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Minutes 07-06-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 6, 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 Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Mayor Taylor called the meeting to order at 6:30 p.m. and offered the invocation and a prayer in memory of Anne Centi, who recently passed away. Mayor Taylor recalled Ms. Centi's untiring contributions to the community where she gave unselfishly of her time and talents. Commissioner Ensler led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Motion Vice Mayor Ferguson moved that Items XII. A. 1 through 4, under Legal, be postponed until the July 20, 2004 City Commission Meeting, due to improper notice. Motion seconded by Commissioner McKoy and unanimously carried. Mayor Taylor requested that Item VI.C.5, that was originally a Resolution Opposing the Strong Mayor Form of Government, and now reads "Intentionally Left Blank," be placed back on the Agenda. He reported that he received E-mail asking that cities take some action so they would be on record. Mayor Taylor will pull this item in order that Attorney Cherof could read the Resolution. Commissioner McCray noted that under Legal, Items XII.D. 1 through 4 would be done at a later date. Mr. Bressner pointed out that these were the Items setting the date for the Executive Session. Mayor Taylor noted that the Executive Session would be held at 2:00 p.m. on Tuesday, July 13, 2004 before the first Budget Meeting at 3:00 p.m. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda, as amended. Motion seconded by Commissioner McCray and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor noted the presence of the media and felt they were present as the result of events that took place at Club Ovation. He reported that the City Manager, City Attorney and Police Chief have been directed to investigate what took place at the Club as they are concerned about the safety of people and the Police Officers. No action will be taken tonight until the results of these investigations are reported back to the Commission. Mayor Taylor asked Police Chief Marshall Gage if he wished to elaborate on these events. Chief Marshall Gage stated that he was approached by several members of the media to address the issue of Club Ovation. He felt at this point it was too early to make any comments or analysis of what is actually taking place at this establishment. He acknowledged that they are concerned about the safety of the patrons, the employees and the Police Officers that have to respond to the Club. He reported that they would be looking at the issues and would deal with them appropriately. He anticipates having available within the next week an analysis of the overall calls for service at the location and some available options. Commissioner McCray requested that they be furnished with a report prior to the Club holding its next event. Commissioner McCray commended staff for a job well done in presenting the Fourth of July festivities. He also acknowledged that the Town of Ocean Ridge contributed money towards the festivities. Mayor Taylor noted that the City sent letters to the surrounding communities inquiring if they would like to participate and Ocean Ridge was the only Town that contributed. Mayor Taylor thanked Ocean Ridge for their generosity. Mayor Taylor commended staff on doing an excellent job. There was a large turnout and everyone had a wonderful time. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 A. Announcements: Mayor Taylor made the following announcements regarding the Budget Meetings, noting that all meetings are open to the public. Special City Commission Budget Meeting - July 13, 2004 @ 3:00 p.m. in the Library Program Room Special City Commission Budget Meeting - July 14, 2004 @ 3:00 p.m. in the Library Program Room (if necessary) Special City Commission Budget Meeting - July 15, 2004 @ 4:00 p.m. in the Library Program Room (if necessary) B. Community and Special Events: Commissioner McCray requested that an announcement be made regarding the Bahamian event scheduled at the Civic Center. Wayne Segal, Public Affairs Director, announced that Saturday, July 10th is Bahamian Independence Day. A celebration on the grounds of the Civic Center is scheduled from 12:00 Noon to 7:00 p.m. Free food will be offered, along with entertainment. Mr. Segal urged everyone to attend. C. Presentations: 1. Proclamations: a. "Recreation & Parks Month -July 2004" Mayor Taylor read the Proclamation declaring July 2004 as Recreation and Parks Month and presented the Proclamation to Parks and Recreation Director, Wally Majors. Mr. Majors reported on the many activities that are available in the City offered by the Recreation and Parks Department. The activities are listed in the City's Funfare Magazine that is free to anyone wanting a copy. To receive a free copy, contact the Recreation and Parks Department to be placed on the mailing list. Recognition of the Traffic Safety Award Winners of the Traffic Unit of the Boynton Beach Police Department Assistant Chief of Police John Smith was invited to the podium to make the presentations. He requested that Officers Mike Lane and Richard McNevin join him at the podium. Chief Smith noted that at the 18th Annual Traffic Safety Award Luncheon held on June 2nd, which is sponsored by the Traffic Safety Committee of the Palm Beaches, Officer Michael Lane and Sgt. Steel, who was not present, received 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .~uly 6, 2004 distinguished service awards for their efforts in traffic safety. Officer Lane, in 2003 wrote 580 traffic citations and had 114 DUI arrests. Officer Lane hosted and participated in three DUI checkpoints in the City. He also attends functions throughout the City to educate the citizens about the perils of drinking and driving. Chief Smith and Mayor Taylor presented the Distinguished Service Award to Officer Lane. Officer McNevin, representing the City's Traffic Unit, won the Distinguished Service Award for enforcement under the leadership of Sgt. Steel. The City's Traffic Unit successfully participated in roadrunner exercises that send a message to the public that the Police Department does not put up with speeding. They have a program designed to reduce speeding in the City that resulted in 2,975 citations, two DUI arrests, four felony arrests, and six misdemeanor arrests. The Unit also participated in Buckle Up Florida; You Drink, You Drive, You Lose; DUI Enforcement; and Training Safety Awareness Campaigns. These enforcements netted 806 seatbelt citations, 24 child restraint citations, 1,396 more speeding citations, 11 reckless driving citations and 61 additional DUI arrests. The motorcycle units issued 8,176 citations, 94 parking citations, five DUI arrests and handled 53 crashes. Deputy Chief Smith and Mayor Taylor presented the Distinguished Service Award to Officer McNevin. Presentation of teddy beam to Police and Fire Departments by Florida Society of Enrolled Agents - Presentation by Paul Murray and Danny Underwood Mayor Taylor invited Police Chief Gage and Deputy Fire Chief Ness to come to the podium. Mr. Murray and Mr. Underwood, members of the Florida Society of Enrolled Agents, Palm Beach Chapter, reported that every summer they have a drive to present teddy bears and toys to traumatized children whenever Police and Fire Departments are called to assist. Mr. Murray thanked the City for all their efforts and presented a bear to Deputy Fire Chief Ness. They distribute over 3,000 stuffed bears to children's hospitals, police departments and fire departments. The Florida Society of Enrolled Agents is made up of professional tax preparers who are licensed, tested and regulated by the United States Treasury Department. Mayor Taylor thanked the Society for all the work they do. Chief Ness pointed out how helpful the stuffed animals are when small children are traumatized as the result of an automobile accident or fire. 