The URL can be used to link to this page

Minutes 02-01-05 f4INUTES OF THE REGULAR CITY COf4f4ISSION f4EETTNG HELD ON TUESDAY, FEBRUARY 1~ 2005 IN COf4f4ISSION CHAf4BERS~ CITY HALL~ BOYNTON BEACH~ FLORIDA~ AT 6:30 P.M. Present Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Dale Sugerman, Assistant City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent Kurt Bressner, City Manager I. OPENZNGS: Call to Order - Mayor Jerry Taylor Invocation - Chaplain Wendy Tobias and Yaeger Patel - St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Mr. Yaeger Patel from St. Joseph's Episcopal Church offered the Invocation. Commissioner McKoy led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections City Attorney Cherof stated that the Ordinances shown for second reading had to be carried over until the next City Commission meeting. An error was made in the manner in which they were noticed and published in the newspaper. The Notice of Second Reading was published today and should have been published ten days ago. Mayor Taylor asked to move the Seaview Park items forward to be heard immediately following Presentations, since there were a large number of people present for that item. I~lotion Commissioner Ensler moved to change the Seaview Park items to follow Presentations. Commissioner Ferguson seconded the motion that passed unanimously. Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 City Attorney Cherof commented that the Seaview Park items had arisen out of discussions between the interested parties regarding amended conditions of approval. The conditions of approval were made to the site plan and not to either of the two items on the agenda. This is the last meeting at which the City Commission could reconsider the approval of the site plan to add, modify, or delete conditions. Commissioner Ensler stated that during the pre agenda meeting, the Commissioners discussed sending Item XII.B-1 (Amending the LDR, Chapter 22 - Streets and Sidewalks) to the CRA. There was consensus to table Agenda Item XII.13-1 so it could be sent to the CRA for review. Commissioner Ensler asked if the Commission should table the Knollwood Groves item since staff indicated there was no Site Plan. The Planning & Development Board denied this item for lack of a Site Plan. Dick Hudson, Senior Planner, stated that there was a Master Plan for review at this meeting. A sketch Master Plan was shown at the Planning & Development Board meeting and a final version has been presented. There were no other corrections, additions, or deletions to the Agenda. 2. Adoption Iqotion Commissioner Ferguson moved to approve the agenda as amended. Commissioner McKoy seconded the motion that passed unanimously. ZZ. OTHER: A. Informational items by Members of the City Commission 1) Address Mr. Doug Hutchinson - Vice Mayor Mack McCray Vice Mayor McCray asked City Manager Bressner why Mr. Tillman was removed as Vice Chair of the Community Redevelopment Agency. City Manager Bressner advised him that an Interim Vice Chair had been chosen. Vice Mayor McCray referred to the minutes from the CRA meeting of January 11, 2005 in which Chairperson Heavilin had noted that there was no Vice Chair. She asked Mr. Hutchinson if the Board could elect a second signatory in the event she was not available to sign checks. Attorney Spillius requested that the appointment of a Vice Chair be added to the City Commission 2 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 agenda. Mr. Bressner stated at the time that this was usually done during the last week in March. For the record, no Interim Vice Chair was appointed. Mr. Myott offered a motion that Don Fenton be appointed as a signatory for the CRA until a Vice Chair was appointed, but Mr. Fenton declined. Mr. Fenton nominated Stormet Norem as an alternate signatory for the CRA until a Vice Chair was appointed. The motion passed unanimously except for Mr. Norem's abstention. Vice Mayor McCray was concerned because Mr. Norem had only been on the CRA for one week and considering the amount of money spent by the CRA, he found this unusual and asked for an answer after the CRA retreat. Vice Mayor McCray advised Mr. Hutchinson that he would not be going to the retreat because he felt the money would be better spent in the City of Boynton Beach. He commented that if there were anything else, it would be covered during their monthly meeting on the last Tuesday of each month, in the Chambers, without the presence of Mr. Bressner. 2. Address City Manager Bressner - Vice Mayor Hack McCray Since City Manager Bressner was ill, Vice Mayor McCray asked to table this until the Commission's next meeting. 3. Report from District !n reference to a comment he had heard about his "showboating," Vice Mayor McCray stated that District !! was a part of the City and was going to be an active part of the City. He was merely asking that all the Districts be treated fairly. He was not "showboating," or anything like that. !f there was anything that could be done for District !T or for the City at large, this is what they wanted to do. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association Vice Mayor McCray asked that the contribution of $1,000 from Vice Mayor McCray's Commissioner's Discretionary Funds for the Heart of Boynton Ministerial Alliance be tabled until the City Commission's next meeting. City Manager Bressner is waiting for informational material from the Alliance. Discuss Human Resources Director Recruitment Schedule - Vice Mayor Mack McCray Vice Mayor McCray stated that when the budget had been done, the Commission said that it would not look for a Human Resource Director for six months. However, a City of this size needs a Human Resource Director. He was glad that the recruitment would 3 Meeting Minutes City Commission Boynton Beach, Florida February1,2004 begin in February and hoped that a Human Resource Director could be on board in April. Commissioner Ensler commented about the workshop the previous evening on the Town Square, the Old High School, and the Park & Recreation Plan. He wanted to talk about the high school. There was a lot of emotion associated with the high school and a lot of people wanted to see it preserved. Staff had recommended in the past that the high school not be kept. Recently, there had been no indication from staff about any interest in using the building, except on an interim basis. More important, there had been no serious proposals from any of the groups who had expressed interest in retaining the high school. If there are people present who believe that the high school should be retained, there had to be serious consideration given by them in terms of 1) what will it be used for, 2) how will it be financed, and things of that nature. He suggested that interested parties get involved with Mr. Hutchinson of the CRA or one of the organizations who were trying to come up with a plan. This would help the Commission to make the right kind of decision when the issue comes up at the meeting in March. Mayor Taylor felt that an insinuation had been made that District II had not been treated fairly when actually, many thousands of dollars had been spent on making improvements in that district. District II had been given as much, if not more, than the other districts and this would continue to happen. On a positive note, Mayor Taylor commented that Mr. Jim Knight had purchased the Gulfstream Hall, the home of Club Ovation, which has been the source of many Police calls and problems. Hr. Knight is negotiating with the owner of Club Ovation to purchase it, and the situation looks hopeful. T~"r. ANNOUNCEMENTS, COMMUNZTY & SPECTAL EVENTS, & PRESENTATIONS: A. Announcements: Four Chaplains Sunday - February 6, 2005 - Service at 7:00 p.m. at Ascension Lutheran Church, 2929 Seacrest Blvd. - Light refreshments will be served B. Community and Special Events: Boynton Beach City Library - Brown Bag Series 2005 - February 7t~ and February 14th and February 28th, 2005 from 12:00 Noon to 4 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 1:00 p.m. in the Library Program Room - Sponsored by the Friends of the Library - Free to the public 'The Friends of the Library" are hosting their 16th Annual Benefit Luncheon on Monday, Feb 21, at Benvenuto's Restaurant. The author is .lames W Hall, whose newest released book is Forest~ of the IVi§ht, will be available for sale and autographing at the Luncheon. For tickets, call the Library. Heritage Festival - Month-long celebration of Black History Month that informs the public of the ties that bind the African- American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. Wayne Segal, Public Affairs Director, reported that February was Black History month and the Heritagefest Committee had prepared a month of activities that motivate, empower, and inform the public of the ties that bind our community together through the enjoyment of the arts, education, and pride in African-American accomplishments and heritage. Week 1: Art in the Park City Library February 5 10:00 a.m. Spelling Bee City Library February 5 11:00 a.m. Essay/Oratory Contest City Library February 5 12:00 p.m. Art & Science Competition Boynton February 5 1:00 p.m. Beach Mall Week 2: Basketball Tournament Hester February 12 9:00 a.m. Center Basketball Tournament Hester February 1! 6:00 p.m. Center Movies on the Avenue Ocean February 11 7:00 p.m. Avenue Basketball Tournament Hester February 13 TBD Center Week 3: 5 Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 Book Fair VIP Autograph Poinciana February19 5:00p.m. Session Book Fair General Public Poinciana February 19 6:00 p.m. Coronation Poinciana February 19 7:30 p.m. Youth Awards Poinciana February 19 8:30 p.m. Week 4: Parade Seacrest February 26 4:00 p.m. Concert- "An International Affair" · R&B - Classique, MLK February 26 6:00 p.m. Regina Bell & Howard Hewitt · Reggae - Glen Washington · Trinidad and Tobago - Trinny · Latin (TBD) International Celebration (Around the World in one day Wilson February - Elementary Schools adopt a Park 24, 25, 26 country) MLK Carnival & 27 C. Presentations: 1. Proclamations: a. "Four Chaplains Sunday"- February 6, 2005 Mayor Taylor read the Proclamation for Four Chaplains Sunday. 2. "Read Boynton" Program - Presentation by Boynton Beach Community High School Principal William Latson Mayor Taylor introduced the Principal of the Boynton Beach High School, William Latson, to speak about Read Boynton. Mr. William Latson spoke of the importance of reading and its relationship to performance in school. The Boynton Beach High School is working with the Boynton Beach Library to encourage reading and assist in improving test scores of the students in Boynton Beach. This is a pilot program that would use high school students and 6 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 volunteers to work with students after school in the Library. ]t will take place on the second and fourth Thursdays of each month from 6:00 p.m. to 8:00 p.m. Mr. Latson believes that there is a direct correlation between the amount that a child reads and improved test scores. He stressed that they were focusing on generating a love of literacy as opposed to the structured learning students experience in school. Myra .1ones, 311 N.W. 4th Avenue, Boynton Beach, spoke on behalf of the City's Library Board and Virginia Farace, Library Director, who could not be present. Ms. _1ones is the Facilitator for the African American Book Club and an FCAT tutor at the Library. A warm welcome was extended to Principal Latson with gratitude for his support for the vitally important Read Boynton program. The fo/lowing two items were moved up /n order on the agenda during agenda approval. VII.A-9 Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04- VII.A-10 Proposed Ordinance No. 05-007 Re: Rezoning from R-3 Multi- family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) (Seaview Park Club) Mayor Taylor advised that both parties had agreed to reconsider several conditions of the site plan if the Commission was willing to do so. If approved, the items will be heard at the City Commission's next meeting on February 15. Motion Commissioner Ensler moved to reconsider the Seaview Park Club items. McCray seconded the motion that passed unanimously. Vice Mayor ZV. PUBLIC AUDIENCE: INDIVZDUAL SPEAKERS WILL BE LIMTTED 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, Woodfern Drive, Boynton Beach, asked whether the City would be hosting a dinner for the volunteer Board members this year, and Mayor Taylor responded affirmatively. 7 Meeting Minutes City Commission Boynton Beach, Florida February l, 2004 Mr. Suss expressed his strong disapproval of the CRA spending money to go on a retreat to Naples. He thought it should have been held in Boynton Beach. He was also concerned that the CRA was not moving fast enough and that the City should reconsider whether or not the CRA should continue in its present form. Mr. Suss commented on the many times he heard from the dais that appointments were passed on due to lack of candidates for Boards. He wanted the City to consider allowing individuals to serve on more than one Board. Mayor Taylor responded that Mr. Suss had brought this idea up several times, but no one had been willing to take up that cause. Mayor Taylor commented that when the City considered the Visions 20/20 Plan, one hundred people went out of the City. The CRA was planning multi-million dollar projects and needed to be able to focus on this without distractions. The CRA is having its retreat in a town that went through revitalization and this is why it was chosen. Mayor Taylor did not feel that the amount of money they were spending was exorbitant, especially since it was during "the season." Alan Silverstein, attorney representing 3afus & Bonnie Crawford of 121 N.E. 16th Avenue, Boynton Beach, came to the podium. The Crawfords were given a reduction in their Code Compliance lien to $730.00 from the original $40,830.15. They were given 90 days to pay the $730.00. When they did not pay within the 90 days, the lien reverted back to $~,0,830.15. The Crawfords were applying to refinance their home and the $730 would have been paid out of the proceeds of that sale. The Crawfords lost track of the time. The refinance is ready to go forward now, but cannot proceed because of the lien against it. He stated that this property was Homesteaded by the Crawfords and the way he understood the City's Code, no lien would apply to Homesteaded property. He was advised to come before the City Commission and present the situation. Mayor Taylor asked whether the Commission would be allowed to give the Crawfords some relief in this situation. City Attorney Cherof stated that it would have to be added to the Agenda and also, the Code provision that Mr. Silverstein alluded to contained language that no extensions of the 90-day period shall be permitted. No further action by the Code Board or the City Commission is permitted regarding lien reduction. That was a very firm 90-day period. If it gets added back on the agenda, he would see if there were some way to interpret this differently. City Attorney Cherof asked Mr. Silverstein to call him on the day following this meeting to discuss this. Mayor Taylor asked that this item be put on the Agenda for the February 15, 2004 meeting. 8 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Warren Timm, 130 N.E. 26th Street, Boynton Beach, thanked Assistant City Manager Sugerman for sending a detailed description of the City's position on many issues. He commented that at the last meeting, Mayor Taylor had criticized Mrs. Warren for sending out a newsletter to the Community Associations of Boynton Beach in which there were several inaccuracies. Mr. Timm indicated that he had actually prepared that letter and he proceeded to explain two of the items that had been in error. Mr. Timm stated that while this organization and the City might see things differently on certain issues, it was important to keep the lines of communication open in order to improve the City for all. Mayor Taylor expressed his willingness to speak to this organization or its members at any time; however, he did hope that before such a widespread dissemination of information, that the writer would check his or her facts. There were more than just the two inaccuracies Mr. Timm mentioned and Mayor Taylor offered to meet with him to go through it. Mr. Timm stated that the main source of the information in the letter was from the Web site of the Department of Community Affairs and the City's budget message. 