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Minutes 08-03-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 3, 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Sam Goren, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Vice Mayor Mike Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. and offered the invocation. Vice Mayor Ferguson led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ferguson announced that Item VllI.B under Public Hearings would remain on the table. Mr. Bressner requested that the item be tabled to a date certain and suggested September 7, 2004 so that the staff report would be available for that meeting. 2. Adoption Motion Commissioner McCray moved to approve the agenda. Motion seconded by Vice Mayor Ferguson and unanimously carried II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray commended the following persons for their participation in the Wilson Summer Camp Program: Supervisor Brett Rolle, staff Leon Brown, Tremaine Johnson, and Alicia Aikens. Commissioner McCray's six-year old nephew attended the camp and he was very impressed with the Summer Camp Program. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Commissioner McCray also commended the staff at the Wilson Pool, Rodney Dobard and Chad Grover, and extended a big thank you to the City and its Recreation Department. Commissioner McCray also announced that a meeting was held in his District yesterday afternoon and noted that there were several City employees that attended and assisted with getting a problem resolved. At that meeting a viable solution was found and Commissioner McCray thanked City Manager Kurt Bressner and the entire staff of the City. II1. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: "Florida Water, Wastewater, and Systems Operators Week" - August 16-20, 2004 Mayor Taylor read the Proclamation declaring August 16-20, 2004 as Florida Water, Wastewater and Systems Operators Week. Presentation of $1 million ceremonial check for Wilson Center Improvements by Commissioner Addle Greene Postponed until the arrival of Commissioner Addle Greene at approximately 7:00 p.m. Commissioner Addle Greene arrived at 7:10 p.m. for the presentation. Mayor Taylor and Commissioner McCray accepted the $1 million ceremonial check from Commissioner Addle Greene. Mayor Taylor thanked Commissioner Greene for her generous donation of $1 million from her funds that would be used for the Wilson Center Improvements. Commissioner Greene noted that she attended a meeting in Lake Worth last night and that community is desirous of having a cultural center to combat the gang violence occurring in their community. Commissioner Greene urged the City to support her ordinance to introduce an 11:00 curfew for 16 year olds and under. Mayor Taylor noted that it was Commissioner McCray who contacted Commissioner Addle Greene for assistance with the funding of the Wilson Center. Mayor Taylor thanked Commissioner McCray for his efforts on behalf of the entire City. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Commissioner McCray stated that great things are happening in District 2 and that Boynton Beach is the greatest place for all citizens to live. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, resident of Quail Run, Boynton Beach, thanked the Commission for voting against construction of the towers that Florida Power & Light wanted to locate throughout the City. Mr. Suss presented photos to the Commission. He determined that construction of the power lines would be very costly. He also pointed out the possible health issues associated with high power lines. Mr. Suss also complimented Public Works Department employee, George Mantell, for a job well done for his community. Ms. Suss gave out his report card and the entire Commission received straight A's. Ms. Suss noted how lucky the residents were to have a wonderful Golf Course and the staff keeps it in great condition. He would like to see more people from Boynton Beach obtaining permits to play golf. Next to the Golf Course, Mr. Suss noted that the City has a wonderful Library that is available to all the citizens. Alice Shook, 1719 Wood Fern Drive, Boynton Beach, spoke about gang related incidents and noted that the City of Boynton Beach was not listed when certain communities were identified as having gangs. She would like to know if there is a source available in the City that maintains records of gang-related incidents. Citizens should be made aware if there are any gang activities taking place in the City. Ms. Shook spoke about the problems that CityPlace is having with its movie theater and noted that a multi-plex theater would be locating in the Macy's store. She felt that this movie theater would bring problems to the City and requested that the City revisit all the urbanization that is taking place in the City. Ms. Shook inquired if the City offered free swimming lessons to children. She felt that offering swimming would be very helpful in teaching small children to swim to avoid drownings. Mayor Taylor recommended that Ms. Shook speak with the Police Department regarding the information she requested. He referred her to the Recreation and Parks Department to determine what swimming programs are offered. Warren Timm, 130 NE 26th Avenue, Village Royale on the Green, noted that there is a new group called the City of Boynton Association of Communities that has been organized to work with the City to make Boynton Beach a place for everyone to be proud of. Their 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 mission is to exchange information between the City and the community in order to make Boynton Beach a better place for everyone. Mayor Taylor wished the organization much success and looked forward to their input. Mike Mrotek, 2624 Lake Drive North, requested to read into the record some of the provisions of City Ordinance No. 78-27. He also referred to a memorandum from the Lakeside Gardens Property Owners dated August 1, 2004 to City Attorney James Cherof. Mayor Taylor informed the speaker that the Commission members were in possession of the memorandum and recommended that it be entered into the record, rather than reviewing it in its entirety. Mr. Mrotek agreed to this. Copies of both documents were furnished to the Recording Secretary for inclusion with the records of the meeting. Mr. Mrotek inquired if the abandonment issue was in fact tabled until the September 3, 2004 meeting. Mr. Bressner stated that September 7th would be the first Commission Meeting in September. Mr. Mrotek pointed out that the Ordinance requires that the City had 30 days to respond and questioned why it is now over 100 days and there has been no action at this time. Mayor Taylor noted that the City is looking into the issue to determine the ownership of the land in question. Mayor Taylor called for a motion that the memorandum be entered into the record. Motion Commissioner McCray moved to enter the memorandum into the record. Motion seconded by Commissioner McKoy and unanimously carried. Since no one else wished to speak, the public audience was closed. V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (2) I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (2) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr IV McKoy Cemetery Board Alt term to 4/07Tabled (3) term to 4/07Tabled (3) term to 4/05Tabled (3) term to 4/05Tabled (3) 1 yr term to 4/05Tabled (2) MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 II McCray III Ferguson Code Compliance Board Code Compliance Board Alt Alt 1 yr term to 4/05 Tabled (2) 1 yr term to 4/05 III Ferguson IV McKoy Mayor Taylor Ensler II McCray III Ferguson Education Advisory Board Alt Education Advisory Board Reg Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Stu Education Advisory Board Stu 1 yr term to 4/05Tabled (2) 2 yr term to 4/06Tabled (2) 2 yr term to 4/06Tabled (2) 1 yr term to 4/05Tabled (2) 1 yr term to 4/05Tabled (2) 1 yr term to 4/05 Mayor Taylor Planning & Development Alt lyf term to 4/05 IV McKoy Senior Advisory Board Alt 1 yr term to 4/05Tabled (2) Mayor Taylor appointed Shirley Jaskiewicz as an Alternate Member of the Planning and Development Board. Motion Commissioner Ensler moved to approve the appointment. Motion seconded by Commissioner McKoy and unanimously carried. All other appointments were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. 5. Agenda Preview Conference - July 2, 2004 Special City Commission Budget Meeting - July 13, 2004 Special City Commission Budget Meeting - July 14, 2004 Agenda Preview Conference - July 16, 2004 Regular City Commission Meeting - July 20, 2004 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "ANNUAL PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", BID #66- 1412-04/JA to various vendors on a "lot to lot" basis with an estimated annual expenditure of $26,000 (Contract Period: 8/3/04 thru 8/2/05) Award the bid for "RE-BID FIVE-YEAR CONTRACT FOR SNACK/COLD FOOD VENDING MACHINES", BID #062-1412- 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3~ 2004 Co 04/CJD to ALL SEASONS SERVICES, INC. of Miramar, Florida (PROPOSED RESOLUTION NO. R04-125) Award "CO-OP BULK QUICKLIME", BID #069-2821-04/JA to CHEMICAL LIME COMPANY, INC. with an estimated expenditure of $136,015 for the City of Boynton Beach Utilities Department Approve the 'SURPLUS COMPUTER EQUIPMENT LIST" (CPUs and various components) as submitted by the Warehouse and allow for the destruction of same Resolutions: Proposed Resolution No. R04-126 Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board action at its meeting on July 15, 2004 as follows: Authorization to establish wastewater user rate to cities for fiscal year 2004/2005 as follows: Operations & Maintenance Reserves TOTAL $0.685/1,000 GAL $0.180/1,000 GAL $0.865/1,000 GAL bo Authorization for acceptance of 2004/2005 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund) Proposed Resolution No. R04-127 Re: Authorizing the Provision of Supplemental Police Services for the Heart of Boynton District and the Central Business District Proposed Resolution No. R04-128 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Barbara Edelman for a 6.95-acre tract of land located at the southwest corner of Coconut Lane and Barwick Road Proposed Resolution No. R04-129 Re: Approving the Rate Changes for the Links at Boynton Beach Golf Course for FY 2004-2005 5. Intentionally left blank o Proposed Resolution No. R04-130 Re: Authorizing the purchase of property owned by Harriett Adderly, located at 116 NW 11th Avenue, for the appraised price of $61,000 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Proposed Resolution No. R04-131 Re: Approving a Task Order proposal with CH2M Hill for the Deep Injection Well at the West Water Treatment Plant as required under the Florida Department of Environmental Protection Operating Permit D. Ratification of Planning & Development Board Action: Non-residential uses in single-family zoning districts (CDRV 04- 008) - Request to amend Chapter 2, Zoning, Section 11, with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts (PROPOSED ORDINANCE NO. 04-061) Item Mayor Taylor removed D.1 from the Consent Agenda for discussion. Boynton Commerce Center Lot 3B (USAP 04-004) - Request use approval for air conditioning installation and repair business with associated truck parking on Lot 3B only E. Ratification of CRA Action: None Fo Return cash bond of $2,970 to Bliss Construction for the project known as High Ridge Country Club Return cash bond of $440 to U-Back, Insulation Contractors, Inc., for the project known as U-Back (offices/warehouse) Return cash bond of $550 to Summers/Perini Construction, Inc., for the project known as The Church of Jesus Christ of Latter-Day Saints Authorize the use of Community Investment Funds in the following amounts: Vice Mayor Ferguson - $5,000 for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center Motion Commissioner McCray moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. Ratification of Planning & Development Board Action: 1. Non-residential uses in single-family zoning districts (CDRV 04- 008) - Request to amend Chapter 2, Zoning, Section 11, with the 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts (PROPOSED ORDINANCE NO. 04-061) Mayor Taylor noted that this item would require two motions. One motion would be for the item as submitted, and the second motion would be for the proposed Ordinance. Attorney Goren stated that the two items had to be segregated since the first item had to be removed from the Consent Agenda and the Ordinance had be read on first reading. Mayor Taylor reported that the Planning and Development Board unanimously approved the item. Commissioner Ensler inquired if both items could be discussed at the same time. Attorney Goren recommended that he be permitted to read the Ordinance to put it on the table for discussion as a matter of public record. Attorney Goren read proposed Ordinance No. 04-061 by title only. Commissioner Ensler noted that in the existing regulations it mentions the single-family zoning districts that include R-l-AAA through R-1. However, the Ordinance only contains R-l-AAA. He was under the impression that those other zoning districts were included in the Ordinance by reference. Also R-2 and R-3 were referenced and he inquired if the Ordinance would also apply to R-2 and R-3. Mike Rumpf, Planning and Zoning Director, stated that it would depend upon the exact wording. Currently the uses allowed in R-l-AAA are also permitted in the R-2 and R-3 zoning districts. Therefore, a change in the base zoning district would impact the other districts. Staff did not intend to restrict the uses in R-2 and R-3. Commissioner Ensler inquired if the uses were restricted to arterial and collector roads. Mr. Rumpf stated that it could happen, but that was not staff's intent. If it did happen, staff would look at the language. If R-2 and R-3 needed some fine-tuning, staff would do that, unless the Commission preferred it that way. Commissioner Ensler had no preference; he was looking for a recommendation. Mr. Rumpf stated it is staff's intent to restrict and to apply the analysis to single-family zoning districts only and not restrict the uses the same way in R-2 and R-3 districts. If the uses were to become conditional in R-l-AAA, they would also become conditional in R-2 and R-3 and adjustments would have to be made to correct this. Commissioner Ensler stated that the motion would have to take that into account. Mr. Rumpf also stated that the Ordinance could be modified prior to second reading. Commissioner Ensler noted that the old ordinance referred to single-family dwellings, including garages and other "customary accessory buildings." When looking up the definition, it was not clear and merely stated incidental or related. Commissioner Ensler asked what an accessory building would be in a single-family residential district. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 If this were old language, Commissioner Ensler felt that now might be the time to fix it prior to the second reading of the Ordinance. Mr. Rumpf stated that if it did not get changed in the second reading, it would be covered in the LDR rewrite. Mr. Rumpf stated that might be a more appropriate time to address this. Commissioner Ensler also noted that disaster shelters were permitted and he could not find a definition of a disaster shelter. Mr. Rumpf responded that if the definition were not included in list of definitions, then there is none. Commissioner Ensler pointed out that in the Ordinance it reads, "distances between outdoor play areas and adjacent single-family homes shall be maximized." He was concerned about this wording and felt that there should be a definition of "maximized." Mr. Rumpf noted that this would be reviewed during the conditional use process and staff would review these items on a case-by-case basis. Commissioner Ensler requested that this be taken into account when the LDR is rewritten. Mr. Rumpf stated that if they came to a minimum standard that was acceptable to everyone, this could be done Mr. Bressner noted that a conditional use permit is dealt with on a case-by-case basis, and he thought the language, as currently written, is designed specifically to allow for discussion to take place during the conditional use process. Therefore, if a person applied for a conditional use permit, it would involve site plan approval that would give staff and the Commission an opportunity to insure that the site plan would fit with adjoining properties. Commissioner Ensler asked if outdoor play areas would be conditional or permitted because it was stated in the Ordinance? Mr. Rumpf referred to paragraph "b" that states, "Churches* and other places of worship* or primary and secondary schools* denotes conditional use requirements. Commissioner Ensler was referring to the uses contained in paragraph "a." Mr. Rumpf stated those uses were not conditional uses. Commissioner Ensler inquired if the uses in paragraph "r' were conditional uses. Mr. Rumpf pointed out that this is not a use; it is a standard. In response to Commissioner Ensler's original question of what is "accessory", there is a definition under "accessory structures, setbacks and applicable regulations" where several things are listed. It could include storage shelters, storage structures, gazebos, etc. These would be customary in a residential setting. It was noted that a second dwelling unit would not be allowed under the code. Commissioner Ensler asked staff for direction on how they should proceed with these items. Mr. Rumpf stated that either this process or the LDR re-write would be acceptable and these detailed and secondary changes would be covered. If there is anything that needs clarification now, it could be incorporated into the Ordinance. Mr. Rumpf stated that there is a more important item that needs to be dealt with that is not included in the Ordinance. There are contrasting staff recommendations that they be conditional uses when placed on a collector roadway and permitted uses when located along an arterial roadway. The Planning and Development Board recommended that they be conditional under both circumstances. Staff recommended that they be limited to parcels fronting on those two classifications of roadways. This is not included in the Ordinance and it must be included. Staff is recommending that these types of uses, i.e. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 churches, schools, daycare, pre-school be limited to parcels with frontage on arterial or collector roadways. Commissioner Ensler inquired if the Commission approved the item as recommended by the Planning and Development Board, then both collectors and arterials would be conditional uses, which is the same as the current Ordinance. Staff recommended that arterial be by right. Commissioner Ensler asked Attorney Goren what would be appropriate. Attorney Goren responded that staff's recommendations relate to several kinds of uses, one of which happens to be churches or religious organizations, daycare facilities and the like. Staff is concerned about recognizing the impact of the Federal statute that applies to zoning activities as they relate to churches that is known as the RLUIPA Act that has been found to be constitutional in the State of Florida and throughout the country. The Planning and Development Board and staff's recommendations cannot be contrary to the Federal statute. As long as it is applied equally to the uses, Attorney Goren did not think that the Federal statute would be violated. It is a policy decision on how this should be applied. Mr. Bressner confirmed that this is a policy choice. The Commission needs to determine whether they are conditional uses on both arterial and collector roadways, which could be done. Commissioner McCray inquired that with regard to the Constitution of the State of Florida, anything that the Commission has already approved, prior to adopting this ordinance, would be grandfathered. Attorney Goren responded that this Ordinance would apply to future applications only. Mayor Taylor opened the public hearing and Attorney Goren administered the oath to all persons who would be testifying. Klm McGow, 945 La Grace Circle, Boynton Beach, thanked staff for their careful and thoughtful consideration of their recommendations. Ms. McGow resides in Costa Bella and deep within her neighborhood is a vacant 21/2-acre parcel of land. Residents in her area are concerned that under the current zoning rules the land could be developed inconsistent with their neighborhood. Years ago churches and schools used to serve the immediate residents. However, today it is not unusual for schools and churches to serve larger geographic areas and provide a range of services, programs and classes that take place throughout the week. As a result, these facilities produce greater traffic in the neighborhood on a daily basis. Ms. McGow presented a petition in favor of the Ordinance. The petition was presented to the Recording Secretary for inclusion with the records of the meeting. Mayor Taylor closed the public hearing and called for a motion on Item VI. D.1. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Motion Commissioner Ensler moved to approve with the amendments requested by the Community Redevelopment Agency and the Planning and Development Board. Motion seconded by Vice Mayor Ferguson and unanimously carried. With regard to proposed Ordinance No. 04-061, Attorney Goren noted that the Ordinance was read and testimony had been given. Staff has made a presentation and noted that there may have to be a tweak or two between now and second reading. The Ordinance is now on the table for consideration. Motion Commissioner Ensler moved to approve proposed Ordinance No. 04-061. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Florida Collision (POSTPONED UNTIL 8/3/04 A TAPPLICANT'S REQUEST) Agent: Carl Casio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3rd Street Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) Request to rezone from General Commercial District (C- 4) to Industrial District (M-l) Proposed Use: Auto Body Repair, Storage and Towing Motion Commissioner McCray moved to remove the item from the table. Motion seconded by Vice Mayor Ferguson and unanimously carried. Attorney Goren administered the oath to all persons that would be testifying. Carl Cascio, representing the applicant, stated that they submitted an application to amend the Comprehensive Land Use to change the use from general commercial to industrial and to rezone from C-4 to M-I. They would like to have all properties that are contiguous to have the same land use and zoning. The changes would be in conformance 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 with the changes that have already been adopted by the City and meets the City's desire to change some of the zoning to M-1. Hannah Matras, Planner, presented the item on behalf of staff. Ms. Matras pointed out that the request was consistent with the Heart of Boynton Community Redevelopment Plan and staff recommends approval. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner McKoy and unanimously carried. Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY 20, 2004) Project: Agent: Owner: Location: Description: Boynton Beach Memorial Chapel (COUS 04-003) Richard Wensing, Richard Wensing Architects & Planners, P.A. Stormet Norem Boynton Beach Chapel, Ltd. 800 West Boynton Beach Boulevard Request for conditional use/major site plan modification approval for a 773 square foot building addition to an existing funeral home on a 1.21-acre parcel in a C-2 Attorney Goren administered the oath to all persons who would be testifying. Stormet Norem, 5720 Old Ocean Boulevard, Ocean Ridge, assumed the podium. Mr. Norem had nothing further to add and reported that staff was very helpful in bringing this item forward. Mayor Taylor asked the applicant if he agreed to all conditions of approval and Mr. Norem stated the he was. Staff had nothing further to report. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Commissioner McCray pointed out that the applicant had met with the residents in the area and they are in agreement with the building expansion. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. Do Project: Agent: Owner: Location Description: Renaissance Commons Phase IV (COUS 04-004) James Comparato & Carl E. Klepper, Jr. Compson Associates of Boynton II, LLC 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 Canal Request conditional use/new site plan approval for the construction of a six (6) story, 328-unit condominium building 70 feet in height and 70 townhouse units on an 18.184-acre portion of the 86-acre parcel known as Renaissance Commons Attorney Goren administered the oath to all persons who would be testifying. Jim Comparato, of Compson Associates, assumed the podium. He pointed out that they would be presenting two projects. The first is condominiums of five and six stories to a maximum height of 75,' consisting of 328 one, two and three bedroom units. The second project is a townhouse project consisting of 70 two and three bedroom units. Mr. Comparato referred to the site plan. There will be a parkway leading into the site from Gateway, which provides access to the site. It is a divided parkway with two lanes each way. Eight hundred live Oak trees would be planted down the center of parkway. Villa Lago is the 328-unit site and faces the lake to the back and the parkway to the front. The largest and tallest of the buildings are located in the center of the property and lower heights surround the property. Mr. Comparato agreed with all staff conditions. Eric Johnson, Planner, reported that staff reviewed phases 4 and 5 against the standards for evaluating conditional uses and found them to be in compliance with all standards. Staff is recommending approval of both phases. Mayor Taylor opened the public hearing. Attorney Goren administered the oath to Herb Suss, who stated that he was in favor of the project. This mixed-use project was long overdue in the City and would generate money for the City. Mayor Taylor requested that all persons who would be testifying on any matters before the Commission be sworn in simultaneously. Attorney Goren administered the oath to those persons. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Alice Shook, 1719 Wood Fern Drive, did not feel that these projects represented a 'town" since the project included skyscrapers. Ms. Shook felt that it should be called a project, rather than a town. She was in favor of introducing a park in the project and did not think that a super shopping center was needed. Instead of a shopping center, she would like to see a recreation center built for the teens and children in the City. Patty Schultz, a resident of Sky Lake, inquired if the density for a suburban mixed-use zoning district was 20 units per acre and was informed that was correct. She noted that one of the projects consisted of over 52 units per acre and asked for justification. She felt that these projects would set bad precedents for other suburban mixed-used projects. Dick Hudson, Senior Planner, pointed out that the total project is 89 acres, which means that applying the 20 units per acre formula would allow 1,780 dwelling units and the applicant is well within this limit. Ms. Schultz inquired if the dwelling units proposed are part of the original 1,780 units and Mr. Hudson stated they were. Ms. Schultz pointed out that when Motorola was originally constructed, Sky Lake was vacant land and the utility lines for the project are above ground running north from Old Boynton Road along Sky Lake property crossing 35 homes. Ms. Schultz inquired why the applicant was using an antiquated utility system that is a liability to the City, as well as to the residents Sky Lake if there were a hurricane or windstorm. Ms. Schultz asked why the utilities were not being placed underground on the developer's property. Eric Johnson, Planner, stated that he was not qualified to answer these questions. He pointed out that the Engineering Division reviewed the project and found the utilities that the applicant is proposing to be adequate. Mayor Taylor noted that the utilities meet code and putting the lines underground would cost millions of dollars. Ms. Schultz inquired who would be paying for the road improvements. Mayor Taylor explained that if traffic required improvements, the developer would be responsible and must meet all traffic requirements. This is done through the County and the developer has met all requirements for traffic. Commissioner Ensler had a question regarding the number of units. The DRI states that the number of units is 1,551 and they were provided a chart tonight that states that the number of units is 1,638. Staff report states that school concurrency is only for 1,001 units. Commissioner Ensler inquired how many units would actually be built. Mr. Comparato noted that the DRI allows a 30% leeway for approval of the total number of units, both above and below. This allows him to adjust the total number of units, the total number of retail square feet and the total number of office square feet. With regard to the school concurrency, as of today, he does not know how many units have been approved, but he does not believe that they have exceeded that number at this point. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Mr. Johnson stated that the project is approved for 1,001 dwelling units for school concurrency. This covers the project through phase 4; however, if the project exceeds this number through phase 5, the applicant would have to submit another application to the Palm Beach County School District. Staff has reviewed and does not feel that this would be a problem. This requirement has been included in the conditions of approval for both projects, so that prior to the issuance of any development permits, the applicant would have to have their school concurrency in place. Mr. Comparato reported that the 29-acre parcel that is the first phase of the development has its own school concurrency requirement for 500 acres. The 1,001 are for the additional units and are well within the numbers that have been approved. Commissioner Ensler asked if the. greenway along the west border of the project was still included in the development plans. Mr. Comparato responded that the greenway extends around the existing property. Commissioner Ensler asked the applicant about the color scheme. Mr. Comparato reported that the colors are light yellow with green tile roofs. The colors have been presented to staff. Mr. Johnson confirmed that the applicant submitted color palettes for both projects that are attached to the plans. Staff recommended that if there were any significant change in the colors in the future, it must come back to the Commission. Mr. Comparato restated that they agreed to this condition, as well as all other conditions of approval. Mr. Johnson read the color palettes condition into the record. Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner Ensler. Attorney Goren reported that there is litigation pending and requested that the record reflect that the applicant has knowledge of this litigation that could impact the proposed development. Mr. Comparato acknowledged that he is aware of the litigation and its possible impacts. Vote The motion carried 5-0. Project: Agent: Owner: Location Description: Renaissance Commons Phase V (COUS 04-005) James Comparato & Carl E. Klepper, Jr. Compson Associates of Boynton II, LLC 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 Canal Request conditional use/new site plan approval for the construction of two six (6) story condominium buildings 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 75 feet in height for a total of 447 dwelling units on an 8.538-acre portion of the 86-acre parcel known as Renaissance Commons Attorney Goren administered the oath to all persons who would be testifying. Jim Williams, of Quincy Johnson Architects, 949 Clint Moore Road, Boca Raton, was representing Town and Country Builders, who were responsible for the Montevardi Project in Renaissance Commons. This is also a five and six story residential condominium project, containing 447 units in two separate buildings to be connected by a pedestrian bridge. The units contain one, two or three bedrooms similar to the previous project. The buildings are Mediterranean style with terra cotta tile in earth tone colors. Mr. Williams agreed with all conditions of approval contained in staff's report. Eric Johnson, Planner, stated that staff has reviewed the project and is recommending approval, subject to the 49 conditions of approval. Mayor Taylor opened the public.hearing. Since no one wished to speak, the public hearing was closed. Attorney Goren again noted that there is litigation pending involving Save Our City versus the City of Boynton Beach, which applies to this project as well as the previous project. Attorney Goren requested that the applicant confirm that he has knowledge of litigation and the impacts it would have upon the project. Stephen Liler of Town & Country Homes, 1275 Gateway Boulevard, assumed the podium and stated they were aware of the litigation and the possible impacts it might have. Mayor Taylor asked what the price range was of the units. Mr. Liler responded that units would range from $169,900 to approximately $300,000. Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. Project: Agent: Owner: Location: Description: Boynton Lakes (ABAN 04-006) (Boswell Place) Kristen Conti/Jeannie Heavilin Sara L. Valashinas 3 Boswell Place Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2 Commissioner Ensler referred to the 1976 Ordinance, and questioned if this item should be tabled as well. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Attorney Goren stated that he has read the 1976 Ordinance with regard to notification. There is some discrepancy in the requirement. However, in Comprehensive Plan Amendments, it is not unusual for staff to also notify those residents who live within 400' of the project. This is an abandonment that requires notification to abutters on both sides, notice by publication, and a public hearing. The matter before this Commission has been properly dealt with and this Commission could consider the matter. Commissioner Ensler pointed out that the Ordinance from 1976 requires that all owners be notified within 300'. Attorney Goren stated that the notification in this one sub-section appears to apply only to Comprehensive Plan changes in the Code that is not required in this situation, which is an abandonment. The item has been published in the newspaper, a public meeting is now taking place, and the abutters on both sides of the property have been legally notified. Attorney Goren requested that staff confirm that these requirements have been met. Mike Rumpf, Planning and Zoning Director, noted that this item is a request to abandon a narrow portion of a utility easement adjacent to Lot 3, Block 26, Boynton Lakes Plat 2. Staff contacted all persons that could be affected by the abandonment and has received no objections. This portion of the utility easement is not used and serves no public purpose. For the record, Mr. Rumpf stated that a correction has been noted within the legal description that references a Book and Page and the correct Page should be Page 138. Staff supports the abandonment. Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. G. Petition to establish the High Ridge/Quantum Community Development District (PROPOSED ORDINANCE NO. 04-062) Mr. Bressner distributed a memorandum from Mr. Pimentel setting forth what comprises a Community Development District. Peter Pimentel, 19 Trade Winds Circle, Tequesta, Florida, was present on behalf of Westbrooke Homes that was applying to form a Community Development District for an approved project. The project consists of 155 townhomes on 15 acres in Quantum Business Park. A Community Development District is a form of government that allows for the financing, operation and maintenance of certain infrastructure within the project. The District would have the power to levy special assessments and pay off the debt, as well as paying for the maintenance of the infrastructure that the District maintains. They propose to finance approximately 68% of the infrastructure that would include water, sewer and stormwater systems. The water and sewer system would be dedicated to the City and the stormwater system would be owned and maintained by the Community Development District. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Dick Hudson, Senior Planner, reported that staff has reviewed the petition and has no objections. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Commissioner McCray inquired if any person had any questions, would they go to the District for answers or would they have to come to the City. Mr. Pimentel explained that every purchaser is provided two documents. One is a price list that states it is a Community Development District and if you buy into the project, that person agrees to be assessed special assessments. This statement also appears above the signature page on the reservation contract. The project is located in the Quantum Park Community Development District and would be a small overlay within the Park. Both districts are disclosed to prospective purchasers. At that time, a prospective purchaser has to make a decision to buy into the District and accept the special assessment or go elsewhere. Commissioner McCray inquired that since the City would own the water and sewer lines, does this mean that the City would be responsible for any liabilities? Mr. Pimentel stated this was correct. It is common practice that all water and sewer be dedicated to the City. Vice Mayor Ferguson noted that the memorandum presented to the Commission states that a Board of Supervisors is elected on a one-acre/one vote basis. He would like to see the landowners get one vote, regardless of how much land they own. Mr. Pimentel stated that this was only for a period of time and is permitted under Florida Statutes. The reason for this requirement is that currently there are no owners, and the only landowner is the developer. Over time, within six years, that Board would be converted to a popular board by Statute, which is mandatory. Commissioner Ensler was concerned about liabilities for a homeowner who buys into the District and if the developer went bankrupt, the bond could be considered in default at that point. Mr. Pimentel responded that if this happened initially and the bonds were sold and there was only one single landowner, the project is vulnerable at that time. If this occurred, the property would go to tax sale and in Palm Beach County all tax certificates are sold. In all probability, someone would buy the tax certificate for the project and pay the bonds off. This is a recurring requirement and the assessment is set on a yearly basis. Commissioner Ensler asked if the infrastructure would be in place for the entire project, prior to selling of the residences. Mr. Pimentel stated that this would be the case. Motion Vice Mayor Ferguson moved to approve. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Goren read Proposed Ordinance No. 04-062 by title only. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-062. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Ho Approval of the final adoption of the City of Boynton Beach Community Development Block Grant One-Year Consolidated Action Plan (PROPOSED RESOLUTION NO. R04-132) Pam O'Brien, Executive Director of Aid to Victims of Domestic Abuse (AVDA), assumed the podium. Ms. O'Brien thanked the City for its support in the past; however, they received no support from the City this year. Ms. O'Brien thanked the Mayor for his statements during his State of the City speech regarding safety. Ms. O'Brien also thanked the Boynton Beach Police Department and the Victim Advocate staff that AVDA works with very closely. AVDA provides services to victims of domestic abuse of all ages that includes early prevention through shelter. AVDA applied for funding through the City's Community Development Block Grant program for $21,000 to support their prevention programs. Ms. O'Brien reported that Boynton Beach has a serious domestic abuse problem. From July 1, 2003 through June 30, 2004, there were 376 charges of domestic battery or aggravated battery. These are not calls, but actual charges. Also, there were 1,998 domestic disturbance calls last year that averages out to more than 5 a day. AVDA is only one of two certified State shelters in the County and serves the entire County. Boynton Beach is number two in calls to their hotline, with Boca Raton being number one. The calls Ms. O'Brien referred to were "dark" calls that required response from the domestic abuse response team from the Police Department. Eighteen percent of all their calls to the hotline come from Boynton Beach, compared to 7% from Delray Beach. Ms. O'Brien reported that they rely heavily on support from a broad base of both public and private supporters. Boca Raton every year contributes $40,000; Delray Beach gave $22,000 last year, plus another $50,000 that will go to the new shelter that they are building. The County contributes approximately $117,000 since they serve the entire County. Ms. O'Brien noted that their application was for youth services, which is an eligible service. Intervening at an early age reduces the incidences of domestic violence. One of three teens will be involved in an abusive relationship before they are 20 years old. Ms. O'Brien requested that the City reconsider their request for $21,000. Mayor Taylor inquired where the new facility was being built. Ms. O'Brien stated that State law prohibits her from revealing the location, but staff has this information on file. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Mayor Taylor asked what the City's explanation was in denying AVDA's grant request. Ms. O'Brien read the City's response into the record that stated, "Although we recognize that the service you provide is considered an eligible activity, staff is recommending that organizations that have not previously been sub-recipients or organizations that receive their major financial support from other sources, should not be funded." Ms. O'Brien pointed out that they were sub-recipients in the past and she felt that they were turned down because the City felt their organization would still operate without the City's contribution. Money is very tight and every year it is more difficult to operate. Mayor Taylor inquired how much the City gave to AVDA previously and Ms. O'Brien stated nothing last year. The year before they received $5,000, and the year before that $10,000. Theresa Johnson, representing the Urban League of Palm Beach County, reported that the Urban League was not recommended for funding from the City's CDBG Funding for 2004-2005. They were informed that their agency was not a previous sub-recipient and their major financial support came from other sources. Ms. Johnson asked the City to reconsider their request for $12,000 to provide comprehensive housing counseling services to the citizens of Boynton Beach. The Urban League is certified by HUD as a housing counseling agency, which means they have the skills and knowledge to negotiate on behalf of lenders who are in foreclosure or who are delinquent in their mortgage. They have served 43 Boynton Beach residents to date that included grant assistance, utility assistance, and mortgage counseling. Ms. Johnson acknowledged that Boynton Beach is an entitlement community and therefore has the authority to recommend which services the City will provide. They currently receive funding from the County and the Cities of West Palm Beach and Delray Beach. Although they have not received any funding from Boynton Beach during the past two years, they have continued to provide services to residents. With the reduction in funding, they would not be able to offer house-counseling services for the residents of Boynton Beach. Ms. Johnson requested that staff amend their allocation of funding to include the Urban League of Palm Beach County for $12,000. Commission McCray inquired how much the Urban League receives from Palm Beach County. Ms. Johnson responded that they would be receiving $145,500 for the years 2004- 2005. Sheri Johnson, Executive Director of the Community Caring Center, thanked the City for funding their organization this year. They provide financial aid, food and shelter to over 3,500 people in the community and receive no funding from the County. Most of the people that they assist are from Boynton Beach and the City's funding is crucial to continuing their services. Ms. Johnson thanked the City for funding their grant request. She reported that they supplied over $145,000 in food and financial aid. Mayor Taylor inquired how much funding they received this year from the City, and Ms. Johnson stated it was $25,000. 