Motorola. They will not be overburdening the roads. If they move forward with the Winchester property, this would also have to be reviewed and a traffic study would have to be done. At that point the public would be able to come forward and present their views. He felt it was very important that the suburban mixed use zoning district be approved. Mr. Comparato stated that he did ask staff to reconsider their position with respect to a department store (or big box user) on the site. He distributed language that he discussed with staff regarding the size of the units. A copy is on file in the Office of the City Clerk. The language that they are proposing deals with the size of the development on the proposed Winchester property and they would like to be able to have more intense commercial development. They would like to have an anchor at that location 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 that would be bigger than currently allowed. They would like to have two uses combined into one store, such as a grocery and department store. The stores would be combined into one building with one fa(;ade. He feels that this is an integral part of a mixed-use ordinance. Renaissance Commons is more residential, whereas the proposed Winchester property would be more retail. Terry liames, 656 NW 1st Avenue, Boynton Beach, noted that the City passed a 45' height limit. She requested that the Commission table this item to allow time to determine if the people in the City want seven story buildings. Laura Schultze, 1219 Isle Court, Venetian Isle, concurred with what has been said tonight with regard to height and traffic congestion. She pointed out that there is no need for any more commercial stores because many current stores are vacant. She did not want to see Renaissance Commons end up like City Place with empty stores. Scoff Spencer, 305 Venice Drive, Boynton Beach, is adamantly opposed to seeing this much commercial property on the Winchester property. He did not think that Old Boynton Road could handle the traffic increase. Jim Haney, 1055 Old Boynton Road, Boynton Beach, stated that the Commissioners are listening to the developers and not the people. Mayor Taylor closed the public hearing. Mr. Rumpf summarized the issue. He said that the City has to consider the trade off that they may have to deal with. Staff has worked very hard with the developer and it must be taken into account that Motorola is leaving. Mr. Rumpf felt that this was one way to offset the loss of industrial property values in the City. He pointed out that development will continue as the population continues to grow. With regard to the height situation, Mr. Rumpf explained that the maximum height in the City is 45'. The 55' is a maximum for a permitted use according to the zoning district and 75' would require conditional use approval. Mr. Rumpf further noted that staff has worked very hard to prepare the Ordinance to shape the future of the City as to what could be placed along arterial roadways. Commissioner Ensler inquired if the Ordinance could be amended to state that no height exceptions would be allowed. Mr. Rumpf said that the Commission could state this if they so wished. Secondly, Commissioner Ensler inquired if there was something in the Ordinance that would mandate a certain amount of greenspace within a development. Mr. Rumpf said that the floor area ratio addresses this. The floor area ratio states that the higher you go, the narrower it must be, thereby achieving more open space. There have been talks during the design process for phase 1 of the project to expand the perimeter buffer and internal linkages. 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Commissioner Ensler requested that staff consider, between tonight and second reading of the Ordinance, whether the two items he raised could be included in the Ordinance. Mr. Rumpf referred Commissioner Ensler to page 7 of the staff report that sets the minimum pervious areas. Motion Vice Mayor Ferguson moved to approve Ordinance No. 04-011. Motion seconded by Commissioner Ensler. Deputy Clerk Glinski called the roll and the motion carried 3-2 (Commissioners McCray and McKoy dissenting). RECESS WAS DECLARED AT 9:20 P.M. THE MEETING RECONVENED AT 9:30 P.M. Project: Agent: Owner: Location: Description: Renaissance Commons (CPTA 03-001) Kim Glas-Castro, AICP, Ruden McCIosky Compson Associates of Boynton II, LLC Southeast corner of Congress Avenue and Gateway Boulevard Request to amend the text of the Comprehensive Plan Future Land Use Element to establish a Development of Regional Impact (DRI) as a land use designation, and corresponding policies for the Renaissance Commons DRI (f.k.a. Motorola DRI) that documents its approval; uses, densities and intensities; and approved traffic generation (1sT READING OF PROPOSED ORDINANCE NO. 04-012) Attorney Cherof stated that public hearing Items E., F., G., H. and D.2 from the consent agenda could be heard together with the approval of the applicant. The Ordinances however would have to be approved by separate motions. Joan Meissner, 1209 NW 13th Avenue, Sky Lake presented the petition that she previously read to the Clerk. A copy of the petition is on file in the City Clerk's Office. Motion Commissioner McCray moved to receive and file the petition. Motion seconded by Commissioner McKoy and unanimously carried. Ralph Hayden, a resident of Sky Lake was concerned about the traffic and asked that comprehensive studies be undertaken, as well as looking at the effect that this would have upon the levels of City services. Mr. Rumpf explained that the applicant hired a traffic consultant and additional studies will be done in conjunction with each subsequent site plan. There have been traffic studies done for the projects that have been reviewed to date. 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Mr. Comparato said that he would be happy to answer any specific questions that people have. With regard to the traffic, a full traffic analysis was done and approved by the County. The report indicated that traffic would not be increased at Renaissance Commons over the traffic generated by Motorola. Attorney Cherof asked Mr. Comparato if he agreed to allow the Commission to consider all the items under one consolidated public hearing. Mr. Comparato agreed. Attorney Cherof read Ordinance No. 04-012 by title only. Motion Vice Mayor Ferguson moved to approve Ordinance No. 04-012. Motion seconded by Commissioner Ensler. Deputy Clerk Glinski called the roll and the motion carried 5-0. Project: Agent: Owner: Location: Description: Renaissance Commons (DRIA 03-001) Kim Glas-Castro, AICP, Ruden McClosky Compson Associates of Boynton II, LLC Congress Avenue south of Gateway Boulevard Request for Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRI project from Motorola to Renaissance Commons (1sT READING OF PROPOSED ORDINANCE NO. 04-013) Attorney Cherof read Ordinance No. 04-013 by title only. Motion Vice Mayor Ferguson moved to approve Ordinance No. 04-013. Motion seconded by Commissioner Ensler. Deputy Clerk Glinski called the roll and the motion carried 5-0. Renaissance Commons (MPMD 03-002), Congress Avenue, south of Gateway Boulevard - Request for Master Plan Modification approval to convert the former Motorola Planned Industrial Development (PID) to a Mixed-Use project consisting of residential, commercial and office uses in conjunction with the amendment of the Development of Regional Impact (DRI) (Heard out of Order) Motion Vice Mayor Ferguson moved to approve MPMD 03-002. Motion seconded by Mr. Ensler and unanimously carried. G. Project: Agent: Renaissance Commons (LUAR 03-009) Kim Glas-Castro, AICP, Ruden McClosky 28 Meeting Minutes Regular City Commission Boynton Beach, Florida Meeting March 16, 2004 Owner: Location: Description: Compson Associates of Boynton II, LLC Southeast corner of Congress Avenue and Gateway Boulevard Request to amend the Comprehensive Plan Future Land Use Map from Industrial (I) and Local Retail Commercial (LRC) to Development of Regional Impact (DRI) (1sT READING OF PROPOSED ORDINANCE NO. 04-014) Attorney Cherof read proposed Ordinance No. 04-014 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-014. Motion seconded by Commissioner Ensler. Deputy Clerk Glinski called the roll and the motion carried 5-0. Project: Agent: Owner: Location: Description: Renaissance Commons (LUAR 03-009) Klm Glas-Castro, AICP, Ruden McClosky Compson Associates of Boynton II, LLC Southeast corner of Congress Avenue and Gateway Boulevard Request to rezone from Planned Industrial Development (PID) and C-3 Community Commercial to Suburban Mixed Use (SMU) (1sT READING OF PROPOSED ORDINANCE NO. 04-015) Attorney Cherof read proposed Ordinance No. 04-015 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-015. Motion seconded by Commissioner McKoy. Deputy Clerk Glinski called the role. The motion carried 4-1 (Commissioner McCray dissenting). IX. CITY MANAGER'S REPORT: Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase (RETABLED TO 0,3/16/04) Motion Commissioner McCray moved to remove the item from the table. Motion seconded by Commissioner McKoy and unanimously carried. Dale Sugerman, Assistant City Manager, explained that the City Commission authorized five design-build firms to expand the West Water Treatment Plant from an 8 million gallon per day treatment plant up to a 16 million gallon per day treatment plant. The 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 wellfield will be expanded from seven wells to eleven. The purpose of the expansion is to ensure that there will be enough water for the future of the City. Mr. Sugerman reported that the East Water Treatment Plant will be retrofitted in the future. Tonight the Commission is being asked to approve the release of the basis of the design review to the five pre-qualified and approved firms to submit their bids for the expansion of the West Water Treatment Plan. Mr. Sugerman referred to a memo dated March 16, 2004 from Mr. Bressner to the Commissioners that contained a schedule of the expansion program. Motion Vice Mayor Ferguson moved to approve. Motion seconded by Commissioner McCray and unanimously carried. Mr. Bressner announced that a workshop has been scheduled for April 12th dealing with both plants. B. Senior Center Fee Study Mr. Bressner noted that this item dealt with whether the Commission felt it was feasible to charge a fee for use of the Senior Center for non-residents of Boynton Beach. Previously staff furnished the Commission with statistics showing how many people used the Senior Center and recommended a $40 per year participation fee, effective January 2005. Over 3,000 citizens use the facility, but not everyone is a resident of the City. If the Commission so desired, staff could conduct a rate study and bring this back to the Commission. Mayor Taylor did not think it was necessary to do any more rate studies. He pointed out that the City residents are paying for the Senior Center and that non-residents should be charged at least $40 to utilize these services. Commissioner McCray inquired how the City would deal with any seniors that had a hardship and could not afford the fee. Mr. Bressner noted that a hardship case would involve the meal program and there is no charge for meals. If it were other hardships for non-residents, they would not be able to participate in the program. Commissioner McCray also asked if non-residents would still be able to receive the free screenings and programs that are offered. Mr. Majors, Recreation and Parks Director, responded that non-residents would still be eligible for those programs. Motion Commissioner McCray moved to approve the $40 annual fee for non-residents. Motion seconded by Commissioner McKoy. Herb Suss asked why the fee could not be instituted by July 1,2004. 