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Minutes 07-20-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 20,2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Dr. Marshall Cook - Boynton Beach Congregational United Church of Christ C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Dr. Marshall Cook offered an invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Mack McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ensler requested hearing The Promenade items together in this sequence: 1) Item VIII.K Rezoning, 2) Item XII.B-1 Proposed Ordinance No. 04- 060, 3) VI.E-3 Site Plan Approval, and 4) VI.E-4 Height Exception. Commissioner Ensler also requested that the Winchester items be heard in this sequence: VIII.L Comprehensive Plan Text Amendment Suburban Mixed Use and 2) XII.B-5 Proposed Ordinance No. 04-049 Adding Mixed Use Suburban Land Use category. Commissioner McCray inquired whether this reordering would be proper, and Attorney Cherof responded that it was legally acceptable. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Ensler seconded the motion that carried 5-0. Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor was pleased to recognize in the audience his daughter and two grandsons, Taylor and Spencer, who were visiting from Georgia. Commissioner McCray announced that there had been a change in date in the Marlins trip from July 28 to July 30 and that flyers were available at the dais. III. ANNOUNCMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations - None 2. Brief Summary and Presentation of Commemorative Artwork - by Valorie Moats and Carisse Lejeune Ms. LeJeune expressed the City's ongoing commitment to D Company, Delta Demons, of the Second Battalion, 32ih Infantry Regiment of the 101 st Airborne Division. During the year that D Company was in Iraq, the community of Boynton Beach sent them over 250 "care" packages, cards, and letters. On a recent trip to Ft. Campbell, Kentucky for a celebration, Ms. Moats and Ms. LeJeune were given a piece of commemorative artwork for the City, which they presented to Mayor Taylor on behalf of the citizens of Boynton Beach. Since the Delta Demons had been deployed again, Ms. LeJeune and Ms. Moats pledged to continue the same level of support for the Delta Demons. Mayor Taylor praised Ms. Moats, Ms. LeJeune and the community for their hard work and support of this very worthwhile project. He noted that it was important that the citizens continue their support and remembrance of those who served in the Armed Forces. 3. Award Certificate of Appreciation to Utilities Department Employees Twenty-four employees of the Utilities Department were recognized for their outstanding work during a recent sewage leak. Their round-the-clock efforts kept the 2 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 sewage from backing up into resident's homes, businesses, and communities. City Manager Bressner lauded them for handling this quietly, quickly, and efficiently. Waste Water Collection Supervisor Tony Lombardi expressed appreciation for the recognition. He felt it was an honor and a privilege to serve the City and he was extremely proud of the employees who had pitched in to fix what could have been a huge problem for everyone in the City. Mayor Taylor asked that the City's message of deep appreciation be delivered to all those who were not present. 4. Award Certificate of Completion to Commissioner Bob Ensler for completion of the Institute for Elected Municipal Officials Mayor Taylor presented this award to Commissioner Ensler and congratulated him for spending his own time to prepare for service as a Commissioner. IV. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTA nONS (At the discretion of the Chair, this 30-minute allowance may need to be adjusted depending on the level of business coming before the City Commission.) Rosemary Childs, 999 Old Boynton Road, felt that traffic concerns had escalated due to development and wanted to see that development curtailed. She mentioned congestion on Old Boynton Road and asked if there were any plans to widen it. Mayor Taylor responded that he did not know of any such plan at this time. She appreciated the efforts of the Police in general, but felt that more attention needed to be directed towards Old Boynton Road. David Banks and Allen James, Sible Church of God, spoke in reference to a proposed charter school at 1390 N. Seacrest Boulevard. They sought the Commission's assistance to find a way to open the school's doors as planned on August 11. They had tried to submit an application but had been told that they could not do so and could not even get an application. City Manager Bressner explained that the City's zoning regulations would apply and this had been discussed with the principal of the school. The application for the zoning clearance had to go to the Planning & Development Board and ultimately, to the City Commission for approval by Ordinance. The City was undergoing a Notice of Intent for non-residential uses in residential districts that was scheduled to come before the City Commission on August 3 for a final report from staff. Assuming that the Commission decided to move forward with that, the charter school could file its application on August 4. The problem was that the earliest it could come before the Commission 3 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 would be September or October. He had spoken with the principal of the charter school about alternative spaces that could be leased on an interim basis. The charter school principal stated that the school could not even get an application to start preparing it. City Manager Bressner reiterated his instruction to staff to work with the school to get the application materials ready for filing so that they would be ready to go on August 4, even though the application could not officially be accepted until after August 3. Mr. Banks asked what locations they could consider. Mayor Taylor directed Mr. Banks to address this issue with staff, who could probably suggest alternative locations. Commissioner McCray asked if there were any other problems that the City could foresee that might prevent the school from opening at an alternate location on August 11. He felt that the timing was critical and asked the City Manager to keep in touch with him about this issue. City Manager Bressner asked Dick Hudson to relay to Quintus Greene his direction to work with the charter school applicant to resolve the issue. City Manager Bressner was going on vacation, but would be available by cell phone. Mr. Banks asked about the fire inspection requirement, and City Manager Bressner advised him that this was a routine matter and should not hold the project up unless there were some major problems in the existing building of which he was unaware. Dom Desiderio, member of the Boynton Beach Alliance (BBA), 2755 South Federal Highway, explained why he had filed a lawsuit against the City regarding the Fire Assessment. The lawsuit by the BBA and his committee was not against the Fire Department or the Fire Chief, who were doing an excellent job. It was against the inadequate apportionment of the fire assessment. In his opinion, the Fire Assessment protected all large property owners. The Boynton Beach Mall had 1.5M sq. ft. of space and they paid a little under 2 cents per sq. ft. or $15,000. Mr. Desiderio had a small business on Federal Highway that was 20K sq. ft. and he was paying $3,090 a year or 15 cents per square foot. He felt that his side would prevail in the lawsuit. He stated that the Fire Assessment had been based on data for fire calls from 2000-01 when there were 61 actual fires, 55 of which were residential. In 2001 there were 62 fires, 54 of which were residential. He hoped the City Commission could adjust this matter. Jim Wilson, 1224 Isle Court, Venetian Isles, spoke against the rezoning for Boynton Town Center, primarily because of the clogging that was already occurring on Old Boynton Road. If the development came to pass, he requested the City or the County to make Old Boynton Road into a five-lane road with a median strip in the middle and one-way traffic on each side to encourage a steady flow of traffic. If a little land were taken from each side of the road, this could be accomplished. As no one else came forward to spea/ç Mayor Taylor closed the Public Audience. V. ADMINISTRATIVE: 4 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Adv Bd on Children & Youth Alt 1 yr term to 4/05 I Ensler Adv Bd on Children & Youth Alt 1 yr term to 4/05 II McCray Bldg. Bel of Adj & Appeals Reg 3 yr term to 4/07 Tabled(2) III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled(2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled(2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled(2) IV McKoy Cemetery Board Alt 1 yr term to 4/05 II McCray Code Compliance Board Alt 1 yr term to 4/05 I Ensler Code Compliance Board Reg 3 yr term to 4/05 Tabled(2) III Ferguson Education Advisory Board Alt 1 yr term to 4/05 IV McKoy Education Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Education Advisory Board Alt 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 Tabled(3) IV McKoy Planning & Development Reg 2 yr term to 4/05 III McKoy Police Officers' Pension Plan Reg 2 yr term to 4/05 Tabled(2) IV. McKoy Senior Advisory Board Alt 1 yr term to 4/05 Mayor Taylor, Vice Mayor Ferguson, and Commissioner McCray tabled all appointments due to lack of candidates. Commissioner Ensler moved Lisa Simshauser up from Alternate to Regular Member of the Code Compliance Board. Motion Vice Mayor Ferguson moved to approve the appointment. Commissioner McCray seconded the motion that carried 5-0. Commissioner Ensler tabled his remaining appointments due to lack of candidates. Commissioner McKoy moved Mike Friedland up from Alternate to Regular Member of the Planning & Development Board. 5 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Vice Mayor Ferguson moved to approve the appointment. Commissioner McCray seconded the motion that carried 5-0. Commissioner McKoy appointed John Hollihan as a Regular Member of the Police Officers' Pension Board. Motion Vice Mayor Ferguson moved to approve the appointment. Commissioner McCray seconded the motion that carried 5-0. Commissioner McKoy tabled his remaining appointments due to lack of candidates. 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. Agenda Preview Conference Meeting Minutes - July 2, 2004 2. Regular City Commission Meeting Minutes - July 6, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUGS SUPPLIES", BID #061-1412-04/JA, to various vendors with an estimated annual expenditure of $35,000 (contract period: 6/24/04 thru 6/23/05) 2. Award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS", BID #064-2510-04/0D, to WASTEQUIP/dba INDUSTRIAL REFUSE SALES of Eaton Park, Florida, in the amount of $100,000 3. Approve the "piggy-back" of the City of Margate, Contract #8998, to Safety Equipment Company for the purchase of Turnout Gear in the amount of $28,674.65 6 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 4. Approve the "piggy-back" of the City of Fort Myers, Bid #68-03-04, awarded to H. C. Warner, Inc. for the purchase of Cartridge Filters in the estimated amount of $25,000 5. Approve the purchase from Kustom Signal, Inc. 20 in-car video cameras and four (4) motorcycle cameras at a cost of $128,220, a workstation and server to upload and maintain as-terabyte database to store video images at a cost of $60,000 (All funding from Police Forfeiture Funds) C. Resolutions: 1. Proposed Resolution No. R04-112 Re: Amending Rule #18 of the Cemetery Rules & Regulations regarding flowers at the Mausoleum 2. Proposed Resolution No. R04-113 Re: Supporting Amendment #1 and Amendment #2 to the Gas Tax Interlocal Agreements 3. Proposed Resolution No. R04-114 Re: Declaring the public necessity of acquiring four (4) parcels of property for the purpose of building a new community center that will replace Wilson Center, refurbishing Wilson Pool and improving the adjacent park Commissioner Ensler removed item C.3 from the Consent Agenda. 4. Proposed Resolution No. R04-115 Re: Ratification of Deed Conservation Easement from the City of Boynton Beach to the South Florida Water Management District (INCA Project) 5. Proposed Resolution No. R04-116 Re: Acceptance of Deed Conservation Easement from Levitt Commercial High Ridge II, LLC to the City of Boynton Beach 6. Intentionally left blank 7. Proposed Resolution No. R04-117 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Karen Crickenberger for the property at 1065 James Road, Lantana, Florida (Hypoluxo Ridge, L T 19 (less E 20 FT) & E 40 FT of L T 20 7 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 8. Proposed Resolution No. R04-118 Re: Approving amendments to the CH2M Hill Task Order #2 in the amount of $232,140 yielding a revised contract amount of $528,199 for Fire Station #2 9. Proposed Resolution No. R04-119 Re: Approving an agreement with the Florida Department of Environmental Protection, Office of Greenways and Trails, along with South Florida Water Management District, to formally designate Palmetto Green Linear Park as part of the Florida Greenways and Trails System 10. Proposed Resolution No. R04-120 Re: Approvi ng Task Order No. U04-16-02 to PBS&J to provide professional engineering services for the SE Federal Highway Corridor Water Main Replacement and Stormwater Improvements Project in the amount of $290,781 11. Proposed Resolution No. R04-121 Re: Changing the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan to Increase the local maximum purchase price for existing homes from $130,000 to $155,000 and increase the local maximum purchase price for newly constructed homes from $145,000 to $170,000 12. Proposed Resolution No. R04-122 Re: Opposing the proposed Florida Power & Light transmission line roùtes along Woolbright Road from the western corporate limits of the City east to Congress Avenue and on Congress Avenue south to the corporate limits of the City; encouraging Florida Power & Light to evaluate other routes for the proposed transmission lines Mayor Taylor removed item C.12 from the Consent Agenda. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Waterside (NWSP 04-003) - East side of South Federal Highway, between Palmer Road and Chukker Road - Request for a 8 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 new site plan approval for 113 fee-simple town homes and related site improvements on a 7.29-acre parcel in a proposed IPUD zoning district 2. IPUD (CDRV 04-005) - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5. L. Infill Planned Unit Development, providing additional standards for building design, usable open space and compatibility with surrounding development Consent Agenda Items E.3 and EA were removed from the Consent Agenda and were considered during the Public Hearing on The Promenade. 3. The Promenade (NWSP 04-009) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district 4. The Promenade (NWSP 04-002) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a height exception of 17' to allow the peak of a decorative tower to extend above the 150' maximum height provision in the Mixed Use High Intensity (MU-H) zoning district 5. Auto Repair in Commercial Master Plans (CDRV 04-004) - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C, to allow minor auto repair as conditional uses in stand-along buildings within commercial master plans in the C-3 zoning district Commissioner Ensler removed Item E.5 from the Consent Agenda. 6. Urban Parking Requirements - Mixed Use (CDRV 04-007) - Request to amend Chapter 2, Zoning, Section l1.H, reducing parking ratios for multi-family, hotel and marina uses in mixed-use projects within the CBD zoning district F. Authorize the use of Community Investment Funds from Mayor Taylor ($3,422), Commissioner Bob Ensler ($1,000), Commissioner Mack McCray ($2,000) and Commissioner Carl McKoy ($2,000) for the Peacemaker 9 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Program of the Boynton Beach Faith-Based Community Development Corporation G. Authorize payment to Florida East Coast Railway Co. LLC in the amount of $42,197.69 for crossing rebuilt at Martin Luther King, Jr. Boulevard H. Approve the release of a cash surety for Villa Del Sol development in the amount of $15,895 1. Return cash bond of $220 to David Miller for the project known as Harmon Glass J. Return the cash bond of $8,580 to Shakman Construction Co., Inc. for the project known as Krispy Kreme K. Return the cash bond of $750 to Vitacost.com for the project known as Vitacost L. Accept the written report to Commission of purchases over $10,000 for the month of June 2004 for information purposes M. Approve three (3) additional Inspection positions within the Building Division of the Department of Development Motion Commissioner McCray moved to approve the Consent Agenda, as amended. Vice Mayor Ferguson seconded the motion that carried 5-0. C.3 Proposed Resolution No. R04-114 Re: Declaring the public necessity of acquiring four (4) parcels of property for the purpose of building a new community center that will replace Wilson Center, refurbishing Wilson Pool and improving the adjacent park Commissioner Ensler noted that the Resolution called for four parcels and the backup indicated there were five parcels. Also, in one place the Resolution indicated four exhibits and in another place, five exhibits. He asked for clarification. City Attorney Cherof stated that there were a number of properties under several ownerships. It was properly designated on the agenda as four parcels, and they should proceed in that fashion. The balance of the Resolution was consistent with the intent to condemn that property if acquisition could not be accomplished through negotiation. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Commissioner Ensler asked for and received verification from City Attorney Cherof that the five properties in the backup were included, even though the agenda said four parcels. Motion Commissioner Ensler moved to approve Item C3. Commissioner McKoy seconded the motion that carried 5-0. C12. Proposed Resolution No. R04-122 Re: Opposing the proposed Florida Power & Light transmission line routes along Woolbright Road from the western corporate limits of the City east to Congress Avenue and on Congress Avenue south to the corporate limits of the City; encouraging Florida Power & Light to evaluate other routes for the proposed transmission lines Mayor Taylor invited public comment. Edgar Udine, 20 Brentwood Drive, Boynton Beach, president of the Hunters Run Property Owners Association, representing 3,000 residents of Boynton Beach, expressed that group's adamant opposition to the FPL proposal. He referred to the "interactive meeting" held by FPL the night before this meeting at the Middle School, which did not include a presentation and offered no opportunity for public comments or questions. His community was on Congress Avenue and the FPL proposed route was unacceptable due to: 1) health hazards from high power electric lines, 2) effect on residential property values from Woolbright Road down to the Delray Beach Canal, and 3) unsightly 85 foot poles in a residential area. FPL's philosophy was that 88% of Congress Avenue between Woolbright Road was commercial. However, between Woolbright and the L-30 Canal, he estimated that 88% was residential. Also, there was a totally new residential development in the vicinity with 300 town homes being built right where those power lines were proposed to go. Mr. Udine presented a petition opposing the proposed FPL power line route signed by 332 residents of Hunters Run. They encouraged the Commissioners and Mayor to vote in opposition to the FPL route and exert every effort it could to get the power lines re-routed away from the residential areas. The petition is on file in the City Clerk's office. Alice Warren Shook, 1719 Wood Fern Drive, Quail Run, expressed concern that the citizens had not been made aware of this issue except through the newspaper. A gentleman at FPL informed her that he had been in discussions with the City of Boynton Beach, but no one knew about it out in the community. She pointed out that the Coalition of Boynton West Residential Associations (COBWRA) had been involved early in the process and had kept its homeowner associations informed. Because of this, she was forming a similar group that would be called COBAC (City of Boynton Association of 11 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Communities) made up of representation from various homeowner associations. This would help the citizens to keep abreast of important issues affecting the community. Ms. Shook wanted the power lines to go on Federal Highway and for FPL to use the tracks already established. The residents did not want power lines disturbing the community. Mayor Taylor responded that the City also opposed the FPL power line route and that this was the purpose of the Resolution. The City was trying to resolve the issue with FPL. Mayor Taylor stated that staff had met with FPL very early on to ask them about their plans. Mayor Taylor attended some of the meetings where some five different routes were proposed. The City gave FPL its wishes regarding each route, including the one FPL was now proposing, the route to which the City most strenuously objected. FPL said they would look at the suggestions and get back to the City. It then appeared in the paper and FPL had decided on the one route that was the most objectionable to the City. FPL never got back with the City as they had claimed they would. Jack Novita, 2668 Cranbrook Drive, Boynton Beach, Silverlake, president of the Homeowners Association, expressed strong opposition from his community to the proposed FPL high-tension power line route that would literally be in the back yards of some of their homes. His research pointed to serious health consequences from living underneath power lines and was very concerned for the health and safety of the community. An article printed by the U.s. Department of Health and Human Services Office on Women's Health suggested that children living near power lines had approximately double the risk of leukemia or brain tumors. A link to breast cancer (5X the average rate of occurrence) was also mentioned. The proposed route would take the power lines right past Crosspointe Elementary School. He appreciated the City's opposition to the action and said that if necessary, he would put together a court action against FPL. Alan Smith, president of Pine Tree Country Club Estates Homeowners Association, an unincorporated area abutting the proposed FPL route, spoke on behalf of his association regarding the proposed FPL power line route. They believed that having the power lines on the proposed route would greatly devalue their properties, citing instances of drops in value of as much as $200K in areas where power lines had been put in. There were alternatives. Where possible, the priorities of power companies should be to avoid putting power lines near 1) residences, 2) businesses, and 3) to use available cleared wooded areas. This was not the case along Woolbright Road. Commissioner Ensler mentioned that he had gone to the FPL meeting at the school the previous night and hundreds of people had been disappointed when there was no public audience or forum. Commissioner Ensler asked the FPL Project Manager how they made the decision to alter the route. The manager stated that their study 12 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 indicated the reasons they chose this particular route. Commissioner Ensler asked if the City could have a copy of that report, and the official refused. Commissioner Ensler thought that it was extremely unfortunate that a State-protected monopoly did not operate according to the Sunshine Law of that State. Since the City had not been able to prevail against FPL directly, Commissioner Ensler asked the City Manager and the City Attorney to take whatever action was necessary to have FPL provide the City with a copy of that report so that the City could understand why FPL did not select a more appropriate route. The City already had quite a few power lines on Boynton Beach Boulevard, Old Boynton Road, 8th Street, and between homes in Golfview Harbour. He felt that FPL should not be allowed to do it, but they had done it. They needed to be stopped and made to produce the document to the public. Motion Commissioner Ensler moved to approve Item C.12, indicating that the City of Boynton Beach was totally against what FPL had done about the power lines. Commissioner McCray seconded the motion that carried 5-0. E.5 Auto Repair in Commercial Master Plans (CDRV 04-004) - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C, to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district Commissioner Ensler asked staff to which other C-3 zoning districts this item would apply. Ed Breese, Principal Planner, responded that it did not necessarily apply to C-3 zoning, but only to commercial planned districts, of which the City had only one, Grove Plaza, at Hypoluxo and Lawrence Roads. Commissioner Ensler asked if it would be possible to modify other commercial master plans to allow auto repair. Mr. Breese said the potential was there but it was slight. With the regulations staff had incorporated into this, auto repair could not be placed in outparcels, between a main building and a right-of-way, or between a main building and a residential district. Looking at the City's existing shopping centers, Mr. Breese thought this was unlikely to occur. Commissioner Ensler was concerned about putting an auto repair business in an inappropriate place and if staff felt secure that this would not happen, he would accept it. Mr. Breese stated that staff felt comfortable with it, but some in the community felt that this kind of operation should be more accessible than in the Industrial districts. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Commissioner Ensler moved to approve Item E.5., request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district. Vice Mayor Ferguson seconded the motion that passed 5-0. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS City Attorney Cherof swore in all who planned to testify during the Public Hearings. A. Project: Florida Collision (POSTPONED UNTIL 8/3/04 A T APPLICANTS 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-1) Proposed Use: Auto Body Repair, Storage and Towing Item VII1.L and XI1.B.5 were moved up during the agenda approval process. VIII.L. Project: Comprehensive Plan Text Amendments (CPTA 04-002) Suburban Mixed Use Owner: City- Initiated Description: Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use- Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development Dick Hudson, Senior Planner, presented the highlights of the Staff Report. Currently, the mixed-use land use designation was intended for application in the downtown in the Community Redevelopment Area. The proposed sub-category would establish a mixed- 14 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 use designation for areas in the City west of 1-95. It had also been applied to the DRI Land Use amendment that was up for adoption later in the meeting. Commissioner Ensler asked for an explanation of the reference to a "single unified design required to conform to any adopted design plans." Mr. Hudson responded that if design standards were adopted later, they would apply. There would be certain design elements that the SMU developer would propose that would be carried out throughout the development; however, staff would have to approve them and bring them to the Commission for approval. Commissioner Ensler confirmed that at Site Plan review, the Commission could ask what the design plan was for the project. Also, Mr. Hudson stated that they would expect to see themes and colors carried out throughout the development. Mayor Taylor opened the floor to public comment and closed it when no one wished to speak. Motion Commissioner Ensler moved to approve Item VIII.L., request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. Vice Mayor Ferguson seconded the motion that carried 5-0. This and subsequent items in the Public Hearing were re-ordered during the approval of the agenda. XII.B. Ordinances 1st Reading 5. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development City Attorney Cherof read Proposed Ordinance No. 04-049 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-049. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. B. Project: Boynton Village (LUAR 04-006) Agent: Ruden, McCloskey, Smith, Schuster & Russell, P.A. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Owner: Klatt Family Limited Partnership Location: Between Congress Avenue and the LWDD E-4 Canal and south of the C-16 (Boynton) Canal Description: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban; and Request to rezone from R-1-AA single-family residential to Suburban Mixed Use (SMU) Proposed Use: Mixed-use development of +81.814 acres containing retail, office and residential uses. C. Project: Boynton Town Center (LUAR 04-007) Agent: Ruden, McCloskey, Smith, Schuster & Russell, P.A. Owner: Klatt Family Limited Partnership Location: Northeast corner of Congress Avenue and Old Boynton Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial; and Request to rezone from R-1-AA single-family residential to C-3 Community Commercial Proposed Use: Commercial retail development of +25.00 acres. Dick Hudson, Sr. Planner, summarized the staff report on this item. Attorney Cherof asked for a representative of the applicant to come forward. He further stated that item VIII.C could be heard at the same time if the applicant had no objections. Jim Comparato with Compson Associates, 980 N. Federal Highway, stated he was present to talk about the property commonly known as the "Winchester" property. He agreed to address this item and item VIII.C concurrently. Mr. Comparato stated that the first item was Boynton Village, which was a property that was designed as an 81.8-acre mixed-use development. They were asking the Commission to consider SMU zoning on this site. The concept would be to develop 1,120 residential units together with approximately 153K sq. ft. of retail and 10K sq. ft. of office. This project itself was a Suburban Mixed Use design, which meant that there would be vertical as well as horizontal integration with commercial, residential, and 16 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 office in conjunction with the balance of the site. Part of the SMU zoning district and mixed-use zoning was to create pedestrian-friendly walkways in a project that could be viewed as something "special" and what they planned was just that. In the part of the parcel directly adjacent to the C-3 district they wanted to have a "Village" concept. A Village concept was essentially two residential sections running parallel to each other, creating a streetscape. In that streetscape there would be mixed-use development such as retail with some residential above, some office above, some individual retail, some individual residential, and a mixed plan of development that was cohesive in making up a new neighborhood. They planned to have three-stories with lesser density on the parcel just east of the connector road. There was a connector road running through the center of the 81 acres, from Old Boynton Beach Road to the Canal. They had been told that it was in their best interest and the City had requested that they connect that road to the existing road being built through Renaissance Commons. That would provide a roadway system that paralleled Congress Avenue and ran from Gateway Boulevard over to Old Boynton Beach Road. Everything east of that on the Winchester parcel was currently planned for town home development. The SMU district had a 55 ft. height limitation and a 75 ft. conditional approval. They did not intend to build anything except the 55 ft. east of that roadway system. He had spoken to Commissioner McKoy on several occasions and he had recommended that they limit their development and build in a "wedding cake" fashion, allowing higher structures to be put in the center of the property and lower structures towards the exterior and perimeters. Directly adjacent to that was the Boynton Town Center parcel, which was essentially 25 acres of C-3 development. That C-3 development was the same kind that was directly across Congress Avenue and Old Boynton Beach Road. When they originally came to the City, they had anticipated bringing it all in as a Suburban Mixed Use development. Unfortunately, there was a limitation as to the size of the anchor that could be placed on the property. They felt it was imperative to have a "draw" to create the Village concept they wanted to create. They were proposing to put in a big, major draw of approximately 185K to 200K sq. ft. Target was one of the companies that they had approached, but they were considering others. Regardless of what they did, it was important for the success of any project of this size to have a "draw" that would bring people to the Village. In the downtown Village on the adjacent parcel, the draw was needed to sustain the restaurants, the small tenants, and the concept had never really changed. They had all seen strip shopping centers that were not successful, primarily from lack of a major draw. The tenants they had been speaking with would assure that draw. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 It was Mr. Comparato's understanding that the Suburban Mixed Use proposal would be transmitted to the DCA and during the 60-day review period, the applicant would analyze traffic, concurrency, water, sewer, sanitary systems, and all the things that had to be considered as part of the project. This was not an approval. At some point, when the issues had been worked out, they would come back before the Commission for approval. The County had announced that they would not review the project for traffic concurrency or analysis until the City had transmitted it for review by DCA. This was the beginning of a long review process for them and if the community had ideas about what they wanted to see, they were very open as to how to do their site plan. Part of their review would be a determination of whether or not they could comply with all the regulations that would be put upon them. He offered to answer questions. Mayor Taylor opened the floor to public comment. The following citizens spoke in opposition to this project or to various facets of it: Kim McGow, 945 Legrace Circle Maida Daughtrey, 843 N.W. 11th Street Dom Desiderio, 2755 S. Federal Highway Tom McGow, 945 LeGrace Circle Alice Shook, 1719 Wood Fern Drive Patricia Fitzpatrick, 101 S.W. 4th Avenue Ross Silverio, 10 Velaire Drive Kathy Silverio, 10 Velaire Drive Gary Lehnertz, 619 S.W. 2nd Avenue Kay Gates Micheline Many, 1001 Coral Court Jim Wilson, 1224 Isle Court The entire content of their comments is contained on the recording taken during the meeting and would be available in the City Clerk's Office upon request. The content of their objections is summarized as follows: One thread that ran throughout the comments was that the residents wanted the City to consider the well being of its citizens in terms of development that would add to the quality of life for the citizens. Many felt that this should take precedence over economic realities. Disappointment was expressed because the citizens felt they had been promised something special and were now being faced with another "big box" on a huge parking lot. Most of the comments were directed towards not wanting or needing another large commercial business like Target, especially since the area already had a lot of that type of business. Traffic concerns were paramount, especially along Old Boynton Road. Also, a resident of Sky Lake stated they did not want the power lines in 18 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 their back yards to support the Motorola property and asked the Commission to look into this. Another theme was that the City could decide not to grant the zoning, which was seen by some to be a gift. If that "gift" were given, they wanted something in return such as lots of green space, a park, another cemetery, a dog park, a 400 ft. wide green path replanted with native vegetation along the two canals, another ball field, a teen center, and other such improvements. Another citizen felt that the developers should pay their fair share of the property tax load that resulted from the extra costs for fire and police protection resulting from development. Another resident called for the City to have a better vision for the community than to have it look like Delray Beach and Fort Lauderdale. Another resident asked for consideration for the existing property owners who had been paying taxes for years. Consideration for the animals residing on the property and their need to find new living quarters was also requested. People wanted a place that was green where they could walk and ride bikes. The residents asked the developer to consider its neighbors and do something good for all the residents. Alice Warren Shook apologized for her remarks during the power line discussion. She had been uninformed about the City's position. Mayor Taylor stated that no apology was required. Glenn Jorgenson, Chair Elect of the Boynton Beach Chamber of Commerce, spoke in favor of the project, stating that it would be a place where small businesses could exist and thrive, and facilitating and encouraging small business opportunities was the goal of the Chamber of Commerce. Also, the Chamber preferred to have a project of this quality in place of a building (Motorola) that would probably have been vacant for a long time. Mayor Taylor closed the noor to public comment Mayor Taylor said he had heard the comment that this was the City's land so the developer should give the City some acres. He reminded the citizens that this was not the City's land. It was private property. Private people could develop their land and sell it. The City could negotiate with the developer for land, green space, a park, and so forth, but this was not a given. He was also in favor of the amenities that the residents had requested, but they could not be demanded. Jim Comparato with Compson Associates, 980 N. Federal Highway, Boynton Beach, offered to answer questions. Mayor Taylor asked Mr. Comparato to address the comment that was made about the project starting out to be pedestrian-friendly and changing to a different type of development. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20,2004 Mr. Comparato stated that this was a site plan issue. Their intention was to do much of the same thing that was done at Renaissance Commons and create pathways and bikeways and green areas throughout the project that would allow pedestrian traffic to travel around the perimeter and throughout the residential and commercial areas. He pointed out that Traditional Neighborhood Development called for a non-gated community that allowed free access to pedestrians and the public and this was what they wanted to encourage. Mayor Taylor asked Mr. Comparato to address the buffer between the Sky Lake property and the canal and the beginning of his property line. Mr. Comparato stated that they would be willing to do something very similar to what they did in Renaissance Commons and that was provide a 40' wide green space along the eastern boundary, with a rambling path down the center of it. In addition to that 40 feet, there was also a right-of-way that was adjacent to that between the canal and that greenway area, which would measure close to 75 additional feet from the water line in the canal. There would really be 100 feet from the water's edge up through that space, then the project's setbacks, and then the buildings would begin. Mayor Taylor asked Mr. Comparato about park space. Mr. Comparato would be happy to work with staff on all the issues with respect to parks and try to come up with something that worked for everyone. Mayor Taylor mentioned all the comments that had been made about traffic and he agreed that more people equated to more traffic. However, he pointed out that the issue at hand was a transmittal of the City's plans to DCA. The applicant would still be responsible for working out all traffic requirements, including widening Old Boynton Road if that were shown to be necessary. Mayor Taylor stated that the City was six miles long and he could be anywhere in the City from his house at the southern end of the City in fifteen minutes and not break the speed limit. He did not quite believe that the City was bogged down with traffic today. He knew that there would be more cars tomorrow, but it was the City's job to control traffic and look ahead and plan those roads. Mayor Taylor spoke about the comment about paying more taxes. People asked for parks, for more to be done with the roads and high schools, to save the Woman's Club, and the money to do that came from new business. Businesses paid the bill here and the way the City kept the citizens' taxes down was to create new business. When next fiscal year's budget was finalized, the residents would see that their taxes would not rise, but would go down. Taxes were going down because the City was bringing new 20 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 businesses into the community to help do that so they did not have to go back to the citizens for money. Mayor Taylor agreed that a Target might move to this project. The current zoning prevented "big boxes" and that was why the City was asking to change the zoning to C- 3. Another option would be not to grant that C-3. However, a retailer could go up two stories, as Target did in Deerfield. Mr. Comparato stated that this project would bring property taxes of approximately $2.7M to $3M annually, just from the Winchester parcel. He knew that they would have to work with the City, staff, the State, and others to resolve issues that pertained to traffic. They would have to conform to all City Comprehensive Plan issues also. It was their intent to address each of these items to the fullest extent of their ability. Commissioner Ensler commented that the key to making this project look nice was to have a design plan with nice architectural features. He wanted to see something that the community could be proud of when it was finished. Referring to the staff report, Commissioner Ensler commented that because of the density for this project, Gateway Boulevard and Old Boynton Road would drop from Level of Service "D" to "E", without improvements to these roadways. He asked for an explanation of this. Dick Hudson stated that the traffic would increase on those roads beyond their capacity designated for Level of Service "D." Commissioner Ensler asked if this meant that those two roads would have to be widened, and Mr. Hudson responded affirmatively. Commissioner Ensler commented that the applicant's traffic analysis referred to the necessity of widening Gateway Boulevard from four lanes to six lanes from Congress Avenue to High Ridge Road, and the widening of Old Boynton Road from 2 lanes to 5 lanes between Boynton Beach Boulevard and Congress Avenue. He asked if that was what they could anticipate. Mr. Hudson responded that this was the applicant's traffic analysis. The City had not received any report from the County to verify that. Commissioner Ensler said that since this was not in the County's Five-Year Roadway Improvements Program (2003-2008), if the developer wanted to develop the property within the five year period, who would pay for the widening of Gateway and Old Boynton Road? Mr. Hudson said they could ask for an amendment to the County's Five Year plan to move those items up on the agenda, or they could pay for the widening themselves, if such enhancements were determined to be necessary. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Commissioner Ensler stated that if those changes were not made, then would the developer be limited to some lower number of units on the property and if so, what would that number be? Mr. Hudson stated they did not know what that number might be. That was one of the things the County would have to tell the City. It could be limited. Commissioner Ensler said that all the developer could do until those roads were improved was to build to the limit of the current property without those improvements. If no changes were made, then the number of units would not be as requested in the plan that was provided. Mr. Hudson responded affirmatively. Commissioner Ensler asked about the requirement for four additional Police officers and wanted to know if that was the correct total and whether that requirement would fall in the next budget year. City Manager Bressner responded that the Police staff report indicated that approximately four officers would be required. The entire assemblage of property including the Motorola property, the Winchester property, and the Quantum property would generate an additional district or response zone, so the total number would probably be about 5.3 officers to cover for vacations. The timing of the need would be based on the development cycle of the properties totally and the call volumes. He could not say definitively whether it would be next fiscal year or not, but it would probably be required within the next three years. Commissioner Ensler asked for an explanation of the need for updating emergency dispatch capability. Fire Chief Bill Bingham stated that when discussing the impact of the properties, Fire Rescue analyzed their call volume. If they recognized a need to shift a zone, they had to make sure the CAD system had the capacity and the capability to make that change. Commissioner Ensler spoke of the City's ordinance that said that the developer could pay a fee for recreation or provide land or both. City Manager Bressner asked the Development Department to respond to that question. Commissioner Ensler also asked if staff had any preferences for this. Quintus Greene, Development Director, explained the theory behind the calculations in the staff report as it related to land dedication or impact fees, comparing the old ordinance to the new. If the City received land instead of a fee, the value of the land was largely determined by its zoning. If the land to the north were to be valued at between $300-400K and the City were paid an impact fee of $784K, the City could only afford to "purchase" about two acres of land. A dedication of land based on .015 acres 22 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 per dwelling unit would equal 16.8 acres (6 acres per 1,000 population @ 2.5 persons per household x 1,120 units). Under the old ordinance, the developer was given a 50% credit for some of the facilities provided within his development. On that basis, the City would receive 8.4 acres. The end result depended on using the old or the new formula, and how it was approached. City Manager Bressner commented that the old formula no longer existed. Commissioner Ensler asked Legal whether the current formula superseded the old one, and City Attorney Cherof responded affirmatively. It seemed to Commissioner Ensler that they would be talking about two acres. Mr. Greene said that this depended on the ultimate valuation of the property. If it were established at some other level, it would be different. Vice Mayor Ferguson thought that 16.8 acres for recreation and parks amounted to 20% of the overall development and would be a dynamite" plan for Greenways and he hoped that would occur. He was not interested in $784K and two acres of land for the City. He'd rather keep the 16.8 acres. Commissioner McCray stated he had lived in Boynton Beach for 50 years and had seen a lot of growth. Many years ago, the Commission had listened to the citizens and denied the Tradewinds development, resulting in the City being taken to court. The developer prevailed, and the City was still paying damages on that suit. He did not want to see history repeat itself. Boynton Beach was going to have development, regardless of whether anyone liked it or not, including himself. As elected officials, they lived in the City and would have to live with the results of any decisions they made. He thought it was possible to work together to achieve smart growth. Commissioner McKoy commented that the developer seemed willing to work with staff on options for parks and green space, concerns that were dear to him and to the citizens. It was obvious that development would take place, regardless of whether anyone wanted it to happen. As overseers of that, it was important that the interests of all the citizens were protected. He was interested in having staff looking at other options on possible green space and/or parks for this property. Motion Vice Mayor Ferguson moved to approve item VII1.B. Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential to Mixed Use Suburban. Commissioner McKoy seconded the motion that passed 5-0. 23 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Vice Mayor Ferguson moved to approve item VIII.C., request to rezone from R-1-AA single family residential to C-3 Community Commercial for commercial retail development of 25 acres. Commissioner McCray seconded the motion. Commissioner Ensler asked why staff had recommended denial. Mr. Hudson stated that staff had not recommended denial, but could not recommend approval because they wanted confirmation from the County's Traffic Department of the accuracy of the figures given in the applicant's traffic analysis. Commissioner Ensler asked staff for its recommendation. Mr. Hudson said that if the Commission wanted to consider approval of this, the development should be limited to 250K sq. ft., the figure the applicant used in its analysis, and that the Commission require that the applicant meet the County's performance standards. Commissioner Ensler asked if they approved it as written, if that would meet staff's objectives. Mr. Hudson said the City had 120 days before going to final adoption on this. If the issue had been resolved at that time, staff would recommend approval and if it had not been worked out, it would recommend denial at that time. Commissioner Ensler confirmed that the motion was to rezone it with a limitation of 250K sq. ft. He asked if this were acceptable. Mr. Comparato stated that it was. Mayor Taylor commented that on the SMU, they would be limited to 120K sq. ft. In the C-3 they would be allowed to exceed the 120K sq. ft., which would allow the big box concept that the applicant had requested. Commissioner Ensler confirmed that the 250K sq. ft. was not for anyone store, but would be for all of them put together. City Manager Bressner confirmed that it would only apply to the C-3 portion of this project, and not the SMU. The motion passed 5-0. Mayor Tay/or announced a 10-minute break at 8:52 p.m. The meeting resumed at 9:05 p.m. D. Project: Waterside (ANNEX 04-002) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach, LLC Location: East side of South Federal Highway between Palmer Road and Chukker Road Description: Request to annex 7.29 acres of property in connection with the request to build 113 fee-simple town homes and related site improvements 24 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 E. Project: Waterside (LUAR 04-002) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach, LLC Location: East side of South Federal Highway between Palmer Road and Chukker Road Description: 1) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential; and 2) Request to rezone from General Commercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple town homes and related site improvements City Attorney Cherof again swore in all who planned to testify. Dick Hudson, Sr. Planner, stated this was a three part item: 1) Annexation, 2) Land Use Map Amendment, and 3) Rezoning. The Commission agreed to consider the items concurrently, making individual motions at the end. The applicant did not object. Mr. Hudson gave the highlights of the staff report and stated that staff recommended approval of this item. He offered to answer questions. Bonnie Miskel, zoning and land use attorney, 222 Lakeview Avenue, West Palm Beach, appeared on behalf of the applicant, and offered to answer questions. She stated that the Commission had ratified the CRA's approval of the site plan earlier in the meeting. Mayor Taylor opened the floor to public comment The following individuals spoke in opposition to the proposed project: Phil Parker, 801 Chukker Road Jason Wheeler, 797 Chukker Road Arthur Schilling, Chukker Road Their concerns are summarized as follows: One resident did not want the project at all but would accept it with fewer units. Another resident asked for a shorter dividing wall than the 6-foot proposed wall. He was 25 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 also concerned that his property would be exposed to the brunt of construction traffic since the entrance was directly across from his home. Concerns were also expressed about liability for any damage that might occur to Chukker Road or the water lines as a result of construction. Another resident was concerned that the development would worsen an existing drainage problem in the vicinity of the project. Another resident asked to be able to continue to use his well. The residents wanted to preserve the quaint character of the neighborhood on Chukker Road. The impact of the project on traffic was a general concern of all the property owners on Chukker Road who spoke. Mayor Taylor closed the floor to public comment when no one else wished to speak. Mayor Taylor asked the applicant to speak about the resident's water concerns first. Carlos Ballbe, Keith &. Ballbe, Consulting Engineers, gave assurance that all the water would be retained on site and there would be no run-off onto Chukker Road. Any additional run-off created by this development would be stored underground or be discharged into the Intracoastal. The water would be pre-treated before going into the Intracoastal and they would be getting permits from South Florida Water Management to assure compliance with any environmental regulations. Mayor Taylor asked the applicant to address the height of the 6-foot wall. Ms. Miskel stated that the proposed wall would be obscured from view, eventually, by heavy landscaping. The six-foot height complied with the Boynton Beach Code and they were annexing into the City of Boynton Beach. Mayor Taylor asked about the entrance that was in front of a resident's home. Ms. Miskel said that the CRA had asked for this gate for reasons of safety. If it were closed off to make it only right turns out or only left turns into it, there would be some potential overflow onto Federal Highway. Even though the applicant agreed to limit access in some manner to right-outs or something like that, the CRA Board did not wish to consider that. Mayor Taylor asked if moving the entrance gate further down the road would put it in front of someone else's house. Mr. Ballbe responded that the entrance was placed closer to Federal Highway so there would be less impact on Chukker Road. Ms. Miskel addressed construction traffic into and out of the property, saying that they would limit traffic and request the contractors to use the primary means of ingress and egress off of Federal Highway. However, they were agreeable to posting a bond in the event that there was some damage done to Chukker Road during the course of construction. 26 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20,2004 In regard to trees, Ms. Miskel said they had provided for a lot of preservation and relocation of the trees and were adding a number of trees. This project had received staff review and was compliant with staff's wishes. Mayor Taylor asked how this would affect the one resident's well. Ms. Miskel stated that the applicant would agree to move that well to a location that would not be impacted by construction. Commissioner McKoy verified that a person would be seeing vegetation and not the wall. Ms. Miskel said that within a few years, the vegetation should be fully mature, but it would run along the entire expanse of that wall for the residents. There was also a wall proposed for Palmer Road on the north side of the property. Commissioner Ensler expressed the desire for this property to match the attractive appearance of other nice properties on Federal Highway and that it would not look like a box or just a line of buildings. Ms. Miskel stated that staff had been very sensitive to that point and had asked that the applicant apply a lot of detail to the entry and the front of the development. Also, they wanted people to be able to drive by and see out to the Intracoastal, so they encouraged the applicant to design the project in such a way that this could occur. Commissioner Ensler asked for and received confirmation that a three-story building was planned. The applicant stated that it would be similar to Coastal Bay and the town homes would be priced from $400K to $700K. Motion Vice Mayor Ferguson moved to approve Item VIII.D, the annexation of 7.29 acres of property in connection with the request to build 113 fee-simple town homes and related site improvements. Commissioner McKoy seconded the motion that passed 5-0. Motion Vice Mayor Ferguson moved to approve Item VII1.E, request to amend the Comprehensive Plan Future Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential. Commissioner McCray seconded the motion that passed 5-0. Motion Vice Mayor Ferguson moved to approve VII.E(2), request to rezone from General Commercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple town homes and related site improvements. Commissioner McCray seconded the motion that carried 5-0. 27 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 F. Project: Boynton Seafood (ABAN 04-002) Agent: Rodney Regan Owner: Jim Hanson and Carter Logan Location: 1022 North Federal Highway Description: Request for abandonment of a portion of a 20' wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision City Attorney Cherof reviewed the standard that the Commission must establish for abandonment. It must find that there was no public necessity for maintaining what was to be abandoned under the proposal. Mayor Taylor opened the floor for public comment, closing it when no on wished to speak. Manuel Herrera, part owner of Boynton Seafood, stated the alleys to the north and south of his business had already been abandoned. The purpose of abandoning their alley was to expand their business and add additional parking. Commissioner Ensler asked staff whether the City had examined any plats or titles to insure that the City could legally abandon the property and that there was no reversionary clause on the prior owner. City Attorney Cherof stated he had reviewed the plat and there was nothing that would prevent the Commission from determining that there was no public use, but the plat indicated reversionary interest to the individual or their successors or heirs that dedicated that subdivision. Whether or not that was a potential title issue for whoever wished to further expand the seafood restaurant, or who may now make a claim on a plat that was recorded in the 1920s, was unknown but should not concern the City. The Commission's only issue should be whether or not the proposed abandonment served a public purpose. Commissioner Ensler felt it was important that the person receiving the land agreed to accept it, since there was liability associated with ownership. City Attorney Cherof advised that there was no legal requirement as part of the abandonment process to obtain the consent of an adjacent property owner who would benefit from the abandonment. It was not a bad idea to put those individuals on notice so they could take appropriate action. However, if adjacent property owners were required to consent to abandonments, the singular issue of whether the property in question had a public use would be obstructed. Ed Breese, Principal Planner, stated that the adjoining property owner had been notified of this meeting and its purpose. Commissioner Ensler said that was different from 28 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 agreeing to accept the land. He would be uncomfortable approving this until such acceptance was obtained. Commissioner Ensler felt that notice should be given to all persons who would potentially use this property. There was another alley that ran east from this piece of property and this property seemed to be partly into that alley. He wondered whether anyone else used that alley. He wondered whether this alley had been previously abandoned and whether a problem would occur for the person coming west in that alley. Mr. Breese stated that this was not an issue that came up during the abandonment staff review. Commissioner Ensler asked Mr. Breese if staff had notified all the people who could potentially use this alley. Mr. Breese commented that they had notified the abutting property owners, as required by Code. Commissioner Ensler thought there was a problem of notification and ownership. He recommended tabling the issue until these matters could be resolved. Mayor Taylor asked if the City owned the other alley. City Attorney Cherof said that the other roadway was part of the original dedication of roadways, streets and alleys. It would be under City control unless earlier abandoned. He was not certain whether it was or not. There was nothing on the plat indicating that. Commissioner McCray stated that public notice had been given to the property owners that abut the right-of-way to be abandoned. All utility companies had been notified and the request was advertised in the newspaper pursuant to Chapter 22, Article 3, Section 4. Also, staff had determined that the subject alley no longer served a public purpose and recommended abandonment. He was glad that Boynton Seafood was putting in additional parking for the customers. Motion Commissioner McCray moved to approve Item VIII.F, request for abandonment of a portion of a 20-foot wide alley lying east of lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision. Commissioner McKoy seconded the motion. Commissioner Ensler offered a counter-motion. Motion Commissioner Ensler moved to table Item VIII.F until some of the questions had been answered since although the write-up indicates people had been notified through the newspaper, it was not the same as having a letter delivered to your door indicating that this alley was going to be taken away. 29 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Mayor Taylor asked for a vote on the substitute motion to table. The motion failed 4-1, only Commissioner Ensler in favor. Mayor Taylor then called for a vote on the original motion. The motion passed 4-1, Commissioner Ensler dissenting. G. Project: Lake Drive North (ABAN 04-003) Agent: Rodney Regan Owner: Avon Investments, Inc. Location: 2625 Lake Drive North Descri ption: Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision Motion Vice Mayor Ferguson moved to table Item VIII.G. Commissioner McKoy seconded the motion. A representative from a group in the audience asked to speak to the Commission before they voted on the motion to table. Mayor Taylor did not believe that public comment was allowed on a motion to table and City Attorney Cherof confirmed this. The representative stated that there were a significant number of homeowners present to address this item and they requested that the Commission not table the item. She asked why it was going to be tabled. Mayor Taylor responded that it was being tabled for the purpose of further staff review and would come up at the next City Commission meeting. If the group designated one of its members to contact him, City Attorney Cherof offered to discuss their concerns. The delegation's representative gave City Attorney Cherof a petition outlining the objections of the Lakeside Gardens community to this abandonment. The vote was 5-0. H. Project: NW 8th Avenue (ABAN 03-011) Agent: City-initiated Location: Approximately 400' west of Seacrest Boulevard between Lots 154 and 155 of Block C, and Lots 154 and 155 of Block D, Boynton Hills Subdivision Description: Request for abandonment of a portion of an unimproved 50' wide road right-of-way for NW 8th Avenue adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision City Attorney Cherof stated that the item was ready to go forward. There were no legal issues with respect to the abandonment. 30 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Ed Breese stated that staff recommended approval of this abandonment with the retention of a 25-foot easement along the south side. Mayor Taylor opened the floor for public comment, closing it when no on wished to speak. Charles Fix, Habitat for Humanity, stated that they owned the property on the south side of 8th Avenue and agreed with the easements. Commissioner Ensler confirmed with Mr. Breese that there were four properties adjoining the piece of land to be abandoned. Mr. Fix stated that Habitat for Humanity owned the three lots on the south side of 8th Avenue and Mr. Waters owned the two properties to the north. Commissioner Ensler asked if Mr. Waters had agreed to assume ownership and Mr. Fix responded that Mr. Waters was aware of it and agreed to the abandonment. Commissioner Ensler asked how much each property owner got from this abandonment. Staff responded, half, right down the middle of the right-of-way. Mr. Breese stated that there were only two owners, north and south. Commissioner Ensler stated that the property owner had to take ownership. After it was done, there would still be four properties unless they were going to be combined. Mr. Breese agreed. There would be one property owner to the north and two properties that belonged to Habitat for Humanity. Mr. Fix interjected that this particular abandonment fell under the reversionary rights scenario, similar to what existed with the Baptist Church when the City abandoned a street. They had entered into a contract with Mr. Leonard Smith from Atlanta, Georgia who owned those reversionary rights. Habitat would be purchasing those from him so it would be purchasing the actual title for that entire strip of land. Habitat had no problem with trying to work with Mr. Waters to give him a portion of that land since his property (a shed) was on it. Since that agreement had not been made, Commissioner Ensler asked whether the abandonment should be made subject to the agreement of the reversionary rights. City Attorney Cherof stated that the sole issue for the Commission was whether or not maintaining the property served a public purpose. If it did not, all the issues about future ownership or battles over title were private and not public matters at that point. Commissioner McCray added that it had been advertised in the newspaper. Motion Commissioner McCray moved to approve Item VII1.H. request for abandonment of portion of an unimproved, 50-foot wide road right-of-way for N.W. 8th Avenue, adjacent 31 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 to Lots 154 and 155, Boynton Hills Subdivision. Vice Mayor Ferguson seconded the motion that passed 5-0. 1. Project: Comprehensive Plan Text Amendments (CPTA 04-004) Figure 4-Functional Classification of Roadway Map Owner: City-i n itiated Description: Request to update Transportation Element data & analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors Dick Hudson, Sr. Planner, stated that this action would update the classification map to provide consistency with Palm Beach County's map. It would also allow for development under the Mixed Use Low Intensity Ordinance, which was in keeping with the adopted Redevelopment Plans for these areas. Mayor Taylor opened the floor for public comment, and closed it when no one came forward. Motion Vice Mayor Ferguson moved to approve Item VIlLI, request to update Transportation Element data and analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors. Commissioner McCray seconded the motion that passed 5-0. J. Project: Transportation Concurrency Exception Area (TCEA) (CPTA 04-003) Owner: City-initiated Description: Request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA Dick Hudson, Sr. Planner, stated this was to establish a Transportation Concurrency Exception Area in certain portions of the downtown area to allow a level of development in the downtown to go forward without the need for traffic concurrency. However, in order to do that, the City had to agree to monitor certain factors in the downtown related to transportation and also to establish alternate means to the single driver automobile in the downtown. These means included pedestrian ways and 32 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 bikeways and also a trolley system. Since this would definitely encourage development in the downtown, staff recommended approval. Mayor Taylor opened the floor for public comment, and closed it when no one wished to speak. Motion Commissioner McCray moved to approve Item VIILJ, request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception (TCEA) to facilitate development and redevelopment of properties located within the TCEA. Vice Mayor Ferguson seconded the motion that passed 5-0. K. Project: The Promenade (RElN 04-002) Agent: Weiner & Aronson, P.A. Owner: Boynton Beach Waterways Investment Associates, LLC Location: Northeast corner of North Federal Highway and Boynton Beach Boulevard Description: Request to rezone from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres Dick Hudson, Sr. Planner, presented the highlights of the Staff Report and stated that staff recommended approval of the request. Michael Weiner appeared on behalf of the owner of the land, Boynton Beach Waterway Investment Associates. He pointed out that what was being redeveloped was the old strip center with parking in front along Federal Highway that currently housed Margie's Restaurant and a discount auto store. Mr. Weiner showed the Commission the elevations and pointed out the design features of the project. He commented that with the advent of this project, the City could now boast a hotel in the downtown area. Mr. Weiner reported that all criteria for rezoning had been met. The same was true for the height exception. Upon request by the applicant, staff undertook an analysis of the City's parking requirements. At present, the City's parking requirements were based on suburban standards, which would require 784 parking spaces for this development. Upon request by the applicant, staff undertook an analysis of the City's parking requirements for the Mixed Use-High area and determined that under the proposed standards, this development would require 675 parking spaces. An ordinance for the 33 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20,2004 proposed Code changes would appear for first reading in October. The developer proposed to build 750 spaces, which was 75 more than would be required under the new standards. Even at 675 spaces, Boynton Beach's Code requirements for parking were higher than Plantation, West Palm Beach, and Miami Dade County. Mr. Weiner introduced the project team. Mayor Taylor opened the floor for public comment. Hearing none/ the floor was closed City Attorney Cherof asked Mr. Weiner if the Save our Cities lawsuit had been reviewed with his client, and Mr. Weiner responded affirmatively. City Attorney Cherof asked if the applicant had any concerns about that. Mr. Weiner said his client would prefer not to have a lawsuit, but felt comfortable that the City could take the action it was taking at this meeting. Motion Vice Mayor Ferguson moved to approve VIII.K, request to rezone from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed-use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres. Commissioner Ensler seconded the motion that carried 5-0. The following item preceded consideration of The Promenade Site Plan and Height Exception items that were reordered during Agenda Approval. LEGAL XII.B-16 Proposed Ordinance No. 04-060 Re: Rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres City Attorney Cherof read proposed Ordinance No. 04-060 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-060. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. VI.E.3 The Promenade (NWSP 04-009) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 34 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district This item was originally on the Consent Agenda, but was removed and reordered during Agenda Approval. 