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Minutes 08-16-05 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 16, 2005 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof City Attorney Judith Pyle, Deputy City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by - Rev. Marshall Cook - Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor McCray Mayor Taylor called the meeting to order at 6:30 p.m. and Reverend Marshall Cook of the Boynton Beach Congregational Church offered the invocation. Vice Mayor McCray led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Chair McCray moved to approve the agenda as presented. Commissioner Ferguson seconded the motion that passed 5-0. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McKoy spoke of his experiences during his recent trip as part of a delegation to Qufu, China, Boynton Beach's sister city. While there, he participated in several productive meetings and dialogues. He was particularly interested in the possible establishment of a Confucius Institute in Boynton Beach and will discuss this with the City Manager in the hope that this could be made a reality. Also, a lot of communication took place regarding possible teacher/student exchanges and the establishment of an ..Email Pals" program at Boynton Beach High School. He thanked all those who had supported this trip. Mayor Taylor expressed appreciation to Commissioner McKoy for his representation of the City of Boynton Beach to its sister city. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS: A. Announcements: None B. Community and Special Events: 1. Concert at Oceanfront Park on August 19th from 6 p.m.- 9 p.m. featuring the band Memory Lane. Wayne Segal, Public Affairs Director, encouraged the public to attend this concert featuring Motown classics and made possible by the Sun Sentinel and Boynton Times newspapers. C. Presentations: 1. Proclamations: a. Firefighters Appreciation Week - August 28th - September 3, 2005. Mayor Taylor read a Proclamation addressing firefighter support of the Muscular Dystrophy Association (MDA) and announcing Firefighters Appreciation Week. Firefighters across the country collect millions of dollars for MDA research through their annual "boot drives." Mayor Taylor expressed the City's pride in and appreciation for its firefighters. The Proclamation was presented to Deputy Fire Chief Jim Ness, who expressed appreciation for being recognized and commented on the commitment of the firefighters to the community, a commitment that extended to off-duty hours when a lot of the collection activities take place. Deputy Fire Chief Ness introduced Lt. Dean Kinser, President of Local 1891 and a Boynton Beach firefighter. Lt. Kinser announced that the current MDA drive would be kicked off on the Labor Day weekend. He thanked Rose and Mike Cellura, a couple who had been affected by muscular dystrophy, and came to the meeting to demonstrate support. Mayor Taylor thanked the Celluras for coming to the meeting and expressed the City's support of and thanks to them and to all who work for this cause. 2. Proposed Ordinance No. 05-047 RE: Approving the establishment of a Veteran's Advisory Commission. (1st reading of Proposed Ordinance) City Attorney Cherof read Proposed Ordinance No. 05-047 by title only. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Commissioner Ensler asked to add "for cause" in the phrase "members who have been removed may not be reappointed for 36 months" on page 4. Vice Mayor McCray asked for clarification of "for cause." City Attorney Cherof responded that this would be a conclusion by the Commission when the individual is removed from the position that there is a basis to believe that they were not fulfilling their responsibility under the appointment. Vice Mayor McCray asked when this ordinance would be established after second reading. City Attorney Cherof responded that the ordinance would become effective immediately upon passage and the Commission would have to make the appointments at the meeting following adoption of the ordinance. Commissioner Ensler stated that this would be at the second meeting in September if it passed. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 05-047. Vice Mayor McCray seconded the motion. Commissioner Ferguson took exception to some of the stipulations in this ordinance. He believes that board members should be nominated by veterans' organizations or qualify for membership as basic veterans. He was not in favor of the requirement that a minimum of 6 regular board members must be members of a local chapter of listed organizations. He also did not agree with the stipulation for nationwide organization membership. He did not agree with the requirement that 6 members of the board must reside in the City of Boynton Beach, believing that all members should reside in Boynton Beach. He suggested changing the number of meetings that could be missed from more than four meetings, as stipulated, to more than three meetings to be in line with the other advisory boards. He was opposed to the issue of honorary membership. Commissioner Ensler noted that at the last meeting, the Commission had decided to relax the requirement on City residency for all boards, primarily to accommodate the boards that could not fill their requirements from the residents of Boynton Beach. Mayor Taylor agreed, but noted that it had not been formally changed yet. Mayor Taylor thought that the local American Legion and VFW had many members not living in the City of Boynton Beach and this was why the requirement for City reSidency had been eliminated in the proposed ordinance. The other Commissioners were comfortable with the ordinance as drafted, with Vice Mayor McCray only stating that preference should be given to residents of Boynton Beach first. The rule for other boards is automatic removal upon missing the 4th meeting. The proposed ordinance would allow removal upon the 5th absence. This greater latitude was suggested due to the advanced age of most of the veterans and the greater likelihood of their being absent due to illness. Commissioner Ensler commented that the first honorary members listed were Gold Star mothers and fathers. He could not understand why anyone would object to their being able to speak on this board as members. Current members of the Armed Forces could not be present at all times but should be able to have a voice on the board. People with 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Purple Hearts, the Ladies Auxiliaries, and former prisoners of war should be allowed to speak as honorary members of this board also, he said. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-1, Commissioner Ferguson dissenting. 3. Approve the allocation of $5,000 of Community Investment Funds from Commissioner Ensler for design work on a proposed veteran's memorial. In addition, consider appropriating $30,000 to the CIP Fund for construction of a veteran's memorial. Mayor Taylor remarked that even if approved, the CIP appropriation would not be for a specific location, since that was yet to be decided. Mayor Taylor opened the floor for the public to speak on this item. Tom Kaiser, Public Affairs Director of the American Legion, 35 year member of the American Legion and Veterans of Foreign Wars (VFW), and 20 year member of the Disabled American Veterans, thanked Commissioner Ensler for providing encouragement to the veterans and for the mutual cooperation between the City and the veterans over the years. They had discussed putting up a memorial for the veterans for many years and now, the City's Arts Council had initiated a call to artists for various proposals for this memorial. Once the Veterans Commission is established, if approved, they would evaluate the suggestions from the Arts Council and with the City's concurrence, build the memorial. He thanked the City for considering this appropriation since the veterans had been working on this by themselves for 15-18 years. Bob Zimmerman, Chairman of the Veterans Council, thanked the City for its interest in the Veteran's Advisory Commission and for the beautiful Intracoastal Park. The Veterans Council represents the eight different military organizations in the area: American Legion Posts 164 and 288, Disabled American Veterans 152, Jewish War Veterans Post 440, Korean War Veterans Chapter 17, Veterans of Foreign Wars Posts 5335 and 10150, and Sons of the American Legion Post 164. Mr. Zimmerman's goal as Commander of the VFW for eight years was to insert American flags over eight hundred homes in Leisureville and at #3 Clubhouse to honor all male and female veterans who served their country. That goal came to fruition and patriotism and Americanism are highly visible all year long. He was looking forward to the beautiful new monument. Karl Washington, spoke on behalf of American Legion Post 288, thanking the City Commission for their concern and confidence in the Boynton Beach Veterans Council. Herb Schorr, representing Korean War Veterans Chapter 17, expressed thanks for the City's support in all veterans' affairs. They hoped that other towns and communities would follow suit. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Marvin Libensohn spoke on behalf of Jewish War Veterans Post 440, saying that it would be a great honor for his Post to work with the City Commission to enhance the City through the Veteran's Advisory Commission in Boynton Beach. He thanked the City for this opportunity. Jerry Weiss spoke as a representative of the Disabled American Veterans, Chapter 152, and thanked the City for the opportunity to serve as advisors. Dave Buckner, American Legion Post 164, thanked the City on behalf of his Post and all veterans. They looked forward to working with the City. Mr. Zimmerman declared that what the Veteran's Advisory Commission would be able to do with and for the City of Boynton Beach would speak volumes. He made special mention of Kurt Bressner as a supporter of the veterans. Commissioner Ensler asked the Ladies Auxiliary members to stand to be recognized, saying that their assistance was absolutely vital to the success of all the veterans' organizations. Motion Commissioner Ensler moved to approve the allocation of $5,000 of Community Investment Funds from his account for design work on a proposed veteran's memorial. In addition, approve an appropriation of $30,000 to the CIP Fund for construction of a veteran's memorial. Commissioner Ferguson felt the items should be separated. Commissioner Ensler amended the motion to be approval of an appropriation of $30,000 to the CIP Fund for the Eternal Flame Memorial. Commissioner Ferguson expressed opposition to the expenditure of public funds for a private purpose, believing that this could be done through private donations. Commissioner McKoy seconded the motion for discussion. Herb Suss asked to speak and was advised that it was not the appropriate time. Commissioner McKoy referred to the amount of $30,000, asking if they had something specific in mind at this time. Commissioner Ensler responded that an Eternal Flame memorial had recently been built in Tamarac, sculpted out of aluminum and about 22 feet high, and they spent $31,000. It was just completed in the spring of this year. With the $5,000 from Commissioner Ensler's Community Investment Funds and the $30,000 from the City, the expenditure would be equivalent to the amount of money spent by Tamarac on a similar monument. Mayor Taylor noted that in the CIP Fund, they would be approving up to $30,000. 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Vice Mayor McCray asked about the yearly upkeep to keep the flame burning. Commissioner Ensler commented that there would not be an actual flame. It was a symbolic flame and could be in the form of electricity. In Tamarac, there are a few lights that shine up on the statue, and light bulbs do not cost much. Herb Suss, resident of Boynton Beach, stated that as a former Marine Corps veteran, he was outraged at a Commissioner who objected to this expenditure of funds, although it was his right to do so. Mayor Taylor stated that Commissioner Ferguson was not objecting to the memorial, only the source of the funds. Mr. Suss felt that not approving the $30,000 was an affront to the veterans. He commented on the pay raises the Commission had voted for themselves. Commissioner Ferguson raised a point of order, stating that he was a disabled American veteran of the Korean War. The motion passed 4-1, Commissioner Ferguson dissenting. Motion Commissioner Ensler moved to approve the allocation of $5,000 of Community Investment Funds for design work on a proposed veteran's memorial. Commissioner McKoy seconded the motion. Vice Mayor McCray asked the City Attorney if the expenditure of the $5,000 from the Community Investment Funds was in order. Attorney Cherof stated that it fell within the criteria for the expenditure of discretionary funds. Vice Mayor McCray thanked Commissioner Ensler for offering the $5,000 from his discretionary funds. The Commission gave a lot to the youth and it was time to give to the veterans. The motion passed 5-0. 