3O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Mr. Majors explained that they have to develop an identification card system and they have included the expense in their budget that begins October 1st. The equipment will cost approximately $5,000. After the equipment is received, staff needs to be trained and time is needed for this purpose. Mayor Taylor inquired if the City could use the equipment it currently uses for its employees. Mr. Majors explained that the City's identification system is through the Police Department and he was not certain if they could handle this task. Mr. Bressner added that it was important for the Senior Center to have its own standalone equipment. Vote Motion carried 5-0. Shirley Jaskiewicz, 1917 SW 13th Avenue, Boynton Beach, asked if this would also apply to the Madsen Center. She noted that many non-residents also use this facility. Mr. Bressner responded that they would be looking at the Madsen Center as well. C. Approve final plan for Southeast Neighborhood Park as shown in PowerPoint presentation Mr. John Wildner, Deputy Recreation and Parks Director, presented a PowerPoint presentation on the Southeast Neighborhood Park, a copy of which is on file in the Office of the City Clerk. This will be the first park located in this section of the City. He explained how the City came to acquire the property, which was a mango grove. The developer of Villa deSol on Old Dixie Highway was required under the Park's Dedication Ordinance to turn over land or pay a fee in lieu of land and the developer purchased 2.3 acres from the owner of the mango grove and turned it over to the City. The City tried to acquire the remainder of the mango grove, but was unsuccessful because the owner decided to sell the property for residential purposes. The City is pleased to have obtained the 2.3 acres and is planning a neighborhood park through partial funding from the Florida Recreation Development Assistance Program. Through community meetings, staff was able to come up with the amenities that residents would like to have in the park. Plans call for a children's playground, picnic shelter, picnic tables and a walking path connected to a new sidewalk along the length of SE 2nd Street. Also, there will be two lighted basketball courts, an open play field suitable for soccer and parking for 16 vehicles, water fountains, etc. Most of the landscaping will be native and several of the mango trees will be preserved. Mr. Wildner presented slides of the proposed playground apparatus. The swing sets will also include a swing for the handicap. There will be a railing around the entire playground and the surface will be poured rubber, similar to the playground at the Intracoastal Park. The colors will be coordinated throughout the site. The playground was planned around their motto, "We make life fun." Mr. Wildner noted that Barbara Meacham of the Parks Department designed the site in-house with assistance from the 31 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida March 16, 2004 Engineering Division. Staff and the Commission commended Ms. Meacham. If the plan is approved tonight, it is anticipated that the project would go out to bid in June with completion in December this year. Commissioner McCray asked if there were restrooms. Mr. Wildner noted that this was a neighborhood playground and it was determined that restrooms were not necessary. This had been discussed at the community meetings and the residents decided that they preferred not to have restrooms. Motion Vice Mayor Ferguson moved to approve. Motion seconded by Commissioner McCray and unanimously carried. D. Report on Palm Beach County Days Mayor Taylor, Commissioners McCray and McKoy, CRA Director, Doug Hutchinson, and City Manager Bressner attended the session. This event begins the legislative cycle in Tallahassee and provides City representatives an opportunity to meet with the Palm Beach County Legislative Delegation. They will be tracking 20 bills that may affect Boynton Beach. They had an opportunity to speak to County officials about the traffic concurrency issues in the downtown. They spoke with representatives from the School Board regarding Galaxy School, and with legislators concerning some issues with Bethesda Hospital. X. FUTURE AGENDA ITEMS: Joint City Commission/CRA Workshop (March 30, 2004 - 6:30 p.m. - Library) Stormwater ERU (April 7, 2004) C. Condition Assessment- Boynton Woman's Club (April 7, 2004) D. Discussion of establishment of Arts Commission (April 7, 2004) Eo City Commission Workshop regarding Utilities Projects (April 12, 2004 - 6:30 p.m.- East Water Treatment Plant) City Commission Workshop regarding Capital Improvement Projects (April 19, 2004 - 6:30 p.m. - Library) Discussion regarding Non Quasi-judicial Advisory Board Consolidation (April 20, 2004) H. Status Report on Old High School (April 20, 2004) Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) 32 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 XI. XlI. K. NEW BUSINESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Ordinance No. 04-002 Re: Amending Land Development Regulations, Chapter 2 "Zoning," Section 8. M-1 Industrial District 4. Conditional Uses, by creating a new subsection f to include dance instruction as a conditional use Attorney Cherof Read proposed Ordinance No. 04-002 by title only. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner McKoy. Mayor Taylor announced the public hearing. Penny Greenly, the owner of Southern Dance Theater in Boynton Beach, asked that the Commission allow dance schools in the M-1 Zoning Districts. Ms. Greenly noted that this item had been previously approved as a permitted use and now it is going forward as a conditional use. She respectfully asked that the Commission approve the item. Vote Deputy Clerk Glinski called the roll. The motion carried 5-0. 2. Proposed Ordinance No. 04-003 Re: Adopting the Ocean District Community Redevelopment Plan Attorney Cherof read proposed Ordinance No. 04-003 by title only. Mayor Taylor announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner McCray moved to approve proposed Ordinance No. 04-003. Motion seconded by Commissioner McKoy. Deputy Clerk Glinski called the roll and the motion carried 5-0. 33 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Proposed Ordinance No. 04-004 Re: Abandonment of a portion of the Quantum Boulevard right-of-way Attorney Cherof read proposed Ordinance No. 04-004 by title only. Mayor Taylor announced the public hearing. Louis Kanner, representing the applicant, was present in support of the Ordinance. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-004. Motion seconded by Commissioner McKoy. Deputy Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9-24, "Requirements for high-rise buildings and buildings with six or more stories Attorney Cherof requested that this be tabled to allow for additional review of the economic impact and the impact on development and redevelopment. Motion Vice Mayor Ferguson moved to table. Motion seconded by Commissioner McCray and unanimously carried. Proposed Ordinance No. 04-006 Re: Amending Chapter 2 of the Code of Ordinances to add a new Article Xll entitled Quasi-Judicial Boards; establishing a procedure for creation, consolidation and abolishment of quasi-judicial boards; appointment of members to quasi-judicial boards; board duties and responsibilities and terms of board members Attorney Cherof read proposed Ordinance No. 04-006 by title only. Mayor Taylor announced the public hearing. Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning and Development Board complimented the Commission for the fine work that it has been doing. He pointed out that the work that the Planning and Development Board does is very important and the Board approaches it seriously. They have a lot to study and are proud to bring their recommendations to the Commission. He felt it was important that the Board make their decisions without any interference or worrying if they have made the right decision. 34 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Mr. Casaine felt that it should be the responsibility of the members of the Planning and Development Board to elect their Chairman and Vice Chairman. He respectfully requested that the Commission reconsider the Ordinance before them that would place the responsibility of electing the Chairman and Vice Chairman with the City Commission. Mike Friedland was concerned about the wording in Section 2-161 of the proposed Ordinance. He did not think that the Commission should elect the Chair and Vice Chair of the Planning and Development Board and members of the Board are upset about this. The Commission appoints the members and then the members appoint the Chair and Vice Chair and this has always worked well. He is a proud member of the Planning and Development Board and the members make their decisions on the information provided to them without any problems. The meetings are well run and they are cognizant of the audience and the applicants. He also pointed out that the Commission could veto any decision that they make. He requested that everything remain status quo and that they be allowed to continue to elect their own Chair and Vice Chair. Lee Wische, 1302 SW 18th Street, Boynton Beach, is Chairman of the Planning and Development Board. He, along with all the other Board members, are upset about the change in Section 2 of the proposed Ordinance that would give authority to the Commission to elect the Chairperson and Vice Chair. He pointed out that the Planning and Development Board serves the City with pride, dignity, respect, fairness and compassion to everyone that comes before the Board, keeping the best interests of the City in mind. They have received numerous compliments on how they conduct business and for their professionalism. He noted that the members are appointed by the Commission and provide the Commission with their input and recommendations. Most of their recommendations have been accepted and very few denied. He felt that it would be more appropriate if the Board members selected their own Chairman and Vice Chairman. He requested that this section of the Ordinance be deleted. He concurred with the remainder of the Ordinance. Mr. Wische submitted a letter signed by all Planning and Development Board Members opposing this change and requesting that Section 2-161 of the proposed Ordinance be deleted. Mr. Wische also read into the record a letter dated March 15, 2004 from the Office of the City Attorney of Boynton Beach to him. The letter included the results of a survey compiled by the City Clerk's Office regarding appointments of board chairpersons and vice chairpersons of other municipalities. A copy of the letter with the survey is o file in the Office of the City Clerk. He noted that the municipalities surveyed indicated that almost all of those Boards elect their own chairs and vice chairs. Jim Miriana, 728 NE 8th Avenue, Boynton Beach, has served for over 16 years on quasi-judicial boards. Mr. Miriana agreed with what the previous people spoke about. He requested that the Commission look at all the work that Board members do and to give them their deserved respect. 35 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Mike Fitzpatrick, 175 SW 2nd Street, agreed with what has been previously said regarding the selection of the Chair and Vice Chair. He also had an issue that only affects him that appears in Section 2-167. That section states that "no city employee shall be appointed to or serve on a Board that conducts quasi-judicial hearings." Mr. Fitzpatrick felt that this sends a message to City employees that the Commission regards them as second-class citizens and not part of the democracy practiced in Boynton Beach. He requested that the Ordinance be amended to allow him to serve his City. Commissioner McCray did not want this to turn into a political fiasco. He noted that they have difficulty getting people to serve on Boards now. When people are appointed to Boards they are appointed in good faith, are qualified to do the job and receive no remuneration. Since the system has worked all this time, he did not see a need to change it. Commissioner McKoy noted that there is language in the proposed Ordinance that the Commission can remove anyone from the Board. Because the Boards work well together and the Commission appoints the members, he felt that the Planning and Development Board should continue to elect their Chair and Vice Chair. With regard to City employees serving on quasi-judicial boards, he agreed with Commissioner McCray that they have difficulty getting people to serve on Boards. He would like to amend the Ordinance to state "no more than one City employee could serve on a Board at the same time." He would like to put that in a motion. Mayor Taylor said that he could not support Commissioner McKoy's request to allow a City employee to be a member of a quasi-judicial Board and thought this could bring up some legal issues. He was in favor of the Commission appointing the chairs and vice chairs that would provide an opportunity to rotate the chairs and vice chairs. Mayor Taylor also noted that this change pertained to all quasi-judicial boards, not only the Planning and Development Board. Commissioner Ensler asked Attorney Cherof if the removal clause was the same as the current clause. Attorney Cherof stated that there is no specific clause now that deals with removal, but the Commission does have the authority to remove a member. Commissioner Ensler noted that the Commission appoints the Chairman and Vice Chair of the Community Redevelopment Agency, which is a quasi-judicial board. He felt that the Ordinance would provide consistency for all the quasi-judicial boards. He also thought that having a City employee serving on a quasi-judicial board could cause conflicts and noted that there are several other Boards that City employees could serve on. Motion Mr. Ensler moved to approve proposed Ordinance No. 04-006. the gavel and seconded the motion. 