3oan Thomas, 418 N.W. 11th Avenue, Boynton Beach, explained her troubles with the landlord of the property in which she lived, citing rent increases and so forth as grievances. Scott Blasie, Code Compliance Administrator, explained that this property had been cited for violations of the City's Codes. Tn order for the landlord, William Ganoe, to obtain an occupational license for rental property, the property must be renovated. In order to renovate, the apartments have to be empty and it would be necessary for Ms. Thomas to pack up and relocate temporarily. Code Compliance was not able to get into Ms. Thomas' apartment in order to do an inspection due to a large amount of clutter. Ms. Thomas had been charged an extra $100 a month in rent for Mr. Ganoe to accomplish the renovations and the renovations had not been done in a timely fashion. He commented that Code Officer Courtney Cain and the Faith-Based Development Corporation were trying to help Ms. Thomas. Mayor Taylor commiserated with Ms. Thomas' plight, but stated that this was a civil matter on private property and the City could not intervene. Assistant City Manager Sugerman directed Ms. Thomas to a Landlord/Tenant Mediation Service run by Palm Beach County. He asked her to telephone Mr. Blasie's office for the name and phone number of this organization. Mr. Reinhardt, 1801 South Flagler Drive, West Palm Beach, expressed interest in purchasing land from the City that was not currently for sale. The property addresses are: N.E. 7th St. at MLK Boulevard, Lots 10 and 20; and N.E. 8th Avenue & 7th Street. 9 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mr. Reinhardt requested that the City appraise the property so he could determine what he would have to pay for it. Of course, the City would also have to determine if it wished to sell these properties. Mr. Reinhardt distributed a one-page document containing the descriptions of the subject properties. Mr. Reinhardt's telephone number is 561-762-5100. Commissioner Ensler noted that the properties were in the CRA area and suggested that Mr. Reinhardt contact the CRA to discuss this. Mayor Taylor stated that Mr. Reinhardt would get a phone call when the item was put on the Agenda of the CRA and/or the City Commission. Alice Warren, 1719 Woodfern Drive, Boynton Beach, wanted to be sure that the Community Association of Boynton Beach and the City enjoyed cordial relations. Ms. Warren was proud of the City and the work it did. She inquired about the status of the FPL power line issue on Woolbright Road and Congress Avenue. Ms. Warren was distressed about reading negative press in the paper about the City. She looked forward to a day when she could open the newspaper and see some good news. Mayor Taylor referenced the City's concerns about FPL's proposed high power transmission lines on Woolbright Road and Congress Avenue. He and City Manager Bressner had met with FPL the previous Friday. He felt that FPL was trying to work with the City's suggestions and address the concerns that the City brought forward, but it was not yet finalized. Stormet Norem, Boynton Memorial Chapel, 800 W. Boynton Beach Boulevard, spoke about the new lighting at Little League field. Mayor Taylor advised that this item would be pulled from the Agenda so that Mr. Norem could speak about it. Brian Edwards, 629 N.E. 9th Avenue, Boynton Beach, stated that he also lived in District T! and that when Vice Mayor McCray stated he was speaking for District TI, he did not agree with Vice Mayor McCray on each and every issue in District !I, where he resides. This would be especially true in respect to any reference that this Commission was not representing District !!. Vice Mayor McCray stated that he had not said this. Mr. Edwards had attended a national conference with Vice Mayor McCray where he was proud to stand before many people and commend Vice Mayor McCray and this Commission for working with District T! on several items, including the Heart of Boynton and storm water drainage. Mr. Edwards agreed with Vice Mayor McCray's comments about Mr. Norem and his service on the CRA Board, and he appreciated Mr. Norem's stepping up to do what had to be done in that situation. Regarding the old high school, he took exception to Commissioner Ensler's statement that no one had stepped forward to assume responsibility for this. The Cultural Center had certainly done so many months before. They could not raise any money unless they had an idea that the 10 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 building would be standing. The Cultural Center would be glad to partner with anybody to try to raise money and make that building what it could be for the City. On Thursday night, the Cultural Center, Inc., had its first Family School Night. He offered thanks to Ms. Arleen Dennison, Marian Cheney, Susan Buchanan, and Nancy Ernst who put that together. Robert Brown, 701 S. Seacrest Boulevard, Boynton Beach, stated that in the Lake Addition to Boynton, east of Federal Highway, some of the streets such as N.E. 7th and N.E. 8th, 9th, and 10th have 20 or 30 small children in residence. When the cars are parked adjacent to the road and kids come out on scooters and bicycles, you cannot see them until they are out in your lane. He asked the City Commission to study this and lower the speed limits in some neighborhoods to 10 miles per hour. Also, north of the Palm Beach Canal, Federal Highway has a speed limit of 25 miles per hour all the way into West Palm Beach. He asked the City to check the Department of Transportation accident reports and see if it might be appropriate to lower the speed limit on Seacrest Boulevard to 35 miles per hour. Mayor Taylor responded that the Police Department had put out flyers that were sent to 27 schools in the community, in three different languages, about the scooters. All the children should be aware of what the law requires in this respect. Mayor Taylor closed the Public Audience. V. ADMINISTRATIVE: Accept the resignation of .layne Kupperman, Regular member of the Community Relations Board Motion Commissioner Ferguson moved to accept Ms. Kupperman's resignation, with thanks for her service. Vice Mayor McCray seconded the motion that passed unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date l'V McKoy (2) Mayor Taylor (2) Bldg. Bd of Adj & Appeals Alt Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07Tabled 3 yr term to 4/07Tabled 11 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 ! Ensler (2) ~! McCray (2) Bldg. Bd of Ad.i & Appeals Alt Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05Tabled 1 yr term to 4/05Tabled III Ferguson (2) Cemetery Board Alt 1 yr term to 4/05Tabled III Ferguson (2) IV McKoy Code Compliance Board Code Compliance Board Alt Alt 1 yr term to 4/05Tabled 1 yr term to 4/05 I Ensler (3) II McCray (2) III Ferguson Community Relations Board Alt Community Relations Board Alt Community Relations Board Reg i yr term to 4/05Tabled 1 yr term to 4/05Tabled 3 yr term to 4/06 III Ferguson (3) Education Advisory Board Stu 1 yr term to 4/05Tabled Vice Mayor McCray, Commissioner McKoy, and Commissioner Ensler tabled their appointments due to lack of candidates. Commissioner Ferguson tabled his appointments for the same reason, but did appoint Stanley Sorgman as a Regular Member of the Community Relations Board. Motion Commissioner Ferguson moved to approve the appointment of Stanley Sorgman as a Regular member of the Community Relations Board. Commissioner Ensler seconded the motion that passed unanimously. Commissioner Ferguson had asked that Mr. Sorgman's term of service go through April of 2008. City Clerk Prainito explained that Mr. Sorgman was filling out the balance of Ms. Kupperman's term and so the expiration of his service would fall in April of 2006. Mayor Taylor stated that the City was always looking for people who wanted to serve on its Boards. VI. CONSENT AGENDA: 12 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - January 14, 2005 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget Approve the piggyback of Palm Beach County Bid #04-043/VMG with FLORIDA BEARINGS, INC. of West Palm Beach, Florida, to purchase EMU pumps which are used in the Utility Department in order to keep the lift stations operating. These pumps are ordered on an "as needed" basis with an annual expenditure of $75,000 Approve the "SURPLUS VEHICLE/EQUIPMENT LISTS" thirb/ two (32) items as submitted by Public Works/Fleet Maintenance and allow for the sale of same Approve a piggyback of Collier County, Naples, Florida, Bid #02- 3350 with U.S. FILTER WASTEWATER GROUP, INC. of Poway, CA, to purchase two (2) Bio-filters, which are used for odor control in the wastewater collection system in the amount of $68,250 each for a total of $136,500 Award the "SENIOR CENTER PHASE III RENOVATION" BID #008- 2413-05/]A to CEM ENTERPRISES, INC, of Apopka, Florida, in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200 (PROPOSED RESOLUTION NO. R05-0.~4) Commi~ioner En$1er asked to pull Agenda Item VI.B-4 for discussion. C. Resolutions: Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY .~, 2005 Vice Mayor McCray asked to puli Agenda Item VI.C-1 for discussion. 13 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Proposed Resolution No. R05-015 Re: Authorizing the execution of Agreements for Water Service Outside the City Limits for all of the properties located within the Avondale Pines Subdivision, an existing subdivision on private wells that will have potable water lines installed by Palm Beach County for connection to the City of Boynton Beach's water distribution system J Proposed Resolution No. R05-016 Re: Executing a Special Warranty Deed conveying title to Barbara .losey for Lot 172, Block A, BOYNTON HILLS, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida Proposed Resolution No. R05-017 Re: Executing a Special Warranty Deed conveying title to Shankica Perry for ROLLING GREEN RIDGE FIRST ADDI~ON, Lot 9, Block 22. The above being the real property described under tax certificate number 143091 in the tax deed recorded in Official Record Book 13452, Page 716, Public Records of Palm Beach County, Florida Proposed Resolution No. R05-018 Re: Authorization to apply for funding towards the development of .]aycee Park, from the 2004/05 Land and Water Conservation Fund (LWCF) Proposed Resolution No. R05-019 Re: Approving and authorizing Amendment No. 4 to Task Order No. 1 to Brown and Caldwell, [nc., in an amount not to exceed $54,000 to provide utilities management services on a full-time basis through March 15, 2005 and on a part-time basis thereafter through April 15, 2005 Vice I~layor McCray asked to pull Agenda Item VI.C-6 for discussion. D. Ratification of Planning & Development Board Action: Grove Plaza Parcel C (MPMD 05-003) - 3490 Hypoluxo Road - Request for Master Plan Modification approval to convert Parcel "C' from a proposed 6,540 square foot retail use to a 6,832 square foot minor automotive repair facility E. Ratification of CRA Action: None 14 Meeting Minutes City Commission Boynton Beach, Florida February 1~ 2004 Ratify the City Manager's action to accept a proposal from Florida Electric Contracting Service, Inc. for replacement of the lights at the Little League Park in the amount of $73,575 (TABLED OIV3ANUARYI~, 2005) (Staff has recommended an alternate bid from C. R. Dunn, Znc. at a cost of $53,930.) Vice Hayor klcCray asked to pull Agenda item V[.F for discussion. Approve full release of surety covering the water and sewer systems for the project known as Medical Arts Professional Center, Ltd., and returning Letter of Credit No. 637961-1 from Fidelity Federal Bank & Trust to the developer, Hematology Oncology Associates Properties, Inc. in the amount of $101,597.10 Approve full release of surety covering the water and sewer systems for the project known as Tuscany Bay (fka Lieder PUD) and returning Letter of Credit No. ATL/P601403 in the amount of $1,291,910 from SunTrust Bank to the developer, Centex Homes Motion Commissioner Ferguson moved to approve the Consent Agenda as amended. Mayor McCray seconded the motion that passed unanimously. Vice Consideration of Agenda Items Pulled for Discussion Consent Agenda Item VI.B-4. Award the "SENIOR CENTER PHASE III RENOVA TION"BID #008-2,t15-05/JA to CEM ENTERPRISES, INC. of Apopka, F/or/da,/n the amount of $428,000 p/us a ]5% contingency to be inc/uded for a tota/ of $492,200 (PROPOSED RE$OLI. ITZON NO. R05-0:14) Commissioner Ensler asked for details about the litigation history of the selected supplier, CEM Enterprises, Inc. _]eft Livergood, Public Works Director, stated that City staff and the architect discussed the litigation history with CEM Enterprises, [nc. and did not find that the history was serious or significant to the point that they would be eliminated as a bidder. David Stump, Project Engineer for the City, stated that CEM Enterprises, [nc. had disclosed the litigation at the bid opening. The litigation had been instigated by CEM Enterprises, [nc. for non-payment and he listed the clients involved. The City met with Matthew Carlson, Project Director for CEM, to discuss the litigation. CEM had done a 15 Meeting Minutes City Commission Boynton Beach, Florida February1,2004 large amount of work, including Change Orders, for which they had not gotten paid. The actions did not seem unreasonable to the City or to Mike Flaherty of CH2M Hill. They had done a lot of work for the U.S. Postal Service and the Department of Transportation, both of whom were pleased with their work. Commissioner Ensler stated that this was a modification of an existing facility and those were typical of the kinds of work efforts that could have lots of changes submitted. He wanted to watch it very carefully to see if the City was going to get surprised by changes. Motion Commissioner Ensler moved to approve Consent Agenda item Vi.B-4, to award the Senior Center Phase iii Renovation Bid #008-2413-05/.1A to CEIVi Enterprises, inc. in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200. Commissioner Ferguson seconded the motion that passed unanimously. Consent Agenda Item VL C-1 Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY ~, 2005 Motion Commissioner Ferguson moved to remove Consent Agenda Item C-1 from the table. Commissioner Ensler seconded the item that passed unanimously. Vice Mayor McCray asked to pull this item to request that it be tabled until the next meeting. To vote on this fairly, the City Manager had to be present. Motion Vice Mayor McCray moved to table Consent Agenda item VI.C-1 to the next meeting of the City Commission. Consent Agenda Item VL C-6 Proposed Rose/ut/on No. RO5-O19 Re Approving and authorizing Amendment No. 4 to Task Order No. i to Brown and Caldwel/, Inc., in an amount not to exceed $5't, 000 to provide u&Tities management services on a fu//- time basis through March 1~, 2005 and on a part-t/me basis thereafter through Apr//1~, 2005 Vice Mayor McCray referred to a conversation that took place during the City Commission Agenda Preview Conference on December 3, 2004. in this conversation, Vice Mayor McCray asked City Manager Bressner if the $39,260 amendment to the Task Order included the Utility Director services of Brown & Caldwell through February 15, 2005, and City Manager Bressner responded that this was the total cost. City Manager Bressner anticipated that this would be enough time to orient the new Utility Director 16 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 and that thereafter, the services of Brown & Caldwell should not be necessary. Vice Mayor McCray wanted assurance that Mr. Bressner would be the liaison to insure that the new Utility Director was fully acclimated. Mr. Bressner said he would be responsible for this. Vice Mayor McCray realized that a new Utility Director was coming on Board on March 1, and he did not want the Brown and Caldwell services to continue after April 15, 2005, unless some dire matter arose with the new Utility Director. Motion Vice Mayor McCray moved to approve Proposed Resolution No. R05-019 approving and authorizing Amendment No. 4 to Task Order No. i to Brown and Caldwell, ]~nc., in an amount not to exceed $54,000 to provide utilities management services on a full-time basis through March 15, 2005 and on a part-time basis thereafter through April 15, 2005. Commissioner Ferguson seconded the motion that passed unanimously. Consent Agenda Item VZ.F to accept a proposal from F/or/da Electric Contracting Service, Inc. for replacement of the//ghts at the L/tt/e League Park/n the amount of $73,575 (TABLED ON JANUARY 18, 2005). (Staff has recommended an alternate bid from C.R. Dunn, Inc. at a cost of $53,930.) Stormet Norem, Boynton Memorial Chapel, 800 W. Boynton Beach Boulevard, came to the podium. Mr. Norem believed that a new, World class, Little League Park should be built in Boynton Beach. He felt that a new site had not been researched enough at the time the City Commission looked into extending Boynton Beach Memorial Park Cemetery. Also, that study had been generated internally and he did not believe that any income figures had been factored in. He hated to see money being spent on the Little League Field when it could be used for a new field. He referred to the growing population of the City and the increased need for the Cemetery. At some point, he felt that the City needed to take another look at expansion to the west of the existing Cemetery, although that was not the purpose of his comments. He suggested a feasibility study with outside individuals, and he would be glad to serve on an ad hoc committee. He felt that a new Little League Park could be built without raising taxes or issuing bonds and that it would pay for itself. The new park would be up and running before anything was done with the existing one. Mayor Taylor stated that the Commission would take Mr. Norem's comments into consideration. At the time the decision was made by the Commission previously, it did not want to extend the Cemetery into the Little League Field and there was no other Little League Field site at the time. If the Commission wished to reconsider this, it would have to be put into the City's Capital Improvement Plan program. The lighting was a fix for the lights that had been damaged during the recent hurricanes. 