4. Building Colors along Major Roadways (CORV 05-009) Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue. (Tabled to 8/16/05) Motion Vice Mayor McCray moved to remove Building Colors along Major Roadways, CDRV 05- 009, from the table. Commissioner Ferguson seconded the motion that passed 5-0. Mike Rumpf, Planning & Zoning Director, discussed the proposed code amendments. Initially, staff was asked to evaluate existing regulations and consider whether they had sufficient authority to step in to control building colors when necessary. Staff originally felt they had a system that was working and that this was handled at the staff level and/or through the Planning & Development and CRA boards. At some point, the direction seems to have changed and staff believed they were being asked to develop a 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 comprehensive policy. Mr. Rumpf presented a very detailed analysis of color known as the Munsell Color Classification System. Planning & Zoning Director Rumpf and Attorney Cherof agreed that having a measurable standard for color was necessary in terms of interpretation and enforcement. Mr. Rumpf stated that having the Munsell System provided limits that were measurable and defensible. The Commission seemed to want something less complicated and asked whether an ordinance could be drafted that would address this without the necessity of having such a system. Attorney Cherof responded that the problem with doing that was that in the absence of an objective measurement system, the subjective language that would have to be used in its place would defeat any real attempts at enforcement. Without a measurable standard of reference, the developer, the City, and a judge may not agree about what constitutes an acceptable color. Some Commissioners expressed a preference for color guidelines on major roadways but not for residential developments. Mayor Taylor felt that government needed to step back and not get involved where it did not belong. Building colors for businesses were a marketing matter and Mayor Taylor did not think the City should tie the hands of businesses in that way. Vice Mayor McCray stated this was a free country and he did not want to overstep the bounds of government by dictating colors. The comment was made that this was usually handled at the staff level or at the CRA or Planning & Development Board, and that most developers were willing to change colors to which the board or staff expressed a strong aversion. Mr. Rumpf believed it would only come into play in the "worst" case scenarios. Basically, the Commissioners seemed to feel that the proposal represented "overkill." Commissioner Ensler stated his original request was to come up with something that gave staff "teeth" to turn down colors that did not belong in the City. The consensus was that this could be done with something a lot simpler than what had been presented at this meeting. Motion Vice Mayor McCray moved to deny the Building Colors Along Major Roadways (CDRV 05- 009) code amendment. Commissioner Ferguson seconded the motion. The motion to deny passage of the Code amendments as requested passed 3-2, Commissioners McKoy and Ensler dissenting. IV. PUBLIC AUDIENCE: Mayor Taylor opened the floor for the public to speak on items that were not on the agenda. Sr. Lorraine Ryan of the Woman's Circle, 145 N.E. 4th Avenue and Boynton Beach Planned Approach to Community Health (PATCH), congratulated the City and the CRA on a very productive joint meeting on July 18 where the audience was able 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 to participate and ask questions, for which they were grateful. She was confident that the Commission was mindful of the ideas presented at that meeting and in the much earlier meetings on the Heart of Boynton - specifically, the need for affordable housing. Also, the residents expressed a definite preference for single-family homes over condominium/apartment-style homes. She felt that since developers were already active in the area, a serious dialogue had to take place between the City, the CRA, and the Planning & Zoning Division and the developers to make certain that the Work Force Housing ordinance is compulsory, and not left to the discretion of the developers. They also wanted to see Section 108 of the HUD funding loan program implemented. The definition of affordable was crucial -- $250K is not affordable. She believed that someone needed to collaborate with the County Commissioners to avoid the NIMBY (Not In My Back Yard) syndrome. Many were aware of a proposal for affordable housing out west of Boynton Beach Woolbright Road in the County, which brought a lot of complaints. Affordable housing is needed in all Commission districts. Sr. Ryan declared that another strong desire that arose from the Heart of Boynton meetings was the need for a community health center. David Zimet, Boynton Beach Faith-Based CDC, 2191 North Seacrest Boulevard, stated that the CRA was not purchasing properties as quickly as was previewed, but he did not blame the CRA. One of the reasons was that the prices had gone out of sight and people had been waiting for the time when they could "strike it rich." People are now selling their houses to others who might not have the best interests of the Heart of Boynton community residents or neighborhood in mind. They were obtaining special kinds of mortgages that border on predatory practices. To confront the situation, the CDC is organizing a workshop where people from the Fair Housing Council, HUD, and the State Department of Financial Services will make presentations concerning predatory lending and reverse mortgages. The meeting will be on September 29, 2005 at St. John Missionary Baptist Church and flyers were forthcoming. Gertrude Sullivan, 201 N.E. 6th Avenue, Boynton Beach, president of the Boynton Terrace Association, stated they appreciated what the City did when it took the projects down. However, she implored the Commission not to allow townhouses to be built there, if at all possible. They need and want single-family homes instead. Mayor Taylor asked Ms. Sullivan the definition of townhouses, and Ms. Sullivan replied, the "Ocean Breeze West" townhouses advertised on the sign in the vicinity of the projects. If the CRA wanted to give money to developers, why not give it to young families to build single-family detached homes instead. She felt that young people needed stable, single- family residences and not to be "stacked on top of one another" in townhouses. Don Roberts, 1301 North J Terrace, Lake Worth, stated he had been an employee of the Parks Department for 16 years, was a Union steward, and part of the negotiating team for the Blue Collar workers since the early 1990s. He had come to the conclusion management did not want to negotiate a contract since the 20 hours they were given to negotiate a contract before impasse was not enough to negotiate any contract. All of the Parks employees are proud of the City of Boynton Beach and care for the parks as if 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 they were their own properties, but opening more parks, not hiring more employees, and contracting custodial services out to subs was not the answer. The restrooms cleaned by contracted firms are always dirty and he asserted the parks would be unkempt as well. The City needs to be kept beautiful and the employees' morale needs to be kept up because they are important. Tina Smith, 15 Velaire Drive, Boynton Beach, indicated that she was an employee of the City and her husband had been an employee for 18 years and was Chief Union Steward. On May 4, this Commission approved distribution of the monies for safety shoes/boots in 60 days'time. As of July 4, the employees had not received any money for their boots/shoes. The money finally showed up on August 12, but two divisions were left out. As soon as this was discovered, the employees were told they could wait until the next paycheck. She felt this was typical of mistakes in payroll at the City and showed a disregard for the employees. It hurts them also because they do take pride in their service to the City's parks and utilities. They want to be appreciated and treated with respect and dignity. They also wanted their contract to be finished. They are polite and courteous to customers and get letters of commendation all the time, but never receive recognition by the City Commission. City Manager Bressner responded this was the first he had heard of the two divisions being left out of the payment. The City would definitely cut checks. There was no reason they should wait. He apologized, and said that was not the way the City wanted to operate, and thanked Ms. Smith for bringing this to his attention. Mike Osborne, Jr., 3712 Coelebs Avenue, Boynton Beach, stated he was also a steward for the NCF&O Local 1227 Union. At the last Commission meeting he heard about the vacancy in the Police Department. This made him recall that Utilities went without a permanent director for almost 21 months. In regard to the Blue Collar Union, the City had declared impasse. Before that, the Union negotiating team had asked the City team to bring in a mediator, but this was denied. Two weeks later, the City declared impasse. Mr. Osborne spoke of what he saw as chronic understaffing in Utilities and observed the water plant had been understaffed for three years. After three years of no hiring activity, they were just now starting to see some movement. Although the department heads could put in requisitions, it was up to the City Manager to approve them and get them posted. He recalled his remarks from the previous Commission meeting about overtime, saying he hoped he had demonstrated there was no abuse of overtime in Utilities for on-call. The only abuse was due to a lack of staff and scheduled overtime. Of the $212K of overtime in Utilities, he thought that probably $180K was scheduled overtime due to the lack of staff. Mr. Osborne was also concerned with security at the water plants. He was not certain whether the contract workers had received the same scrutiny (screening, testing, 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 background checks) as the regular employees. He alleged there were new unsupervised contractors walking around with access to the City's water supplies. Mr. Osborne expressed concern that the janitorial services and lawn maintenance had been farmed out to non-City sources in recent years. He made the observation that the City Hall offices were still served by the City's janitorial staff and he implied that the reason for this was City Hall did not want to have people it could not trust clean its buildings. Mr. Osborne compared the resignation of Police Chief Gage to the current controversy with the City Manager. Herb Suss, City resident, stated he had asked to speak during the Colors item, but had been asked to wait. Then, the Commission voted on the item without calling on him. Mayor Taylor apologized, saying he had not seen him. The Union's charge of unfair labor practices was dismissed by the State. Mr. Suss referred to a letter from the City Manager that had satisfactorily answered his questions from the last Commission meeting. He felt the City had the right to set the terms of employment. Installation of GPS units on City trucks should not be a problem for anyone who has nothing to hide and could even provide savings in time and fuel costs. He was against the call back overtime issue, believing that if an employee worked for a half hour on two successive callbacks, he/she should not be paid two to three hours of overtime. The next time he makes a statement on something of this magnitude, he will get both sides of the story. Brother Victor Norfus, 261 N. Palm Drive, Boynton Beach, spoke of the recent passing of a City Commissioner in Miami and how this had led him to consider the kind of character desired in public figures. He shared a poem he composed on the subject. The poem appears in The Soirit Within Thee Awakened: A Collection of Poems and Psalms Part 2, by Victor Darrell Norfus, Publishing Copyright 2005, NETCIS Publishing. At the City Manager's request, the poem is included in the minutes in its entirety as follows. A Nation of Good Men, Poem #38 Few men today really understand what it takes to make a good man and others don't seem to care. A good man will never surrender to life; will never give up on his love, wife, family or children or his community. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 A good man will never depend upon others to do for him what he can do for himself, a true provider. A good man will not blame God or anyone else. A good man will not blame nature for his circumstances of life. A good man will go out and make conditions to suit him, his family, and his community and not wallow in despair. A good man has no master but God, and is his own authority and sovereign lord of his house and his community (as City Commissioners). A good man is courageous and so bold that it is impossible to deter him from the path of honor. (Mr. Norfus hoped that the Commissioners would stay on that path.) A good man must get to know God first, themselves second, And other good men throughout their lives. A nation of good men. Mr. Norfus hoped that these thoughts would inspire the City Commissioners, and that they would never stray, and always be good men and good Commissioners. The Commissioners thanked Mr. Norfus for sharing this with them. Mayor Taylor then closed the Public Audience when no one else came forward. Vice Mayor McCray had listened to the Union representatives and he concurred with them. He asked Mr. Bressner when the City would have a Human Resource Director, someone who knew the rules and regulations. Vice Mayor McCray believes that having this job filled might alleviate at least some problems. Mr. Bressner responded that the City was doing background checks on an individual who had Florida experience and it was almost concluded. v. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date III IV Ferguson McKoy Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt Alt 1 yr term to 4/06(2) 1 yr term to 4/06(2) 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Mayor Taylor Arts Commission Reg 3 yr term to 4/06 II McCray Cemetery Board Alt 1 yr term to 4/06(2) III Ferguson Code Compliance Board Alt 1 yr term to 4/06(2) IV McKoy Code Compliance Board Reg 3 yr term to 4/07 II McCray Education Advisory Board Alt 1 yr term to 4/06(2) III Ferguson Education Advisory Board Reg 1 yr term to 4/06(2) IV McKoy Education Advisory Board Alt 1 yr term to 4/06(2) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/06 III Ferguson Library Board Alt 1 yr term to 4/06(2) IV McKoy Library Board Alt 1 yr term to 4/06(2) II Ensler Employees' Pension Board Reg 3 yr term to 4/08(2) Commissioner Ferguson tabled his appointments except he did have a candidate for regular membership on the Education Advisory Board and asked Vice Mayor McCray if he could take the first appointment for that Board. Vice Mayor McCray agreed. Commissioner Ferguson appointed Susan Buchanon as a regular member of the Education Advisory Board. Motion Vice Mayor McCray moved to approve the appointment of Susan Buchanon as a regular member of the Education Advisory Board. Commissioner McKoy seconded the motion that passed 5-0. Mayor Taylor tabled his appointment for the Education Advisory Board for lack of candidates, but appointed Barbara Lentz to the Arts Commission. Motion Commissioner Ferguson moved to approve the appointment of Barbara Lentz as a regular member of the Arts Commission. Vice Mayor McCray seconded the motion that passed 5-0. Commissioner McKoy tabled his appointments for lack of candidates. Commissioner Ensler had no candidates for the Employees' Pension Board and asked the City Manager if he would consider advertising this opening to ask for volunteers. Vice Mayor McCray tabled his appointments for lack of candidates. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Budget Workshop - July 12, 2005 2. Commission/CRA Workshop - July 18, 2005 3. Agenda Preview Meeting - July 29, 2005 4. Regular City Commission Meeting -- August 2, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Approve a "piggy-back" of the Northern Palm Beach County Improvement District (NPBCID) Project #1250 to Shenandoah Construction of Pompano Beach, Florida for Wet Well Maintenance to Master Lift Station #317 located at Boynton Beach Blvd., just west of Congress Avenue with an estimated expenditure of $56,320.00. 2. Approve extension with 5% increase in BID #075-2511-04/KR, "lWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR cm FACILmES" to Cleaning Systems, Inc. for an estimated expenditure of $224,461.56 for the final year (year four) of the custodial contract. C. Resolutions: 1. Proposed Resolution No. ROS-134 RE: Requesting ratification of the action of the South Central Regional Wastewater Treatment & Disposal Board action of July 26, 2005. a. Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in- plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. b. Authorization to expend $4,265.80 for additional work performed by Widel, Inc., on the reclaimed water improvement project. The additional $4,265.80 cost to be split 50/50 from each city's capital fund. c. Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. d. Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures. e. Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: Operations & Maintenance $0.7463/1,000 gal Reserves $0.1800/1.000 gal Total $0.9263/1,000 gal 2. Proposed Resolution No. R05-135 RE: Approving the endorsement of an abandonment application to the Palm Beach County Board of County Commissioners of an unimproved right- of-way located north of Old Boynton Road, west of Nichols Boulevard. (Pandora Avenue). 3. Proposed Resolution No. R05-136 RE: Approving negotiated renewal benefits and premiums for 2005-2006 Health Insurance coverage with Blue Cross/Blue Shield of Florida. 4. Proposed Resolution No. R05-137 RE: Authorizing execution of an agreement to exchange real property along with a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a warranty deed from the same church for properties located on NE Martin Luther King Blvd (10th Avenue) in the City of Boynton Beach. Vice Mayor McCray removed Consent Agenda item C-4 for discussion. D. Ratification of Planning and Development Board Action 1. Children's Services Council (NWSP 05-018) Request for New Site plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53 acre parcel in the Quantum Park Planned Industrial Development District (PID). Commissioner Ensler removed Consent Agenda item D-1 for discussion and a brief presentation. 2. Interstate Sign Crafters (Phase III) (NWSP 05-025) Request for New Site Plan approval for construction of a one (1) story 17,384 square foot warehouse building on a 2.533 acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Commissioner Ensler removed Consent Agenda item D-2 for discussion and a brief presentation. E. Ratification of CRA Action: 1. Arches (HTEX 05-006) Request for a height exception of 17 feet pursuant to the City's land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the elevator shafts and stair towers to be 167 feet in height, a distance of 17 feet above the 150-ffot maximum height allowed in the Mixed Use- High (MU-H) zoning district. Commissioner Ensler removed Consent Agenda item E-l for discussion and a brief presentation. 2. Arches (MSPM 05-008) Request major site plan modification approval for the construction of a large scale mixed-use project consisting of 378 dwelling units and 38,500 square feet of retail on :1:4.68 acres in the Mixed Use-High (MU-H) zoning district. Commissioner Ensler removed Consent Agenda item E-2 for discussion and a brief presentation. F. Return cash bond of $12,445.40 to Ross Realty Investments, Inc. for the project known as L.A. Fitness. G. Return cash bond of $139,534.00 to Centex Homes for the project known as The Harbors (Building #12). H. Approve reduction of surety covering the water and sewer systems for the project known as Sterling Records, Phase 2, and refunding that portion of the cash surety in the amount of $41,828.74 to the developer, Sterli ng Rea I Estate LLC. 1. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,000 to The Service Corps of Retired Executives, known as SCORE. J. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the HeadStart program. K. Accept the written report to the Commission of purchases over $10,000 for the month of July, 2005. Mayor Taylor announced the Commission had been asked to table Consent Agenda Item C-l(e). 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Motion Commissioner McKoy moved to table Consent Agenda Item C-1(e). Vice Mayor McCray seconded the motion that passed 5-0. Motion Vice Mayor McCray moved to approve the Consent Agenda as amended. Commissioner Ferguson seconded the motion that passed 5-0. C-4 Proposed Resolution No. R05-137 RE: Authorizing execution of an agreement to exchange real property along with a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a warranty deed from the same church for properties located on NE Martin Luther King Blvd (10th Avenue) in the City of Boynton Beach. Vice Mayor McCray pulled this to allow the pastor of the church to make comments. The pastor did not have any comments to make. Motion Vice Mayor McCray moved to approve Consent Agenda Item C-4. Commissioner Ferguson seconded the motion that passed 5-0. D. Ratification of Planning and Development Board Action 1. Children's Services Council (NWSP 05-018) Request for New Site plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53 acre parcel in the Quantum Park Planned Industrial Development District (PID). Mayor Taylor opened the floor for public comment, and closed it when no one wished to speak. Motion Commissioner Ensler moved to approve NWSP 05-018, Children's Services Council request for New Site Plan approval. Commissioner Ferguson seconded the motion that passed 5-0. 2. Interstate Sign Crafters (Phase III) (NWSP 05-025) Request for New Site Plan approval for construction of a one (1) story 17,384 square foot warehouse building on a 2.533 acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mayor Taylor opened the floor for public comment, and closed it when no one wished to speak. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Motion Vice Mayor McCray moved to approve NWSP 05-025, Interstate Sign Crafters' request for New Site Plan approval. Commissioner McKoy seconded the motion that passed 5-0. E. Ratification of CRA Action: 2. Arches (MSPM 05-008) Request major site plan modification approval for the construction of a large scale mixed-use project consisting of 378 dwelling units and 38,500 square feet of retail on 1::4.68 acres in the Mixed Use-High eMU-H) zoning district. Mayor Taylor opened the floor to the public, and closed it when no one came forward to speak. City Attorney Cherof swore in the persons who would be speaking on the quasi-judicial Consent Agenda items E-l and E-2. He then reviewed the quasi-judicial procedures. City Attorney Cherof stated that since the site plan was being considered before the rezoning, the site plan would contain an additional condition indicating that any approval would be subject to approval of the rezoning. The Commission wanted assurance the applicant acknowledged this and had no problem with it. Bonnie Miskel, attorney for the applicant, said the applicant did acknowledge the subject condition to the extent that the rezoning was required for the total density that was before the Commission. If less density was ultimately constructed, the zoning issue would no longer be needed. Ms. Miskel summarized the changes from the original plan approved by the City Commission. She offered to display a PowerPoint presentation following her summary, if requested. The primary difference between this site plan and the one the Commission originally approved was the addition of three parcels. Subsequent to the original approval, her client acquired the three parcels located on the northwest portion of the project, squaring it of and making it a more cohesive site. The previous plan provided for the retail along the major thoroughfares but also had some interior space. The current plan eliminates the interior space from a marketing perspective and locates the retail along the major frontages including S.E. 4th Street, Ocean Avenue, and Federal Highway. The trash removal room formerly located on Ocean Avenue had been relocated to a place that would be less visible. The retail originally provided for 167 parking spaces. They had increased that to 202 spaces. The location of those spaces was previously located on multiple floors of the parking garage. They now have located 127 spaces on the first floor, which they think is 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 more desirable for