36 Mayor Taylor passed Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 't6~ 2004 Commissioner McKoy moved to amend Ordinance No. 04-006 by allowing no more than one City employee to serve on any Board at any one given time and to remove the section that gives the Commission the authority to appoint the Chair and Vice Chair of the Planning and Development Board. Mr. Bressner asked for clarification regarding the second half of Commissioner McKoy's amendment. He asked if Commissioner McKoy was leaving in the term limitation language and Commissioner McKoy stated that he was leaving this in. Also, Mr. Bressner asked Commissioner McKoy if he agreed with the language that stated "The Chair or the Vice Chair of a Board may be removed as Chair or Vice Chair prior to the expiration of his or her appointment by a majority vote of the Commission. Removal of the Chair or Vice Chair will have no effect on their status as an appointed member of the Board." Mr. Bressner pointed out that if the Ordinance was going to be amended to allow the Boards to elect their Chair and Vice Chair this language should also be deleted from the Ordinance. Commissioner McKoy stated that he wanted the Boards to be able to elect their own Chair and Vice Chair and any language that should be eliminated should be. Mr. Bressner stated that the language should then be modified to state: "The members of the Board shall appoint the Chair and Vice Chair and the term of the appointment of the position of Chair is one (1) year..." The language that the Commission may remove them would remain and Commissioner McKoy agreed to this. Attorney Cherof noted that in Section 2-161, line 46, states that the appointment would occur in March of each year. It should be changed to April of each year so that their terms would commence in May. Commissioner McCray asked for clarification that the Commission would not appoint the Chair or Vice Chair and Mayor Taylor stated that this was in the amendment. Vote Commissioner McCray seconded the amendment to the motion. Deputy Glinski called the roll on the amendment to the Ordinance. The amendment passed 3-2 (Mayor Taylor and Commissioner Ensler dissenting). Mayor Taylor called for a vote on the original motion. Attorney Cherof stated that they would be voting on proposed Ordinance No. 04-006, as amended. Motion Commissioner McCray moved to approve proposed Ordinance No. 04-006, as amended. Motion seconded by Commissioner McKoy. 37 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 1.6, 2004 Mr. Bressner explained that the motion on the floor is to approve an Ordinance that would modify the manner in which quasi-judicial Boards operate in the City. The ordinance before the Commission has been amended as follows - Section 2-161 will state that each Board in April of each year, commencing April 2004, shall appoint the Chair and Vice Chair of all Boards. The term of appointment to Chair or Vice Chair of a Board is for one (1) year commencing the first of May following appointment. Board members may be appointed to consecutive terms as Chair or Vice Chair, not to exceed three (3) consecutive terms. The second paragraph of this section would be deleted. · Section 2-167, subparagraph 2, will state that not moro than one City employee shall be appointed to or serve on a Board that conducts quasi-judicial hearings. Attorney Cherof explained that a "yea" vote would be to adopt the Ordinance with the language he read and a "nay" vote would be to not adopt the Ordinance. Vote Deputy Clerk Glinski called the roll. The Ordinance failed 2-3 (Vice Mayor Ferguson, Commissioner Ensler, Mayor Taylor dissenting). Mr. Bressner reported that everything remains status quo and there is no Ordinance governing the quasi-judicial Boards, other than what is stated in the current Code. This means - v' The quasi-judicial Boards would have no term limit on the Chair and Vice Chair. v' The quasi-judicial Boards would continue to appoint their Chair and Vice Chair. v' The Commission would have the de facto authority to remove Board members. Proposed Ordinance No. 04-007 Re: Approval of an Ordinance enacting a written proceduro for conducting and giving notice of quasi-judicial hearings Attorney Cherof road proposed Ordinance No. 04-007 by title only. Attorney Cherof noted that this was the Ordinance that dealt with the distance for notification. Commissioner McCray inquirod if the Ordinance should be amended to 1,000 feet. Attorney Cherof stated that this would be Section C-1, on line 15, page 2 of the Ordinance. Mr. Rumpf felt that this needed more discussion and inquired if this would apply to all legal advertisements or only to rozonings. Mr. Bressner did not think that any modification was necessary and that 400' was adequate. He noted that there are also legal advertisements in the newspapers and the property is posted. 38 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-007. Motion seconded by Commissioner McCray. Mayor Taylor announced the public hearing. Harry Woodward, 685 NE 15th Place, Boynton Beach, was surprised at this vote since there were so many people present tonight that said they did not know what was going on next door to them until they saw ground being broken. He said that it is very difficult to find notices in the newspapers and when rezonings were involved the distance should be more than 400'. Commissioner Ensler recommended that this be revisited at a future date. Vote Deputy Clerk Glinski called the roll. The motion carried 5-0. Proposed Ordinance No. 04-008 Re: Amending Chapter 2-13.2(C) of the Code of Ordinances, amending the procedure for the appointment of the chair and vice chair of the Community Redevelopment Agency Attorney Cherof read proposed Ordinance No. 04-008 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-008. Motion seconded by Commissioner Ensler. Mayor Taylor asked what the purpose of this Ordinance was since the Commission always appointed the Chair and Vice Chair of the Community Redevelopment Agency. Mr. Bressner explained that the Ordinance defines a procedure and sets term limitations for the Chair. Attorney Cherof noted that the Statutes provide that the Commission appoint the Chair and Vice Chair. Vote Deputy Clerk Glinski called the roll. The motion carried 5-0. Proposed Ordinance No. 04-009 Re: Creating a new Subsection 2-92 within Chapter 2, "Administration," of the Code of Ordinances, providing for the consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board and amending Chapter 15, Article VIII to change all references to "Nuisance Abatement Board"to "Code Compliance Board" 39 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Attorney Cherof read proposed Ordinance No. 04-009 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public headng was closed. Motion Vice Mayor Ferguson moved to approve Ordinance No. 04-009. Motion seconded by Commissioner McKoy. Deputy Clerk Glinski called the roll. The motion carried 5-0. Proposed Ordinance No. 04-010 Re: Consolidation of powers of the Building Board of Adjustment & Appeals with the Planning & Development Board Attorney Cherof read proposed Ordinance No. 04-010 by title only. Sergio Casaine, 13 Meadows Parks Lane, member of the Planning and Development Board, recalled that at one time the Commission sent an appeal to the Planning and Development Board for reconsideration. Mr. Casaine inquired if this fell under that category. Attorney Cherof explained that this Ordinance would give the Planning and Development Board the additional powers that the Building Board of Adjustment and Appeals now has. The Planning and Development Board would now review cases involving interpretation of the building codes. Lee Wische, 1302 SW 18th Street, noted that in the early 1990's the Community Appearance Board was merged into the Planning and Development Board. In order to accomplish this, the Community Appearance Board was dissolved and the members of that Board were free to apply to other Boards. Mr. Wische inquired if this were the same case and was the Building Board of Adjustment and Appeals being dissolved. Attorney Cherof pointed out that the Building Board of Adjustment and Appeals would no longer exist. Commissioner Ensler noted that there are four people on the Building Board of Adjustment and Appeals whose terms go beyond 2004. He asked whether those people would have to apply for membership on the Planning and Development Board. Attorney Cherof stated that they would have to apply. Commissioner Ensler stated that the Building Board of Adjustment and Appeals has a requirement that members have certain skills to serve on that Board. He asked if those skills would be required on the combined Board and Attorney Cherof stated that they would. Attorney Cherof noted that the requirement of the Building Board of Adjustment and Appeals members is that they must be skilled in interpretation of the Code that requires them to hold one of the professional licenses approved by the State of Florida, 40 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 i.e., a building contractor, engineer etc. Mr. Ensler inquired if this would apply to all seven members and Attorney Cherof stated that it did. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-010. Motion seconded by Commissioner Ensler. Commissioner McKoy inquired if this meant that the Planning and Development Board members would also have to have these certifications. Attorney Cherof stated that they would because one of the provisions of the Ordinance is ratifying the local amendments to the Building Code. If the Commission did not want the Planning and Development Board members to possess these qualifications, they would have to amend the Ordinance. Vote Deputy Clerk dissenting). Glinski called the roll. Motion carried 4-1 (Commissioner McCray B. Ordinances- 1st Reading Proposed Ordinance No. 04-016 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre (503 N. Seacrest Boulevard) Attorney Cherof read proposed Ordinance No. 04-016 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-016. Motion seconded by Commissioner McCray. Deputy Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 04-017 Re: Rezone from C-2 Neighborhood Commercial to R-1-A Single Family (503 N. Seacrest Boulevard) Attorney Cherof read proposed Ordinance No. 04-017 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-017. Motion seconded by Commissioner McCray. Deputy Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 04-018 Re: Amending Land Development Regulations, Chapter 20 Buildings, Housing & Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 General Construction, Section 8, Subsection C.2, and Chapter 15 of the Code of Ordinances, Section 15-16 providing more specific criteria for exterior identification/numbering Attorney Cherof read proposed Ordinance No. 04-018 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-018. Motion seconded by Commissioner McCray. Deputy Clerk Glinski called the roll and the motion carried 5-0. C. Resolutions: Proposed Resolution No. R04-045 Re: Opposing the proposed amendment to Florida's Constitution known as the Florida Hometown Democracy Constitutional Amendment Attorney Cherof read proposed Resolution No. 04-045 by title only. Motion Vice Mayor Ferguson moved to approve proposed Resolution No. 04-045. Motion seconded by Commissioner McCray and unanimously carried. D. Other: 1. Appointment of Community Redevelopment Agency Chair and Vice Chair Mayor Taylor called for nominations for Chairperson of the Community Redevelopment Agency. Vice Mayor Ferguson nominated Don Fenton as Chairman of the Community Redevelopment Agency. Mayor Taylor nominated Vice Chair Jeanne Heavilin as Chairman of the Community Redevelopment Agency. Commissioner Ensler nominated Henderson Tillman as Chairman of the Community Redevelopment Agency. Mayor Taylor called for votes on the nominations. Jeanne Heavilin - Commissioner McCray voted in favor of Jeanne Heavilin Mayor Taylor voted in favor of Jeanne Heavilin Commissioner McKoy voted in favor of Jeanne Heavilin 42 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Henderson Tillman- Commissioner Ensler voted in favor of Henderson Tillman Don Fenton - Vice Mayor Ferguson voted in favor of Don Fenton Ms. Jeanne Heavilin was elected Chairperson of the Community Redevelopment Agency by majority vote. Mayor Taylor called for nominations for Vice Chair Commissioner McCray nominated Henderson Tillman as Vice Chair of the Community Redevelopment Agency. Vice Mayor Ferguson nominated James Barretta as Vice Chair of the Community Redevelopment Agency. Mayor Taylor nominated Don Fenton as Vice Chair of the Community Redevelopment Agency. Commissioner McKoy moved that the nominations for Vice Chair be closed. Mayor Taylor called for votes on the nominations: Don Fenton - Vice Mayor Ferguson voted in favor of Don Fenton Mayor Taylor voted in favor of Don Fenton Henderson Tillman - Commissioner McKoy voted in favor of Henderson Tillman Commissioner Ensler voted in favor of Henderson Tillman Commissioner McCray voted in favor of Henderson Tillman Henderson Tillman was elected Vice Chair of the Community Redevelopment Agency by a majority vote. 2. Intentionally left blank 3. Intentionally left blank 4. Proposed settlement - Vincent Molle and ^lene Molle vs. City of Boynton Beach and the Florida Department of Transportation - Case No. CA 01-07267-AG Attorney Cherof requested that the Commission approve a settlement stipulation that the City would pay the Florida Department of Transportation $10,000 in settlement of the case. In so doing, this would release any current or future interest that the City would have in Banana Way and a small triangular section of the retention area to the west of the Banana Boat parking lot. Attorney Cherof reiterated that he is recommending settlement. 