1st Consideration - The Promenade Site Plan Commissioner Ensler asked for an explanation of "no building permits were to be issued after the build-out date of 2006." Ed Breese, Principal Planner, responded that this was a requirement of the County Traffic Division. When their approval was given for traffic concurrency, they also designated a build-out date. If the project exceeded this build-out date, the traffic approval had to go back to be re-certified at the County level. Commissioner Ensler asked the applicant if this were acceptable. Michael Weiner, representative for the applicant, stated they were aware of that. Also, they were in agreement with all 72 conditions of approval. Commissioner Ensler noted that the building colors were indicated on page 7. He asked Mr. Weiner if it would be acceptable that the colors would not be changed without approval of the City. Mr. Weiner stated that this was acceptable. Commissioner Ensler asked if staff's request to use a sign program for the entire project to ensure sustained continuity throughout the life of the project was acceptable. Mr. Weiner indicated that this was acceptable also. Commissioner Ensler knew they had accepted all of the conditions but he was surprised about condition #57, which indicated that the building was too short. He asked for a comment about this. Mr. Breese responded that the requirement for the build-to line on the Federal Highway side was that the buildings be a minimum of 35 feet. They had varying heights from 24 or 26 feet to about 40 feet along there. Staff asked that they try to design to the 35 ft. height requirement as much as possible. Motion Commissioner McCray moved to approve Item VLE.3, request for new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 318 condominium 35 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district, subject to all conditions of approval. Commissioner McKoy seconded the motion. Commissioner Ensler asked for an amendment that the colors were not to be changed without City approval. Commissioner McCray agreed to the amendment. The vote passed 5-0. 2nd Consideration - The Promenade Height Exception VLE.4 The Promenade (NWSP 04-002) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a height exception of 17' to allow the peak of a decorative tower to extend above the 150' maximum height provision in the Mixed Use High Intensity (MU-H) zoning district This item was originally on the Consent Agenda, but was removed and reordered during Agenda Approval. There were no questions on the part of the Commissioners. Motion Vice Mayor Ferguson moved to approve Item VI.E.4, request for a height exception of 17' to allow the peak of a decorative tower to extend above the 150' maximum height provision in the Mixed Use High Intensity (MU-H) zoning district. Commissioner McKoy seconded the motion that passed 5-0. IX. CITY MANAGER'S REPORT: A. Intentionally left blank B. Approve Agreement for the Environmental Remediation of Old Mangrove High School (PROPOSED RESOLUTION NO. R04-124) City Manager Bressner referred to the proposed agreement with Dr. Scarry for an environmental remediation of the Old Mangrove High School, and suggested that Dr. Scarry could answer questions. Dr. Scarry had been involved with City Hall and the Library remediations and had been a great resource for the City. Mayor Taylor expressed his understanding that this contract was for work to bring the building into a habitable condition. Dr. Scarry said that it was to make the building into a safe and healthy place. Dr. Scarry referred to the original idea of getting rid of the pigeon droppings as step one and then addressing the asbestos tiling and other matters 36 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 as step two, proposing to do it in a one-step process. City Manager Bressner stated that this would pave the way for the rehabilitation and refurbishment of the building. At that point, the original task force might be reactivated and possibly other interested parties would become involved. Various groups were interested in using the building, such as the CRA and the Town Center team. Mayor Taylor recalled that when City Hall had to undergo environmental remediation, it started out as "X" amount of dollars and the more they worked and cleaned, the more they came back and said they needed more money, which became an endless pit for the City. He was concerned that the City not fall into that same trap again. Dr. Scarry said that his firm had nothing to do with the original remediation group to which Mayor Taylor referred. When the project had stretched out with little being accomplished, the then City Manager had enlisted the help of Dr. Scarry, whose team finished the job in record time. Commissioner Ensler asked how long it would be before a person could walk into the building without a "suit." Dr. Scarry said it would be about a three-week process working 10-hour days and six days a week. If approved at this meeting, the project could be finished by the end of August. Vice Mayor Ferguson stated that there was $300K for the old high school in the budget this year and a $175K proposal to stabilize the building. After the building was stabilized, it would take another $4M to refurbish. He did not find any real source for those funds. When the issue was considered previously, there were a number of promises from prominent citizens to help the City with some money for this, but nothing was ever received. It might be years before it could be refurbished and the rest of the Town Center project would be finished before anything was done. On the other hand, there was an estimate from the City Manager for $130K net per year for the Woman's Club. $4M for the high school added up to 31 years of a lease agreement with the Woman's Club before anything had to be done. They also had a proposal to demolish the high school for $255K. Vice Mayor Ferguson thought it was time for the City to exercise fiscal prudence. Mayor Taylor thought that Vice Mayor Ferguson had made some excellent points. His concern was that it was a health hazard the way it was and he was willing to move as far as this remediation to correct that. After that, he would be hesitant to go any farther until he saw what was going to happen with the Save our Cities lawsuit, because the people who had stood before the Commission and told them that it was the City's job to keep that high school and to redo it and keep the Woman's Club, were the same people who were trying to stop the development in this City that provided the dollars to do just those kinds of things. 37 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Commissioner McCray felt that the old high school was an eyesore to the community and something had to be done. It was a health and safety hazard. Motion Commissioner Ensler moved to approve Item IX-B, Agreement for the Environmental Remediation of Old Mangrove High School. Commissioner McKoy seconded the motion that passed 4-1, Vice Mayor Ferguson dissenting. X. FUTURE AGENDA ITEMS: A. City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (July) B. Proposed Lease Agreement with Boynton Woman's Club (TABLED ON 6/15/04) (08/17/04) c. Public Hearing and Adoption of Annual Fire Assessment Resolution (9/14/04) D. Workshop regarding City Hail/Public Safety Space Needs Report (TBA) E. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) XI. NEW BUSINESS: None XII. 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 ONJULY~ 2004) 38 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried 5-0. City Attorney Cherof read Proposed Ordinance No. 04-012 by title only. No one from the public wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-012. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 2. 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) (REMAINED ON TABLE ON JULY~ 2004) Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried 5-0. City Attorney Cherof read proposed Ordinance No. 04-013 by title only. No one from the audience wished to speak. Ed Breese, Principal Planner, stated that DOT had signed off on this item, but two conditions would have to be added to the Development Order. The build out time should be reduced from 30 years down to 25 years, making build out December 31, 2005. Also, the project must contribute to an additional westbound through lane at intersection of Gateway Boulevard and Congress Avenue prior to build out. Mayor Taylor asked Mr. Comparato if the applicant was in agreement with these two conditions, and he responded affirmatively. Commissioner McCray asked when staff had received this DOT signoff, and Mr. Breese responded that they had received it at almost 5:00 p.m. on the day of this meeting. 39 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-013, as amended. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 3. 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 ON JUL Y 6;. 2004) Motion Commissioner McCray made a motion to remove this item from the table. Commissioner McKoy seconded the motion that carried 5-0. City Attorney Cherof read Proposed Ordinance No. 04-014 by title only. No one from the audience wished to speak. Motion Commissioner McCray move to approve Proposed Ordinance No. 04-014. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 4. 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 ON JUL Y 6;. 2004) Motion Commissioner McCray made a motion to remove this item from the table. Commissioner McKoy seconded the motion that carried 5-0. City Attorney Cherof read Proposed Ordinance No. 04-015 by title only. No one from the audience wished to speak. 40 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-015. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 5. Proposed Ordinance No. 04-044 Re: Property Tax Assessment Exemption for Income Eligible Senior Citizens City Attorney Cherof read Proposed Ordinance No. 04-044 by title only. No one in the audience wished to speak. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-044. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04-045 Re: Amending the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban (Boynton Village) City Attorney Cherof read Proposed Ordinance No. 04-045 by title only. Motion Commissioner McKoy moved to approve Propose Ordinance No. 04-045. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 2. Proposed Ordinance No. 04-046 Re: Rezoning from R-1-AA single-family residential to Suburban Mixed Use (SMU) (Boynton Village) City Attorney Cherof read Proposed Ordinance No. 04-046 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-046. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 3. Proposed Ordinance No. 04-047 Re: Amending the Comprehensive Plan Future Land Use Map from Moderate 41 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Density Residential (MoDR) to Local Retail Commercial (Boynton Town Center) City Attorney Cherof read Proposed Ordinance No. 04-047 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-047. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 4. Proposed Ordinance No. 04-048 Re: Rezoning from R-1-AA single-family residential to C-3 Community Commercial (Boynton Town Center) City Attorney Cherof read Proposed Ordinance No. 04-048 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-048. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 6. Proposed Ordinance No. 04-050 Re: Providing for a one-time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a member's pension by purchasing service credits for such military service served by the member City Attorney read Proposed Ordinance No. 04-050 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-050. Commissioner McCray seconded the motion. Commissioner Ensler asked the purpose of this Ordinance and how it was different from the existing Ordinance. City Manager Bressner explained that the Police and Fire Pension Funds already had this feature and now the General Employees Pension Fund wanted to have it. Commissioner Ensler wanted to know the definition of military service. He said that someone could have been in the Canadian military or in the Reserves and he did not know if this would count. He wanted a formal definition of military service as it related to this Ordinance. 42 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 City Manager Bressner stated that it would be necessary to check the existing Ordinance in order to clarify this and that it might be appropriate to table this item. Since the next agenda was due by July 21, 2004 at 5:00 p.m., it would have to be tabled until the August 17, 2004 meeting. Motion Commissioner Ensler moved to table Proposed Ordinance 04-050 until the August 17, 2004 City Commission meeting. Commissioner McCray seconded the motion that carried unanimously. 7. Proposed Ordinance No. 04-051 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with another government entity Motion Vice Mayor Ferguson moved to table Item XII.B.7 . The item was tabled by a 5-0 vote. City Manager Bressner asked for specific questions. Vice Mayor Ferguson asked for clarification on what "another governmental entity" might be on XII.B.7. Commissioner Ensler had the same question. 8. Proposed Ordinance No. 04-052 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend the definition of "Earning" to include unused vacation pay in the calculation of the normal retirement benefit for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances Motion Vice Mayor Ferguson moved to table Item XII.B.8. The item was tabled by a 5-0 vote. 9. Proposed Ordinance No. 04-053 Re: Amending Chapter 18, Article II of the Code of Ordinances to authorize an annual change in the investment option by DROP participants in the General Employees' Pension Plan by specifically amending Section 18-127 of the City's Code to provide an additional alternative investment option for DROP funds City Attorney Cherof read Proposed Ordinance No. 04-053 by title only. 43 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20,2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-053. Commissioner McCray seconded the motion. Commissioner Ensler asked how this was different from the exiting Ordinance. What was an alternative investment? City Manager Bressner offered to show the Commissioners what the Police and Fire had approved on this during the previous year. Diane Reese, Finance Director, stated that once an individual had reached 25 years of service and was allowed to go into the DROP Plan, they were officially retired but allowed to work. This Ordinance would allow them to change the investment option they selected on going into the DROP on an annual basis, with the employee paying an administrative fee for doing so. City Clerk Prainito called the roll and the motion passed 5-0. 10. Proposed Ordinance No. 04-054 Re: Amending Chapter 2, Article IV Purchasing and Consultants, Section 2-57 of the Code of Ordinances to expressly authorize the use of Design- Build contracts for City Projects City Attorney Cherof read Proposed Ordinance No. 04-054 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-054. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 11. Proposed Ordinance No. 04-055 Re: Annexing 7.29 acres of property in connection with the request to build 113 fee-simple town homes and related site improvements for the Waterside Project City Attorney Cherof read Proposed Ordinance No. 04-055 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-055. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 12. Proposed Ordinance No. 04-056 Re: Amending the Comprehensive Plan Future Land Use Map from Commercial 44 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential (Waterside Project) City Attorney Cherof read Proposed Ordinance No. 04-056 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-056. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 13. Proposed Ordinance No. 04-057 Re: Rezoning from General Commercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple town homes and related site improvements (Waterside Project) City Attorney Cherof read Proposed Ordinance No. 04-057 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-057. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 14. Proposed Ordinance No. 04-058 Re: Updating the Transportation Element data & analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors City Attorney Cherof read Proposed Ordinance No. 04-058 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-058. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 15. Proposed Ordinance No. 04-059 Re: Amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA City Attorney Cherof read Proposed Ordinance No. 04-059 by title only. 45 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-059. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. C. Resol utions: 1. Proposed Resolution No. 04-123 Re: Request to approve a Preliminary Rate Resolution for the Fire Assessment City Attorney Cherof read Proposed Resolution No. 04-123 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. 04-123. Commissioner McCray seconded the motion. Mayor Taylor confirmed that this resolution was only to announce the Public Hearing on September 14, 2004 at 6:30 p.m. in City Commission Chambers. The motion passed 5-0. D. Other: 1. Ratify Settlement of Cost and Expert Witness Fees in connection with the Garnsey Hall Property Acquisition Motion Vice Mayor Ferguson moved to ratify Item XII.D.1. Commissioner Ensler seconded the motion that carried 5-0. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 10:33 p.m. 46 Meeting Minutes Regular City Commission Boynton Beach, Florida July 20, 2004 CITY OF BOYNTON BEACH ATTEST: 'In. ~ ~ '3~ C ~ ~tÚ(~ Recording Secretary (072104) - "- )/ . _m~ 47 07/19/2004 12:02 5513593'390 HUNTERS RUN POA PAGE 02 0,/19/2004 '2:12 FAX 518 248 5438 MELTZER LIPPE BOLDSTEIN liD 0021003 1.,AW C......CI!:5 MELTZER, LIPPE, GoLDSTEIN & BREITSTONE, LLP I90WIUJIAV!NUE. HIN£OlA.NY IISOI TB.EPHONE: (21 ") ,,q-OlOO AAd MU! (5") 7f'..o&5~ ..........rr: _...... 1Ih-- Hf.mm w. SøltJlfJtm. EIq. w,¡"r) Dinu:t k: 1J2 Small: H....'iI-~.cr.III July 19, 2004 Fax S61-369~39~ Hunters Run 3500 Clubhouse Lane BoyntOn Beach, FL 33436 AU; Mr. Ed Udine, President Dear Ed: I u:o. enclosing I!J. petition siped by people from my area in New York tbat I was able to reach in one day. We spoke laat night about some of my thoughts. I asked Shdly Estrin to do some research and he eoId me he spoke to you about sources 011 the web forinfonnmon about the dangers to health that might result fi"om powarlines. I believe that you should consult eaty with an environmental attomey. I sugest tallciD& to the same environmemal attorney tbatwoodtield spoke to III1d appare!rtlywas su,çcesstùlincleflecting the problem. SheUy told me that $300,000 was di,cussedas a war chest. Webave over ],200 residentund 81 $250 each, money should not be a problem. Ifl can be of' assistance, pleue let me know. v~~~ H at~!: ,.., Ifl f1~ HWS:pgh Ene. 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"iIIIIUP .. ... lOW did .... il I1CI proof of _ rtJatiOftabi, .. ...,......... ......._. We........ 1M wtN fnid.n)' told "1hc'ftOfW'tl,aIi~ , I ~....... l1li....... we"" ddak Ie II _ die titk to our cemmuftid.. ~ O1bw_ . 11'[- ..... ftiII; (11)........ 1\ f. aur~.....ð Ida II. b..U~u.1tI4 ......1 ow bcØtl ¡i~ - ....CIIII*ftd')l .... I-'-,..IIIIe 111 "--1 .""Ifur-· I~.......... _lIot¡bÞcn".o..-- ...~ .. ..;...... ill- .r..... ""lil! fIIl--- ...... .lIedwled fer.Jb1y I'. 2004 ..... ................ .. w. ....A- AdM.11" fY~~1 ~o/ I 6' Jt.bJ~ D~. f , _2-.~~th if¥'tI-t . 1 ~iY:L ~ðh ¥W " _ 49 (ì~ ð,. - ¡ ~ J,..I , ' "" - tl I- .. . , JUL 19 '04 13:21 FR LINDEN MAINTENANCE 718 762 5261 TO 15617354008 P.01/01 ~II i 1 !'~),J .lUI!14 L4~.4.~ 'JOJ. I.:IU'I".II:.I" J """1 L...I\....J I"WI' I '-""'" . . n.M_ ...... PETITION TO STOP THE PPL TRANSMISSION PROJECT July I S~ 2004 We, the undenignGd oÎt1"zOM ofBoynton B~b. Flo.rfck, do &etehy dccll!lrC Our outrngc and united oppœitiol! to that part of d1e project that includes the p!acins ofhigb voltage transmissiolllincs alOA,g W ooJbright Road iilnd Congress. A venue. What follows r~t& tlom~ of O\1r objections: (1) It cndangers I~C well bein¡ of the student¡ and taculty at Crosspointe Elementary School; (2) It negatively ièpacts the property \laluts of seniors living upon fb:ed incomes and olbers whose borne, repn:sc"t their most valuable IU'Id sccure asset because the tine, engender fear among a large clo.qs of prospective buyers; (:;) It is an unsightly presence that intrudes upon the peacefi.11 enjoyment of ow neighborhood; (4) It presents an incfa8ssd danger durWg Jmnjç¡m" to the lea to twelve thousand people whQ Jive. work. shop aDd attend $Chool in the BreB between Woolbright Road and the PitJu of Del ray; t':;) It reprr:sents a possible health baurd, although we art told that there is 110 proof of the re.latio.,ship between high voltage wiœund cancer. We remember wbat we were initially told abouube nonreIationship between smoking and t:an<;er and we do not think it is worth tbe risk to our communities when other tlon m:ideJ'1tìal paths exist; (6) It is presented to our communities as an Bccompliabed fact wjtbout OUJ being given the same opportunity to be heard at public meetings in our own øcjSbborhood IS was afforded our D~i¡hbors in Dekay Beach and West Boynton and that is qui Ie different from the public re1ations gathering scheduled for July 19,2004 which will take place ~t a school in W¡:st BcylltOD.. Names: Addresses: ~~ ;tt~ ~ß :I.:S~.J. »y r Ii, I ~ (_~» 1?a..; r - .. - -- L ** TOTAL PAGE.01 ** PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: C, LJbj)~ LJ ...... /IJt Sf¿ /d'flf ClMv S-C~ d-OD/ùç , b- ~G S~~;: I-.~~ 1 ~ l,. G:-.~~ <o0~d~ 0Ur IC sm~() Ofi · PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines ofDelray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relatio?s gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: Lf 0 13 ~J9T/V'T , , q. ci)c. ti/-PSJq J4-~ I rJ S U7(0)<.) IJP.. ;,L.- <."J :- ,dJ . 7 AI -ó~--I-4q-f4- ¡ ~ 3_Çg Lu~t4-~ ~ -- I? ~ £1/1 \ ~rQSvt(j Ç\?- ~ . \~{\.n SI "ß (K ì ~':tC) cO 1<-\ 0 ¿ J~ h'LÆutrd/~ I~L VJ-ÄiJ-'4~~~ JI1_L-,"; +l e,l! k-l/V / :3/~ c.rtA~~-±-þr-,þ &--Jv .~ ¡J ~J-C#t1 0,,- /~ '!J c $-~~ ~~!..9- PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. ~ AddreqC{p¡ w~~JQ \ e8>!Iv) L 5V 14&1 ,Q. ~ z~ 1 4~-3 S'N~4ThJL~ é/M-YíY'~{£/ 3~" .:;. ~.....r! , ..ç:-- ~ Î rJ-,--u$e -.:,¡- Á Ic:r l- I 2- 7/]) ~A-d'f#fð ]),( ~ ,3 /1 i 0SLS,f '3 Qr1< , ~] .- ~. -- ?- ,/ ! ¿p 5 I/~L/;;.-L:~) (, /1f~ de ~ -/1 Ç/ '1 t?Ô jLa ~)~ \J .~.~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. LVo-r1( Addresses: ~ <'Î . ,..., . c;( 4 '-: 1 ~ () ifJjvPfJ /CT' ;2ZAkdúd¿7k~ C; c )~ /]¡- /~ (;. ßLt-J/U-UL ~ l ~ ~£-~ --::> . V~~ '--t' o' 3è ~ /)8 :3 r LJ')'4: 4 :V"-{j;) 7 ~ . ...4-1 (J2,~ / 'I ~ w.--t ~_J 35] uJ~~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: &ß~ '-~'Ç~1Q.. Ac:Ker(\<l~' '6 Vi! Ie\.. kl/lf ~~ W ct5L~~/ //- o /'\ e' ] . -·e¡.< J { n; .-~ S (l, I· I.,... ·c,_· .r ~~"G- { q l,..-. ---_ ;'v~ C¡;;;.ø J , ( . ' C Lt/V\''-. , ~~~ \ '.-,>- ." k..1--L- J d\ L6" £~r /6 J1- PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: , , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15, 2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. Addresses: .... .-'It- ~ t / / /tL- .... "_39·r -w;:(1 .~ l\D E. 4gB' ~r~rd l~~ Ih ~ /~~L It ßR¡Ç72L C-rKC'!£ ; , I CÖ(L/ J /' /if ÎA~ 'c-- /~ æ u tJ LA/~~J- /' PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is WOlih the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opponunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: L ~Q,J! !/f ~ -jl~Jll ~.' ' , \ . -/ 9-A/V\ ~GC J J \ )~l c. ç ;- ì ~I j Lff ). t::- PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: ~A- £aJ.T~ fJ Î, .;< I} í/fS~~.. 01<- - ) 50+~ . ,/~ 1 Q ~vi l' - &-tV 10 ~. . .~- ~ tiA- /({' -. ~ r <:.J. 7 ¡. "'-'1/ j).... , . Ii " PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (l) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. N_/y..a./mes:¿.¿ . ...~.... ^;"'.sseQ. .~~, ..~, ~ 0'£' ~' . ~ . fJ5!i, /¡~ ¡ -~ /0, i'~ (J J Lf l\6r.e~·tw [, J... Pr : af ~ . ;Lo Rtê.4--r£~ dR· ~. ¿?LJ~~~ 3sf-L eLl / ~ ~--- / . ; ..¿. rti~ ~. /l -þ ~ /2·~o<-ðry~. \"' ('¡~-/~ . :J f\ :¿~. '-- . ·.l.ß,/L .~ L~ v PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. Addresses: I e{tJ PHoJÇ( VrJ~- :2.& \) JJ ð.- S~ ~C\ Ci+m~í &1~ "ht+n~ t;f~A~ cJ l/J( L £L .... - ~ ~ ( ~~ -"7 ~~~L- h~~ /' ~ . /. . 7 4~7V7L-c 4'7-7--c , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (l) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. Addresses: / (P5 cÞ, , 'S7 PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15, 2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which wí1l take place at a school in West Boynton. Names: Addresses: ~'<~&~~\ 9:7 0~~~'0\C~ \ G~ ~. f: .:-J ):t rvi ð t K ¿ \ £ \ .- '-¡ G ðT HJ r I':: ú Kt; h fir iJ/t.- 32- C4.«- fa ¡~, it-c. ~ G.~ ~ el:a~ Lf-{ ~~ ~ fcS" ~ ~Jt __ I /i 4' r /J . ,J /9''1-1 ~-(1 ;Z . ~r í c¡ llft~,/[/T) to.//LA j.,. . ~¡..P- , .' if -- ..2~ C Ul/¿·lfrlC /Þ-J- M 2yL W&J'TC-f9 i e- Liu {j,e PETITION TO STOP THE FPL TRA1\fSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship be!