17 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Vice Mayor McCray concurred with Mr. Norem's remarks. He had served on the Cemetery Board and recalled that the earlier survey had not been accepted because the feeling was that they wanted to get rid of the existing field before finding a new one. The study group had wanted the Commission to go out and find a place for a new Little League Field. Motion Vice Mayor McCray moved to approve Consent Agenda Ttem VI.F, to ratify the City Manager's action to accept a proposal from C. R. Dunn, [nc. at a cost of $53,930 to replace the lights at the Little League Park. Commissioner Ferguson seconded the motion. Vice Mayor McCray suggested that the term "not to exceed" be included in the motion with reference to the price. Vice Mayor McCray and Commissioner Ferguson agreed to add "not-to-exceed" before $53,930. The motion passed unanimously. VTI. CODE COMPLIANCE & LEGAL SE'FrLEMENTS: None VIII. PUBLIC HEARING: AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS THE Mayor Taylor announced the first reading of Proposed Ordinance No. 05-008. City Attorney Cherof read Proposed Ordinance No. 05-008 by title only. City Attorney Cherof administered the oath to all who planned to testify during the public hearing. At Mayor Taylor's request, and with the permission of the applicant and all interested parties, all three High Ridge agenda items were discussed concurrently. A. Project: Agent: Owner: Location: Description: High Ridge/New Urban Communities (ANEX 05-001) Timothy Hernandez and Roger Decapito of New Urban Communities, [nc. Paramount Investment Group Northwest corner of High Ridge Road and Miner Road Request to annex ±18.438 acres of land currently designated MR-5 (5 du/ac) and LR-2 (2 du/ac) and zoned RS (Single Family Residential) (Palm Beach County) (1sT READI'NG OF PROPOSED ORD1'NANCE NO. 05-008) 18 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 B-1. Project: Agent: Owner: Location: Description: High Ridge/New Urban Communities (LUAR 05-002) Timothy Hernandez and Roger Decapito of New Urban Communities, Tnc. Paramount Tnvestment Group Northwest corner of High Ridge Road and Miner Road Request to amend ±18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (HDR) (,~ST READ.rlIIG OF PROPOSED ORDXIVAIVCE NO. 05-009); and Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1s"r READ.rNG OF PROPOSED ORD_rNANCE NO. Proposed Use: Single-family residential and townhouse community Tim Hernandez, Principal of New Urban Communities, Inc., owner of the property located at the northwest corner of Miner Road and High Ridge Road, addressed the Commission. He briefly outlined the history of his organization, stating that they had been focused on doing infill redevelopment and traditional neighborhood development projects throughout South Florida, in Broward and Palm Beach Counties. Mr. Hernandez explained the design practices of his group. He cited a quote from Mike Bush of the Treasure Coast Regional Planning Council, where he said that of all the people who were building in his area, New Urban Communities, Inc. was about the best for infill development. Mr. Hernandez showed aerial views of the property. He stated that High Ridge Road was a mixed-use area already. They were proposing two different things: 1) town homes of Mediterranean and Anglo-Caribbean style ranging form 1,850 to 2,000 square feet under air, with a total square footage including garage and balconies averaging 2,200 to 2,500 square feet. The lowest priced one will be $325,000 and go up to $400,000; 2) single family homes of 2,200 to 4,000 square feet, three to five bedrooms. Mr. Hernandez showed a copy of the site plan. Town homes are sited along the edge of High Ridge and Miner Roads and going to the north, the homes are all single-family detached. There is a Recreation Center in the middle surrounded by a lake. Streets were provided along the west edge of the property for future interconnectivity to the property to the west and to the north, when they are developed. 19 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 New Urban Communities was requesting three things, 1) annexation to Boynton Beach; 2) a Land Use Plan Amendment from Palm Beach County Medium Density Residential and Low Density Residential to Boynton Beach Medium Density Residential (They had originally applied for High Density, but at the Planning & Development meeting the previous week, had agreed to do Medium Density); 3) rezoning from Palm Beach County RS to Boynton Beach PUD, and Master Plan approval. Mr. Hernandez displayed a list of land use/rezoning justifications. Using conservative pricing and considering the current millage rate of Boynton Beach, Mr. Hernandez stated that this project would generate over $1M in additional property taxes for the City of Boynton Beach each year. This includes deducting the Homestead exemption and assuming that the properties are appraised at 85% of fair market value. Also, according to the Business Development Board of Palm Beach County, 10% of the house value is what the average household spends in the local community. If this were applied to this development, there would be about $6M per year of additional spending in Boynton Beach. They had met with the Cedar Ridge Homeowners Association and he thought it had been mutually beneficial. Hanna Matras, Planner, commented about the Land Use and Opportunities Section of the Comprehensive Plan Future Land Use Support document, saying that there was a section advising Low Density Residential Land Use on this particular parcel. She stressed that this section was part of the Comprehensive Plan and had been adopted by reference, but since last year, it was no longer part of the Comprehensive Plan. Staff has done a more detailed review of the surrounding land uses. Having done that they think that there would be no significant Land Use conflicts. About 30% of the perimeter of the project is bordered by industrial uses and the density of the town homes in Cedar Ridge are built at a little over 9 dwelling units/acre (du/acre). About 1,300 feet south of the subject property, Canterbury is built at over 9 du/acre. Staff believes the applicant has done an outstanding job of providing a perfect transition for this area. The staff report discusses this project in depth and is available from the City Clerk's office as a public record. Staff recommended approval of all three requests. Mayor Taylor opened the Public Hearing. Herb Suss, citizen of Boynton Beach, was in favor of the project, but asked how many units were anticipated. Ms. Matras responded, 174 units. Mr. Suss thought that with two cars per family on average, that this would increase the traffic in the area by 300 cars. 2O Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mayor Taylor responded that the County had looked at this and while there was heavy traffic in the morning and afternoon, it was still 35% of the traffic that was allowed on High Ridge Road. Mr. Hernandez stated that it was actually 38% of capacity for the road and that a two-lane arterial road in Palm Beach County has a capacity of 14,900 cars per day. The 2004 traffic counts showed 5,700 a day on High Ridge Road. The traffic could be tripled on this road, and it would still be under capacity. Ms. Matras commented that the only potential crisis area was the intersection of Hypoluxo and High Ridge Roads, which was close to capacity during the peak morning and evening hours. The formal analysis of the impact of the project on the intersections will come with the site plan. The County Traffic Engineer assured Ms. Matras that there was no way that one project could tip this into the failing intersection state. Richard Levy, 1973 Tom a Toe Road, Boynton Beach, FI 33426, read a letter from Susan Larsen, another resident from his street, who felt as he and most of the others on the road did that if development had to occur, it should be at Iow density only. Also, this project would change the rural character of the area to an urban one, something that no one wanted. Where would the ingresses and egresses be to the property? Would they all be on High Ridge Road? How much green space was the developer offering? Would the pine trees be kept? What would happen to the horse cemetery on the site of the stables? The City could buy this property for a nice 18-acre park. The City seems to be allowing more and more density without concern for green space, parks, recreational facilities, and traffic. He referred to a conversation with County Commissioner Warren Newell, who believed that this area should have Iow density. Karen Garren, High Ridge Road, expressed concern about the amount of traffic this project would generate. Although the speed limit was 30 mph, the actual traffic went much faster than that. She was concerned about what it would do to her property values. Also, she would be personally affected if High Ridge Road needed to be widened. She asked for Iow density in any development in the area. Danny Underwood, 28 Maplewood Court, Boynton Beach, lives directly east of the proposed project. He was impressed with it, having visited some of the other developments in Delray Beach and Jupiter that this developer had completed. This site was not suitable for a park because a park would bring in and out traffic whereas the proposed project would only have destination traffic. Michael King, 10 Redwood Court, Boynton Beach, President of the Cedar Ridge HOA and President of the Community Master Association, present with several Board members and neighbors. He thanked the developer for meeting with them and addressing their concerns. Most of the 30-40 people who attended were in favor of the project. Most people were primarily concerned with the increase in traffic 21 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 from the many developments taking place at the southern end of High Ridge Road and the Publix complex planned for Gateway just to the west. Adding the proposed project to it would increase traffic hazards in some places. This would worsen with the opening of the Canterbury project. Several Planning & Development Board members expressed concern about the peak hour rush traffic, which was already unacceptable. Tt was now necessary to sit through 2 or 3 generations of a light before being able to go through the intersection in the morning. The intersection of Gateway Boulevard and High Ridge Road was also too close to the southern on ramp for ]-95. Mr. King asked Ms. Matras whether she had compared the density of the proposed project with the town home community of Cedar Ridge. Ms. Matras said that was correct, and that the proposed project was only consistent with the town home portion of the Cedar Ridge PUD, not when the entire Cedar Ridge PUD was considered. Mr. King stated that the entire Cedar Ridge PUD was built out at 4.6 to 4.8 du/acre. The Cedar Ridge PUD was Iow density, and Mr. King's point was that it was not consistent with the medium density project that was proposed. Ms. Matras contended that density was a relative thing - it had a visual component and a mathematical one. The town homes in the Cedar Ridge PUD were developed at 9.06 du/acre. That made it of comparable density to the planned project. A resident of Cedar Ridge stated that it was a rural, country-style living community that was consistent with the City's Land Use Development Plan. They wanted to see the densities come down to maintain the open and spacious feel that was part of what the area offered. That is why they bought there and their property values had increased significantly because of the iow-density land use, which many desired, but few could find. What was fiscally beneficial to the city came with a price and that was the privacy and space for which many people purchased homes in this area. That privacy and space was slowly being eroded. The City had to balance high and Iow density to give people who want to raise families more choices instead of less. Bob Crissey, 7521 High Ridge Road, Boynton Beach, asked how many people would be living in the new development. Mr. Hernandez responded that there would be about 250 people in the town homes and around 300 in the single-family homes. Mr. Crissey thought this would mean about 700 more cars. He also commented on the extremely busy nature of the road and the long light at Gateway Boulevard and High Ridge Road. He wanted the number of people and the number of cars to be made public in detail. He wanted to see some fairness. He had invested a lot of money and had to decide whether he wanted to keep his property or not. 3eanette Tortora, 1801 Tom a Toe Road, Boynton Beach, was concerned about the increased density of people and traffic. She also complained about the traffic light 22 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 on Gateway and High Ridge. She hoped that the City would try to keep High Ridge Road as a little bit of country in the City. Victor Norfus, 261 N. Palm Drive, Boynton Beach travels on High Ridge Road and finds it congested already, even before the developments are finished. Timothy Lamb, 1860 Tom a Toe Road, Boynton Beach, felt that urbanism was wonderful - for downtown Delray Beach. This was country, 18 acres of green land. He mentioned the many accidents at Gateway and 1-95 and that any traffic study did not take the new developments into consideration. Rob Goodman, 1961 Tom a Toe Road, Boynton Beach, echoed all the sentiments of those against this project. He felt that the increase in development was creating an atmosphere for disaster. He asked about the City's plans for traffic after the Publix complex on Gateway was finished. Tara Archer, 7383 High Ridge Road, Boynton Beach gave the history of the area when it was a dead-end country road with one-acre lots. She is President of the Great Southern High Ridge Property Owners Association south of Hypoluxo and spoke for them also. They would approve a Iow-density project like Cedar Ridge but without the town homes. She asked if the town homes would be three stories high. Also, the Lake Worth Christian High School was adding an elementary and middle school to its complex on High Ridge Road. Where would all the children go to school? Ms. Archer wanted to see detailed traffic statistics of how many drivers actually use High Ridge Road per day. Tim Morrell, 1933 Tom a Toe Road, Boynton Beach, expressed concern about the intersection of Hypoluxo Road and High Ridge Road, which would suffer with more traffic. Mr. Morrell viewed infill development as fixing up a blighted area of the City and this area was not like that. He compared it to farm country. He called the proposed project, "urban sprawl." Mr. Hernandez stated that the proposed property was a stable for horses and had never been a farm. He commented that an area within one half mile of an Tnterstate Highway Interchange, on a Palm Tran bus route and in close proximity to Tri-Rail, was not a good place for one-acre lots. They had already begun to see the conversion of the uses along High Ridge Road. He felt that the value of the land would outstrip the value of the houses in the next year, if it had not happened already. The further development of High Ridge Road was a reality that time would bring. He realized that it was distressing to have the character of an area change. 