patrons. The old plan only had 42 spaces on the first floor. The parking garage was originally 7 levels and this one is 5 levels. They had expanded surface garage parking and modified traffic patterns within the parking garage to make them less tight and safer. The new plan eliminated 20 spaces on the fifth floor to add additional landscaping. They originally had two or three small public plazas and now have at least that many but had more than doubled the main public plaza on the corner of Ocean Avenue and Federal Highway. They originally had a small fountain feature located on the extreme northeast corner of the site. The fountain had now been expanded to make it more consistent with the size of the public plaza it is serving and is approximately 18 feet by 18 feet. The fountain will be a significant feature and now affords some seating, which was not previously provided. The new project adds 102 residential units, which equates to approximately $40M in additional tax revenue. From an economic standpoint, this plan is a significant improvement over the one previously approved. The Commission agreed that they did not need to see the PowerPoint presentation. Ms. Miskel thanked City staff for the extraordinary effort they had made to help them get this project before the Commission. Staff's recommendations were very helpful and the applicant was very thankful for the opportunity to work with staff on this project. Mayor Taylor asked Ms. Miskel if the applicant was in agreement with the 81 conditions of approval. Ms. Miskel said yes, as modified and approved at the CRA hearing. The applicant also agreed to the additional condition making any approval contingent on the approval of the yet-to-be-heard rezoning and abandonment items. Commissioner Ensler asked for status on the rezoning. He thought it was important to allow the developer to move ahead as soon as possible. Ms. Miskel said the item would be heard by the CRA on August 30 and at the Commission's first meeting in September. If approved at this meeting, it was her client's intention to start work immediately on the permit plans. Mr. Rumpf agreed that this was the case and that the items were the land use amendment and rezoning package and the abandonments. They had been scheduled as quickly as the advertising requirements would allow. Motion Commissioner Ensler moved to approve Consent Agenda Item E-2, the modified site plan for the Arches project. Commissioner Ferguson seconded the motion. The motion passed 5-0. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 E. Ratification of CRA Action: 2. Arches (HTEX 05-006) Request for a height exception of 17 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the elevator shafts and stair towers to be 167 feet in height, a distance of 17 feet above the 150-ffot maximum height allowed in the Mixed Use-High (MU-H) zoning district. Motion Commissioner Ensler moved to approve Consent Agenda Item E-2, the height exception for the Arches project. Commissioner McKoy seconded the motion. There was no further discussion. The motion passed 5-0. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission None IX. CITY MANAGER'S REPORT: None. X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (8/30/05) B. Interlocal Agreement between the City and CRA - Boynton Beach Promenade extension. (Proposed Resolution No. R05-091) Tabled to 9/20/05 C. Interlocal Agreement between the City and CRA -- Old High School. (9/20/05) D. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (9/20/05) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 E. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 9/20/05)( Proposed Resolution No. R05-119) F. City Manager's Evaluation (October 2005) G. Notification to residential areas of ordinance changes. (9/20/05) H. List of State Funding Requests (9/20/05) Vice Mayor McCray asked about the status of the Future Agenda item, Notification to residential areas of ordinance changes scheduled for the September 20, 2005 meeting. City Manager Bressner said a draft was being circulated and he thought it was on schedule for September 20. XI. NEW BUSINESS: A. Approve the allocation of $5,000 of Community Investment Funds from Commissioner Ensler for design work on a proposed veteran's memorial. In addition, consider appropriating $30,000 to the CIP Fund for construction of a veteran's memorial. (This item was moved to IIIC.3.) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-040 RE: Rezoning 2.54 acres from R-1-AA Single Family Residential to R-1-A Single Family Residential (Future Land Use classification to remain Low Density Residential (LOR)) for the ultimate development of 10 single family residential lots. (Gerrity) (Tabled 8/2/05) City Attorney Cherof read Proposed Ordinance No. 05-040 by title only. Motion Commissioner McKoy moved to remove Proposed Ordinance No. 05-040 from the table. Vice Mayor McCray seconded the motion that passed 5-0. Mayor Taylor opened the floor for public comment and closed it when no one came forward to speak. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-040. Commissioner Ferguson seconded the motion. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 Deputy City Clerk Pyle called the roll. The vote was 5-0. 2. Proposed Ordinance No. 05-043 RE: Amending the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel Extended Stay" to include condominium hotel units. City Attorney Cherof read Proposed Ordinance No. 05-043 by title only. Mayor Taylor opened the floor for public comment and closed it when no one came forward to speak. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-043. Commissioner Ferguson seconded the motion. Deputy City Clerk Pyle called the roll. The vote was 5-0. 3. Proposed Ordinance No. 05-044 RE: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. (Heritage Club @ Boynton Beach) City Attorney Cherof read proposed Ordinance No. 05-044 by title only. Mayor Taylor opened the floor for public comment. Pam Long, attorney with Weiner & Aronson, 209 N. Seacrest Boulevard, Boynton Beach, offered to answer questions. She stated this was going to be a dynamic addition to the Boynton Beach streetscape and would make a bold statement that a person had entered Boynton Beach. The applicant believes this project fulfills the Comprehensive Plan requirements and the vision of the Federal Highway Corridor Plan. In response to a question from Commissioner Ferguson about the adequacy of funding for the greenway on the west of the property, Ms. Long said they had originally reserved 30 feet for a right-of-way but had increased that by 20 feet, to give a total of 50 feet for the City right-of-way. Commissioner Ferguson was satisfied and thanked them for it. Motion Vice Mayor McCray moved to approve Proposed Ordinance 05-044. Commissioner Ferguson seconded the motion. Deputy City Clerk Pyle called the roll. The vote was 5-0. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 4. Proposed Ordinance No. 05-045 RE: Rezoning from C-3 Community Commercial to PUD Planned Unit Development. (Heritage Club @Boynton Beach) City Attorney Cherof read Proposed Ordinance No. 05-045 by title only. Mayor Taylor opened the floor for public comment and closed it when no one wished to speak. Pam Long, attorney with Weiner" Aronson, 209 N. Seacrest Boulevard, Boynton Beach, asked the City Attorney about the height variance approved by the City Commission at its last meeting and whether it required a second hearing. Attorney Cherof offered to check on this and call Ms. Long the day after the meeting. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-045. Vice Mayor McCray seconded the motion. Deputy City Clerk Pyle called the roll. The vote was 5-0. 5. Proposed Ordinance No. 05-046 RE: Amending Chapter 16 "Parks and Recreation" Article II, "City Parks and Beaches" by amending Section 16-82 to provide for an increase of beach parking permits and related fees and eliminating redundant language. Attorney Cherof read Proposed Ordinance No. 05-046 by title only. Mayor Taylor opened the floor for public comment, and closed it when no one wished to speak. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-046. Commissioner McKoy seconded the motion. Deputy City Clerk Pyle called the roll. The vote was 5-0. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-047 RE: Approving the establishment of a Veteran's Advisory Commission. (1st reading of Proposed Ordinance) (This item was moved to III.C.2) 2. Proposed Ordinance No. 05-048 RE: Amending Ordinance 098-06 by amending Chapter IV, "Benefits", subsection 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 07 Entitled "Family and Medical Leave Act" of the Personnel Policy Manual to conform to union contracts. Attorney Cherof read Proposed Ordinance No. 05-048 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-048. Commissioner McKoy seconded the motion. Deputy City Clerk Pyle called the roll. The vote was 5-0. City Attorney Cherof commented that between first and second reading, a minor amendment to the Ordinance would be done to eliminate the linkage between the adoption of the ordinance and the reference to it being for the purpose of conforming to collective bargaining agreements. It was not for that purpose. It was just a clean up issue. C. Resolutions: None D. Other: None. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: Mayor Taylor announced that an Executive Session would convene immediately following adjournment of this meeting. There being no further business to come before the Commission, the meeting was adjourned at 8:32 p.m. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 ATTEST: (, /'1 /y) c~n~1,,'l,tt ~11 I Recording Secretary (81705) cm OF BOYNTON BEACH . e Mayor .... ., \, ~;t-' {AA--- G Commissioner---- .....-'.. '"'' ') i ( . --7 - "{;, '"~ ~-(/( . (~ .)~tmlssloner " :;:.~1~, ~:?:-_ i,,,,;;:", ....,..,;. "..... "'~i~,,~:~1 24 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. license Deputy City Clerk PROJECT NAME: The Arches AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval to construct a mixed-use development consisting of 378 dwelling units and 40,596 square feet of retail on a 4.688-acre parcel zoned MU-H Mixed Use-High. LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APp*ant HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -X- GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on conditions of this order. Other A- p pro () a i the property shall be made in accordance with the terms and I S :5 U. iJ ic<.1 * v 7. /' e 20 A./ 1/</ t'j.. tUJ/J~& (,fiLL. (/ ~ {f-; r -{J r; S:IPlanning\SHAREDlWPIPROJECTSIARCHES @ BBIMSPM OS-OOSIDO.doc Exhibit 'A' - Location Map o . 100 200 400 600 800 . Feet w.' EXHIBIT B ~ ~ !; ~ ~ 8" < ~~ ~ .~ "..-1 ~ zo < ~ :r~ " ~ ~~ ' ! ~ < ~ I'" is . ~ " a ~ i I a > . 1 ~. ~ . ,I ~~ ;~ I j.". .' " ~~~~~~~:;~~~1O ~ '~:: J It :~~~' a h?s~~b~R~~~ ~h~. ~~R~~:' q~~ mg ~ ':! z: ""~i i'" .,.,tl ': .: \ .. ~: tl> \ 'l "'- -:....)..., > -oF" ~-_. ,~"I 'f",~" <f' !!:~ .. r~. f,fo'" .......,.;' "",,'. ,:0 I ~b, ~"----.-~188.59'-zrw I I -'jii ,--7 ! I, I -':" 'I III I J1 I I i ,,' ! ! , ~.I I .. ~J ,0 .rJ If/! 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I ~ aJ)~ 11 tfu~O"" ~ /' t:: EB EB B: f- f- t'::: t= t: = = EB EBIB: = ;;Ii .= EB EEI'B: E tIE It t'::: t;::: EBEEI~ l~ltHj ij EEl EEl EB EH EH EHI B: EH EB ~ EBEElEI pop 0 0 0 0 000 0 - IEBI~ EB :r= a ~ ~ '= EB EBIEI JS ~ EB EBlrp 1= IiI t::: j;t t: EB EE B: f- f- - - 83EEB: ~~~ ..,.. = EBEEEE ,. ~r; ".d d" ;:::: ;::;;; - EXHIBIT B r= ;!~ ~ 0 000 0 0 0 000 j Ffllrn EI3I ill B;l EI3I B: EI3I rn ru I" '\ " << ~ ~" 1. @} "" ~ I I i r- ~I'~ ~~~ ~ L- iij t Hi, iiU i! il ij; ': [i] 3:0 --1 Dl (I) --, ~3. ::r (1)2 CD (f3 ;:u~ )> (1)0 !!!.1jl ..., m ~ (") ~ (D' :J" Dl C/) CD ~i (J) a' c }J 5" r> 0 ~ (") CD Ii Q) z ~ 0 L~ )> ~~ !'Ol1l < 8< CD ~~ 0' ~ ;:) C rir 0 CD 0 ;:) m !il "lJ C CD !l!. < ~ Q) r-+ 0 ~ f " ~ to o '< ~ 0 r-+ - o 0_ :r: ~ ~' to :TCD~ ~ Q) q fg (") ~, :::r CD - ~." !:: r-_ ~ , ~ E!HIHfl = = ~ 83 83IEE 8EB1El3EHEBEEI EEl EE1EE EEl EEl - r:: 1= 83 83 EBlEElEElEBEH EH EE1EE EEJ EEJ ~ it ltl '= ~ ~ po 838383 EBEElillEHEB EEJI83 m I- EEl EEJ ~ ill ill! I;;: ~ - 838383 EH EEl EEl EEHB EB EEl 83 EEl EEJ = = I ~ fEl ~ ~ ~!t IIII1m EB EEl EB 83 EEJ ill EEJI83 EB EEJ Ii <> F f- EHEElEBEBEEJEElEElEEEHEEI I:c:: EB l- I- f- I ~ r- L .""UjjUjiiUij.~ i ~ ~ ~~ 'cl'~~ ~I' ~'" ~a ta ~~ ~~~"~,,~,, 5"~" ~~~" F " f ~ ~~ (;~ Ii ~~ ~~ Ii ~ ~~ ~ ~~ ~~ Ii ~~ ~~ ~ ii~ d a;; . ii -jH EXHIBIT B !'~ ~ ~ EXHIBIT "C" Conditions of Approval Project name: Arches File number: MSPM 05-008 Reference: 2nd review plans identified as a Maior Site Plan Modification with a August 2, 2005 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. At the time of permitting, show sight triangles on the Landscape Plans (LDR, X Chapter 7.5, Article II, Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles along Federal Highway. Use 25 foot sight triangles for all other driveways and intersections. 