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) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3uly 6, 2004 Brian Miller, 2515 NE 2nd Court, announced that the Community Relations Board is co- sponsoring a family outing to a Florida Marlin's baseball game in conjunction with the City's Recreation and Parks Department. He pointed out that family outings are very important for the entire community and they would like to have several more this year. The game will feature the Marlins versus the Philadelphia Phillies on Wednesday, July 28th. There will be a bus leaving City Hall at 5:00 p.m. and tickets are available at City Hall, City Hall in the Mall and the Hester Center and everyone is invited to attend. Mayor Taylor inquired if a bus would be available and Mr. Miller stated that they are planning to have one bus for 50 people, but if more purchase tickets, they would have as many buses as needed. Mayor Taylor also asked about insurance, and Mr. Miller stated that the City is taking care of this. Commissioner McCray asked if flyers were being sent out to the churches and was informed that flyers are being printed by the Recreation Department and will be distributed to the Hester Center. Alice Otis, 203 SW 13th Street, reported on a recent Board meeting when the residents received a tongue lashing on improper behavior, which she felt was out of place and should not happen. Barbara Simkins, 9521Arbor View Drive North, Boynton Beach, received a citation in the parking lot of her accountant's office on Woolbright Road. Her husband had recently passed away and she was under a great deal of stress, which resulted in her forgetting to display her handicap sticker. She went to the Boynton Beach Police Department that same afternoon with the proper documentation and they handed her a slip of paper and told her that she had to go to the Court House in Delray Beach. When she went to the Court House the next day, she was informed that she still had to go to Court. When she eventually went back to Court and appeared before a Judge, it was her third trip. At that time she was informed that even though she presented the proper documentation, she had to pay court costs of $10. When she paid the $10 fee, the clerk informed her that only Boynton Beach requires people to go before a judge. She pointed out that this created a lot of needless paperwork by requiring residents to make three trips. It could have been settled when she brought the paperwork to the Court House the first time or even at the Police Department when she presented her documentation along with the citation. Mayor Taylor informed Ms. Simkins that the City would look at this policy. Dom Desiderio, 2755 S. Federal Highway, was present because he noted that staff was requesting a closed-door session on a lawsuit that he has against the City on the fire assessment. He also noted that the City is going forward with setting the preliminary fire rate at the July 20, 2004 meeting. Mr. Desiderio asked if this is a true fire assessment, based upon assessed value. If a home that is assessed at $500,000 pays $70 and a home with an assessed value of $50,000 also pays $70, is this fair? To him, 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 this is not a true assessment and the law states that it has to be a benefit to property. He asked which property benefits more, the $500,000 or the $50,000, both paying $70. He also noted that he has a business and is being charged 15¢ per square foot for his business on the fire assessment, whereas the Boynton Beach Mall is paying less than 1¢ per square foot. If the law states it must be a fair apportionment, why is he paying more than the Boynton Beach Mall. He requested that these two questions be answered at the July 20th meeting. Martyn Kolleda, 109 SE 31st Avenue, reported that traffic has greatly increased on his street and people continually speed making the street unsafe. There are young children and pets that live on the street and he would like to see a stop sign installed at the corner of 1st Court and 1st Lane at 31st Avenue. He noted that stop signs and speed bumps were recently placed in Chapel Hill. Last night a vehicle crashed into his car that was parked in his driveway and then kept on going. He noted that other residents of his neighborhood were present to support him and he would be glad to furnish a petition if it was necessary. Mayor Taylor inquired if he had a neighborhood association and Mr. Kolleda stated that there was none. Mayor Taylor felt it would be beneficial if the City were aware that more residents favored the stop sign and he will ask Chief Gage to follow through on this. Mr. Bressner recommended that Mr. Kolleda speak with Chief Gage and Public Works Director, Jeffrey Livergood after the meeting. Mr. Bressner stated that they would get back with Mr. Kolleda at a future time. Stanley Palivoda, 110 SE 31st Avenue, was present on the same issue presented by Mr. Kolleda. He felt that there is a major problem on the street and, as a result, he does not allow his grandchildren to play in the front yard because of speeding cars. Mr. Palivoda also had his car mirror knocked off about a month ago by a speeder. They have asked for help before from the City, but were turned down because the street did not meet the criteria. He noted that Mission Hill also has a stop sign with speed bumps. The residents are afraid to walk on the street and on Halloween posters are put up on telephone poles warning people to keep their children off 31st Avenue because of the speeding traffic. Mayor Taylor again stated that staff would look into this. Brian Edwards, 629 NE 9th Avenue, distributed the July 2004 edition of South Florida Parenting Magazine that serves Dade, Broward and Palm Beach Counties. The Magazine has recognized the Schoolhouse Children's Museum with a gold award as one of the best children's museum in the tri-county area. Mr. Edwards also congratulated the Boynton Beach Arts Center for receiving the bronze award for best fine arts activities. Copies of the magazine were available for members of the audience. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3uly 6, 2004 Mr. Edwards also commended Ms. Arleen Dennison, the Executive Director of the Children's Museum Board, and her staff for doing a wonderful job. Herb Suss, a resident of Quail Run, noted that he and Ms. Centi were involved in a community group several years ago and commended her for all the work she did on behalf of the City. Mr. Suss also pointed out that there are several permits available to City residents for membership at the Links at Boynton Beach, which is the City's golf course. He also remarked that in the May issue of Golf Digest, the Links received four and one-half stars out of five for being one of the best golf courses, and the only public course to be recognized in the State of Florida. Edward Tedtmann, 869 NW 8th Avenue, was prepared to speak on Old Boynton Road, but noted that it was not on the agenda. Mayor Taylor informed him that it would appear on the July 20th agenda. Mr. Tedtmann had concerns about the Compson project. He noted that a 164 acre unity of title with Motorola would provide 2,671 dwelling units, 463,000 square feet of retail/commercial, 250,000 square feet of office/commercial, 15,000 square feet of day care/commercial and undefined future out-parcels with 100% floor area ratios. Mr. Tedtmann felt that the