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Minutes 02-15-05MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSIONER CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 15, 2005 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 I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Dr. Solomon Rothstein - 2nd Police Chaplain Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Solomon Rothstein, 2nd Police Chaplain, offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Proposed Ordinance No. 05-005, Item XII.A.8, remain on the table until the next meeting. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson attended for the fourth time the Fire Department graduation ceremonies that took place in the Clayton Conference Center at Bethesda Hospital. Commissioner Ferguson was very impressed with the professionalism and expertise of Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 the Fire and EMT staff, especially noting the training and education they are required to complete. He thanked Chief Bingham for inviting him to the ceremonies, Commissioner Ferguson read some recent articles in the newspapers regarding the Mayors of Boca Raton and Delray Beach providing their support for the Mecca Farms site to be the location for the Scripps Research facilities. He also would like this Commission to add their support by Resolution of the Mecca Farms site. Mayor Taylor, as well as most of the South County Mayors, were present to endorse and recommend to the Palm Beach County Commission that the Mecca site be selected as the Scripps location. Commissioner Ferguson requested that this Board unanimously support the Resolution. Commissioner Ensler felt Scripps was very important for the future of the County. Vice Mayor McCray wanted to make certain that the County Commissioners had all the necessary information to make the site selection before endorsing a particular site. However, if the Commission wanted to support the Scripps site, he was prepared to do so. Commissioner McKoy also felt Scripps was important for the County, as well as the State, noting that there was a great deal of controversy concerning the site of the project. However, he was prepared to endorse a Resolution to support the Mecca site. Mayor Taylor reported that the County Commission met today to discuss the Scripps site. On February 22nd, the Commission will select an alternate site in the event Mecca is not available. The public will be able to provide input at that time. Vice Mayor McCray noted that he spoke at length with Mr. Bressner on February 7th regarding the issues in District 2 that Vice Mayor McCray brought forth recently. He indicated Mr. Bressner apologized for failing to acknowledge those issues and assured him that he would do everything possible to address them and the other issues in the City to make sure that everyone is on the same page. Vice Mayor McCray also stated that enjoyed working with Mr. Bressner and is looking forward to Mr, Bressner's return so they could continue to work together to move the City forward. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: Wayne Segal, Public Affairs Director, made the following announcements: B. Community and Special Events: Boynton Beach City Library - Brown Bag Series 2005 -February 28th, 2005 from 12:00 Noon to 1:00 p.m. in the Library Program Room - Sponsored by the Friends of the Library - Free to the public 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 "The Friends of the Library" are hosting their 16th Annual Benefit Luncheon on Monday, Feb 21, at Benvenuto's Restaurant. The author is James W Hall, whose newest released book is Forests of the Night, 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. Week 3: Book Fair VIP Autograph Session Book Fair General Public Coronation Youth Awards Poinciana February 19 5:00 p.m. Poinciana February 19 6:00 p.m. Poinciana February 19 7:30 p.m. Poinciana February 19 8:30 p.m. Week 4: Parade Seacrest February 26 Concert -"An International Affair" R&B - Classique, Regina Bell & Howard Hewitt Reggae - Glen Washington Trinidad and Tobago - Trinny Latin (TBD) MLK February 26 4:00 p.m. 6:00 p.m. International Celebration (Around the World in one day - Elementary Schools adopt a country) MLK Carnival Wilson Park February 24, 25, 26 & 27 Further information regarding Heritage Fest is available at their Website at heritagefest2005.com. Mr. Segal also presented to the Commission the City's new 2005 Guide to City Services that contained a myriad of information about the City. There were also copies in the Chambers that were available for the public. C. Presentations: 1. Proclamations: a. Rotary International Day - February 23, 2005 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mayor Taylor read the Proclamation declaring February 23, 2005 as Rotary International Day. The Proclamation was presented to the City Clerk for distribution. NEW Congress Middle School presentation of the School Board of Palm Beach County by Angela Usher, Planner and Helen Lavalley, Planner Ms. Angela Usher from the School District reported that construction of the new Congress Middle School would begin in 2005 with a completion date for August 2007. Ms. Usher introduced Ms. Lavalley, the Planning Manager of the project, and other members of her party. Ms. Lavalley presented a brief background of the comprehensive modernization of Congress Middle School. This equates to replacement of the facility on site. The original school was built in 1976 and sits on approximately 30 acres. The building and grounds will be updated to current standards. Congress Middle School is a magnate school for pre-med and engineering. The equipment for these students will be state-of-the-art. School capacity is 1,300 students with no proposed increase. Ms. Lavalley noted that the project has two constraints. The first one is that there are existing uses on site and the second constraint is that the students would remain on site during construction. Ms. Lavalley commended Commissioner Ensler for his assistance and input and the City staff for their help as well. Ms. Lavalley introduced the architects for the project that presented a PowerPoint presentation of the New Congress Middle School. Some of the salient points of the project were: · Uses on site will be the school, maintenance yard and lTV. · The new school will be located in the rear portion of the site that will include a scenic retention lake, and a long entry drive to the new school. · The School will consist of two separate buildings. One building would be for academics and the second would be an assembly building. · Amenities include basketball courts, tennis courts, and track. · The maintenance yard has been compressed and will be shielded with more landscaping. · A new collector road will be added at the south end of the site. · The access road will have its own signal to facilitate access. · There will be a new landscape buffer around the front of the school with park- type fencing. · The tower has been relocated. · The basketball courts have been relocated. · The building will be phased and the maintenance yard will be cleaned up. · It will take approximately 18 months to build the new school. · The old building will be torn down and replaced with the field amenities. · Security and safety features would be built into the school. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 · The assembly building will be located across the courtyard. Included in this building are the locker rooms and gymnasium. · The architecture is Mediterranean with barrel tile detailing. Vice Mayor McCray inquired about the trailers located on Congress Avenue. The architect stated that they have all been sold and there will be no more trailers. Mayor Taylor asked about the portables on site and was informed that those would be removed as well. Mayor Taylor noted he was Mayor when the School Board requested the City to allow them to put up the antenna on the pole and in exchange for this, the School Board stated that they would completely hide the yard and trailers. However, none of the promises made by the School Board were kept. Mayor Taylor asked what the status of the maintenance yard would be. Commissioner Ensler responded that the maintenance site would be totally removed to another site. David Swan, Senior Project Administrator for the School District, stated that the property has already been cleaned. They are looking for another location to relocate the maintenance yard. Until such time, a portion of a permanent building will remain until this property can be located. Mr. Swan also noted landscaping would shield the maintenance yard and staff is assisting them in locating a site for the maintenance yard. Commissioner Ensler commended the School District and City staff in working together to bring this project to fruition. He personally thanked Mr. Swan, who was instrumental in bringing such a high caliber school to the City. Commissioner Ensler pointed out that the project also included two ball fields, track, basketball courts, and tennis courts that will be available to the City. Discussions are taking place if a soccer field could also be introduced. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, 1711 Wood Fern Drive, asked if the Planning and Development Board would be involved with the design of the school and Commissioner Ensler stated that the Planning and Zoning staff were involved. Mr. Suss asked about the date for the Advisory Board Dinner and was informed that the dinner is scheduled for a date in April. Mr. Suss reported that a Valentine Day celebration took place yesterday at the City's Golf Course that was attended by 36 couples. Everyone had a great time and Mr. Suss complimented Ms. DeFosse for her efforts in putting together this event. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mr. Suss announced on Saturday at the Rolling Green Municipal Complex on 14th Street a CERT drill would take place at 9:00 a.m. Everyone was invited to attend and noted that a new class will begin in March. Mr. Suss asked about the status of the FP&L light towers and inquired about the police investigation that he read about in the newspaper. Lastly, Mr. Suss reported that he received a telephone call on Sunday from Mr. Bressner who informed him that he is doing well. Mayor Taylor informed Mr. Suss they cannot respond to the Police investigation since this is an ongoing investigation. Regarding FP&L, Mayor Taylor met with representatives two weeks ago regarding the City's concerns. Mayor Taylor received positive information and anticipated that the public will be pleased with the results. Barry Volkman is the music director of a newly formed Boynton Regional Symphony Omhestra. The first rehearsal was held Thursday night at Boynton Beach Community High School and 20 people of all ages attended the rehearsal. He would like to have more players as well as people to sit on their Board of Directors to become more established in the community. Mr. Volkman thanked Commissioner Ensler, Mr. Bressner and Mr. Majors for their assistance in securing the band room at the Boynton Beach High School for their rehearsals. Anyone who wanted to participate in the symphony or to help in anyway should contact Mr. Volkman at 304-3937. Gertrude Sullivan, 201 NE 6th Avenue, Boynton Beach, commended Vice Mayor McCray for stating he wanted to get back together in order to stop the controversy taking place in the City. Ms. Sullivan was concerned about the property in her neighborhood being sold to developers and asked where the families being displaced could find new homes. Lastly, Ms. Sullivan asked if Wilson Center was still on course. Mayor Taylor informed Ms. Sullivan that the Wilson Center is still on course. With regard to people being displaced, he pointed out the City has many programs to assist in this area. Sherri Johnson, Community Caring Center, 145 NE 4th Avenue, Boynton Beach, serves on the Palm Beach County United Way Long Term Recovery Committee being organized to assist hurricane victims. They will be making a presentation to the County at the end of March regarding grant funds that will be available for homeowners to make repairs to their homes. In order to determine those families that need assistance, the Lutheran Disaster Services Needs Assessment Form must be completed. Ms. Johnson recommended that people complete this form in advance so when the funds are available, they would be considered first. Ms. Johnson announced that a nutrition education program at the Treasure Chest Learning Center is starting up. On Thursday morning at the Community Garden the children would be participating in their first project, which is planting. They will also be going on a field trip to learn about farming and produce. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mayor Taylor noted the wondedul work the Community Caring Center provided to the needy in the City. Ms. Johnson announced that their pantry is Iow and they are in need of donations. The phone number for the Community Caring Center is 364-9501. Ms. Johnson can be reached at extension #25 and to ask for help, dial extension #21. Hispanic people should dial extension #24. Steve Homrich, 690 NE 15th Place, a member of INCA, reported on action that took place at their monthly meeting last night. INCA is in favor of preserving the Old High School. They are looking at ways to find a process for better compatibility for future developments. Dan DeCarlo, the City's Neighborhood Specialist, was their guest speaker, and two issues were discussed. INCA is looking to link their Web site to the City's Web site. They would like to work with the City in getting Federal Highway cleaned up and to address the poor condition of the CVS Pharmacy benches. The public audience was closed. Vice Mayor McCray inquired about the trailer located at the Civic Center. Mr. Majors stated that this trailer belonged to the construction company that would be doing the Library renovations. V. ADMINISTRATIVE: Accept resignation from Diana Johnson, Regular Member of the Golf Course Advisory Committee Motion Commissioner Ferguson moved to accept the resignation of Diana Johnson, Regular Member of the Golf Course Advisory Committee. Motion seconded by Vice Mayor McCray and unanimously carried. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/05 IV McKoy Bldg. Bd of Adj & Appeals Alt Mayor Taylor Bldg. Bd of Adj & Appeals Reg I Ensler Bldg. Bd of Adj & Appeals Alt II McCray Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/07Tabled (3) 3 yr term to 4/07Tabled (3) 1 yr term to 4/05Tabled (3) 1 yr term to 4/05Tabled (3) III Ferguson Cemetery Board Alt 1 yr term to 4/05Tabled (3) III Ferguson Code Compliance Board Alt IV McKoy Code Compliance Board Alt 1 yr term to 4/05 TabBed (3) 1 yr term to 4/05 TabBed (2) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 IV McKoy II McCray Community Relations Board Alt Community Relations Board Alt 1 yr term to 4/05 1 yr term to 4/05Tabled (3) IV McKoy Education Advisory Board Stu 1 yr term to 4/05 II McCray Golf Course Advisory Committee Reg 5 yr term toe/05 Mayor Taylor Recreation & Parks Board Reg 3 yr term to4/06 Mayor Taylor appointed Ralph Diaz as a Regular Member of the Recreation and Parks Board. Since Mr. Diaz is a current member of the Senior Advisory Board, he will be submitting his resignation from that Board. Motion Vice Mayor McCray moved to approve the appointment of Ralph Diaz as a regular member of the Recreation and Parks Board. Motion seconded by Commissioner McKoy and unanimously carried. All other appointments were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. City Commission Meeting - January 18, 2005 Agenda Preview Conference - January 28, 2005 City Commission Meeting - February 1,2005 City Commission Workshop - January 31,2005 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget Award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/CJD, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department Commissioner Ensler removed Item B.1 from the Consent Agenda for discussion. Award the "CLASSIFICATION & COMPENSATION STUDY", RFP #015-1610-05/CJD to MGT OF AMERICA of Tallahassee, Florida, 8 Meeting Minutes Regular City Commission f4eeting Boynton Beach, Florida February 15, 2005 with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO. R05-020) Vice Mayor McCray removed Item B.2 from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 2OO5) Vice Mayor McCray removed Item C.1 from the Consent Agenda for discussion. Proposed Resolution No. R05-021 Re: Authorizing the execution of a contract for Federal lobby services with the firm of U. S. Strategies Corp. (USSC) at an annual cost of $60,000 (a portion of this cost is proposed to be shared with the CRA) Proposed Resolution No. R05-022 Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 Commissioner Ensler removed Item C.3 from the Consent Agenda for discussion. Proposed Resolution No. R05-023 Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2MhilI, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05- 01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final architectural design and construction oversight services for the Intracoastal Park Clubhouse Vice Mayor McCray removed Item C.4 from the Consent Agenda for discussion. Proposed Resolution No. R05-024 Re: Approving and authorizing the execution of Amendment #1 to Task Order No. U04-14-01 to Mathews Consulting, Inc. (MCI) for $102,715 to provide professional engineering services for the NW 17th Avenue (Rolling Green) Stormwater and Water Main Improvement Project Proposed Resolution No. R05-025 Re: Authorizing the Approval of Modification to Hazard Mitigation Grant Agreement (permanent hurricane window coverings for second floor City Hall windows), which will result in a reimbursement to the City of $40,780 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 10. 11. Proposed Resolution No. R05-026 Re: Authorizing the execution of Agreements for Water Service Outside the City Limits with: Lori Podray as Customer and Hypoluxo Homes LLC as Contract Vendee: and Epamhy of Passaic as Customer and Hypoluxo Homes LLC as Contract Vendee, for the proposed project known as Nicola PUD, located west of Military Trail and south of Hypoluxo Road (PROPOSED RESOLUTION NO. R05-027) Proposed Resolution No. R05-028 Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board of January 20, 2005 as follows: Authorization to enter into an agreement with the City of Delray Beach to expand their contract for the reuse line with Chaz Equipment for Area 1 reclaimed water system into the South Central Plan in the amount of $415,240 with the cost to be split 50/50 from each city's capital funds; and Authorization for chairman to sign agreement with Solid Waste Authority for South Central to participate in the construction and operation of the Biosolids Pelletization Project. The construction cost of $5,643,362 will be split 50/50 from each City's Capital funds. Proposed Resolution No. R05-029 Re: Authorizing the execution of Task Order No. U05-11-1 for $87,355, plus a 5% contingency in the amount of $4,367.75, for a total budget appropriation of $91,722.75, to LBFH, Inc. to provide professional engineering services for the design, permitting, bid phase and construction phase for the replacement of approximately 2,500 linear feet (LF) of 10~inch force main within the Platina force main system Proposed Resolution No. R05-030 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1018 Highland Road, Lake Worth, FL (RIDGE GROVE LT 54) Proposed Resolution No. R05-031 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1026 Highland Road, Lake Worth, FL (RIDGE GROVE LT 53) 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 12. Proposed Resolution No. R05-032 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the properly at 1034 Highland Road, Lake Worth, FL (RIDGE GROVE LT 52) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None Approve Closeout Change Order #1, increasing Purchase Order #050600 by $6,406.16, and approve the Final Application for Payment to Chaz Equipment Company, Inc. The Final Application for Payment is $33,394.22, including the recommended increase. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy, $1,000 from Commissioner Bob Ensler, $1,000 from Mayor Taylor and $2,000 from Vice Mayor McCray for Heritage Fest 2005 Commissioner Ferguson removed Item VI.G. from the Consent Agenda for discussion. Approve the full release of surety covering the water and sewer systems for the project known as Polo Ridge, and refunding the cash surety in the amount of $3,085 to the developer, Polo Ridge Developer, LLC Approve the full release of surety covering the water and sewer systems for the project known as BorgateJSan Savino (aka Melear PUD) and returning Letter of Credit No. 3704313 from Bank of America to the developer, Continental Homes (D.R. Horton) Motion Commissioner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray and unanimously carried. Award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/CJD, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department Commissioner Ensler noted there were three bids, one of which was a minority firm. Commissioner Ensler would like the City to award more bids to minority firms and 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 questioned if the bid could be split between the two firms that bid the lowest, or in the alternative to go out for new bids. Nem Gomez, Interim Utility Director, was prepared to revisit this item if the Commission wanted to do so. He was not involved in the details of the selection. Commissioner Ensler inquired if it was important that this bid be approved tonight. Mr. Gomez would have to check with staff on this. Vice Mayor McCray inquired if it was the City's practice to split bids. Mr. Mummert responded that it has not been the City's practice to split bids, but he did not think splitting bids was prohibited. Mr. Mummert pointed out that this particular bid has always been awarded in the aggregate to the firm with the lowest aggregate total. Mayor Taylor did not think this type of bid could be split, which Mr. Gomez confirmed was correct. Mayor Taylor acknowledged the issues brought up by Commissioner Ensler and now that staff is aware of how they would like the bids selected, he felt they should approve the bid. Commissioner Ensler inquired if the bids could be worded that would give the City an option to award a bid separately. Attorney Cherof stated that this could be done, but the Commission should keep in mind that this could affect the amount of the bids. Commissioner Ensler would encourage all departments to award more minority bids. Mr. Mummed spoke to the Purchasing staff and conveyed the Commission's wishes. Commissioner McKoy felt that the City needed to be more aggressive in awarding minority bids and recalled that these same discussions have taken place many times. He also requested that staff be more cognizant to awarding more bids to minorities. Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner Ferguson and unanimously carried. Award the "CLASSIFICATION & COMPENSATION STUDY", RFP #015-1610-05/CJD to MGT OF AMERICA of Tallahassee, Florida, with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO. R05-020) Vice Mayor McCray pulled this item at the request of a citizen who wanted to address this item. Brian Edwards 629 NE 9th Avenue, Boynton Beach was in favor of awarding the RFP and felt this would be a good time to move forward with this item and the firm being recommended appeared qualified to do the work. Mr. Edwards noted that the study appeared to be extensive and he questioned if it could be completed between now and June. He also thought the cost was quite high considering the amount of work that was 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 to be performed. It also appeared at the end of the study, the City would have the option to purchase a maintenance plan for the job evaluation tool software. The backup also noted that MGT of America has the ability to provide staff with a four-year implementation plan. Mr. Edwards felt this type of wording meant that the City would have to bear additional unknown costs at the end of the study for the purchase of the software beyond the original costs of $66,000. Mr. Edwards also inquired how this would benefit the City's hiring process. Amy Brown, from MGT of America, explained that the maintenance plan for the job evaluation tool is very easy to use once staff is trained and merely provides basic assistance and maintenance of the tool. The cost for this is much less than the contract itself. Also Ms. Brown pointed out that it is at the City's discretion whether they want to purchase the maintenance tool or not. Motion Vice Mayor McCray moved to award the contract. Motion seconded by Commissioner McKoy and unanimously carried. Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 2005) Motion Vice Mayor McCray moved to remove the item from the table. Motion seconded by Commissioner Ferguson and unanimously carried. Vice Mayor McCray pulled this item at the request of a citizen. Sherri Johnson, of the Community Caring Center, had several questions regarding the City's grant funding process and provided the Clerk with her comments, which are on file in the City Clerk's Office. Ms. Johnson did not think the Resolution was clear as to whether this applied only to the CDBG funding or if the City gave out other kinds of grants. However, she pointed out, that the comments she provided were made as if the Resolution only applied to CDBG funding. Ms. Johnson recommended adding language to "Access to Funding" under "General Policies" to be tied to the City's priorities contained in the Comprehensive Plan. She also felt the priorities should be rated, high, medium or Iow to address the needs in the City. Secondly, Ms. Johnson recommended that the application be in other languages besides English, but when the actual grants are submitted they would be in English. Before scoring the applications, they should be reviewed for completeness and scoring of the applications should be done on completeness. She did not think that additional time should be given applicants that provide missing documentation. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Ms. Johnson recommended the City establish an advisory board to assist with evaluating grant applications. Ms. Johnson brought forth many other recommendations regarding the grant process. Mayor Taylor suggested that staff review Ms. Johnson's recommendations, but he would like to move the item forward. After staff reviews Ms. Johnson's recommendations, if they feel there is a need for additional amendments to the Resolution, they could bring them back to the Commission. Vice Mayor McCray had concerns about the Resolution and the issues Ms. Johnson raised. He also had some of his own questions and felt that the Resolution needed clarification on several points. He questioned if this only applied to the CDBG program or were there other grant programs in the City. Vice Mayor McCray inquired what the difference was between a 'facilitator" and "gatekeeper" on page 4. He also noted that the Resolution was not clear on whether the policies applied to all grants or specifically to the CDBG program. Vice Mayor McCray had other comments. Mayor Taylor recommended tabling the item to allow staff to re-work the Resolution and bring it back. Motion Vice Mayor McCray moved to re-table. Motion seconded by Commissioner Ferguson and unanimously carried. Mayor Taylor recommended setting up a Commission workshop with the committee and then bringing it back to the Commission. Proposed Resolution No. R05-022 Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 Commissioner Ensler inquired what the costs would be for a spray pool and asked Mr. Majors to address this. Wally Majors, Recreation and Parks Directors, reported that he contacted the County and did some further research. As a result, he has determined that a spray ground would cost between $300,000 to $350,000. The costs for an interactive splash pool would cost $1.1 million. Commissioner Ensler noted the funds for a spray ground have not been budgeted, but if possible, when Kimley-Horn does the final design, he would like the infrastructure for this facility included that would include, water, drainage, electricity, etc. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner Ferguson and unanimously carried. Proposed Resolution No. R05-023 Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2MhilI, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05- 01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final architectural design and construction oversight services for the Intracoastal Park Clubhouse Vice Mayor McCray noted that the Commission must approve the location for the new clubhouse. Mayor Taylor stated that two options were provided; one was to place the clubhouse along Federal Highway and the second option was to place it along the Intracoastal. Vice Mayor McCray felt it was important to locate the clubhouse along the water. Mr. Majors also felt the water was the best location for the clubhouse and pointed out how it would provide a unique attraction for the City. Motion Vice Mayor McCray moved for approval with the location of the clubhouse along the water. Motion seconded by Commissioner Ferguson. Commissioner McKoy pointed out the western portion of the Park along Federal Highway is used for parking. He felt that putting the clubhouse at the Intracoastal would be advantageous in order to keep the current parking area. Vote The motion carried 5-0. VI.G. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy, $1,000 from Commissioner Bob Ensler, $1,000 from Mayor Taylor and $2,000 from Vice Mayor McCray for Heritage Fest 2005 Commissioner Ferguson pointed out that he had previously contributed to the Heritage Fest. Motion Commissioner Ferguson moved for approval. Motion seconded by Vice Mayor McCray and unanimously carried. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: Motion to pay settlement from court ordered mediation in the amount of $9,000 in the case Shirley M. Akins v. City of Boynton Beach (The initial demand made prior to and at mediation was $150,000.) Motion Commissioner Ferguson moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Seaview Park Club (NWSP 04-014) - 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 feet north of the Boynton C-16 Canal - Request for new site plan approval for the construction of 69 condominium units on 3.756-acres in the IPUD zoning district (RETURNED TO COMMISSION FOR RECONSlDERATION) Attorney Cherof pointed out that the Commission at their last meeting heard these items and they are now being returned to the Commission for reconsideration as the result of a motion to do so. The Commission is being asked to approve additional conditions to the site plan approval process. Commissioner Ferguson inquired if a motion for reconsideration was necessary, and Attorney Cherof stated a motion was not necessary. Attorney Cherof recommended the three items be heard separately. Attorney Morell noted on January 25, 2005 they submitted a letter requesting a revised amendment to condition #48 and three additional conditions. The letter was considered a motion for reconsideration at the February 1, 2005 meeting and the Commission voted to reconsider. The parties continued to meet and on February 11, 2005, Attorney Morell forwarded a letter to Mike Rumpf, the Planning and Zoning Director, reporting progress in the talks. His clients reviewed Mr. Weiner's letter and are in complete agreement with that letter. Therefore, based upon this, they are now withdrawing their request for three new additional conditions, provided that the revisions to condition #48 and other principles set out in Mr. Weiner's letter be included. As a result, City staff drafted additional conditions that were E-mailed to him today and they are acceptable. Attorney Morell requested that staff present those recommendations. If the Commission, along with the applicant agreed to those recommendations, they would consider the matter resolved. Attorney Michael Weiner, for the applicant, acknowledged that they received staff's recommendations and agreed to the additional conditions proposed by staff. Mr. Hudson distributed the additional conditions referred to by Attorney Morell, a copy of which is on file in the Office of the City Clerk. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 Mike Rumpf, Planning and Zoning Director, stated the conditions being presented are a consolidation of comments generated by all parties and have been reviewed thoroughly by staff, especially the comments regarding buffer landscaping changes. Mr. Rumpf reviewed the additional conditions as follows: · Comment #56 is comment #48 that limits the project to three stories and includes what would or would not be allowed on the roofs. · Comment #57 is the elimination of comment #49 dealing with the rooftop patio area and that comment is no longer necessary. · Comment #58 deals with the conversion of tree species from Laurel Oaks to Live Oaks. · Comment #59 is an amendment to comment #52 and includes other tree options. · Comment #60 is the elimination of comment #53. This comment originally required that the trees not be "hurricane cut." · Comment #61 is an amendment to comment #54 that would allow the south buffer to be designed as agreed upon by all parties and a greater range in tree height. This is included in the conditions as Drawing #L7. · Comment #62 is new and deals with the changes in the elevations of the buildings. In addition, the comment requires notification to INCA and a representative for the homeowners. · Comment #63 addresses the dock facilities. · Comment $#64 addresses lighting. · Drawing Pla is a photometric plan. Steve Homrich, 690 NE 15th Place, representing INCA, reported they are in agreement with all the conditions, but requested clarification on Condition #56 dealing with the height. When this was originally discussed, the intent was the height would be no higher than Manatee Bay to the north and does this still apply to the mid-point of the roof or is Manatee Bay 38' to the top of the building? Mr. Rumpf was not certain on this, but thought it was to the peak. If this was the case, Mr. Homrich inquired if the project could go higher and Mr. Rumpf stated that it would depend upon the final design of the roof, and it could be a little bit higher. Commissioner Ferguson pointed out the Commission was just furnished with this information and he has repeatedly requested that information be provided in a timely manner. Motion Commissioner Ferguson moved for approval. Motion seconded by Commissioner McKoy. For clarification, Attorney Cherof noted that this motion approved the site plan with the conditions of approval that have been handed out as Exhibit C. 17 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 Vote Motion carried 5-0. Motion Vice Mayor McCray moved to remove items VIII.A.1 and 2 from the table. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Cherof stated these two items could be heard together as one public hearing. The applicant had no objection. Attorney Morell, on behalf of his 16 clients, also had no objection. 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) (2"d READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-006 by title only. 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) (2N° READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-007 by title only. Attorney Cherof announced that after the public hearing the Ordinances had to be adopted separately. Mayor Taylor opened the public hearing for Ordinance No. 05-006. Attorney Morell, representing the 16 landowners, referred to his letter of February 11, 2005, and stated that they support this plan amendment and encouraged the Commission to look to the neighborhoods for their input in the future. On behalf of his clients, they support Ordinance No. 05-006. Since no one else wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-006. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Motion February 15, 2005 Commissioner Ferguson moved to approve Proposed Ordinance No. 05-007. Motion seconded by Commissioner McKoy. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Vote City Clerk Prainito called the roll and the motion carried 5-0. Assistant City Manager Sugerman commended City staff for their attentiveness in finalizing this item, as well as the applicant and the opponents for working with staff. He felt that all parties came together in a true spirit of compromise. RECESS WAS DECLARED AT 8:12 P.M THE MEETING RESUMED AT 8:23 P.M. B. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) (CRA HAS REQUESTED POSTPONEMENT) Brady Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commemial (LRC) (1't READING OF PROPOSED ORDINANCE NO. 05-); and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (1sT READING OF PROPOSED ORDINANCE NO. 05-) Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway - Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning district (CRA HAS REQUESTED POSTPONEMENT) Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway - Request for a height exception of 3'-2" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78'-2" in height, a distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district (CRA (APPLICANT HAS REQUESTED POSTPONEMENT) HAS REQUESTED POSTPONEMENT) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Motion Commissioner Ferguson moved to table Items VIII.B.1. & 2. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Cherof requested these items be tabled to dates certain--April 5, 2005 and April 19, 2005. Commissioner Ferguson amended his motion accordingly and Vice Mayor McCray seconded the amended motion that unanimously carried. Amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8., M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts (1s? READING PROPOSED ORDINANCE NO. 05-015) Attorney Cherof read proposed Ordinance No. 05-015 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 05-015. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: Mr. Sugerman reported on Mr. Bressner's medical condition. Mr. Bressner has been moved to a regular hospital room. Hopefully, he will be discharged in a day or two. Mr. Sugerman felt that Mr. Bressner would require a recuperation period between four to six weeks. Everyone wished Mr. Bressner a speedy recovery. Vice Mayor McCray asked Mr. Sugerman if he would be with the City during this four to six week period. Mr. Sugerman also reported Assistant City Manager Wilfred Hawkins would be out for an extended period as well. He acknowledged that he has been selected as the number one candidate by Highland Beach to be their Town Manager and is in negotiations with them. Mr. Sugerman cannot answer Vice Mayor McCray's question until the negotiations have concluded. As soon as he knows what his intentions are, he will communicate them to the Commission. X. FUTURE AGENDAITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) 2O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February ~.5~ 2005 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 end CRA) D. Annexation of Enclaves (TBA) E. Hurricane Design for Public Buildings F. City Manager's Evaluation (October 2005) Presentation of the After-action Report regarding the 2004 Hurricane Season (TBA) Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association (TBA) Vice Mayor McCray requested Item H. be corrected to read "The Heart of Boynton Ministerial Association." I. Disposition of Old High School (March 1) Xl. NEW BUSINESS: None Xll. LEGAL: Motion Vice Mayor McCray moved to remove all the tabled items, except Item A.8 from the table. Motion seconded by Commissioner Ferguson and unanimously carried. Attorney Cherof announced all citizens that are interested in the Ordinances on second reading dealing with the Comprehensive Plan, should complete a sign-in sheet in the back of the room by providing your name and address in order to be added to a mailing list for future updates on those items. A. Ordinances - 2nd Reading - PUBLIC HEARING 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 01/18/05 (Addressed out of Order) Attorney Cherof read Proposed Ordinance No. 04-049 by title only. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-049. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 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 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-045 by title only. Mayor Taylor opened the public hearing. Kathy Cook, 1074 NW 11th Street, would like to know why this project is good for the residents of the City. Ms. Cook invited the Commission to come live in her neighborhood to see what it is like. She pointed out the trees from the first project at Gateway have already been cut down. As a result, the noise from the traffic and heavy construction equipment has intensified and it is very noisy. With the new zoning, they are going to lose all the wildlife that live in the fields. Ms. Cook also had concerns about flooding when the site is developed. Ms. Cook noted there is so much traffic now on Old Boynton Road that it takes her several minutes to exit from her community onto that Road. As a result of this long wait, motorists exit the street too fast. She is afraid that when the street is widened that vehicles would have to wait even longer to exit and that could result in crashes into the homes across the street. Ms. Cook has an office on Gateway Boulevard and her house is only one mile from her office, yet it takes her 18 minutes to get home in the evening. While the City may be increasing revenues, they are decreasing the quality of human lives. Ms. Cook pointed out that they have been residents of the City for many years and have paid their taxes and deserve some consideration. The area is being increased to such a degree that no one can live in the homes anymore. Since no one else wished to speak, the public hearing was closed. Dick Hudson, Senior Planner, noted since the first reading of the Ordinance several months ago, there have been some minor changes to the acreage. The project was 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Februan/15, 2005 originally 81.81 acres and has now increased to 82.08 acres. When the staff report was prepared, they had not heard from County Engineering. However, the County has provided their comments and stated that the project does meet the traffic performance standards ordinance with the improvements outlined in the staff report. DCA had an objection to the amendment and the one for Boynton Town Center. DCA stated that it was difficult to determine the exact amount cf types of uses that would be on the property. Therefore, DCA has requested a note be included on the Future Land Use Map for both parcels that would state: "This property is restricted to a maximum of 1,120 high-density residential units, 10,000 square feet of office/commercial use and 149,000 square feet of local, retail commercial use." This note will be added to the bottom of the Future Land Use Map. Commissioner Ensler referred to staff's comment regarding the negative aspect of the proposed master plan that lacks private and public park space that could take advantage of the lake area. Staff opined, "A passive area located between the spine road and the lake could become a special focal point and gathering place for a great number of people and a true asset to the development. This would also fulfill the SMU requirements." Commissioner Ensler requested the applicant address staff's comments. Jim Comparato, Compson Associates, responded that the location of the parkland was discussed at length with staff. They would have liked to have more parkland around the lake, but in trying to keep with the overall feeling regarding the size of the lake and access for the public from a public street, they moved the park access to Old Boynton Road. Commissioner Ensler noted there were two kinds of parkland. The first one was dedicated parkland and the other is open space as required by the SMU Ordinance. Mr. Comparato stated 1.5 acres of land would be dedicated to the City as parkland, and there is an additional 3~,~ acres of parkland directly adjacent to the 1.5 acres that would make the park 5 acres in total. Mr. Hudson added the requirement for 15Y2 acres of useable open space still must be addressed. Mr. Hudson pointed out it did not have to be in parkland, but could be open plazas and gathering spaces. The applicant is providing a 40' wide greenway along the canal that would count towards the useable open space. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-045. Motion seconded by Mr. Ensler. City Clerk Prainito called the roll and the motion carried 5-0. Vice Mayor McCray inquired if the Ordinance was just approved was approved with the note requested by staff. Mayor Taylor stated that it was. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 Proposed Ordinance No. 04-046 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 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-046 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-046. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 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 01/18/05 Mayor Taylor opened the public hearing. Kathy Silverio, 10 Velaire Drive, Boynton Beach, lives across the street from the proposed project. Ms. Silverio was not opposed to the project, but she was concerned about the zoning change to C-3 on the corner of the property. She pointed there already was a Wal-Mart only two blocks west of the proposed project, which has greatly increased traffic in this area. She felt it was very unsafe to try to cross Congress Avenue and Old Boynton Road and referred to the many accidents that have occurred at this intersection. Ms. Silverio inquired if a Super Target was, in fact, slated for this property. If this were the case, she felt that all you would see in Boynton Beach is a sea of asphalt and parking lots. Ms. Silverio would like to see more greenery introduced on the site and questioned if the City could support two Super Targets, since there is one being built at Hagen Ranch and State Road #441. Lastly, Ms Silverio felt the new Muvico locating to the Boynton Beach Mall would add to the traffic problem. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February ~.5, 2005 Herb Suss, 1711 Wood Fern questioned the feasibility of placing a Super Target at this site if one was being built out west. He also noted if this were the case, the current Target Store at Gateway would shut down. Ms. Suss felt the City would be turning into an "asphalt jungle" and noted all the developments going up in this area would only increase traffic. Alice Warren, 1719 Wood Fern Drive, was looking forward to having a smaller version of Mizner Park at this site. If the City allowed the project, she felt the City owed its citizens some kind of aesthetics such as fountains, landscaping and colors. Rod Silverio, 10 Velaire Drive, reported the exit out of Wal-Mart onto Old Boynton Road is a right turn only, yet people continue to make left turns, making it a very dangerous situation. Only two weeks ago, there was a horrible accident at this site. Mr. Silverio requested that the City take a good look at the traffic flow in this area since a new Muvico would only add to the traffic situation. He requested the exit from Wal- Mart be changed. Jim Comparato stated they are also concerned about the traffic and have spent countless hours with the County and staff to come up with a suitable solution. They are cognizant of the traffic problems people have raised and are doing everything they can to mitigate the traffic concerns of the community. Since no one else wished to speak, Mayor Taylor closed the public hearing. Commissioner Ensler pointed out that originally this site was to be a SMU and in accordance with SMU zoning there are all types of previsions dealing with landscaping, walkways and fountains that would have made the project very nice looking. Because the SMU limits a building to 120,000 square feet, this was not acceptable to the applicant. By allowing the applicant to change the zoning to C-3, this eliminates all the requirements of the SMU. Commissioner Ensler asked the applicant how they could give the citizens a project they would be proud of, instead of a concrete block. Mr. Comparato responded that they submitted a plan as part of the SMU that included a site plan for the balance of the property. The site plan showed the elevations and they tried to match the two projects to compliment one another. They intend to keep the same kind of theme between the SMU pamel and the C-3 parcel. Mr. Comparato was willing to go on record to state they would keep with what they submitted for the site plan and the elevations as being part of the approval process. Commissioner Ensler has not seen the site plan. Mr. Comparato stated the plans called for mitigating the asphalt and to make the project aesthetically pleasing. Commissioner Ensier noted since this was not a site plan approval, was there anything that could be done to insure that any subsequent owner of the property would adhere to Mr. Comparator's site plan recommendations? Attorney Cherof stated it was difficult to attach conditions of rezoning that would actually apply to the site plan. It is possible during the discussions that led to this public hearing, 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15~ 2005 for the applicant and staff to work out some land use restrictions that would be recorded with the property. This would bind any future purchaser to these conditions. Attorney Cherof did not think the applicant and his attorney have engaged in these types of discussions with staff at this point. Therefore, the Commission would have to rely on representations made by the applicant publicly. Attorney Cherof did point out these kinds of representations could be difficult to enforce. Mr. Hudson noted that there is an additional condition that restricts the maximum square footage for local/retail/commercial to 250,000 square feet. Quintus Green Development Director, noted that the Commission had to make a decision on how the parcel gets rezoned. Staff's initial feeling was that the entire parcel should be SMU, which would require the applicable SMU standards. He noted the developer felt that 120,000 square feet was too restrictive for a "big box" and wanted to build something twice that size. This would be allowed under SMU if the building were two stories. However, the applicant was opposed to this. The developer was informed they could rezone to C~3 and have chosen to do so. Commissioner Ensler asked the applicant if they would meet the SMU standards for the project, except for the size of the building. Mr. Comparato would not commit to this and felt that the statement was too broad, since he was not familiar with all the SMU standards. Mr. Comparato did state that they would try to include amenities that would compliment the SMU zoning requirements. Vice Mayor Ferguson inquired if two detached buildings with the same name would be allowed and Mr. Greene stated this could be done. Motion Commissioner Ferguson moved to approve Proposed Ordinance 04-047. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 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-l-AA Single-Family Residential to C-3 Community Commercial (Boynton Town Center) TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-048 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-048. Motion seconded by Commissioner McKoy. Commissioner Ensier inquired if the motion had to contain the limitation of a 250,000 square foot building. Mr. Hudson responded this was included in the requirements of the previous Ordinance. Vote City Clerk Prainito called the roll. The motion carried 5-0. 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 01/18~05(Item moved up on agenda and heard prior to Item XlI-A. 1.) 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, Jr. Boulevard between Federal Highway and Seacrest Boulevard TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-058 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-058. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 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 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-059 by title only. 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve Proposed Ordinance No.04-059. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Se Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26- 406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown stormwater improvement watershed TABLED ON 01/18/05- (Item remained tabled until March 1, 2005 Meeting) Proposed Ordinance No. 05-013 Re: Requesting a Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units Attorney Cherof read Proposed Ordinance No. 05-013 by title only. Attorney Cherof noted there were two corrections to the Ordinance. Page 2, the third Whereas Clause from the bottom of page, in the last line, reads, "proposed changes would not create additional regional impacts." An additional clause should be added to state "and as such, does not constitute a substantial deviation." Attorney Cherof recommended deleting comment #1 that would be changed from "included" to "rejected." Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve, as amended. Motion seconded by Commissioner Ensler. Commissioner Ferguson inquired if the applicant had any objections to these change. There was no objection. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1 st Reading 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- 28 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 of-way, and providing for appeals, work requirements and surety (TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-014 by title only. Vice Mayor McCray noted that St. John Missionary Baptist Chumh wanted to do an honorary naming of a street near the church in memory of the R.M. Lee, but it would not change the actual street name. He inquired if this Ordinance would prohibit this request. Mr. Livergood responded an honorary street naming would be allowed. Motion Vice Mayor McCray moved to approve. Motion seconded by Commissioner McKoy, City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-016 Re: Approving the exemption from provisions of Section 101.657, Florida Statutes related to early voting Attorney Cherof read proposed Ordinance No. 05-016 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-016. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: None Xlll. UNFINISHED BUSINESS: None 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:20 p.m. CITY OF February 15, 2005 ATTEST: Recording Secretary (February 16, 2005) 3O PROJECT NAME: AGENT: DEVELOPME~' - ORDER OF THE CITY COMMISE -N OF THE crt r OF BOYNTON BEACH, FLORIDA Seaview Park Club R~-~,/; .