2. Please provide information on the proposed abandonment of SE 1 st Avenue (a X 40-foot RIW) and/or SE 1 st Place (a 20-foot alley). Existing utilities servicing this quadrant are located in both of these roadways; any proposed re-route must be adequate and hydraulically workable. Please demonstrate this for all support utilities including gas main re-route, electric and telephone. 3. 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. 4. Remove Yard Drain (YD) 23 and 24 and relocate YD manhole to be X perpendicular to the east-west 18-inch Reinforced Concrete Pipe (RCP) at the main entrance off Federal Highway. 5. Provide drainage calculations showing that the first Yz inch is being "pre- X treated" on site and showing how the hydraulic load complies with the Downtown Master Stormwater Plan. 6. 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 COA 08/05/05 2 DEPARTMENTS INCLUDE REJECT Comments: 7. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26- 12). 8. Fire flow calculations will be required demonstrating the City Code X requirement of 3,000 g.p.m. with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 9. 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. Please note the reservation fee for the prior extension is past due and must still be paid in arrears back to January 2005. 10. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. These include those utility lines shown between building structures offset and parallel to old SE 151 Avenue. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 11. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 12. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. Water meter and SIzes are not shown. Please provide engmeenng X calculations, or any explanation of the service lines and tentative meter sizes required for this proiect. 14. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 15. 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. COA 08/05/05 3 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 16. At the time of permitting, indicate within the site data the occupancy type of X each building as defined in 2001 FBC, Chapter 3. 17. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. 18. 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. 19. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 20. 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. 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. Add to each building and tenant space that is depicted on the drawing titled X site plan and floor plan a labeled symbol that identifies the location of the handicap accessible entrance doors to each building and tenant space. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 23. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. COA 08/05/05 4 DEPARTMENTS INCLUDE REJECT 24. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 25. If an accessible route has less than 60 inches clear width, then passing spaces X at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passinJ;?; place. 2001 FBC, Section 11-4.3.4. 26. IdentifY within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD' s surface water management construction development regulations." 27. To properly determine the impact fees that will be assessed for the pool X building, provide the following: . Will the pool building be restricted to the residents of the entire project only? . Will the residents have to cross any major roads or thoroughfares to get to the pool building? . Will there be any additional deliveries to the site? . Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool buildinwlease office. 28. 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. 29. 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. 30. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the COA 08/05/05 5 DEPARTMENTS INCLUDE REJECT Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The number of bedrooms in each dwelling unit. · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 31. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land. · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 32. 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. 33. 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. 34. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specify the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. 35. This structure meets the definition ofa 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: COA 08/05/05 6 DEPARTMENTS INCLUDE REJECT The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 36. This project is located within the Downtown Stormwater Improvement X Watershed. Therefore, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. 37. At the time of permitting, an elevator shall be installed in the parking X structure as required by Florida Statute 399.035(2) and the Florida Building Code sections 11-4.1.3(5) and 3003.4.1. 38. Van accessible parking spaces are required in the parking garages. One in X every eight accessible spaces in the garages shall be van-accessible and comply with the 2001 FBC, Section 11-4.1.2(5)(b), 11-4.6.3 and 11-4.6.5. PARKS AND RECREATION Comments: 39. At the time of permitting, the developer shall provide a list of on-site trees X (earmarked for removal/relocation) to the Parks and Recreation Division. The Division will use this list to identify those trees eligible for relocation to a city park. However, it must be noted that not all the trees and palms can be used by Recreation and Parks. In any case, the developer must root prune the trees according to industry standards in advance of transplanting. In addition, the developer must be responsible for relocating the trees and palms to the locations determined by Recreation and Parks. The developer must water the trees and palms for a period of 90 days or until irrigation can be installed. 40. Recreation Impact Fee as follows: X 378 multi-family units @ $656.00 each = 247,968.00 Impact Fee due prior to issuance of first permit. COA 08/05/05 7 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 41. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 05-008). Indicate as such on the site plan tabular data at the time of permitting. The MU-H zoning district allows for up to 80 dwelling units per acre and the total number of allowable units directly corresponds to the project acreage. Therefore, at the time of permitting, revise the plans so that the number of units does not exceed the maximum allowable density. 42. Approval of this project is contingent upon the approval of the corresponding X request for a height exception (HTEX 05-006). Indicate as such on the site plan tabular data at the time of permitting. 43. Approval of the site plan (as proposed) is contingent upon the successful X abandonment (ABAN 05-004) of Southeast 1 sl A venue, and (ABAN 05-005) Southeast 1 Sl Place. Staff does not support the sidewalk abandonment (ABAN 05-006) which would reduce the project area by 0.221 acres, thereby reducing the density by 18 dwelling units. 44. In addition to the current survey, submit an updated boundary survey showing X the inclusion of Southeast 1 sl A venue into the boundaries of the subject property. Staff will use this area in conjunction with the private lands to confirm total project acreage, proposed density, and building setbacks. The total project acreage should match the site plan tabular data. Provide the break-down of project acreage for each area surveyed to confirm the total land area as indicated in the site plan tabular data. The buildings can be setback no further than 15 feet, unless a public gathering space (such as the one proposed at northeast comer of the property) is provided. 45. The Palm Beach County Traffic Division determined that the proposed mixed-use X project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date (2010). The County traffic concurrency approval is subiect to the Proiect Aggregation Rules set forth in the TPS Ordinance. 46. Because there are multiple lots, a unity of title will be required to join the lots X together. A unit of title shall be executed prior to the issuance of a building permit. COA 08/05/05 8 DEPARTMENTS INCLUDE X REJECT 47. The meeting rooms proposed on the ground floor is an accessory use to the residential portion of the project and shall not be utilized for commercial purposes unless accounted as such in the project's required parking methodolo . 48. The project's proposed uses and their required parking is inconsistent between the plans. Therefore, at the time of permitting, the site plan tabular data should accurately indicate the number of required parking spaces in the format shows below. Staff understands the required parking would be as follows: Proposed Use Required Parkin 320 230 203 753 Provided Parkin Net Difference 769 8 777 +24 9 X On-street aces 49. At the time of permitting, all elevation pages shall indicate the exterior X finishes, roof material, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). This would include the 001 avilion as well. 50. At the time of permitting, indicate the height dimension of the tunnel opening X as shown on the Federal Hi wa elevations and the SE 4th Street elevations. 51. At the time of permitting, obtain consent from the Engineering Division of X Public Works and / or Florida Department of Transportation (FDOT) for all plant material proposed outside the property line and within the public right- of-way. These trees / plants cannot be included within the plant list. Provide a separate plant list that indicates quantity and species of plant material ro osed within the ri ts-of-wa. 52. At the time of permitting, the landscaping proposed at main project entrances X shall contain a signature tree at both sides of the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required erimeter trees Cha ter 7.5, Article 2, Section 5.N.). COA 08/05/05 9 DEPARTMENTS INCLUDE REJECT 53. At the time of pennitting, categorize the plant material into the following: X Canopy trees, palm trees, and shrubs / groundcover. 54. At the time of pennitting, fifty percent (50%) of all site landscape materials X must be native species (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover. 55. The sixth floor recreation deck contains plant material. The pervious surface X ofthe sixth floor deck cannot count towards the site plan's minimum pervious area. Therefore, at the time of pennitting, the landscape plan's tabular data shall indicate the exact locations from where the pervious surface statistics were derived. The MU-H zoning districts requires that a minimum of 15% of the site shall be of pervious surface (Chapter 2, Section 5.F.5). 56. At the time of pennitting, place a note on the site plan (sheet 1 of 12) that X sidewalks shall be Hollandstone pavers, red / charcoal color mix by Paver Systems Inc. or equal, laid in a 45 herringbone pattern to continue the design elements in place along Federal Highway (Chapter 2, Section 5.F.8.d.(2). 57. The typical drawing of proposed freestanding outdoor lighting poles shall X indicate that the interior poles will be painted black and the exterior (along the rights-of-way) shall be painted to match the existing poles along Ocean A venue. 58. At the time of pennitting, submit a master sign program that shows the X number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of SIgnS, including commercial wall SIgns, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs as regulated by Chapter 21 of the Land Development Regulations. 59. The subject site is located along Palm Tran Bus Route 1. Staff recommends X that the bus-stop be substantial and attractive, possibly constructed within the build-to area of the subject property. 60. The landscape plan shows two (2) Royal Palm trees are proposed at the X southeast corner of the property. Staff recommends installing tall growing trees into the design of the public plazas at each corner of the subject property. The trees should be of substantial size, in order to immediately help break up the building mass. The proposed Royal palm trees (12 feet of gray wood) are small in comparison with a 1 50-foot tall building. 61. At the time of pennitting, staff recommends incorporating benches into the X design of the public plaza proposed at the major corners of the subject property. 