unity of title should have evoked a new DRI that would supersede the 20-year old Motorola DRI, approved when Boynton Beach had half the population and half the traffic. Mr. Tedtmann stated that Compson Associates purchased the Motorola and Winchester/Klatt properties that now has a bridge connecting the two properties. This will result in a tremendous intensive development and an overabundance of traffic on the roads that are already approaching level "E" in traffic performance standards. He noted that there were signs along these roads that stated there have been seven major auto accidents last month. Kurt Bressner, 28 Lawrence Lake Drive, Boynton Beach, reported that there was an article in this month's Florida Trend Magazine entitled the "Florida Legal Elite" and the City's Attorney, Jim Cherof, was included among the attorneys designated as the "Florida Legal Elite." Attorney Cherof was recognized as specializing in labor and employment law and Mr. Cherors partner, Sam Goren, was also recognized in government law. Mr. Bressner congratulated Mr. Cherof on being recognized in this role. Robert Brown, 701 South Seacrest Boulevard, distributed a copy of Ordinance 04- 032 dealing with amending Land Development Regulations, Chapter 2, Zoning, Section 6.F, Mixed Use Zoning Districts. He pointed out that Planning and Zoning Division returned an application that he had filed with that Division, as well as his check. Included in the packet was the Ordinance that he referred to. Mr. Brown wanted to Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 make certain that the Mayor and Commissioners understood some of the ramifications of the Ordinance. Mr. Brown did not think that Inlet Cove, or the City Commission, should be steering the downtown redevelopment. He felt that the enactment of this Ordinance would require a person to spend $50,000 to $60,000 in landscaping, engineering and architectural drawings before a plan could be submitted to the Commission. Density is now tied in with heights and densities of the development that would be regulated by classifications of roadways, as well as the frontage of the property. He noted that collectors and roadways are being added and there is reference to functional classification of roadway maps. The height in the Ordinance has also gone to 45' and requires a 10' step back that would result in a vertical super structure, rather than creating a wedding cake effect. Mr. Brown stated he was bringing these changes to the Commission's attention because he was not certain if they actually knew that these changes were enacted. Mayor Taylor responded that they did see the changes and received in-depth input from the community, including the people that would be affected by the changes.. The changes were not passed in a vacuum. Mr. Brown stated that he never received notice of these changes and questioned if zoning changes could be adopted without proper notice. Mayor Taylor explained that all these changes were properly advertised and had public hearings. Elizabeth Pierce, a Director of Inlet Cove Association, reported that the Coastal th Clean-up, sponsored by INCA, will take place on September 18 and handed out t- shirts to the Commission. Ms..Pierce invited the Commission to participate in the cleanup. Ms. Pierce is also Chairperson of the Recreation and Parks Board. At their regular meeting on June 28th several citizens attended to discuss what is happening with parks and recreation in Boynton Beach. One resident that the Board met with was Ms. Schwartz, who resides at Boynton Lakes, and who spoke about the limited lighting in their park. Ms. Pierce gave a brief background on the park that was given to the City from Lennar Corporation 18 years ago when they built the homes. At that time the Board of Directors of Boynton Lakes only wanted to have a passive park. The development has grown with many families and Ms. Schwartz feels that the park is unsafe because of poor lighting. She also pointed out that the gates are not being closed at dusk, when the park closes. Ms. Schwartz would also like to have lights added along Boynton Lakes Boulevard. They would now like to see this become a more active park with more lights and tennis courts. The Board recommended that they come back to the Board with evidence of community support before this is presented to the Commission. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 Ms. Pierce also noted that the Board viewed plans for the new Congress Middle School and the School District would like the Recreation and Parks Department to play a role in development of the site that would include ball fields and buildings. Ms. Pierce offered the assistance of their Advisory Board for this effort. Ms. Pierce reported that Ms. Patti Hammer, a resident of Hunter's Run, attended the meeting to hear a presentation on Congress Avenue Community Park. Ms. Hammer expressed some of the concerns of Hunter's Run and noted that some of the residents are opposed to having a recreation hall and amphitheatre, but are in support of having a Boundless Playground. There is overwhelming support for the Boundless Playground and water park from other communities as well. Ms. Pierce next reported that Mike Fitzpatrick spoke to their Board that evening as well. At that time he requested the Board's support that if developers of the Winchester property received a zoning change from 775 homes to 1,120 homes on 107 acres, that the City should ask that more land be dedicated for parks and greenways in exchange for the zoning change. Mr. Fitzpatrick recommended that 29 acres be set aside for greenways along the two canals; 10 acres for a new ball field; 5 acres for a playground and civic center; and 5 acres for a dog park. Ms. Pierce thanked the Commission for not selling the land near Crystal Key. She noted that there are members of the Sierra Club that are willing to help clean up the area and remove the evasive plants and plant native trees in their place. Ms. Pierce thanked the Commission for their support of the Recreation and Parks Board. Mayor Taylor pointed out that the park at Boynton Lakes is exactly what the residents asked for years ago. He noted that they did not want any lights and wanted a passive park and the City accommodated their wishes. Mayor Taylor pointed out that if the residents wanted amenities added to the park, it would have to be part of a CIP project. Mayor Taylor inquired who would be building the ball fields at Congress Middle School. Commissioner Ensler reported that he is on the committee for the redesign of the School and the School District will build and pay for the ball fields. It is anticipated that the School will open in August 2006. When the original school is torn down, two ball fields will be built, along with a 400-meter track field that would be paid for by the School District. Commissioner Ensler also noted that there has been talk between the City and the School Board regarding beautifying the land along Congress Avenue. Ms. Pierce inquired who would pay for the maintenance of these facilities. Commissioner Ensler reported that the School District would maintain the school facilities, but it is not clear at this point who would maintain the frontage on Congress Avenue, but the ball fields will be maintained by the School District. Mayor Taylor asked Commissioner Ensler about the maintenance yard housed on the school property. Commissioner Ensler noted that the School District would be removing 9 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida July 6, 2004 all of the equipment and the temporary trailers from the property. The property then would only consist of the School, the School facilities, and the School television station. Since no one else wished to speak, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: Accept resignation of Brenda Shamblin, Regular member of the Code Compliance Board Motion Vice Mayor Ferguson moved to accept the resignation of Brenda Shamblin from the Code Compliance Board. Motion seconded by Commissioner McCray and unanimously carried. B. Accept resignation of Larry Finkelstein, Regular member of the Community Redevelopment Agency Motion Commissioner McCray moved to accept the resignation of Larry Finkelstein from the Community Redevelopment Agency. Motion seconded by Commissioner McKoy. Vice Mayor Ferguson thanked Larry Finkelstein for his hard work on behalf of the CRA and noted that he has done a wonderful job. Vice Mayor Ferguson expressed his appreciation for all of Mr. Finkelstein's efforts. Vote Motion carried 5-0. Mayor Taylor thanked both Larry Finkelstein and Brenda Shamblin and noted that their service on behalf of the City is greatly appreciated. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson IV McKoy Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Alt I yr term to 4/05Tabled (3) 1 yr term to 4/05Tabled (3) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 IV McKoy Bldg. Bd of Adj & Appeals Alt I yr term to 4/05 Mayor Taylor Bldg. Bd of Adj & Appeals Alt I yr term to 4/05 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6f 2004 II McCray Cemetery Board Alt 1 yr term to 4/05Tabled (3) Mayor Taylor Code Compliance Board Alt I Ensler Code Compliance Board Reg 1 yr term to 4/05Tabled (3) 3 yr term to 4/05 IV McKoy Comm. Redevelopment Agency Reg 4 yr term to 01/05 I Ensler Education Advisory Board Alt 1 yr term to III Ferguson Education Advisory Board Reg 2 yr term to IV McKoy Education Advisory Board Reg 2 yr term to Mayor Taylor Education Advisory Board Alt 1 yr term to I Ensler Education Advisory Board Stu 1 yr term to II McCray Education Advisory Board Stu 1 yr term to 4/05Tabled (3) 4/06Tabled (3) 4/06Tabled (3) 4/05Tabled (3) 4/05Tabled (3) 4/05Tabled (2) III McKoy Police Officers' Pension Plan Reg 2 yr term to 4/05 III Ferguson Senior Advisory Board Alt I yr term to 4/05Tabled (3) Commissioner McKoy appointed Steve Myott as a Regular Member of the Community Redevelopment Agency. Motion Vice Mayor Ferguson moved to approve the appointment. Commissioner McCray and unanimously carried. Motion seconded by All other appointments were tabled. 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. A. Minutes: 1. Regular City Commission Meeting Minutes of June 15, 2004 Bo Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget None C. Resolutions: Proposed Resolution No. R04-105 Re: Approving an Interlocal Agreement for funding from Palm Beach County in an Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .luly 6, 2004 amount of $1,000,000 to assist with costs for construction of the Wilson Center Recreation Center Proposed Resolution No. R04-106 Re: Approving the appointment of Commissioner Carl McKoy as the voting delegate for the 78th Annual Florida League of Cities Conference - August 19-21,2004. 3. Intentionally Left Blank Proposed Resolution No. R04-107 Re: Endorsing the amendment of the Declaration of Covenants and Restrictions for Alhambra Square, allowing for the partial release of covenants that removes the use restriction to an ACLF, as a prerequisite to final approval of the Venetian Villas site plan 5. Proposed Resolution No. R04-110 Re: Opposing the strong-mayor form of government for the County Mayor Taylor requested that Item C.5 be removed from the Consent Agenda to be read by Attorney Cherof. Proposed Resolution No. R04-108 Re: Amending R04-078 and approving four (4) individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, and Phase 1 project totaling $823,790.00. Aisc to approve an owner's contingency of 5% in the amount of $41,190.10 for a total budget appropriation of $864,980.00. Commissioner Ensler removed Item C.6 from the Consent Agenda for discussion. Proposed Resolution No. R04-109 Re: An Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization Ratification of Planning & Development Board Action: Boynton Commerce Center Lot 3B (USAP 04-003) - South of Woolbright Road and West of 1-95 - Request for use approval for dance instruction on Lot 3B only New Haitian Alliance Church (SPTE 04-005) - 440 Hoadley Road - Request for a one year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 E. Ratification of CRA Action: None Authorization to approve payment for an emergency raw water main repair performed by Mora Engineering Contractors, Inc., Invoice #561, in the amount of $26,571.33 Approve the release of a cash surety (Check #449438, City National Bank of Florida) in the amount of $2,750 for restoration of roadways in conjunction with removal of dredge materials from Marina Village Approve the full release of surety covering the water and sewer systems for the project known as Tuscany on the Intracoastal (fka Bay Vista) and returning Letter of Credit No. LC870-132291 from Wachovia Bank to the developer Approve the full release of surety covering the water and sewer systems for the project known as Villas at Cypress Creek and returning the cash surety in the amount of $1,333.15 to the developer Approve the full release of surety covering the water and sewer systems for the project known as Stor-AII on Knuth Road and returning the cash surety in the amount of $1,653.65 to the developer Approve Travelers Casualty and Surety Company of America bond, replacing the existing Hanover Insurance Company Bond Approve the reduction of liens on the property identified as Lot 20, Block 25, Rolling Green Ridge, 1st Addition, PCN 08-43-45-16-01-025-0200 (Code Enforcement Liens total $54,000 and Lot Mowing Liens total $3,542.06) Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. C.5. Proposed Resolution No. R04-110 Re: strong-mayor form of government for the County Opposing the Attorney Cherof read Proposed Resolution No. 04-110 by title only. 13 Heeting Hinutes Regular City Commission Heeting Boynton Beach, Florida July 6, 2004 Motion Commissioner McKoy moved to approve Proposed Resolution No.04-110. Motion seconded by Vice Mayor Ferguson and unanimously carried. C,6, Proposed Resolution No. R04-108 Re: Amending R04-078 and approving four (4) individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, and Phase 1 project totaling $823,790.00. Also to approve an owner's contingency of 5% in the amount of $41,190.10 for a total budget appropriation of $864,980.00. Commissioner Ensler reported that this item is for approval for the City to spend $864,000 for this phase of going to the Floridan wells, which is the City's future water source. Two months ago Mr. Bressner asked the Commission to approve hiring Brown and Caldwell to assist the City with its water efforts at a cost of $70,000. Originally, the estimate to perform all this work was significantly higher and Commissioner Ensler commended Mr. Bressner and the staff of Brown and Caldwell for saving the City $525,000 and noted that this was a job well done. Motion Commissioner Ensler moved to approve Proposed Resolution No. R04-108. Motion seconded by Commissioner McCray and unanimously carried. VII. CODE COMPLIANCE & LEGAL SE'I-FLEMENTS: None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Ao Project: Florida Collision (POSTPONED UNTIL 8/3/04 AT APPLICANT'S REQUEST) Agent: Carl Casio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3rd Street Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) Request to rezone from General Commercial District (C-4) to Industrial District (M-l) Proposed Use: Auto Body Repair, Storage and Towing Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6t 2004 IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Adoption of Preliminary Fire Assessment Rate Resolution (07/20/04) B. Proposed Lease Agreement with Boynton Woman's Club (TABLED ON 6/15/04) (07/20/04) C. Contract for Old High School Refurbishment (07/20/04) D. City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (July) E. Public Hearing and Adoption of Annual Fire Assessment Resolution (9/14/04) F. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) G. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) Commissioner Ensler inquired about the date for Item X.G. Nancy Byrne, Assistant Development Director, said that she was preparing to announce this date at the next pre-agenda meeting. Xl. NEW BUSINESS: None Xll. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-012 Re: Amending the Future Land Use Element of the Comprehensive Plan to establish a Development of Regional Impact (DRI) as a land use designation, and corresponding policies for The Renaissance Commons DRI (FKA Motorola DRI) that documents its approval, uses, densities and intensities and approved traffic generation; providing for conflicts, severability and an effective date (TABLED TO JUL Y 20, 2004) 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 6, 2004 Proposed Ordinance No. 04-013 Re: Amending Ordinance No. 02-061 of the City of Boynton Beach by adopting an amendment to The Renaissance Commons Development of Regional Impact, formerly known as The Motorola Development Order; providing for a savings clause, repealing provision, and providing an effective date (TABLED ON 04/07/04 ON SECOND READING AWAITING APPROVAL FROM DCA ON COMPANION ORDINANCES) (TABLED TO JUL Y 20, 2004) Proposed Ordinance No. 04-014 Re: Regarding property located at the southeast corner of Congress Avenue and Gateway Boulevard (Renaissance Commons); amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the land use designation is being changed from Local Retail Commercial (LRC) and Industrial (I) to Development of Regional Impact (DRI): providing for conflicts severability, and an effective date (TABLED TO JUL Y 20, 2004) Proposed Ordinance No. 04-015 Re: Regarding the application of Compson Associates of Boynton II, LLC, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from PID (Planned Industrial Development) and C-3 (Community Commercial) to SMU (Suburban Mixed Use); providing for conflicts, severability and an effective date (TABLED TO JUL Y 20, 2004) Proposed Ordinance No. 04-042 Re: Amending Chapter 2. Administration, Article 5. Code Compliance Board, Sections 2-84 through 2-90, providing for clarification and setting procedures regarding lien reductions for Code Board Orders Attorney Cherof read Proposed Ordinance No. 04-042 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-042. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-043 Re: Authorizing the abandonment of the roadway portion of an unimproved roadway/utility easement (Largo Pointe - ABAN 04-001) 16 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida 3uly 6~ 2004 Attorney Cherof read Proposed Ordinance No. 04-043 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-043. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 04-044 Re: Property Tax Assessment Exemption for Income Eligible Senior Citizens Attorney Cherof read Proposed Ordinance No. 04-044 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-044. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: Request for a closed-door executive session to discuss Boynton Beach Alliance; and Desiderio Corporation, a Florida corporation; Ewell L. Miller, individually and Sir Electric, Inc., a Florida corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02-01704 AN; and City of Boynton Beach, a Florida municipal corporation, Petitioner Request for a closed-door executive session to be scheduled to discuss CITY OF BOYNTON BEACH, a Florida municipal corporation, Petitioner, vs. Frank Janots, Theodore Ryan, Gerhard Degen, Robert P. Brown, Charles Felman, Sylvia Felman, Palm Beach County, County Collection Services, Inc., State Of Florida, Town Of Lake Park, Karl Hlavac, United States Of America, City Of Riviera Beach, and John K. Clark, Tax Collector, Palm Beach County, Respondents -Case No. 2003 CA 010606 XXEDAJ" 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3uly 6, 2004 Request for closed-door session to discuss Police Benevolent Association (PBA) negotiations Request for a closed-door executive session to be scheduled to discuss the CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendants, vs. SAVE OUR CITY, INC., a Florida not- for-profit corporation - Case No. 2004 CA 005856 XXXX MB Attorney Cherof noted that at the beginning of the meeting it was determined to hold the closed-door sessions on July 13, 2004 at 2:00 p.m. in the City Manager's Conference Room B, City Hall, Boynton Beach, Florida. Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner McCray and unanimously carried. Xlll. UNFINISHED BUSINESS: XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 7:40 p.m. ATTEST: Recording Secretary City of Boynton Beach xl~yor ,,/ ' ........ __, (July 7, 2004) 18 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 6, 2004 TYPE OF RELIEF SOUGHT: Request use approval for dance instruction on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,~. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The 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". 4. The Applicant's application for relief is hereby v/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 7-~----~'~ City Clerk S:\Planning\SHARED\WP~PROJECTS\Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction\DO, Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" PCD C3 EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID April 14, 2004 Permitted Uses, Not Requiting Environmental Review Approval. Personal Services 1. Carpet and Upholstery Cleaning Bo Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 5. 6. 7. 8. 9. Cellophane Canvas Fi~r (i.e., wood, except that furniture manufacturing requires environmental review) Fiberglass Glass Leather Textiles Yam Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.l.b.(1), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment EXHIBIT "B" Eo Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing Retail sales are allowed for goods listed under the sections specified in I.C.1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. o Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A.l.c.(14).. The specific uses within the code sections 8.A.l.c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. Operations Center - Requiring a mix of moderate warehouse and increased office use. 2. 3. 4. 5. 6. 7. Bank Operations Center Insurance Company Records Storage Government Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organi?ation Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" II F. Miscellaneous Uses Dance Instruction is allowed only in the portion of the building on Lot 3B designated as retail. Uses requiring Environmental Review - See Planning Department for Application Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise fi.om the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, instruments, devices, and components Auto parts and equipment Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing B. Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A. 5. above (plastics) provided that less than 50°/$ of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shall not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services All uses not specifically listed above are prohibited. Furthermore, the following uses are Boynton Commerce Center PID Use List Page 3 expressly prohibited: EXHIBIT "B" 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork Metal casting Welding shops Contractor's shops, storage, or track parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold fi:om the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions omlined in notes 1-3 below). Manufacturing/Building cleaning and janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). o Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "B" Operations Center: One (1) parking space per three hundred (300) square feet of gross ~oor area devoted to omce use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 5 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 04-003 Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request 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 DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 03-009) to ensure equivalent impacts and / or compliance with the Traffic Performance Standards of Palm Beach County. 2. Thc required parking for businesses (on Lot 3B) that are engaged in retail / X commercial uses such as a dance instruction studio would bc calculated on thc entire bay at a retail rate of one (1) parking space per 200 square fcct of gross floor area. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Condition #2 will be revised as follows: the required parking for businesses X (on lot 3B) that are engaged in retail/commercial uses such as a dance instruction studio would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross "ground" floor area only. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ ELJ S:\Planning\SHARED\WP~PROJECTS\Boynton Commerce C~Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Alliance Haitian Church APPLICANT'S AGENT: Rev. Dieugrand Jacques APPLICANT'S ADDRESS: 5341 Helene Circle, FL 33487 Development P&Z nglneerl~g ,cc. Llcenle eputy Clt3~ Clef? DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for New Alliance Haitian Church. LOCATION OF PROPERTY: 440 Hoadley Road, Boynton Beach 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 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: '-']-~- O ~ S:\Planning\SHARED\WP\PROJECTS\New Alliance Location Map NEW ALLIANCE HAITIAN CHURCH EXHIBIT "A" PCD R1AA R3' C3 PCD R3 EXHIBIT ,,B. DON BENATONE AROHITEOT 3160 N,E. 3rd AVE. OAKLAND PARK, (954) 567-0~44 F!.J~RIOA . ~ EXHIBIT "C" Conditions of Approval Project name: New Alliance Haitian Church File number: SPTE 04-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for X 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. As such, the reservation fee is past due, the developer should pay the past due amount, and an equivalent amount for the upcoming year prior to City Commission's approval of this extension. As and alternative to paying the reservation fee, the developer may pre-pay the full capital facilities charge, as allowed by the Code. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FORE STER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 2. Submit a revised traffic impact statement meeting the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a building permit. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined, k~l ~-.~n . S:\Planning\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\COA.doc 1 I. .: • • isiormasmomor Serving Miami-Dade, Broward and Palm Beach ., SOUTH FLORIDA i ' All X II .., .. „ ..„. ir. , . . N. .. . N...• ''...- , . ..' agir LW JULY 2004 r • i ,t ". 1.4 4001110 lob, ...c. '4: OM • : 4 ,,,, ,, wC ...„.„. , ,,,„,„„ , , .„_,„. ,, ,,,_ . ,,,,,..„.. . ,.,....... ,,7 ;, . . :::„.„,,.... ,, ,,,,„,...,,...,„,..,.. . ,. ._ ,,,,,,,,,,. ,,,,,,,,,:,...„:... ,,,,,,..,,,,,,,,..„:„..... .,.. ,,, „,,,,,.,..,,,..„,., .,,,,,,,:.::.„....,.....,„ „. ....,...,.,....„,,„,,,,.. , ::. . . Kids' . s READERS CHOOSE THE BEST PLACES IN SOUTH FLORIDA FOR FAMILIES * City by City •:,;;-,1-,,,:.,..,:•;: July 4th Events *Sharpen school 111, skills this summa; * Laughwith your kid Sun-Sentinel .-......i 4111111111111.1.11.1.11.1h', „,4ii ItivelltO*4 ' •, , - . - ... I M1 Kids) Crown; ¢' * ;,*,,,,,,i:: ,,*r' A, ,,, J ,14,:•,x.. ,,M 4,-#y,P?,alb 40 .'. . , South Florida Parenting proudly presents this year's Kids' Crown Awards,representing parents'favorites in South Florida. Each year,readers vote for family-friendly places that they think Pt's offer the best activities,products and services in South Florida. The votes are counted, and then the magazine's Reader Advis- ory Panel meets to consider the top vote-getters and make the sem. ;•,..-,, '", final decisions for Gold,Silver and Bronze awards in each county '',.0. 1 and category. „ Our reader panelists and judges are all frequent readers of South t iii, 4,' Florida Parenting and full-time residents of South Florida.They repre- 444,a, t sent all three counties and a diverse population.These 18 readers also PP ' offer special Judges' Choice Awards, representing places that they think deserve an award in a specific category. In addition, the reader-judges helped ♦1 comb through many ideas to choose the places and activities deemed South Florida's 1 1! Best-Kept Secrets this year. FAMILY OUTINGS FOOD FOR THOUGHT 36 Local Attractions 88 Healthy Fast Food 38 Children's Museums 90 Places Where Kids Eat Free 42 Live Entertainment for Kids 92 Ice Cream Shops 46 Places to Swim and Splash 94 Specialty Bakeries 48 Outdoor Fun 96 Specialty Food Markets 50 Indoor Fun 52 Family Resorts SPENDING MONEY gist 53 Family Weekend Getaways 106 Consignment Shops 108 Kids'Clothing t CHILD ENRICHMENT 110 Kids'Shoe Stores 54 Programs for Infants, 112 Toy Shops ' Toddlers, Preschoolers 113 Educational Supply Stores 56 Fine Arts Activities/Classes 114 Furniture Stores 58 Physical Activities/Classes 116 Children's Portrait Photographers 60 Tutoring 118 Kids' Haircuts 64 Day Camps s BEST KEPT SECRETS i ADULT TIME-OUT 37 Free movies in Mizner Park x'` 68 Fitness Centers 40 Funky Fish Kids' Day i`i 72 Spas 44 Italian Renaissance Festival 74 Romantic Getaways 55 Yesteryear Village 11 62 Nature classes for preschoolers IMPORTANT STUFF at Enchanted Forest Park 78 Places to Give Birth 66 Play it Again Sports 80 Hospitals for Pediatrics 73 Walls Ice Cream Shop 82 Services for Special Needs 89 Marine Life Center at Loggerhead Park 84 Pediatric Emergency Rooms 107 Lego Larry at Broward County libraries BY BEVERLY BARNA, KIKI BOCHI AND ELLEN WOLFSON VALLADARES r tl BEST CHILDREN'S MUSEUMS BEST C MI ii ° PALM BEACH COUNTY BROWARD CO 41.1111 Fc'ft GOLD GOLD } Schoolhouse Young at Children's Museum Children's M 129 E.Ocean Ave.,Boynton 11584 W. State RI Beacha 954-424-0085 561-742-6780 www.youngatartm www.schoolhousemuseum.org This place is like The folks who preceded us ter for creative I. 1; here in South Florida take in national.. might not have thought of "Arthur's World' shoveling coal as a way to Red Dog,"based spend their leisure time. toons;get the m • _ ' shop;at the Schoolhouse ride a roll o "" �� � 4 Children's Museum,it's, of their own;and 11 "" just another engaging way carousel and the x r* for families and kids to special exhibits Ho " ,..`' cx • connect to the past. the year.Lots of so . * ` There's enough make- stay for arts festi 9 *� '' –,; believe here to have every- 1 mer camp. 3 ,, one clapping away to The museum 441 R _ . summon Tinkerbell.Play Saturday, 10 a. x WA " . t.