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Minutes 01-19-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 19, 2010 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cheraf, City Attorney Ron Weiland, Commissioner Janet M. Prainito, City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay offered the invocation and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay requested addition of a discussion relating to the Haiti Crisis. Mayor Taylor added the discussion under 2. Other, Informational Items. Commissioner Rodriguez suggested it would be prudent to allow the new Commission to discuss and decide the issue of the Old High School. He advised he was meeting with a company interested in the building and would be making a formal presentation at a later time. Motion Commissioner Rodriguez moved to table the Item until the new Commission had an opportunity to review the presentation. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Rodriguez requested the discussion of the police facility be moved forward in the agenda to accommodate the many citizens who were present. There was consensus to move the police facility item to the first one under City Manager's Report. 1 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL Commissioner Rodriguez requested an item be added for discussion of the PAL program funding. Vice Mayor Hay was in agreement to discuss the PAL program funding. Mayor Taylor added the item was the last item under City Manager's Report. 2. Adoption Motion Commissioner Rodriguez moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross shared she had attended the candlelight vigil at the Toussaint L'Ouverture High School. Community leaders from other municipalities were present to show support and share the efforts of their cities to contribute to Haiti and the earthquake victims. Commissioner Rodriguez thanked the City Manager for assisting with the Haiti Relief Fund and arranging for drop-off locations. Mr. Bressner advised items were beginning to be contributed. Vice Mayor Hay recognized the CRA staff for the great concert they organized at the Children's Schoolhouse Museum. He mentioned there was good participation for the MLK banquet at the Marriott and thanked the Commissioners and Mayor who attended. Also, the MLK March commencing at 7 a.m. from Railroad Avenue to the St. John Baptist Church followed by a breakfast and a program was well attended. It was great to have the younger generation appreciate the efforts of Martin Luther King. Vice Mayor Hay looked forward to the Budweiser Clydesdales arrival in Boynton Beach at the Banana Boat between 4 p.m. to 6 p.m. He also announced a special meeting at St. John Missionary Baptist Church for the Haiti relief efforts to be held at 7 p.m. on January 20, 2010 to coordinate efforts to assure supplies and donations get the proper places. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Approve the proposed monuments commemorating "The Vietnam War," "Desert Storm<' Afghanistan War," and "Iraqi War." Thomas Kaiser, Chair of the Veterans Commission, indicated this year four monuments were dedicated with four more to be placed this year. New monuments were being 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 proposed for the Gold Star Mothers and another for MIAs and Prisoners of War. The monuments would include maps showing the important battles and actions. There were plans to conduct tours when all the monuments were in place with veterans from the various conflicts available to offer their experiences. When completed, the City of Boynton Beach would have the only memorial park in the United States with a monument for every conflict of the 20th century. The Vietnam monument would be dedicated on November ih , June 25th the Korean War monument and February 1, 2011 will be Desert Storm and the Four Chaplains monuments. Mr. Kaiser recognized Jim Stuart, sponsoring the Gold Star Mothers' monument and Dottie Moore, with the Coast Guard Auxiliary. All the monuments had sponsors. He did request that bricks commemorating those who served in the wars were still available and urged others to contribute. He thanked the Commission for their support. Motion Vice Mayor Hay moved to approve the three monuments. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor congratulated and thanked the Veterans for their efforts in remembering those who serve in the military. Commissioner Rodriguez challenged the City Commission to buy a brick and assist in sponsoring the monuments and the park. B. Present Tribute to Boynton Beach Community High School Dimensional Harmony Choir. Mayor Taylor introduced the Boynton Beach Community High School Dimensional Harmony Choir and read the Tribute for their outstanding performances and talent. The group had placed first in the Nation at a recent competition held in New York City and would compete again in Chicago. The Choir, under the direction of Sterling Frederick, sang two songs that had been featured during their competition. Vice Mayor Hay commented the group was an asset to the City of Boynton Beach and stressed their accomplishment of being number one in the Nation. He urged more residents to support the group with the Booster Club and attendance at their various shows. Mayor Taylor added they had brought home gold to the City of Boynton Beach. Commissioner Ross commended the Director, Sterling Frederick, and noted he was very gifted with the students. C. Permit presentation of a public service announcement created by staff to promote participation in the 2010 Census. Carisse LeJeune, Assistant to the City Manager, elaborated on the goal of the 2010 Census and its importance to the City over the next ten years. The video that was 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 produced and cast with employees would be posted on the BBTV and the City's Social Media sites including the web page. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Brian Miller, .2515 NE 2nd Court, Acting Chair of the Community Relations Board, introduced . Wesner Sandville of the Bethany Seven Day Adventist Church, a Haitian leader in the community, who offered suggestions on how to help the Haitian community after the disaster. Mr. Sandville had organized an Executive Committee and developed a Haiti relief and long-term sustainability approach. Their goal was to provide Haiti with the tools necessary to become self-sufficient. Money would be raised to help build schools, housing and increase literacy within Haiti. The group would organize the relief efforts for the City of Boynton Beach and establish some accountability. Mayor Taylor advised the City Manager had already contacted the Red Cross and their representatives to ensure any donations would be sent to the greatest areas of need. Information regarding any group helping with disaster relief could be posted on the City web site. Myra Jones, 311 NW 4th Avenue, thanked the Commission and City Manager for providing a beautiful City and allowing the citizens to be creative and have a luncheon on Martin Luther King Day for any and all youth and their families. She thanked Parks and Recreation for providing a safe environment for the event. Ms. Coles-Dobay was commended for working with two local artists to provide art at the Carolyn Sims Center. Ms. Jones thanked Mayor Taylor and his wife for working with her in the community over the years. Ms. Jones urged Commissioner Rodriguez to encourage the participants in the Youth Violence Prevention Program to help and enhance the youth luncheon for next year. She added that Vice Mayor Hay had been instrumental in organizing a homeowners' association for the Ridgewood area. Ms. Jones did sol.icit Commissioner Ross's continued support with the Galaxy school issue. She presented Debby Coles-Dobay with a bouquet of flowers for her hard work at the Carolyn Sims Center. She also thanked the Community Redevelopment Agency for providing funds to purchase multi-cultural books for all schools within the City of Boynton Beach. Pastor John Hawkins, 1275 Gateway Blvd., introduced himself to the Commission and advised he had started a new church in Quantum Park. The Church was hoping to be effective in serving the community by identifying the needs of the citizens. 4 Meeting Minutes Regular City Commission Boynton Beach. FL January 19, 2010 Carl McKoy, 69 Citrus Park Lane, commended staff on the Census presentation and remarked it was important for funding purposes in the future. The March 9th election was also an important event and he hoped the City would be proactive in promoting the election to ensure a better voter response. City Clerk Prainito advised the upcoming election would be advertised after the close of the qualifying period and other ads regarding the voting precincts and L&Atesting. Vice Mayor Hay added it was the responsibility of all citizens to spread the word through churches and. other organizations to promote the election. Mr. McKoy suggested some type of promotion on BBTV might be beneficial. Mayor Taylor offered the website may be an option as well as the marquee on the corner. Commissioner Ross suggested a multi-media approach. Nick Skzrecki, 8003 Red Reef Lane and Andrew Davis from the Nautica development, spoke about the streets in their neighborhood. A letter from the City had indicated two more months was needed to review the situation. He felt the matter was being ignored. There is damage to the streets with a substantial stain throughout the development. Mr. Davis thanked Commissioner Ross and Mr. Livergood for coming to the homeowners' association meeting. Commissioner Rodriguez asked the City Manager for an update on the situation. Mr. Bressner reported there are specific reasons for allowing the materials to oxidize until May. Warren Timm, 130 NE 26th Avenue, explored the concept of representative democracy and contended a referendum on the police facility would be appropriate. , - Don Scantlan, 13 Cedar Circle, thanked Commissioner Weiland for his appointment to the Veterans Advisory Commission. He invited the Commission to the Palm Beach County Workforce Leadership Forum commencing on January 27,2010. The first topic of discussion would be on workplace ethics. Joseph Snyder, Principal of Galaxy Elementary, expressed appreciation for the many programs and services the City offers to the school and its students. He sought the continued support of the City with the ongoing discussions of modernization of the school and possibly closing the facility. The last meeting resulted in a possible redesign of the building to accommodate fewer children. Mr. Bressner noted the proposed land swap was part of the City's effort to assist in retaining the school within the City. Victor Norfus, 261 N. Palm Drive, thanked the Commission for participating with the Martin Luther King banquet, festivities and the breakfast. He reported students from Galaxy and Poinciana schools entertained during the breakfast. He urged everyone to support the Haitian relief efforts. Herb Suss, 1711 Woodfern Drive, questioned if there was an issue with drywall in Renaissance Commons. Mayor Taylor reported the insurance' company was taking total responsibility for the problem. Mr. Suss expressed his opinion that global warming 5 Meeting Minutes Regular City Commission Boynton Beach, FL January 19,2010 was happening and he hoped the Commission would continue to support the green effort. It is a serious problem that can be corrected. Mayor Taylor repeated comments that he had made referencing global warming as being cyclical and nature's way. John McGovern, 2620 Spiceberry Lane, commended the City for up-to-the-date and historical candidate information available to the public. He urged citizens to visit the website to view history and current events. Mr. McGovern noted the agenda was becoming more accessible to the public. He suggested the guide should include the phrase, "open the PDF in a new window". The file is very large. The subsections are a very good solution. Victoria Castello, 406 Seacrest Blvd, agreed there was progress with the agenda and commended staff for dealing with the large amount of information in the agenda. Mayor Taylor noted it was the Commission's responsibility to review all the information. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Judy Immer, a Regular Member of the Community Relations Board. Motion Commissioner Rodriguez moved to accept. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Weiland appointed Beverly Agee as a regular member of the Building Board of Adjustments and Appeal. Vice Mayor Hay seconded the appointment. The motion passed unanimously. Motion Vice Mayor Hay appointed Morris Boruck as a regular member of the Veterans Commission. Commissioner Ross seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Motion Commissioner Rodriguez moved to table all remaining appointments. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Award the "TWO - YEAR BID FOR DUMPSTER REPAIRS", Bid #013-2510- 10/JA, to Lamons Welding and Design, LLC., of Boynton Beach, Florida for a two year period with an estimated annual expenditure of $70,000.00. B. Approve the elimination of a Supervisor, Transportation Services position and the reclassification of a Bus Driver to a Crew Leader, Sr. in Recreation and Parks for a savings of approximately $31 K annually. C. Approve the third reduction of a performance bond in the amount of $1,472,456.53 for the improvements to Old Boynton Road by Boynton Town Center and Boynton Village from $2,798,089.65 to $1,325,633.12. D. PROPOSED RESOLUTION NO. R10-010 -- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. E. PROPOSED RESOLUTION NO. R10-011 -- Approve Task Order # U-04-18-3 with Stanley Consultants for the Security Systems Improvements at the Water Treatment Plants in the amount not to exceed $50,718. F. Accept the written report for purchases over $10,000 for the months of November and December 2009. Motion Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 None 7 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Conduct Impasse Hearing and resolve open issues to settle SEIU - Blue Collar Collective Bargaining Agreement. Attorney Cherof explained the procedure that SEIU would make the first presentation and then the City Manager's bargaining team would offer its response. There would then be public discussion and comment. The Commission would then deliberate and decide the four impasse issues. Carl Booth, Chief Negotiator for SEIU/FPSU, reviewed the impact of the current economic crisis and that it was not specific to the City of Boynton Beach. Response to the crisis must include cooperation of affected workers to ensure respect for basic principles of fairness and limit expenditures with a minimum of service interruptions. The City's idea of reducing revenues was to protect and reward a privileged minority of employees while forcing cuts on the majority. Money was found to retain generous executive compensation packages and raises for police and fire, but financial hardship was claimed in the negotiations for general employees. Mr. Booth contended the City's position was unwise and unfair. The service provided by general employees is just as vital and necessary as public safety and top level administration. Many classes of the employees generate revenue for the City. General employees were being asked to make a substantial investment in the City, but the City would be making no investment in the employees. A wage freeze creates a substantial loss to the employee that extends over a long period of time. Mr. Booth stressed monies were found to restore a deferred compensation plan for executive employees and raises for police and fire while no monies were available for the general employees. Mo~ies should be fairly distributed to all employees. A City without water and sanitation services is as much at-risk as it would be without police and fire services. Mr. Booth pointed out the adopted budget includes a small portion of the oversized fund balance of $23 million while only 10% or approximately one-third of the amount is required for the emergency reserve fund balance. Several million dollars remain in an undesignated Solid Waste Fund balance as a result of the productivity of general employees in that department. It was indicated that $2.1 million was saved as a result of a soft hiring freeze over the last year, but the monies were ignored in this year's budget. He contended some of the expenditures in the budget could be delayed to free 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 up more funds for employee wages. There have been significant concessions by the Union beyond the issues at impasse. The Union would work with the City to continue to reduce expenditures. The Union would agree to a wage freeze for the year with a 5% increase at the end of the fiscal year. the 5% isa negotiable issue. The City should continue to pay the full cost for employee health insurance and keep current time-and-a-half pay for holidays with no reduction to straight time. Also the Union's position was the City should pay employees for their full day on paid holidays, not just eight hours and agree to reduce 9 weeks of severance pay to two weeks, but not eliminate it all together. Mike Osborn, Union Steward, spoke about the concessions that had been made by the Union during the negotiations. First, task employees are not allowed to use emergency vacation during holidays. Second, there would be no 5% increase in pay for training in a higher job classification and no certification bonuses. The bonus days for not using sick time would reduce from four to three. Those employees working ten-hour days would only receive 24 hours compassionate leave while eight-hour employees receive a full three days. The boot allowance would be discontinued and a shoe truck would be utilized for safety boots. Tool replacement for fleet mechanics was cut $450 a year. A uniform sweatshirt would be eliminated each year. The Union had proposed that the employees be permitted to wear their own jackets and hats and the City would not have to fund jackets, hats and sweatshirts. The City insisted the provision remain. The employees gave up their longevity bonuses and a printed copy of the contract. The City has allowed taking a one-hour lunch rather than a half-hour lunch and to use emergency vacation on~the-spot four times a year, rather than calling in with the 24 hour maximum. Mr. Osborn recalled previous concessions had been made with the indication that other employees would be making the same concession, but only blue collar workers were affected. The employees wanted to be paid for the holidays as done in the past at time-and-a- half. Supervisors have been allowed to take the holidays off requiring a blue collar worker to stay an additional eight hours on the holidays. Mr. Osborn indicated the employees who work ten-hour days should be paid ten-hours holiday pay and avoid having to use two hours vacation. The Union asks to keep two weeks of severance pay. The current contract provides nine weeks pay and the City proposes no severance pay, while some management employees receive three months severance pay. He reminded the Commission that 60% of the employees live within the City and any loss of jobs can have an economic impact for the entire City. The Union proposed the City continue to