2O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 David Zimet, Executive Director of the Boynton Beach Faith Based Community Development Corporation, thanked the City for their continued support. They have serviced 200 people in their credit and homebuyer counseling program and will assist 20 people in purchasing homes. Because of the funding from the CDBG program, they do not have to charge people for assisting them. Over 500 free meals were offered during the holiday season last year and they continue to do good work in the community. Mayor Taylor inquired if the agencies that receive CDBG assistance come to the Commission or is that done independently of the Commission. Mr. Bressner explained that the Committee recommends the sub-grantees for the various programs and if the Commission agrees, the next step would be to approve the distribution of the funding by Resolution. Each application would then come back to the Commission on an individual basis for approval of the sub-grantee agreement. If the Commission so desires, it can make any changes to the list presented tonight. The Commission is being asked to approve the list of sub-grantees presented for funding in the total amount of $176,800. In addition, they are being asked to approve funding of $227,000 that would be set aside for debt service for the Heart of Boynton Phase 1; $75,000 for housing rehabilitation; $40,000 for rehabilitation administration; and $117,000 for planning and administrative costs for administering the CDBG Program. The Commission is being asked to approve the entire request of $636,000. If the Commission approves the request as submitted and adopts the resolution recommended by the Committee, the two agencies that requested funding would not receive any. Octavia Sherrod, Community Development Manager, assumed the podium and stated that her Division is supported entirely by grants from SHIP and CDBG funds. Every year they fund the City's program for major and minor repairs to substandard dwellings that allows funding of administrative costs as well. Mr. Bressner asked Ms. Sherrod how much of the SHIP funds are used for rehabilitation programs. Ms. Sherrod stated that 90% of those funds are used for housing initiatives and 10% for the housing administrator. Mayor Taylor inquired if any of the programs being recommended for funding provide some of same services offered by the Urban League. Ms. Sherrod stated that her staff has expertise in housing counseling and also refers people on a daily basis. Staff felt it was more prudent to perform these functions, rather than sending people to an agency and then be referred to another agency. They also have other agencies that do not charge to provide those services. Mayor Taylor asked what the City provides for domestic abuse. Ms. Sherrod stated that there are no other agencies that provide this service, but it was staff's contention that it was an organization that receives funding from other sources. The 2.1 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 monies that we normally give them could be obtained from other funding sources. They were never given an over abundance of money, and the City did not fund them last year. Ms. Sherrod noted that Ms. O'Brien stated that AVDA receives 18% of their calls from Boynton Beach, but the $21,000 that she is requesting is 31% of the program. Ms. Sherrod stated that the numbers did not match and noted that this is a countywide program. Commissioner McKoy stated that he had some questions and noted that two of the applicants that did not receive funding stated this was the result of their major funding coming from other sources. Commissioner McKoy inquired how this applied to the overall picture. Ms. Sherrod stated that the Committee assumed that if they did not fund these two agencies, they would still be able to provide their services. Quintus Greene, Development Director, explained that in the memorandum to the City th Manager dated July 16 , they outlined their rationale for recommen, ding funding for some organizations and not for others. The applicants were divided into three groups. The first two groups received funding and the third group received none. The third group did not receive funding because they were organizations that were not previous sub-recipients; they received their major financial support from other sources; or provide a service that the City currently receives from another agency. It was our determination that if we did not give the Urban League $5,000, it would not be a critical factor to their overall program. Similarly, with AVDA, Ms. O'Brien indicated that they received $40,000 from Boca Raton, $117,000 from the County, and $20,000 from Delray Beach. Therefore, we did not feel that $5,000 would be a critical factor to the program. Commissioner McKoy had concerns that there were no agencies in the City to address the services provided by AVDA that he felt were necessary. Commissioner McCray noted that the Police Department has a Victim's Advocate on staff. Mayor Taylor stated that if the Commission wished to fund either or both of these agencies, the money would have to be taken out of the $636,000, which Mr. Greene confirmed was correct. Commissioner McKoy inquired if the funds could come from anywhere within the $636,000 and Mr. Bressner stated that it could. Ms. Sherrod pointed out that there are thresholds that must be followed and they cannot exceed the 15% they are allowed to give to public service organizations. Mr. Bressner inquired if the percentage was 15% of the $636,000, and Ms. Sherrod stated that was the correct figure. She also pointed out that the anticipated debt service for the Heart of Boynton 108 loan would exceed $227,000. Commissioner McKoy wanted to know if the City met the funding requests of either or both of those agencies, what percentage of their total funding for the year would the City's 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 contribution account for. Ms. Sherrod did not have that information with her. Commissioner McKoy requested the information before he would move forward with the item. Ms. Sherrod noted that the Commission would not meet until August 17th and the application was due to HUD on August 15th. If the Commission wanted to make any changes, they would have to do so tonight. Vice Mayor Ferguson asked how much each of these two organizations originally asked for and Ms. Sherrod stated it was in the agenda backup. Vice Mayor Ferguson said he could not locate this information in the back up and Mr. Bressner recommended that they take a break to allow staff to retrieve the requested information Recess declared at 8:34 p.m. Meeting resumed at 8:43 p.m. Mr. Bressner requested that Police Chief Gage address Commissioner McCray's request regarding the resources offered by the Police Department for domestic abuse. Chief Gage stated they have a Victim Advocate on staff who was hired through a grant program, and is one of the best in the State. She has been touted throughout the County as the example to follow for other agencies to pattern their programs after. Although they have a staff member, they do not have any resources and she relies upon other agencies such as those making presentations. Chief Gage stated that his staff asked him to endorse the AVDA Program if it becomes available. This program in the past and their staff has been very helpful in providing assistance to victims that have come to the City for assistance. He noted that the figures presented for Boynton Beach are a direct result of pro-active work on the part of staff that deals with these problems in order to prevent them from becoming homicides. If money could be found for AVDA, he pointed out that they have been of tremendous value to staff in locating resources for the victims. Mr. Bressner asked if Drug Forfeiture Funds could be used for these types of services. Chief Gage thought they could be on a one-time basis, but would not be allowed on an ongoing basis Mayor Taylor recommended taking $15,000 from the Heart of Boynton Phase 1 debt service money in order to give $5,000 to the Urban League and $10,000 to AVDA. Commissioner McCray pointed out that the Urban League offers the same services that the City offers in-house and also receives major funding from Palm Beach County taxpayers. He was not in favor of giving $5,000 to the Urban League. He was in favor of giving $15,000 to AVDA Commissioner McCray thanked those individuals who volunteer their time and a job well done in bringing the funding recommendations to the Commission. He also noted that there was an article in The Palm Beach Post that asserted that Ms. Sherrod was a bad person, which was entirely false. Commissioner McCray thanked Mr. Bressner for his 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 response to that article that was in the form of a letter to the editor commending Ms. Sherrod for her dedication, volunteerism and fine work on behalf of the City and its residents. A copy of the letter was presented to the Recording Secretary for inclusion with the records of the meeting. Commissioner McCray thanked Mr. Bressner for being a Manager who stands up for his employees. Mayor Taylor asked what AVDA originally requested for funding and was informed it was $21,000. After a lengthy discussion, it was determined to fund AVDA $15,000. Motion Commissioner McCray moved that $15,000 from the Community Improvement Division CDBG funds be taken from the Heart of Boynton Phase 1 funds and given to AVDA. Vice Mayor Ferguson seconded the motion that carried 5-0. Attorney Goren read Resolution R04-132 by title only. Motion Commissioner McCray moved to approve Resolution R04-132. Motion seconded by Vice Mayor Ferguson and unanimously carried. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (August 16, 2004) Proposed Lease Agreement with Boynton Woman's Club (TABLED ON 6/15/04) (08/17/04) Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30 p.m. on 9/14/04) Workshop regarding City Hall/Public Safety Space Needs Report (TBA) Xl. NEW BUSINESS: Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard Mr. Bressner reported that this was added at the Pre-agenda Meeting. It was then recommended that the item be referred to the Planning and Development Board and the CRA for review of proposed possible code changes and brought back to the Commission. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Motion Commissioner Ensler moved to table in order to refer the item to the Planning and Development Board and the CRA. Motion seconded by Vice Mayor Ferguson and carried 4-1 (Commissioner McCray dissenting). XII. LEGAL: Vice Mayor Ferguson moved to table Items Xll. A. 1 and A. 2 to the August 17, 2004 meeting. Motion seconded by Commissioner McCray and unanimously carried. Mr. Bressner questioned the tabling of Item A. 2. Motion Vice Mayor Ferguson moved to reconsider Item XII.A.2. Motion seconded by Commissioner McCray and unanimously carried. Mayor Taylor pointed out that only Item A. 1 was tabled. A. Ordinances -2nd Reading - PUBLIC HEARING 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 Vice Mayor Ferguson requested that Item A.1 be removed from the table for reconsideration. Commissioner McCray removed his second to table Item A. 1. Motion Commissioner McCray moved to reconsider Item A.1. Motion seconded by Commissioner Ensler and carried 5-0. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-053. Motion seconded by Commissioner McKoy. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Attorney Goren read Proposed Ordinance No. 04-053 by title only. City Clerk Prainito called the roll and the motion carried 5-0. 25 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 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 Attorney Goren read Proposed Ordinance No. 04-054 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-054. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-055 Re'. Annexing 7.29 acres of property in connection with the request to build 113 fee- simple townhomes and related site improvements for the Waterside Project Attorney Goren read Proposed Ordinance No. 04-055 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-055. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-056 Re: Amending the Comprehensive Plan Future Land Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential (Waterside Project) Attorney Goren read Proposed Ordinance No. 04-056 by title only. Mayor Taylor opened the public audience. Alice Shook, 1719 Wood Fern Drive, asked for the definition of high density residential. Dick Hudson, Senior Planner, responded that high density means the number of dwelling units per acre. Low density is currently 4.84 du/a and this would go up to 20 du/a. The height would be limited to 45'. 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Ms. Shook asked about the location of this particular property and was informed that it was located on the east side of Federal Highway, north of Chukker Road. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-056. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. 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 townhomes and related site improvements (Waterside Project) Attorney Goren read Proposed Ordinance No. 04-057 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance seconded by Vice Mayor Ferguson. City Clerk Prainito called the carried 5-0. No. 04-057. Motion roll and the motion 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 Attorney Goren read Proposed Ordinance No. 04-060 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-060. Motion seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 04-050 Re: Providing for a one-time opportunity for current members of the General Employees' 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 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 (TABLED ON 8/03/05 TO 8/17/04) 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 (TABLED ON 8/03/05 TO 8/17/04) Motion Vice Mayor Ferguson moved to table Items XII. B.1 and B.2 to the August 17, 2004 Commission Meeting. Motion seconded by Commissioner McCray and unanimously carried. 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 (TABLED ON 7/20/04) Motion Commissioner Ensler moved to table Item XII.B.3. Mr. Bressner noted that this Ordinance codifies what is already being done as current practice. Commissioner Ensler withdrew his motion. Commissioner Ensler inquired how many weeks of vacation time an employee is allowed to accumulate. Ms. Diane Reese, Director of Finance, stated that an employee could accumulate 25 days per year up to 50 days. Any time over that would be lost. Ms. Reese further explained that when a person retires, the highest 60 consecutive months are calculated to determine their average calculation and an employee could include additional vacation time of up to 50 days into this calculation. This could raise the employee's last year's salary only by the amount of vacation accrual. Mayor Taylor noted that this item had been tabled and called for a motion to remove it from the table. 28 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Motion Commissioner McCray moved to remove from the table. Motion seconded by Commissioner McKoy and unanimously carried. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-052. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll. The motion carried 5-0. Proposed Ordinance No. 04-063 Re: Abandoning 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 (Boynton Seafood) Attorney Goren read Proposed Ordinance No. 04-063 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-063. Motion seconded by Commissioner McKoy. Commissioner Ensler inquired if the City has proof that it owns the property. Mr. Rumpf responded that staff has no reason to believe that this is not publicly owned. Mr. Bressner inquired if there was a reversion clause. Mr. Rumpf responded that there is a reversion clause and this same issue came up previously in the abandonment of a similar segment for the same right of way. It was determined by legal research that if action were not taken by a certain date, it would not revert to the original dedicator. Therefore, there is a legal right to abandon the property. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) Attorney Goren read Proposed Ordinance No. 04-064 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-064. Motion seconded by Commissioner McKoy. 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Commissioner Ensler asked the same question regarding Ordinance No. 04-063. Mr. Rumpf stated that his answer was the same. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-065 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) for Florida Collision Attorney Goren read Proposed Ordinance No. 04-065 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-065. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-066 Re: Rezoning from General Commercial District (C-4) to Industrial District (M-l) for Florida Collision Attorney Goren read Proposed Ordinance No. 04-066 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-066. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-067 Re: Amending 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 Attorney Goren read Proposed Ordinance No. 04-067 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-067. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-068 Re: Amending 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 3O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 Attorney Goren read Proposed Ordinance No. 04-068 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-068. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. 