\V'een_highyºlt~ge_"Yires~nÆcance!,-,W e_r~mel11b~E \Vhat\V~ ~~r:e initially told ~þ~_utt~~ ~ol1!el~ionsQ!p____ between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: _ . '." ~ j 2-- {/J¿., - ' I ' 7- 7 ~-~ ØA- d \,\ ÜJ 'i!t (¡ ~ ~ (v f\ Tv ~v Ð- '7 ð;1:llf:v ~~- , b 9 ~ (t!fitaØ;uMt. L-z- , /1 '!'-- Z L/ Î ,h/ ~.Á---r; i¡ 0<.- ¡.~ "~'~* ) $y~~LU \,J;~:I/ . -"-'~' n 7; Ju ~'1/} / 3(-6 ~1e~~ ÌÎlII J .¡ 1/LCJ'1l_ i '/ (/1~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the proj ect that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses:, ö ~ 7'5 Ql?Sk;(~ 7/),4 J-<.-" . r M -, _ i ~3 W. .. (~'S{JA ~ 30 ~b.(. iLWL /AS~~ . L<;ì -, cJ~~ I fl L7~frr ;)4- 3;-)}- So '~. 2· ,/ 'j-. ~ , '^. I ' , ~-( Q¡yr''>..9- ~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. Addresses: LI F LiJ (/ì:--LJ <:15 b ¡:ß..o ~ ~ d..._6 1) '( (~ c> ~\ \0, ':y('\ - ~I J:) t: QstsQJe ~ d-\ 1; fQ~\~ílC-Q D~. ~\> Po S~r~~'f ~( ~ ,\, &t (b E: OA- S\~ l-.p--/ _ ~ \0 D ba S-\-ft{.\t \x?~ ~~~<L lO [.1,!~S{t~,'ML \ 1 \:::Stet ,s 1) K ('n,-OJdJI\ tD~3- \. Î ~S-\ü( cc.,. "Þ ~l, \ .' v PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part ofthe project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: ~ ):~\Ú~\(~~, \ ~~~~lt\ i::,.~ J) M tvv'--1L :þ>u¡'--L- I ß~ ßucÁ ~~ 1~lC1n<i b(Lu II <L 6-Ò ~s. \ Cl hlt J)fLv c> L " ..-Þ' -- /3 C /Ü¿~ ~ ~'-L~¿' .; ..,f /1 '.-/ '" /J {¿~J.i "'} i!;;~ ,'-'(---~l~ J ' s\ " lJ -'J ' , ;-}¡<,r--f<! t...vc:¡ D Ó. 2. S~ ../ ~ .'\ ! +~_'~~A~-<-/ is L( F ÚJ vr-y--ef~} PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part ofthe project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. '\ ,. \, \ PETITION TO STOP THE FPL TRA.NSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: , /7 ..3 II W f~l'{)~o¡V C//'lCLt!' ~Lè~4~ \ ~~~ , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: - JL VJI{ (kþ, t. Lzú'~ I '-'r S~ , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: Z~;¡;ßP g- JÄL - .~ J/1~ /?;!3 ~ ~ )773 ~+~~.k.. ~ŒVlQ....i -6~b ~~ . ~~. ~~ S .9 ( I ./ 16~ I ? 4-- /s- 73~ rß~- ~ 7 {3Î(s~1 I Cd< f- PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmissionlìnes along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of De1ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: ts ¿- / ~ß lj;:;;¿~ JŸr-L 1-'38 J7tRfftFð~D ~. ~f- f1 ~-7 2et~ ;} I /J tcfJ¡ i. ;)// ~ f~ JfeS! ~N 79 Ii......~;;: , - jJ ~ ~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 , We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage'"transmission lines along Woolbright Road 1 and Congress Avenue. What follows represents some of our objections: (I) It endangers the well being of the students and faculty at Crosspointe Elementary School; .. -....-. (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; ,-,. (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area betweea.:Woolbright Road and the Pines of Del ray; :.. (5) It represents a possible health hazard, aTthough we are to~at there is no proof of the relationship between high voltage wires and cancer. We remember what we \vere initially told about the non relationship between smoking and cancer and we do ry;)t think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. ~ jAFesseMh~~' . ., ;fj¿;:~ FLJ . :~ ~t~~/ · ,< PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part ofthe project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: 02/03/1994 21:58 516-692-4010 S B ESTRIN DDS PC PAGE 02 -"-"'_ "",_" .....J..., ""~(: t:.. f,,1:;¡ PBTmON TO 8TOPTHB PPL TRANSMISSION PROJECT hip IS, 200.t ",~ .......... om... ol8078...... Florida, dohCRbr dco_ OUT outna&C and un,ted opposItion to ".-nOfdleproject 1bIt iraduda the ptacinl ofhilh VOltap h'ansmi8liotllincs aJon. Woolbriaht Road .... c:o.,r.a Avenue. What follows IIlpIeeeoI8lO111e or OUt' objectiol1l; (1) It....... the well beiq otrbe .... me! fac1a1ty at CròllpOi:¡tc BIa:1entary School; (2) II ~Jy ÎmpeoII tbe,......, wIu. or IefI;O" livinø upon fixed inçoma and other, whosc homes f.IUti their roott vùuablc and eecun: ..,et because the lines engender fear among a larlC c:Ius of ~"buym: (3) II ¡. .. unsipdy ~ diu: ÎDtnIdII upon die peaeetul enjoyment of our neiih~orhood. (4) . ,....tllm ~ dan.. ctunq huniC:1UM to the ceo to twelve tbouaand people who live. work. w., _1IIatd _001 in tile .... ~ Woolbright Rœd and the Pines of ~Iray; (j) II ...._... . poIIible btlhb ........ IItbaulb we .~ told that tllere is no proof of tbe reJanonsbip .._~ '. vol", wine_ aøccr. We ftDcmber wlM.t we Wftt initially told about the non relationship bccw.... 1IDOkin. IUd CIne8r UId we dD dOl tbint it Is ...on)). the risk to our communities when oiher 11011 rwI'edel pldtl aid; (6). it .._III"" to our COIIIIIUÛci. U ID IœOmpliJbtd fact wjthout our being givcn the lame oppottunity to .. ..... at public ....... ia our OWII aeiøbbcñðOd IS wa tft"crded our IICi¡bbol'! in Delray Beach and W.....,... .. dIat it quit. cIi&nnt &om the pUblte ret.tion, gathering scheduled for July 19. 2004 .... wttttaÞ place at . ICbooI in W_ 8oJDton. ~ Addreuel: ~ --- í ft#;: z1;r 1:2 . ------- - _.A ~ - - PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (l) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. "¿ J / N~~es: ... // Addresses: p/wL /J~¡ta1(¡}?f- -'~ ¿)- ff;r0i(y¢5 fk,-0,fb (~6(;4-v.u:- 1;) C ~4Z! bA ~ __ .. I. v . PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: c~7___~ - .~ .g~-Jç /Jr7P/ .J)'L æ¿q - /iLl€¿ /¡¿a<-¡¿e::;- il tft'-1¡A~¡¿¿~ 'Ý2r:~ ;}g /', . I' ~. .,. . }l- /r. l--\-t..(~L lL.-l" / jr. ¡3 // r t 0 L( L¿";Jr/¿?~L¿ tf dJ -,.n I} ,~ ..I f (D ~~ ón ~4Lé. t:(~~~U~ '/;" _r /ì " ~ ::;l!J LC( ,:tk l~ L f . , /ßAA~~/Ý'/~'~ '. .' ./-c.' L ~ ,......, / f " 1;;) , :t'.7 Ic./;-<-- ./ 'b "- --¡,./,.,;;;.- /Í ~ / . ~ í .::tA:....-C~ '.I,~.~ ... ¥" ( ... I..l.r~ ~f- , ~ 3£, / 2e~p W.....ez::( .,.. e:. .~t-3:l:-, I .' <:.....12.. _. .....;.....,) ) j' ,..(._d. ~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: ~J /I J /I1f5H/ ¡¿:f' ?r: . 1 J/ (/)fi }:}IT/4vt7 ,p j) ¡( r ~! W (í) r)(:~.L \~~- ~I L9- J ()) cJ..¿ L&<\ ~ .. - -'- .~ ._--_.~.. ..----. .~ -.--. -__0. 1iiiiI.;:- p-- -'--. -..--.. ~ - ßl/31/1994 18:93 516-E.92-4ß1G .. sa ESTRIN DDS PC PAGE 81/\512111 1.:22 !i6'1135G88 ~ 50-1 PQA P4GE: æ ,..mONTO STOP 1'HB fPL TRAm)lf'SSION PIlOÆCT JIlt)- IS." 91..... f' 6 ~M__""'''''''''f1ori4f.40~áo1.-c.OW'OQÞsc=_dQfti1e4S0pp0:s'''ÎOB .. _...orllllpoj«tMÌllld1lda .......of1ä&It voItIac......Í1IiOP '*' atOll' Woolbriabt ROM .cC ......A".. ...............~__ofCNf~ðDI: (I) It -~... well.... Glclw 'L'I_........,.. OOMpOÌ1'uo Bt_K8~ School: (Z) .m...1iwIy ÎrnJl . .........--.".--ol_dors tivial upon fbrGt ìneoma and otbIn ."b:IH..... utl'l í .. ... """"1c .. ... __ ~ tM tinea cnper to. .mens .. 1arp dan of "11w p(w...... (1) II. 1ft __~.. _ ß...... ìøwIIIapae die ,...,.leøjoymlftC of out ~rbooci; (4) II,. 1 1'-...,................. ~ 10 _.. .. ~"e tbouaand people who h~. ~ ............... ia .... __.. WooJbñ.lbt Roat ad 1M Pi.- fdDcI,.y: (n It .... 1"" ~.. ..... -... ~ we an IDW Ibat dler. is no proof of the telationØ., ................ø._...- WclClDOlDbcr.... we weN inirianytOJd .bout_ non rcIat*aship t 11 ... --.. ... ceow.. .. .. _Ibie ÍI ít ~ 1M rillt 10 our CXll'ðIDunina when GM JIOD nil'''''!!.... eWI; (6) It it r R'q""A~'1Dow(n..""" u......... Jlctwidaoat4iNt ~ JÌveß t1le samtopponuni1y .... .....public~.our.. A.....d u..dotdod our nciPbcm iDJ)eJray ø.:b._ W_a.,. .... it....... fNm tb& public ftletiðM pdJaria~ acRlduled for July '9,2004 ...... WØI....... . . ..... III W. .."... ~: /2 g S((r~Tf¡¡fZ{) \ . j ~ ß ~ ~!!,-~L:'" ¿&. I .. 1 - -- v .. .. .. ... - - .... .-. ~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the proj ect that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: Sf) fs.:s EX /)R) 1> f3. (L -3") \.(-=) b ~y~k;~ ~. Ltf £574(<2 D.~ ø¡ !d í/VD5eJ{t.- !¡:r,JE( ~ :;f tt ~ {,('tf'l-palL\ LllpÇ &0 G~< ~_ (I /9 11/1#1 p-:;:?¡-I f {i'ff L~ , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our obj ections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: 30 PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. ~es: Addresses: ~ ~I"- / \~tt¢ le>- .2 Z A ,4,"-fJ'-:"ft. ../ ~ J (¡ '-I- f (" \ ,J i J' ' ..... ~, I .. ' ~ _ t' t-...,,;..~--.~ '- '., ,,( -/ ,>fÞ~" . ." 0 ~ i ! - 'r' J ,. -'-- V / I / ~/I'/I/; L-/'!, ./ '- >. < , \/r-t ~ / . 1 . ';'. / . '~." ¿ ,t ¿ J', F :'" /'-.,... r·'~'. __~A___ ",. ._ _. ~ r r, -. £.L, ",7h:z'«(d J/ ~/)r1~-~'.J'v O. ' "''':: ..-/ ~ ~ ..P. ~ ~.-.'-'- fJ /J . )1. . ,", Å l' ./ ,. I -rc)-')ð-~7 t'!()Jì-- ,.~,...., v b ¿i /-.·'(jY'"'(\¡_J'.i'yL-'¡.,( _ --\~Z../J.~__ . / I' C { ". k - (' .t" ~ h. . 1_ /-. C /? V\ Ú" -. l ~ r, 'J J....-- t. -.:i...A. "---'. ,.;'............., "- tJ '"-' '---"..t.~" 0 ';.-..... (', '<""~__ .- ) ..} . '..1 ~/~ .../ /, " " ," "C'.-.- -I- I:' 't<{< ,/~71~"~::~1-- ¡;i e~~:iti:;:rkv ~t. fa"'" ..:. ..,. (' S tL-u.t.It;}.:#¡,f. (~/I'~ / ~ t' o .', ./" ........ ... , ,¿ t" _ --..., ."./ / ""'.r ..",.;'./ _ _ _ ~ ~_~~"",e'~ Ú I'... .::4/(' ¿ y ,~.., F '~~"'I!(¿ :~~~__ /7 (/ {,/' PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19, 2004 which will take place at a school in West Boynton. Names: Addresses: -J.~ ~ 3 t '. StRhT[c¿RD ~IL GC / ','¡-;- ','1 CZ j) ~tWÞ1~~p é e, 8 I ~R. ( r! ,. it ¡ /1 /I ~~ ~~t-~ I > c75 I~ ¿~¡J~ 0( ~ 0 ~ßh4-1."£ ~ .r - ~~.1t~~ ~~~~~~~ , PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Del ray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: ',-).'l~ '\y' ry ~ \~ ~ i\¡'Y') ~ ~X; t~1.~~ ~ L~~ ~i;:J:{~h/ ~~~ IcfA-/~~~ - %¿¡;Z<-.~'tJ Yi7~~ ,50/.s;- êve T/-,.e-eA- ..... C/;'f PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It nègatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Names: Addresses: _ ,. /' ~ ~ 1_) I~.. / /'.::> ~~~~ 4 ~ -W-J (~.J t..M- (~'..t.Q.. J f'c f- ~r1..py , Y. .> I ¡. , ,. 'I' ('. I 1'" ") -! . ," i /'1.1 /Á' J / ·1 Lc ~'-ð-1-'. . _, ~]J ~¿ ,~~ß/t ~ )I~"A ~- I g ~ Ë ;f';f<::.:¡t)( J/ t:~ ,i:t~-e.{-:. P ~~ :f 'i ¿..., ~J ~ / ( I J' 'Iµ~l (), )f(~J,{6c^,-, /2- Vi ((..4 ¿'A-rJ~ PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress A venue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. ~<t;R~ Addresses: uJ~~g:}~ \3,~~ do & ~. ~~~ .krJ2 )& \SR\~'GL elf~t$" íj, e· ~~'+30 to- le - ¡'pC 0'Íl2(1íia.· v1) e 11('~r PETITION TO STOP THE FPL TRANSMISSION PROJECT July 15,2004 We, the undersigned citizens of Boynton Beach, Florida, do hereby declare our outrage and united opposition to that part of the project that includes the placing of high voltage transmission lines along Woolbright Road and Congress Avenue. What follows represents some of our objections: (1) It endangers the well being of the students and faculty at Crosspointe Elementary School; (2) It negatively impacts the property values of seniors living upon fixed incomes and others whose homes represent their most valuable and secure asset because the lines engender fear among a large class of prospective buyers; (3) It is an unsightly presence that intrudes upon the peaceful enjoyment of our neighborhood; (4) It presents an increased danger during hurricanes to the ten to twelve thousand people who live, work, shop and attend school in the area between Woolbright Road and the Pines of Delray; (5) It represents a possible health hazard, although we are told that there is no proof of the relationship between high voltage wires and cancer. We remember what we were initially told about the non relationship between smoking and cancer and we do not think it is worth the risk to our communities when other non residential paths exist; (6) It is presented to our communities as an accomplished fact without our being given the same opportunity to be heard at public meetings in our own neighborhood as was afforded our neighbors in Delray Beach and West Boynton and that is quite different from the public relations gathering scheduled for July 19,2004 which will take place at a school in West Boynton. Addresses: ).. t Iv .')..¡.... a;3 ...i.---.~_-:'·t .. I 'ì v í '¡ ( tè. L.....,., ~ iJ (J Î./{) (¡t.CA £AI'//E. I 13 \ J-4;rJ ¿:: , ;;yG ~é)u7/1¡?¿J£T ¿h/Vr /' >.- C ~_cc, .' LI (:2 ""---... _if' ~ j " r '., ,( . () J ~" .by Co .' '7-ÇtA <>. ---J. ____ . J () ':> c' ¡; 11-1.,A. C I «t...... .. ~~'-'. ''-. t;... """'- ::::> $""'. C.~. ~. /-~"4 . /' f::.- ,., ~<2: 4-. 'L k ~"- ~/ /~ f . ./ . '~í / ',. j , .~' "t."",,,,/,> ."'" ." i '--l Answers to Most Often Asked Questions About Underground and Overhead Transmission Lines Q. Why doesn't FPL place power lines underground? A. It is not that uncommon today for the smaller distribution lines in a new subdivision, for example, to be installed underground. The cost of placing the lines underground becomes the responsibility of the developer or the homeowner. Q. Isn't it better to place lines underground? A. FPL does not oppose placing lines underground. However, it is important to ¡lote that there are both pros and COilS to building lines overhead and underground. The reliability of overhead and underground lines is comparable. For example, both underground and overhead lines are subject to lightning damage. Although overhead lines may have more exposure than underground lines to wind damage or air collisions, underground facilities are prone to "dig ins" that can damage facilities and cause an outage. The key difference between underground and overhead lines is that it typically takes more time to diagnose a problem in an underground line and to perform the repair. For example, the repair time for an underground transmission line is best characterized in days compared to an overhead transmission line that can often be repaired in hours. Q. Is it more expensive to put transmission lines underground? A. Yes, transmission lines supply larger areas and more customers than distribution lines, and they are much more expensive to build. The extra cost of placing these lines underground is quite significant. An equivalent underground transmission line can cost five to 15 times more than the cost of an overhead transmission line. Q. Why does it cost so much more? A. Transmission lines can power whole cities. Underground transmission lines are much mOfe technically complex and material intensive in order to transport larger amounts of power. Each underground transmission line is essentially custom-made. An underground transmission line requires an elaborate duct bank and manhole system in which to install the underground cables. The insulated cables that are used on these lines are technically complex and expensive. To make a simple comparison, a cable used for an overhead line may cost approximately $2.00 per foot. A typical underground cable can cost upwards of $40.00 per foot. In addition, where one cable may be sufficient for an overhead line to carry the needed power, the underground line may require two cables to carry the same amount of power. Q. Does that mean transmission lines cannot be placed underground? A. We want to respond to the needs of the communities we serve. There are circumstances where FPL transmission lines can be and have been placed underground. If engineering complexities and cost differentials can be overcome, FPL can place lines underground. If a community decides a line should be placed underground, the residents must be willing to pay the extra costs involved. In addition, FPL requires that underground lines be placed in an exclusive FPL easement. Q. Why can't FPL pay the difference in cost? A. As a regulated utility, FPL is required to provide safe, reliable, low cost electric service to its customers. The Florida Public Service Commission authorizes the rates FPL can charge its customers and determines what costs can be included in those rates. It is the Public Service Commission's policy, and FPL agrees, that it is unfair to charge all of FPL's customers to bury a line in a particular area when a particular person or locality requested placing that line underground. Consequently, FPL may only bury lines when another entity agrees to pay the differential cost between underground and overhead construction. FPL has approximately 6,200 miles of transmission lines on its system. Less than 100 miles are underground. Q. How will FPL address transmission line aesthetics? A. As homeowners and residents of communities served by FPL, we share the desire for an aesthetically pleasing community. Electric lines and substations, however, must be located near the customers they serve. Typically, FPL's engineers will look for routes that follow roadways or other linear facilities. They will also look for opportunities to rebuild existing lines or build alongside existing lines. When constructing new lines, they may incorporate smaller distribution lines on the same poles to reduce the clutter of multiple poles in an area. Once the route is sited, careful placement of individual poles--such as around neighborhood entrances and adjacent to property lines--may also be used to minimize the transmission line's effect on the appearance of an area. FPL crews will clean up and restore the area where improvements have been made. Further, we ask the community to help us by sharing their concerns and giving us an opportunity to address them. .-'..... ---~~.~-.---~""..._--_.~- ------~_.._-~ -"-- Answers to Most Often Asked Questions About Underground and Overhead Transmission Lines Q. Why doesn't FPL place power lines underground? A. It is not that uncommon today for the smaller distribution lines in a new subdivision, for example, to be installed underground. The cost of placing the lines underground becomes the responsibility of the developer or the homeowner. Q. Isn't it better to place lines underground? A. FPL does not oppose placing lines underground. However, it is important to note that there are both pros and cons to building lines overhead and underground. The reliability of overhead and underground lines is comparable. For example, both underground and overhead lines are subject to lightning damage. Although overhead lines may have more exposure than underground lines to wind damage or air collisions, underground facilities are prone to "dig ins" that can damage facilities and cause an outage. The key difference between underground and overhead lines is that it typically takes more time to diagnose a problem in an underground line and to perform the repair. For example, the repair time for an underground transmission line is best characterized in days compared to an overhead transmission line that can often be repaired in hours. Q. Is it more expensive to put transmission lines underground? A. Yes, transmission lines supply larger areas and more customers than distribution lines, and they are much more expensive to build. The extra cost of placing these lines underground is quite significant. An equivalent underground transmission line can cost five to 15 times more than the cost of an overhead transmission line. Q. Why does it cost so much more? A. Transmission lines can power whole cities. Underground transmission lines are much more technically complex and material intensive in order to transport larger amounts of power. Each underground transmission line is essentially custom-made. An underground transmission line requires an elaborate duct bank and manhole system in which to install the underground cables. The insulated cables that are used on these lines are technically complex and expensive. To make a simple comparison, a cable used for an overhead line may cost approximately $2.00 per foot. A typical underground cable can cost upwards of $40.00 per foot. In addition, where one cable may be sufficient for an overhead line to carry the needed power, the underground line may require two cables to carry the same amount of power. .--..- .._.._~-'~. ~ _.-....-.-.~.-."-'>,--._~_.~..~._<, -- -=.-~~_..-----=>--~--- FPL's Corbett-Germantown-Yamato Transmission Line Project Interactive Meeting Comment Form Florida Power & Light wants your feedback on the Corbett-Germantown-Yamato Transmission Line Project. The transmission line will bring more power from Western Palm Beach County to eastern Palm Beach County that will provide benefits to its customers system-wide.FPL values your responses. 1. What pleases you about this transmission project? , 2. What are your major concerns about this transmission project? Name (optional) Address (optional) . . < PETITION AGAINST APPLICA TIO~ TO ABANDONN ACA TE ,~la , That, 4.2foot walkway ~ving between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION OR mEA THAT WE HA VB ABANDOl"'¡ED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBJ}TVISION OF LAKESIDE GAPJJENS. T.lIIS PJGHT TO ACCESS .lNITL4TED IN 1922 W4S IN EFFECT WHEN WE PURCHASED OUR PROPERTY A2\7J STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE L4WFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS AND PR.lY7LEDGES GRANTED THE PROPERTY OWNERS OF LAKES mE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN AND GRANTED BY PUKDYAND HALL. STATE OF FLORIDA COUNTY OF PAD)! BEACH )rL SWORN TO AND SUBSCRIBED THIS 7 DAY OF JULY, 2004, BEFORE ME, APPEARED ¡c"¡je/'l{ ¡}t,cÙ~/ ,.?i'SS<:'i'--SÇ~ IS. PERSONALLY KNOJVNTZE AlvDATTESTS TO THE A FOREJ1ENTIONED. '..}hC /) ))7. ~i ( ()r ¿;rlC~-' l1J-v / _ . . . 1 ~ r-Ïîvp;-C--C'-:~R¿IALNOTARV SEAL ATotary Sionature . ~...?- u&/ f1t<.I.\ONAMROTEK " b. - Ie' (SE.\Iil~ ~"..,..,"'''''....... I f2 mn.,~ 11- ¡Y) lLû / Í¿ ~' ß;. -1: Dooo7281 I Printed Notary Name - I""" ,f . ,,'.; GO:'1MI$SION EJ(?1RES ~,-~~.......'~I:'~.;.~=_=-¡ · PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2 foot walkway lying between Lots 30 and 31. LAKESIDE GARDENS SUBDHISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach Coun(F, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UIVDERSIGNED HEREBY REFUTE A1VY NOTION OR IDEA THAT WE HAVE ABAIVDONED OUR RIGHT TO ACCESS TO LAKE 'WORTH ·WITHIN THE SUBIJIT,/ISION OF LAKESIDE GAFJJENS. THIS FJGHT TO ACCESS IJ\¡7TIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVE/TRAll/SFER THE RIGHTS AIVD PRIVILEDGES GRANTED THE PROPERTY OWNERS OF LAKESIDE GAIWENS SUBDIVISION BY THE PROVISIONS SET DOWNA1VD GRANTED BY PURDYAND H4LL. We, !!}ey!:!!dersigned, concur with the above Petition Against A~tion to Abandon/Vacate this day of July, 2004. _~. 1 , . 0 OWNERS OF LOTS 9ó¡ lb'. 97r--/ð LlliESIDE GARDE;\TS SLBDIVISIO~ -1-1 ,1'"'t€55 Î r ,5 C I ~ NAME ---> STATE OF FLORIDA COUNTY OF PALif1 BEACH K SWORN TO AND SUBSCRIBED THIS 7 I DAY OF JULY, 2004, BEFORE ilfE, AP-!'EARED Î)2;,v,'sc A, )'fì+SS\i\)C'~cl1Jt/k!!Q IS PERSONALLYK1VOrVN TO ME A1VD ATTESTS TO THE A FOREW l\ TIOlv D. ~ _ -7 }~. . i-z¡( __ _.. .__~~ . ~ 0 .J) I.f ;n<- I ¿tl.. - . \J ~~=-=,;.¡~_.- . _);¡;;r.;!.JlLNOTARY SEAL . / . ~ ~¡"\<'-U{j/· ¡':;"MONAI.4RO"T8< lVotary Signature ~~y\::';'I;MISSIONNUMBER /C>hJ) v'Y'--r~ /Ìì/lo IT It UI Ji.; - - 00007281 P' d ì\¡ N fY--"' ~. <i.~' ,,¡,(;OMMISSIONEXPIRES _ rll1te 1 'otary 1 ame ~ OF f'~O' APR. 7,2005 __ ,_~o=-::~c-_-_- c_·,----.._~~o-o....._·..::>'''''-~ PETITION AGAINST APPLICATION TO ABANDON/V ACA TE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. H4LL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE A2VY NOTION OR iDEA THAT WE IL4VE ABA1VDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDfl7ISION OF LAKESlDE GAP.J)ENS. THIS PJGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AÞlD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORfIM HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS Al\TJ PRIVILEDGES GRANTED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOfY^, A]'v7} GRANTED BY PURIJYAl\TJ HALL. We, thtlf!-dersigned, concur with the above Petition Against Application to Abandon/Vacate this ~ day of July, 2004. OWNERS OF LOTS 103'" \D4-- lo"5 _~-l~1..J'/)1.J (UAfA-?U1 LA.lŒSIDE GARDE:\S SUBDIVISION SIGNATURE '5 ¿, 6 A-1Il Aû,q /1J '5 PRINTED NAME . STATE OF FLORIDA COUNTY OFPALM BEACH y-c SWORN TO AND SUBSCRIBED THIS l DAY OF JULY, 2004, BEFORE ME, APPEARED SL'S /~) A-ò /t-dtS , WHO IS PERSONALLY KNOWN TO ME AIVD ATTESTS TO THE AFOREMENTIONED. /?C¥Jì*Î~/ <JJ¿,~ , (sj:ii)~^~-¿':~FiC;ALNCTARY SEAL I Notary Signature /e 1'+ il·} 0 Y~í~- nl /w Tli-L( ! c.: _ . ~'~> RN}ONA MROTEK ¡ r~ ~..r " Printed Notary Name '/< i . "i . ,,' .:,,')h'iJ.iSSIa~ NUMBER ,<;:." cÝi;;:' 00007281 r'~ ~ <p oJ',' COMMISSION EXPIRES . Orf\?