23 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mr. Hernandez addressed the traffic concerns of the residents. He stressed that High Ridge Road was being used at 38% of its capacity and still functioned well even at peak hours and even at Gateway Boulevard. If traffic became an issue, the County might decide to widen High Ridge Road. However, to get enough volume on High Ridge Road to justify widening it would take a great deal more development than the one currently under consideration. Alicia Levy, 1973 Tom a Toe Road, Boynton Beach, asked where the children would go to school. She felt that it was not possible to widen High Ridge Road since many property lines were right on the road. The road had never been improved and she felt the project would create congestion. Ms. Matras stated that the project had obtained concurrency from the Palm Beach County School Board. She advised that the peak traffic on High Ridge Road, morning and evening, had been measured at 779 and 559 cars respectively, and the cap was 1,450 cars. Commission Comments Commissioner Ferguson felt that one issue was density and the other was traffic. He felt that the traffic issue could be solved with the County. He could definitely foresee that Gateway Boulevard and High Ridge Road might be widened in the not-too-distant future. Mayor Taylor stated that the project had to meet traffic performance standards and school requirements before it could even appear before the Commission. He offered to ask the County's head Engineer to look at the light on Gateway Boulevard and High Ridge Road to see if the cycle time could be improved. Having to wait through two light cycles was a problem that could possibly be adjusted. Mayor Taylor advised that if the County wanted to widen the road, it would do so. it could take the homes that abut it by eminent domain and pay the owners for their property. An area resident stated that the concurrency for the road showed no widening. Also, there was a 35-acre natural scrub area that could not be changed. Mayor Taylor said that it would be a misconception to believe that things could never change. In regard to County Commissioner Newell's letter, Mayor Taylor had spoken to him and advised him of the Planning & Development's condition that the development change from high to medium density. Commissioner Newell was relieved to hear that this was the case, 24 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mayor Taylor commented that his agenda item said High Density for this item and he wanted it on the record that he would not approve of anything more than at most, medium density and that would be a condition of his approval. Mr. Hernandez responded that this was their original application, but they had agreed at the Planning & Development Board meeting to change to medium density. Commissioner Ensler asked the applicant if they had discussed what could be built on this site with the County before coming to the City of Boynton Beach. Mr. Hernandez responded that the County would allow 5 du/acre, but he never talked to them since they wanted to be part of Boynton Beach. Commissioner Ensler did not understand why the proposed development was not compared to the Cedar Ridge PUD in its entirety, and not just to the town home portion. He was concerned about compatibility between zoning and a reasonable transition between zoning. A property of 9+ du/acre was not compatible with the 4.6- 4.8 du/acre to the east and the 2 du/acre to the north, and the 9.9 du/acre to the south. Commissioner Ensler read some points from County Commissioner Newell's letter dated .]anuary 24, 2005 and asked staff to comment on them. 1) "The proposed high-density housing project is incompatible with the surrounding properties to the north. The project is also in conflict with the adopted High Ridge Road Corridor Study." Ms. Matras responded that they had not heard from the County that the Corridor Study had been adopted. But, the main point was that the recommendation for Iow density residential was not the recommendation of the County, but the County's reference to the City's earlier Comprehensive Plan, which had included a recommendation for Iow density residential for this area. As mentioned earlier, that was no longer part of the Comprehensive Plan. 2) "The Plan (The High Ridge Road Corridor Study), which was developed with input from residents and the City of Lake Worth, Town of Lantana and the City of Boynton Beach, requires primary access for Tract B (the proposed site) onto Miner Road. Any secondary access to High Ridge Road should be shared with any new development to the north, and aligned with the entrance to the Cedar Ridge PUD if possible." Commissioner Ensler asked Ms. Matras if the proposed project met that condition. Ms. Matras responded that it did not. The shape of the parcel was a consideration. Also, access would be too close to the intersection if the platted road the applicant referred 25 Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 to immediately to the west of the proposed project became an access for it. The access to this project from High Ridge Road would be in line with the Cedar Ridge development entrance. Commissioner Ensler felt that the density should be compatible with the density to the east, or something like 5 du/acre. Mike Rumpf, Planning & Zoning Director, added that this contradicted the original direction established in the 1989 Comprehensive Plan that was written several years ago. He did not recall what the basis was for having such an abrupt transition from industrial land to the residential community. Today, the greater development in the area, especially that of Quantum Park, had influenced the picture. He saw this as a transition from higher density in the industrial area down to the lower density of the residential. Zoning was not a science and there was no pat, textbook answer. The City had not totally overlooked the High Ridge Communities and the older County zoning, but was trying to find a middle ground. Staff believed that the proposed project met the City's master plan requirements in an ideal sense. Commissioner McKoy inquired about the traffic situation, and Ms. Matras stated that the full traffic concurrency would be done at the site plan stage of the project. At that point, any mitigation of traffic impact will be discussed. Mayor Taylor announced the first reading of Proposed Ordinance No 05-008. City Attorney re-read Proposed Ordinance No. 05-008 (Annexation) by title only. Motion. Commissioner Ferguson moved to approve Proposed Ordinance No. 05-008 (ANEX 05- 001). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice IYayor I¥cCray dissenting. B-1 High Ridge/New Urban Communities (LUAR 05-002) Request to amend +18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (MDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-009) Mayor Taylor announced that this was the first reading of Proposed Ordinance No. 05- 009. Mayor Taylor had verified with the applicant earlier in the discussion that the 26 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown in the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cherof read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 du/acre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Vice Mayor McCray and Commissioner Ens/er dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. City Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Mption Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, V/ce Mayor McCray dissenting. THE I~IEET_rNG RECESSED AT 9:08 P, hf, AND RESUMED AT Ce Project: Agent: Owner: Location Description: Knollwood Groves (LUAR 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to amend ±30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) ('~ READING OF PROPOSED ORDINANCE NO. O$-O.Z~, and 27 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Request to rezone from ~gricultural (AG) to Planned Unit Development (PUD) (1 READING OF PROPOSED ORD.TNAIiICE NO. 05-0.~2) Proposed use: community Single-family Residential City Attorney Cherof swore in the persons who would be speaking on this item and requested that the residents try not to repeat what others had said, if possible. Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and 05-012 concurrently, and the applicant did not object. Dick Hudson, Senior Planner, stated that the request was consistent with the intent of the Comprehensive Plan, would not create additional impacts on infrastructure that could not be accommodated by the City at present, would be compatible with adjacent land uses, and would contribute to the overall economic development of the City. While the proposed Master Plan met the minimum requirements of the Code, there were several issues that had to be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest. The Planning & Development Board recommended at its .lanuary 25, 2005 meeting that this request be denied, until a complete master plan could be submitted. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf of D. R. Horton, an organization that had completed five other projects in the City. Mr. Weiner felt that Staff's Report had covered all the salient points and proved the case for the developer. He reviewed each of the eight criteria that had to be met in the staff report. After the Planning & Development Board meeting, D.R. Horton went back to the drawing board to address some of the concerns of the residents. Most importantly, Mr. Bryan would be displaying the "filled-in" master plan. An aerial photograph was displayed, which showed that the zoning on each side of this project was 5 du/acre and this project was less than that. Mr. Weiner referred to the concerns of the community, as expressed at the Planning & Development Board meeting. He assured those who were present that this action was merely for a transmittal to the Department of Community Affairs. If the residents had 28 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 more questions, there would be another opportunity to air them and try to resolve them. The issue of Miner Road and the 110-foot right-of-way was discussed. Mr. Weiner believed that the developer and the residents should join forces to ask the County why it wanted to maintain an 1].0 foot long right-of-way on a road that was not going to be an east-west collector. ]~f it went to Military Trail, it would be at an odd angle and would create other problems. He had spoken to County Commissioner Warren Newell's office about this and Commissioner Newell was aware that this was a community issue. The issue of this project changing the rural character of the area was discussed. Mr. Weiner indicated that the developer would be required to meet all applicable standards with regard to the survey of the remaining trees, regulations concerning the cutting and placement of trees, and the use and re-use of the indigenous species. This project would bring expansive lakes for drainage purposes, and some views and vistas that would be good for the residents of the project and the neighbors to the north. Therefore, they did not feel they were impacting the rural nature of the community and believed that they would be a better neighbor than a nursery or an agricultural use. 3ulian Bryan of .lulian Bryan & Associates, [nc., represented the applicant and displayed the master plan for the project. He commented that this project exemplified the lowest density of any project in the City, 4.84 du/acre maximum. This plan was proposed for about ]*40 units, which would be approximately 4.50 du/acre. Over the next couple of months, the site plan and engineering plan would be developed and the lot sizes and locations would be identified. Dick Hudson commented that the five-acre landlocked parcel had been addressed in the Staff Report, which set forth a requirement that the developer provide access to this and sub outs for utilities, and they had taken care of that. Staff recommended approval. Vice Mayor McCray asked if the fruit trees that he referred to as having canker had been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr. Goldesitch, the developer's environmental consultant, had tagged them. .lim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said his firm had done the environmental assessment on the proposed site. Vice Mayor McCray asked if the Agriculture Department had been notified about the canker situation at Knollwood Groves. Mr. Goldesitch responded that the developer had not notified the Agriculture Department. I~ayor Tay/or opened the Pub//c Hearing. 29 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning & Development Board, stated that the initial proposal had been voted down at the Planning & Development Board since no master plan was available. They had also received a clear message from the developer that no master plan was ready because staff insisted that Miner Road be included in the master plan. That had now been explained. There was some feeling on the Board, also, that the serious concerns of the community required respectful consideration and address. He felt that the Commission needed to consider the needs of the citizens, along with the requirements of the various codes. The reason Mr. Casaine had changed his mind and now supported the project, was that he had learned that the developer had taken the homeowners' concerns very seriously and that they were not interested in including Miner Road as part of the project. Mr. Casaine felt that it was important for the City to consider the traffic situation cib/wide. Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the north of the proposed project was a wonderful place to live, with kids, dogs, and horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of properties where it was possible to literally play in the streets. If Miner Road were built through the grove and then through his yard, it would seriously impact the quality of life in the area, possibly tripling the number of cars on the road. If the road were not continued, they would be happy with this project as a neighbor. Mayor Taylor commented that Miner Road could go through regardless of what was now there and this development did not make Miner Road either go away or get built. For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it involved this road. Mayor Taylor reiterated that either way, that road was not part of this parcel. The City could put a park there and the County could still run the road through it. Melissa DeLisa, 7915 Manor Forest Boulevard, Boynton Beach, lives in the development just north of Knollwood Groves. She asked the City to preserve this land and possibly make it into a park. She felt that they could accept the removal of the orange trees if necessary; however, they wanted the City to consider the wildlife on the property, much of which was protected by Federal regulations. She commented on the number of buses that come to Knollwood Groves for educational purposes. It was sad to see this lost to their children. Knollwood Groves sells organic food that they grow on their property, much of it pesticide free. She asked the Commissioners to take a tour through Knollwood Groves. With the two local schools already overcrowded, this plan did not make sense. She asked the City to save some green space and reconsider the rezoning. 