pay 100% of the insurance cost. Employees are aware of the rising health insurance cost because the co-pays and deductibles have doubled over the last few years. Only one insurance plan is currently being offered that should have benefitted the City and reduced cost while the employees pay more for deductibles and co-pays and family coverage increased. Mr. Osborn submitted that the 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 statistics also reveal that when employees share in the cost of the medical coverage the municipalities pay a share of the family coverage. Another issue was to make the changes retroactive to October 1,2009. The City waited until the end of July to set dates to begin negotiations while the Union had been requesting meetings in April. The City started with 23 changes out of 54 articles. Only one of the proposals benefitted the employees with a one-hour lunch as opposed to a half-hour. The Union brought seven proposed changes and three would have saved the City money. The. blue collar workers were the first to address the issue of Automatic Vehicle Locating system (AVL) at a cost of $12,000 a year to monitor the program. Returning to the old log system was suggested but it was declined. Another issue was an employee charged with a felony being out of work without pay pending disposition of the case. One of the blue collar workers had been without pay for two years and had lost his home. He opined that more was being taken from the blue collar workers than any other workers. Mr. Osborn hoped the Commission would consider the impact on the workers. Mayor Taylor established the felony charge spoken of was dog fighting. Commissioner Rodriguez developed the fact no employees had been laid off over the past three years. Mr. Booth responded with the economic crisis layoffs could be done in the future. Attorney Cherof, on behalf of the City Manager's bargaining team, named the members of the negotiating team. An overview of the responsibility of the Commission at the impasse hearing and the City's proposal was given. It involved maintaining the wages at the current levels for the duration of the collective bargaining agreement expiring on September 30, 2010. The Union proposes the same package that was agreed upon with police and fire. He noted the police and fire had ongoing agreements that entitled them to base wage increases. They agreed to defer those increases. The impact of allowing the wage 'increase at the end of the contract would cost approximately $409,000. Sharyn Goebelt reviewed comparisons with surrounding cities and municipalities. Most positions are competitively paid, mostly in the top third. Those at the bottom of the pay scale 'could be attributed to a new hire and some are lower level, entry level positions with no skills required. Internal employees are considered first for arr promotions. Ms. Goebelt reviewed the statistical data that established the City paid competitively. Commissioner Rodriguez noted that out of 25 salaries, Boynton Beach ranked first, or second on 11 posffions. Ms. Goebelt indicated the gross wages of the blue collar workers range from $24,000 to $78,500. Several are paid more than the supervisors and professional staff. Attorney Cherof pointed out the salary comparisons with other cities revealed other municipalities are either at impasse or agreeing to freeze wages. The City's recommendation was to keep the pay levels and not allow an increase on September 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 30th. The process of increases can be negotiated at the next round of negotiations. The City's proposal on the holiday pay was if the employee is scheduled to work on a holiday they will receive, in addition to pay for.hours worked, an additional eight hours of pay at straight time. If the holiday falls when an employee is off it will be considered a floating holiday and eight hours would be added to their vacation bank. It would not reduce the number of paid holidays, rather adjusts the pay for those holidays. The cost of holiday pay for those who work 10 hours a day is $14,900 with an annual cost of $164,000. By shifting to eight hours pay it will save approximately $32,818. A key component of the seniority layoff and recall issue would be layoffs would be made within departments only. The impact of bumping throughout the City, cross- departmental, is extremely disruptive to operations. The proposal would eliminate the potential for disruption of services. The proposal does eliminate severance pay and Attorney Cherof stressed that general employees not within a bargaining unit do not receive any severance pay. The City's proposal on insurance is the same as the white collar proposals. At some point the Commission has to ask the employees to share part of the premium cost of insurance as in the trend of the public sector. It was rejected by the Commission during the white collar impasse. On the issue of the duration of the agreement, the status quo should be maintained and the monetary benefits should be established retroactively to October 1, 2009. The employees who have received monetary benefits may have to pay back the monies. In terms of parity all employees should be treated the same so any payments should be reimbursed through payroll deduction and over time to lessen the impact. With regard to the executive employee deferred compensation, those employees are under contract with an appointment agreement with the City Manager from which a portion is deferred to a retirement account. The department heads are allowed to establish a retirement base through their retirement account like all other employees. Ms. Goebelt stressed the medical coverage remained identical. An insurance committee reviews the plans and the City did go out to bid for a 10.9% increase instead of the initial 23% increase anticipated. The article relating to uniforms has not changed other than giving another hat and taking one sweatshirt negotiated at the table. She noted only one employee had received certification pay and there were no employees in the acting-in-higher-capacity-trainee status. Mayor Taylor questioned the total cost to be remitted if the terms were retroactive. Ms. Goebelt reported eight employees had received longevity pay of $11,500, one employee received certification pay. Holiday pay would be $20,000 and straight time $17,000. 