~~_ ~PR. 7.2005 _I PETITION AGAINST APPLICATION TO ABANDONIVACATE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDfl'7SION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The applžcation to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a publžc walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURl) Y and STILES C. HALL, on January 21, 1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION OR IDEA THAT WE HAvE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH 'WITHIN THE SUBDIVISION OF LAKESIDE GAP.J)El\lS. THIS PJGHT TO ACCESS INITL4TED IN 1922 W4S IN EFFECT WHEN WE PURCHASED OUR PROPERTY A.:ND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LA WFUL AUTHORITY TO REMOVE/TRAIVSFER THE RIGHTS AND PRIVILEDGES GRANTED THE PROPERTY OffWERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOTYNA1VD GRANTED BY PURIJYAJ\Tj) H4LL. We, the¡¿ndersigned, concur with the above Petition Against Application to AbandonlVacate this E day of Juiy, 2004. d /1,/ OWNERS OF LOTS 103- (04-· lo5" c::' _ //~ L.uŒSIDE GARDENS S-CBDlVISION SlGNA(lRE. V - A 'If 1\t5(L ,J. O'/14S PRINTED NAME STATE OF FLORIDA COUNTY OF PALM BEACH ~ SWORN TO tVD SUBSCRIBED THIS í DAY OF JULY, 2004, BEFORE ME, APPEARED fVe,r. A-ò A-f\1-.S , WHO IS PERSONALLY ~O ME AND ATTESTS TO THE AFOREMENTI01VED. // )ll'- " ! ,O~ . ~ _ .:~ /t'o/') l.(Ç .J (A.--- II l . I ' ¡ 1).'1 µ,. " ":"·"'L"OTARYSEAL 7\T t· S· t i 6,-r l",~~,. i',',',':GNA MROTEK .! '10 ary 19na ure ,.,. (SEA. \if.:lf '~';i,,1,~!SSICNNUM6ëR lem. }1 (/}fl-H ¡Jl¡Lu T£// ~ . . 'f-. ;; ü0007281 P· d lI.T I lI.T 71> ~ q:':-' 1!\'COMMISSIONEXPIAES rmte Hotar; Hame OF F\.O "'PR. 7,2005 , 1==.__ --- -.~-<;~--Z~~ PETITION AGAINST APPLJCATIO~ TO ABANDONNACATE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161.0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURJ)Y and STILES C. HALL, on January 21, 1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE .ANY NOTI01"T OR mEA THAT WE HAvE ABAlvDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITH_fN THE SUBDF;/ISION OF LAKESIDE GAP.IJENS. THIS RIGHT TO ACCESS IN.lTL4TED IN 1922 W4S IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM H4S THE LAWFUL AUTHORITY TO REMOFE/TRA2VSFER THE RIGHTS A.'^<7J PRIVILEDGES GR41vTED THE PROPERTY OT-'VNERS OF LAKESIDE GAJ1])ENS SUBDIVISION BY THE PROVISIONS SET DO WN AND GRANTED BY PURDYAIVD HALL. We, ~derSigned, concur with the above Petition Against Application to AbandonlVacate this . day of July, 2004. mVNERSOFLOTS 2G, 97 8ß'¡ 87 â;f;;;LÇÇ? J£~¿æ 7--- LAKESIDE GARDENS SÙBDIÙSION SIGJ\ TG1 ..' . f\ ¡J¡û€.J '1). ¡v{cCfeq rl STATE OF FLORIDA PRINTED AME COUNTY OF PALM BEACH y-L SWORN TO AN SUBSCRIBED THIS I DAY OF JULY, 2004, BEFORE ME, APPEARED fh ì¿~/~ ¡n c C e , WHO IS PERSONALLY KNOWN TO 1WE AN7J ATTESTS TO THE A FORE1WE TIOiVED. I) :\I'-RY Pú - . GI=F;éiÃLNOTARYSEAL .~J~}~·/714-J1J/ o &~ ;:JMlONA MROTEK . ~C~"M'''' ""'OS; I lV-olary Signaluré - (S ~. ;; OD007281 ;lr) /n ~~'-\;\ ) )) } L:f,T¿j { f' <f:' i ~y COMMISSION EXPIRES Or F'- ~_~____ ..61?ô.. ì.2005 ¡ Printed Notary Name . _.~- __ c- , ... PETITION AGAINST APPLICATIO~ TO ABANDONNACATE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersecÛon of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURD Y and STILES C. HALL, on January 21, 1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE U1VDERSIGNED HEREBY REFUTE ANY NOTION OR mEA THAT WE HAVE AßA1VDONED OUR RIGHT TO ACCESS TO LAKE WORTH 'WITHIN THE Sr/BDfl'7SIOlV OF LAKESIDE GAP..JJENS. THIS PJGHT TO ACCESS JjVITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE L4WFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS AI',']) PRIVILEDGES GRANTED THE PROPERTY Off7\iERS OF LAKESIDE GARIJENS SUBDIVISION BY THE PROVISIONS SET DOWN AND GRANTED BY PUlUJYAIVD HALL. We, the undersigned, concur with the above Petition Against Application to Abandon/Vacate this ¿(t!:'day of July, 2004. OWNERS OF LOTS i'lJi dl,.37 ~"'" f1:::"v~ #il_., LAKESIDE GARDENS ~ßDI"'ISlON S](1){Ú1Œ. ëJÆ/1-1/t < MIL)£' /?l¡Gt-E'!e- PRINTED NAME STATE OF FLORIDA COú7VTY OF PALM BEACH --'f-L- SWORN TO AND SUBSCRIBED THIS"'0 DAY OF JULY, 2004, BEFORE 1.1E, APPEARED í'JÖI---ìll /0.,. ::J)n\:\: )11 ì lie II , WHO IS PERSONALLY KNOWN TO J1E AlvD ATTESTS TO THE AFOREM:ENTIONED. .,,? .. ·}l. ~.: ) -~-- c" ----,-"'/éæ/?zETk...- :/ II Lr ,) ,,¡>-\1.Y p¿'._. . '_·.,'cvn.NCTARY SEAL ;/ . .. . 0-5:;. "-A,MONAMROTEK ¡VotarlJ Siunature ~ "'.-,,, '.-J b . - }.. ..;~ ':.n;c;;; lsslet.!NUMBER " /L~-IÌ ¿H.-r·l t'lî fLo -/I::'/C> ... ".-\ 00007281 . /'1 / , , I e.-. . "1- ~ r:'Y W!(',QMMISSIONEXPlRES Printed ¡Votary lVame L _ OFF\.~ APR. "2005 ~ ~""'_-i:;;';;-'::-_-_--"::,::,,_ _,.__:-=-..,:-=-- I _: PETITIO~ AGAINST APPLICATION TO ABANDONNACATE That, 4. 2 foot walkway (Ving between Lots 30 and 31, LAKESIDE GARDENS SUBDJVISI01\~ according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying f West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE AJVY NOTION OR IDEA THAT WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN T"E SUBDIVISION OF LAKESIDE GARDENS. THIS RIGHT TO ACCESS INITI4TED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OFACCESS IN PERPETUITY. NO FORùM HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS A1VD PRIVILEDGES GRANTED THE PROPERTY O~WNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWNAJV7) GRANTED BY PUlUJY A1VD H4LL. We, the pndersigned, concur with the above Petition Against Application to AbandonlVacate this ::;-'¥-L- day of July, 2004. OWNERS OF LOTS 3S-¡ 3C ,37 l;JiL-P-7LrlrL-17~¡J ~ LAKESIDE G.'-\RDENS SUBDIVISION !¡lliNÞlJRE ~ ¡JJ /11e 12 I ~ eðLMi: PRINTED NAME STATE OF FLORIDA COUNTY OF PALM BEACH ~ SWORN TO AND SUBS,CRIBED THIS ~ DAY OF JULY, 2004, BEFORE 1W~E, APPEAREDIJ.-'f'c f)(ÌJ¡,Ç PlÌ lit' ìL , WHO IS PERS01VALLY KlVOWN TO ~ME AND ATTESTS TO THE AFORE111ENTIONED. Æa 77i./~} Li...-. J)ìtcL~( ¡...~Y p(¡ OFriClAlNOTARYSEAl Notary Signature ~ (. ~t ""'DNA"ArnE< ~) .., , ~r;¡[ 't CDMMISSION NUMBER !Cr-hl) Gt...rl- In Jl(} Tklt.. '7 "" Z 00007281 Printed Notary Name ~ c(¡:' MY COMMISSION EXPIRES OF F\. ~ APR. 7,2005 PETITION AGAINST APPLICATION TO ABANDON/VACA TE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. H4LL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION OR mEA THAT WE HAVE ABAlvDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDP,/ISJON OF LAKES.IDE GARDENS. THIS PJGHT TO ACCESS _INITL4TED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVElTR.41VSFER THE RIGHTS All/7J PRIVILEDGES GR.41VTED THE PROPERTY OWJ\lERS OF LAKESIDE GARIJENS SUBDIVISION BY THE PROVISIONS SET DOVVNA1VJ) GR.4NTED BY PURDY AND HALL. OWNERS OF LOTS q'] o¡ 3 '9 (' U,lŒSIDE GARDENS SUßDIVIstON Z) STATE OF FLORIDA COUNTY OF PALlJt[ BEACH ~- J#'~ SWORN TO AND SUBSCRIBED THIS ~ DAY OF JULY, 2004, BEFORE MÆ, APPEARED \J tÁo,"- -r. A-u 11 (j , WHO IS PERSONALLY KNOWN TO ME AND A 0 JIENTIONED. /~-J)~:}~c //22-¡M p.,9.Y Pú OFACIAlNOTARY SEAL 0" ât'. ~!i~t'C!,-IÞ.~!;HOTEK ~ ~l :~_~ViJ2~~N;BER Notary Signature /~ If /1) /1 c' 11..:- I ( (SEAL) 71- ~- i.n COt.1MISSION EXPIRES /C ,,_2- ~7 I/)v ... ,. I , 0n\.O APR. 7.2005 Printed Notary Name PETITION AGAINST APPLICATION TO ABANDONIVACA TE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISIOIV, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach Coun(v, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for A van Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of th e property owners. *NOTE: A clause o/reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION DR IDEA THAT WE HAVl!. ABANDûNED DUR RIGHT TV ACCESS TO. LAKE WORTH WITH..fr¡.[ THE SUBDIV7Sl0N OF LAKESIDE GAPJJENS. THIS PJGHT TO ACCESS INITL4TED IN 1922 WAS IN EFFECT ·WHEN WE PURCHASED DUR PROPERTY AJv7J STRONGLY EXPECT TO. RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE L4WFUL AUTHORITY TO REMOVElTRAIVSFER THE RIGHTS AND PRIVILEDGES GR41VTED THE PROPERTY OffflVERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN AJVD GRANTED BY PUlUJY AND HALL. We, t~ndersigned, concur with the above Petition ~st Application to AbandonlVacate this ~ doy of July, 2004. ! ~ C c/)9~9Lj '~ ]!l OWNERS OF LOTS 1 d, . i /' : /v'\.. i LAKESIDE GAIillENSSUBDIVISION ~ /"'~ ~lr) i ""'- , { e I", J- U PRIl'T 'D NAME STATE DF FLDRIDA CDUNTY DF PALM BEACH ¡--ê S¡'VDR1V TO. AND SUBSCRIBED THIS -:) DAY OF JULY, 2004, BEFDRE JIE, APPEARED j¿trl'~£-''--) If) ¡+~)ILO , WHO. IS PERSDNALLY KNOfYN TO ME A]VD A~TS TO. THE AFDRElifENTIONED. /¿--;)¿ ~! j ^,,, Þ; ó i'Z4119j",- 'it , V o 6' F.",CIA[ Nõf. . - T' : '~!f~' ~ FfA.MONAAI~-' j'votat)' Slgnatlfre . . -,-_ (SE. ~;¡ ·J')MI,¡ISSlo'¡NUI.f /c/l-dl (.;'¡.Lf-: (1! 11 d ( {,-I ( ~,9 0 BER '. OF FLO~ 1·'yr;.:JMI.f~' Printed ]Votary lVame --..,~ . . APR 7 EXPIREs -.. '.: .2005 PETITION AGAINST APPLICATION TO ABANDONN ACA TE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact. according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. H4LL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE AZVY NOTION OR IDEA TH4T WE HA v'E ABAl''v7JONE1J OUR RIGHT TO ACCESS TO LAKE WORTH WITH1iV THE SUBIJIJ,7SION OF L4KESIDE GAPJJENS. THIS PJGHT TO ACCESS INITL4TED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY ~4.lVD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUiv[ HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS A.lVD PRIVILEDGES GRANTED THE PROPERTY Or-VNERS OF LAKESIDE GARDENS SUBDIHSION BY THE PROVISIONS SET DOWN AND GRANTED BY PURDYAND HALL. We, the undersigned, concur with the above Petition Against Application to Abandon/Vacate this S- day of July, 2004. &'( A ( Ii !/ ~~I~~~~- J!t ,1 OWNERS OF LOTS " 8'5' e 9û 91 "- (f{) 4\/",(;' J...d L.uŒSIDE GARDE:\'S SÙBDIVISION / /S¡CS4TUPj _ ¡¿ l::5;¿ (11? c k"T a rv. lrtr PRINTED NAME STATE OF FLORIDA COUNTY OF PAL~ BEACH SU/ORN TO AND SUBSCRJBED THIS~~ DAY OF JULY, 2004, BEFORE ME, APPEARED Sït/\.-\~ \..-A IL ¡Jo l(r+I'~S/L> ,WHO IS PERSONALLY KNOWN TO 1.££ A1VD A TTESTS TO THE AFOREMENTIONED. d J ~ k:;:" ';;;;--0'"''''_ ,>oi",,; õiM. /~ .7)L&1~ .... . 724_.. i.., ,i / o (.. f '4;JiCNA 'liROTEK ~ ~" ,<."" ,-- . . Notary Signature /11 Jt òTIf!.. tl r: ~ ~ "-.- -'f':<I~:~.J'O: N0MBER /(/+/)? c.¡Lj-l l Q uuOO72Bl ~ 0 o~ íW COMMISSION EXPiRES Printed Notary Name F F\.. .APR "7 ?nl"\r -'''=>'",,,,,,,,-.=,,,·oo-c:..., -0-- ·~o-./-":,.-;~I.(.~~. PETITIO~ AGAINST APPLICATION TO ABANDON/V ACA TE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying Wes'l to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C H4LL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE A2VY NOTION OR IDEA THAT WE HAvE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDF,/ISION OF LAKESIDE GAPJJENS. THIS PJGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT JVHEN WE PURCHASED OUR PROPERTY A.MD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM H4S THE LA WFUL AUTHORITY TO REMOVElTRA1VSFER THE RIGHTS Al'"D PRIVILEDGES GRAlvTED THE PROPERTY OWNERS OF LAKESIDE G.4RIJENS SUBDIVISION BY THE PROVISIONS SET DOWN AND GRANTED BY PUR1JYAND HALL. We, t~dersigned, concur with the above Petition Against Application to Abandon/Vacate this:) day of July, 2004. OWNERS OF LOTS 767'1.fjo '~,"-<--: _ ~~ LAKESIDE GARDENS SUBDIVISION SIGNATURE / ~1?c- Þ/t/ ~ ¿. u 1- L--/v -,.¿- PRINTED Nk\1E STATE OF FLORIDA COU1VTYOF PALjJf BEACH ,-r-c- STf"ORN TO A1VD SUBSCRIBED THIS;S DAY OF JULY, 2004, BEFORE Mr..~ APPEARED F!oJl(?/lx:e /3 í(Ö w/LI , WHO IS PERSONALLY KNOWN TO ME A1VD ATTESTS TO THE AFÓRE1~lENTIONED. /2 " )ÎL~ ,CL-/Jd-" /LC/ " Notary Signature /l! ¡((j IIE/C' (SEAL) /Lit-7JL Q)Lri PrintgILNo!ary Name M "" Pu" OF."" o 6'" NarARY ð&AL. . ~ (, RAMoNÄAlAOTtì( ~ >I- C.cMUISSICW NtAI '7" 8ER !. ~ 01' FI.O,iP~iYCOM,=1 .~.~ EXPrAes -....~=_ APR 7.2005 PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2 foot walkway (ving between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISI01V, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UIVDERSIGNED HEREBY REFUTE ANY NOTION OR mEA THAT WE HAvE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIl\T THE SUBDIVISION OF LAKESIDE GAPJJENS. T1!1S PJGHT TO ACCESS INITMTED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY A1VD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE L4 WFUL AUTHOR1TY TO REMOVE/TRANSFER THE RIGHTS A1\71 PRIVILEDGES GRAIVTED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PRO "VISIONS SET DOWN AlVD GRANTED BY PURlJYAl\71 HALL. We, the undersigned, concur with the above Petition Against Application to AbandonlVacate Ihis 5 day of July, 2004. æ OWNERS OF LOTS 88- fj¿;¿ - 8/ 1/ J, /'0, /0] a .) UKESIDE GARDENS SUBDIVISION sgJ/ATr.;:JJJhJ !?;VK.e¿:¡vJ P~TED NAME STATE OF FLORIDA COUNTY OF PALj'J1 BEACH SWORN TO AND ðUBSClllBED THISs!- DAY OF JUL Y, 2004, BEFORE ME, APPEARED -:;z"'JhAJ "y ,'rvià: ¡~ r-í ,WHO IS PERSONALLY KNOW7V,TO JIE AND ATTESTS TO THE AFORE1WENTIONED. ~ . ~",-, . r4-L' " ¡, flll.-~ )}Zl-r-, . 1.-/ ~~r;tY Pü~ OFAClALNOTARYseAL. Notary Signature /)"IAüÆ/C (. G- RAMONA MRCJ'TEK /¿ fh v, I.J \;,-v-', 7[0 . J )} r,'JMMISSICN NlAIBæ .... 7 -.[" 00007281 , Printed Notary Name .,.~ 0 o<f MY COMMISSION EXPIRES " F F\. APR. 7.2005 .If PETITION AGAINST APPLICATION TO ABANDONN ACA TE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISIOlv, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause o/reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION OR IDEA THAT WE HAVE ABAIVDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDIVISION OF LAKESIDE GARDENS. THIS RIGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS AlW PRlVILEDGES GRANTED THE PROPERTY Ow''VERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWNAND GRANTED BY PURDY AND HALL. We, the }:JJ1 dersign ed, concur with the above Petition Against Application to Abandon/Vacate this b day of July, 2004. ! e- .. ,il ¡/ II ---!- OWNERS OF LOTS e3 - 6;;. - 8/ /) I ¡ ,¡ 0 (09 '- x:Zð /;¡t:!tJ¡ ;;' /';1(¡;;7:1~^---- LAKESIDE GARDENS SUBDIVISION f SIkrNA)ìRM - '? =1<' :=J ).f/l¡ I:¿! i ::) [/(/= OfÎ PRINTED "lAME STATE OF FLORIDA COUNTY OF PALM BEACH Lc -y ,~ SWORN TO AND SUBSCRIBED THIS '-.J DAY OF JULY, 2004, BEFORE ME, APPEARED 57-J'-D¡lrJ 1°; ï'J j{(:] I C01,\/ , WHO IS PERSONALLY K1VOWN TO ME AND ATTESTS TO THE AFOREMENTIONED. /g;lJ49?~ )Jlté''-_~¡' ) '---- - _-.,-'_~;;' _.-J...--'~....,.....~ Notary Signature ri ..~'Q"~-- //7 lId f¡¿ / ( (. .{J :\:, r6,MONA MR01ÐC /¿+/}) (/1'''-- fI ....0/ ~ . ";'..IiMISSICN NUMBER Printed Notary Name .... ~ DDOO7261 7~ qf? 'i"N'MMISSIONEXPIRES OFJ~~~, "':6I'R. 7,2005 PETITION AGAINST APPLICATION TO ABANDONNACA TE That, 4.2foot walkwa.v lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIV7SION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attachedj. Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. TFE THE UNDERSIGNED HEREBY REFUTE AlVY NOTION OR IDEA TH4T WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDfl7SJON OF LAKESIDE GAPJJENS. TIllS PJGHT TO ACCESS INITL4TED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AlvD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUiW HAS THE LAWFUL AUTHORITY TO REMOVElTRAlVSFER THE RJGHTS AND PRIVILEDGES GRANTED THE PROPERTY OfVNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOfVN Alv'D GRANTED BY PUKDYAND HALL. We, th;vwdersigned, concur with the above Petition Ag~ilt Application to Ab ndonlVacate this c:;. day of Julv, 2004. ~ -. /' j'- I ' ¡, l ,;; OWNERS OF LOTS I/? / /17 '- LAKESIDE GARDENS SL'BDIVISION SI~NAT~( f0v~ PRINTED NAME STATE OF FLORIDA / I COUNTY OF PALM" BEACH SWORN TOAND SUBSCRIBED THIS ~DAY OF JUL1~ 2004, BEFORE 1l,fEJ APPEAREDDA-t../e¡u e~ S(;lD)l/6 /1--l4fCr'WHO IS PERSONALLY KNOWN TO ME AND ATTESTS TO THE AFOREltfENTIONED. /¿/)¡fj:l~ )Î'k<~ Notary Signature / (SEAL) /(;}ki" ' 'r? /)lr[o( le~' . , U v'"' Printed Notary Name ~QV Pú OFI'ICW: o <9'", NGf NW S£ïït=- ~~ FW.tdNA MRoTEK ... ~ C~"'ISS~ NtA4BER i ~ ~ D00072a ! OF FL o~ MY COMMISSIoN EXPIRES -~~ " ~"""--~ PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2 foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBf)IVISIOlv~ according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach Coun(v, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach. referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURBY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause ofreversiol1 is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UIVDERSIGNED HEREBY REFUTE AiVY NOTION OR mEA THAT WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBIJTVISION OF LAKESIDE GAPJJENS. THIS PJGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AlV7J STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORlJJf HAS THE LAWFUL AUTHORITY TO REMOVE/TR4NSFER THE RIGHTS A/VD PRIHLEDGES GRANTED THE PROPERTY OJiJ'7VERS OF LAKESIDE GA1WENS SUBDIHSION BY THE PRO HSIONS SET DOWN AND GRANTED BY PURDYAND HALL. We, the ~ersigned, concur with the above Petition Against Application to Abandon/Vacate this ! h day of July, 2004. ' . ~ OWNERS OF LOTS 't t .-- S ..J- / LA1ŒSIDE GARDENS SUBDIVISION SIGNATURE ( Stf. PRThTED NAME STATE OF FLORIDA COUNTY OF PAL] ! BEACH ~. . SWORN TO AND SUBSCRIBED THIS K DAY OF JULY, 2004, BEFORE ME, APPEAREDS fl'" 1. .0 s~t:'21\¡1' , WHO IS PERSONALLY KNOWN TO ~YE AND ATTESTS TO 'HE A FOREJfEN ION ED. /'la );J¿[} L<.·~ }}lL$L -o,,¡>.\<Y PZ;'~::',;,S';¡:~~~~~~L 1 N6tary Signature }77 /ld IE !é (SEAL) ~~'( ¡ !LrDn uÎ''- rl- '" ~"'; ~.,"'~>"'"""'" I U> 'ß~ Printed Notary Name :ÿ ~ c' DDc07281 ~ o?¡¡¡P ~Q:- ,;'; G;:)¡'.\MISSION EXP!RES OF Fl..v , .. .:'Pr;'J7,2Q0::_ _...., PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2/00t walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent for Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PUKDY and STILES C HALL, on January 21, 1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE U1VDERSIGNED HEREBY REFUTE ANT NOTION OR IDEA THAT WE HAVE ABANDONED OUR RJGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDIVISION OF LAKESIDE GAPJJENS. THIS FJGHT TO ACCESS J.TNITIATED IN 1922 W4S IN EFFECT WHEN WE PURCHASED OUR PROPERTY AIVD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUJ;f HAS THE LAWFUL AUTHORITY TO REMOVElTRANSFER THE RIGHTS Alv7J PRIVILEDGES GRANTED THE PROPERTY O~WNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOrVN AND GRANTED BY PURDYAND HALL. We, the undersigned, concur with the above Petition Against AfJ. to AbandonlVacate this' 0 day of July, 2004. /k-' ! ! OJFNERSOFLOTS 4;--; y .....--; : \ II.Ar 1 \ J L.uŒSIDE GARDE"'S srBDInSION SJ6'NAT~ . _ f)-¡'V\ PRINTE NAME STATE OF FLORIDA COUNTY OF PALM BEACH ~ SWORN TO AND SUBSCRIBED THIS / () DAY OF JULY, 2004, BEFORE ME, APPEARED,5;t/Y} {fLAt\JC t S , WHO IS PERSONALLY K1VOWN TO ME AND ATTESTS TO THE AFOREMENTIONED..-£, --¡;¡ ~ /to /JLP/"-<.....J . ~..' '/ p '<""ÔiõRêIALNOTAR:: rvóta2 Signature - ~'f-\I- I.Js( ;:tA/J.ONAMRO " / . .., . (SEA ~ t C':JMMISSla-l NUMBER f Itn) d 1,,,--/4 /11/1.6 Tl:-! ( ~ ~ 6 ~~~RES Printed Notarv Name .,.~ ò:' iA'< CO" - ~ OF 1',-0' A~~. 7.2005 - ....,d_ PETITION AGAINST APPLICATION TO ABANDONN ACA TE That, 4.2foot walkway lying between Lots 30 and 31. LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agent/or Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE ANY NOTION OR IDEA THAT WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDIVISION OF LAKESIDE GARDENS. THIS RIGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS BV PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS AND PRIVILEDGES GRANTED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROr-7SIONS SET DOWN AND GRANTED BY PURDY AND HALL. - STATE OF FLORIDA COUNTY OF PALl}! BEACH . YL- ¿I SWORN TO AND SUBSCRIBED THIS / DAY OF JULY, 2004, BEFORE ¡WE, APPEARED jo If;u Jì) c C,q /\.J )'U , WHO IS PERSONALLY KNOWN TO ME AND ATTESTS TO THE AFOREMENTIONED. ¿ 'I)¿'íc~~/r¿ /{éh7}r..81~ Notary Signature /FlII Ò / F/c. (SEAL) I- rhn ò ¡'vit Printed Notary Name r--¡riì:~::'~' ~ ~·S;:f2¡(';¡Äl.NbrAAY SEAl. ~ o"P' "'¿;C. R."!;¡¡ONAMROTEK "<- lr'·'· .-y·, foil: \:-.''fC?g";0~·MISSION NUMBER ~ ~ :: 00007281 ! ~ ./¡c",v ~ zi.~' it" ':;OMMISSION EXPIRES I OF£,,:'-}...i\f'~fl· 7.2005 t .~~~~_._J______... .:øf'.___~~~~.n"" PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PlIRDY and STILES C H4LL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause o/reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE U1YDERSIGNED HEREBY REFUTE AZVY NOTION OR IDEA TH4.T WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHBV THE SUBD.rVISIOIV OF LAKESlDE GARDENS. THIS RIGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AlvD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVE/TRA.IVSFER THE RIGHTS AI"']) PRIVILEDGES GRANTED THE PROPERTY OffWERS OF L4KESIDE GARDE1\iS SUBDIVISION BY THE PROVISIONS SET DO WN AND GRANTED BY PURDYAND HALL. We, th1-f!!dersigned, concur with the above Petition Against Application to AbandonlVacate Ihis'i.'!:::day of July, 2004. j 4 ~ OWNERS OF LOTS 44· 4.s. 4.b. 41 c.}/ _ _ LMŒSIDE GARDE.~SSUBVIVISION sl:f!!!:'~ D '. __ ~~ y PRINTED NAME . STATE OF FLORIDA COUNTY OF PALM: BEACH yL- SWORiV TO A1YD SUBSCRIBED THIS £ DAY OF JULY, 2004, BEFORE ME, APPEARED CD!\) itrt-Ù.4-. ¡)te¡c¡CV , WHO ISPERSO. l.;rALL)KNO.WN TO 1'1E AND A TTESTS TO THE AFOREJf£lNTIONED. / ') ,£,. V)í _ (I 1 / c.G: /lu,. J"'----- / v¿..<~ Notal)' Signature (SEAL) ¡lA-IYIc)j,,}-!- /7) (Lò'¡t;j( Printed Notary N....d..... >'¡2F'c;¡;':CNOT vSÈÃl .1'-\<'1 Púð -' RÞMCNAMROìEK 0' "'(/ ]:'.¡:. it <;;. COMMISSION NUMBER tJ> ~\~J4 ~ 00007281 '7 ~ ~ µy COMMISSION E)(PIRES , /~ OF ~\.. 8~ _ _ .~~_~? 7,2Q05 ...-.~ __---~-,...,---~- r- PETITION AGAINST APPLICATION TO ABANDONN ACA TE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDWISIŒN, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft wide x 161. 0 ft. long walkway (ving West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause o/reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE A1VY NOTION OR IDEA THAT WE H4VE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHLlV THE SUBDWISION OF LAKESIDE GARDENS. THIS RIGHT TO ACCESS INITIATED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AND STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS A]\¡V PRIVILEDGES GRANTED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN AND GRANTED BY PURDY AND HALL. We, the undersigned, concur with the above Petition Ag this '2 day of July, 2004. OWNERS OF LOTS ~ 5 llÅCZ-V 4 ~ LAKESIDE GARDE,""S SUBDIVISIOi'I SIG, , M lC.¡..(, Þ..£L. PRINTED NAME STATE OF FLORIDA COUNTY OF PALM BEACH SWOR1V TO AND SUBSCRIBED THIS ;2... DAY OF JULY, 2004, BEFORE ME, APPEARED /YItcJra f!!..L )} Me 0 f-Itt!/( , WHO IS PERSONALLY KNOWN TO ME AND ATTESTS TO THE AFORE1WENTIONED. ~ NotarySig ture ~ (SEAL) "'':f.~II~., . -1 (l,¡-æn-w p;''.·A..''-''tl« ~ MAR: F. CARAWAY l' ¡:, Jt ¡'i MY cOMM,SSlON IDO 052057 I Printed Nota Name '~i-.....C;;:~' EXPIRES: August 2~ 200:; I I, OF ~.' f.<- -, '" """1'\", 'j\.:nded Tnr:J NOIary ?ubiic Und8rwr;;€r~ . -~-!' PETITION AGAINST APPLICATION TO ABANDONIV ACA TE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDEVS SUBDIVISIOIY, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21, 1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UNDERSIGNED HEREBY REFUTE A.IVY NOTION OR mEA THAT WE HAVE ABANDONED OUR RIGHT TO ACCESS TO LAKE WORTH WITHIN THE SrIBDIVISION OF LAKESTDE GAPJJENS. THIS PJGHT TO ACCESS INITL4TED IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY A1VD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUM H4S THE LAWFUL AUTHOR1TY TO REMOVE/TRA.NSFER THE R1GHTS AND PRIVILEDGES GRAll/TED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN A1'v1) GRANTED BY PURIJYAND H4LL. We, the undersigned, concur with the above Petition Against Application to Abandon/Vacate this :2 day of July, 2004. ; /l / z-1 OWNERS OF LOTS 8B -,í.tM 43 /'/Q/107<¿0 - -1)2/k'---' - L- L4lŒSIDE GARDENS SVBDlnSION SlG^~4íf!:+ ' ¡lYl/L6(ì? K 771 ¡I)'V1Î" PRINTED NAME STATE OF FLORIDA COU1VTY OF PALJl BEACH SWO~ TO AND SUBSCRIBED THIS ~ DAY OF JULY, 2004, BEFORE ME, APPEARED tfl'1o"., /h""bTC-~ ,WHO IS PERSONALLY K1VOWN TO ~WE AND ATTESTS TO THE AFOREJ1EN ION ED. ~ __ a -' . No'!!!:y s¡gnt;:e ~ e//~., ¿',,!,.,~ ~d- PrÎnted Notary Name PETITION AGAINST APPLICATION TO ABANDONNACATE That, 4.2foot walkway lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIVISIŒ^f, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Palm Beach County, Florida. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway (ving West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when infact, according to Plat Book 8, Page 57 (copy attached). Is a public walkway to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement prmJŽding abandoned property to revert back to original owners. WE THE UVDERSIGNED HEREBY REFUTE ANY NOTION OR IDEA THAT WE HAVE ABANDONED OUR PJGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBDlVJSJON OF L4KESTDE GAPJJE1VS. THIS PJGHT TO ACCESS --.TNITIATED IN 1922 fv.4S IN EFFECT WHEN WE PURCHASED OUR PROPERTY AIVD STRONGLY EXPECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUJl HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS A1'lD PRIVILEDGES GRANTED THE PROPERTY OWNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN A1VD GRANTED BY PURDY A1\'D HALL. We, the undersigned, concur with the above Petition Against Application to Abandon/Vacate this 5 day of July, 2004. - ~ OWNERS OF LOTS }21, tZ5/ (¿t, TIL? ~ ,. <,. - LAKESIDE GARDE:'<S SUBDIVISION -5IGNATURE ! p K¡c¡.