62. Regarding the tunnel opening proposed interior to the project but visible from X COA 08/1 0/05 10 DEPARTMENTS INCLUDE REJECT Federal Highway - staff recommends "rounding" the opening so that it looks more like an archway rather than a square tunnel. Also, decorative molding and cornice work would really enhance its appearance. These same treatments should be provided for SE 4th and SE 2nd as well. 63. Staff applauds the developer for proposing a fountain at the northeast comer X of the property. However, the fountain on the landscape plan depicts it at the very northeast comer of the parcel. It should be setback so as not to impact the safe-sight triangle of Ocean A venue and Federal Highway as depicted on the site plan. Provide detailed drawings of the fountain. Please correct all plans accordingly. 64. Increase prommence of architectural banding components at vertical X transitions of the project, or improve plan details to show compliance with draft CRA Urban Design Guidelines (see Section 5, page 73 of document). 65. Staff recommends elimination of retail/residential loading #5, reconfiguration X of back of house operations for "retail D", in order that retail loading #4 can accommodate all of "retail D". Residential loading #6 can then handle loading needs for building #2. This should enhance the SE 2nd Avenue building elevations. 66. The site data provided on sheet A01 of 12 does not match that of the site plan X sheet CE-3. Please verify correct numbers and revise all sheets accordingly. 67. Please provide written permission from BellSouth for the proposed X construction around their existing in-ground facilities on the site and their ability to maintain the facilities with your proposed design. 68. Improvements have been made to both the project and plan graphics to show X compliance with the CRA's design guidelines; however, staff observes room for continued improvement in the street-level portion of the project. Staff continues to provide the applicant with the option of providing more architectural elements to articulate the street level facade, or additional graphics or plan details to show compliance with the design guidelines. Additional elements would involve accentuation of the walkway covering, presence of arcades or similar features, and plinth, tiles or equivalent details. Staff recommends utilizing awning colors that are more in keeping with the shades of blue / teal that are characteristic throughout the city's public works projects. 69. CRA staff recommends the reduction in the size of the public plaza at Ocean X A venue and Federal Highway for proper scale with proposed and recommended additions and activity potential. 70. CRA staff recommends that an interactive fountain be used in the public X plaza at the comer of Ocean Avenue and Federal Highway. The fountain should be of significant size to anchor the comer at Ocean Avenue & Federal Highway. COA 08/1 0/05 11 DEPARTMENTS INCLUDE REJECT 71. CRA staff recommends that the public plaza contain a staging area in front of X the fountain that would accommodate live music and ~ntertainment. 72. CRA staff recommends the addition of raised planters around each Royal X Palm within the public plaza that will serve as seating areas. Minimum size should be 6' x 6' x 3D" high x 12" deep made of material suitable for seating. 73. CRA staff recommends that the sidewalk at the Federal Highway entrance of X the project be continued around the motor court to permit safe pedestrian access. 74. CRA staff recommends that the entrance to the motor court at Federal X Highway be enhanced with a fountain. 75. CRA staff strongly recommends that the 4th Street frontage have active uses X such as office or retail. If however, the project is approved without this condition, the garage openings at all levels of the 4th Street frontage shall have metal trellis with bougainvillea or an equivalent species. 76. CRA staff recommends that water features be added at the following corners X to enhance the pedestrian environment: Southeast 2nd Avenue and Federal Highway Southeast 2nd Avenue and Southeast 4th Street Southeast 4th Street and East Ocean Avenue 77. On the site plan, CRA staff notes the lack in clarity regarding patron access X between the parking garage and the commercial components, and therefore is recommending that if necessary, modifications be made to optimize these routes. COMMUNITY REDEVELOMENT AGENCY BOARD COMMENTS: Comments: 78. Deletion of conditions #69, #71 and #76. X 79. Changes to condition #70 to remove the requirement for an "interactive" X fountain. 80. Changes to condition #72 to reduce heights of the raised planters from 3D" to X 24". 81. Changes to condition #75 to omit the requirement for office and retail uses X along 4th Street. COA 08/10/05 12 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 80. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\MSPM 05-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. License Deputy City Clerk PROJECT NAME: The Arches AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 4.688-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APPlixant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -X- GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other / S,lPlann;ngISHAREDlWPIPROJECTSIARCHES @ BB\HTEX 05-006\DO.doc -I - () s.. Exhibit 'A' - Location Map . o 100 200 I 400 600 800 I Feet ..' . fl. ~() -.J i~ :T ir3 CD ;;U 1l )> ~~ (3 tra :r 6i~ CD ~~ U> a' c J' 5" p " CD -; C. ~ CD -, z Q) o S' ~m I J;: iF (0" ~ i- :::T =. ~ U> Q) ~'< ~m c _ !!!. 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I l? ~ EBIEE II I r mEBEE [ "JJ T o I T rT 6 B EBIEE I II II 6 ~EBEE [ I I [] BEBEE I J I 6 :!3 rnlEE r II II 6 =Ii mla: F= o EBEE I rf o EBIa: r lIlt [] 1!8 lIE T I ;;;; j IlI3 lIE ~ mn~ o EllBIElII I Jill - o EBEB OC J II ~ ~EBI+ EXHIBIT B o 0 0 0 ODD 0 0 a EEl EI3 HJ EB EEl HJIEE EEl EB ~ ~J .. p I ~ ~ ~ ~ tj ~ ~ I IEB EB EEl EaE8 EB EE EEl EEl L ODD 0 0 0 ODD ~~i!i!jiiiiiiii!J!li fri1 , ~() --f III CD ~::l ::r ~~ CD CD -0 )> ~O 1ll-i3 -, -m 0 [XI a: ::r 6i~ -- CD CD - ,^ (j) ~ \U ..... o J:: :!=' 5'" p f\.) :J c.. )> < CD :J 1 c: ~ CD z m 0 CD (I) ~m < lil- .(]) Q) ~a ~ 1;- 0 ::> in ::J () -- 0 ::> () 2 "C ~ e- ~ 0 () ~ 0 3 "0 - Q) :J 0 CD CD J. * OJ o '< :J 0 r+ _ oq :r :J ~. OJ g. ~ m ~ o 0 ~. :::T lD .. ~-n 5 r_ a . & ... EXHIBIT B rnrn~ . WOESlGMWIDI..IH[S-IWlDSOTCOlll'OSnlON 8.I.S( WOSlCTlOK ~f'~f'~ !!.~ l~.~~ ,. ';J!~ !j~j"j' j~!'}! ~~f'~f' ~I'~ oS . ~ 't~ ~ ~ ~,,~ s a ~ ;1; ~ ~ _ ~ . q 0; J:II II 0; !1I1iIl 1.11 ~ ~ /, .... ti1 3:0 -I meD ~::J ::r ~~ CD 6?~ )> ~~ .., m ~ (") II) -. :::J" Iid~ CD ~~ en a" c :.0 ::i ~ 0 "I (") l'l CD ... Q) z :J 0 ~~ )> ~m lJi- < - lD ~< CD ~!!. o. :J ::J C Cir (") CD 0 ::J m 8 "0 i: CD ~ < ~ Q) ~ 0 ::J r ~ OJ o '< :J 0 r+ - o q J: :J ~. OJ ::r CD '" G:Q)q ~ (") ~. ::T !D W ~-n r r-- ~. 'ij,.~ i~i~!~i- ~j~i;!i~i!-i-i~!- ii- '" 6 '" t . ~ ~ i !~ ~ ~ ~! ~ ~ ~ 6 <lo -~ 0; 6~ <lo ~ 6 <lo ! EXHIBIT B EXHIBIT "e" Conditions of Approval Project name: File number: Reference: The Promenade HTEX 05-006 Elevations dated August 2. 2005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X I I Comments: None UTILITIES I I X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. At the time of permitting, the elevations shall be revised to indicate by note X that the roof profiles (proposed at 161 feet - 8 inches in height) are non- habitable soaces and are decorative elements. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 2. None X Page 2 The Promenade File No.: HTEX 05-006 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 3. To be determined. S:\PJanning\SHARED\WPIPROJECTS\ARCHES@BBIHTEX05-006\COAdoc EXHIBIT 0 ~ Ruden ~_I McClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX (954) 333-4076 BONN IE. MISKEL@RUDEN.COM June 20, 2005 The Arches at Boynton Beach Height Exception Boynton Ventures I, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach downtown area is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the northwest comer of Ocean Avenue and Federal Highway, and comprises two city blocks (Block 7 and 12 of the original Town of Boynton Florida plat) between Ocean Avenue and SE 2nd A venue (the "Property"), within the Community Redevelopment Area. The general use and zoning pattern in the area can be described as follows: The Arches at Boynton Beach North: East: South: West: MU-H (proposed) CBD MU-H CBD CBD CommerciallRetail CommerciallRetail Mixed Use CommerciallRetail City public parking lot Section 4.F of the City's Zoning Code ("Code") provides for height limitations and exceptions. Electrical and mechanical support systems, as well as parapets and similar structures may be erected on top of a structure, above the district height limitations with City Commission approval. The Mixed Use-High ("MU-H") zoning district limits heights along arterial roadways, such as Federal Highway, to 150 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. The Petitioner is proposing fourteen residential floors, above a floor of ground level retail/commercial uses, for a total of fifteen (15) stories or 150' roofline. The proposed project is within the CRA. The City's Code provides for a height of 150' for mixed use projects zoned with the MU-H district to provide intensities within the downtown area that will provide synergy between uses and enhance economic viability of downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and similar structures are permissible, subject to City Commission approval. The Petitioner is requesting an exception of (up to) 17' for a total of 167' maximum height to accommodate WPB:206268:2 CARACAS. FT.lAUDERDALE . MIAMI. NAPLES. ORlANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALlAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McClOSKY, SMITH, SCHUSTER & RUSSEll, P.A. EXHIBIT 0 Page 2 rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on the proposed tower buildings. As discussed below, approval of the height exception will adhere to the standards set forth in Section 4.F of the Code. The Petitioner will demonstrate that the height exception: . Will not have adverse effect on surrounding land uses; Is necessary; Will not severely reduce light and air in adj acent areas; Will not be a deterrent to the redevelopment of adjacent properties; Will not adversely affect property values; Will not adversely influence living conditions in the neighborhood; Will not constitute a grant of special privilege; and Is needed for the proposed redevelopment project. . . . . . . . (1) land uses. Whether the height exception will have an adverse effect on the existing and proposed The proposed Arches at Boynton Beach project is located within the City's downtown and CRA. A general objective of the CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-H zoning district is applicable only within the downtown area. This district provides for buildings to attain 150' in height. The requested exception is not applicable to the entire building. Roof-mounted equipment located within the central portions of the tower elements extend approximately 17' above the roofline. Roof profiles on the glass tower elements extend approximately 5'8" above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than The Arches. The requested 17' exception will not have an adverse effect on existing or proposed land uses. (2) Whether the height exception is necessary. . Conformance with the height provisions would limit the size of the mixed-use project, require the ground floor of retail to be lowered from just under 15' to 9', and would require a floor of condominium units to be eliminated from the redevelopment plans. The downtown area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, The Arches at Boynton Beach proposes a 15th floor, containing 26 condominium units. The requested height is necessary to accommodate the units necessary to allow an economically feasible and well- balanced redevelopment project, while providing pedestrian-oriented amenities (plaza) on the ground level. WPB:206268:2 CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. EXHIBIT 0 Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The proposed exception of IT will not affect adjacent properties. The mechanical equipment, elevator shafts and stairwells ("equipment areas") are centralized on the rooftop. The subject equipment areas comprise approximately 2,600 s.f. of the roof area, which is just over 1 % of the total site. The equipment areas are setback 40' from Ocean A venue and SE 2nd Avenue, 31 '6" from Federal Highway, and 44' from SE 4th Street. In addition to the location of the equipment areas, the roof profiles on the glass tower elements (parapet), which extend 5'8" above the top of roof, will also shield the equipment areas from viewpoints. The requested building height exception will not create shadows or affect air circulation in a manner that negatively impacts adjacent properties. (4) Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The requested height exception does not affect or impact the redevelopment potential of adjacent properties. The requested exception (up to IT) will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the downtown redevelopment area. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the equipment areas and roof profiles will not adversely affect property values. Rather, The Arches at Boynton Beach redevelopment project will have a positive impact on property values in the area. This project along with other redevelopment efforts in the immediate area may spur other property owners to redevelop their parcels with structures and uses that are more consistent with the downtown vision the City has established for this portion of the Federal Highway corridor. (6) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. The requested building height is not applicable to lands outside the downtown redevelopment area, and therefore is peculiar to the Property. The proposed IS-story structure is consistent with another mixed-use project in the downtown area that is currently under construction (which has been granted a similar exception greater than 1 Tin height). The exception (up to IT) will not impact other properties and is consistent with the public welfare. WPB:206268:2 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. EXHIBIT 0 Page 4 (7) Whether sufficient evidence has been presented to justifY the need for a height exception. The requested height exception is in keeping with the spirit of the height provisions for mixed use, high density projects in the downtown area, and is permissible pursuant to Section 4.F. The requested building height will accommodate 378 residential units, and commercial/retail uses, in the City's Downtown area. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's Downtown to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:206268:2 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Oevelopment paz Building Englnllrlng Oce. L1eenle Depllty City Clerk PROJECT NAME: Interstate Sign Crafters APPLICANT'S AGENT: Michael E. Sipula, JMS Architectural Design, Inc. APPLICANT'S ADDRESS: 10800 N. Military Trail #211 Palm Beach Gardens, FL 33410 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 17,384 square foot warehouse building on a 2.53 acre parcel in the High Ridge Commerce Center. LOCATION OF PROPERTY: 130 Commerce Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ,X- GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: j~/i;-{.)O:;-- NIC e Location Map INTERSTATE SIGNCRAFTERS ~.. I I I I I ! I ! I , ! M I \ I I 1.__..__.___.__ . ..... .... ..--.......--...... .....~_..._...- Cl C3 0::: -I ~ Cl 0::: C3 m us en EXHIBIT "A" Rl . ....._--....... I~ \.......----..-...-. It:) Ol ~ ;$ W at: !-O H- Z ..... REI N W~E 5 . _ 5b;.r- J t r I~ :.II; ~':.";II '. I . a a :itIi ii re I;~ -...: I -.... - i ~ rr-i is i ~ JiU t:i~ acre:@. =p-': - ----:-: ----::- ."_, ...... ~ ~ - .. ~-- ~ l!..u mO.- ....... - .!i:;_ - -.., - - -H..I -............ - - - - '.1' r - i ~ PI I..... .11 .- -__ ... 0 --' - - - - . - , . - - - - - -J -of j,- - m lC ." I -- - .- I :--- ,4 I. ... lli -. .... ~ I .. !I ---"'"""\. r. . ~ ... m -, ~ il ' _.~........." I, > ""' m mr "0."" - - . - ~ - ~ - - - '!I i. J ... 'I'" J;f r- 51~'''' .,...... I:. ~ II)!'S:"'~ ~,t';~f - ~ -- ---Ill: - ...... '.-., l---~I-::-;:-:.----.- -...- "'... f · ~Il · (J> ,. - 'I . : I I -, : i ~ ~:::...",,- j I: I ::.~=,.:s. .:, ; Ii' I I 'If---~-- ,~,~~_.. s r- t i ! i I : .m.=::...u. 1\! Ii 1::- I zt' , I : t . ~ t . 1 i I :: tit / f lt~ I: f l:l ;" . /' . - I' ! X";;;..../ I t .. ---.--...... rri"'. / ~ . it: I , : I~, ! r i I It _ ~~_ ____ _ r 1 ~ -,.. --t;K.~~ :..' ~ ~ y ~ ___ ~l ~ -- nl.~Ift:lI ~ . ~ I ._ ~i':1; . .... '" ... - ._or ./ "} .\.... I , I I I I IlIill!1 !1'!IUi WI uprg fUI 1"it 1i"I' :'11 P. I, '.a Is: !:iP:1fii llil !:~I! !I,!!iil if;,II!llpi Qli !mr :!. in -- !lfI ! Ihil~ I ;;J' Is I J T- . ... i m . '" l!! ~~ * Iii. ~ d 5 z: HD;6 :mi'J."I HI ~ ijl!;'ilE ~ j;!fqi ~~ .~ - - f~ i~~1 _ ~0~- .:!! Ilg ""':J" .. n . --<:. i~. _Ie ~ -a ~ ~ I !!l ~ r 1,IIi ~Ji J; .... . ".~ --< Al '" I ....::J!!a ' ~ .~ I Jl~~~~l r- -8 .)- I.... .,.... ,.~. . .;~. r ; > r~. 7.- ::eJ.. .~ .", 'I I. -4-~ .IiJ ~.~ I ij. - irti~ . '" ii' ....11;~ 'II.: -a J!!.~ l-tK~ r --------- ,-- ~ -Ir.;;M;L iID ~ ~ ill! ~ E .r. ~ . . , ~--- c> '. N". -'4 I . · ~~~.. .,' . . · - ~: :z ..J '- ...... - . > I. !: ; .~. . . . . . w'w.- -~ \ -! I . I ! . I ,~~ ~H' r . ~ . ;'; .~ ...- .. .. d .. ~ ~.~ ;'! U u EXHIBIT -8- . I - x COftntIQ_ #lIo-- '\ ~ ---A.----..a:~_.__._._._ __._ ___ l",lIt fit If I f I liig m' lit j 'I!' ftf imH! Iii Hi J J J J Illfllj! "'Ifflll I: ! I!!I !,Plli !lii'~~ !!! 'f Pi: 'll~ l~ illlm III iI ' m itRiI!. ~ II! !!~!. itlliil~J!!~~ ~!~ iiW,t:! i i ~r+i II III I I Umr 1m! If "I" I , Hi 'Ullli l"'l' , HI I r I I J J ; , I'H', ".. I'''' I C~. I I! 11 II.' r I Ii I f 'Ul.!,. f 'i I ,,, I I I INTERSTATE SIGN CRAFTERS. INC. AT HIGH RIDGE COMMERCE PARK LOTS 13 .. '4. BLOCK 2. CED.AR tyr>GE. ~ -'~: U. D. n '1"1' I ..,I I~ clltrl!, J J ftll II JlJfI-II~ . 'J' J,l' II ,If " :J!II'JI I, U I I . t '" ,I tlUlfl ,'i 1'1) .. I' I' II ~. I ii I, ,.' It', IiI I I~: I~ III{ I, r ". .. to. I uu .. J In .. 1 H n If I it' 'I ,I i~ . . ! " !!: l!! ... < > ; , ~ ~ ~ ,- .H tf,h ,.' -- , it;t t' t!! I :,: t i:: ~ ;J. I ~ i;~; ~ I!f; i~;a h. , HP ..., I f' I~ '1 I. ~ ~ ~ .. .. ia ,.. ~'.1 a '.~ .## .....---:.!'-- .I : '.. \. " . !t ': f ~ :i " ,- EXHIBIT -8- . ... I t' .... _w.--., _~ 1:11 \ it. 'I b '1 ti Ii -, 'I j . 1 I " 1 r U I . I I i I I II I I : j · I I ~l .lliDlb~=!!r: II! !'I': III UI ill If ~~ II it Ii r; ~ , it i iI ,'I I I 1 ~!il II ,I ;. : d I I .1 d lilt,.: , R d. II ii I~ . I II !! I a: 'II' Iii 1111 I~I '&I Iii 'it Itl 'il III ell III ell 'i' If I 'it , ~~.N~Y~~~~~ll'~IJ'~II'1 11111 u Dlf' .1,' 1. ,. U 1 ., 1. 1.. · t · " III l' 'lil Is 1 it 1. III I . INTERSTATE SIGN CRAFTERS. INC. AT HIGH RIDGE COJlJlERCE PARK tOTS 13 It J4. BLOCK 2. CEDAR RJDGE. A P. U.D. It HIGH RJDGE COJlJlERCE PARK. A P.LD. : 1 I . .1 ~ . . I .1 i : liT ~ ;-;. f-i -- 0 II Ie D D I D U II D n II D t ........ t ~ 2 ~ ~ ~ ., - -- ,." ~ , . ~ . -Ii ~ 2 ~ ~ f> S n '" ~~ ~ l' i!!: . ~t , . 1 I! 5 5:. II ., 11 E 5 .. '...-. ".1; . ",'-'. : ..... '.' ..:It. p .~.~ .' ; ! n' )I: . i I' . ; . i! II -, I I i I! It' · · · I I I I I I: II i! ,'~ U I II I I I J ! " I' s II .' II I '" I II (I e (I II' · ... " " , III U' II I~I 'i n =; II II U U U II '. .. " , !lli WI It III 'I ~i ;; h It I I I ;i II Ii IE i B ii' II ii n! II I .11 I ! I I' U Ii 2 cu, Iii llil .c; III Ii' iii IU IiI III .,, If I tll 'i' 'fl Iii · Iii' I,! alii ;., II; leI.! III If I h; 1111,. II. I.! I,. I.' I "Ii U fil' .)- 11 .' U 1 ,I 11 J;i I, II. U I U II 'hI )1 rli! II ,). I II JI JI ~ I' i t~! I t:AMIIjII -tS- ~l1!i.KS'J'A'J'E SIGN CRAF'I'ERS. INC. AT HIGH RIDGE COJlJlERCE PARK LOT.S 13 It 14, BLOCK 2. CEDAR IUDGI'. A P. u'D. It BlOB IUDG~ COlDtERCE PAR1C, ... P.LD. ~....tv1S ,. ...~ ..c.. .. "'--_.-~- "'.M...__ ..__ AftCHITeCTS & CONSULTANTS L.. 111011 -1:)- . l :d \- :-\1 r ....IL _ I I I I I . r -it "fl~1 -- - /: 1& II I. ~ I !. ,\ I I I ~I . J I I II; ,'; . . I I I iii I' · I w" II \ 'i r II T '''1 ~ \ I I ,. · II l=:: ~ 11-, T ,'1 t@!!t! I I II i& I I'" II IIII ~. . ~. fDIlC> ." I I I I . I I I Ir to I~ . . 2 . ... ~ ~ I........... ftl 01 r1 I AIIIPIII ".b.~r...,. eICIN ~1_4. tIC. I I, Oil" , II I rill r::.::.~==-'I1L'" It ............ EXHIBIT e Conditions of Approval Project name: Interstate Sign Crafters File number: NWSP 05-025 Reference: 1 S(review plans identified as a New Site Plan with a June 2 I. 2005 with a Planning and Zoning Deoartment date stamQ marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: I. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Revise the note on the Landscape Plan to indicate that within the sight X triangles there shall be an unobstructed cross-visibility at a level between 2.5-feet and 8-feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.) 4. There is a potential conflict between the existing Swietenia Mahagoni (West X Indies Mahogany) and the wall-mounted light on the south end of the building. 5. There is a potential conflict between the proposed Strelitzia Nicolai (White X Bird of Paradise) and wall-mounted lights on the north and west sides of the building. 6. 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. 7. The SFWMD Surface Water Management General Permit provided with X this package has expired. A new permit will be required to complete construction of the on-site surface water management system. 8. 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" COA 07/22/05 2 DEPARTMENTS INCLUDE REJECT and will be reviewed at the time of construction permit application. UTILITIES Comments: 9. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 10. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 12. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. Cleanouts will be required every 75 feet along the sanitary sewer service X lateral. 14. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 15. All entrance gates to construction area shall have a Knox lock system that X will also open in case of electrical power failure. All gates shall be a minimum of 20 foot wide if two lane, and 12 foot wide if single lane. Fire Department apparatus shall be able to turn into the construction site in one turn. 16. The construction site access roads shall be maintained free of obstructions at X all times. 17. All required fire hydrants, standpipes or sprinkler systems shall be in place X COA 07/22/05 3 DEPARTMENTS INCLUDE REJECT before going vertical. Vertical construction shall be protected by standpipes and the sprinkler system to one level below the highest level of construction throughout the building. 18. Any cost of damage to Fire Department vehicles because of improperly X stabilized roads or any towing fees if a vehicle becomes stuck will be the responsibility of the contractor. A minimum of 32 tons is required for ground stabilization. The pouring of the foundation pad is considered vertical construction. The roads must be acceptable before construction begins. 19. Adequate Fire Department vehicle turn around space shall be provided in X the construction area. We understand that this is an existing in use property, so we want to insure that there is no conflict. 20. This building will require a full NFP A 13 fire sprinkler system, per City X Ordinance Chapter 9, section 7-3.2 (4). 21. Provide information on the types of businesses that will be in this building X to determine the hazard designations, so a decision on the requirements for the sprinkler system can be made. POLICE Comments: NONE X BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 23. At time of permit review, submit separate surveys of each lot, parcel or tract. X 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. 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. 25. The full address of the project shall be submitted with the construction X documents at the time of permit aoplication submittal. The name of the COA 07/22/05 4 DEPARTMENTS INCLUDE REJECT project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 26. Indicate on Sheet SP-l the square footage of the building that will be X dedicated for factorylindustrial and how much square footage will be storage. Areas shall comply with Table 500 to the 2001 FBC. 27. A total of three handicap accessible parking spaces are required for the new X building per the 2001 FBC, Section 11-4.1.2(5). PARKS AND RECREATION Comments: 28. Plant list shows the Ilex vomitoria 'Stokes Dwarf to be 16 inches in height x X 18 inch spread. Needs to change to be a minimum of24 inches high and 24 inch spread at installation, and to avoid confusion with note in Plant Specifications. 29. Include palm tree planting detail. X 30. The landscape plan sheet should be include details indicating by a line X where the height, diameter @ DBH, and clear and booted wood areas of the shade and palm trees will be measured at time of planting and inspection. 31. Irrigation coverage should be 110%. X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet L-l X 32. The applicant must indicate on the landscape plan that any existing trees I vegetation in accordance with the original approved landscape plan for lot #14 that are dead, missing or in poor health must be replaced throughout the lot. 33. The applicant must indicate on the landscape plan that any existing trees I X vegetation in accordance with the original approved landscape plans for lots #15, #12 and Minor Road ("existing buffers on adjacent properties") must be replaced throughout these three buffers. 