3O Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched, natural hammocks on this property that were some of the few remaining hammocks in south Florida. He pointed out that Knollwood Groves had been an institution and a tourist attraction in the area for over 70 years. Losing it would impact the tourism industry and what those tourists bring to the City. He believed that the City, the County, or the State should purchase this property and make a preserve of it. Roger Williams, 4540 White Feather Trail, lives on two acres on the property to the west of the proposed project. He asked the Commission to help the residents make their case to the County about not developing the Miner Road extension. Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area as a natural wildlife habitat. She was able to sit on her porch and view endangered species from her back yard. This area was part of the ecosystem of the State of Florida. If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak tree, the 75 year-old gumbo limbo trees, five acres of jungle hammocks. The Audubon Society did a survey in Knollwood Groves in December of 2004 and found 23 endangered species of birds in residence on this property. If the property is going to be destroyed, some rules should be set. She spoke of the developer's plans to have two water retention areas and buffers. She saw their development down the road and she had seen what they called retention areas. She asked that they leave the two natural lakes already on the property for that purpose. This was the last stronghold for the environment in this area, and she asked that the environment not be destroyed. Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5- acre landlocked piece of land. Her home had an easement for ingress/egress to the landlocked five acres. She was concerned after hearing that this piece of land was sold to the developer. She explained all she had done by way of checking into her rights at the time of purchasing her home. She did not believe that public access to that area would be allowed. Also, there was a 20-foot utility easement for the people that live on the north side of Redding Road. How close would the developer build to this easement? Were they planning on building one or two-story homes? Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece of property to the north of Nautica on Lawrence Road that was supposed to be a civic center. The developer was supposed to give this land when the property was developed. Tt was an open area that would normally be used for a park. He understood this had been turned into a cachement basin for water with a walk around it. The Lawrence Oaks Subdivision had private property that was supposed to be used for their recreational area that the City would not let them build on because of the trees on the property. They were without a recreational area in that subdivision. To his knowledge, 31 Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 there were no parks set aside for the northwest section and he wanted to see the City address that issue. He thought that if the County were to turn that piece of Miner Road over to the City and if the Lake Worth Canal were filled in and the area landscaped, that it could be a suitable spot for a City park. He was not against the rezoning, but did want to see parks for the increased population. Mayor Taylor commented that there was a 4-5 acre space in Nautica that was planned as a park. David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for training horses. The expansion of Miner Road would affect him negatively. He asked that this issue be postponed until the County made a decision about the road. He thought the road issue should be settled before the rezoning and saw this as a rush to judgment. Larry .lohn, 8244 Old Military Trail, Boynton Beach, asked for the City's help when they went to the County about Miner Road. He was under the impression that while the County did not plan to do anything about Miner Road in the next five years, there was a caveat that if the property were developed, the building of Miner Road would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to look into this. Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the development to the west of the proposed site. He was not against the rezoning, but was concerned about Miner Road. He asked that the lO-foot easement between Sunset Cay and the proposed project be extended to at least 25 feet to provide a more significant buffer between the two projects. They would have to have some kind of easement to access their properties from the other side. The developer may put two- story homes on this site and having two-story homes look down on one-story homes was not good for property values. Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the comments of Mr. Cooper. 3ohn DeLisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did not want Miner Road extended since it would go through his back yard. He was concerned about the influx of traffic on Lawrence Road and the capability of the area schools to absorb all the extra children this project would bring in. His son's school was already overcrowded. Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White Feather Trail and that losing Knollwood Groves would limit the places in which her son 32 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 could play. They had enjoyed looking at the groves and fishing in the canal. Her son could not go into Sunset Cay to fish and he could not go into Nautica whether there was a planned park or not, since their neighborhood had no access to it. There was not enough recreational space for kids to play. Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road going through was not part of the deal. However, he felt they should look into that since it could affect the lives of the people who spoke. He thought that the Commission should work with the County and Commissioner Newell to find out what the County was going to do about this. He commented on the similarities between the concerns of the residents off High Ridge Road and the residents surrounding the proposed project. He commented on the lack of parks in the northwest and southwest parts of the City Playor Taylor closed the Public Audience. Develooer's Rebuttal Michael Weiner had been listening carefully to the concerns of the residents. He pointed to the City's rules and regulations and the Staff Report, in which this project met each and every test put before it. Many of the residents' concerns would be addressed at the time of site plan review. The developer would do whatever the State required in connection with the flora and fauna on the site. In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known that leaving this area zoned Agricultural would have opened the door to a tomato patch, a hog farm, or a processing plant. For whatever reason, it was known that Knollwood Groves was going to be sold. This project represented the best opportunity the residents had to preserve some of the things the residents talked about on the site. He stated that there was almost 300 feet between houses in the development to the north and the proposed project. This was not likely to be found elsewhere. They had their house, their back yards, the canal, the canal maintenance easement, the canal itself, the 110-foot right-of-way, and their setbacks - all between the proposed project and the homes to the north. The people to the south would be happy to abandon the easement. When the site plan comes through, if they have two-story homes they would adjust setbacks to make sure there is some privacy. In regard to traffic and schools, the project had met all the concurrency requirements for both traffic and schools. Mr. Weiner believed that a commercial property like Knollwood probably generated more traffic than the proposed 140 homes would in the future. Commissioner Ensler asked if there were any specific policies about Knollwood Groves in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson 33 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 believed that Knoilwood Groves was annexed after the Comprehensive Plan had been written. Commissioner Ensler noted that the requirements for setbacks were different for PUDS and Single Family Residential. He was concerned about the setbacks for the PUD, since there was no site plan, for the homes directly adjacent to the property. Mr. Hudson replied that under the PUD regulations, the setbacks must mirror the setbacks of adjacent developments. Commissioner Ensler asked if the developer could level the land with a clearing and grubbing permit before the City had an opportunity to review the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing permit could be requested and issued prior to a development order being issued. It was not exempt, however, from City regulations. The City had tree preservation requirements and policies. There were County and State requirements about species of special concern and so forth. Those would be reviewed at the time they reviewed a request for a clearing and grubbing permit. The other permits for the site would follow the development order. Commissioner Ensler asked if they would be willing to withhold leveling of the land until there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that it would not be necessary to wait until the site plan was approved. The clearing and grubbing permit requirements called for the developer to have the kinds of surveys that demonstrate that what they were allowed to take down what they were taking down. Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would protect the property. Mr. Rumpf responded that a process existed, although sites had been cleared in the past without the proper permits and reviews. This was a good discussion topic for a public hearing and a warning that there were tree preservation requirements and there could be species of special concern. Flora and fauna surveys may be required. Mr. Goldesitch said they had to do a tree survey, which identified the location and the size of the tree. Additionally, they have to note the quality of each tree. ]~f there were a water oak tree, for example, they would give the diameter at breast height, the total height of the tree, and the quality on a scale of 1-5 in terms of its ability to survive, even if left alone. Mr. Weiner put on the record that D. R. Horton was not a company that would clear land without permits. Mayor Taylor was certain that any of the Commissioners would be on the side of the residents in any dealings with the County pertaining to Miner Road. ]~t was the Commission's job to speak for the people. Although County Commissioner Newell had this district, he was only one of seven Commissioners so the County Engineer had to be convinced first, 34 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 in regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that there was a contract for purchase on the table now, which means that the owners are willing to sell. It was not a matter of anyone trying to take anything away from the residents. He understood how people felt and he liked the Groves too. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011. City Attorney Cherof read Proposed Ordinance No. 05-011 by title only. Hption Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, V/ce Mayor McCray d/ssent/ng. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012. City Attorney Cherof read Proposed Ordinance No. 05-012 by title only. r4otion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone from Agricultural to Planned Unit Development). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. D. Project: Agent: Owner: Location: Description: Dr. Go Daycare Center (COUS 05-001) Dave Beasley Dr. Ka Hock Dy Go Southeast corner of West Boynton Beach Boulevard and Knuth Road Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037 acre parcel in a C-1 zoning district City Attorney Cherof swore in the people who planned to speak during this public hearing. Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but there were no questions. 35 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Ed Breese, Principal Planner, noted that the Planning & Development Board had recommended approval of this project, as did Staff. Mayor Taylor opened the Pub~lc Hearing, and dosed it when no one w/shed to speak. Motion Vice Mayor McCray moved to approve the request for conditional use/major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037-acre parcel in a C-1 zoning district (COUS 05-001). Commissioner Ferguson seconded the motion that passed unanimously. Project: Agent: Owner: Location: Description: Grove Plaza Parcel C (COUS 05-002) Lution Hill Grove Plaza C, LLC 3940 Hypoluxo Road Request Conditional Use/New Site Plan approval for a 6,832 square foot minor automotive repair facility on a 0.823 acre parcel in a C-3 zoning district Michael Weiner, attorney for the applicant, stated that a portion of this had been passed under the Consent Agenda. The applicant agreed to all 32 conditions of approval, including the conditions from the Planning & Development Board. The agent, Lution Hill, also appeared, but there were no questions. Mayor Tay/or opened the Pub/ic Hearing, and dosed it when no one w/shed to speak. Motion Vice Mayor McCray moved to approve the request for conditional use/new site plan approval for a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel, in a C-3 zoning district (COUS 05-002). Commissioner Ferguson seconded the motion that passed unanimously. Project: Agent: Owner: Location: Description: Quantum Park NOPC #15 (DRIA 05-001) Eugene Gerlica, Quantum Group of Companies MFT Development, Tnc. West side of Tnterstate T-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional [mpact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 36 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 1,000 to 1,105 dwelling units (.grr READ[NI; OF PROPOSED ORD.rNANCE NO. am Quantum Park NOPC #15 (MPMD 05-006) - West side of interstate i-95 between Miner Road and the Boynton (C-16) Canal - Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units Mayor Taylor announced the first reading of Ordinance No. 05-013. City Attorney Cherof read Proposed Ordinance No. 05-013 by title only. David Norris, attorney for the applicant, Quantum Limited Partners stated that the applicant agreed with the conditions of approval, and some of them had already been satisfied. The first condition was whether or not this application constituted a Substantial Deviation, which they believed had been established by the application and its attachments and enclosures. Therefore, they thought that condition #1 was no longer applicable. Mr. Breese commented that staff was in agreement with that. Staff condition of approval #5 had already been met, as confirmed by staff at the Planning & Development Board meeting. The applicant asked the Commission to declare that this application did not constitute a Substantial Deviation, approve the change, and approve the related master plan page with conditions. City Attorney Cherof said that the agenda packet information showed six items, the last being a request that the applicant acknowledge that the City was currently in litigation regarding heights exceeding 45 feet. Mr. Norris stated that his paperwork showed seven conditions of approval and the height was the last one. They proceeded to compare item by item. Mr. Norris looked at the items listed in the Commissioner's agenda packets and commented on each one. Mr. Norris amended his initial comment by asking the Commission to approve the project with conditions, #2, 3, 6, and 7. All others had been met already. Mr. Breese commented that item #5 had been left off of the agenda item during the Planning & Development Board meeting. The applicant had six items after the above discussion. The position of the Commission was that the conditions were as stated, whether they had already been satisfied or not. Mayor Tay/or opened the Pub//c Hear/ng. 37 Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 Alice Warren, 1719 Wood Fern Drive, was concerned about overcrowded streets and schools. The City passes plans and squeezes 105 more sardines into the can and puts another 200+ cars on the road. She wanted to know, "When does it stop?" Mayor Taylor noted that one of the reasons for adding the 105 homes is that they had eliminated the 4,000-seat movie theater, which would probably have created more traffic than the additional homes. IYayor Taylor closed the Public Hearing when no one else w/shed to speak on this item. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-013 (DR! Amendment to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. The application does not constitute a Substantial Deviation. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed unanimously. MotiQn Commissioner Ferguson moved to approve Quantum Park NOPC #15\ (MPMD 05-006) Master Plan modification to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. Vice Mayor McCray seconded the motion that passed unanimously. IX. CITY MANAGER'S REPORT: Consider inviting Florida Atlantic University and Florida !nternational University to the February 15, 2005 City Commission meeting to make a presentation to the City Commission on each University's capabilities to perform redistricting services for the City of Boynton Beach and establishing a budget in an amount not to exceed $49,900. Recommend rejection of proposals as submitted and direct staff to re-solicit based on refined criteria. Assistant City Manager Dale Sugerman related that after the proposals were received, one was incomplete and one did not follow the prescribed timeline. Staff recommended rejection of the two bids received and rebidding based on refined criteria. MotiQn Vice Mayor McCray moved to approve the rejection and rebJdding of the redistricting project based on refined criteria. Commissioner Ferguson seconded the motion that passed unanimously, 38 Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 X[. FUTURE AGENDA ITEMS: A. Presentation of the After-action Report regarding the 2004 Hurricane Season (February 15) B. Review of preliminary plans for the Tntracoastal Park Clubhouse and approval of proposed task order with CH2MH]LL to proceed to final design (February 15) C. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) D. Proposed Lease Agreement with Boynton Woman's Club (TBA) E. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) F. Annexation of Enclaves (TBA) G. Hurricane Design for Public Buildings H. City Manager's Evaluation (October 2005) NEW BUS[NESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (PO~7'POIVED TO FEBRUARY .~ 2005 AT APPL.rC, ANT~ REQUEST) Motion Vice Mayor McCray moved to remove the Suspended Animation, Inc. item from the table. Commissioner Ferguson seconded the motion that passed unanimously. Bonnie Miskel appeared on behalf of the applicant and offered to answer questions. She was joined at the podium by one of the directors of Suspended Animation, ]nc., Charles Platt. Vice Mayor McCray asked Mr. Platt to elaborate on the kinds of testing they would be doing in regard to the corpses. Mr. Platt stated that the primary goal of their research was to develop better ways of preserving tissue and organs and they would be receiving tissue and organs for that 39 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 purpose, probably twice a year. Tn response to another question from Vice Mayor McCray, Mr. Platt stated that this would be a whole body from someone who had willed his or her body to science. Vice Mayor McCray asked what happened after the tests. Mr. Platt said that the body would then be turned over to a mortician who will make the usual arrangements for a transmit permit and death certificate to move the body to its final resting place. Mr. Sugerman stated that the Commission had asked to discuss this to get clarification on what Mr. Platt perceived the pending status was of his applications before the City. The City had not heard from Suspended Animation in a few months regarding a desire to move the applications forward. Mr. Platt indicated that he had spoken to the architect and the plans for the build out were returned because of the presence on the plan of a large tank for storage of liquid nitrogen. This was an error that had been copied by the architect from a previous plan and Mr. Platt should have caught it. As soon as he saw this, he removed it. As far as he knew, there was no further hazardous materials issue. The plan will be returned to the City in two days time. Ms. Miskel stated that they been in communication with the Building Department and from those communications, assuming that the revisions are made subject to those comments, she had been told by a Building Department staff member that he believes their plans would be in conformity, at which point they could proceed to issue the permit. All applications are pending and will be returned to the City, fully compliant, in the next few days. Commissioner Ensler stated he had met with Mr. Platt and Ms. Miskel and wanted to express his understanding and point out where he saw problems. He thought that part of this effort was to develop hardware and software for the processing of the body. Mr. Platt said that 85-90% was spent developing hardware and software for the better introduction of chemicals to preserve cells. Commissioner Ensler said that this was the definition that would fit in an M-1 zone normally. The issue came about due to the handling of a body. He asked if the applicant had a facility that was licensed by the City, County, and State to bring a body into that facility. Once licenses had been obtained for the facility, he thought it would be necessary to have a licensed individual who could then work with the body. He asked for their intentions in this regard. Ms. Miskel felt that Commissioner Ensler's question dealt with Chapter 470, with which she thought Vice Mayor McCray was quite familiar in his occupation as a licensed funeral director. They felt that it was not applicable to the particular uses proposed in this effort. The references contained in the Statute refer to storage and embalming, and this was not their plan or principal use. The use was research and development, 4O Meeting Minutes City Commission Boynton Beach, Florida February1, 2004 the development of hardware and software for preservation of the cell. To alleviate Commissioner Ensler's concerns, there were extensive fines and penalties called out in Chapter 470 for violations. Suspended Animation would not venture into that arena with the understanding that they would be in violation of a State Statute. Tf this Chapter did apply, the City, by approving their occupational license and building permits, would not be exempting them from obtaining all other applicable licenses and complying with rules and regulations of other agencies such as Water Management District, and so forth. Mr. Platt's legal counsel (not herself) had received extensive consultation and advice for their representatives that handle licensure. They have confirmed to him that Suspended Animation, ]~nc. was totally in compliance with the law. Commissioner Ensler asked City Attorney Cherof if he had looked into this matter. City Attorney Cherof said that he had done so, extensively, and concurred with Hs. Miskel that this was not an issue of regulation under 470 by the City, but an occupational license for conducting a business that was engaged in research and development. Commissioner Ensler felt that this was more a matter of processing bodies and not engaging in research and development. IVlr. Platt said that it was research and development in the sense that they were developing new ways of doing what they wanted to do in preserving cells and organs in the human body. There was no commonly established system for doing this. They take blood samples and analyze them for blood gas concentrations so they can compare one case with another case, for example. There are extensive reports written on every case that they do. He saw it as being very similar to medical research, where organs and tissues are commonly used for this type of purpose. Commissioner Ensler asked what kind of license was necessary to handle and process bodies in the City of Boynton Beach, and what kind of facility was needed. Vice IViayor McCray stated that the only time the applicant would need a licensed funeral director and embalmer on site is when he is ready to remove the body from his facility to transport it to a proper place for burial. The facility might have to be licensed under Statute 470 to handle this type of remains. Vice Mayor McCray said they would have to check with the State to see what licensure was involved before they were able to open their facility. Commissioner Ensler wanted to ascertain that Vice Mayor McCray agreed that the Suspended Animation facility needed to be licensed, and Vice Mayor McCray confirmed this. He knew that it would have to be licensed by the State. 41 Meeting Minutes City Commission Boynton Beach, Florida February 1~ 2004 Motion Vice Mayor McCray moved to approve. Commissioner Ferguson seconded the motion that passed 4-1, Comm/ssioner En$/er d/ssent/ng. LEGAL: Mayor Taylor indicated that the balance of the agenda was tabled until the February 15, 2005 City Commission meeting. A. Ordinances - 2nd Reading - PUBLIC HEAR[NG Proposed Ordinance No. 04-045 Re: Regarding property consisting of approximately 81.814 acres and located between Congress Avenue and the LWDD E-4 Canal, more particularly described herein; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan, the Land Use Designation is being changed from Moderate Density Residential to Mixed Use-Suburban (Boynton Village) TABLED ON 0.~/:~8/05 Proposed Ordinance No. 04-O46 Re: Regarding the application of Klatt Family Limited Partnership, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R-l-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) TABLED ON 0.~/18/05 Proposed Ordinance No. 04-047 Re: Regarding property consisting of approximately 25 acres and located on the northeast corner of the intersection of Congress Avenue and Old Boynton Road; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the Land Use Designation is being changed from Moderate Density Residential to Local Retail Commercial (LRC) (Boynton Town Center) TABLED ON 01/~8/05 Proposed Ordinance No. 04-048 Re: Regarding the application of Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc., amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R- 42 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 1-AA Single-Family Residential to C-3 Community Commercial (Boynton Town Center) TABLED ON O1/18/O.~ Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development TABLED ON 0.~/~8/05 Proposed Ordinance No. 04-058 Re: Approving the proposed amendment to the functional classification of roadways map in the support documents for the Transportation Element of the Comprehensive Plan (The streets involved are SE 4th Street between Boynton Beach Boulevard and SE 12th Avenue, and Martin Luther King, .lr. Boulevard between Federal Highway and Seacrest Boulevard TABLED ON O.Z/.ZS/05 Proposed Ordinance No. 04-059 Re: Amending the Transportation Element of the Comprehensive Plan to establish a Transportation Concurrency Exception Area (TCEA) in a portion of the City's Community Redevelopment Area TABLED ON 01/~8/05 Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VIII, Section 26- 406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown storm water improvement watershed TABLED ON 0~/~8/05 Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04-101) 10. Proposed Ordinance No. 05-007 Re: Rezoning from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) (Seaview Park Club) Ordinances - 1~ Reading 43 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 1. Proposed Ordinance No. 05-014 Re: Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work within public rights- of-way, and providing for appeals, work requirements and surety (This item was tabled earlier in the meeting.) C. Resolutions: None D. Other: None XlII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 11:15 p.m, 44 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 C~I-Y OF BOYNTON BEACH A'I-I'EST: lerk Recording Secretary (020205) Commissioner 45 February 1, 2005 Planning and Zoning City of Boynton Beach 100 East Boynton Blvd. Boynton Beach, FL 33435 Ladies and Gentlemen This letter is in reference to the annexation and rezoning of the horse farm and two residential properties on High Ridge Road. As a resident in the area, I have several concerns with another high-impact development being planned in this area. Granted there is going to be development, but it seems that the city is allowing high-density growth without concern for green spaces (parks and recreation facilities) and traffic in this area. This development should be considered low- impact density in keeping with the ambience of this neighborhood. Another concern is the ingress and egress of this development on High Ridge Road--are they going to plan this to align with the entrance to Cedar Ridge across the street. Another consideration should be ingress and egress on Miner Road as stated in the High Ridge Corridor study. Unfortunately, I am not able to make the meeting tonight, but hope you will take these concerns into consideration. Susan Larsen 1812 Tom-A-Toe Road Boynton Beach, FL 33426 (561) 588-4145 J~n 28 05 02: 17p CIt~ ~ttorme~'~ O??ice 5S1-74~-S054 p.~ NE 7'" St. ~ MLK Lo[ t0 &20 PCN # 0843-521-320-03-00-10 PCN # 0843-52t-320-O3-00-20- NE 8'~ Ave & 7'h St. PCN # 0843-452-132-005-0010 PCN # 0843-452-132-005-0020 The City of Boynton Beach Code of Ordinances, Article IV states, "...with regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been nppraised by a di.~infa~sted qualified appraiser to be designated by the city commission for the purpose of establishing a fair market vetue th, c~on. After ouch appraisal shall have been completed and a fair market value placed on subject property, the sale of same shaft be advertised in accordance with the above procedure and competitive bids thereon received with established fair market value being the minimum bid acceptable by the city." AMENDMENT ROUND 2005-1 TIMELINE City transmits plan amendment and support documents (within 10 days of hearing) Feb 10 City request "No ORC Review" Unless Review agencies object, Response from DCA Received by Mar 18 DCA distributes amendments to review agencies. Review agencies' comments received and Objections, Recommendations and Comments (ORC) Report issued by DCA (60 days max.) Apr 12 Local government adopts plan amendments (within 60 days after DCA response) May 18. Local government adopts plan amendments (within 60 days after receipt of ORC) June 14 max. Adopted amendments sent to DCA (within lO days of adoption) May 28 or June 24 No Notice of Intent (NOI) June 7 DCA issues Notice of Intent (NOI) (Within 45 days of receipt of adopted plan amendment) July 26 Effective date is 21 days following issuance of NOI (if there are no challenges) June 28 orAug 16 Warren H. Newell County Commissioner District III 301NorthOHveAvenue 12thFloor West Palm BeachiFL33401 (561) 355-2203 FAX: (561) 355-6344 January 24, 2005 Honorable Jerry Taylor Mayor of the City of Boynton Beach and Boynton Beach Commissioners 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: High Ridge Annexation~UPA/PUD Dear Mayor Taylor and COmmissioners: I am writing to express my concern and objection regarding the above referenced proposed voluntary annexation, which includes a high density housing project located at the northwest corner of High Ridge Road and Miner Road. ~T.,he...prop. osed _~_'g~_ _ _d_ens s_~0u~aiil-~P~FT6~ e~~ect is also m co~-~ith ~ .R._id.