{IIt</J íJ, Hi1¡:¡-Uo,"/ PRINTED NA,'VlE STATE OF FLORIDA COUNTY OF PALi1f BEACH ~ .---./ SJFORN TO AND SUBSCRIBED '{HIS ~ DAY OF JULY, 2004, BEFORE1~E, APPEARED gLh'Prt'J) T- í-41'/li'L¡ Sõ'Í"-1 , WHO IS PERSONALLY KNOWN TO ft-fE AND A TTESTS TO THE A FOREJ1ENTIONED. ..'1 _,. ) JZç.~. 11. I La;/J¿l~j:?lc :;;2 k / ~ No(my Sžgnatu!e.-... J.~ (SEALj /Z " cD¡j{6!/.iL[:)Á.-L ))¡ 'Lt' t}. .' prilltedre~ljNá' ~NÓrAAvsw ~ m~ rTf1:, RAMCNA MROTEI( ~ ~. i . COM. MISSICNNUM8ER ! 'Y",,~ .0 00007281 ' L ~ OF F\. 0<1-' 1,.1'( Cv;4IAISSQN EXPIRES ~ - ".~"'~c"""~' .PE12~~~,,~.<",) PETITION AGAINST APPLICATION TO ABANDONNACA TE That, 4.2foot walkwa~v lying between Lots 30 and 31, LAKESIDE GARDENS SUBDIT/ISION, according to the Plat thereof as recorded in Plat Book 8, Page 57 of the Public Records of Plllm Beach County, FlorÏda. The application to abandon/vacate the identified 4.2 ft. wide x 161. 0 ft. long walkway lying West to East at the intersection of Dimick Road and Lake Drive North, Boynton Beach, referred to by Rod Regan, Agentfor Avon Investments, as an "alley" when in fact, according to Plat Book 8, Page 57 (copy attached). Is a public walkwllY to the body of water known as Lake Worth. The walkway was dedicated to Lakeside Gardens Subdivision by the original owners, KELSEY D. PURDY and STILES C. HALL, on January 21,1922 as a right of access to Lake Worth for the perpetual use of the property owners. *NOTE: A clause of reversion is contained within the dedication statement providing abandoned property to revert back to original owners. WE THE UIVVERSIGNED HEREBY REFUTE AZVY NOTION OR mEA THAT WE HAVE ABANDOI\T£D OUR FJGHT TO ACCESS TO LAKE WORTH WITHIN THE SUBJJD/7SIONOF LAKESIDE G.4P.J)ENS. TIllS FJGHT TO ACCESS .INITL4TED .IN 1922 WAS IN EFFECT WHEN WE PURCHASED OUR PROPERTY AlvD STRONGLY EY.PECT TO RETAIN THIS RIGHT OF ACCESS IN PERPETUITY. NO FORUitf HAS THE LAWFUL AUTHORITY TO REMOVE/TRANSFER THE RIGHTS AND PRIVILEDGES GRAIVTED THE PROPERTY 01-VNERS OF LAKESIDE GARDENS SUBDIVISION BY THE PROVISIONS SET DOWN AND GRANTED BY PURDYAND HALL. We, ~derSigned, concur with the above Petition Against Application t this day of July, 2~04. " /1(' OWNERS OF LOTS IJ b (o 7 /u ~ . / / A--{¿ . LUŒSIDE GARDENS sen IVISION ~'ATU~AÞA /PRINTED NAME STATE OF FLORIDA COUNTY OF PALM BEACH ~ SWOR1V 7.0 AND SUBSCr:/ED THIS L DAY OF JULY, 2004, BEFORE lWE, APPEARED S'J./.4D tr 0 l)e.j\: v , WHO IS PERSON ALL Y KNOWN TO ~ME AND A TTESTS TO THE AFOREJIENTIONED. ~ ..-:) . . ÇfJL /( - /7'-r..<J.?Û- flLé--'~:.,' / ~,.!I-'f Púð OFFl0í.~·NO AAŸ SEAr. . Notary Signature tl"l¡l Ò UIC. (SE ~¡~ RAMONA "'ROTEK Æ Ai):Î 6,{~rl ~ J::- r.rJMMI$S1Q\ NUldBER Pržnted Notary Name ~ ' ,[) DOo07281 ~ 0 0'<- i", COMMISSION EXPIRES F FL ADR. _ -._~ _~_ .~..;..2005 _~ DEVELOPME,.·.... ORDER OF THE CITY COMMISS'-t-.,I OF THE cr. . OF BOYNTON BEACH, FLORIDA . Development PROJECT NAME: The Promenade P&Z Building Engineering APPLICANT'S AGENT: Mr. Michael Weiner I Weiner & Aronson, P.A. Occ. license Deputy City Clerk - - APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail, 3,000 square feet of restaurant, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard 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 Community Redevelopment Agency 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 _ 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 and conditions of this order. 7. Other DATED: S,\PlanningISHAREDI WPlPROJECfS'J'rnmcnade\NWSP 04-009\DO.doc PRC#.ilENADE LOCATIO~ MAP S~h; biT ",qu CBD NE 4TH AVE C-4 CØD 0 CB CBD BOYNTON BEACH BLVD i I I I CBD CBD CBD z MX-H N W*. S 0 50 100 200 300 40~ - - eet ___ ~___ n_____ .___._......~____......._.....__R___O~ .,_~~._~>_.....,..._,___~,_...,..____~ - XHIBIT "B" !I ~- ~ e:'" ¡; r-"'>..>Þ·»»>~<l""'-o""n!)nor..""n()o þ» I'~.I.~II.' ïml·..·~".L.~. ~.~ s. 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Florida 33016 305,826·3999 EXHIBIT "B" '" "1 \::;:> ~ <> Ii ~~i 1£ I ~ ~:i I '¡; <' ~ª ~ 1,1) ~ ~~ >- - ~ ~ g~ '" '" H ~~ ¡~i;~ i~~fi ~ ~~~'~~~~~~~~;~~:~~~èg~~~~~:i~~s~g~E~~~~~~~~g5P~ ~~R~~~~~S~E~~Et~~:~ C) ~ {);) ~ '\)~ ~ 1. ~ ~~:~ :::: I J I: OJ'''' ~ "J "J ~ . ~"J ~J-:~' I "J Þ' . ~ ~ I . ~;. ; I ~ ", ~., ~ I ~~ I ~ . J~", '"J ~ '", ~ .' ;s ~ <: <:> ::\j ~ ~'" .. ;;¡ § ~ ~~ ~ ; § ¡~ o~~ . ~fij¡&mnl'ij.l~mIir !'!u'ff¡i~i!iì~tï'¡iif .Hn~~ t~f§'r~fnn~i j; de) ~.....~ . ""~ -, ~.~ ~, c ~ 1 ·~·l.····¡f.i. ).... .l[f!!_I~ ··'li "i'~" ~:'!~'ig ~, 1~~ ~ 8~~ ~ C) CIJ ~ ~ <> ~ _~;¡<.; . ~ i!f .~~ I ~nnf -.~ -, ". f f¡" .. .' & . . . 'fP , 0 ..., ';Q.-~ ~ .ð~~1i ¡~~ î!¡~or !!; i;;~! ~~r !i~~e. ~..~ ~i~; ~ff~f à f : il~f- ~ f ~ fj,.,';::è'I<:~),. !; ~ " ~ ..! 3"<· .. 0 '''I n .n 1"1", . a ¡-5"· :. :!I 0 I: ~ !Q~t·<:~:;:~ §., ~ ~~~~ ~ ~h~~ ~~. J lS~ t. ¥,' ~ I P : i' -¡.g¡ !~. p~ ~ .. 0 ~Q.. ~, t ; §' I~...~f ¡-f w .. ~ ~~~-! ... ;; ~ ~ "<:>i';J-<,I"-' <> ~ ..~~~ ~ ~ ~t!\ ~ I a I ì: ~ 'f I ~ ~ ~ 1 hi¡¡;¡~~~\j~ ~ n~~ i ~ - =<i<:>(){) \r) r>-¡ . S~~ Ii Q.1i ~ ~'~ ~' 1" :g_C>ÀC>C:: · ~ ,"U"""'8·""·IOOÞQÞ ~~'" c.. a c..~::\j ~ ~ ~ ~-;~ ~ ~ ~~í' ¡ '¡~HWFf3T¡flY! ,. c.. ~ ~ ~ ~ ~ ~ . I'~" .~ì·~ í" . ~l -i-full f f I" I .C) 'ii ¡hv¡j;: H; 11 ~_ ,Ii' i' '" ~ .. ~ i' t B~Plo!'ô"" !. ¡¡; C) ~ i- ~~Etiilif~~2 ~ ~ ~ ~ :;¡"ù ~ ~ ~ ~o ª \J ~~ t:i to ~ . ~ ~ ~ g ST. t ~ ~ II ~ ~~v.~ ¡; <:>. ~ g ~ ~ ~ . ;;; ~ ~ ~ ~ ~ " .., ~ ~ ~ ""( ""( ~ ~ I <J " ~ - ~ ~,.. ~ ~ '" '. ~ i '" '. " ~ . ~ ~ :1>. f I .1:1 ~ <> ì . ~ I ~ " ~ ~ ~ . ~ ~ I I ~ 9 ! I -U ~ J> ÌT'ì ! 1 ! :;u ~ ^ ~ _ tv ~ ~I ~ ~ ~ o !\:I !:: ~ ~ ~ ç;: ::t > ~ 1.0 ~ ~ ^ ii1 c . ~ ... a ... . I i CJ ~ i i ~ i ~ '" :Þ à 8 I ~ g ~ ¡ lr) ~ rri ~ x ~ " c: ::j ~ ~ ., o o-t ~ Z ¡ ~ ~ IX> Z z I ~ -< :tJ :u U: ~I ¡i~~~ U; I i ~~ (/) lid!" ~~" ~ 51<j~ ~r f §!! ~ ~I~ h ~ I =:: -~ i h~ . b ;: II ~¡. ~ ~ i ~ I ~ i¡ ~ ¡!¡ ~~ ~'ì.. \1 if ~~Pi !(> ð g" ~ ~;\,'" ~II~~ ~~I· I}¡ ~; ! ! ~ ~ ~1 ~~~ ;¡~ '" . ., ~ ~ ~~ 1\; !'> ~. ~ ~ ~~~ M ~ ~¡ <.. ~ c CD '" ~ I » Y1 --------- ~ ~ ~ ... ... » '" c '" l:; ~ fIrI). PJI:. IN. 'iI z '" I CD M \2 ~ ~ <> ~'" ì ~ C) ~ g,¡ !3 .:1:. ?!: '" ~ ? :J: ~ ¡¡¡ '" "" :< _._---~-~----~-_...~--...._-~-. ""'~_.-"-- ~~ ~-~-- ~.---- ... .....__=c"'=-.....~____..__~ EXH IBIT "B" I ----~--- -----------rFIJ:----- - - - - - - - - ~ - BOYI<TON BEACH BLVD )I~\/ )i¡I~, : , n.. h -- - r - - _.LL - W- - - - -J1- - - T - - - - - -¡-ì\ I ,\ ~:¡¡~ I lfT 0 DOc" ~~""g \ \' \ \ ~~~n .. t· !II r ~~ i2~~ Çc I~! I \ \ ~>zL r ~,",., ~ -a ¡:~ I \\ o~ól r--- f1 un ',/' ~ ~~B I~! I \ . 0j-" ~ - __, \ ,__ \ \ ~ ~ ., _a ~ ~ I " ;;~. \ \ :c!ó~ If :;¡; / -.. --;! 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( n ~ I I, v ~ rn ~ ~ l D D: F I r,)g ~ : ~(JI~ 1 uµ , , ~ dJ n¡ '.- 51 I og þ=- I ~ o~ '>- 00 g I:,...~ I I I Ii; I 60t"""' ¿ ( . ., I [ ~~g f---- ¡;,;¡ _ ;~: D D ~ ~!(j < I z -, . ,> " I I ~ f---- "J,íi' ~jj , D D: ::; ~ Î 6 ..,' '" I ~ ë~~ ~ ttt:ID1 ~ ' > ¡j (JIoQö g ~ I ;~~ - to". - D D ~ 2' ~ " >~ ~ II I 51 I t'""" I - - -.. -- ¡;; ~ ¡j - ~ .@ 0 I~ ~ Õ D j ¡:¡ , g I N2 ~g ;:¡ ~ ... ~:z: f---=---- I I: »- \::::: ;~g 0 0 m::œ I D _C?_-, :"':: I~ '[ ~~~ t-- ::¡g f- -- ~ 0, ' : I ,I 0 I \\ þ=- ~" 0" ¡ _ I I f-- < 0 ___ n n2~...., , I ~ I \ ~ ..&i~ r-- ~L~ ~: : ; I ..,. ~,-~ 1 &ag - 1~ 0' I u I I ......, '{ ~---- . I ¡: ~ I. ' ~ ~ ~ ~ g ~ 8 .. Joe: ~ V (/ ~'" ~\l~ I - ~ ~ R I c~Ê = ~ =: ' ~ / '. "¡¡ , 1--' - --= .c-,' ~f -'-' I Coo a Jo If; 1 10011 1 .... , ~~pg¡g~. I\!!' '" :2 nniQ/ mJD y^ . 1 n t""o< .....') þ=- 1 III r I : ~= ä ~ ~ ~ t ~~ rm~ f---c- "" ~-f:j~~ eJ' i( a . Itj , !:! "'..;; ~ Ii> 0 ~ . mJD ,. 11:. 6 '\' .1 I i! !5 '" .. '" " f ~¡;¡ F"'" -==- '" r-,' -~ '..." r-'\:~ ~: ~ ä ~ § ~ i ß L i'==- ~ ::::: ~n_-\tl.JAÝ 'I -' I ..-<" ¡; 1< ¡;¡ -.8:tr- '" I ,""" . ~~~..:ñ~ ~ I - ffIDf--- ¡: ~_J IL~ I\/~'",~, I ä;~ h P ~ I J ,., - ~ ~ ¡g h-- ~ '" T~ I ':! ~:;¡ ~ G -Sl~ ~ "' ã ~: I . ~j '" a ~ I 5ag ~íi' ' i~ ~, . "'. n_ II: I o '" '" .~ - _. 0 I " '':¡;::? ~ I II I s¡ ~ ;¡ I [ ~~~ /' ~ "r-@ ;;, '\ 0_' : I " ., ,- ~. ~ · f=F=îL- · ¡," ", \ I I ~2 ~ " I- _ n g- " I i - äãg _m I---- 1tI::rn1 ~ 0 II z ' ø I ;~ -- _m f---- I.. _ !~ ~ ~ ¡ ~ ~. I ,.;2 I '8 ,.. ~I '" I ~ '0 0 "0 I F <$ '.- "Pi!' ~ ¡, ' ~o ~ I ägêJ - ~ - ~ 0' ~~ I , . , t ;~ ~ M -- . 0, : ~ !.~ [ I . ., '! i Ii" I - -;-'. ~ _ I~ -1 ~ .. :"¡; 2 I ,..... I 2 ~ . G :~ ,. :. "' , I 00 _(37 I I : ~ Jo t :<+ !ii~ I 1 ~!!g ~ ,- i : == ä < I t-< I. "'~ i ~~5! - , ~ : ~ iii' I ':i1 (.c, ¡ , t:-. ~!, n , I" ! 1 0:' I I t:rj ~\ \ l.j II' 0 ~ ~z F JIll ~ Oil ~ i ~ _' , ~ t-< I - ~ ~ ~ 1\ ,/ I 10 ' è '''' , ¡ II. . 1m ~ " I -; ~ \ ¡ ~ Lr -rr~ _J-- - ~!I ! _ ~ 'q !;n ~ I . , ~ 0 ODD'\, !--- I Lr--1 ,Z )) ) ¡!~ ~ ~I ¡I! 'Ii 0' ~-~d, :H i : ~:', ~~ ;,,~ !~~ I - ~ LJ ~. '/ II ~ ~ '~" ' IIf g""IJh I / a t'" ~'I .,,~ I " -, .~, -. / ~ "'11 ' I ~ / li!t) ~ 1i!I.o, _ 1: >;~ _:-: : ~'~ -.., ~ 11 ~ ~: ;. ~ 0 dJ Þ è:~ 1.....-, - _./. - 01 I t': - ---- T:::T -. ~""z ¡~~ ~ ~s ~+ mj !I CJ 0 H~~ ~, ¡ I ,. b I. r ) u S I' I I ~ 7 m' I .~. - N_E. 4th AVe. . - . ..J COHEN' FREEDMAN' ENCINOSA & ASSOC. Architects, P A 8085 N.W. 1S5th SInd Miami Lak... Florid. 33016 305,126·3999 rnm'll~n ~ ; EXHIBIT "BOI ;!:~ .:~ ':r ..~ ',: ': " '~: ": , Ii ~ ;;:::::¡ , 18 ,d. , , ~ , , a~-' :a¡~ã~~1 J C;Y ~ ~".~a~_ ~ä ~r~~ ~~; §~ ~i" ~~c -~ ~ Q ~ ~g I. ~'" ~~ Ij ~~ ~. g. ~~ ~ -~ ~- § I~ ;;;c.;¡;¡;;:::õ~ O~~[~i ~ ¡¡c~.§ ~ ~~6a c:~ -- ;x: ~;ª~:a;: ,n ~¡;~g å~ Iª ;::c~ fi êi!;Q t;> ij~ 51~ .., 8 , trJ ~ z.... , - , '- ~: , , , I , , , II I I ~ , I I I I I I , I I I , I , , , I , I , , I :11; I I , : Ii I , , I I , I , I I I , , I I I I I I I , I I , I I I , I , I , , , I , I , , , I I I , , , , , , , I I I · ' · · , z 0 þ;: >-3 ::r: tr:1 t-' tr:1 <: ~> 1;>-3 --- ~o ~z I I I I I · · · ~ ~~r-J--~Rß --I COHEN' FREEDMAN' ENCINOSA & ASSOC. i Architects, P A ~ ;þ 'i: ! THE PROMENADE o " BOYNYON BEACH, FLORIDA I 8085 N.W. 155th Street MiamI Lakes, Florid. 33016 305·826·3999 > I , ............._-<-.;.-_".;,...."'"~-~""""""'-~---~"'~-=""'".... --,~.._'-="-~ __ ".-'O-_~__-.___. _... .,..~_.______.T_ EXHIBIT "B" . . . ~ ~ ~ it ~ ;, . . 1 ;, F ;, ;, r I i I Ii: )1& . CIr 0 C ,...;¡ ::r: roo. trj t"' trj <: ¡ij;l> ~:j ,0 <>.Z o. '" ::tI > "è ~ tI: 0 Õ I en ~ ("') 0 > ..... ~"~~..."; t'j U!IUllg ~eE¡¡ 0 "Z ~i' ~~~~ œ q ~ ~§g Q:¡ ~o~ 0 ::1- 300f ~~ !al!fi ~2 r ~ ;!U ... .-. unitl ~ trj Ie CIl II ;ï1j II ,...;¡ trj JI §.h _~ d .0 q~ t"' ~~ 38 trj I~ - .t'" ;: ,...;¡. ...... 0 Z it ~~~ PfIB..U,IAfIy DESIG'<I FOft COHEN· FREEDMAN' ENCINOSA & ASSOC. THE PROMENADE Architects, P A BOYNYON æACH, R...OAIDA I08S N.W. 155th St.... Miami La1:es, FIori4a 33016 3OS-826-3999 . I -r" >.c:"<.II.__...-....::...... 5(;-'- '\. -~ e.E~~'~ BL /::;- i I I --- ---- J, I : ! ! I I i I =--=--=--~= ,I I i EP ---1---- 'I . -t . J} l' -=~f:: "if ¡ I . , I , - I fI) =+= I <+ : i c::¡::¡¡¡ I I , ---t,,--- I .~ , I~ - ~ .- , ! I ; i I . I m ~ ~ :I a ~ ¡ - ~ I f m I I ~ .... ~t ~ I ~ r ~ì ' ! d m ), ~ . x . U ~ \' ~ ' ' ~ .... ' , - m I ~ m I( I " ~ ~ I II: ¡ ~I I II: I, I ! i~ ¡ 'I: , I~" ~ i I', . ~I i !! '!i (Y i I. i! II ; , læJ I; r---- i; 1--..----- I 1 L__~__J , ---- -- --- -_._~ --- ---- ---- -- -- --- - I ~\ ~' o en f II;&~ HH FUSTER 0 ... ~ := I l{.1t THE PROMENADE ..¡ ~ t·w :z: -i . DESIGN ASSOCIATES. P-A- ~ tv I nil} GROUND LEVEL LANDSCAPE PLAN -.......-~....,...... ~ ---............f,.$.U. _lõ."~ n.eo_,,~"""I'LU,*:J _t,.lf'I7-allr....:..¡___ EXHIBIT "C" Conditions of Approval Project name: Promenade File number: NWSP 04-009 Reference: 3rd review plans identified as a New Site Plan with an June 22, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to pennit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). Additional detail(s) will be required at the time of pennitting to ensure access is properly provided to the trash rooms for Solid Waste. PUBLIC WORKS - Traffic Comments: 2. The Palm Beach County Traffic Division must approve the traffic impact X statement prior to the issuance of a building permit. All proposed uses and their respective building areas must match between the traffic analysis and the site plan (Chapter 4. Section 8.F.). 3. The required traffic analysis should address, at a minimum, an evaluation of X turning movements into and out of the proposed development. Particular attention should be given to the southbound to eastbound movement from Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full signalization at the intersection of Federal Highway and Northeast 4th Avenue considering existing traffic volumes and expected volumes to be generated by the proposed development. If warranted, it shall be the sole responsibility of the developer to upgrade the signals and roadway at the intersection of Northeast 4th Avenue and Federal Highway and an appropriate letter of credit or other surety shall be provided to the City prior to the issuance of any building pennits. 4. Northeast 4th Avenue shall be improved from Federal Highway east to the X east limits of the proposed development. At a minimum, provide two (2) 12 - foot wide lanes with Tupe D curb, sidewalk, signing, striping, etc. An additional 15 feet of right -of-way or roadway easement shall be provided on the south side of Northeast 4th Avenue. 5. The south parking structure entrance shall be right-in / right-out only unless X improvements are made to the eastbound Boynton Beach Boulevard approach. In accordance with recommendations made by staff and Pinder- Troutman. Contact / coordinate with Kimley-Horn & Associates regarding widening Boynton Beach Boulevard to the south to provide a "by-pass" to prevent stacking of traffic back onto Federal Highway. COA 07/12/04 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 8. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 9. 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: 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. 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. 12. 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). 13. 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. 14. A building permit for this project shall not be issued until this Department has X _~""''''_<o>'''''',;''''''''-~L "'----~. ~------- - _ r~_ _,-"-_~__,-<-__...,,,,_....._,,~, - ~<--~---<'-.-" . ... _____"'__,_ ,~_ .__ - ___<_._~ .n'_ COA 07/12/04 3 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 15. The developer may be required to upgrade the remainder of the water main X from 6 in. to 12 in. along Federal Highway north to NE 4th Ave. and east from Federal Highway along NE 4th Ave. to the property's east property line. Please provide fire flow and demand calculations demonstrating the needed minimum main size for serving the needs of this project. 16. 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: 17. Hydrant connections shall be to mains no less than 6 inches in diameter. In X addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 18. Where underground water mains and hydrants are to be provided, design X documents 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. 19. 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 Constroction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be finn 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 Constroction (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. 20. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the X following additional safety requirements for high-rise buildings and/or buildings with 6 or more stories: . Firefighters Air System COA 07/12/04 4 DEPARTMENTS INCLUDE REJECT · Equipment Storage Rooms. · Stairwell Doors. · Administrative Controls. · Master Keys. · Rappelling Anchors. · Suppression Connections and Control Valves · Communications · Elevators · Smoke Controls For details see the Fire Department Design Guide. 21. High-rise buildings shall be protected throughout by an approved, supervised X automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1. 22. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 23. Class I, Type 60, standby power in accordance with NFPA 70, National X Electrical Code, and NFP A 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. POLICE Comments: None X BUILDING DIVISION Comments: 24. 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. 25. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 200 I FBC, Section 705.1.1.2. 26. 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 .----...,-~---,----..._--_...........------,..--....._---~~- - '_.,-.-+--,_......_-"--'- .-.._M'__ ,<-~~,.. -, _.___._~~ _ ,_.~h COA 07/12/04 5 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application. 27. 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 (pst) on the plans for the building design. 28. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 29. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 30. Add to each building space that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same unit/s on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 31. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 32. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If ther is no base flood elevation, indicate that on the plans. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 33. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, provide the following: · Will the pool/clubhouse be restricted to the residents of the entire project only? COA 07/12/04 6 DEPARTMENTS INCLUDE REJECT · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse. 34. Add to the floor plan drawing of the clubhouse building a breakdown of the X floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. X 35. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 36. 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. 37. 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) ~~"-- , -_.-..-.~ =-_......,"---.....,.~ . ,_ ~~~~_-,-, ~__, _~_ _n_~ _____..~_.._>~_ _ H ... - COA 07/12/04 7 DEPARTMENTS INCLUDE REJECT 38. 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. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 39. 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 approvaJ as listed in the development order and approved by the City Commission. 40. 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. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 41. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your TRC plan submittals. 42. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specifY the total area of the unit, area of the balcony, total area that is air-conditioned and; where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. 43. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: · Common area covered walkways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not part of a unit); COA 07/12/04 8 DEPARTMENTS INCLUDE REJECT · Garages (not part of a unit); · Elevator room; · Electrical room; · Mechanical room; · Trash room; · Mailbox pickup and delivery area; and · Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 44. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: . The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. . All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 45. Submit floor plan for the health club. PARKS AND RECREATION Comments: 46. The Parks and Recreation impact fee is based on the following formula: X 317 multi-family units x $656 each = $207,952. FORESTER/ENVIRONMENTALIST Comments: X 47. The Landscape Architect must indicate on the landscape plan (sheet L-l) the above existing trees that will be preserved, relocated, and removed / mitigated on the site. The Landscape Architect should tabulate and create a table for mitigation of the total caliper inches of existing trees proposed to be removed and show all caliper inches of replacement trees on the landscape plan. A separate symbol should be used on the landscape plan to identify the mitigation trees. _, 't' V ..... ... _.,-_~"~o~~ ",- ~->- .>-- ._~~--~-<_ "-, ''___. -.> H · COA 07/12/04 9 DEPARTMENTS INCLUDE REJECT 48. All shade and palm trees on the Trees and Palms List (sheet L-l) must be X listed in the description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12' -14' to meet the 3" caliper requirement; or the 4.5' -5', 5'-6', 6'-9', and 8'- 10' clear trunk; or 6' -7' gray wood specifications (Chapter 7.5, Article II Sec. 5.C. 2.). 49. The landscape plans should include a details sheet indicating by a line where X the height, caliper @ DBH, clear trunk, and gray wood area of the shade and palm trees will be measured at time of plantin,:?; and inspection. 50. At the time of permitting, the landscape plan shall provide 50% native species X categorized as follows: shade trees, palm trees, shrubs / groundcover plantin,:?;s (Chapter 7.5, Article II, Section 5.P). 51. The applicant should show on Sheet L-l an elevation cross-section detail of X the actual heights of the proposed landscape trees and vegetation at the time of planting that will (proper scale) visually buffer the proposed buildings from the Boynton Beach Boulevard, Federal Highway, and NE 4th Street riJ:?;hts-of-ways. 52. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Section 5 .A.). 53. Turf areas are limited in size. Landscape (bedding plants) areas should be X designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (REZN 04-002). 55. Abandonment and rededication of easements must be recorded prior to X issuance of a building permit for the proiect. 56. Approval of this project is contingent upon the approval of the corresponding X request for a height exception for any portion of the structure that exceeds 150 feet in heiJilit ffiTEX 04-002). 57. The height of the buildings proposed along Federal Highway must be X increased to 35 feet to comply with the MU-H zoning district. Revise plans to comply. COA 07il2/04 10 DEPARTMENTS INCLUDE REJECT 58. The Mixed Use-Core land use classification allows up to 80 dwelling units X per acre. The number of dwelling units proposed on the site plan is contingent upon the acquisition of a small piece of property located at the northeast comer of the site (owned by the City of Boynton Beach). Approval of the project is therefore, contingent upon the City Commissioner's approval to swap said referenced parcel in exchange for the +/- 22-foot wide easement sought by the City of Boynton Beach. Provide a survey and legal description of subject parcel. 59. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building pennit. Currently, the project has school concurrency for 317 dwelling units but proposes 318 dwelling units. 60. The proposed uses and building areas must match between the site plan and X the traffic impact analysis. No building pennits will be issued until approved by the Palm Beach County Traffic Division. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Perfonnance Standards Ordinance. 61. The project's tabular data indicates that 3,000 square feet of restaurant is X proposed, however, it is not shown graphically on the site plan. At the time of pennitting, graphically show the location of the restaurant space on the site plan (sheet A.I). Also, revise data to accurately reflect allowable and proposed lot coverage. 62. Approval of this project is contingent upon the approval on the Urban X Parking Requirements code revision proposed because it does not comply with current code. 63. On the site plan and floor plans, ensure that the number of parking spaces in X each row and its respective label correspond with each other. 64. On the site plan (sheet A.I), in a dashed line, show the limits of all proposed X cantilever awnings and make sure that their placement corresponds with the awnings shown on the elevations. Also, the awning colors shall be approved by staff at the time of pennitting. 65. The placement of landscape material outside the subject property's boundary X lines (and within the rights-of-way) is subject to the Engineering Division of Public Work's review and approval. Also, the Florida Department of Transportation must approve any landscape material within the U.S. 1 right- of-way. 66. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree \vith blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic confonnity. Signatures trees include Yellow Elder, Tibouchina Granulosa, ~.....---_..__-:_....._-,,-~-,-~. __"··_·c~··._ ----- ---. --~'.-..-. -<----~-~-~~. · COA 07/12/04 11 DEPARTMENTS INCLUDE REJECT and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees (Chapter 7.5, Article 2, Section S.N.). 67. Place a note on the landscape plan indicating that mulch other than Cypress X shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section S.C.8.). 