11 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Mayor Taylor opened the issue for public comment. Brian Edwards, 629 NE 9th Avenue, remarked the City spoke about reports while the Union spoke about fairness and a concession will need to be made. There are revenue generating opportunities that could pay for the concessions that are being asked. Fairness should be criteria for all employees. Gregg Russell, 4475 Marine Cove Circle, paid $330 a pay for family coverage deducted from a pay base of $13.87 an hour. Personally, another $130 to ,$150 a pay wO,uld. become a family crisis and an emotional setback. Ron McCreif, 211 NE 9th Street, worked for the City for 20 years and had just received his longevity pay. Longevity pay had been left out of the contract one year and he did not receive his 15 year bonus. The benefits are shrinking with the holiday pay and severance pay. The guys are working hard day-to-day in all kinds of weather and some have two jobs to support themselves. Herb Suss, 1711 Woodfern Drive, urged the Commission that the blue collar workers are just as vital to the City as the police and fire. They are extremely loyal, provide essential services and deserve fairness. Victor Norfus, 261 N. Palm Drive, supported time-and-a-half pay for those who work on holidays. The differential between the eight and ten-hour days with the holidays should be adjusted. He also suggested the City adopt a color scheme for the employees and eliminate the uniform allowances. Craig Watson, 228 Crossing Circle, cautioned the decision made by the Commission would affect everyone in the United States. Nick Skzrecki, 8003 Red Reef Lane, understood the economic crisis and everyone should be paid for working hard and producing. There would be more foreclosures next year. He did not feel someone arrested for a felony sexual assault or dog fighting should be working in public parks or anywhere with children. Employees should be held responsible. for their actions. His wife was a County worker who did not receive a raise and had to pay more for benefits. The times require that the losses be absorbed by all. Bill Curtain, 8010 Stirrup Cay Court, indicated his family had to cut water, cable and electricity to make ends meet. People should not take for granted that they are employed, because many people would be happy with any job. The taxpayers also deserved fairness and any savings should be pursued for the benefit of both the employees and the City. Don Scantlan, 13 Cedar Circle, disagreed that pay comparisons were that determinate because the City may have higher quality employees and more productive employees. 12 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 On the fairness issue, 25% of medical costs was a pay cut and the CPI was flat and any amount assessed should be offset with a pay increase. It is a cost controller for employees to pay a share of their medical coverage. No one else coming forward, Mayor Taylor closed the public comment. Commissioner Ross did not agree with the assertion that pay levels rank first or second. Ms. Goebelt clarified as a general rule the pay levels are in the top one-third. The workers are fairly paid based on the surveys. Vice Mayor Hay commended both sides for being able to maintain the jobs. He could not support increases at this time that would be passed on to the taxpayer. Vice Mayor Hay asserted the ten-hour days were imposed on the employees by the Commission and they should not be required to use their vacation time to maintain a forty-hour pay check. He did support the pay freeze and would support 100% paid for the insurance. Ms. Goebelt contended all employees should be paid for 88 holiday hours whether they work eight or ten hours a day. If the employees who work ten-hour days are paid ten hours holiday pay, they would be getting 120 holiday hours per year as opposed to those working eight-hour days receiving 88 holiday hours per year. Commissioner Rodriguez agreed with Vice Mayor Hay and added he did not feel money should be taken back from employees. He did support the insurance being paid at 100% and holding the line on wages. He admonished the survival of the City is dependent on the Commission holding the line on the budget. It would be five years before things get better and the City had to be able to survive. " Mr. Bressner pointed out the Commission had budgeted the funds for the City to continue at the 100% level. Commissioner Rodriguez was also in favor of a two-week severance pay. Mayor Taylor reiterated the Commission had opted to keep everyones' job. He agreed there should be two week severance upon layoff. the insurance be kept at 100%, no retroactive date for benefits paid this year, no increase in wages and that any layoffs not result in inter-department bumping. He also thought all employees should receive eight hours holiday pay. Motion Commissioner Rodriguez moved to take the City's position on the wages. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Motion Commissioner Weiland moved to accept the City's changes. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof advised the seniority layoff had sub-provisions. The employee would lose seniority if they have unexcused absences for 24 hours or more of work hours. Ms. Goebelt clarified to avoid confusion between the ten-hour and eight-hour day all references to days were converted to hours. Mr. Osborn commented the Union had accepted the City's language. The only issue was to have the two-week severance included in the City's proposal. Motion Vice Mayor Hay moved to accept the City's proposal with the exception the two-week severance proposal of the Union would be accepted. Commissioner Ross seconded the motion. Motion Commissioner Rodriguez moved to reject the City's proposal on the medical coverage. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to reject the City's proposal for payback. Vice Mayor Hay seconded the motion. The motion passed unanimously. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. B. PROPOSED ORDINANCE 10-001 - SECOND READING - Casa Del Mar Yacht Club (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multi-family use to IPUD with a master plan for a marina use. C. Casa del Mar Yacht Club, (COUS 09-004) I(NWSP 09-004), Conditional Use and New Site Plan, located at 2632 North Federal Highway, east side of Federal Highway, north of Dimick Road. Request approval for MarinaNacht Club including a 320-unit boat storage building; a 4,450+ square foot boat sales showroom; and a 9,986-square foot mixed-use building with club facilities, retail 14 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL store, and ancillary offices within a master planned IPUD on a 4.11 acre parcel. Applicant: Sidney Atzmon, Managing member of Lancore Nursery, LLC. D. Casa del Mar Yacht Club, (ZNCV 09-005) , Zoning Code Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of, Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., "Maximum Height allowed - 45 feet", to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. Applicant: Lancore Nursery, LLC E. Casa del Mar Yacht Club, (ZNCV 09-006), Zoning Code Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p), "Additional Design Regulations", requiring the height of 50% of required trees be a minimum of two-thirds the height of the building, to allow the required trees to be planted at one-third the height of the building, at a boat storage structure within a proposed yacht club/marina, located at 2632 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lancore Nursery, LLC Attorney Cherof read Proposed Ordinance 10-001 by title only on second reading. There was consensus to hear Items B, C, D and E together and then vote on the issues individually. Attorney Cherof announced the other three items to be considered. An oath was administered to all those intending to testify. Bonnie Miskel, on behalf of the applicant, advised they preferred the consolidation. Kathleen Zeitler, City Planner, reviewed the master site plan for a marina yacht club with 320 dry slips and 35 wet slips for a total of 75,000 square feet of building area onsite. She reviewed the various buildings proposed and parking allocations and located the various structures on the site. Many steps had been taken to protect the adjacent residential neighborhoods through height and setback requirements, increased landscaping and design and operational requirements for a marina use in an IPUD zoning district. There would be restricted access from Dimick Road, limited accessory uses and outdoor activities, no live-aboard boatels or public access to the boat ramp were pro'posed. Noise levels were addressed to be comparable to a car without backup beeping. Therewould be no outdoor loudspeakers or music and conservation for water recycling was proposed. The building openings are oriented to the interior of the site and the buildings were designed with additional regulations for compatibility with adjacent residential land uses. The decorative features and colors would reduce mass to have a more residential look. Staff recommended the utilities be located underground along the north side of Dimick Road. The boat storage facility did not 15 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 meet IPUD setback requirements. The applicant had requested relief based on additional planting and buffering in excess of Code requirements. Staff recommended the plantings be revised to establish more dense plantings with a more tiered effect along the perimeter buffers. The project would benefit the City and provide economic growth to the tax base. It would also increase the City's water-based industry. The height is out-of-scale with the neighborhood and it is anticipated benefits may not outweigh its potential negative impact on the neighborhoods. Staff could not support the height variance of 22 feet and recommended a condition of approval that the applicant reduce the height to comply with the maximum height allowed in an IPUD district or obtain variance relief. Staff recommended approval of the project contingent on rezoning of the property and subject to satisfying the Conditions of Approval. The Planning and Development Board also recommended approval. Condition of Approval 33 could be deleted based on confirmation from PalmTran that no business stops or upgrades would be required in the area. It was recommended that 18 months be given for completion of the project. Ms. Miskel reviewed that the State recognized the waterfront is a very important resource, vital to the tourist industry and county, state and local budgets. It was also an important issue for environmentalists and related manatee deaths. The plan development was the Manatee Protection Plan that was adopted by Palm Beach County that limited the number of docks and marinas across the State of Florida. A map was developed of the various areas and Boynton has two siting areas within the entire waterfront. . The green area is the preferred site and is right across from the Inlet. Ken Carlson, Architect for the project, identified and described the proposed buildings including the buffering and parking displayed in a PowerPoint presentation. Ms. Miskel continued by reviewing the requests of the applicant in addition to the rezoning. In conjunction with the height exception, she described the surrounding uses and properties. The nearest point of the buildings to adjacent property owners was over 1 00 feet. On the north the division would include a six foot concrete wall, extensive vegetation, a driveway and a large open green area. The nearest building on the south was 150 feet. There was only one residential building that faces the proposed site and the remaining buildings would have no visibility of the proposed project. There are a couple residential lots that are undeveloped. There is a 30 foot right-of-way, Lake Drive, with more than 15 feet on each side of the Drive. There is more than 65 feet between the proposed building and the residential building to the east. The requested height extension is low by industry standards. Boats now have radar and other improvements that require more clearance to store. To accommodate the bigger boats marinas are providing four levels with the bottom two for the taller boats and smaller boats in the upper two levels. Reducing the storage facility to 45 feet would eliminate two tiers of boats. Due to size there would be fewer boats on the lower levels 16 Meeting Minutes Regular City Commission Boynton Beach, FL January 19,2010 , and the reduction to 45 feet would create an overall storage reduction of more than 50% of the total number of boats to be stored at the requested height. The use is unique and based on the function of the operation as a parking lot for boats. One of the conditions that the Planning and Development Board felt was important was the vegetation along the perimeter. The owners on Dimick Road are more likely to have their vision obstructed with landscaping the closer they are to the