~(~Ci Mr. Michael Weiner / Weiner & Aronson, P.A. Development P&Z Building Engineering Deputy City Clerk AGENTS ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: J,a~u_. , .... ~.v, --°~94 -~----~,l~'~ TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 69 condominium units on 3.756 acres in the IPUD zoning district. LOCATION OF PROPERTY: DRAWING(SI: SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Ftorida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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~t ~,' 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 suppoded by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The pphca/nt s apphcabon for rehef is hereby ~/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance With the terms and conditions of this~rder. 7. Other r DATED: Ex,,ibit 'A'- Location ~viap 0 lO0 200 400 600 800 EXfllBIT "B" II EXHIBIT "B" -~XHIBIT "B" ~EXHIBIT "B" I~XtflBIT EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: NWSP 04-014 Reference: 2na review plans identified as a New Site Plan with a December 7, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. 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. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 5. 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 COA.Revised 2-15-05 2 DEPARTMENTS iNCLUDE REJECT greater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7. In regards to sanitary service, this project probably will require a lift station X on site, with the option to connecting to the existing sanitary system located in Manatee Bay Apartments (to the north.) A preliminary review will be required with the Utilities Department. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 10. The site addressing shall be visible from the street (with letters a minimum 6 X inches in height with 1V2-inch width (stroke). 11. At the time of permitting, Fire department vehicle access shall be maintained X from the from the beginning to the finish of the project. 12. At the time of permitting, all fire protection equipment shall be operable and X accessible during each phase of construction. POLICE Comments: None X BUILDING DIVISION Comments: 13. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protecfives per 2001 FBC, Section 705.1.1.2. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psO on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of perrrfit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 19. Please have the applicant provide the City with a copy of the letter that will be X sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 21. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 22. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the COA.Revised 2-15-05 4 DEPARTMENTS INCLUDE REJECT Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. 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) 23. At the time of permit review, submit separate surveys of each lot, parcel or X tract. For proposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the commtssion-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 25. 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 cornnUssion. 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- farrfily, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 27. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the COA.Revised 2-15-05 DEPARTMENTS iNCLUDE REJECT architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 28. All the dwelling units in the building are considered "covered dwelling units" X and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which design option (A or B) is being utilized for the design of the dwelling units. 29. Clearly show the required clear floor spaces at all the fixtures and appliances X in accordance with the Fair Housing Act 30. The elevators shall be designed for wheelchair users to enter the car, X maneuver within reach of controls and exit from the car. Comply with ANSI Standard A117.1-1986, Section 4.10. PARKS AND RECREATION Comments: 31. Recreation Facilities Impact Fee - based on the formula the fee is computed X as follows: 69 multi-family units X $656 ea. = $45,264 Private Recreation Facilities Provided - Swimming pool with Cabana, Barbeque Areas, Exercise Rooms. FORESTER/ENVIRONMENTALIST Comments: 32. The proposed trees should be installed at a minimum height that will provide X for tree canopies at the 25'-35' height level along Federal Highway. These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second / third story levels of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet A2.08, A2.09. 33. At the time of permitting, provide a more accurate and detailed cross-section X of the existing southern landscape buffer of Manatee Bay apartments. The cross-section should include the width, ground elevation, existing plant material and their height. 34. At the time of permitting, provide a cross-section of the entire length of the X proposed northem landscape buffer. The cross-section should include all landscape material proposed within the 3-foot wide landscape buffer on the COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT subject property in conjunction with the existing plant material located within the southern landscape buffer of Manatee Bay Apartments. This illustration should be in-scale with the 4-story condominium building proposed within this proiect as shown on sheet A2.16. PLANNING AND ZONING Comments: 35. Approval of this site plan is contingent upon the accompanying request for X land use / rezoning application (LUAR 04-010). This includes the proposed project density. Include a note regarding LUAR 04-010 in the site plan tabular data (sheet SP1 of 1). 36. One (1) bedroom dwelling units require one and one-half (lt/2) parking X spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces. The recreation area would require five (5) parking spaces. This project requires 142 parking spaces and should be noted as such in the site plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces, and 31 off-street spaces, for an excess of 33 spaces. Please revise the site plan tabular data to indicate this information. 37. At the time of permitring, the clubhouse elevations shall indicate the paint X manufacturer's name and color code. Staff recommends using the same color palette for the clubhouse that was used for the condominium building. 38. All new docks would require approval from the U.S. Army Corps of X Engineers. Who owns the wood docks? Will they be removed? Do they have permits? If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)). 39. Project compatibility will be judged on how well the proposed developmant X fits within the context of the neighborhood and abutting properties. Provide elevations and cross-sections showing adjacent structures within this site plan application (Chapter 2, Section 5.L.4.g.(1)). 40. The IPUD zoning district contains regulations regarding vehicular circulation X (Chapter 2, Section 5.4.h.). Provide documentation from the Florida Department of Transportation that suggests their preference for the location of the proposed points of ingress and egress. 41. A drainage statement is required prior to the Technical Review comn~ttee X meeting (Chapter 4, Section 7.F.2.). COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 42. Provide a detail of front entry wall, including its dimensions, material, and X color (Chapter 4, Section 7.D.). Also, on the main entrance landscape plan (sheet L-2 of 5), indicate how far away the wall will be from the west (front) property line. 43. Provide a detail of the fence proposed around the pool / clubhouse area, X including its dimensions, material, and color (Chapter 4, Section 7.D.). 44. The residential subdivision sign may be no taller than six (6) feet in height X and more than 32 square feet in area (Chapter 21, Article IV, Section 1.B.). Staff recommends placing the address on top of the sign face. 45. Provide more detail of the cross-section of the buffer. Staff recommends X adding decorative caps and score lines to the buffer wall. 46. Where the hedge and tree requirements are met on one property, only the X green space width shall be required for the abutting property in accordance with Chapter 7.5, Article II, Section 5.D.E. of the Land Development Regulations. At the time of permitting, the landscape plan would have to be revised to show the existing landscape material of the abutting property to north. The existing landscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any trees proposed within the subject property's three (3) foot wide landscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication. 47. At the time of permitting, on the landscape plan, ensure that the plant X quantities match between the tabular data and the graphic illustration. 48. Staff recommends limiting the maximum building height of Buildings Two, X Three, and Four to 38 feet in order to maximize compatibility between the subject property and the abutting properties / structures. 49. In order to maintain consistency of the appearance of the roof-top patio area, X canopies, and other items other than plants, which are visible from adjacent properties, shall be as shown on the site plan or done uniformly as a minor site plan modification to the approved plan. 50. Where possible, staff recommends installing one (1) tree per 30 linear feet X and short (small) palm trees within the 3-foot wide north landscape buffer. The proposed trees should be consistent with the allowable trees species as per FPL's Right Tree / Right Place publication(s). 51. Where possible, staff recommends increasing the installation height of the X Laurel Oaks trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed at a height of 18 feet to 20 feet rather than 16 feet to 18 feet. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faqades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting. 53. Staff recommends installing the Cabbage palm trees (proposed along the X south property line) without the typical "hurricane cut". This would help to provide immediate screening upon tree installation. 54. Staff recommends that the plant material proposed within the south landscape X buffer be installed in such a way as to provide immediate buffering. This can be accomplished by utilizing the following tactics: install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-level screening above the wall, replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees within the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 55. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. Amend Condition #48 as agreed upon by all parties to read, "The maximum X building height of Building Two, Three, and Four shall not exceed 38 feet (to top of parapet or to midpoint of gable or hipped roof) and a maximum of three (3) stories in order to maximize compatibility between the subject property and the abutting properties/structures. No terraces, patios, gazebos, viewing spots, recreational areas or other amenities shall be permitted on the roofs of any of the four (4) buildings, and the use of roofs shall be limited to building repair and maintenance purposes only." 57. Omit Condition g49 given limitation to 3 stories on Buildings Two, Three, X and Four. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 58. Amend Condition #51 as agreed upon by all parties to allow change from Laurel Oaks to Live Oaks and to read as follows, "Where possible, due to X concerns over longevity of Laurel Oaks, staff recommends the use of Live Oaks or other similar native species approved by the city forester and recommends increasing the installation height of these trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed where possible at a height of 18 feet to 20 feet rather than 16 feet to 18 feet." 59. Amend Condition #52 as agreed upon by all parties to read, "Staff X recommends installing tall, slender palm trees (such as Carpentaria or Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faqades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear hunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting." 60. Omit comment #53 as agreed upon by all parties, to decrease possible X damage to plants during transportation. 61. Amend Condition #54 to allow south buffer to be designed as agreed upon by X all parties, and to read, "Staff recommends that the south landscape buffer be installed in accordance with the South Buffer Landscape Planting Plan Drawing L.7 provided as an exhibit to these conditions of approval. Except Drawing L.7 may be revised, if approved by INCA, to specifically reduce final heights of palm trees within south buffer, as needed for optimal visual buffering of building heights. Tree height ranges may be reduced from 16'-20' to 14'-20' for smaller palms, and from 25'-28' to 18'-25' for larger palms. This revised landscape plan shall be submitted as part of the revised site plan at time of permit request." 62. As agreed upon by all parties, at least five (5) days prior to formal submittal to X staff of revised elevations, builder will provide notification of the intended submittal to the Homeowners Association known at "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, and copying the P&Z Director, and will if requested, provide copies of drawings at the time of submittal to both INCA and the attorney described above or a subsequently agreed upon representative. COA.Revised 2-15-05 10 DEPARTMENTS iNCLUDE REJECT 63. As agreed upon by all parties, the additions of any dock facilities will be X processed as a minor request for minor site plan modification. At least 5 days prior to submittal to staff or the relevant permitting agencies, builder will provide notification of the intended submittal to the HOA known as "iNCA" and to the attorney for the 16 cliems of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, copying the P&Z Director, and will if requested, provide copies of the plans to both INCA and the attorney described above or a subsequently agreed upon representative. 64. As agreed upon by all parties, project lighting plan shall be as X submitted to both adjacent residents and labeled P.l.a. Modifications to said plan shall follow similar notification process as described in Conditions #62 and #63. MWPUelj S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc General Policies: Pg. 4 Access to funding (a) 3, What is the difference between a facilitator and a "gatekeeper"? This seems to invoke negativity. Is it necessary'? 