68. All project signage is subject to review and approval of the Community X Redevelopment Agency (CRA). On the elevations, indicate the cumulative area of all wall signage to ensure that it complies with Chapter 21, Article 4, Section C.). In addition, indicate the sign type, letter colors, and sign material. Staff recommends using a sign program for the entire project. Future signage such as in a sign program would still require review and approval of the CRA and City Commission. 69. The landscape plan (sheet L1 of2) graphically shows a "Sign Fountain". Are X any ftee standing monument signs proposed? If so, the maximum allowable signage area of the monument sign is five (5) feet tall and 40 square feet on each side. On the elevations, clearly identify proposed sign area and show the site address at the top of the monument sign (Chapter 21, Article 4, Section S.B.). 70. Place a note on the site plan that no screened roof / solid-roof enclosures X (outside the building footprint) are allowed. 71. The sidewalk along Federal Highway is required to be ten (10) feet in width X and should contain trees and tree grates within the paver brick design to provide an urban streetscape. 72. At the time of permitting, delineate on the parking garage plans, the X separation between public and private parking. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 73. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments; 74. To be determined. ~ MWR/elj S:\Planning\SHARED\ WP\PROJECfS\Promenade\NWSP 04-OO9\COA.doc 1- ~... f' Or ...1-lINING 8 1 4" OIA. EXHIBIT wDw RECEPTAClE AND UGHTING CIRCUITS. . SIZE PER PLANS N ~ER LOCATION "- NG DIMENSIONS -- llLUNG HOLES I") MOUNTS ..r TYPE ~SA ~ 1 1/2"PVC (SOUND SYSTEM) ,- PLA TE: ---- 24 J/8" .1 NOTE: THIS ANCHOR PLATE ACCEPTS 28"X60" A BOLT CIRCLE fROM 11 3/4" BANNER SINGlE BANNER ARM @ 1J" OIA. (BY OTHERS) - lUMEC IBAS28 POLE BASE '. (561) 64-1-5301 0 - CAST ALUMINUM BALL PLAN VIEW I - COLOR:COLTX to .... SCALE: NONE - - SINGLE BREAK AWAY BANNER ARM - LUMEC I8ABS28 . (561) 641-5301 0 - CAST ALUMINUM BALL I - COLOR: COL TX ¡.... - 4" OIA. flUTED POLE .125 WALL THICKNESS 6061-T6 SlRUClURAL- 3 GRADE ALUMINUM. (POLE YÆ:LDEO FOR SINGLE UNIT CONS1RUCTION) 4- ANCHOR BOLTS - 3/4" X 32" \\11M 6" HOOK (GALVANIZED) STAllON AND OFFSET rT. ANISHED SEE SHEETS C14- &: C15 GRADE 2'-1 .¡e".x10·-0" 7'-0" RIVEN QPPERWELD ROUND ROD. J/4" X 10'-0" COPPER CLAD GROUND ROD _ _ AWG-BOND I~ - POLE FE "SA" LIGHT POLE 'JETAIL GD TYPE "S8' SCALE: NONE £8 36" LP1 I J OUTL PROF SOW pnw<: .--- ---,..,.......-.-,,--...-- --.----" _, _.~.._:_<_>~~-~..~-. ..__,,~.' _~_-_""'_._~___._~_.~~.~..h DEVELOPMEf\JT ORDER OF THE CITY COMMISS'''t..j OF THE cr. . OF BOYNTON BEACH, FLORIDJ... PROJECT NAME: The Promenade Development ,,1 Su\lcS\ng Eng\neer\IIQ APPLICANT'S AGENT: Mr. Michael Weiner I Weiner & Aronson, P.A. ~:~ùt;C~~;·c,'. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 -----==== DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20,2004 TYPE OF RELIEF SOUGHT: Request a 17 -foot height exception for a mixed-use project on a 3.975- acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard 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 Community Redevelopment Agency 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 X- HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby 15- 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- S,\PlanningISHAREDI WP'.PROJECfS\Promenade\HTEX\DO.OOc PR~.J1ENADE LOCATIO"- MAP ExJa:h."T "A 'I CBO HE 4TH AVE C-4 CBO I.Wi _..._._..._._--~._..__.__._.... ._..._.._--_.__..~_..._--......_. ..---..----.-.--.-........ .~r_"'_:""""_:....,,,:=;,,:;:"'::"',::,,::::,,,, ..- .--......-...-....-....-.....-... .,"~- ::;:::,--.::..:"--,"'::::,:::,,,,,"", o CB CBO BOYNTON BEACH BLVD ; leBO I I CBO ~ CBO MX-H n -I N w.' S ~ 5.2.,. 100 200 300 40~eet _ '!'~_ .... r - ... __~__...-~-___ . _¿_·.__..__M______·_....._"_____,_~ - .¿--' _"."' ."n." _._~__~~___ ,_~~__<._~ _ -__._ ."". -., - ___"~~___--",,,~o-~' ~~~-, ~ ~~--...-f.' . . . . . . . l n EXHIBIT "B" Ff I!~ :~ ~j!! ;¡¡.... ~~ ¡;.... ~i ~~ ~I .~ ~~ ~ ~B )Ø ... I~ I I ., I I rV I r I I I ~ 1 > , I ~ I ~ I Þ--C I > I ~ I I ~ I t'!j rn ~ ~ t-' t%j -< >- I ~ ....... 0 Z I I I ( I I I , EXHIBIT "C" Conditions of Approval Project name: The Promenade File number: HTEX 04-002 Reference: Elevations dated June 22. 2004 I DEPARTMENTS INCLUDE I REJECT I I Comments: None PUBLIC WORKS I I X I Comments: None UTILITIES I X I Comments: None FIRE I I X I Comments: None POLICE I I X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: l. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: ~ ____>O-~_-'..___..",-___~-, _~""__~~""'_""'."""---__~_~"""'_--«---'~"~_" -"" __ ~__.......__._,~~v > -_.-- -- <--'"---' .._-~-~_.;.-. Page 2 The Promenade File No.: HTEX 04-002 I DEPARTMENTS [ INCLUDE I REJECT I 12. To be determined. I I I S, IPlanninglSHAREDi WPIPROJECTSlPromenade\HTEXlCOA.doc EXHIBIT "Otl WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North SWinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER OF COUNSEL: CAROLEJ.ARONSON ROBERT MARC SCHWARTZ, P.A. JASON S. MANKOFF Aorida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS LLM. (In Taxation) April 28, 2004 Mr. Mike Rumpf Via Hand Delivery Director and Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Height Exception Request Our File No.: BWIAOO2 Dear Mike: Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for a Height Exception for 17 feet as depicted in our site plan being submitted simultaneously to the City. The proposed building is fourteen (14) stories, which normally would not be over 150 feet in height. However, so that the building remains aesthetically attractive, there are certain mechanical functions and design elements that exceed150 feet in height. Section 4 (F) (3) lists several items to be answered by an applicant for a height exception. The responses are as follows: (a) Whether the height exception will have an adverse effect on the existing and proposed land use. Answer: The requested height exception will not have an adverse effect on the existing and proposed land uses since the proposed building is only slightly higher than permitted by the Mixed Use (High Intensity) Zoning District, which allows for a height of 150 feet. (b) Whether the height exception is necessary. Answer: The height exception is necessary to hide mechanical equipment, elevator shafts and stair shafts. In addition, the roof treatment provides articulation to give the buildings a more desirable aesthetic appearance. (c) Whether the heiaht exception will severely reduce light and air in adlacent _~.~.~,.,.~__~_,~ __~_<-'.___,__._ .~__~.__~_~___. ~_",~_,s._""o_ -_ -+-...---~""~..~--~- ~,-----"--,..---..-.--~-- -- ~---~ .....- -~--~-- Mr. Michael Rumpf April 28, 2004 Page 2 areas. Answer: The requested height exceptions will not severely reduce the light and air in adjacent areas. The property is bordered by Boynton Beach Blvd. and Federal Highway and the Intracoastal waterway, which is open. (d) Whether the height exception will be a deterrent to the ImDrovement or development of adiacent prooerty in accord with existing re9ulatlons. Answer: The requested height exception will not be a deterrent to the improvement or development of adjacent property within the Mixed Use (High Intensity) Zoning District. To the contrary, the project will act as a catalyst for the redevelopment of other properties in the adjacent area. (e) Whether the heiaht exception will adversely affect property values In adjacent areas. Answer: Not only will the requested height exception not adversely affect property values in adjacent areas, it will serve to increase surrounding property values, and act as a catalyst to improving property values in the area. (f) Whetherthe helaht eXèeDtlon will adversely Influence IIvina conditions in the neighborhood. Answer: The requested height exception will not adversely influence living conditions in the neighborhood. The additional height will provide for a more aesthetically pleasing view and neighborhood appearance, compatible with the surrounding area. (g) Whether the hel9ht exceDtlon will constitute a grant of a sDeclal Drivilege to an Individual owner as contrasted with the pubic welfare. Answer: The requested height exception will not constitute a grant of special privilege, particularly since without the height exception and the enhanced architectural features, the appearance would not provide for as much "architectural" variety. Past projects have received approval for this height exception and future developments within the Mixed Use (High Intensity) District will have the right to apply for such exceptions. (h) Whether sufficient evidence has been presented to lustity the need for a height exceDtlon. Answer: Forthe reasons set forth herein, sufficient evidence has been presented to justify the need for the requested height exception for the functional, mechanical, and architectural features of the project. Mr. Michael Rumpf April 28, 2004 Page 3 Please also see the attached architect's letter concerning this Height Exception Request. Please let me know if you would like us to provide any other additional information. JSM:vf O:\BWIAOO2\Fonn Ietter.ApriI19.wpd ,,-,"~--'-., - --~-~-...----,"-~-..- ~--------- ------.__.""'"..--....~.--~-_.~- _ ____-'-__..,.~~_-'-'--<-=-_'_'_ ~,-_____, _ ._~~_ .__ _on ___,. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building PROJECT NAME: Waterside Engineering Oce. License Deputy City Clerk APPLICANT'S AGENT: Mr. Carlos Sallbe / Keith & Sallbe, Incorporated APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 113 townhouses on a 7.29- acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of South Federal Highway, south of Palmer Road and north of Chukker 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 Community Redevelopment Agency 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 Ap~t ~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 .......-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: S:\Planning\SHARED\WP\PROJECTS\Süuthem Horres ofPahn Beach\Waterside\NW WATERSIDE: LOCATION MAP EXHIBIT A - LEGEND N . . . 100 so Il1O_ W+B ..... City Boundary Futu... Land Uses: B LRC . Local Retail Commercial . .. . EXHIBIT "B" '. li=lllili~!'¡iiii:1 j~II'I¡~'al;;!I~!Ø: m.... 51!~ i a¡¡¡-!l" ~ ¡I~H¡I~I ,II ! :1 ; IIII! I II" ~ I: I ! 11 ! f ~ I ~~i! I i!1 i! m = ' : ø~l!a= ~I R ¡ . luilB ~ ¡ i I I .~ I I t I ~ !III !!, '1 !i!lil ~~ I I:!I Ii i!IU~ \q, ~i;¡ Ii Iii( d=I~1 ?~" I ~.al . 8, Ji 1i1 \ '- liU~ II I~ IS~¡ ~ ~ I!¡ II II aŠ!~ ~ ~ lIal-:! II ~i:¡ ~ ~ ! IJ ~ i ~~i; \ .. I ! Q .' 5 ~ ~alil~ I> _ I Q~ II 1\ !I~ ~ 11111 æ ~ a ! 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FLORIDA .13435 MI': _...... ....! 1 "0 EXH/8JT "B" ..-.- I I ~ ! ! ~ - ! ~ - I ~ ! - ! ! - - ~ ~ - ~ ! ! ! , I n 1 ) ) ~ ~m n 1 ) lU I~~ I.:. .~ I~~ ~-< 0:1 C c 6 68888 a . 6 '1 Ž ¡pUI j II I II ~ Ž jl I I!Þ ! 0 II II n 0 ¡I "Ii i Iii I :00 ¡IUB liÞ II IE ;g II i Þ ¡- ~ 0 I II ~ I I 'I . BluU z . I II ~ . ! -c Ui¡ ....I . '" I. ø a ~ I ::! 0 ill I ::! ! z 0 z ::E B ::E I Q¡ Q¡ I I n nD WATERSIDE - ~HIi 0. .:.;: : .-.. .. _....Of ~i - ¡ .01 MAl 1MQf.&&C i IU'; ~ I . SOUTHERN HOMES --......- ....a. ~ -- : if: I c 0- JIOI S. 'IDltAL HICHWAV --- IIHOMII....... I!! F -,;¡ IOYTON IIACH. 'LORID" J34'S MX:_.... .. . EXHIBIT "S" ., - ~ j H1 i I 8: B I i " ~" I i I i I :12 ~ , H~ ~m ~~ ~~ = = c c 6 BEI.BEI EI ~ " 6 " z ~pu i III d lþ ~ Z illl I Þ ~I 0 ;' III II 0 ;' II ~ I !il V> i'UH Þ i£ V> , II. Þ i õ Õ III ~ £ m uhlU .~ 'J m . "II ~ .. I m Uil .: , !þ ii ~ f- ,., !I " . ::t ::t 0 II ~ I 0 z z V> I z 0 0 ~ ~ 1] DD WATERSIDE - . fun on =: ~ ~ =::..~.. - - . ;; ¡ '0' j nli~ ;; I . 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E I h II I I I (I.! I Il . r¡; I I CLUBHOUSE 11 nD WATERSIDE - ""'011 .. . ~-:I> .. .......MIMI.,. I ¡i!:~ ~ .... - - - . PAlM IMCH. w: - - '00 N; ~i , ¡ ..sw..... ... SOUTHERN HOMES -- 0- 2505 S. fEDERAL HICHWAY --- .....1- .... IOYTON .EACH, 'LO.,DA .)3"'.5 MK:lIIIt ...... .. . ., " EXHIBIT "B" B -n ;0 0 Z -4 m r- § Õ z .... ~ ~ J ¡¡~n n ~ I ~ !~ I II'" II I ,I '" it !~ 1r~ 'Ø~ I. II It I I-- ",0 II \"> ~ 1!::..., !r~ ~ Ufn Ii it II H~ ...,::J..,¡ ~r !r 1r' >t'Jt'J . UUi ,...c;C; ,6 ~~ ¡¡ ~ f?- ä ~ ~ .I: I-- £,."" ~ . I~ §~§ ~ , II "" ~ ~ I ,I r I ~ s¡ ... .. ... .. --.. t . ~ 00'" ; ~ z"'~ .. B; H'·.I ",0 ~ D I-- z"'¡ ""t . . . . Z~ , at d IJ ! II "..,¡ .i nln t'J t::I . 'I 'I . 'I . " " ".. I I i I " - ;0 I ~ . ..., ~ ! I 0 II I ~ ;0 m . ¡;;j r- I ~ " ~ I I t'J Z õ II ~ t::I Z ~ I .... ~ . I@ CLUBHOUSE ]] DD WATERSIDE - .... 011 .. '"' .. ....-..... Of : 'íp! ~ .-.. - - - . .0. IWM~'UC ~: ~i ~ SOUTHERN HOMES _ Dr....,.. i ªH!; 0 -- : ;¡; í c ....I. : 2505 S. 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"(1 J JJJ J I . ~ . !! ! ¡¡ I ! ~ '! ~ I _ - I æ Ilm~ 1=1.~IDB ' PIANl1NßßAN IIIIIIIJ'U'O EXHIBIT "C" Conditions of Approval Project name: Waterside File number: NWSP 04-003 Reference: 2nd review plans identified as a New Site Plan with a June 15,2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: l. Provide a minimum turning radius of 30 feet (measured at the edge of X pavement of the Palmer Road terminus) in order to allow for Solid Waste truck turning movements. PUBLIC WORKS - Traffic Comments: 2. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. 3. The proposed project will serve Palmer Road on the north side of the X development. Additional right-of-way may be required to accommodate the required street termination. ENGINEERING DIVISION Comments: 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Please note that changes or revisions to these plans may generate X additional 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. 6. Permits from the Florida DOT will be required for all work within the X Federal Hwy. right-of-way. 7. Permits from FDEP, COE, and FIND may be required for work within X the Intracoastal Waterway. 8. Fill and/or dredging permits may be required from the City for work X within the finger canal. 9. Show all existing utilities on Site Development plan (Chapter 4, Section X 7.A.3). COA 07/12/04 2 DEPARTMENTS INCLUDE REJECT 10. Indicate, by note on the Landscape Plan, that within the sight triangles X there shall be an unobstructed cross-visibility at a level between two and one-half (2~) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5 .H.). 11. Full drainage plans, including drainage calculations, in accordance with X the Chapter 6, Article IV, Section 5. of the Land Development Regulations will be required at the time of permitting. 12. Prior to issuance of a Land Development Permit provide a copy of the X homeowners association documents for review and approval. 13. All engineering construction details shall be in accordance with the X 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: 14. Provide the cumulative effects of the sanitary sewer loading from the X Bayfront, Oceanside, and Waterside developments on the lift station at Turner Road. 15. All utility easements shall be shown on the site plan and landscape plans X (as 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 rights-of-way. 16. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 17. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 18. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The COA 07/12/04 3 DEPARTMENTS INCLUDE REJECT 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 Land Development permit for this project shall not be issued until this X Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 21. All utility construction details shall be in accordance with the Utilities X 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: 22. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. 23. A Knox Entry system will be required at the auxiliary north entry gate to X the development. POLICE Comments: None X BUILDING DIVISION Comments: 24. Please note that changes or revisions to these plans may generate X additional 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. 25. 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 COA 07/12/04 4 DEPARTMENTS INCLUDE REJECT 2001 FBC. 26. Place a note on the elevation view drawings indicating that the exterior X wall 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. 27. Every exterior wall within 15 feet of a property line shall be equipped X with approved opening protectives per 2001 FBC, Section 705.1.1.2. 28. 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. 29. 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 (pst) on the plans for the building design. X 30.Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. 31. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 32. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 33. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 34. As required by the CBBCO, Part III titled "Land Development X Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/so 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. COA 07/12/04 5 DEPARTMENTS INCLUDE REJECT 35. To properly determine the impact fees that will be assessed for the two- X story pool/clubhouse/recreation building, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 36. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X may not, therefore, be used for landscape irrigation where other sources are readily available. 37. 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. 38. 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) 39. At time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or COA 07/12/04 6 DEPARTMENTS INCLUDE REJECT tract. The recorded deed shall be submitted at time of permit review. 40. 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 Comission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f) 41. Pursuant to approval by the City Commission and all other outside X agencies, 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. 42. 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. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 43. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: · Common area covered walkways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not part of a unit); · Garages (not part of a unit); · Elevator room; · Electrical room; · Mechanical room; · Trash room; · Mailbox pickup and delivery area; and · Any other area under roof. COA 07/12/04 7 DEPARTMENTS INCLUDE REJECT (Chapter 4 - Site Plan Review, Section 7.E.2 and 3). 44. Submit typical construction details of the docks for review. Docks shall X not project into the waterway by more than 25% of the waterway width. Clearly show the distance (width) of the canal per CBBCO #03-048 (see attached). 45. Site-specific engineering shall be submitted for the docks and pilings at X the time of building permit submittal. The information shall include, but not be limited to: · Wind load (140 mph) · Lateral load · Live and dead loads · Approval from other regulator agencies (e.g. Dep1. of Environmental Protection, Army Corp. of Engineers, L WDD, etc.). PARKS AND RECREATION Comments: 46. Recreation Facilities Impact Fee - the plans show 115 single-family X attached units. Based on the formula the fee is calculated to be: 113 single family attached units x $ 771 each = $ 87,123. FORESTER/ENVIRONMENT ALIST 47. The Landscape Architect should identify by species and indicate the X caliper inches of all of the 59 existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed I replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet P-l. 48. All shade and palm trees on the Plant List must be listed in the X description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12'- 14' to meet the 3" caliper requirement, or the 5', and 6' C.1. specification (Chapter 7.5, Article II Sec. 5.C. 2.). 49. The details section for the Shrub Planting should include a line indicating X where the height and spread of the plant will be measured at time planting and inspection. COA 07/12/04 8 DEPARTMENTS INCLUDE REJECT 50. The applicant should show an elevation cross-section detail on the X landscape plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the 3 proposed 3-story buildings from the heights of 14'-42' along the South Federal Highway road right-of-way. 51. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. 52. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article II Sec. 5A.). 53. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this site plan is contingent upon the accompanying request X for annexation (ANEX 04-002). This includes the proposed project density. Include a note regarding ANEX 04-002 in the site plan tabular data (sheet SP2 of 2). 55. The survey indicates that the project acreage is 7.2928 acres (317,676 X square feet). This land area should be indicated as such in the site plan tabular data (sheet SP2 of 2) and all affected site data (i.e. dwelling units per acre) should be revised accordingly. 56. The height of the decorative cupola of the clubhouse building exceeds the X height limitation of the IPUD zoning district. The applicant has requested a height exception (HTEX 04-003). No building permits shall be issued for the clubhouse unless the decorative cupola is removed or the height exception is approved. 57. At the time of permitting, submit elevations and their corresponding floor X plans for the three (3), four (4), five (5), six (6), eight (8), and nine (9)- unit buildings. These elevations should resemble the submitted project's elevations in terms of their detail, accent feature, and overall architectural style. 58. An improvement to Palmer Road may be required. The Engineering X Division of Public Works will determine the extent of its improvement. 59. The proposed docks will require approval from the U.S. Army Corps of X Engineers. COA 07/12/04 9 DEPARTMENTS INCLUDE REJECT 60. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan (sheet L3 of 3), indicate the total quantities for all proposed native plant material. 61. Provide a detail of the security gate proposed at the project entrances. X Include the dimensions, material, and color (Chapter 4, Section 7.D.). 62. The detail of the proposed buffer wall should indicate the color(s) X (Chapter 4, Section 7.D.). Staff recommends that the wall color be the same or similar to the building color(s) - Jute Brown, Vanillin, Colonial Yellow. 63. Include a color rendering of all elevations prior to the Technical Review X Committee meeting (Chapter 4, Section 7.D.2.). 64. A trellis, rockscape, and lagoon are shown on the landscape plan (sheet P- X 1) but not on the site plan (sheet SPl of 2). These two (2) plans should correspond with each other. 65. The subdivision wall sign(s) may not exceed 32 square feet in area X (Chapter 21, Article IV, Section l.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable material) and bronze in color. 66. The project's color palette consists of the following Sherwin Williams X paints: Jute Brown #6096, Honied White #7106, Inviting Ivory #6372, Corona #7121, and Banana Cream #6673. The conceptual entrance elevations do not indicate colors. Staff recommends that the building colors and the entrance features do not substantially deviate from the above referenced colors. 67. Staff recommends installing additional groundcover plants throughout the X entire project, in particular, within the landscape buffer along Federal Highway. For example, the landscape buffer along U.S. 1 should have two (2) layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. A decorative site wall (3 feet in height) would be a nice alternative to a continuous hedge in order to separate the front yard from the public space. If a hedge is used, it shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip to tip spacing immediately after planting. Also, it would be good to have additional groundcover plantings around and adorning the stairs of the units abutting Federal Highway. Where possible, the plant materials should be drought tolerant and coordinated with the City Forester. COA 07/12/04 10 DEPARTMENTS INCLUDE REJECT 68. Staff recommends adding more accents to the sides of elevations of the X entry buildings (proposed along Federal Highway). Accents could include faux windows, score lines, and medallions. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 69. To be determined. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 70. To be determined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Waterside\NWSP 04-003\COA.doc