43 3-16-04, Tuesday, 6:30 P.M., City Hall Commission Chambers Boynton Beach Commission Meeti~, ,g To the esteemed Members of The Commission - I want to thank the Boynton Beach Commission for the excellent work they do for the residents of Boynton Beach. I will now read Florida Statute 316.0085. The purpose of Florida Statute 316.0085 is to encourage governmental entities with property to make land available to the pubhc for bicycling. Govemmental entities means: The United States, the State of Florida, any county or municipality. The Florida Attorney General's Office referred me to the Florida Department of Transportation's Pedestrian and Bicycle Program regarding bicycle laws to Florida Statute 316.2065. The Florida Highway Patrol, Office of Public Affairs, also referred me to the Florida Department of Transportation's Pedestrian and Bicycle Program regarding bicycle laws to Florida Statute 316.2065. duties duties Florida Statute 316.2065 is titled Sidewalk riding. "When riding on a sidewalk or crosswalk, a bicyclist has the rights and of a pedestrian. Comment: Since a cyclist riding on a sidewalk does not have the (or rights) of a driver, he may ride in either direction." To the esteemed Members of The Commission - Is there any one among you of the esteemed Members of The Commission who are in open disagreement with Florida Statute 316.20657 If none among the esteemed Members of The Commission including our esteemed Police Chief of Boynton Beach, Marshall Gage, are in open disagreement with Florida Statute 316.2065 then I, REALITY, wish you all a wonderful night. The C' of Bo nton Beach OFFI('I,2 OF qrttE CITY _ BO I ~-VTO:¥ ~Jl~4 ( ¢H~ March 15, 2004 Mr. Lee Wische 1302 SW 18a Street Boynton Beach. FL 33426, Re: Public Records Request '- Pursuant to your request, attached is a copy of the results of a survey compiled by the City Clerk's office regarding appointments of board chairpcmon and vice chairperson. Should you have any questions or comments, please do not hesitate to contact me. · :rml Very truly yours, Rose Marie Lamanna Legal Assistant S:\CA\RAL\Records Re. qalest - Wische.dot A.~.~t-ERI'CA '8 ~Ld ~glJfS ~, Y PO ~ G Lr~LU~%.~REA3.[ ¢~ ¢,~ . 0 I rn ~0 Z .--I m ITl ~: Z 0 rn (3 -I EC 0 0 0 "o ITl 0 0 Z ~ 0 The City o Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manageffs Off we: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager~ci, boynton-beach.fl, us www. cl. boynton-beac~ fl. us To: From: Date: Mayor Taylor Vice-Mayor Ferguson Commissioner McCray Commissioner McKoy Commissioner Ensler Kurt Bressner, City Manager. S, Ar- March 16, 2004 Subject: Supplemental Information for City Commission As a follow-up to the pre-agenda meeting last Friday, please find the additional informational documents: Wilson Center Timeline - Report from Jeff'Livergood, dated March 16, 2004 West Water Treatment Plant Schedule- Report form Dale Sugerman, dated March 15, 2004 Hester/Library Security- Report from A.D. Henehan, Jr., dated March 15, 2004 and an e-mail from Wally Majors, dated March 16, 2004 Thank you. Cc: James Cherof, City Attorney Wilfred Hawkins, Assistant ,CitY Manager Dale Sugerman, Assistant City Manager CITY OF BOYNTON BEACH INTEROFFICE MEMORANDUM TO: Kurt Bressner, City Manager FROM: DATE: Jeffrey Livergood, Direc~~j~. March 16, 2004 t ' SUBJECT: Wilson Complex Timeline Under separate cover, Wilfred Hawkins, Assistant City Manager and I submitted to you our anticipated schedule of a number of major City capital improvements. However, I believe that additional discussion of the Wilson complex projects is warranted. The Wilson complex projects include a new Wilson Center, New/Renovated Pool and Building and a new Park area. Staff anticipates the following schedule: 1. Phase I Task Order approval by City Commission on March 16, 2004 2. Phase I Preliminary design approval by City Commission in July, 2004 3. Final Design Task Order approval by City Commission in July, 2004 4. Construction bid award in February, 2005 5. Project Completion in May, 2006 We have purposely scheduled this work to allow for City Commission review of the Phase I schematic design in July of this year. This will ensure that the project scope is clear to all parties and everyone has an opportunity for input into the design. As part of Phase I, we will receive schematic site plans showing building locations and other site amenities. We will be provided with building floor plans and exterior elevations. Thus, we will kmow what this complex will look like and how it will function. Moreover, we will be better able to identify costs of the final project by better monitoring the design development. Our consultant costs will also be better defined. Once we have defined the project scope as part of Phase I, our architect/engineer will be better able to identify their remaining costs for professional design services during the final design and construction phases. RECEIVED MAR 1 6 2004 'l CIIY MANAGER'S OFFICE CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: March 15, 2003 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Preliminary Schedule- West Water Treatment Plant- Phase 4 Expansion All things being equal, here is our current schedule associated with the Phase 4 Expansion of the West Water Treatment Plant: March 16, 2004 April 15, 2004 May 10, 2004 June 1, 2004 June 29, 2004 July, 2004 August 3, 2004 September 2, 2004 July 11, 2005 May 8, 2006 June 6 - October 3, 2006 July 21, 2006 August 5, 2006 City Commission releases the BODR Request for Bids is released Pre-bid Meeting No. 1 Pre-bid Meeting No. 2 Bid opening Bid review City Commission Meeting for bid award Notice To Proceed on final design Notice to Proceed on construction Substantial completion Initial operations Final acceptance Project close out Of course, any and all of these dates are subject to change. As you well know, we publish an updated schedule once per month. However, as of today, these are the dates that we are using as our current milestones. Should you have any questions or' should you need any additional information, please be sure to contact me directly. Dale S. Sugerman Assistant City Manager cc: Paul Fleming, Senior Project Manager RECEIVED MAR 1 5 2004 CITY MANAGER'S OFFICE Bressner, Kurt From: Sent: To: Subject: Hawkins, Wilfred Tuesday, March 16, 2004 11:15 AM Bressner, Kurt FW: security Recreation Dept. use of security guard. WH ..... Original Message ..... From: Majors, Wally Sent: Monday, March 15, 2004 3:11 PM To: Hawkins, Wilfred Cc: DeGraffenreidt, Mary; Le.]eune, Carisse; Farace, Virginia Subject: security Wilfred, We have used a security guard at Hester for more than 5 years. This person plays a significant deterrent role at this facility. As you know, Hester Community Park sits on 25 acres of land. There are many areas that are attractive for people who want to hide or act in an inappropriate manner. The facility is always busy. The parking lot is generally full. Unfortunately, we have had a reoccurring problem with cars being broken into or vandalized. This is a consistent concern. Other than the cost, there are no "cons" to this type of service. The security guard patrols the outside of the building, especially the parking lots, ball fields and playgrounds. This especially important considering the many youth activities we host at this facility. It minimizes loitering and card playing in the pavilions. It provides support for staff and deters many potential problems. Security service at Hester is essential for the safety of our participants and staff. Welly Internal Memorandum To: Kurt Bressner, City Manager From: A.D. Henehan, Jr., Assistant Library Director Via: Virginia K. Farace, Library Director Copy: Wilfred Hawkins, Assistant City Manager Date: 15 March, 2004 Subject: Bid Selection Process/Security Guard As per your request, the following is a description of the review and selection process for bids. Bid Process: Once all of the bid documents are received from potential contractors, all documents are reviewed, based upon three (3) simple criteria: 1) are all documents complete and do they fulfill all of the criteria of the City's bid specifications; 2) do bidders have experience relative to the bid specifications; and, 3) are the bid amounts submitted in terms of the services requested in the City's bid specification document. All contractors' submitted bid documents were subject to the above review criteria. Once it was detem-fined that all documents were in order, those bid proposals that met this criteria were included in a matrix for comparison. Finally, the bidder who met all of the criteria of the bid specifications and submitted the lowest bid amount was selected. In this case, Diamond Detective Agency, Inc. met all of the criteria and submitted the lowest bid amount by a significant amount. The four (4) lowest bid submittals were not from local companies. The Diamond Detective Agency, Inc. also had a wider range of experience, including local, state and federal contracts, than all of the other bid proposals. Many of the contracts that Diamond Detective Agency, Inc. executed were for airport security, including Palm Beach County. The services provided in these cases were very similar to those, which are required for the library .