34. All trees on the Plant List must be listed in the specifications as a minimum X of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement. [Environmental COA 07/22/05 5 DEPARTMENTS INCLUDE REJECT Regulations, Chapter 7.5, Article II Sec. S.C. 2.] 35. The Typical Tree Planting Detail, and the Typical Palm Planting Detail X should include a line indicating where the diameter, height and spread of the trees / palms will be measured at time of planting and inspection. 36. The Commerce Road rights-of-way must receive Floratam sod and irrigation X coverage for both lots #14 and #13. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 37. The applicant should show a landscape elevation detail for the existing and X proposed buildings and landscape improvements to scale along the Commerce Road right-of-way. 38. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Cocoplum hedge plants on three sides. PLANNING AND ZONING Comments: 39. Provide updated letter of traffic concurrency from Palm Beach County X Traffic Engineering prior to issuance of first permit. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\lnterstate Signcrafters\NWSP 05-025 Phase III\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Children's Services Council Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Michael Rossin, STH Architectural Group, Inc. APPLICANT'S ADDRESS: 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 100,000 square foot office building on a 6.53 acre parcel in the Quantum Park Planned Industrial District. LOCATION OF PROPERTY: Lot 91 Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6, All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other 2 -I il-(; S- DATED: S:\Planning\SHARED\WP\PROJECTS\Qu . 1 in. = 307.2 feet I II '0 01 10D~ It-S ~ ... ~ ';. ((9 '-\' Y Children's Services Council ~ m ~ -< g r- m ~ :v o , ~ ,. p t ~ ~ / ~ i i 6 " . b '" I \ , \ , I I I I , , I it! i \ I '\ i~t , ~t: \ 1J~ I ~;:3 \ ~, , \ . I \ , L ~u<:-\ . \ I \ I r I I ~ , dO"~ \ I . .~ Jt \ I I . ) , I , ---~ I ---- -~~-_____________l O\fO~ 3!)0I~ HOIH /--------------- ( , I I I ~.; " ~ . HI "~ I , I I I , I , , I I , I , , , j , I , I , I , I , I , I , 1 , I ----- ;. ~ l '" F" If: p -, H "fi "A. H~~ ~~~j ~):.~ '1JJr, ,:'1:1 .,1"" " ~W T ~ ra r Jii~ , ..~ g" 'r ~. .. J r I HlJ I[illl I Jlhfff Illf liilli'll fl{1 ii m ; >lliU ~, f J - i fir I if J I ~ i I I i I f[ <<i H'JI" I f i , I - ., ! i m I . S ';ifl'~ii. . i 'tftlK I! 11111111 1 -I F. --. Ii i.U;:;,..8~" j ! .... .;.:~.; I m .!l!?r~~ IIll1nl i J. !!! ~~~? -I mill ! . .. . ! . . Ilf l i sITe PLAN [] i 1 . li ~1 \f' ...) \:/ ' .. , -1 ---.... --- j: ~ !L .'. ." .~ :~ ~ ~~ ~~ f:. :\~ :; ." . ~ ,..-\ c. , " "'.:. _~ ';l~ ___ " . 1%~ I! !';-:.-. j, j " I ! i,. j ,~--j. , / A '\:,:' ._,~ '1- ; lat. P,: ";""1- I~' . .......- \\tLY~~_;: :.f,'.!. \!'Pi cf \ i I j Il_! : I I I' . \, . \ I .,' j, ! \ : ~~ ~ : J , \;()~ r ~ \ 1 (; ~ ~ .~' -" 1 1 V 1 \ ! \ ! ."+ !~ ~! ;i, ~ . : ~ ~. r ~~ ~, . . ., mH~ tr.( Hit H ~(~r. m ~ '''.'9;{ ..;. ~,'. < ~i :i~6 ~"r~ "r.. ~.~ 0" 't. . ~ ,', . , ~'~r <\ *',~;.:f l ',t" i .r\ f ,.". ,'''- ..,.. >. ':'s.{ i~ ~/!i f e~~ 1:,; , ~'~"J ~4 ," ' J"~ ,~ ~ J~(.""", &i~ .~ - :,).' .~i~' Po ~l ~ J ~ IJlH D' -I .,,'H p !l ji Children s Services Council BoJntqn &om, J-lorida --- \Ii. ~ C1 m (Il (Il ;ll o ~ EXHIBIT B.. ~~ ;~~; ;<>; .( ~ i J ~ 51 $: " ~ ft' '- \ . , .........;. R '; 9 -<>-"'-~~ ,......... .;;.. Scale: 1" I: 30'-0" <, I 1m k"""",,~ a,""!"~lli. )t> l10tln I\.tlll) DIll{ lUll ..00 ; MSr NUl M'AOt n.OK>A ))4()1-<U)Q II: t:" ~ ~~ = ... -.iifL__ _ ~ \' Cl > -l fTl ~ > -< al o c:: f;; < > ;:0 o ,:t ,.;. & ~ to ~ tTl n <: ~ (; ::l '" 5. t . rg Il -6 b,. i~~ I , I, r-1 I u). /!..!.. ! ~;:'i!::-:=:l::: HIGH RIDGE ROAD '\ : ~ i ': ttl f'~ a 1 :: ; ! t Ii; 'f l'i r! ~ fH "l n, ,. .J IIi! d. l i_ . '" ,,'ff 8 Childrens Service Council H :P!;li:~i .... Landscape Plan ' : · 'Ii >eM . ~ ! ih ~f' __ ~ I ,.' Hv;'~- ~~, . ViJl.(),l ~[>' I ': r c ~' . ilal:lr~r ~ "Hf.1t i;J !! Itii!!~ 1M g 1~t1:!P~i'l '" ,!"llllihff. ~ ~JNOl.E 8~LANO COMPANY ~......."...~~ '-:"'==:":=":"':"..;";;"':':': -- EXHIBIT B ---~--. @-" // ,'-" : ( ..;;;. .: " <-iZ ! I , . " i \::.,'~' , I (j :J'"' _. - 0.. '"'1 (b r=, ~CJ) : fJ: en . Q (b ';16 :2 '"0-. -n ~(b () o c =' n _. - .~L ' !~I i};PH.l.uifr ,. ~ i~. f !; l! i! t l \ 1-' .:.. f-, ~!h!5;~;1f~ ~~!l!!tfi~~~ , fl' ! !! 't 1, f ;:'~~~~;'!I~, !!~i,~~!{ ,.. #Ihp;f d 1WI,;~: l~ HHH~H 1i J' (l; i[~:~ ~i ~~$'i~;b: 'd'f I~ . ~ -,' ., ~ !H! 1; :'iJ H t r $ I I I JI :~ I U. ~~ it ,- i~ I ; I i'~1 ft ,: - ~!"j , I~ ~ 5" EXHIBIT B ~ .. .. ': .. ... .. ': ... .. .. .. I 01 i ~. d ~i ! rj L-J ;~~ 't1o.1;P. LJ ,:-.. [J 0 :i J Ci D~>< , ..n~ j ____ I "~ ~lA~ ~ n 0i i.I',; 0 n '1 ;1 i~I:(~ 0 Ci ~ " ~~r t U I L~ : ;!~; .~~]: I ~.~ , ~~ :i~~{ ~ 0 I . '\ n ~t " tf 0 n .. '. ~<,: I ~~ , .., ~,., l:J .' "~ ;" :". .- . :jltR 0 .tb~ ' I. 0 n n , i~ ,,_ L \~ , .; 11 j I,' U ~ ~;. u J: ,Of' I ~\ , I , n 0 I, I Ci 0 i i; 0 Q ~ T Ii ~ ~r, . o 0 I' I u p i I , 1~" t 0 0 0 I CIJ If! w: ""l \'.1 1 I~~; ., j ~i - !.~~ 'liP , ~'. I ' ~n~ " i. ' : d f 1.." t ._i- t ,\ ! ,.iI . I ;' I.. r, h J 'i <~ li r: .. .. .. .. !k J I: I' := :: i , r i -4 ~; ~ : l ~! ~ . fl r I i I n 0 W CIJ i~ L,. t n 0 0 B ' ~ i~ I; ...J LJ Q g ,~" ~ d g n fW f~\~ If. t] l;rf I" J. ' .~ ,p ,. . :U; ... t Q D t !;: 0 Q ....< n 0 0 0 ' . L1 o 0 ~iF3 ~i! '-C'" .,. g..' ; ,~ ",/. ;H i" t, ! EXTERIOR ELEVA lK)N ScaJe: 1/16' .. r-o" ~.:i-TD' -, >- ~.'h 11 ~ i ;; " I C1ailcIma ~ Serviats Cmmeil ..,..~... I SIN "nhltt'(tur.GI Groue~~I.I. .1. m not'" IlAGlll DRIll un MOO '<1(\1 PAl/\ I(A(M llC8\!l )>101-~))9 "'~ (X)l) 8}] ))99 r.. C)Ollo))~ EXHIBIT "C" Conditions of Approval Project name: Children's Services Council File number: NWSP 05-018 Reference: 2nd review plans identified as a New Site Plan with a June 14,2005 Planning & Zoning Department d k ate stamp mar mg. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the time line should be the date of City Commission approval. Also provide rrrilestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT they will be reviewed at the time of construction permit application. FIRE Comments: 7. Provide the fire hydrant layout for this project with the hydrants clearly X shown. Show all water supply lines for fire protection and hydraulic calculations. Hydrants shall be spaced ever 300' of road travel, with no point of the building more that 200 feet from a hydrant. Provide hydraulic proof that 3000 gpm above domestic use is available at 20psi. POLICE Comments: None X ENGINEERING DIVISION Comments: 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the Commission and at permit review. 9. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.I.b). 10. Provide maintenance documents for the preserve area at time of permitting. X II. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 12. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 13. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the commission and at permit review. DEPARTMENTS INCLUDE REJECT 14. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 15. 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. 16. 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. 17. 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. 18. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 19. Add to the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 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. At time of permit review, submit separate surveys of each lot, parcel or tract. X 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. 23. 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 revtew 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. 24. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the proiect is multi- Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I 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. 25. Exterior walls shall have access openings for Fire Department use serving X each story above grade per the 2001 FBC, Section 1405.1. 26. The passenger elevator shall comply with 2001 FBC, Chapter 11 for handicap X accessibility and also Section 3003.4.2. 27. The elevator shall comply with 200 I FBC, Section 3003.4 for stretcher X requirements. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 28. Irril!ation Plan-No Irril!ation plan included in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 29. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 30. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 31. Quantum Park Architectural Review Committee (ARC) approval is required X for the proposed signage. Please provide letter of approval prior to issuance of first permit. 32. Provide FPL authorization for the parking and landscaping proposed within X their easement prior to issuance of first permit. 33. Fences depicted on the plans are temporary only during construction. If it is X determined, by the City or the property owner, at the conclusion of construction, that these areas are to continue to be fenced, the chain link fencing will be black vinyl clad to blend into the preserve areas. 34. Prior to issuance of the first permit, a conservation easement or comparable X document acceotable to the City Attomev shall be executed and recorded at DEPARTMENTS INCLUDE REJECT the County for the preservation and maintenance m perpetuity of the preserve areas depicted on the landscape plan (LS-l). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\PJanning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services CounciJ\COA.doc Meeting Minutes Planning &. Development Board Boynton Beach, Florida July 26, 2005 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the June 28, 2005 Planning and Development Board meeting Agenda items. Ed Breese, Principal Planner, reported on the planning and zoning items heard by the Commission at its July 19, 2005 meeting. . The Knollwood annexation, land use, and new site plan were approved on first reading. . The Gerrity rezoning was approved on first reading. . The maximum building height in Planned Unit Development districts was approved on first reading. . The Land Development Regulations regarding setbacks was approved on second reading. . The Arbolata major site plan modification was approved on Consent Agenda. . The Bethesda Hospital major site plan modification and height exception was approved on Consent Agenda. 6. Old Business - None 7. New Business Assistant City Attorney Tolces administered the oath to all persons who would be testifying. A. New Site Plan Description: Children's Services Council (NWSP 05-018) Michael O. Rossin, 5TH Architectural Group, Inc. Children's Services Council of Palm Beach County Lot 91 Quantum Park; northeast corner of Gateway Boulevard and High Ridge Road Request for New Site Plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID). 1. Project: Agent: Owner: Location: Deb Tatonetti, Director of Administrative Services at Children's Services Council, 1919 North Flagler Drive West Palm Beach, appeared. 2 Meeting Minutes Planning &. Development Board Boynton Beach, Florida July 26, 2005 Chair Wische noted there were 34 staff comments and Ms. Tatonetti responded the applicant was in agreement with all staff Conditions of Approval. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Motion Mr. Casaine moved to approve the request for new site plan approval for construction of a three-story, lOOK square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID) subject to all staff comments and conditions of approval. Ms. Jaskiewicz seconded the motion that passed 7-0. B. Project: Agent: Owner: Location: Description: Interstate Sign Crafters (Ph III) (NWSP 05-25) Michael Sipula, JMS Architectural Design, Inc. Jeffrey Peterson 130 Commerce Road Request for New Site Plan approval for construction of a one (1) story, 17,384 square foot warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mike Sipula, JMS Architectural Design, 10800 North Military Trail, Palm Beach Gardens, appeared. Chair Wische noted there were 38 staff comments. Mr. Sipula indicated that the applicant was in agreement with all the staff comments. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Ms. Jaskiewicz asked about the potential plant material vs. lighting conflict mentioned in conditions of approval #4 and 5. Ed Breese, Principal Planner, responded that if the conflict exists at time of permitting, staff would recommend different plant materials. Motion Vice Chair Hay moved to approve the request for new site plan approval for construction of a one-story, 17,384 sq. ft. warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mr. Baldwin seconded the motion that passed 7-0. 3