~ge..Road ~-rrido~-(copy attac~'lT~dj and the the County winch was developed with input.from residents and the City Worth, Town of Lantana and the City of Boynt.o.n Beach, req '.~]~n~g'~p'~-~mary access for ~tn~t-~.-(the proposed site) onto Miner Road..'f~ny se~ondar~ access to High Ridge Road should be shared with any new development to the north, and aligned with the entrance to the Cedar Ridge PUD if possible. As always, I am available to discuss this matter further. Sincerely, ~~en H. Newell Board of County Commissioners Attachment RECEIVED Si'FY MANAG£R'S OFFICE c: Bob Weisman, County Adminish-ator Barbara Alterman, Executive Director, PBC Planning, Zoning and Building Department Bob Banks, Assistant County Attorney Lisa Amara, Principal Planner, PBC Planning Division Kurt Bressner, City Manager, City of Boynton Beach High Ridge Road Corridor Study Department of Planning, Zoning & Building December, 1997 I. OVERVIEW The Area The High Ridge Road Corridor is a predominantly residential area, unique in eastern Palm Beach County. The setting encountered by someone passing through the area -- a well- maintained older residential subdivision giving way, south of Lantana Road, to lower-density, large-lot residences tucked among abundant vegetation, along a narrow road, winding and hilly by south Florida standards - belie the corridor's actual location: adjacent to 1-95 and the CSX railroad, surrounded by relatively high density residential development and in close proximity to retail and employment centers. Origin of This Study Concerns about protection of this distinctive area's character have been prompted in recent years by a number of non-resideatial uses that have located in, or been proposed for, the area. These include a solid-waste transfer station, a Costco store, and a now-defunct proposal for an excavation and construction recycling operation. Most recently, following a proposal for the expansion of a service station/convenience store in the area, the Planning Division was requested to identify potential problems or opportunities related to preserving the area's character. Purpose and Method of This Study The purpose of this report is to identify any actions that could be taken by the County or area residents in order to preserve or enhance the area's character. Because the area is largely built-out and stable, this ~s not intended to be a detailed neighborhood plan, nor a community rewtalization strategy. This report focusses on two basic issues: fn:st, the development potential of key vacant and developable sites within the corridor, and second, other items such as future transportation plans which may affect the character of the area. Study Objectives ~ study assumes that the goal, to protect and enhance the chamter of the area, would be achieved through the following objectives: Maintaining the predominantly residential character of the area through residential, as opposed to non-residential, development of vacant parcels Developing any new residential areas at densities consistent with existing densities and housing types Maintaining and/or enhancing the existing vegetative buffer along the roadway II. BACKGROUND Study Area Description The study area extends along High Ridge Road from its intersection with Miner Road north to its terminus at Lake Osborne, a length of about three miles. The study area covers about 630 acres, and is bisected at one-mile intervals by major thoroughfares, Lantana and Hypoluxo Roads. 1-95 serves as the eastern boundary. North of Hypoluxo Road, Lake Osborne is the western boundary. South of Hypoluxo Road, the High Ridge Country Club serves as the western boundary. These boundaries encompass those areas which either front on, or otherwise have access to, High Ridge Road. The study area is shown on Map 1. Population and Housing .The population of the area is about 2,500, according to the 1990 census. Median household income and housing value are somewhat lower than, but in the general range of, the median values for the County. About three-fourths of the dwelling units were built prior to 1970. About three quarters of the area's population and dwelling units are in the northernmost portion of the study area, north of Lantana Road. The area south of Hypoluxo Road contains only about 3% of the population, and the highest income and housing values in the study area. Existing Uses The study area is predominantly single-family residential, with just over half the land area in residential use; five percent (5%) is in commemial or industrial use, primarily along the major east-west roads near access points to 1-95; six percent (6%) is institutional, three percent (3%) is utility; eleven percent (11%) is in agriculture; and about twenty percent (20%) of the land area is vacant. Of the vacant land area, about 20% is designated for commercial use, with the balance designated residential. The area north of Lantana Road is a largely homogeneous area of predominantly single family homes at a density of about five dwelling units per acre (5 du/ac), and having vktually no vacant lots. This area is part of the Lake Osborne Estates subdivision, the remainder of which is within the Town of Lake Worth. In addition, in proximity to the High Ridge Road intersection with Lantana Road, there are three churches, two day care centers, a retirement home, a Costco store, a solid waste transfer station, and several vacant parcels designated for commercial use. The central portion of the corridor, south of Lantana Road and north of Hypoluxo, exhibits a somewhat different character. Residential densities are generally 1 to 2 units per acre, and III. ANALYSIS This analysis focusses on two issues: first, the development potential of key vacant and developable sites within the corridor; second, the analysis examines other issues, such as future transportation plans, which may affect the character of the area~ A. ANALYSIS OF VACANT AND DEVELOPABLE SITES 1. ASSUMPTIONS In order to analyze the development potential of vacant and other developable parcels in the study area, study parameters or assumptions must be del'med. These are: Residential Land Use Residential development would occur pursuant to the future land use designation now on the property. Future land use designations on vacant and other developable parcels in this area are generally consistent with surrounding designations and built densities, and it is therefore assumed that changes in densities will not be needed. All discussions of allowable units are estimates only. Actual determination of the permitted number of units would be made at the time of development, and would be subject to site development regulations and other limiting factors which have not been considered for the purposes of this analysis. "Underdeveloped" residential parcels are not likely to redevelop. For the purposes of this analysis, underdeveloped residential parcels or neighborhoods (developed at less than the permitted density) are not considered likely to redevelop to their maximum allowable potential. (It should be noted Chat, even if additional units were to result from these parcels, impacts would be minimal due to the relatively low densities throughout the area. Commercial Land Use All discussions of allowable commercial intensities are preliminary assessments, based on an overview of current conditions. An official determination of a CL (Commercial Low Intensity) or CH (Commercial High Intensity) is made at the time of a rezoning request. appears in the 5-Year Plan as a 4-lane road; or has an average traffic volume of 10,000 trips per day on the Traffic Volume Map; or has a 120 foot ROW on the Thoroughfare Plan; or the applicant agrees to pay to improve the roadway to meet one of these standards as a condition of approval. Neither the intersection of High Ridge Road with Lantana Road nor its intersection with Hypoluxo Road meet these criteria. 7 TRACT D~ Lantana Road AREA 1 Site Boundary Lantana Limits Tract A ~ Tract Oscal . 35~ ~ e Approximate in FeTe(~0 Tract C Description: Tract C refers to the two parcels (38 acres) that comprise the large mango farm located on the east side of High Ridge Road 1,000 feet south of Lantana Road. The area, like Tract B, bounds the solid waste transfer station at its no,beast comer. In 1995, the prope~ owner attempted a voluntary annexation into the Town of Lantar~ The proposed use included excavation and construction recycling on the eastern portion of the property, and residential (total of 16-18 units) along the western and southern perimeter of the parcel on High Ridge Road and Hillside Lane, respectively. Based on County and resident concerns and objections, the proposal was withdrawn. Town staff has indicated that the Town would consider additional proposals from the property owner regarding annexations or uses. However, to date there has been no additional activity regarding this site. Development Potential: The future land use of this parcel is LR-3 which means the property can accommodate 115 units if developed as a Planned Unit Development (PUD). Tract D Description: Tract D is a one acre parcel at the southwest comer of Lantana and High Ridge Roads. Development Potential: The site has a future land use designation of CL/I, and an existing zoning approval (CC/SE) for any use consistent with the CL designation, except for auto service station, convenience store and automatic car wash. Assessment of Area I The size, location, and configuration of the vacant and developable parcels in the southeast corner of the intersection (Tracts A, B, and C) present a unique opportunity for a unified development approach at a highly visible access point to the High l~idge Road area. Combining the tracts under one development plan could provide several opportunities: 1) 2) 3) to enhance one of two "gateways" to the High Ridge Road area for more flexibility in mitigating the impacts of the transfer station through buffering and clustering of units away from the facility to reduce access onto High Ridge Road to one entrance, with au additional access point onto Lantana Road 1! Should the County's Transfer of Development P, ights (TDR) program be revised to allow for the provision of units at a reduced cost in order to further specific Comprehensive Plan objectives and aims (such as coastal area redevelopment and reducing commercial land use intrusion into residential neighborhoods), then consideration should be given to the use of such discounted TDRs on combined Tracts A, B, and C to facilitate unified residential development. Encourage a site plan that provides for compatibility with the existing single family homes to the south and west. Should a unified residen.tial plan not be pursued, limit commercial land uses on the commercially designated portions to those allowed in Commercial Low (CL), and minimize access to High Ridge Road. Minimize the number of access points on High Ridge Road, for any residential development. Require an appropriate landscape buffer along High Ridge Road for all new development, consistent with the existing landscape pattern of the corridor. (This recommendation may not be applicable to Tract D due to size limitations described above.) 13 8-4 $~2 S~$ N~I HYPOLUXO ROAD 71s~ St. So. Boynton Beach Limit Finn Hill Drive Al A 2 Vacant ~ Agriculture Residential ~'~ Institutional Commercial I Utility Indus~al I Site Boundaries I si I 1 Boynton Beach Limits · · · · · · · · · ,, 0 350 70o Scale in Feet Encourage unified development of parcels N-1, 2, 3. Limit or eliminate, if possible, any access on to High Ridge Road for all the sites. Require an appropriate landscape buffer for all new development, consistent with the existing landscape pattern of the corridor. To be carried out in the near term: Consider a Comprehensive Plan text amendment in round 98-2 to clarify how surrounding built and designated densities are to be applied in determining appropriate commercial intensity. Specifically, the actual density shouM be considered when the residential property is built or approved for development, and the designated density shouM be considered when the property is vacant. If such a Comprehensive Plan text amendment is not feasible, initiate a Future Land Use Map amendment, redesignating the neighborhood south of S-1 & S-2 to LR 3 to reflect built density. This would clarify the interpretation of the commercial intensity on S-1 and S-2 as CL, which is most compatible with the character of the area. 17 AREA Site Boundaries Boynton Beach Limits Vacant Residential Industrial Agriculture Institutional ! I I I TRACT C TRACT Tom-A-To~ Pond II II II Illl ~ ROAD Area 3 Recommendations To be applied at the time of development review: Require an appropriate landscaped buffer for all new development along High Ridge Road, consistent with the existing landscape pattern of the corridor. Limit the number of access points on High Ridge Road for any new development~ Require primary access for Tract B on Miner Road. Any secondary access to High Ridge Road should be shared with existing development to the north, and aligned with the entrance to the Cedar Ridge PUD if possible. Require primary traffic access for any development on Tract C onto Miner Road, with limited access to High Ridge Road through the existing roads that serve the Newport Place development to the north. Locate any multifamily development proposed for Tract C on the larger western portion, and locate lower density single family development on the narrow eastern portion. B. ANALYSIS OF OTHER ITEMS In addition to the development potential of key vacant and developable sites, several other items were identified which could potentially enhance or detract from the character of the area. These include a number of items such as municipal annexation plans, traffic plans, bike and pedestrian pathways, scenic hi41hways/byways designation programs and 1-95 interchange beautification programs. The extent to which these might affect the character of the area, and possible actions to be pursued, are discussed below. 1. Traffic Situation: Currently, High Ridge Road is a 20-foot-wide paved road within a 50 foot right-of-way (ROW). It carries about 4,000 trips per day (tpd) in the study area, .and is not on the 5-year road improvement program for expansion. High Ridge Road ~s well under its design capacity of 12,000 tpd, and future land use build out of the study area would result in approximately 6,000 additional trips per day. However, the 2015 Roadway Networlq adopted in the Comprehensive Plan, indicates an expansion to 4-lanes for the portion of High Ridge Road south of Hypoluxo Road. This map is based on the Metropolitan Planning Organization's (MPO) WPBUSA 2015 Plan (adopted in November, 1995), which indicates that the same section of High Ridge is mst-feasible to be improved to 4-1anes during the 2011-2015 phasing period. The County's Thoroughfare Right-Of-Way Identification Map (TIM), which identifies ultimate ROW, indicates that segment's ultimate ROW as 80 feet (4-lanes). 21 the Lantana annexation, is part of the County's review process for both proposed annexations and municipal future land use changes. Annexation Recommendation: To be carried out in the near term: The High Ridge Road study should be conveyed to the local governments as an informational item to be considered at the time of annexation and/or development approval for any of the sites discussed in this area. 3. Scenic Roadway Designation Situation: An additional tool which may be available to enhance the corridor's distinctive character is designation of the roadway as a local scenic feature. For exaraple, the Florida Department of Transportation administers the Florida Scenic Highways Program, to preserve, maintain, protect and enhance Florida's outstanding cultural, historical, archaeological, recreationa~ natural and scenic resources. Nominations are made at the local level, fostering local commitment to preserve and maintain intrinsic resources important to local communities and the region. Potential Impact: Though this type of designation is more commonly applied in natural areas with landmark vegetation or long-distance views, residents could opt to pursue designation under this program. Even if not designated under this program's criteria, residents could pursue obtaining signage or other indicators of entrance to this unique corridor. Identification of the corridor at its access points could provide a source of community identity for residents and visitors, and could help establish local partnerships with the common goal of protecting and enhancing the features of the corridor. Scenic Highways/Byways Program Recommendations To be carried out in the near term: Encourage residents' groups to evaluate the desirability and feasibility of scenic corridor designation or a locally created effort such as the placement of signage that would establish and convey a community identity for the corridor. Neighborhood associations could jointly fund the signs and work with the County's Engineering Department for placement at appropriate locations along the roadways. 