--patterned patrolling, surveillance and intervention. The final recommendation that Diamond Detective Agency be awarded the security guard service contract was based upon this process and the information provided by the bidder. Background: Prior to 1997, the Library had experienced periodic problems with the disruptive behavior of some of its customers. At times the problems were more serious than at others. In the spring of 1997, the Library experienced a number of incidents involving problem behavior of primarily young adults coming to the library, including fighting, excessive use of profanity, threatening behavior, and disruptive crowds. · Page I For a significant amount of the time, almost exclusively library staffmembers handled these incidents. In fact, library staff members were assigned security duty at night, taking them away fi.om serving the pubhc. At that time none of the assigned staff members had experience with, or training in, crisis intervention creating a high stress environment. The police were frequently called when there were situations that escalated beyond staff capabilities. For approximately four (4) years, this situation continued with only moderate success. One of the negative impacts of this situation was that the perception came into being with the general library public that the Library was a dangerous place to be and there were signs of decreasing usage by the older adult public. In 2001, a security company, Art Hall Protection Service, was contracted to help with the problem. Since that time, the environment in and around the Library has improved dramatically. To date, the behavioral problems experienced are for the most part minor in nature and there appears to be a renewed confidence on the part of the public regarding safety and security at the Library. ORen library customers tell us that the presence of a uniformed security officer creates the perception of a more secure environment. The Library has been fortunate to have security officers who have found it very easy to work with the young adults and to foster their respect. Many problems have been avoided through the proactive security officers. From our current vantage point, it is clear that had we had a uniformed security officer throughout the Library's troubling times the situation would have been much different. Now the Library's customers' have come to expect the presence of a uniformed security officer and are reassured by that presence. · Page 2 Page 1 of 1 Bressner, Kurt From: Bressner, Kurt Sent: Tuesday, March 16, 2004 3:14 PM To: Bressner, Kurt Subject: FW: tree concern This just in ...... sigh. ..... Original Message ..... From: Farace, Virginia Sent: Tuesday, March 16, 2004 2:53 PM To: Hawkins, Wilfred Cc: Bressner, Kurt; Costello, .]oyce; Hallahan, Kevin Subject: tree concern For your information, a non-resident, library-user, Jennifer Speich, has voiced her concern about the large banyan tree near the current library entrance. The tree has been approved for removal by the appropriate city process, to make way for the library expansion. Ms Speich would like the city to relocate the tree, possibly to Edward Harmening Park on Woolbright. Several city staff have been contacted by Ms Speich and each of us explained that it would be very expensive to try to move and save the tree. (Preliminary estimates range from $25,000 to $50,000.) It was further explained that money has not been included in the construction budget for moving the tree and that several other trees of this variety will remain on the site. Ms Speich said that she may approach the city commission to fund the relocation of that tree. 3/16/2004 -- ~7 Maximum footprint is 120,000 square feet. Elevation to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 1N THE EVENT TWO (2) OR MORE PRINCIPLE USES ARE CONTAINED IN THE SAME BUILDING, THE MAX]2v/UM BUILDING FOOTPRINT SHALL NOT EXCEED THE SUM OF THE MAXIMUM SQUARE FOOTAGE OF EACH PRINCIPLE USE WHEN PERMITTED SEPERATLY (I.E. DEPARTMENT STROE AND GROCERY STORE). 01/17/2~02 01:05 5617426259 PLANNING PAGE CITY OF BOYNTON BEACH NOTICING REQUIREMENTS: Where the ordinance to rezone or amend the future land use map would cover a total area equal to or less than five (5) percent of the city, owners of property within 400 feet of the subject property shall be notified ~s to: The nature of the application , The address or location of the property The time, date, and p~ace of the initial planning and development board (or CRA board) and City Commission hearings. Said notification shall be by regular mail and shal! be postmarked lm_t le~s than thirty (30) days prior to the hearing before the planning and development board (CRA board). (Ch2,Sec,9,C.8.b,) PETITION The below-signed, all being residents of The City of Boynton Beach, and as Homeowners and Members of The Sky Lake Property Owners Association, Inc., as Property Owners, Taxpayers and as Concerned Citizens, by their signatures below, hereby unanimously OPPOSE proposed changes, as follows: The Boynton Beach City Commission Meeting scheduled for March 16, 2004, Agenda, identifies the heading: Agenda number VI. Consent Agenda: "Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments., Item D. Ratification of Planning and Development Board Action:, No 2. "Renaissance Commons (MPMD 03-002), Congress Avenue .... "and, under the multiple headings: Agenda number VII. Public Hearing: Items D. Suburban Mixed Use Zoning District (CDRV 04- 002), E. Renaissance Commons (CPTA 03-001), F. Renaissance Commons (DRIA 03-001), G. Renaissance Commons (LUAR 03-009), and H. Renaissance Commons (LUAR 03-009), and in connection with the property owned by Compson Associates of Boynton II, LLC, located on Congress Avenue south of Gateway Boulevard and formerly more commonly known as Motorola DRI As further clarification, and more specifically oppose a height increase of building construction from 45 feet to 55 or 75 feet (4 stories to approximately 6 or 7 stories). SIGNED: Printed Name Address J Signa{/ure PETITION- Page Two Printed Name Address Signature Printed Name Addres~s ( _ ~ ~ Stgnatur~;/ .---- ~1~3 ¢~ U'~ / t' ¥"~'°~ Printed ~am~ ~ddress '/~~: Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Ad.ess Signature Phnted Name Address Signature Printed Name Address Signature Pri 4Nam ' , /~Sign" e. PETITION' Page Three Printed Name me Address- ~J t Address / Sig~t~ Printed Name Address Address Signature Printed Name Printed Name Address Signature ~fintedName' Address ' --- s~g~ature ~'~ - '/"- / Printed Name Address Si~ature Printed l~me A~tdress ' Signatur~ Printed Name Address ~igna~ure U -0 -- Printed Name Address Signature/ PETITION- Page Four Printed Name Printed Name Address Print~cl~ame Address Address Printed Name Signature Signature Signature Printed Name Add-ress ~t~gna't/u~'- ~__~ ~ ~ Printed Nam~ ..... Address' ' Signaler. cB Address S~g'nat~re ' Printed Name Address Printed Name Address ..... Signature,s) -- Signature fi~nte~d Name~ Printed Name Address Address Signature Signature PETITION- Page Five Printed Name Address Printed Name Signature Address Signature Printed Name Address Printed Name Address Printed Name Address Signature Signature Printed Name Address Signature Address Print Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature PETITION- Page Six Printed Name Address Signature Printed Name Address Printed Name Signature Address ;Si'~nature / Printed Name Address Signature Address Address Printed Name Printed Name Printed Name Address gnatu Printed Name Address Si~ cnn[ecl l,~ame aclclress z~lgnarure Printed Name Address Signature PETITION' Page Seven Printed Name Printed Name Address Address Si~ure Signature Printed Name Address '~-"~ignature Address '-Sig~l/ure Address Printed Name Printed N-~me Signatdge Printed Name Address Signature Printed Name [ anel/o Printed Name Address Address Printed Name 1~ ~/~ W~ Address Printed Name Address Signature Signatu~l:} Signature Signature Printed Name Address Signature Printed Name ' Address ~Signatur~ v Printed Name Address Signature Printed Name Address L/ Signature "x,~ Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature PETITION' Page Nine Printed Name Printed N~e Printed Name Address Address Signature Signatt~m) ~'~- J A"d-dress ~ ~gnature - Addres's ' - ~ignature Printed Name Address Signature Printed Name P-rin~ed ~m~" ' Address Address Printetl Name Address Address Printed Name Address Signature Printed Name Address Signature PETITION- Page Printed Name ..._J Address -- Signature Printed Name Printed Name Printed Name Address Signature Address S~gn Address Signature 1Jrinted Name, Addres'~ - Printed Name Signature Pn~nted Na~me Address Printed Name Address Signature Signature Printed Name Address ?Ol ,q,~l - Si PETITION' Page Eleven Signature // '" "' Printed Name A ddre s s S i gn at ure ( / Printed Name x'-'l~ n"~l Name Address P~h~'Name '- ' Address Phnted Name Address ~fint~d Name ~ Aadres5 Address Sig-~-tature il Signature Address Printed Name Address Printed Name Address Si.,gnature Signature Printed Name Address Signature ttrinted Name Address Signature Printed Nam~ [ ~&ess Printed Name Address Signature Printed Name Address Printed Name Address Printed Name Printed Name Address Address sig[atu~:~ - Signature Printed Name Address Signature ~m~e ~ '~Ad4'd/res/~s/j0 /~/~ure Printed Name Address Signature Printed Name Address Signature PETITION- Page Thirteen Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name P~nted Name Printed Name Printed Name Address Address Address Address Address Address Address Address Address Address Address Signature ,. Signature "Signature Signature/') Signature Sig~., ~ig~ature 0 Signatur4~ PETITION' Page Fourteen Printed Name Printed Name Printed Name Pnnted Name Address Signature __///n // ./' Signa~'~.~ [ - Address ~'~~~ Address ~'t~Yg/n~iure p OCt~ .... Address Signature Printed l~ame Address Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature Printed Name Address Signature PETITION- Page Printed Name A~ddress Signature-- Printed Name Address ~ Signatur~ ~ Address 'K--~Signature Printed Name Printed Name Address Address Signature Signature Printed Name Address Printed Name Printed Name AddressU Signature Signature ~rin~ed Name ~ C ~ Adc~ress Signatur% / ~ //' " // Printed Name Address Signature This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Boynton Beach City Commission RF_]ECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. PETITION NAME ADDRESS/SUBDIVISION SIGNATURE · . .:.. .... .. _.-. . _. . This petition is brought about by concerned homeowners in established neigborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinal reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Walmart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. 10. "' 12. 14. . .... , This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. -- This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. ,,~11 ~ / --.-/?¢.~_~. , ,.? , 32. ' This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. 43.,, 44. -f 46. 47. 48. 49. 50. This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges ;., the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges ~.~ the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department RE.~ECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. '7t 8Z This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department REJECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. 89. 4/ This petition is brought about by concerned homeowners in established neighborhoods that surround the Winchester property (Old Boynton Road and Congress Avenue) and the Motorola property (Congress Avenue and Gateway Boulevard). The petition challenges the City of Boynton Beach Planning and Zoning Department and their initial vote to approve zoning changes that would clear the way for higher rise condominium buildings (up to seven stories) to be constructed on the now vacant land. On February 25, 2004, the Sun-Sentinel reported that the Planning and Zoning Department of Boynton Beach voted unanimously (7 - 0) to recommend creating a zoning district for taller buildings and developments that blend housing with retail and office space in the suburbs. Currently such projects are allowed only in the city's downtown area. With the new zoning change, buildings could reach from 55 to 75 feet compared to the 45-foot limit. Until recently, former government officials supported a ban on structures greater than four stories because they believed that the residents of Boynton Beach wanted to enjoy a small town, quiet, and safe quality of life. The petitioners are gravely concerned for the quality of life in the existing neighborhood which were originally constructed to be Iow density areas. The addition of the shopping center that houses The Sports Authority and the Wal-mart Super Center already places a great strain on local traffic conditions. We believe that construction of such high-rise, high-density, condominiums will ultimately destroy the quality of life that residents bought into years ago. Higher traffic volume, widening of neighborhood streets, and the raising of speed limits will negatively impact the original neighborhood homeowners that moved here to enjoy a quiet, safe and peaceful quality of life. Property values will be at risk due to the negative connotation of high-density construction and the adverse conditions created by such additions. We understand that with growth comes the revenue the city of Boynton Beach will collect in the form of tax dollars. But the generation of revenue will come at the expense of the residents whose quality of life will be destroyed by the tremendous amount of construction growth in such a restricted area. We therefore ask the Planning and Zoning Department RE3ECT the above-mentioned zoning change and NOT allow the construction of higher rise condominium communities to take place on the parcels in question. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Westbrooke @ Boynton Mr. Jamie A. Gentile - Calvin, Giordano & Associates 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 300 townhouses on 32.16 acres in the Planned Unit Development (PUD) zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, just north of the LWDD Canal L-30 DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Apl~lj~cant /~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Plannin¢ city LOCATION MAP Attachment "A" LONE PINE RD 900 1800 2700 3600 Feet 0 ~o EXHIBIT "B" 000000000000000~ 00~00000000000 0000000000 0000000000000 ~~9~~~~ ~ ~zzzzzzzzzzzzz~ ~zzzzzzzz~co ~0 zzz==zzz=~~s~zz===z= ~ gg~~~g oooo~~<~ >>>>>>>> x~ ~~~ ZZZZZZZZ~~ Z~ZZZZZZ 0~00ooo0o0oo0~~ ZZZZZZZz ~~ zzzzzzzz ~ ~zz~--~~z ~zzzzzzzz ~~ ~ oo~zzzzzzzz ~ZZZ zz O m <~ z zzzzzzzz zzzzzzz ~~ ~;~ m CCCCCCCC CCCCCCC ~ ZZZZZZZZ ZZZZZZZ 00~000~ ~000000 ~ IIII1111 IIIIIII IIIIIIII IIIIIII IIIIIIII ~=~=~- ~==~- oo:ooo~ oo:oo~ ~ O~ m~ ~0 ~ ~0 m~ ~0 Z ~ 000000~ ~ O0 00~ 000~ 00~ O0 ~ =z p oo p ooo p oo ~ ooo ~ ~ ~ ~ z ~ z __ z ~ zz zz zzz CGA PROJECT No.:- O3-ABIB EXHIBIT "B" J I I1'~.ill I III I f'UI I Iil III I'1,1 Il III I ~111 III I I I'l,i III I I I! P,.I I ! I I ~,,,,-J I ,L? _~ I I ~lil,~__ ? '-,,,Id I I, EXHIBIT "B" ' o 0 t7 UNIT BUILDING CONGRESS TOWNHOIdE$ CITY OF BOYI~q'ON BEACH, FI.0RIDA BY: W~S'TBROOi(E COMMUNITIES. INC. EXHIBIT ,'B- CITY OF BOYNTON BEACH. FLORIDA BY: WESTBROOI<E COMMUNmES. INC. trn~ -EXHIBIT "B" BY: WESTBROOKE ¢OIdM~HrrlES, Ii,',, .EXHIBIT "B" m~ t UNIT BUILDING EXHIBIT "B" EXHIBIT "B" II t7 UNIT BUILDING CONGRESS TOV~ES CITY OF BOYNTON B~ FLORIDA BY: WES"~ROOKE COMMUNITES, INC. EXHIBI.T "B" {CO~IORESS ~S BY: WES]BROOKE COMMUNITIES, INC. EXHIBIT "El" ~>~r- -Im CITY OF BOYNTOfl BEACH, FLORIDA BY: WESTBROOKE COMMUNITIES, INC. iii II| CITY OF BOYNTON ~EACH, FLORIDA BY: WES~ROOKE COMMUNITIES, INC. P:~oJects~03451S Cone"ess Boynton Beadl\CADD flles~Drawln~s\O34S~.5-G-500-502-STTE.dw~, 02/04/2004 02:51:07 PM, P-,SHIELDS, HP I. aser.le~ 8150 I~ (L.~:t~).pc3 EXHIBIT "B" il i I !I Il P liti[ill!, :"l:'"f:: ~ lJ l!lll!J!lJJ~ ,lJlJllllll jJJJJ JJJ J III EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Westbrooke ~ Boynton File number: MSPM 03-013 Reference: 2~ review plans identified as a with a maior site plan modification with a February 11, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Provide a dumpster enclosure per the LDR, Chapter 2, Section 11.J.2.b. X 2. The minimum dumpster pad shall measure 10 feet x 10 feet. An inside X dimension of 10 feet is required at the gates to allow access for Solid Waste pickup (Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.). 3. Explain how recycling pickup will be accomplished. X 4. Adjust landscaping adjacent to dumpster enclosures to eliminate vertical X conflicts between the proposed Live Oaks and Solid Waste pickup. PUBLIC WORKS - Traffic Comments: 5. Show all proposed off-site improvements including: X Provide additional signal heads and modify the existing signals as necessary for traffic utilizing the proposed development entrance onto Congress Avenue. Construction of the traffic signal will be required prior to full build- out of the project; Provide complete details for construction for a southbound left-mm lane. 6. Permits will be required from Palm Beach County for work performed within X the Congress Avenue right-of-way and shall be required prior to issuance of any buildin~ permits issued by the City of Boynton Beach. ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission COA 03/19/04 2 DEPARTMENTS INCLUDE REJECT and at permit review. 9. Show all existing utilities on Site Development plan (Chapter 4, Section X 7.A.3). 10. Full drainage plans, including drainage calculations, in accordance with X Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting: 11. Permits may be required from FDEP, SFWMD, etc. for work adjacent to and X on the lake tract and conservation area. The applicant shall show that an environmental evaluation has been made, the appropriate agencies have been notified, and that they concur with the proposed construction. 12. Based upon environmental findings additional details and/or cross-sections X may be required, at the time of permitting, between the developed site and the conservation/preservation area to ensure protection from stormwater runoff. 13. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 14. All utility easements shall be shown on the Site plan and Landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public fights-of-way. 15. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 16. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16Co)). 17. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, COA 03/19/04 3 DEPARTMENTS INCLUDE REJECT whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 18. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 19. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 20. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 21. Chapter 3, Article IV, Section 3.0. of the Land Development Regulations X require Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. This includes utilit/es within the right-of-way of Congress Avenue and the force main connection from the lift station site (not identified on sheet C- 201). 22. Depict connection from the Lift Station into the City's collection system. X 23. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 24. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 25. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be COA 03/19/04 4 DEPARTMENTS INCLUDE REJECT firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. POLICE Comments: None X BUILDING DIVISION Comments: 26. Indicate within the site data the type of construction of each building as X defined in 2001 FBC, Chapter 6. 27. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 28. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 29. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 30. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 31. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 32. As required by the CBBCO, Part m titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each COA 03/19/04 5 DEPARTMENTS INCLUDE REJECT property line to the leading edge of the building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 33. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 34. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The number of bedrooms in each dwelling unit; · The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article II, Sections 26-34). 35. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 36. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; COA 03/19/04 6 DEPARTMENTS INCLUDE REJECT · The total amount being paid (CBBCO, Chapter 1, Article V, Section 3(0). 37. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 38. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 39. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. 40. Sheet G501 - Dumpster Detail - Shall comply with CBBCO, Chapter 7.5, X Article II, Section 5.J., Chapter 7.5, Article III, Section 9.A.9.A and City of BoTnton Beach Eng/neering Division Standard Drawing G-4. PARKS AND RECREATION Comments: 41. The plans indicate 300 Single Family Attached Homes. Using the formula X outlined in the Land Development Regulations, Chapter 1, Article 5, the Impact Fee is calculated as follows: 300 Single-family attached units x $771 ea. = $231,300 Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 42. Existing Trees Management Plan-17 Live Oaks - Sheets L401-IA03 X The Landscape Architect should show on these sheets the individual existing Live Oak trees that will be preserved in place or the relocated location elsewhere on the site. 43. 2.76-acre Lake Plantings - Sheet L100 X The applicant must design / install native species of upland trees, under stow and littoral plantings along 50% of the lake perimeter within the entire 20 foot COA 03/19/04 7 DEPARTMENTS INCLUDE REJECT wide lake easement. The upland and littoral plantings must be contiguous to each other and cover 50% of the lake perimeter. A cross-section of the design should be included on the landscape plan. 44. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 45. The berm height, width and slope for construction purposes should be drawn X on the plan. 46. Plant List- Sheets L400 - IA12, and Sheet L501 X All shade and palm trees on the Plant list must be listed in the specifications as a minimum of 12 foot-14 foot in height, three (3) inch caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12 foot -14foot to meet the three (3) inch caliper requirement (Chapter 7.5, Article II Sec. 5.C. 2.). 47. The landscape design must include the City signature trees (Tibochina X granulosa) at the project main entrance (Chapter. 7.5, Article II Sec. 5.C.3, 48. The Tree & Palm Planting Detail shown on Sheet L500, should include a X line on the drawings indicating where the: · Diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inch caliper at time of planting; · Overall height of the tree or palm is to be measured at time of planting; · Clear trunk, clear wood, or gray wood is to be measured at time of planting. 49. The irrigation system design should be low volume water conservation using X non- portable water. 50. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 51. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: COA 03 / 19/04 8 DEPARTMENTS INCLUDE REJECT 52. The project's required perimeter setbacks are as follows: Front - 40 feet; X Rear - 40 feet rear; and Side - 20 feet. On the site plan data table (sheet G500), indicate the required and proposed building setbacks to ensure compliance with this requirement (Chapter 2.5, Section 9.B.). 53. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. 54. The elevations must indicate the paint manufacturer's name and color code X (Chapter 4, Section 7.D.). On the elevation plans, include and label all major exterior finishes. Staff recommends using a color schedule to indicate the proposed building colors. Staff also recommends matching the project's building color(s) to the ones that are shown on the colored rendering. 55. On the enlarged landscape plans, ensure that the plant quantities match X between the tabular data and the graphic illustration. Also, ensure that cumulatively, the plant quantities on all enlarged landscaped plans equal the overall landscape plan. This can be accomplished at the time of permitting. 56. On the plant list of the enlarged landscape plan for the 7-unit building (sheet X L408), indicate the species of shade trees proposed within each rear yard. 57. On the plant list of the enlarged landscape plan for the 8-unit building (sheet X L409), indicate the species of shade trees proposed within each rear yard. 58. On the plant list of the enlarged landscape plan for the 9-unit building (sheet X LA 10), indicate the species of shade trees proposed within each rear yard. 59. On the plant list of the enlarged landscape plan for the 10-unit building (sheet X L411), indicate the.species of shade trees proposed within each rear yard. 60. Any proposed walls, fences, enclosures and similar incidental site structures X shall resemble, with respect to color and materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). 61. Above ground mechanical equipment such as exterior meters, utility boxes X and transformers shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 62. Staff recommends screening the A/C units with either landscaping or a knee X wall. Label the location of the A/C pads on the enlarged site plans at the time of permitting. 63. A note on the master plan (sheet Gl00) indicates that the freestanding X lighting fixtures would be made of "18-foot tall spun concrete poles". At the COA 03/19/04 9 DEPARTMENTS INCLUDE REJECT time of permitting, the detail of the typical light pole should resemble this note. If not, then submit a new detail and revise the note on sheet Gl00 to match the materials and dimensions indicated on the detail. 64. According to the Palm Beach County Traffic Division, it is suggested that the X City implement proper measures, through signing and striping, to enhance safety at the project access driveway, with emphasis on the southbound Congress Avenue traffic, turning left onto the site. No building permits are to be issued by the town, after the build-out date specified above (which is 2006). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance". The Engineering Division has reviewed the plan and determined that the County's suggestion can be accomplished during the time of permitting. 65. In order to maintain consistency with the previous apartment project (NWSP X 02-017) and to minimize substantial changes to this project, staff recommends reducing the allowable depth of the outdoor patios to five (5) feet (for those patios proposed in the rear yards of the three (3) buildings that abut the north- side landscape buffer along property line N89°58'02"W). 