# train conductor;milk a noon-5 p.m.A. make-believe cow;visit kid- dren,$5;senior; MIAMI-DADE COUNTY sized replicas of old-time Boynton Beach, children under GOLDDelray Beach and Boca Raton.Make the group rates ay.' j', Miami Children's Museum rounds with the Barefoot Mailman of l 980 MacArthur Causeway, Miami local lore.Plasma TVs display a quick SILVER 305-373-5437 clip on Boynton Beach history,for the Museum of D www.miamichildrensmuseum.org progressive knowledge seekers in your and Science This museum celebrated its 20th year in 2003 with the unveiling of a 56,500-square-foot crew.All this and more for$3 to$6, 401 SW Second + cultural and community learning facility.Dozens of galleries,as well as classrooms and depending on age. 954-467-6637 a resource center for parents and teachers and a 200-seat auditorium combine to provide www.mods.org a host of multicultural,hands-on exhibits and other programs aimed at inspiring kids to SILVER learn—and to learn to love education and the arts.A summer break camp,youth art Boca Children's Museum BRONZE exhibit and film program are among the museum's many offerings. 498 Crawford Blvd.,Boca Raton Graves Muse'. Open daily, 10 a.m.-6 p.m.Admission:adults and children,$8;free for museum 561-368-6875 481 S.Federal H members and children under than 1-year-old. www.ci.boca-raton.fl.us 954-925-7770 www.gravesmuse SILVER BRONZE Miami Museum of Science South Florida 3280 S.Miami Ave., Miami, 305-646-4200,www.miamisci.org Science Museum 4801 Dreher Trail North,West Palm Beach BRONZE 561-832-1988 Gold Coast Railroad Museum www.sfsm.org 12450 SW 152nd St.,Miami,305-253-0063,www.goldcoast-railroad.org 38 SOUTH FLORIDA PARENTING•www.sfparenting.com t • i se t rtorlaa coastal l;leanup Page 1 of S . w '� � Florida Coastal Cleanup2004 (International Coastal Cleanup) 4 ' t- September 18 2004 N , t Rain date: October 2, 2004 sY The International Coastal Cleanup (ICC) is the world's largest, one-day volt =s ,:p. :3 effort to clean up the marine environment. Every September, volunteers fro] 100 countries decend on local beaches, rivers, lakes and canals to show thei } commitment to cleaner waterways. The Ocean Conservancy, the world's la] j?• ttlict organization focusing exclusively on the health of the marine environment, �` ' sponsored this annual event for the past 19 years. This year's cleanup is sat( Our Mission for Saturday, September 18. History Board of Directors In our state, the Florida Florida Coastal Cleanup (FCC) is much more than just rem trash. By using detailed, standardized data cards, volunteers gather valuable Partnerships information about the types and sources of debris found. Analyzed and tract Contact year by year,this information serves as a powerful tool for educating the pu influencing public policy, and effecting positive behavioral change on the p li,o�-',tt '° individuals, organizations, and communities. A, _ qtr ', The collection of this data by cleanup volunteers of all ages and the resulti report prepared by The Ocean Conservancy is used in the following ways: t 11 t / v • To raise awareness of the quantities and types of marine debris; • To determine the various sources of marine debris; titil AMERICA SEAUT1FU ': • To evaluate the impact of marine debris on wildlife and habitat; —to tra tl_"mW„Y • To assist in the enforcement of regulations against illegal dumping; • To influence industries that manufacture products that cause harm to 1 marine environment. Palm Beach County will participate in the ICC and the FCC, again this year the efforts of Keep Palm Beach County Beautiful, Inc. (KPBCB), a non-pro coordinates the local event. Palm Beach County volunteers will clean sites I Boca Raton to Tequesta'and will receive free t-shirts to commemorate the e' and their efforts. Volunteers should pre-register and get additional information by contacting coordinators listed below or by contacting KPBCB by phone at(561) 686-6 by email at keeppbc@bellsouth.net . Report times for most sites is 8:00 a.m 2004 Florida Coastal Cleanup Sites Please cheek hack again for more sites. http://www.keeppbcbeautiful.org/fcc2004.htm 6/15/2004 r tonna coastal cleanup Page 2 of 3 Boca Raton Gumbo Limbo Nature Center 1801 North Ocean Blvd. Boca Raton Volunteer Coordinator: Nancy Leeds (561) 3384563 Boynton Beach Boat Club Park -ASLA Members only Federal Highway 1 block south of Gateway Blvd Boynton Beach, FL Sponsored by the American Society of Landscape Architects Volunteer Coordinator:ASLA members contact Bill Wilsher (561) 966-66 Boynton Beach Intracoastal Park Federal Highway and Gateway Blvd. Boynton Beach,FL Sponsored by the Inlet Cove Association(INCA) Volunteer Coordinator: Betty Pierce(561) 436-8420 or FAX (561) 967-045 Lantana Underwater Cleanup (65 foot dives) Divers meet at the Old Key Lime House Dive Boat Platform 302 East Ocean Ave. Lantana Sponsored by Palm Beach Hammerheads Volunteer Coordinator: Elaine Blum (561) 523-7061 Lake Worth Lake Worth Beach Meet at the upper parking area south of the pool. Lake Worth Sponsored by Lake Worth West Resident Planning Group, Inc. Volunteer Coordinator: Lela Hughis (561) 649-9693 North Palm Beach John D. MacArthur Beach State Park 10900 State Road 703 (AlA) North Palm Beach, FL 33408 Meet at the boardwalk that leads to the beach -park kiosk near Nature Cent' Volunteer Coordinator: Tiffany Peavy(561) 624-6950 Jupiter Carlin Park http://www.keeppbcbeautiful.org/fcc2004.htm 6/15/2004 1 I i ORDINANCE NO.04-OSA 211 3 11 AN ORDNANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F. 6 MIXED USE ZONING DISTRICTS; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the regulations for the Mixed-Use-High Intensity (MU-H) and Mixed 11 Use-Low Intensity(MU-L) zoning categories were adopted on June t8,2002. After eighteen 12 months of working with these regulations, staff has determined that minor•amendinents are 1 I 13 warranted to bring the regulations into closer conformance with the intent of the- Federal 14 Highway Corridor Community Redevelopment Plan and to aid in their administration;and z1-.1 15 WHEREAS, the City Commission, upon recommendation of staff, the te. LID •-.1" CI7 I ^ 16 ININIMMORMikagna and thv s_ee. A), does deem it appropriate 17 and in the best interests of the residents of the City of Boynton Beach, to amend the Land 18 Development Regulations of the City of Boynton Beach to provide minor amendments ›-i 19 regarding the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) 20 zoning categories. ce 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF Ee Pq 22 THE CITY OF BOYNTON BEACH,FLORIDA,THA-5_- w 13 Section 1. The foregoing whereas clause is true and correct and is now ratified and 24 confirmed by the City Commission. 25 Section 2. Chapter 2. "Zoning", Section 6.F. of the Land Development 26 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by add 27 the words and figures in underlined type, and by deleting the words and figures in struck- 28 through type, in the attached Exhibit "A". 29 Section 3, Each and every other provision of the Land.Development Regulations 30 not herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section.4, All laws and ordinances applying to the City of Boynton Beach in 32 conflict with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance -or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 35 affect the remainder of this Ordinance, 36 Section 6. Authority is hereby given to codify this Ordinance.. -- m- 10 I i 1FREADING this Li day of May, 2004. " 2 I SECOND, FINAL READING AND PASSAGE this (8 day of 3 l May, 2004. 4 i CITY OF BOYNTON BEACH,FLORIDA 5 6 I % Haat .r - /. 7 r 8 ,. 9 1.....11. pa��10 Vice M. : 11 • ` 12 �/ /� IP 13 '• •AA loner 14 a��j 7 L z_-____..,. - , 15 17 � t . ... / Y. t 18 19 Co er . / C_, 20 ATTEST: ` ( . 21 -_._ 22 VIII ,) Yn . gat,MA 23 dr lerk 24 25 01Y O taL ,41 _ . __ . - , _ , 0 ____ ._ o • S:\CA\Ordinances\LDR Changes\Amdending LDR-Chapter 2.-6.F..doc • CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office,retail,recreational, and other miscellaneous uses on assembled parcels . : • : - -- - • - •_ - - within the Community Redevelopment Area. All development and redevelopment shall be gamed by-en ginlIM-muire a site Infliftproval to be processed concurrently with the application for rezoning. :.