23 IV. IMPLEMENTATION Incorporate any BCC comments and directives from the December 9th Workshop, and return with a finalized Study Report for BCC approval on a future consent agenda. Provide the approved report to all affected neighborhood associations, subject proper~y owners, local governments, and any other interested parties, and convey e BCC s intent to use the study to guide dectston-makingfor issues affecting this area. Continue to work with interested property owners and neighborhood associations to facilitate ' tmplementation of the study recommendations. Initiate items identified for Palm Bench County implementation. Provide monitoring and reporting to the BCC through periodic neighborhood planning program reports. 25 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dr. Ka Hock Go Daycare APPLICANT'S AGENT: David Beasley APPLICANT'S ADDRESS: 3570 Kitely Avenue, Boynton Beach, FL 33436 p&Z Bulldin9 Engineedng Occ. License Deputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2005 TYPE OF RELIEF SOUGHT: Request for Conditional Use/New Site Plan approval for the conversion of 7,098 square feet of an existing 13,170 square foot professional office building to daycare use LOCATION OF PROPERTY: 3452 West Boynton Beach Boulevard ! SE corner of Knuth Road and 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 and 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 v'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 Applica/nt'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: City Clerk ; 05-001\DO forP&D.doc ~O'Z~ "O.W'z~ ,D.D,I~ -../ I ~ ,INY2~ ,D.D,I~ ~"fl'l~" ~ I ~"~'! ~' '~ I, EXHIBIT B "?-~ ~ - EXHIBIT "C" Conditions of Approval Project name: Dr. Go's Daycare File number: COUS 05-002 Reference: 2na review plans identified as a Conditional Use with a December 14, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic X Performance Standards Review) from Palm Beach County Traffic Engineering. 2. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking Loading Zone". See City Standard Drawings "K" Series for striping details. Indicate by note m-striping. 3. Widen egress driveway to a minimum width of 15 feet and round off the X Type "D" curb to eliminate the notch on the southeast side of the driveway, UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application. These l~ermits include, but are not limited to, the following: l~avin~, Conditions of Approval DEPARTMENTS INCLUDE REJECT drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the perrmt request. 5. All comments requirin~ changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate X additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Show site lighting on the Site plan (LDR, Chapter 4, Section 7.B.4.) X The lighting design shall provide a minimum average light level of one foot-candle. 8. All engineering construction details shall be in accordance with the X applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will he reviewed at the time of construction permit application. BUILDING DIVISION Comments: 9. 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. 10. Indicate within the site data the type of construction of the building as X defined in 2001 FBC, Chapter 6. 11. At time of permit review, submit signed and sealed working drawings of the X proposed constmction. 12. Add a labeled symbol to the site plan drawing that identifies the location of X the handicap accessible parking spaces. The quantity of the spaces shall be consistent with the regulations specified in the 2001 FBC. The accessible parking spaces that serve a use shall be located on the shortest safety accessible route of travel from adjacent parking to an accessible entrance. The 2001 FBC states that buildings with multiple accessible entrances shall DEPARTMENTS INCLUDE REJECT have accessible parking spaces dispersed and located closest to the accessible entrance. 2001 FBC, Sections 11-4.1.2(5), 4.3, and 4.6. 13. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The installed symbol, required along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum clear width of an accessible route shall be 36 inches, except at curb ramps that are part of a required means of egress shall not be less than 44 inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with 2001 FBC, Section 11-4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones). Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 200I FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 14. Add to the drawing the calculations that were used to identify the minimum X number of required handicap accessible parking spaces. Also, state the code section that is applicable to the computations. 15. Indicate on the floor plan drawing within the footprint of the building the X primary use of the building. If the building is an expansion of an existing building, indicate ~vith the footprint of the new and existing building the primary use of the building. 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. The number of handicap accessible parking spaces shall comply with the [ X 2001 FBC, section 11-4.1.2(5)(a). I 18. Sheet A-2 - The doors to the accessible toilet rooms shall not swing into the X clear floor space of fixtures per the 2001 FBC, Section 11-4.22.2(1). 19. Indicate on the plan the number of occupants based on 2001 FBC, Table X 1003. 20. A smoke detection system is required per the 2001 FBC, Section X 418.7.2. PARKS AND RECREATION Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Commgnts: 21. The comment under "General Notes" pertaining to the existing site X landscaping is no~t all existing. There are many site trees and additional landscaping that have been damaged or destroyed by the t~vo past hurricane events. A new landscape plan should be submitted in conjunction with the site plan. PLANNING AND ZONING Comments: 22. Number each parking space on the site plan. 23. Provide an affidavit regarding the applicant's responsibility for public X noticing, consistent with Ordinance No. 04-007. 24. The facilities shall comply with Health Department and all other Regulatory X Agency requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WPXPROJECTS~Dr. Ka Hock Dy Go Office\COUS 05-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Parcel "C" APPLICANT'S AGENT: Jason Mankoff, Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CiTY COMMISSION: February 1, 2005 TYPE OF RELIEF SOUGHT: Request for Conditional Use/New Site Plan approval for a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel in a C-3 zoning district LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road 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 and 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. TheApplica/nt ,-'"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: c~ --~- S:\Planning\SHARED\WP\PROJECTS\g forP&D.doc City Clerk 3rove Plaza Parcel C\COUS r 1 in. = 3t3.0 feet COUNTY PO LAWRENCE. RD LOCATION MAP EXHIBIT B tl; i ~ ;II I i I[ GROVE PLAZA PARCEL 'C~ EXHIBI'T [ : ~l,l! GROVE PLAZA PARCEl. 'C~ H ~olu×a Rood ~o~a. Beach E. XHIBIT B GROVE PLAZA PARCEL 'C' H ypo~u×o Rood ' h' Ih! .d.t, I :! ,dt' qH Iii I EXHIBIT B EXHI-BIT B i il i( EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel C File number: COUS 05-002 Reference: nd ..... 2 review plans identified as a Condmonal Use with a December 14, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. 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 Conmaission 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 the project's completion, so please be as accurate as possible. 2. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 3. 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)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 7. The Utility plan depicts a sewer lateral being placed beneath a tire storage X area. This configuration is not recommended. 8. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 9. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 10. 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. 11. 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. 12. Maximum runoff distance over impervious surfaces before diversion to X percolation areas is fifty (50) feet (LDR, Chapter 6, Article IV, Section 5.B.2.a.) 13. 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. BUILDING DIVISION Comments: 14. 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. DEPARTMENTS INCLUDE REJECT 15. X Buildings, structures and parts thereof shall be designed to withstand the 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. 16. At time of permit review, submit signed and sealed working drawings of the proposed constmction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that 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. 19. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. CBBCO, Chapter 26, Article II, Sections 26-34) 20. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X X X X X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 21. X All shade trees on the Plant List must be listed in the specifications as a minimum of 12'-14' height, 3" caliper at DBH (4.5' offthe ground), and Florida # 1 (Florida Grades and Standards manual) The height of the trees may be larger than 12'-14' to meet the 3" caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] The landscape design should include 2 City signature trees (Tibochina granulosa) at each of the project ingress/egress location. These trees must meet the minimum tree specifications. [Environnemental. Regulations, Chapter. 7.5, Article 1I Sec. 5.C.3, N.] 22. X ~onditions of Approval DEPARTMENTS INCLUDE REJECT 23. The elevation (height) of the vehicles and the raised berm area in X relationship to each other should be shown on the detail plan. Irrigation Plan 24. There is no irrigation system design included with the site plans. The X irrigation design should be micro-irrigation for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec. 5A.] 25. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. Environmental Regulations, Chapter 7.5, Article II Sec. 5. c.2.1 26. All trees on the site should receive irrigation from a separate bubbler. X [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 27. The landscape buffer along Hypoluxo Road shall contain a combination of X colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row or in clusters spaced no greater than twenty (20) feet apart, beginning at the project entrance. The focus of this landscape material will be to create an aesthetically pleasing buffer from Hypoluxo Road. 28. Repeat the planting of the vahegated arbricola depicted in front of the X storefront windows at the base of the large columns of the arches. Additionally, the planting scheme currently depicted around the western column should be mirrored at the eastern column. 29. Owner to arrange for timely pick-up of used tires to ensure fires are not seen X above the masonry enclosure or that they are not stacked outside said enclosure. Additionally, outdoor storage or accumulation of auto parts and/or inoperable vehicles will be prohibited. 30. The proposed bollards shall be decorative in nature, as the B-3 model X submitted for review. 31. Staff recommends the applicant consider elimination of the Montgomery X palms and replace them with groupings of green and silver buttonwoods at varying heights (7-12 feet) along the east and west landscape buffers, to provide greater screening of the activity within the garage bays. 32. The billboard (or remains thereof) must be removed prior to the issuance of X the first permit for the project. DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT CONDITIONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s 5Planning\SHARED\WP~PROJECTS\grove plaza\Grove Plaza parcel C\COUS 054)02\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Quantum Park NOPC #15 (MPMD 05-006) Eugene Gerlica, Quantum Group of Companies .- ngleeeflng 0cc. LicenSe 0nputy City Clerk APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C-16) Canal 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 ~" 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 Applicap~'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. DATED: S:\Planning Other City Clerk Amendment #15 + EXHIBIT B ----.--l ,J I ~t~l~ll'''''~'~ i I V SN~NNVI~ EXHIBIT C EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC # 15 File number: DR1A 05-001/MPMD 05-006 Reference: 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. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence Conditions of Approval DEPARTMENTS INCLUDE REJECT 2. Provide notice of concurrency (Traffic Performance Standards Review) from X Palm Beach County Traffic Engineering. 3. Provide notice of school concurrency from Palm Beach County School X ] Board for the additional 105 residential dwelling units being requested. I 4. Amend the Substantial Deviation Determination Chart under "Attraction X and Recreation" to reflect a "0" below the heading of "Proposed Change" instead of N/C for the 4,000 seat movie theater. 5. Height is not a characteristic of the DRI or the Master Plan. Height limitations X are located within the Planned Industrial District (P1D). Therefore, the height request will not be addressed in the NOPC. Ifa change is proposed to the height limitation, a Code Review (CDRV) request, justification and review fee must be submitted to amend the PID regulations. 6. The applicant is asked to acknowledge that the City is currently in litigation X regarding heights exceeding 45 feet ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. (~D~ ~ S:~Planning\SHARED\WPh°ROJECTS\Quantum Park NOPC #15-MPMD\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Parcel "C" APPLICANT'S AGENT: Jason Mankoff, Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 ~ngi~~ '~ I )CC. Lica~e_. . I )eput~ C i t Y. _C_ I e_r~=I DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2005 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to convert Parcel "C" from a proposed 6,540 square foot retail use to a 6,832 square foot minor automotive repair use on a 0.823-acre parcel in a C-3 zoning district LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic ~ant ./' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance and conditions of this order. 7. Other-,'~ DATED:r~ -/'/-O~- ~ ~'7r)'?· /"-/~'-'~-~ /' --,/ City Clerk S:\Planning\SHARED\WP\PROJECTS\grove~pJa,Z'a\Grove Plaza Parcel C\MPMD 05-003\DO forP&D.doc COUNTY PO LAWRENCE. RD LOCATION MAP EXHIBIT B EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel C File number: MPMD 05-003 Reference: rewew plans ~dentified as a Master Plan Modification with a December 14, 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: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: I. Item 6, Tract "G" has not been completed in accordance with thc details X noted in this item. PLANNING AND ZONING Comments: Conditions of Approval Z DEPARTMENTS INCLUDE REJECT 2. The Parking Data table should be amended to correctly total the required X parking (156 not 162) and the provided parking (196 not 200) for the entire master plan. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\S HARED\WP\PROJ ECTS\grove plaza\Grove Plaza parcel C~MPMD 05-003\COA.doc