66. Staff understands that the smaller lot (of the two parcels) of the subject X property cannot be developed with townhouses. Therefore, staff would like to continue discussing with the property owner, the possibility of including the vacant lot into the City of Boynton Beach's future Greenways and Bikeways Plan. 67. Staff has met with the United States Post Office personnel and determined X that the project would be eligible for two (2) mail kiosk locations. Staff recommends incorporating two (2) mailbox locations into the design of the project at the time of permitting when a rectified site plan is required. The locations of the kiosks would be determined at that time. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 68. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 69. Applicant is to make full disclosure to potential buyers the fact that the X project is bounded on the south by a regional wastewater treatment facility. Provide the City with appropriate documentation of marketing materials and specific language to be placed in the typical closing documents to be used by the seller, prior to issuance of first building permit. COA 03/19/04 10 DEPARTMENTS INCLUDE REJECT 70. Applicant agrees to grant the City utilization of the 110-foot wide FP&L X easement for greenway purposes, through a restrictive covenant. Provide the City with appropriate documentation prior to issuance of first building permit. 71. Condition #65 is amended to reduce the buffer of the three (3) buildings X abutting the north property line (bi 89° 58'02") to ten (10) feet in depth. The ten (10) foot buffer shall be comprised of a two (2) foot berm with a five (5) foot fence and dense landscaping. MWR/elj S:~Planning~SHARED\WP~PROJECTS\Westbrooke (~ Boynton\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Renaissance Commons (fka Motorola) Kim Glas-Castro, Ruden, McClosky P.A. 222 Lakeview Avenue, Suite 800, West Palm Beach, FI 33401 /~~ DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT"B' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The APl~li~;~ant _/~_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The APl~i?ant's application for relief is hereby _~._ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:_~~ Clerk MOTOROLA (DRIA 03-(~01) Location Map EXHIBIT "A" PUD C3 C3 SITE Qi PARK E-4 CANAL EXHIBIT "B" TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS USE CATEGORY PLAN PLAN D.O. CHANGE & DATE OF CHANGE Site lo~fional ch~ges Acreage, including . drainage, RO W, easements, etc. · External Vehicle Trips . ADA Representations Runway (str~) Terminal '(gross square fe.~) Apron Area (gross squar~ feet) WPB:164987:3 EXHIBIT "B" Site locational changes Airport Acreage, including drainage, ROW, · easements~ etc. # External NA Vehicle Trips Airports' (cont.) I ~'°:'c'~;';'~'~+''' i II. , I1" ! " representations I#~ II ~^ '..il .... il ' I#~~'ll ...... !['" ~'"' '11" ' Building (gross square feet) Site locafional changes Acreage, including drainage, ROW, Hospitals easements, etC. External Vehicle Trips . ~.o.~o~o~ II ' ADA representations WPB:16498~:3 EXHIBJ'T "B" Acreage, 0 acres 10.3 acres including 87 acres (Ord. 02-061) drainage, ROW, 12/17/02 e~sements, etc. ** could be 128,000 s.f. Building (gross inUoduced into 850,000 s.f. (Ord' 02-061) square feet)' mixed-us~ 12/17/02 · Industrial development via utili~s~tion of U~ Conversion Matrix 'chemical storage (barrels and pounds) Site locafional changes # External vehicle trips Industrial (cont.) D.O. Conditions _JJ ,,_JJ ..... jj ADA Mixed-Use Industrial MultiPle Uso representations Project Park Project Mining Operations Acreage mined (year) Water withdrawal (~aVday) Size of mine (acres), including NA drainage, ROW, Site locational changes. WPB:164987:3 # External vehicle representation~ Acreage, 29.0 acres i~c]udi~g 41,24 ac~es o£ 0 acres (Ord. 02-061) 450,~ ~.f. B~l~g (~s~ 247,800 ~.~ 0 s.f. * (~d. 02-061) ~ f~t)' 1~17/02 o~ ~~~ II ,'"'11 '""" ~"' ': Si~ l~afion~ ch~ge~ ~ E~em~ ve~cle ~p~ ~ D.O. Con.flora ~.. Offi~ (~nt.) ~A m© ~thln - mpmsenmfio~ Md~ ~e Pe~le~Che~ 8to~e'C~aci~ 8to~e ~e~ ~gor . ~) ~ce ~ Nafigable Watem (fe~) Site locafio~ ch~ges WPB:164987:3 EXHIBIT "B'" Facilit7 Acreage, including NA drainage, ROW, easements, etc. # External vehicle trips ADA represcntation~ # Boat~, wet NA ~torag~ # Boats, dry storage. Dredge and fill Petroleum storage (gals.) Site l°cational changes i Ports (Marinas). Port Acreage, inclurllng drainage, ROW,' easements, etc. ii External vehicle trips ADA ' ! representations WPB:164987:3 EXHIBIT "B" 500 MF du's # Dwelling units 1551 MF du's 0 (Ord. 02-061) Multi-family Type of dwelling Multi-familY NA ' ' (Ord. 02~061) 1 2/17/02 Residential Acreage, . / ' including / · 33 acres RO~,!. 45.74 acres 0 (Ord~ 02-061) drainage, easements,, e~c. 12/17/02 Site locational changes . # External Vehicle trips Acreage, .29.0 acres including 41.24 acres of 0 acres (Ord. 02-061) drainage, ROW, mixed~use 12/17/02 cascmCllts~ etc. Floor Space 63,500 s.f. (gross square 213,000 s.f. 0 s.f. (Ord. 02-061) feet) 12/17/02 Service # Employees .... ~ .. ~ Site locafional changes # External vehicle r trips ADA representations WPB:164987.'.3 EXHIBIT "B" Floor space (gross square . feet) Site locational Hotel/Motel Acreage, . . including NA drainage, ROW, casements, crc. # External vehicle trips ~.o. oo=~o,, II . II representations Acreage, including NA drainage, ROW, easements, etc. .Btfilding~ (gross. ~.~ I#~,°~~ !1 il ....... Site locationtl # External vehicle ADA representatiom VVPB:164987:3 EXHIBIT "B" Site locational Open Space (All changes natural and vegetated TYP© of open ' ' non-impervious space surfaces) ................... ~ ............ ,- ADA representati°~s Site locafional changes Preservation, Buffer or ' ""'" ' ' " Special. ProteCtion Developmcnt of Areas site proposed representations WP8:164987:3 CONCEPTUAL MASTER PLAN PHASE I EXHitT "C" MA~3'ER PLAN-ADA 1979 LEGEND N.W. 22 Avenue Re~:~aational Area t :! mjb. Boynton Canal ~ M~O?OROLA BEACH COUNT~ FLORIOA OEVELOPMENT OF REGIONAL IMPACT .cOST. 8UCXt,EY, ~CHUH & JERNIGAN OIGIUIJAN. SPELI. A~. l MEYER MAP H- 1 SHEET 1 1-13 CONCEPTUAL PHASE III MASTER PLAN LEGEND N.W. 22 Aveme OT'OFIOLA BOY ON 8EACH. ~aALM 8EACH COUNT3', FLORIOA DEVELOPMENT OF REGIONAL IMPACT MAP H-3 SHEET 1 1-15 EXHItT "C" CONCEPTUAL MASTER PLAN PHASE !1 LEGEND FL W. 22 Ave~e ~ ~ n~3. Bo~nton <2and MOT'OROLA DEVELOPMENT OF REGIONAL IMPACT o MAP H-2 .SHEET 1 1-14 i1 ~t EXHIBIT "D" MOURIZ SALAZAR .~CI-~C~ & PLANERS EXHIBIT "D" i F- EXHIBIT "D" O~ Z EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2~ review plans identified as a Development of Regional Impact Amendment Master Plan with a January 27, 2004 Planning & Zoning Department date stamp .marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X ali utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide specific justification for the hi,th values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. Comments: None X POLICE Comments: None X ENGINEERING DMSION Coi~iients: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3.T. . BUILDING DMSlON Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DR0 and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: ~ ~ 1. To be determined. S:~PlanningXSHARED\WP~PROJECTS~Renaissance CommonsXDRIA 03-001/MPMD 03-002~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Subdivision Master Plan (MPMD 03-003) APPLICANT'S AGENT: Michael Weiner, Weiner & Aronson P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Request for modification of the subdivision master plan to convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto Zone). 3800 Hypoluxo Road SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Apl~li~cant _/~_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Ap[:)l~,.ant's application for relief is hereby /'~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance and conditions of this order. 7. Other ,~,~r~ "/~ ~;it~ C~lerk S:\Planning~SHARED\WP~ROJECTS\grove p aza\Grove Plaza MPIMD~6~uto Zone MPMD 03-003\DO Grove Plaza MPMD 03-003.doc 1 in. = 313.0 feet ~EXHISlT "A'" COUNTY PO LAWRENCE. RD LOCATION MAP AUTOZONE i! I I I I I Illll nJ~i:it ~. ::,:, :,iii llllllll [II lllllllllllllll~ lllllllllllll[ lljjyJl .~!.lllli!" l'llli :"'' EXHIBIT "C" Conditions of Approval Project name: Auto Zone File number: MPMD 03-003 Reference: 2nd review plans identified as a Master Plan Modification with a January 27, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 02/18/04 2 DEPARTMENTS INCLUDE REJECT 1. A revised traffic impact statement, prepared by Camahan, Proctor, and Cross, X Incorporated was sent to the Palm Beach County Traffic Division for their review and approval. This statement must be approved prior to the issuance of any building permits for the corresponding site plan for AutoZone (NWSP 03-028),. PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 2. None X CITY COMMISSION COMMENTS: 3. To be determined. elj S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza MPMD~Auto Zone MPMD 03-003~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · APPLICANT'S AGENT: APPLICANT'S ADDRESS: AutoZone at Grove Plaza Mr. Michael Weiner with Weiner and Aronson, P.A. 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: New site plan approval to construct a 7,180 square foot auto supply store on a 1.12-acre lot in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "F" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli,.cant ~ HAS -- HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App~li,?,ant's application for relief is hereby ~_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further, development on the property shall be made in accordance and conditions of thiS order. 7. Other DATED: ~ -'//~'-'~ S:~Planning\SHARED\WP~PROJECTS\grove plaza~Auto ).doc I in. = 375.0 feet n COUNTY PO SITE ~EXHIBIT "A" COU LAWRENCE RD LOCATION MAP AUTOZONE 'x. 'EXHIBIT "B" ,EXHIBIT "B" N iiI [~ :':: ILo: i! li:l 'I EXHIBIT "B" EXHIBIT "B" J~.~ llutdone STORE DEVELOPMENT J BOYm'ONBF. ACH FL ~ J]Vlrem~bis, T~nc~ 38103 EXTERIOR WALL ELEVATIONS ' . I MONUMENT ,~GN EXHIBIT "B" EXHIBIT "B" !ti EXHIBIT "B' EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Auto Zone File number: NWSP 03-027 Reference: 2~a review plans identified as a New Site Plan with a January_ 27, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: PUBLIC WORKS - Traffic Comments: X 1. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. ENGINEERING DIVISION Comments: 2. Show sight triangles on the Landscape plans using a 25 ft. sight triangle X (LDR, Chapter 7.5, Article H, Section 5.H.). 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5~ Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16~o)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. COA 02/23/04 2 DEPARTMENTS INCLUDE REJECT 7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Indicate on the floor plan drawing within the footprint of the building the X primary use of the building. If the building is an expansion of an existing building, indicate with the footprint of the new and existing building the primary use of the building. 14. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit COA 02/23/04 3 DEPARTMENTS INCLUDE REJECT shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST Comments: 17. The applicant must verify on the landscape plan that the existing trees / X vegetation & irrigation system within the adjoining 20' landscape easement is in accordance with the City approved Grove Plaza PCD master landscape plan. The applicant may be approved to install additional trees / vegetation in this area in conjunction with written approval from the property owner. 18. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed parking lot facility from the Hypoluxo Road and Grove Plaza service road rights-of-way. 19. The irrigation design should be low-flow for water conservation. All shade X and palm trees should receive irrigation from a bubbler source. [Environmental Re~ulations, Chapter 7.5, Article II Sec. 5A.] PLANNING AND ZONING Comments: 20. Approval oft his project is contingent upon the approval oft he accompanying X request for the Grove Plaza master plan modification (MPMD 03-003). COA 02~3~4 4 DEPARTMENTS INCLUDE REJECT 21. The width of the drive aisle must be increased to 25 feet. At the time of X permitting, revise the plans, including the detail as shown on PD2 of 2 to reflect the required back-up distance. 