10. Proposed Ordinance No. 04-069 Re: Amending Chapter 18, Article II, Division 5 of the Code of Ordinances to amend the investment policy of the General Employees' Pension Plan to afford the pension plan greater flexibility in its investment allocations and enhance its investment opportunities; specifically amending Section 18-145 entitled, "Investment of Funds" Attorney Goren read Proposed Ordinance No. 04-069 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-069. Motion seconded by Commissioner McKoy. Vice Mayor Ferguson noted that on Page 3 of the Ordinance it states, "To implement this strategy the Board has chosen to hire one or more professional investment managers. Specific assignments and additional guidelines for each Investment Manager will be outlined in addenda to this section." Vice Mayor Ferguson would like to see this before the second reading of the Ordinance. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: 1. Intentionally left blank D. Other: XlII. UNFINISHED BUSINESS: None 31 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Augu~ ~ 2004 XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:20 p.m. City of Boynton Beach Recording Secretary ';-'~L~' ~ '" (August 4, 2004) 32 WHAT IS A COMMUNITY DEVELOPMENT DISTRICT? A Community Development District is an independent special taxing district authorized by Chapter 190, of the Florida Statues to plan, finance, construct, operate and maintain public infrastructure in planned developments. If a project is less than 1000 acres, the CDD can be created by an ordinance of the City Commission or County Commission wherein the project is located. If the project is over 1000 acres it must be created by the Florida Land and Water Adjudicatory Commission, the members of which are the Florida Cabinet. The District can issue bonds in an amount necessary to finance all or a portion of the cost of construction of' the public infrastructure improvements associated with a development project. Such items that can be included in the financing are all or portions of the surface water management system; the water distribution system; the wastewater collection and transmission facilities; and certain roadway improvements, including the soft costs associated with the improvements. There are also other public improvements that can be included in the financing. Once the District issues bonds, it can either construct the improvements or purchase the finished improvements from the developer provided the construction is certified by a registered engineer. After the District acquires the improvements, it can either keep the improvements or deed them to another governmental entity. Generally, the District will deed the water and wastewater system to a public utility and, in some cases, deed the roads to the city or county. In most cases, the District will end up owning the surface water management system. Whatever infrastructure the District ends up owning will need to be maintained. The District can either maintain the infrastructure itself or it can contract with the project's homeowners association to perform the maintenance. In order to retire the debt associated with the financing, the District levies an assessment against each property in the District each year that represents the annual pro-rata share of the cost of the publicly financed infrastructure. Included in the assessment is a pro-rata share of the cost to administer the District. If the District assumes the obligation to maintain some or all of the infrastructure as noted above, the annual assessment will include an amount for maintenance. The total assessment will appear on the property tax bill that property owners receive in November of each year. If there is a mortgage on the property and the taxes are escrowed, the assessments are included in the monthly mortgage payment. In that case, the tax bill goes directly to the mortgage company and is paid fi'mn the escrow account. 000 Prosperity Farms. Road - Suile 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922, Fax 561.63Q.4923 · Toll Free S77.737.4,922 The District is governed by a five member Board of Supervisors who is initially named in the document that creates the CDD. Within 90 days after the creation of the District, the landowners must meet and elect the Board of Supervisors on a one acre/one vote basis. Six years after the initial election of Supervisors and after the District attains at least 250 qualified electors, Supervisors whose terms expire will begin to be elected (as their terms expire) by §ualified electors of the District. A ctualified elector is a registered voter who is at least eighteen years of age, a resident of the District and the State and a citizen of the United States. At the election where Supervisors are first elected by qualified electors, two Supervisors must be qualified electors and be elected by qualified electors, one to a four-year term and one to a two-year term. The other Supervisor will be elected by landowners for a four-year term. Thereafter, as terms expire, they will be replaced by the qualified electors. TO: FROM: DATE: RE: PROJECT: MEMORANDUM City Attorney - Boynton Beach James Cheroff LAKESIDE GARDENS PROPERTY OWNER'S REPRESENTATIVE Michael A. Mrotek August 1, 2004 Affidavits/Facts & Summations Lake Drive North (ABAN 04-003) Pursuant to your advice and request to Ramona Mrotek and Sherry Easterling on July 20, 2004 at the City Commission meeting, I have been elected to present the enclosed. The additional enclosed Affidavits from property owners who were on vacation Or absence due to business are hereby submitted. The enclosed facts concerning the above-cited Project are for the City Commission's edification, review and consideration. The facts are as follows: City of Boynton Beach - Ordinance 76-27 provides that: 1. (Line 43) The abandonment or vacation will "not" adversely affect other property owners. 2. (Line 63) Upon proper submittal the City Clerk shall (Line 65) advise the · City Engineer, Planner, and Public Works. (Line 68/74) The reply is due in 20 days from the staff. 3. (Line 82) Set a public hearing held by Planning and Zoning Board. (CRA) 4. (Line 88) Planning and Zoning shall submit recommendations to the City Council of all reports and recommendations. 5. (Line 94) The change of use of land requires all property owners within 300 feet to be notified by mail of date of public hearings, 15 days prior to the hearing. 6. (Line 100) Planning and Zoning has 30 days fi'om the time ofreceipt by the City Clerk of application to: (a) Hold a public hearing; (b) Report to the City Council recommendations. 7. (Line 106) City Council shall consider recommendations within 10 days. CONCLUSION: Application Date: Community Redevelopment Agency Hearing City Commission Hearing (Tabled) City Commission Hearing (To be Tabled) City Commission Hearing (???) April 26, 2004 July 13, 2004 = 78 days July 20, 2004 = 85 days August 3, 2004 = 99 days August 17, 2004 = 113 days The cynicism of Planning and Zoning maneuvers and delays blatantly obstructs the provisions granted the people in Ordnance 76.27. The Community Redevelopment Agency has heard and recommended the application to abandon be DENIED. Your efforts and consideration in this matte~, as officers of the Court, is greatly appreciated by all of the concerned citizens of Lakeside Gardens that this city administration serves. Presentation Representative Cc.' City Mayor/Commissioners Lakeside Garden Property Owners AN ORDINANCE. OF'TIlE-cI'TY.oF-.BOyNTON BEACH, FLORIDA~ 2 ESTABLISHING A: UN~I~ORM PRO'~EDURE :FOR THE APPLICATION TO THE CITY FOR VACATION· AND ABANDONMENT .OF STREETS, .ALLEYS,-SPECIAL PURPOSE· EASEMENTS AND OTHEI{I NONFEE IAYFERESTSi OF TtIE .CITY·; iD~.SIGNATtNG METFIOD,B~'·WHICH '/ FOR' .AUTHORITY TO CODIFY ,:.' i:SA~VtNGS :.CLAUSE.,; REt~EA .LING · pROWSiONS, -E ECTr E DATE AND :FOE/O.T- E . PLm OSES. 9 BE IT'ORD NEO' BY THE cITY cooNcm oF THE CITY OF-BOYNTON BEACH, .FLORIDA: secti°n 1: Short title This Ordinance shall be designated and may be 'cited hs the City of Boynton Beach Street and iEasement AbandOnment Ordinance. |4- Section 2: PurPoseS of Ordinance The purposes of this Ordinance are to. establish uniform procedure for the application to the City for the vacation and abandonment :of .City streets, alleYs, special Purpose easements and other nonfee intereStS.. of the iCity; to .designate ~those indiVidUals'who shall have the responsibility for the processing of such 19 applicati6ns; and to provide the methods and procedures for processing said 2~applications. 2. ~ section 3: ApPlication form All requests .for Vabation and abandonment of City streets, alleys, special easememts and .other nonfee interests which, the City may have in real ~prope~y shall be made. in writing upon an application form furnished by the City.. 2gSuch application shall be executed in triplicate by the party or parties requesting same WhO shal~ verify under oath that the information c°ntained therein is true ~Tand correct. The application shall be filed with the 'City Clerk and shall:set forth following information: 29 (a) The name and address of the applicant or' applic~nts. · 2~ (b) A comPlete and accurate legal description of the street, alley, special purpose easement or other nonfee interest of the City or any portion thereof sought D%to be abandoned or vacated. Where .possible, the legal: de~r/ption ~ha]l b~ ~o. aom- D3panied by plat, map or dr. awing showing:the genera/area ihvolved and the location the specific property! intereSt t° be abando,ned or vacated. , (c) . Whether titie'er interest of the. City and. the public in and to the proper~ 'to be abandoned or vacated :was acquired by deed, dedication or preScrip- ~Ttion, and if recOrde'd.' in the public records, the book and page number thereof. 2~ (d) The reason for .the request of the .abandonment :or v~cation. 8~ (e) The names, and addresses of-the owners and occupants of real g and'abutting the properTM sought to-be, aband°ned i°r vacatebl. z$1. (f) 'The' ishall certify that'the propertY'soUght to be abandoned · vacated was not acquired or'dedicated for state' or federal· h~Ehway purposes and · that the .abandonment or vacation w/ll not. adversely affect·other property Owners -unreasonably limit access to their property. 4~' (g) SUch other releVent information as .the City may require. Section 4: APPlication .Fee Each application filed with the City Clerk, othe~ than an application lby Motion of the City Council, ·shall be accompanied by payment of a fee covering the cost of administrative review, site analysis and investigation and publication one of the folloWing amounts: : ~l (a) APplications for vacation and abandonment Of City streets and alleys be accomPanied by a fee of $250.00. ~ (b) Application for vacation and abandonment of special purpose ch as utility easements 0 and other nonfee interests of the City shall be bY a fee of $50.00. ~(- Upon ~he application being properly Submitted. it shall be accepted and by the Clerk, who shaI1 give a receipt to the applicant for the fee paid. ~ Section 5: Processing of Application (a) Abtion by City. Clerk, Upon receipt of the application and fee, the Clerk shall review the same for completeness and for compliance with the, 9/ requirements of this Ordinance. The City Clerk.may reject the application if a application has been considered at any time'~vithin six (6) months of the later application is submitted.. Upon proper submittal~ the City Clerk proceed as follows: ~,~ (1) Advise the City Engineer, City Planner and Director of Public Works the apPlicatiOn by forwarding a duplicate copy thereof to itheir attentSon and &Trequestir4~ their review and recommendations of'approval oi, disapproval thereof :be made to the City. Clerk within not more than twenty (20) days time. Upon of Said duplicate copY, .the City Engineer Shall conduct his on-site analysis .ir~vestigatior~: o~ the :property sought to be. abandoned, or vacated; and shall ad- ~vise each:'.and, every public u~i-~ ~ty. Company 'tha~-'may be involved; Or' concerned..with i'72the abandonment'bY sending' them,a copy of the 'application and requesting their '.. .TJre~ew and recommendations .of approval or. disapproval thereon to be made to.the r! Clerk Within no~i~mor, e than ..t~erity..dayS'fro~ th:~-.ipOStma~ked '75~. (2)'; -NOtify, bY regUlar mail the owmers:an~d ocCuPants ,of real.property . . . · ~ : :- 'and' abUtting~he'prOperty sought to: be .abandOn~d':°r vacated .: The owner of ~proper.ty Shall' b.~.deemed to'he:~helPersOn shown on the. Current city tax '" being the ~wner and SuCh notice-shall be sent to. the address given on the ~easement roll .for that person. It shall not be necessary t° send such~ notice by mail ~o any owner or OCCupant of property who has signed the apPlicatiOn for abandon- O[ment as a requesting partY. ~' · (3) Set .a .C~ate for. public 'hearin~ on' the applicatiOn to be. held by the and Zoning Board, and refer the 'matter to said Board-by .for'War'dirig the ori~inal and all reports and recommendations of.approva! or disapproval thereof ~ (4) Notify ithe: general public by publishing .notice:. ina newspaper of general ,circulation in.the city of the publ~-c'hearinE ~o be held .Chi'the application by the ~planning and 'Zoning BOard.. · ~ (5) After the planning and Zoning Board shaLl sUbmit its recommendation On application, advise the City Co.uneil of all reports and recommendations of ~approVal or dis~approVat thereof. ~/ (6)' Notify bY reEular mail the owners and OccUpants of real proPerty.' and abutting the property so.ught-to be abandoned or :vaCated and eaCh and ipubliC .utility company that was notified theretofore by the City Engineer, and-in ~case of a change in the.land use of the comprehensive plan,: all owners of property ~within 300' feet in all 'directions from the lines of the Property inVOlved · of the date tlne. public hearing On the proposed ordinance mentioned below, and the City l~Clerk ShaLl'cauSe to be-published· in a newspaper of general circulation in the city ~time and;place Of'p~bl~¢-hearing on. tl~e proposed ~*r~ina~ce,- at leastfifteen ~(15) 'days· Prior to'~e~.pub~c he--g,: . /~ '~(b) :A~on.'b7' P~-~in.~ ~d' z~mng BO~d.. The Planing and Zo~g rd ~h~l h~d a-pUbic 'hear~g and' sh~lreport its ~e~mmenda~onS or ~0n. ~ aPPnc~tfon f~ .~do~nt or ; vaO~fion '.to 'the :Ci~: C~unc~:, ~ t~ ~j'(30) · d~s. a~er: the .application has been ·filed.with ...... ~e Ciiy :Clerk O~spee~fic~, ~n~Ude'.~ ~tS'~rePort.the. reco~enda~s or :apProva or: disaP~ov~' ~theretofore: filed ~th it-, ' ~' (c) 'Acfi~n:.'~y :~. Coundil. The: Ci~ CounCil. Shall ~eo~i.der ~e repo~s and re~mmenda~Ons 'on. app~ca~ons for abandonment or,vacation as hereinabove ~p.rovided for. within.:ten (10) days of its receipt of same°: and shall, after pul~lic ~,~hearing and di~e consideration, either accePt, ~modify.or deny the' recommendation. ol~.n accordance with the best interests of the public w~lfare .: 'If by said acceptance, modification or den~.al of the .recommendation, a change in the land use of the com- [[~/~,PrehenSive plan is required, .or' if the aforesaid action by the'City COuncil neces- o/,~s~tate, s a .chang.ein the eXisting .propert~ interests or rights, an ordinance setting said change shall be introduced as soon as posSib'l~. '. Sectio 0; Aut o i .ito Codi ' 0/~ It is .the intention. of tl~ City CqUr~cil, :and it is herebY:ordained ttmt .the ~rovisions of this Ordinance shall', become and be made a part :of the Code of ~i~O'rdinanees..Of the city of Boynton Beach, Florida; that the:.Sections. of this Ordin- o/~ance may be renumbere4 or rele~:ered to accomplish such intention; and that the, ~S~zord "ordinance" m-ay be changed to ~'chapter", "section"~ "article", or other ~appropriate word. .