5. The tkird paragraph of the resolution indicates that the grant funding policies are intended to be supplemental and subordinate to federal regulations as they pertain to the CDBG program. Are these policies for ali grants, or specifically for the CDBG program? (If'the answer to this is yes, the following question should be asked) # 5 pg. 4 indicates that staff should consider whether special efforts should be made to ensure fair and equal access to information and funding ,across geographical areas, for ethnic or racial minority groups, for groups from different religious and cultural backgrounds,,,, Are CDBG funds used for all geographical areas? Are they specifically for any particular group? 7 pg, 5 indicates that staff should maintain date on individuals who inquire of landing opportunities available, and that we should follow up as a means of measuring the success of the procedures. It is my feeling that the success of the procedure should be measured by the services delivered. *This is also repeated in section (B) Processing grant applications. Is it necessary'? Pg. 5 Processing Grant Applicatioas #3 Indicates that deadlines for applications should be set to allow more time for correction or supplementation. What is the notion of a deadline'? Is it fair to applicants that do what is requested? There is nothing wrong with asking pertinent questions of an applicant in regards to the service that they are providing, but applications should be complete upon submission. #4 i[ndicates that applicants should be made aware of suitable sources of advice and help with their applications. Are you speaking of extemal sources? How intensive is the help to be, or is fltis to become a burden of stall?. DEPARTMENT OF DEVELOPMENT Memorandum PZ 04-037 TO: THROUGH: FROM: DATE: RE: Dale Sugerman, Acting City Manager Quintus Greene, Development Dire~:~,"J~ Michael Ru mp~'~'~'' Planning & Zoning Director February 15, 2005 Seaview Park Club (NWSP 04-014) Amended conditions of approval (as agreed upon by all parties) Accompanying this memorandum is the revised set of conditions of approval for the above-referenced project, as agreed upon by the applicant (Lennar), INCA, and the selected group of homeowners within the Yachtmans Cove and Coquina Cove Subdivisions currently represented by Mr. Michael Morell, Esquire. Staff has reviewed and approved these changes, which I understand represents an acceptable resolution to all concerns communicated to date regarding building/fa~:ade changes to conform with the height restriction, buffer landscaping, pool lighting, and future docks. Except for the changes proposed to comment #48 (now comment #56), staff understands that the subject changes were specifically proposed by Lennar, and reviewed and approved by INCA and the selected group of homeowners. Changes to comment #48 is as originally proposed by Mr. Morell in his letter dated January 25, 2005. Although a final review of these revised comments (by the concerned parties) will occur concurrent with the forwarding of them to you, staff will confirm consensus or identify any new issues prior to the hearing this evening. Please note that the revised site plan pages referenced in new conditions #61 and #64 (regarding buffer landscaping and pool lighting) are attached hereto, and should be considered by the Commission as part of the revised conditions of approval. The full-size drawings will also be available for review tonight, if necessary. Staff was involved in the discussion leading to the revised south buffer, and again, supports the proposed revisions, and has conducted a cursory review of the lighting plan and finds no objections at this time. Staff will conduct a more detailed review within the permit process. Please have this information distributed to the Commission as soon as our system will allow, and contact me should you have any questions or need clarification. MR Attachments S:\PIanning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\Revised comments (consensus) memo.doc EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: NWSP 04-014 Reference: 2na review plans identified as a New Site Plan with a December 7, 2004 Planning and Zoning Department date stamp markine. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. 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. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may deterrmne which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 5. 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, An'icle IV, Section 16, or the requirement imposed by insurance underwriters, whichever is COA.Revised 2-15-05 2 DEPARTMENTS INCLUDE REJECT ~reater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7. In regards to sanitary service, this project probably will require a lift station X on site, with the option to connecting to the existing sanitary system located in Manatee Bay Apartments (to the north.) A preliminary review will be required with the Utilities Department. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 10. The site addressing shall be visible from the street (with letters a minimum 6 X inches in height with 1½-inch width (stroke). 11. At the time of permitting, Fire department vehicle access shall be maintained X from the from the beginning to the finish of the project. 12. At the time of permitting, all fire protection equipment shall be operable and X accessible durin~ each phase of construction. POLICE Comments: None X BUILDING DIVISION Comments: 13. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. COA.Revised 2-15-05 DEPARTMENTS iNCLUDE REJECT 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional reg/stered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 19. Please have the applicant provide the City with a copy of the letter that will be X sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 21. A water-use permit fi.om SFWMD is required for an irrigation system that X utilizes water fi.om 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. 22. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the COA.Revised 2-15-05 4 DEPARTMENTS INCLUDE REJECT Commissiun-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. 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) 23. At the time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(0) 25. 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. 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 27. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 end the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the COA.Revised 2-15-05 5 DEPARTMENTS INCLUDE REJECT architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 28. All the dwelling units in the building are considered "covered dwelling units" X and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which design option (A or B) is being utilized for the design of the dwelling units. 29. Clearly show the required clear floor spaces at all the fixtures and appliances X in accordance with the Fair Housing Act 30. The elevators shall be designed for wheelchair users to enter the car, X maneuver within reach of controls and exit from the car. Comply with ANSI Standard A 117.1-1986, Section 4.10. PARKS AND RECREATION Comments: 31. Recreation Facilities Impact Fee - based on the formula the fee is computed X as £ollows: 69 multi-family units X $656 ea. = $45,264 Private Recreation Facilities Provided - Swimming pool with Cabana, Barbeque Areas, Exercise Rooms. FORESTER/ENVIRONMENTALIST Comments: 32. The proposed trees should be installed at a minimum height that will provide X for tree canopies at the 25'-35' height level along Federal Highway. These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second / third story levels of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet A2.08, A2.09. 33. At the time of permitting, provide a more accurate and detailed cross-section X of the existing southern landscape buffer of Manatee Bay apartments. The cross-section should include the width, ground elevation, existing plant material and their height. 34. At the time of permitting, provide a cross-section of the entire length of the X proposed northern landscape buffer. The cross-section should include all landscape material proposed within the 3-foot wide landscape buffer on the COA.Revised 2-15-05 6 DEPARTMENTS INCLUDE REJECT subject property in conjunction with the existing plant material located within the southern landscape buffer of Manatee Bay Apartments. This illustration should be in-scale with the 4-story condominium building proposed within this project as shown on sheet A2.16. PLANNING AND ZONING Comments: 35. Approval of this site plan is contingent upon the accompanying request for X land use / rezoning application (LUAR 04-010). This includes the proposed project density. Include a note regarding LUAR 04-010 in the site plan tabular data (sheet SP 1 of 1). 36. One (1) bedroom dwelling units require one and one-half (1V2) parking X spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces. The recreation area would require five (5) parking spaces. This project requires 142 parking spaces and should be noted as such in the site plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces, and 31 off-street spaces, for an excess of 33 spaces. Please revise the site plan tabular data to indicate this information. 37. At the time of permitting, the clubhouse elevations shall indicate the paint X manufacturer's name and color code. Staffrecommends using the same color palette for the clubhouse that was used for the condominium building. 38. All new docks would require approval from the U.S. Army Corps of X Engineers. Who owns the wood docks? Will they be removed? Do they have pernuts? If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)). 39. Project compatibility will be judged on how well the proposed development X fits within the context of the neighborhood and abutting properties. Provide elevations and cross-sections showing adjacent structures within this site plan application (Chapter 2, Section 5.L.4.g.(1)). 40. The IPUD zoning district contains regulations regarding vehicular circulation X (Chapter 2, Section 5.4.h.). Provide documentation from the Florida Department of Transportation that suggests their preference for the location of the proposed points of ingress and egress. 41. A drainage statement is required prior to the Technical Review Committee X meeting (Chapter 4, Section 7.F.2.). COA.Revised 2-15-05 7 DEPARTMENTS INCLUDE REJECT 42. Provide a detail of front entry wall, including its dimensions, material, and X color (Chapter 4, Section 7.D.). Also, on the main enlrance landscape plan (sheet L-2 of 5), indicate how far away the wall will be from the west (front) property line. 43. Provide a detail of the fence proposed around the pool / clubhouse area, X including its dimensions, material, end color (Chapter 4, Section 7.D.). 44. The residential subdivision sign may be no taller then six (6) feet in height X end more than 32 square feet in area (Chapter 21, Article iV, Section 1.B.). Staff recommends placing the address on top of the sign face. 45. Provide more detail of the cross-section of the buffer. Staff recommends X adding decorative caps end score lines to the buffer wall. 46. Where the hedge end tree requirements are met on one property, only the X g~een space width shall be required for the abutting property in accordance with Chapter 7.5, Article II, Section 5.D.E. of the Lend Development Regulations. At the time of permitting, the landscape plan would have to be revised to show the existing lendscape material of the abutting property to north. The existing lendscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any trees proposed within the subject property's three (3) foot wide lendscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication. 47. At the time of permitting, on the landscape plan, ensure that the plent X quantities match between the tabular data and the graphic illustration. 48. Staff recommends hmiting the maximum building height of Buildings Two, X Three, and Four to 38 feet in order to maximize compatibility between the subject property and the abutting properties / structures. 49. In order to maintain consistency of the appearance of the mol-top patio area, X canopies, end other items other than plants, which are visible from adjacent properties, shall be as shown on the site plan or done uniformly as a minor site plen modification to the approved plan. 50. Where possible, staff recommends installing one (1) tree per 30 linear feet X end short (small) palm trees within the 3-foot wide north lendscape buffer. The proposed trees should be consistent with the allowable trees species as per FPL's Right Tree / Right Place publication(s). 51. Where possible, staff recommends increasing the installation height of the X Laurel Oaks trees proposed within the parking islends on the north and south sides of the buildings. The trees should be installed at a height of 18 feet to 20 feet rather than 16 feet to 18 feet. COA.Revised 2-15-05 8 DEPARTMENTS INCLUDE REJECT 52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faoades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting. 53. Staff recommends installing the Cabbage palm trees (proposed along the X south property line) without the typical "hun-icane cut". This would help to provide immediate screening upon tree installation. 54. Staffrecommends that the plant material proposed within the south landscape X buffer be installed in such a way as to provide immediate buffering. This can be accomplished by utilizing the following tactics: install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-level screening above the wall, replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees with'm the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 55. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. Amend Condition #48 as agreed upon by all parties to read, "The maximum X building height of Building Two, Three, and Four shall not exceed 38 feet (to top of parapet or to midpoint of gable or hipped roof) and a maximum of three (3) stories in order to maximize compatibility between the subject property and the abutting properties/structures. No terraces, patios, gazebos, viewing spots, recreational areas or other amenities shall be permitted on the roofs of any of the four (4) buildings, and the use of roofs shall be limited to building repair and maintenance purposes only." 57. Omit Condition g49 given limitation to 3 stories on Buildings Two, Three, X and Four. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 58. Amend Condition #51 as agreed upon by all parties to allow change from Laurel Oaks to Live Oaks and to read as follows, "Where possible, due to X concerns over longevity of Laurel Oaks, staff recommends the use of Live Oaks or other similar native species approved by the city forester and recommends increasing the installation height of these trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed where possible at a height of 18 feet to 20 feet rather than 16 feet to 18 feet." 59. Amend Condition #52 as agreed upon by all parties to read, "Staff X recommends installing tall, slender palm trees (such as Carpentaria or Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building facades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting." 60. Omit comment #53 as agreed upon by all parties, to decrease possible X damage to plants during transportation. 61. Amend Condition #54 to allow south buffer to be designed as agreed upon by X all parties, and to read, "Staff recommends that the south landscape buffer be installed in accordance with the South Buffer Landscape Planting Plan Drawing L.7 provided as an exhibit to these conditions of approval. Except Drawing L.7 may be revised, if approved by INCA, to specifically reduce final heights of palm trees within south buffer, as needed for optimal visual buffering of building heights. Tree height ranges may be reduced from 16'-20' to 14'-20' for smaller palms, and from 25'-28' to 18'-25' for larger palms. This revised landscape plan shall be submitted as part of the revised site plan at time of permit request." 62. As agreed upon by all parties, at least five (5) days prior to formal submittal to X staff of revised elevations, builder will provide notification of the intended submittal to the Homeowners Association known at "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, and copying the P&Z Director, and will if requested, provide copies of drawings at the time of submittal to both iNCA and the attorney described above or a subsequently agreed upon representative. COA.Revised 2-15-05 10 DEPARTMENTS iNCLUDE REJECT 63. As agreed upon by all parties, the additions of any dock facilities will be X processed as a minor request for minor site plan modification. At least 5 days prior to submittal to staff or the relevant permitting agencies, builder will provide notification of the intended submittal to the HOA known as "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, copying the P&Z Director, and will if requested, provide copies of the plans to both INCA and the attorney described above or a subsequently agreed upon representative. 64. As agreed upon by all parties, project lighting plan shall be as X submitted to both adjacent residents and labeled P.l.a. Modifications to said plan shall follow similar notification process as described in Conditions #62 and #63. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc DRAWING L7 DRAWING Pla Memorandum TO: FROM: DATE: RE: Honorable Mayor and City Commission Kurt Bressner, City Manager James Cherof, City Attorney January 31, 2005 Seaview Park Club Project Morell Request For Additional Conditions of Approval Please recall that Michael Morell, Esq. represents sixteen (16) residents who oppose the above referenced project. The project returns to the Commission at the February 1, 2005 Commission meeting for second reading and public hearing of Ordinance 05-007, which if passed will effectuate rezoning of the property from R-3 and C-3 to IPUD. Ordinance 05-007 (rezoning) was reviewed by the Commission, along with consideration of the site plan in the marathon quasi-judicial hearing conducted January 18, 2005. The Ordinance was approved without conditions. The site plan was approved with 54 conditions. By letter dated Mr. Morell has suggested modification to one of the conditions of approval (48), and the addition of three (3) new conditions. Staffhas previously noted the inseparable nature of rezoning and site plan review in planned unit developments. If the Commission wishes to revise conditions of approval that were made to the site plan, or add additional conditions, it must do so by way of a motion to reconsider the site plan.~ If the motion to reconsider passes, that matter will be re-notice for the following Commission meeting (February 15th) when the Commission can modify, add, or remove conditions of approval as appropriate. The Commission can proceed with the adoption of Ordinance 05-007 on February lst or it can table the Ordinance to February 15th SO that passage coincides with the site plan reconsideration if a motion to reconsider is made and is passed. t Motions to reconsider a decision made at a quasi-judicial proceeding may only be made at the meeting when the action was first taken, or the next regular City Comrmssion meeting. Code Section 2-20. C:\Documents and Settings\prainitoj.ClTY\Local Sei~ings\Tetnporary lntemet Files\OLKE\Seaview Park.rtf FEB-TO-2OO$ 02:54PM FROi,4"WEINERARON$ON + T-263 P.O01/O03 F-725 COVER SHEET FAX To: Fax # SubJect: M~ Ferguson 742-6090 I Seaview ,IOur File No.: LENN004 ;~LFebruary 10, 2005 Date: Pages: ,~cluding this cover sheet COMMENTS: From the desk of.,. Michael S. Welner, Esquire Weiner & Aranson, P.A. 102 N. b%vinton Avenue Delray Boa~, Flolfda 33444 561-265-2666 Confidentiality Notice The information contained in this transmission is attorney-client privileged and confidential. It is intended only for the use of the individual or entity named above. If the read~ of this message is not the intended recipient, you are hereby notified lbat any dissemination, distribution or copy of this communicabon is stricUy prohibited. If you have r~ved ~hls communication in en~r, please noli/y us immediately by telephone, coflect, and return the odginal mesaage to ua at the ,shove address via U.S. Mall. we will reimburse you for postage. Thank you. ;EB-IO-200$ 02:$5PM FROM-~INERAR~N$ON + T-Z6~ P.OOZ/OO~ F-?Z5 WEINER & ARON~ON, P.A. ATTORNEYS AT LAW The Clark HouSe 102 No~l Swinton Avenue Delray Beach, Florida 3399~, Telephone: (561) 285-2666 Telecopier: (561) 272-6831 E-mail: rnweiner~zo~elaw.com MICHAEL S. WBINER C~ROLE J. ARON$ON JASON 6, MANKOFF KEEEY D. S~JFER February 9, 2005 Mr. Michael W. Rumpf Director of Plazming & Zozling City of Boirnton Beach 100 East Boynton Beach Blvd. Bo!retch Beach,. Florida 334~.5 OF COUNSE~' EOBEET MARC SCHWAI~'Z. P.A. FieSta Bar B~l Oerffiied Real Estate Law,er MICI4~F.L E. HARRI~ [-I.M. (In Texaf~o~) Dear !%',./chae/: By letter dated ~anuazy 31, I provided mlr client's reaction to the letter from Michael Morell, BScluire dated janua~ 25, 2005. Since that time, my client has met with several of Mr. Morell'a clients to discuss the items of conce:m. Tltis letter is intended to provide an update to you and to the City Commission as to the outcome of that meetly. 1, Revisiolts to Condition of Ao~roval #48 As was stated in mir le~er dated lanual7 31,200S, Lennar will accept the proposed modifications to Condition ~48 as described in Mir. Mo~ell's lette= of January 25, 20OB. 2. .Provisions of Buildinq_ Elevations As previouslir stated, Lennar is cu=ently working on moa;fications to the building design and will provide revised elevations to staff at the earliest opportunity taking into account tlva new height restriction of 38' and the additional conditions imposed by the revision to Condition #48. Pive (B) days prior to formal submittal to staff of revised elevations, Lennar will provide notification of the intended submittal to the Homeowners' Association known as "INCA "and to Mr. Morell and will, ff ~:equested, provide copies of drawings at the time cf submittal to both INCA and to IVI~. More/t. O=~'~004V.-~=' ~ RmnlX' (ndy~ I~r)Fcb g.doc FEB-IO-200$ 02:$$PM FROI4.-~I#ERAR~N$ON + T-Z63 P.Og3/O03 F-725 Harry Woodwar~ Mr. ~uck Buchana~ mm. joan .~v~. ' ' pr~ect. . ....... ' -once. ~v, ~ ~ be st~ "due ~ ~si~ co~. ~ ~ ~ b~ ~, ~ ~ pr~e five (~) da~ no~ca~ ~o ~ ~oup of neig~ors of ~y ~ au~o~, Lenn~ have now completed the supplemental photometric design drawing for the.. recxeation area. The design provides for cut-off Hghting axound the pool deck area a~acent to the Intracoastal. This drawing was reviewed with Mr. Woodwo~h, Mx. Homfich, Mr. A~a~oe and Mr. Buchanan and received f~vo~able comments. Twelve, signed end sealed copies of this drawing are enclos~dwith ~ letter for stafffs review. As previousl7 stated, Lennar have continued to werk w~tttboth INCA and staf~ to rewse ~he southlandscape buffer to incorporate changes suggested by INCA- An elec~onic copy of th~ drawh~j was previously subntit~ed to staff. Twelve, signed and sealed copies of this ~ev~ed landscape plan ere attached to this letter to supplement the existing site plan package. cc: Mayor Jer~y Ta dot (via telecopier) City Conunisszoner Bob Pmsler (v~a telecopier) Vice Mayor Mack McCray (via regal~ marl) CBy Comm~ssloner M~e Ferguson (via regular mail) City Commissioner Carl McKoy (v~a re~la~ mail) CiD' Attorney Jame~ che~oI (via telecopier) City Manage~ Kur~ Bresauer (via mlecopier) Quintus Greene, Director of Development (via regular ~) Michael Wm. More]/, Esquire (via ~elecopier) Andy MacGregor, Lenn~ Projsc~ Manage~ (v~a telecopier) O;~[~NN004~mw M~c P. umvf (=ady~ l~w3F~b BOYNTON REGIONAL SYMPHONY ORCHESTRA Barry M. Volkman, Music Director 561-304-3937 2005 Objectives To form a regional community non-profit orchestra in central Palm Beach County based in Boynton Beach but drawing on musicians from all areas surrounding that city. The intentions are to develop an intergenerational classical symphony orchestra that will include all qualifying musicians regardless of age and give them a place to showcase their talents and just their joys of playing. Venues An appropriate rehearsal place must be found large enough to allow all the musicians to sit comfortably and the sound to reverberate properly. Loci such as stages for performances must be found to bring to fruition the work of the rehearsals. Staffing Musicians will be recruited to play in each orchestral section. A conductor, a concertmaster (first violinist), librarian, and a set-up person are needed immediately to begin rehearsals of the selected music. A board of directors must be found to create a set of by-laws, establish a non-profit organization and perform the various duties that an orchestra requires: fund raising, the purchasing of music and equipment, the hiring of soloists, the keeping of financial records, publicity, ticket management, program layout and ad solicitation, ushering, lighting, acoustical control, as well as other functions that may be needed. Initial Goals Our initial aims are to form the orchestra's sections, develop a performance schedule, aim for a wide audience scope, perhaps to perform in more than one venue, seeking always to increase the audience size and the orchestra quality, and to achieve nonprofit status and develop an income system that will be ongoing. Summary It is the aim of the organizers of the Boynton Regional Symphony Orchestra to provide a setting where musicians may play challenging and satisfying works, and that audiences may derive pleasure, edification and entertainment. They believe that a performing orchestra at a reasonable ticket cost makes for a cultural base that increases the desirability of the area as a place to live. DEPARTMENT OF DEVELOPMENT Memorandum PZ 04-037 TO: THROUGH: FROM: DATE: RE: Dale Sugerman, Acting City Manager Quintus Greene, ~"~l~/~ Development Direc~p,~Jt ~ Michael Ru mp~'~ Planning & Zoning Director February 15, 2005 Seaview Park Club (NWSP 04-014) Amended conditions of approval (as agreed upon by all parties) Accompanying this memorandum is the revised set of conditions of approval for the above-referenced project, as agreed upon by the applicant (Lennar), INCA, and the selected group of homeowners within the Yachtmans Cove and Coquina Cove Subdivisions currently represented by Mr. Michael Morell, Esquire. Staff has reviewed and approved these changes, which I understand represents an acceptable resolution to all concerns communicated to date regarding building/fa(~ade changes to conform with the height restriction, buffer landscaping, pool lighting, and future docks. Except for the changes proposed to comment ~48 (now comment #56), staff understands that the subject changes were specifically proposed by Lennar, and reviewed and approved by INCA and the selected group of homeowners. Changes to comment ~48 is as originally proposed by Mr. Morell in his letter dated January 25, 2005. Although a final review of these revised comments (by the concerned parties) will occur concurrent with the forwarding of them to you, staff will confirm consensus or identify any new issues prior to the hearing this evening. Please note that the revised site plan pages referenced in new conditions #61 and #64 (regarding buffer landscaping and pool lighting) are attached hereto, and should be considered by the Commission as part of the revised conditions of approval. The full-size drawings will also be available for review tonight, if necessary. Staff was involved in the discussion leading to the revised south buffer, and again, supports the proposed revisions, and has conducted a cursory review of the lighting plan and finds no objections at this time. Staff will conduct a more detailed review within the permit process. Please have this information distributed to the Commission as soon as our system will allow, and contact me should you have any questions or need clarification. MR Attachments S:~Planning\SHARED\W~PROJECTS\Seaview Park Club~nwsp 04-014\Revised comments (consensus) memo.doc EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: NWSP 04-014 Reference: 2od review plans identified as a New Site Plan with a December 7, 2004 PlanninE and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. 