property. The applicant had agreed to put the power lines underground to be able to plant taller trees along the perimeter and plant more dense vegetation to screen the buildings. Ms. Miskel summarized the applicant was requesting a couple variances and relief from one of the IPUD regulations. They requested one building to have a height of 66 feet 1 inch. All other buildings are under the 45 foot maximum. The criteria has been met because it is a unique building structure and use that is not unique to the rest of the City. The green area as designated in the Manatee Protection Plan is the only place within the City to locate the use. If the height exception is denied the Commission would be precluding the applicant from building the use. Other municipalities have recognized the marina buildings need to be taller and a rectangular use. The other variance relates to the height of the trees required in the foundation planting. With the additional height the foundation trees would need to be 45 feet and may be impossible to find. To mitigate the smaller trees, the applicant would plant taller trees around the perimeter. Lastly, the setback requirement for one of the buildings is required to be larger based on the size of a perimeter building and the applicant is requesting the setback remain at the 30-foot requirement. The privacy issue would be mitigated by the fact there are no windows in the building. There is also agreement to put trees on the neighbor's property to the south to minimize any of the negative visual impacts. The newest equipment is being installed. The setbacks exceed anything in the community. The site is further limited by where the Department of Environmental Protection would allow boat activity. The position of the buildings was fixed by the availability of having an opening on the water. The opening cannot be moved in either direction and precludes any repositioning of the buildings on the site. Mr. Breese noted the architect had done an excellent job in designing the building. The two variances requested deal with the landscaping and height of the one building. Staff agreed with the landscaping variance if the building variance is granted. In regard to the height, staff viewed the need for the height as being based on the economics of the project which is not considered in a variance application and staff review. The project could be built without the top two tiers of boat storage, but the economics of the project prohibit less storage space. No variance has been granted to the height of ar IPUD project to meet compatibility with adjacent properties. If the variance is granted it would give special privileges to the applicant. Staff does not believe the lower height would 17 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 deprive the applicant the right to develop the property. The height extension would tower over the properties to the south and east and would not meet the compatibility requirements. Staff recommended denial of the height variance and granting of the landscape variance. Commissioner Weiland contended with the clos.est residence over 100 feet from the building the additional height still would not be towering over the neighbor. Vice Mayor Hay remarked the vacant lots could be developed with single- family homes. Mayor Taylor opened the issue for public hearing. Brian Edwards, 629 NE 9th Avenue, commented the one building is huge. He urged the Commission to listen to staff and the citizens. The decision was made to not exceed 45 feet when the IPUD was created and the proposed variance should not be granted. It should never have gotten to the Commission and does not support the plan for the Federal Highway Corridor. Commissioner Weiland mentioned the downtown corridor was changed from the original 45 feet to 165 feet and he had voted against the change. Mike McCleary, 2600 Lake Drive, a resident in the neighborhood, pointed out the area is single-family, old Florida homes. He noted the condo project currently in foreclosure would never get developed if it is sandwiched between two boat storage facilities. He also indicated Gateway Marina is not fully occupied, even with new docks and improvements. The area is not an inlet, rather a spillway and n9t navigable for small boats. Sea grass planted to improve the water quality would be destroyed with more boat traffic into the inlet. The applicants want the building taller to make more money. He supported maintaining the 45-foot limit. The entire area is eco-sensitive and studies should be done on the impact of the project to the eco system. Nancy Chandler, 914 NE ih Street, commented it was a beautiful project, but the height is a problem. IPUDs have fewer restrictions to encourage development within the City. The 45 feet is a concession in residential neighborhoods. She was concerned with the precedent being set since the variance was not based on a hardship it could not be restricted to the one project. Tony Mauro, a resident of the area, agreed it was a dilemma. The area suffers with no identity and the neighborhood is deteriorating and has safety issues. The structure is big. It is a sign of life and development that will raise property values and be a model project for the City of Boynton Beach. It has been designated a marina district. The vegetation will greatly enhance the entire area and the structures would not be eyesores. The underground utility lines would be a huge improvement to the neighborhood. He agreed with the project because it would give identity to the area, promote business and raise the value of the entire neighborhood. 