~.'~ Section. 7: separability p~J Each of- the provisions of this Ordinance is Separable, ineludin~ word, ' phrase Or sentence,. and if any portion thereof shall'be declared invalid, remaining.portion shall not be affected but shall remain in full force and effect. effective in ~,,he'. ~ and at :'che .el-me Provi~ledi ATTEST: City C~erk ' CODE REVIEW/CDRV 04-008 NON-RESIDENTIAL USES WITHIN RESIDENTIAL (SINGLE FAMILY) ZONING DISTRICTS In single-family zoning districts city currently allows: · single-family homes · churches, city owned and operated facilities · pdvate golf courses, clubhouses & recreation facilities · schools & nursery, preschool schools and daycare centers Non-residential uses that do not primarily serve adjacent neighbors, have higher traffic impact which exceed those which are normal to single-family neighborhoods. New zoning change would limit these uses based on properties that have frontage along state and county artedal and county collectors, minimal parcel sizes, greater buffering & landscaping, This zoning change has been approved by City Staff, Zoning & Planning Review Board and will be voted on at the August 3 City of Boynton Beach Commission Meeting. If you support this zoning change please sign your name and address below: I support the amendments to Chapter 2. Zoning of the City's Land Developing Regulations. CODE REVIEW/CDRV 04-008 NON-RESIDENTIAL USES WITHIN RESIDENTIAL (SINGLE FAMILY) ZONING DISTRICTS In single-family zoning districts city currently allows: · single-family homes · churches, city owned and operated facilities · private golf courses, clubhouses & recreation facilities o schools & nursery, preschool schools and daycare centers Non-residential uses that do not primaxiN serve adjacent neighbors, have higher traffic impact which exceed those which are normal to single-family neighborhoods. New zoning change would limit these uses based on properties that have frontage along state and county artedal and county collectors, minimal parcel sizes, greater buffedng & landscaping, This zoning change has been approved by City Staff, Zoning & Planning Review Board and will be voted on at the August 3 City of Boynton Beach Commission Meeting. If you support this zoning change please sign your name and address below: I support the amendments to Chapter 2. Zoning of the City's Land Developing Regulations. CODE REVIEW/CDRV 04..008 NON-RESIDENTIAL USES WITHIN RESIDENTIAL (SINGLE FAMILY) ZONING DISTRICTS In single-family zoning districls c.,ity currently allows: · single-family homes · churches, city owned and operated facilities · private golf courses, clubhouses & recreation facilities · schools & nursery, preschool schools and daycare centers Non-residential uses that do not primarily serve adjacent neighbors, have higher traffic impact which exceed those which are normal to single-family neighborhoods. New zoning change would limit these uses based on properties that have frontage along state and county aderiai and county collectors, minimal parcel sizes, greater buffedng & landscaping, This zoning change has been approved by City Staff, Zoning & Planning Review Board and will be voted on at the August 3 City of Boynton Beach Commission Meeting. ff you support this zoning change please sign your name and address below: I support the amendments to Chapter 2. Zoning of the City's Land Developing Regulations. CODE REVIEW/CDRV 04-008 NON-RESIDENTIAL USES WITHIN RESIDENTIAL (SINGLE FAMILY) ZONING DISTRICTS In single-family zoning districts city currently allows: · single-family homes · churches, city owned and operated facilities · private golf courses, clubhouses & recreation facilities · schools & nursery, preschool schools and daycare centers Non-residential uses that do not pdmadly serve adjacent neighbors, have higher traffic impact which exceed those which are normal to single-family neighborhoods. New zoning change would limit these uses based on properties that have frontage along state and county arterial and county collectors, minimal parcel sizes, greater buffering & landscaping, This zoning change has been approved by City Staff, Zoning & Planning Review Board and will be voted on at the August 3 City of Boynton Beach Commission Meeting. If you support this zoning change please sign your name and address below: I support the amendments to Chapter 2. Zoning of the City's Land Developing Regulations. · · ucmns 5)ressured and, some ~ienced in the real e ' They sit in cubi- Defense Intelli- nd the other agencies, inning ever/aster, and ~produce an accurate that world, and the ti- .init. he analysts get it right, [ace is run through a ~ed, by their bosses to oases, currying favor ~rtelling them more of ~o hear and less of what OW. ltelligence system is r ~0 billion a year we intelligence estimates t some of what is hap :to happen in the world ~ge. But the solution another level of bu- the solution cannot be gl-ess, or the Bush ad- the three months be- rber election. ~g time to break intellg ake a long time, and ad even more careful i important to be left to ¥ the intelligence aye,- t our decision-makers leed to make good de- l .portant to'be left to the t m an election year. Bush !rUnnin~ the Campaign : Bush'~ advisers will he president's popular- t improve. rats see the call for na- ~roviding them an even in the wake of the at- 11, 2001. Rep. John a'gued that the country eom~., on p .u}l~___s~_ "_ ~aft.e..r s I~IE PALM BEACH POST · SATURDAY, JULY 31, 2004 LETTERS TO TIlE EDITOR Article on Boynton grants chief -unfair attack' on good service The Posf s article "Boynton grants chief rejects conflict claims" (July 12) was a misguid- ed attack against a dedicated employee of Boynton Beach. The city's grants process for Community Development Block Grants was modified in 2000 specifically to guard against any possible conflict. At that time, citizen volunteers were added to the review team to evaluate grant requests before the final decisions on awarding grants were made by the city commis- sion. Octavia Sherrod, manager of the dty's CDBG program, volunteers her lime to assist the two/aith-based Community de- velopment commissions in Boynton Beach. As city manag- er, I encourage city staff to be- come actively engaged in the community by sharing their' -time and talent. The article lev~ eled allegations of conflict where none exist. Boynton Beach is undergo- ing a remarkable transforma- tion. As it happens, many of the old ideas of citizen engagement and involvement are being re- visited. I urge The Post to review the book Comeback Cities --A Blueprint for Urban Neighborhood Revival, by Paul S. Grogan and Tony Proscio. The book offers excellent case studies on how' city governments work with the faith-based community and how progressive communities share resources for the common good. This is what Ms. Sherrod was practicing by her volunteer work with the two/aith-based CDCs. The attack on her ser- vice to the community and dedi- cation to the city of Boynton Beach was undeserved and un- warranted. City manager Boynton Beach 3-year-old's death ought to Jerk all off Of autopilot · Nicole Piscopo Nears com- mentary July 18 ("Mom for the. child -- and his preoccu- pied dad") was terrific, except she missed the mark a bit, indi- cating that we are on auWpilot and that as soon as Dr. Dennis Sierra walked into the door of his dental practice, he was whisked away by the sheer mo- mentum of his day-to-day rou- tine. I suspect we get into that mode much sooner- when we turn on the car ignition, for ex- ample, or walking the dog, or taking the morning shower. I am sure that if my 21-year old daughter reads this, she will grind her teeth thinking of all the missed phone calls that are exp dned away with "I got caught up in... ~ or ,~it got so busy at the office... scheming of two serf-serving politicians. But they did at least depose a demented despot, thus giving President Bush his one and only, nonresponsive answer to queries about Iraq, no matter the question, 'We are safer." This letter, though, is not about that chicanery but, rath- er, about the criticism of Dem- ocratic vice-presidential nomi- nee John Edwards' perceived lack of experience ("GOP's case weak against Edwards," July 12 Tom Blackburn col- . umn). I have no more insight about that than anyone else. But if the bloody, costly, seem- ingly inescapable quagmire that is now Iraq is the result of "experienced" thought by Pres- ident Bush, Vice President Dick Cheney and Defense Sec- retary Donald Rumsfeld, then DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Renaissance Commons Phase V Mr. Stephen B. Liller / Town & Country Builders, Inc. Development Building Engineering Occ. License Deputy City Clerk AGENT'S ADDRESS: 1275 Gateway Boulevard Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of two six (6)-story buildings (447 condominium units) on an 8.38-acre portion of the 85.522-acre parcel in the SMU zoning district. LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue, just noah of the C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,,,-'"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .,,-~. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:',Plannin City Clerk EXHIBIT "A" RENAISSANCE COMMONS LOCATION MAP LRC MODR LEGEND Future Land Uses; LDR - Low Density Residential MODR . Moderate Density Residential LRC - Local Retail Commercial o ;~0_ 400 JUL EXHIBIT "B" j} dill] {{{!{{ RENAISSANCE COMMONS PHASE V PORTION OF 'MOTOROLA' PLAT BOUNDARY SUR~EY EXHIBII EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" Renaissance ~omrnons EXHIBIT "B" i![[ :: Boynton Beach, Florida EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase V File number: COUS 04-005 Reference: 2ndreview plans identified as a New Site Plan with a June 22, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Use a 35 foot.sight triangle at all major driveways. 2. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 3. 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 Comment s: 4. Please provide a timeline that clearly illustrates when water and sewer services X will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as possible. 5. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for X this project either upon the request for the Department's signature on the Health Department application forms or within 7 days of site plan approval, whichever COA 07/23/04 2 DEPARTMENTS INCLUDE REJECT occurs first. This fee will be determined based upon final meter size, or expected demand. 7. This office will not require surety for installation of the water and sewer utilities, X 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. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability at X 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: 10. 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. 11. City Ordinance 04-005 provides for the following additional safety requirements X for high-rise buildings and/or buildings w/th 6 or more stories: > A system capable of supplying air (to all levels of the structure) for the purpose of filling air bottles shall be provided. It shall be designed to meet fire department needs and demands; be tested annually and maintained at the expense of the owner. It shall be for fire department use only. > Equipment rooms or areas, as required by the Chief, designed to store equipment for fire department use shall be provided. They shall be located every four (4) floors, be sized to meet fire department needs, and be locked and labeled for fire department use only. } Stairwell doors shall remain unlocked to allow entry to each floor from the stairwell. > Administrative controls shall be provided as deemed appropriate by the Fire Marshal. This typically includes evacuation/identification maps, door labels, COA 07/23/04 3 DEPARTMENTS INCLUDE REJECT > impairment controls, etc. > Multiple master keys fitting all common area doors shall be provided. > Anchor devices meeting fire department requirements shall be placed on the roof and used by the fire department for repelling purposes. > The location of fire department connections and fire suppression control valves shall be approved by the fire department. > Communication systems and devices used to provide voice information to building occupants and among emergency personnel shall be approved by the Fire Marshal > Elevators shall be of adequate size and configuration to accommodate the needs of the fire department as describes in the Fire Department Design Guide. > Stairways and areas important to life safety shall be provided with adequate smoke control features as determined by the Fire Marshal. POLICE Comments: 12. Show direction of travel inside traffic circle. X 13. Post One-Way si~n in traffic circle. X BUILDING DIVISION Comments: 14. 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. 15. Every building and structure shall be of sufficient strength to support the loads X 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. 16. Buildings three-stories or higher shall be equipped with an automatic sprinkler X 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. COA 07/23/04 4 DEPARTMENTS INCLUDE REJECT 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 19. Identify within the site data the finish floor elevation (lowest floor elevation) that X 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: 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 there is no base flood elevation, indicate that on the plans. 20. On the drawing titled site plan identify the property line. X 21. To properly determine the impact fees that will be assessed for the one-story X recreation building, provide the following: > Will the 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 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 recreation building. 22. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, X therefore, be used for landscape irrigation where other sources are readily available. 23. 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. 24. 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. COA 07/23/04 5 DEPARTMENTS INCLUDE REJECT > If the project is a multi-family project, the building numb'er/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) 25. 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)) 26. Pursuant to approval by the City Commission and all other outside agencies, the X 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. 27. 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. 28. Show the proposed site lighting on the site and landscape plans. (LDR, Chapter X 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 29. Add to the site data the total area under roof of each residential building. Provide X 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 07/23/04 6 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) 30. This structure meets the definition of a threshold building per F.S. 553.71 (7) and X 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. 31. Show the required clear floor space in the kitchens and for the bathrooms. A X minimum 30" "x 48" clear floor space outside the swing of the door is required in the covered bathrooms. 32. The storage area shall be separated by a fire-rated partition in accordance with X the 2001 FBC, Table 704.1 (Sheet A.2.0). 33. A fire-rated wall is required between the parking garage and the residential X building per the 2001 FBC, Table 704.1. 34. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives. PARKS AND RECREATION Comments: 35. The Recreation and Parks Facilities Impact Fee is calculated as follows. X 447 Multi-family Units ~ $ 656 ea. = $293,232 Fee is due at the time of the first applicable buildin~ permit for this section. FORESTER/ENVIRONMENTALIST COA 07/23/04 7 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING Comments: 36. This project requires conditional use approval from the Planning & Development X Board and City Commission. If approved, staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 37. This project is the fifth phase of the Renaissance Commons (f.k.a. Motorola) X development. The School District of Palm Beach County approved the Renaissance Commons project for 1,001 residential units for school concurrency purposes. At the time of permitting, please confirm the cumulative number of residential units approved through phases One through Five. 38. The SMU zoning district allows up to 20 units per acre. This phase is the fifth X phase of the Renaissance Commons project. At the time of permitting, provide staff with the project density. This density would take into consideration the entire Renaissance Commons land area (+/- 86 acres) and the approved number of units from phases One through Five. 39. The "Monteverde" monument sign, proposed at the front entrance, is required to X be at least 10 feet away from the property (phase) line. 40. The photometric plans indicate the lighting levels but do not show the outdoor X lighting fixtures that would be used throughout the project. At the time of permitting, provide a detail of the typical freestanding outdoor lighting fixture. The detail should include the dimensions, materials, and colors. Staff recommends that its design and style be compatible with the building design (height) and poles that were used throughout Phases One through Three (Chapter 9, Section 10.F. !.). 41. The unit tabulation on the master plan (sheet MPo0.1) and sheet A-2.0 indicates X 84 Unit "A" but when counted (on the graphic illustration), it adds up to 89 Unit "A". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 42. The unit tabulation on the master plan (sheet MP-0.1) and sheet A-2.0 indicates X 101 Unit "B" but when counted (on the graphic illustration), it adds up to 113 Unit "B". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 43. The unit tabulation on the master plan (sheet MP-0.1) and sheet A-2.0 indicates X 160 Unit "C" but when counted (on the graphic illustration), it adds up to only 143 Unit "C". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. COA 07/23/04 8 DEPARTMENTS INCLUDE REJECT 44. The unit tabulation on the master plan (sheet MP-0.1) and sheet A-2.0 indicates X 21 Unit "D" but when counted (on the graphic illustration), it adds up to 33 Unit "D". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 45. The unit tabulation on the master plan (sheet MP-0.1) and sheet A-2.0 indicates X 81 Unit "E" but when counted (on the graphic illustration), it adds up to only 69 Unit "E". This discrepancy between the table and the graphic must be corrected. The tables supersede the graphic. 46. Include large sized color rendering of all building elevations by the Planning & X Development Board meeting scheduled for July 27, 2004 (Chapter 4, Section 7.D.). 47. If a security gate is proposed in the future, then show its location on the first X floor plan (sheet A-2.) and provide a detail indicating its dimensions, materials used, exterior finish, and colors (Chapter 4, Section 7.D.). If a security gate is proposed in the future, then it would resemble the other security gates used throughout the Renaissance Commons development. 48. Staff recommends removing the cell tower that is currently located within the X limits of this phase of the Renaissance Commons project. 49. Staff recommends if any major changes occur in the project's color palette, then X the new color palette would require City Commission review and approval. PLANNING & DEVELOPMENT BOARD COMMENTs: Con~nents: 50. None X CITY COMMISSION COMMENT: Comments: 51. To be determined. {']~'rg_ll~ MWR/elj S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase V COUS 04-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase IV Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl E. Klepper / Compson Associates Incorporated AGENT'S ADDRESS: 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of six (6) story building (328 condominium units) and 70 townhouse units on an 18.184-acre portion of the 85.522-acre parcel in the SMU zoning district. LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue, just north of the C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,,,'"' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,,,,"' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: S:",PIanning',SHARED'~WP'.,PROJECTS\Renaissance Commons\Site Plans~,Phasc IV ~.doc City Clerk EXHIBIT "A" RENAISSANCE COMMONS LOCATION MAP LEGEND Future Land U$~s: LDR - Low Density Residential MODR - Moderate Density Residential LRC o Local Retail Commercial EXHIBIT "B" I]. I] EXHIBIT '"El" i ARCHITECTS ~..: PLANNERS ~, aO,~l~m~mm~ ~ EXHIBIT "B" _ It It MOURIZ SALAZAR ARCHITECIS ~ PLANNERS EXJ-IIBIT "El" II~,il ./ / EXHIBIT "B" I I f 't'! ] i ] L.)i ~, L.)® MOURIZ SAL.AZAR ARCHITECTS ~ PLANNERS EXHIBIT "B" MOURIZ SA, LAZAR ARCItII'fCIS & PLANN[RS EXHIBII "1:1" .Z EXHIBIT "B" 42'-4' EXHIBIT "B" · l~enaissance ~ommons Boynton Beach, Florida EXHIBIT "B" l~naissance Commons Boynton Beach, Florida EXHIBIT "C" Conditions of AImroval Project name: Renaissance Commons Phase IV File number: COUS 04-004 Reference: 2nd review plans identified as a New Site Plan with a Mag 4, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. A pre-application meeting with the Engineering Division to discuss plat X process is required subsequent to site plan approval. 2. Provide clarification on the Live Oaks shown as "TBD" on Sheets L-3 and L- X 4. These do not show up in the plant lists. 3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 4. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 5. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. UTILITIES Conmaents: 6. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as possible. COA 07/23/04 2 DEPARTMENTS INCLUDE REJECT 7. An intensification of this magnitude warrants a re-evaluation of our utilities X master plan in order to evaluate the adequacy of the service main network in the area. Any off-site improvements required to support this development will be the responsibility of the applicant. The developer has funded a study of this issue, however, and our final approval will be delayed until the completion of that study. 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 9. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 10. 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. 11. 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 12. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this projec, t, in accordance with the CODE, Section 26-15. 13. 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: 14. Buildings and structures more than three (3) stories or thirty-six (36) feet in X height or all buildings more than two (2) stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes. City Ordinance Section 9-6, Section 6-2.2. 15. Please see attached FD Design Guide. It contains criteria currently being X COA 07/23/04 DEPARTMENTS INCLUDE REJECT considered by the City Commission for a new ordinance. (Copy emailed to Mr. Carl Klepper 3/30/04). POLICE Comments: None X BUILDING DIVISION Comments: 16. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 17. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. 18. General area modifications to buildings shall he in accordance with 2001 X FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 19. 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. 20. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 21. 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. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. COA 07/23/04 4 DEPARTMENTS INCLUDE REJECT 24. On the drawing titled site plan, identify and label the symbol that represents X the property line. 25. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings 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. 26. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, provide the following: > Will the pool/clubhouse 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? > 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. 27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 28. 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. 29. 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) 30. 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 COA 07/23/04 5 DEPARTMENTS INCLUDE REJECT 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. 31. 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)) 32. 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. 33. 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. 34. 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. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3). COA 07/23/04 6 DEPARTMENTS INCLUDE REJECT Villa Laao 35. Title Sheet "Data". A 13R system cannot be used in these structures. A 13 X system shall be installed per NFPA 13. 36. Provide match lines on Sheets E-1 through E-3. BBA to the 2001 FBC, X Section 104.2.1. 37. Sheets A-1 through A-7. Define on the plans if parking spaces numbered 200, X 309, 418, 527, 638, and 639 are handicapped accessible spaces. 38. Sheet A-10. Show all clear floor spaces per the Federal Fair Housing Act. X Show method of compliance for the kitchens and the bathrooms, and which design option (A or B) is being used. Vista Bella 39. Submit drawings for the Gazebo. BBA to the 2001 FBC, Section 104.2.1. X PARKS AND RECREATION Comments: 40. The Recreational Facilities Impact fee will be $269,138 based on the X following: 328 multi-family units ~ $656 ea. =$215,168 70 single family attached units ~ $771 ea. :$ 53,970 FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 41. This project requires conditional use approval from the Planning & X Development Board and City Commission. If approved, staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 42. This project is the fourth phase of the Renaissance Commons (f.k.a. X Motorola) development. The School District of Palm Beach County approved the Renaissance Commons project for 1,001 residential units for school concurrency purposes. At the time of permitting, please confirm the cumulative number of residential units approved through phases One through Four. COA 07/23/04 7 DEPARTMENTS INCLUDE REJECT 43. The SMU zoning district allows up to 20 units per acre. This phase is the X fourth phase of the Renaissance Commons project. At the time of permitting, provide staff with the project density. This density would take into consideration the entire Renaissance Commons land area (+/- 86 acres) and the approved number of units from phases One through Four. 44. At the time of permitting, on Villa Lago's site plan (sheet SP-2), eliminate the X reference to "property line" because the arrow merely points to the phase line of the project and not its true property line. 45. The "Q-1 Villa Lago" portion of the phase requires 629 spaces while the "Q- X 2 Vista Bella" portion requires 145 spaces for a grand total of 774 parking spaces. The project provides 804 spaces, or an excess of 30 spaces. This should be noted as such on the "Total Parcel Data Phase IV" on the cover sheet at the time of permitting. 46. At the time of permitting, all parking spaces, including handicap spaces, X should be labeled on Villa Lago's 1st level (sheet A-l) through the 6th level (sheet A-6) of the parking garage. Ensure that the configuration of the parking area is consistent between all plans. The total number of proposed parking spaces should match between the graphic and the tabular data on the cover sheet and on sheet SP-2. On the site plan ensure that the labels regarding the number of parking spaces for each row (including on-street parking) is correct and directly corresponds to the actual number proposed within each row. 47. The cover sheet's tabular data for "Villa Lago" regarding the required parking X is incorrect because five (5) spaces are required for the recreation area. At the time of permitting, please revise the tabular data to indicate that five (5) more spaces are required for recreation area, resulting in a total of 629 required parking spaces. Also, this information should correspond with the "Parking Distribution Table" on the corresponding site plan (sheet SP-2). 48. The "Total Parcel Data - Phase IV" on the cover sheet, the impervious X surface and the pervious surface should equal 100% of the Phase IV site. Update cover page at time of permitting. Also, on the cover sheet, ensure that the information indicated in the "Total Parcel data Phase IV" directly corresponds and agrees with the information derived from both the "Vista Lago" and "Vista Bella" portions of the project. These three (3) tables (on the cover sheet) will be reviewed for accuracy at the time of permitting. 49. The area of the brass letters proposed within the subdivision development X sign of "Villa Lago" (as shown on sheet A-15) cannot exceed 32 square feet in area (Chapter 21, Article IV, Section 1 .D.). This is the same for the "Vista Bella" development as well (as shown on sheet SP-1.1). Also, the sign walls should be setback 10 feet from the outside of the curb. 50. On the cover sheet tabular data regarding "Vista Bella", based upon the X COA 07/23/04 8 DEPARTMENTS INCLUDE REJECT proposed uses and their intensities, this portion of the project requires a total of 145 parking spaces, not 150 spaces as currently indicated. At the time of permitting, correct the tabular data to accurately reflect the tree number of the required and provided parking spaces. This table (on the cover sheet) should directly correspond with the "Parking Distribution Table" provided on sheet SP-3. Also, indicate on both tables, the correct number of spaces provided as on-street, off-street (driveway), one-car, and two-car garage parking. 51. The site plan page for "Vista Bella" (sheet SP-3), prepared by Mouriz Salzar, X incorrectly identifies the sheet as "Vista Lago". Correct the names of the plans at the time of permitting. 52. The photometric plans indicate the lighting levels but do not show the X outdoor lighting fixtures that would be used throughout the project. At the time of permitting, provide a detail of the typical freestanding outdoor lighting fixture. The detail should include the dimensions, materials, and colors. Staff recommends that its design and style be compatible with the building design (height) and poles that were used throughout Phases One through Three (Chapter 9, Section 10.F. 1.). 53. Place a note on the site plan for "Vista Bella" (sheet SP-3) that no screened or X solid roof enclosures are permitted for those units proposed along the 40-foot wide landscape buffer (along the east property line). 54. Include large sized color renderings of all elevations for both "Villa Lago" X and "Vista Bella" by Planning & Development Board meeting (Chapter 4, Section 7.D.). 55. At the time of permitting, the elevation pages for "Vista Bella", including its X clubhouse (sheet A-l) shall indicate the exterior finish, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 56. 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 with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 57. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). This native requirement should be shown At the time of permitting, please categorize as follows: · Shade trees, COA 07/23/04 9 DEPARTMENTS INCLUDE REJECT · Palm trees, and · Shrubs / Groundcover. On the Phase IV landscape plan (sheet L6 of 6), provide the total quantities and percentage of native species for both residential developments (Villa Lago and Vista Bella). PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 58. None X CITY COMMISSION COMMENTS: Comments: 59. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROdECTS\Renaissance Commons\Site Plans\Phase IV COUS 04-004\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. O~v~lopment &Z ulldlng. ngl~ee~mg )eputy City Clerk AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request use approval to allow air-conditioning installation & repair business with associated truck parking on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,//" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby v"'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Pfanning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\DO.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" PCD C3 EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID May 17, 2004 Permitted Uses, Not Requiting Environmental Review Approval. ho Personal Services 1. Carpet and Upholstery Cleaning Bo Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise fi.om the following previously prepared materials: 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manufacturing requires environmental review) Fiberglass Glass Leather Textiles Yam Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.l.b.(1), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Do EXHIBIT "B" Furniture Precision instruments Engraving, printing and publishing Retail sales are allowed for goods listed under the sections specified in I.C. 1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C. 1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A. 1 .c.(14). The specific uses within the code sections 8.A. 1 .c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. Dance Instruction is allowed only in the portion of the building on Lot 3B designated as retail. Operations Center - Requiring a mix of moderate warehouse and increased office use. 2. 3. 4. 5. 6. 7. Bank Operations Center Insurance Company Records Storage Government Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Boynton Commerce Center PID Use List Page 2 II III EXHIBIT "B" 3. Professional Engineering Offices Uses requiring Environmental Review - See Planning Departmem for Application Ao Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drags Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, insmtments, devices, and components Auto parts and equipment Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing B. Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shall not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services AH uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: Fertilizer manufacturing, sale or distribution Millwork Metal casting Boynton Commerce Center PID Use List Page 3 o EXHIBIT "B" WelC .g shops Contractor's shops, storage, or tmek parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manuf_acturing/Building cleaning and janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utiliT, ed for Lot 3B are as follows: Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 04-004 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall submit an updated Boynton Commerce Center PID master X plan showing current parking configuration, requirements, and excess parking Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT spaces. Staff will verify for completeness and accuracy prior to the issuance of the first occupational license on Lot 3B. 2. Propose the following language under the I.D.7. heading: X Offices for contractors (work shops, outside storage, and truck parking). However, oversized vehicles and / or associated equipment for contractors are specifically prohibited from parking within the confines of the standard parking stalls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\COA.doc yVinston l ee . Assocmtes, Inc. EXHIBIT "D" I_,andscape Architecture Land Planning F.S.L. #LC C~ ~6 May 17, 2004 Mr. Michael Rumpf, Director of Planning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 NAY 172004 Boynton Commerce Center Planned Industrial Development Use List Revisions Request to Allow an Air Conditioning Installation & Repair Business, with Associated Truck Parking Our File No. 02-030.06 De~Mr. Rump~ At your direction, and subsequent to verbal and written communications, this letter shall serve as a request for use approval to allow an air conditioning installation and repair business, with truck parking, to locate within the building currently under construction on Lot 3B within the Boynton Commerce Center. The use being proposed is an air conditioning and heating business which does new installations, replacements and repair of residential and commercial a/c units. The use is proposed to occupy a bay totaling 3,162 square feet, being comprised of an office consisting of 600 square feet and warehouse/shop area consisting of the remainder. The business has four standard size commercial vans and one small size box truck. One of the vans is the owner's and is taken home each night, as typically are at least two (2) additional vans. However, the business owner would like the ability to park any number of the vehicles on the site overnight unrestricted, as is allowed for similar uses in other Planned Industrial Parks within the City. The current use list allows contractor shops and storage under the Operations Center, which requires an increase office component. However, it specifically prohibits truck parking. I would like to offer that the use being proposed in not a 'contractor', but a trade. A contractor is defined as a person or firm that contracts to build things, while a trade involves the performance of skilled work. I have attached a print out from the Skilled Trades website (www. skiledtrades, corn) which lists construction and industrial trade categories. The list includes various trades, such as electrician, floor covering installer, glazier and metal mechanic, painter, plumber, refrigeration and air-conditioning mechanic, sprinkler and fire protection installer, etc. A review of the approved use list will reveal that many of these uses are allowed under Section I.C. 1. 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270 Tel: 561-689-4670 · Fax: 561-689-5559 · E-mail: winstonwla~aol.com EXHIBIT "D" Mr. Michael Rumpf May 17, 2004 Page 2 The use requested is allowed in the M-1 zoning district/industrial land use category throughout the City and fits very well into a 'flex type' building such as the one being constructed on Lot 3. Actually, the current attached use list under Section I.C. 1. already allows the uses as listed in Section 8.A. 1.c.(7). of the Boynton Beach Zoning Code. Section 8.A.l.c. heading describes storage, distribution and wholesale uses allowed and item (7) specifically allows: (7) Heating_, cooline, ventilating, refxigemtion, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. It is important to note that many of the approved uses under Section I.C.1. have an 'installation' component involved in the operation, as that is the nature of the businesses. For example, under Section 8.A.l.c.(4), many of the building materials listed, such as shades, shutters, blinds, awnings, carpeting, tile, etc., would offer installation as part of their business. Conversations with the potemial user also support the presumption that the proposed use is a warehouse/distribution use allowed under the current use list. The majority of the square footage is being proposed for a warehouse area where supplies will be stored prior to being taken to job sites. Thus, both the warehouse and distribution aspects are being performed by the business. Warehouse and distribution uses are allowed in the PID with no restrictions related to truck parking associated with those uses. Based upon the above justification, I would like to respectfully request that you reconsider the requirement that a use list revision would be required in order to allow this business to locate within the PID. It seems to follow that, if the use is considered allowed under the warehouse/distribution list and is considered a trade rather than a contractor it would, therefore, have no restrictions on truck parking. Again, other warehouse/distribution uses allowed in the PID do not have restrictions on track parking. If it is determined that a use list revision is required, I would be proposing to simply add the use of "Air Conditioning, Heating and Cooling Warehouse, Distribution and Installation" under Section I.C. 1. (see attached list). This would be in addition to the use being listed under the aforementioned item (7). I believe the addition at this section of the use list will make any concerns regarding truck parking for contractors null and void. Please be aware that the attached list takes into account the current request to allow a dance studio on Lot 3B. That request will be heard prior to this application and I can revise the list if necessary after action has been taking on that item. EXHIBIT "D" Mr. Michael Rumpf May 17, 2004 Page 3 Please feel free to call with any questions you may have or if you need any additional information. Sincerely, Joni Bfinklxm, AICP Project Planner CC: Seth Wise, Levitt Commercial Colleen Mohr, Levitt Commercial EXHIBIT "E" - DEFINITION The 2003 Florida Statutes, Title XXXI:[, Chapter 489.105 "Class A air-conditioning contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect Iow voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. "Class B air-conditioning contractor" means a contractor whose services are limited to 25 tons of cooling and 500,000 Btu of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system being installed under this classification, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect Iow voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring, Class C air-conditioning contractor" means a contractor whose business is limited to the servicing of air-conditioning, heating, or refrigeration systems, including any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system, and whose certification or registration, issued pursuant to this part, was valid on October 1, :[988. No person not previously registered or certified as a Class C air-conditioning contractor as of October 1, 1988, shall be so registered or certified after October z, 1988. However, the board shall continue to license and regulate those Class C air-conditioning contractors who held Class C licenses prior to October 1, 1988. S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\Contractor Definition.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Memorial Chapel APPLICANT'S AGENT: Mr. Richard Wensing, AIA / Richard Wensing Architects & Planners, P.A. AGENT'S ADDRESS: 901 Northpoint Parkway, Suite #109 West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval for the construction of a 773 square foot addition to an existing funeral home on a 1.21-acre parcel in the C-2 zoning district, located at 800 West Boynton Beach Boulevard. LOCATION OF PROPERTY: 800 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,,,,"'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby · '"_GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: g- ~O- 13 4 S:xPlanning~SHARED~X,b~t,PROlECT$X~oymon Beach Memorial Chapel~,DO City Clerk 1 in. = 200.0 feet R3 C2 NW '~ST AVE · ~W'f~T CT LOOATION MAP BOYNTON MEMORIAL CHAPEL EXHIBIT "a" EXHIBIT "B" N.W. 8tH STREET I BOYNTON MEMORIAL CHAPEL II R ICHARD WENSING ^ I I. ,"~'""--'~" EXHIBIT "B" BOYNTON MEMORIAL CHAPEL RICHARD WENSING/~ I/~ ,u,~,~ & ,~.,m.,, .,~ /41/-'~, EXHIBIT "B" Z BOYNTON MEMORIAL CHAPEL RICHARD WENSlNG ^ I ^ EXHIBIT "B" BOYNTON MEMORIAL CHAPEL RICHARD WENSlNQ A I A EXHIBIT "B" BOYNTON MEMORIAL CHAPEL 56i) 964 - 6727. EXHIBIT "C" Conditions of Approval Project name: Boynton Memorial Chapel File number: COUS 04-003 Reference: 2nd review plans identified as a Conditional Use with a June 15, 2004 Planning & Zoning date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. 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. 2. 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. 3. At time of permit review, submit sil~ned and sealed working drawings of the X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT proposed construction. I 4. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 5. Landscaping at project entrances shall contain a signature tree at both sides of X the point of ingress / egress (Chapter 7.5, Article II, Section 5.N.J. 6. Staff recommends preserving the existing Live Oak tree, located along the X south property line (adjacent to Northwest 1st Avenue) and adding another shade tree within this buffer in order to comply with the tree requirements pursuant to Chapter 7.5, Article II, Section 5.D. PLANNING AND ZONING Comments: 7. The proposed expansion requires conditional use approval from the Planning X & Development Board and City Commission. 8. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 9. When added together, the impervious and pervious areas should equal 100% X of the total site area. Indicate this information in the site plan tabular data (sheet P- 1). 10. The removal / relocation of trees is subject to review and approval of the City X Forester / Environmentalist. 11. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan, please categorize and quantify the plant material and quantify as follows: Shade trees, Palm trees, Shrubs & Groundcover. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS DEPARTMENTS INCLUDE REJECT Comments: 12. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 13. To be determined. ~ ~,-a,, ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Memorial Chapel\COA.doc BOYI~'OH HEHORIll.. FP~( 1,0. : 561"F34561~1 Mr. Smrmet Nm Doyton Memorial 800 W~-st lk~on B4~c. h Boulevard Bo)ton Beach, FL 33426 Dear Mr. Several performnnce ktnnd~rds (item N) s~t forth by the Ci~ of Boron De~h mil be addressed in this letter as tl~y pcflain to om' eremaror3. The following addrcncs cnch issue ts a line ~ · Noise - Om ~Tmnt~' nolle level is tolerable to anyone within d~c nme room. Decibel levels around 70-80~ dB which is comparable to a hair dry~ or a vacuum. · Vi%rations - .'~e vibrations created by our cremator arc strictly created by t 5-bp blower. ¥ibrutions ar~ hardly noticcablc from the opposite end of the crerrmmr, and practically zero from anywhere els~. in the room. · $moi~ - O~;cr~outor is equipped with ~ pm4c~ive opacity monitor which whe~ tri~emd by opacity gres~r than 15% discontinues thc cremation until Ol~0i~ levels reach normal levels. This is accomplished internally prior to discharge. · Odors, fumes and toxic mntte~' - All of' these issues arc lddressed by our operating temperature in the secondar~ chamber (1600-1800 F) and our design rctention time (> ! sec.). Main~inin~ this temperature in the afl~r ehambe~ ~nd retention time we ensure iht! odors and pollutnflts are dealt with within the nuehine beh'e entering the atmosphere. Emission levels em well below allowable sta~e, levels (Source Test Stmunarx at~hcd). · Plre/F. xpiosi6n l-hzard- Our ercmntors are Underwriter3 Laboratories, UL List~J. File number MHI~'/, ~sting Number ~7E8. l.leat, humidi.ty, or glare - ht release by our machine is mininml d~ to 11*l/21nchcsof ~mbined insuhti(m used ~o fabrlca~c thc nubbins. · Liquid waste-Not applicable. · Solid waste -. The cren~ted human renmin, are returned to the families rot fi~al disposition. · Electromagnetic Inteyferenee - None is produced by our crcmator. · Hazm'dou8 Waste - No~ applicable to our eremators. · Any questions ~ cot~ccr~q ple~ feel free to contact mc. Sincerely. Marco A. Sai~do Matthews Cren~tio~ Division