22. For new construction where a commercial district abuts a residential district, a X solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side yard. It shall be setback two (2) feet from adjoining property lines. Construction of said masonry wall shall be completed prior to the issuance of the certificate of occupancy (Chapter 2, Section 4.L). Staff recommends that the applicant work with the abutting property owner(s) (to the east) to raze the existing fence (on the abutting property) in order to construct a new buffer wall (on the subject property) in its place on the subject property. One wall as apposed to two (2) walls would be more in keeping with Crime Prevention Through Environmental Design (C.P.T.E.D.) principles. Staff further recommends that the required buffer wall be made of the same material, appearance, and color(s) of that of the master plan's existing buffer wall. 23. Provide accent shrubs along the screen wall (Chapter 7.5, Article II, Section X 5.J.). 24. The Palm Beach County Traffic Division reviewed the traffic generation X statement and has the following comment: A complete traffic study needs to be prepared and submitted to the City of Boynton Beach and Palm Beach County Traffic Division. The study must address all requirements of the Palm Beach County Traffic Performance Standards (Chapter 4. Section 8.F.). 25. On the landscape plan (sheet L-l), ensure that the plant quantities match X between the tabular data and the graphic illustration. 26. Staff recommends extending the row of Silver Buttonwood hedges (proposed X on the north side of the building) to the west so that hedges would grow underneath the glass front. In any case, foundation landscaping (along the sides of a building) shall be placed in a strip of land not less than five (5) feet in width. 27. Sheet PD-2 indicates that a berm will be provided along the north property X line but is not depicted as such on the landscape plan (sheet L-I). The front (north) landscape buffer should have a berm (consistent with the Grove Plaza Master Plan Guidelines). The City Forester / Environmentalist will review and oversee the installation and dimensions of the earthen berm. The plant material proposed within the front landscape buffer should be installed both on top and on the street side of the berm. 28. The proposed freestanding outdoor lighting fixtures shall be consistent with X the Lighting Design Guidelines as outlined in the Grove Plaza Master Plan (see Exhibit "D"). 29. The detail of the outdoor freestanding monument sign does not indicate the X COA 02/23/04 5 DEPARTMENTS INCLUDE REJECT proposed sign area. It can be no more than 60 square feet in area. This dimension on the detail is required in order to determine its compliance with the Design Guidelines of the Grove Plaza Master Plan (see attached Exhibit "D"). The base of the monument sign must be white or off white and shall be enhanced with colorful groundcover plants and a minimum of two (2) shrub species (Chapter 7.5, Article II, Section 5.0.). 30. Staff recommends continuing the masonry split face block work (proposed on X the lower portion of the building) into the design of the building's faux columns as high as to the proposed score line (1-inch exterior insulated finish system projection) and installing awnings over the windows on the north faqade that are similar if not identical to the carwash's awnings. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 31. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 32. To be determined. MWR/elj S:\Planning\SHARED\WP~PROJECTS\grove plaza~Auto Zone\NWSP 03-027~COA.doc EXHIBIT "D" Ground Sign Detail Note: · Single faced ground sign shown. Ail ground signs will require planter extended around entire sign base. · Maximum height of eight and one-half (8.59 feet indzides planter height- Maximum size of ground sign face (copy area) shall be sixty (60 st) square fee~ · Ground signs are allowed within fifteen (15') foot buffer, however must maintain a minimum ten (109 setback nHT~NG DESIGN GUIDELINES OVE PLAT.~MAS~R PLAN ton Beach, Florida 2 EXHIBIT "D" Typical lighting fixture detail HAND HOLE BOLT COVER (wrm .POUr) SCHEDULE DESCRIFqlON: FIXTURE TYPE. L, UdP. WATTS, DIFFUSER ANO MOUNTIHO AS NOTED 'ON 'LIGHT RXTURE SCHEI~'. POLE: HEIGHT AND SCHEDULE"'. STRAIGHT S(R~AREALU~NUM POLE 11" DIA. BOLT CIRCLE 4" WIRE LUG BOLTED TO LIGHT POLE BOLT FURNo BY POLE MANUF*ACI'URER GROUND CLAMP 8 COPPER ~NO raRE-l/2' I ~5/8' x 10' 3.000 P.SJ. MIN. - NATURAL CONCR~:I'E - BROOM FINISH DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE PROJECT NAME: APPLICANT'S AGENT: CITY OF BOYNTON BEACH, FLORIDA Boynton Beach Cancer Center (fka Woolbright Medical Building) , Mr. George G. Gentile - Gentile, Holloway, O Mahoney & Associates, Incorporated APPLICANT'S ADDRESS: 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 6,851 square foot building on a 0.39-acre parcel in the C-1 zoning district. LOCATION OF PROPERTY: Northwest corner of Woolbdght Road and Southwest 22nd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The AppJicant _~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. o The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App!icant's application for relief is hereby ._~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. o All further development on the property shall be made in accordance with and conditions of this order. 7. Other DATED: 3---f'~-'--~ S:~Planning~SHARED~WIAPROJECTS~,Boynton Beach Cancer CemerX2qWSP 03-029~DO.doc Clerk I in. = 265.3 feet N CONGRESS AV C1 R3 C3 PCD LOCATION MAP BOYNTON BEACH CANCER CENTER z '0 ! ! EXHIBIT "B" EXHIBIT "B" · · EXHIBIT "B" EXHIBIT "B" ~ V, IOOLBP,,IGHT P.,O A P I ® LAKE ~,'OR'FH DP, AINAGE LATERAL CANAL 26 EXHIBIT "B" Z Everett ~TON B~CH, FL~DA · · EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Cancer Center File number: NWSP 03-029 Reference: 2na review plans identified as a New Site Plan with a February 6, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Revise the note on Sheet 4 of 8 to indicate compliance with City Standard X Drawing "K" series. ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. 5. On the site plan, staff recommends labeling the southernmost parking spaces X as designated for "employee parking" due to the lack of a "bump-out" in the design of the parking lot. UTILITIES Comments: 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. COA 02/23/04 2 DEPARTMENTS INCLUDE REJECT 7. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 8. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application FIRE Comments: 9. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 10. On Water & Sewer Plan (sheet 5 of 8) an existing ten (10) inch WM is shown X coming from the south with a ten (10) inch x six (6) inch tap for the hydrant supply. The existing WM coming from the north is shown as an eight (8) inch. Show the location of the reducer. POLICE Comments: None X BUILDING DIVISION Comments: 11. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. COA 02/23/04 3 · DEPARTMENTS INCLUDE REJECT 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application (CBBCO, Chapter 26, Article II, Sections 26-34): · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · The total amount paid and itemized into how much is for water and how much is for sewer. 17. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 18. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 19. Sheet A-1 - Light Pole Detail - The design of the light pole shall be designed X to withstand 140 mph wind load as mandated in 2001 FBC, Section 1606. Submit calculations to verify compliance. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 20. The Details sheet section on this page should include a line indicating where X the height, caliper ~ DBH, and clear trunk (ct) area of the shade tree will be measured at time of planting and inspection. 21. The applicant should show on Sheet L-2 on the elevation cross-section detail X the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually, buffer the proposed driveway / parking COA 02~3~4 4 DEPARTMENTS INCLUDE REJECT lot facilit~ from the Woolbril~ht Road and S. W. 22ud Street ri~,hts-of-Ways. PLANNING & ZONING Comments: 22. A traffic impact statement for this project was submitted and sent to the Palm X Beach County Traffic Division for their review and approval. The Division sent the following statement: The Year 2002 build-out date on the previous approval has passed, and since the project is expected to generate more than 20 peak hour trips, it is required to submit a new traffic study (not just a trip generation statement) and address all TPS requirements. The study must include a new build-out date, which will be used as the basis of the new traffic analysis. Be advised that the Palm Beach County TPS requirements was modified in April 2003, and all TPS related traffic analysis are now peak hour based. At this time, the project is still under review and staff has not received confirmation from the Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. No building permits would be issued until staff receives this confirmation from the County. 23. The configuration of the parking lot must be consistent on all plans. X 24. The detail of the outdoor freestanding lighting fixture (shown on sheet ES-l) X should indicate the material and dimensions of the structure. This should be shown on the plan at the time of permitting. 25. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 26. The freestanding monument sign must be setback at least 10 feet from the X east and south property lines (Chapter 21, Article ffl, Section 5.). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 27. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: ~ ~ 28. To be determined. MWWelj S:~Planning\SHARED\WP~,PROJECTS\Boynton Beach Cancer Center~NWSP 03-029\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: CITY OF BOYNTON BEACH, FLORIDA Jefferson @ Boynton (fka South Congress Residential (SPTE 03-006) Mr. Kieran J. Kilday with Kilday & Associates 1551 Forum Place, Suite 100A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for 340 multi-family dwelling units approved on December 3, 2002 (an extension to December 3, 2004) LOCATION OF PROPERTY: East side of Congress Avenue, just north of the L.W.D.D. Canal L-30 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HASNOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. X~ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with and conditions of this order. 7. Other S:\Planning\SHARED\WP\PROJECTS\Jefferson (fka South Congress Residential SPTE 03-006.doc 03-006\DO Jefferson @ Boynton Location Map JEFFERSON AT BOYNTON BEACH aka SOUTH CONGRESS RESIDENTIAL EXHIBIT "A" M1 REC .A _V.E--_- ....... M1 CiTY / 80UNO,ARY LAKE IDA EXHIBIT "B" I! l!!!tfil BOYNTON BF_ACH. FLORIDA /EFFERSON AT BOYNTON ,~lllllll ill[ 'Ill l EXHIBIT "C" Conditions of Approval Project name: Jefferson ~ Boynton (fka South Congress Residential) File number: SPTE 03-006 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 1. Submit a revised traffic study that reflects the correct number of proposed X dwelling units. The Palm Beach County Traffic Division must approve the traffic study. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: "~rk ~'~ 3. To be determined. S:\Planning'~SHARED\WP',PROJECTS\Jefferson @ Boynton\SPTE 03-006~COA.doc Kilday & Associate~ Landscape Architects/Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 - Fax (561) 689-2592 E-Mail: info@kildayinc.com .EXHIBIT "D" October 15, 2003 Mr. Ed Breese (Principal Planner) City of Boynton Beach Planning Department, 2nd Floor 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33425-0310 RE: South Congress Residential (aka Jefferson at Boynton Beach) Dear Mr. Breese, Our office represents Westbrooke Communities, Inc., which purchased this subject property within the last thirty (30) days. On behalf of Westbrooke Communities, Inc., we would like to request a one (1) year time extension for the current site plan approval, which expires on December 3, 2003. The City Commission approved this site plan on December 3, 2002. Westbrooke would like to request this time extension to become more familiar with the apprOval process, to evaluate' the plan more closely, pursue all site development permits, and to prepare architectural construction plans for permitt!ng. Needless to say, this process cannot be completed by December 3, 2003. Therefore, We would like to have this item be placed on the earliest City Commission Agenda. Thank you for considering this time extension request. cc:David Webber (~rooke Communities) Mark Bidwell (Westbrooke Communities) Rob Rennenbaum (Simmons & White) - H:Cllents/1496.06/Correspondence/T1me extension site plan_10-15-03.doc.