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 p~'mitting. 2. 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 penmt application. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may deterrmne which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 4. Palm Beach County Health Department permits will be required for the water X and sewer systems servin~ this project (CODE, Section 26-12). 5. 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 COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT ~reater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7. In regards to sanitary service, this project probably will require a lil~ station X on site, with the option to connecting to the existing sanitary system located in Manatee Bay Apartments (to the north.) A prehminary review will be required with the Utilities Department. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 10. The site addressing shall be visible from the street (with letters a minimum 6 X inches in height with 1½-inch width (stroke). 11. At the time of permitting, Fire department vehicle access shall be maintained X fi'om the from the beginning to the finish of the project. 12. At the time of permitting, all fire protection equipment shall be operable and X accessible durin~ each phase of construction. POLICE Comments: None X BUILDING DIVISION Comments: 13. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (ps/) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 19. Please have the applicant provide the City with a copy of the letter that will be X sent to the impact fee coordinator. To allow for an efficient perm/t review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape in-igation where other sources are readily available 21. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 22. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. 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) 23. At the time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(0) 25. 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. 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 27. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the CeA.Revised 2-15-05 DEPARTMENTS iNCLUDE REJECT architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 28. All the dwelling units in the building are considered "covered dwelling units" X and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which design option (A or B) is being utilized for the design of the dwelling units. 29. Clearly show the required clear floor spaces at all the fixtures and appliances X in accordance with the Fair Housing Act 30. The elevators shall be designed for wheelchair users to enter the car, X maneuver within reach of controls and exit from the car. Comply with ANSI Standard A117.1-1986, Section 4.10. PARKS AND RECREATION Comments: 31. Recreation Facilities Impact Fee - based on the formula the fee is computed X as follows: 69 multi-family units X $656 ea. = $45,264 Private Recreation Facilities Provided - Swimrmng pool with Cabana, Barbeque Areas, Exercise Rooms. FORESTER/ENVIRONMENTALIST Comments: 32. The proposed trees should be installed at a minimum height that will provide X for tree canopies at the 25'-35' height level along Federal Highway. These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second / third story levels of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet A2.08, A2.09. 33. At the time of perrrdtting, provide a more accurate and detailed cross-section X of the existing southern landscape buffer of Manatee Bay apartments. The cross-section should include the width, ground elevation, existing plant material and their height. 34. At the time of permitting, provide a cross-section of the entire length of the X proposed northern landscape buffer. The cross-section should include all landscape material proposed within the 3-foot wide landscape buffer on the COA.Revised 2-15-05 6 DEPARTMENTS INCLUDE REJECT subject property in conjunction with the existing plant material located within the southern landscape buffer of Manatee Bay Apartments. This illustration should be in-scale with the 4-story condominium building proposed within this proiect as shown on sheet A2.16. PLANNING AND ZONING Comments: $5. Approval of this site plan is contingent upon the accompanying request for X land use / rezoning application (LUAR 04-010). This includes the proposed project density. Include a note regarding LUAR 04-010 in the site plan tabular data (sheet SP1 of 1). 36. One (1) bedroom dwelling units require one and one-half (1V2) parking X spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces. The recreation area would require five (5) parking spaces. This project requires 142 parking spaces and should be noted as such in the site plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces, and 31 off-street spaces, for an excess of 33 spaces. Please revise the site plan tabular data to indicate this information. 37. At the time of permitting, the clubhouse elevations shall indicate the paint X manufacturer's name and color code. Staff recommends using the same color palette for the clubhouse that was used for the condominium building. 38. All new docks would require approval from the U.S. Army Corps of X Engineers. Who owns the wood docks? Will they be removed? Do they have permits? If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or pernut (Chapter 2, Section 5.L.4.g.(3)). 39. Project compatibility will be judged on how well the proposed development X fits within the context of the neighborhood and abutting properties. Provide elevations and cross-sections showing adjacent structures within this site plan application (Chapter 2, Section 5.L.4.g.(1)). 40. The IPUD zoning district contains regulations regarding vehicular circulation X (Chapter 2, Section 5.4.h.). Provide documentation from the Florida Department of Transportation that suggests their preference for the location of the proposed points of ingress and egress. 41. A drainage statement is required prior to the Technical Review Committee X meeting (Chapter 4, Section 7.F.2.). COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 42. Provide a detail of front entry wall, including its dimensions, material, and X color (Chapter 4, Section 7.D.). Also, on the main entrance landscape plan (sheet L-2 of 5), indicate how far away the wall will be from the west (front) property line. 43. Provide a detail of the fence proposed around the pool / clubhouse area, X including its dimensions, material, and color (Chapter 4, Section 7.D.). 44. The residential subdivision sign may be no taller than six (6) feet in height X and more than 32 square feet in area (Chapter 21, Article IV, Section 1.B.). Staffrecommands placing the address on top of the sign face. 45. Provide more detail of the cross-section of the buffer. Staff recommends X adding decorative caps and score lines to the buffer wall. 46. Where the hedge and tree requirements are met on one property, only the X green space width shall be required for the abutting property in accordance with Chapter 7.5, Article 1I, Section 5.D.E. of the Land Development Regulations. At the time of permitting, the landscape plan would have to be revised to show the existing landscape material of the abutting property to north. The existing landscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any trees proposed within the subject property's three (3) foot wide landscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication. 47. At the time of permitting, on the landscape plan, ensure that the plant X quantities match between the tabular data and the graphic illustration. 48. Staff recommends limiting the maximum building height of Buildings Two, X Three, and Four to 38 feet in order to maximize compatibility between the subject property and the abutting properties / structures. 49. In order to maintain consistency of the appearance of the roof-top patio area, X canopies, and other items other than plants, which are visible from adjacent properties, shall be as shown on the site plan or done uniformly as a minor site plan modification to the approved plan. 50. Where possible, staff recommends installing one (1) tree per 30 linear feet X and short (small) palm trees within the 3-foot wide north landscape buffer. The proposed trees should be consistent with the allowable trees species as per FPL's Right Tree / Right Place publication(s). 51. Where possible, staff recommends increasing the installation height of the X Laurel Oaks trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed at a height of 18 feet to 20 feet rather than 16 feet to 18 feet. COA.Revised 2-15-05 8 DEPARTMENTS INCLUDE REJECT 52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building fagades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting. 53. Staff recommends installing the Cabbage palm trees (proposed along the X south property line) without the typical "hurricane cut". This would help to provide immediate screening upon tree installation. 54. Staffrecommends that the plant material proposed within the south landscape X buffer be installed in such a way as to provide immediate buffering. This can be accomplished by utilizing the following tactics: install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-level screening above the wall, replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees within the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 55. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. Amend Condition g48 as agreed upon by all parties to read, "The maximum X building height of Building Two, Three, and Four shall not exceed 38 feet (to top of parapet or to midpoint of gable or hipped roof) and a maximum of three (3) stories in order to maximize compatibility between the subject property and the abutting properties/structures. No terraces, patios, gazebos, viewing spots, recreational areas or other amenities shall be permitted on the roofs of any of the four (4) buildings, and the use of roofs shall be limited to building repair and maintenance purposes only." 57. Omit Condition g49 given limitation to 3 stories on Buildings Two, Three, X and Four. COA.Revised 2-15-05 9 DEPARTMENTS INCLUDE REJECT 58. Amend Condition #51 as agreed upon by all parties to allow change from Laurel Oaks to Live Oaks and to read as follows, "Where possible, due to X concerns over longevity of Laurel Oak~, staff recommends the use of Live Oaks or other similar native species approved by the city forester and recommends increasing the installation height of these trees proposed within the parking islands on the north and south sides of the buildings. The tree~ should be installed where possible at a height of 18 feet to 20 feet rather than 16 feet to 18 feet." 59. Amend Condition #52 as agreed upon by all parties to read, "Staff X recommends installing tall, slender palm trees (such as Carpentaria or Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faqades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting." 60. Omit comment #53 as agreed upon by all parties, to decrease possible X damage to plants during transportation. 61. Amend Condition #54 to allow south buffer to be designed as agreed upon by X all parties, and to read, "Staff recommends that the south landscape buffer be installed in accordance with the South Buffer Landscape Plantint, Plan Drawing L.7 provided as an exhibit to these conditions of approvak Except Drawing L.7 may be revised, if approved by INCA, to specifically reduce final heights of palm trees within south buffer, as needed for optimal yisual buffering of building heights. Tree height ranges may be reduced fro,, 16'~20' to 14'-20' for smaller palms, and from 25'-28' to 18'-25' for largex palms. This revised landscape plan shall be submitted as part of the revised site plan at time of permit request." 62. As agreed upon by all parties, at least five (5) days prior to formal submittal to X staff of revised elevations, builder will provide notification of the intended submittal to the Homeowners Association known at "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, and copying the P&Z Director, and will if requested, provide copies of drawings at the time of submittal to both INCA and the attorney described above or a subsequently agreed upon representative. COA.Revised 2-15-05 10 DEPARTMENTS INCLUDE REJECT 63. As agreed upon by all parties, the additions of any dock facilities will be X processed as a minor request for minor site plan modification. At least 5 days prior to submittal to staff or the relevant permitting agencies, builder will provide notification of the intended submittal to the HOA known as "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, copying the P&Z Director, and will if requested, provide copies of the plans to both INCA and the attorney described above or a subsequently agreed upon representative. 64. As agreed upon by all parties, project lighting plan shall be as X submitted to both adjacent residents and labeled P.l.a. Modifications to said plan shall follow similar notification process as described in Conditions #62 and #63. MWPUelj S:\Planning\SHARED\WP\PROJECTS~Seaview Park Club\nwsp 04-014~COA.doc DRAWING L7 I1 ~11 DRAWING Pla