• . . . . . . . . . . .. .. . . .. . .. - . • _ , -: . . . :, . . , . ' : . .. The objectives of the Mixed Use zoning districts are as follows: a., Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities,heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk;while maximizing compatibility and harmony with adjoining development within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east of I-95, identified on the City's Future Land Use Map,where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment,population,transportation,housing,public facilities,and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity(MU-H) and Mixed Use-Low Intensity(MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. ;tiU ;04, yrw:am$^�1' ' + "��! r 30 w..' "ijaq v"(I,M;.,;31.A "1'7"x1f A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core(MX-C)on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (1) Upon adoption of the Mixed Use-Core(MX-C) land use classification, this zoning district shall only be appliedto lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 1 - S:\Planning\SHARED\WP\SPECPRO]\CODE REVIEW\CDRV MU-I-I MU-L\Code strike&under4-14-04.doc (3) The district allows a maximum height of one hundred-fifty(150) feet and a residential density of 80 dwelling units per acre,provided that all new developments within this district that front on streets designated as"arterial"or"collector"roads'-'ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. b. MU-L(Mixed-Use-Low Intensity)Zoning District. (1) In order to complement the revitalization efforts in the City's commercial core,the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed.Use (MX) on the Future Land Use Map. (2)The MU-L district is appropriate for low-to mid-rise developments that provide,for medium density residential,uses. (3) The district allows a maximum height of seventy-five(75)feet and a residential density of 40 dwelling units per acre for mixed use projects. (4) Building heights between seventy-five(75)feet and one hundred (100) feet may be permitted if reviewed as a conditional use. (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) z.1., 'aertlfiiP this district that contain a .ke, ,1%' T.,rf c front on streets designated • o. is=ways o- the c:liTirr%m ry n., 13 -° -contain a mixture of retail commercial,office and/or residential uses,which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. lotted-Uses. - a. The following table identifies the permitted,restricted and prohibited uses within the Mixed Use Zoning Districts. b. Uses are classified as Permitted"P", Conditional"C"or Not Permitted GGN99. lv c. Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided,however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. 2 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV MU-H MU-L\Code strike&under4-14-04.doc • ogyp ;�i! F hrt N'.0) 1;';cgF.axj, 3, li,vis s M I . ,11 4,11 t i x ' a any �'`'n a c" g t .1 o,;',7:".;111',; f"•.: . ;-41.14_nVri) i'uR 1:0117. May increase to - • • , . •• - - -• • • • - - above 75 ft. and up to 100 ft., subject to conditional use approval to ensure design and land use incompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% 30% All Other Uses 20% 15% FRONT YARD SETBACK MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.' --- Residential, Single Family Attached build to line 10 --- -Residential,Multi-Family build to line 10 ft.2 0-15 ft. All Other Uses including mixed use with a single-family Oft or 10 ft3 0 ft OF 4015ft4 attached component—build-to line 1 Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings,balconies,porches and/or stoops shall may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awnings,balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d)Landscaping (below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Corner 15 ft --- End 10 ft. --- _ Residential, Single Family Attached(Duplex) Corner 15 ft. --- Residential, single Family Attached (Townhomes) End 10 ft --- Corner 15 ft. Residential, Multi-Family 20 ft' 0 ft- 8 S:\Planning\SHARED\WP\SPECPRO]\CODE REVIEW\CDRV MU-H MU-L\Code strike&under4-14-04.doc All Other Uses Adjacent to Residential Single Family Attached or 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ' l 0 ft. plus one additional foot for each foot of height over 45 ft.where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential,Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 ft.2 0 ft. ' All Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.' Where Yard is Adjacent to Residential Single Family 25 ft.2 25 ft.2 Attached or Detached Where yard is Adjacent to All Other Uses 0 ft.2 0 ft.3 subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning Districts. All requests for rezoning from any single-family residential district to a mixed use zoning_district shall be subject to the following additional requirements: • Height, density and intensity of development based on the roadway frontage: • 1',}jv'E'•.�,'s3 , !'Rm A, ,'4�P"`'y a tai_PwH;4:;.>L.. ra.IV, !r'u.v4 e;4Z,u'.:4.V� M:.., :.ii:a aEYI:.,6Y ik /t.'+!:�7sti',c. fl:^14;, • Vehicular access to the property located to minimize impacts on adjacent single- family developments and meet safety standards: and, • Landscape barriers provided, in accordance with the landscape regulations of this code,where the rezoned property abuts single-family residential zoning. 67 . Mixed Uses. a. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged,within the MU-L zoning district_and Mixed use structures are subject to the same development standards as"all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 9 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV MU-H MU-L\Code strike&under4-14-04.doc I k and-corridors. Hotel: A building or portion thereof containing twenty(20)or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty(30)days. Ancillary facilities may include conference facilities, restaurants,bars,recreation facilities,ballrooms,banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. Hotel,Boutique: A small luxury hotel containing ten(10)tofifteen-(454 twenty(20) guest rooms. Meal service is usually breakfast only,but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel,Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5%of its rooms are occupied for at least thirty(30)days and no more than one hundred and eighty(180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/Work Unit: A commercial unit with incidental residential accommodations occupying one (1)or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one(1)or more persons residing in the unit; and, 2. living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. - Medical outpatient.facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. . Mixed Use Develo•ment: a combination of two or more uses on a single parcel ,•f u:' .�; C9ti V; . Mixed Use-High zoning district this shall consist of a stru e or series o s i• res ontaining groundeer-retail commercial with office uses and/orhensingabove residential uses arranged vertically. In the Mixed Use-Low Intensity v,a, c �� p . r��u �`� '' `- zoning districts, mixed-use can refer not only to uses within single buf i ngs, •ut to differen uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten(10)residential units or rooms,which generally have direct access to a parking lot, street,drive, court,patio, etc. Newsstand: a stall,booth or store where newspapers and magazines are sold. 15 • S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV MU-H MU-L\Code strike&undcr4-14-04.doc