18 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Michael Weiner, representing Bob Buchenberge, a property owner at the end of Dimick Road and Lake Drive, supported the rezoning and the site plan. Most of the properties are long and narrow and redevelopment is difficult. They applauded the Commission and staff for looking at creative ways to redevelop the area and spark some activity in the area. Otto Spielbichler, 621 Shore Drive, had issues with the buildings. He asked that consideration be given to the fact it is an environmentally sensitive area and part of the reason manatees are present. The boats at Gateway Marina are small because the water is shallow and larger boats cannot get under the fixed-span bridge during high tide. The larger boats may have to go north or south to the other inlets to access the ocean. Victor Norfus, 261 N. Palm Drive, supported keeping the current height limitations and making space for additional boats over the parking lot area, and accommodating the number of boats to make it economically feasible. Harry Woodworth, 685 NE 15th Place, did not hear any justification for the variance. . He suggested eliminating one of the two bottom levels with fewer boat slips. The variance is an economic issue. Granting the variance will set a precedent that will continue down the waterway and get taller and taller. He urged the Commission to not allow the variance and eliminate the fear of future development for residential owners in the area. Herb Suss, 1711 Woodfern Drive, expressed concern with the sand bar and sea grass creating a hazard. He asked the Commission to listen to the people and not allow the height variance. Ms. Miskel defended staff for requiring the developer to talk to the neighbors. The staff has consistently been concerned about the neighbors. She stressed the City created the site in their Comprehensive Plan and it can only be done in the green zone. The site is the largest undeveloped site in the green zone. The Plan encourages water uses and it is an important element to the City. It has been limited to the few who can afford waterfront property. The proposed project would give access to many more to the water. The users of the facility will bring in a great deal of disposable income to spend within the City of Boynton Beach. The proposed project could be assessed six times the current taxable base and will employ 30 to 35 workers. The function of the building required 320 dry slips. The applicant requests granting the variances and rezoning. She also thanked the community for their input and working with the developer on the project. Commissioner 'Ross agreed it is a dilemma. The residents are concerned and there are environmental issues to be addressed. It would be a nice addition to the CRA district. Mayor Taylor noted an environmental study had been done and there was not a sea 19 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 grass, issue at the site. A study done on the Inlet revealed that Manalapan and Ocean Ridge did not want the Inlet widened. The proposal accommodated upscale large boats that would not have a problem navigating the Inlet like smaller boats. The really large boats can afford to go north and south for access to the ocean. It will be very upscale. Mayor Taylor offered the suggestion that the height exception could be limited to the green zone and added to the ordinance to avoid setting any type of precedent for future development. Property values will increase in the neighborhood. He supported the project and felt it would enhance the City and the area. Commissioner Rodriguez disclosed he had met with Ms. Miskel and the developer to discuss the project. It will increase the tax base and create jobs. However, it is a residential neighborhood that was engaged in creating the plan that should be protected. He could not vote against the citizens who create the IPUD. Vice Mayor Hay did not want to change from 45 feet to 67 feet. He would agree with the Mayor's suggestion that the language include the height could only be increased in a green zone. Increasing the tax base and creating jobs is good for the City. Mayor Taylor recalled all the citizens were not against the project. Some of the residents supported the project. Motion Vice Mayor Hay moved to approve the rezone, Item B. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Ms. Miskel requested Condition of Approval 15 be rejected to not require an additional setback of twelve feet. Also Conditions of Approval 17 and 23 are subject to the variance. Motion " . Commissioner Ross moved to approve the request of Marina' Yac'hlClub including a 320 unit boat storage building, 4450 square foot boat showroom and 9,986 square foot mixed used building with club facilities, retail store and ancillary offices with an IPUD including the variance on the setback for building four. Vice Mayor Hay seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissenting) Motion 20 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Vice Mayor Hay moved to approve 9.D as stated with the inclusion that it only be done in the green zone. Commissioner Weiland seconded the motion. The motion passed 4- 1. (Commissioner Rodriguez dissenting) The n'ext motion pertained to 'the variance for planting foundation trees less than two- thirds of the building height and increasing the perimeter plantings. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor called a recess at 10:59 p.m. Mayor Taylor reconvened the meeting at 11:08 p.m. F. PROPOSED ORDINANCE NO. 10-003 -- FIRST READING - Hemingway Square Medical Office (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) PROPOSED ORDINANCE NO.1 0-004 -- FIRST READING - Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. Attorney Cherof read Proposed Ordinance No. 10-003 by title only on first reading. Hanna Matras, Senior Planner, advised the site plan had expired in 2007, a victim of the real estate collapse. The applicant has resubmitted plans for a medical use office and would require a change from Special High Density Residential to Local Retail Commercial. Staff supported the request as consistent with the Code provisions that stipulates if no action is taken within 18 months of the zoning the Commission may take action to revert back to the original zoning. Staff reviewed the request and concluded it is consistent with the Land Use Regulations and goals and objectives of the Comprehensiv~ Plan. There would be no additional impact on the infrastructure and the project will'c9hfribute to the overall economic diversification and growth in the City. Staff recommends approval. G. Hemingway Square Medical Office, (NWSP 08-003), New Site Plan. located at 2319 South Federal Highway, northwest corner of SE 23rd Avenue and South Federal Highway. Approve new site plan for a two-story, 18,000 square foot medical I professional office building on a 1.24 acre parcel in a proposed C-3 zoning district. Applicant: Robert Vitale, Realty Acquisitions & Trust; Inc. 21 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Ms. Zeitler reported the new site plan was for a two-story medical and business office space frolitiFlgon Federal Highway with parking in the rear. There is a covered drop-off area with adequate parking. There will be a monument sign with no wall signage. Staff recommended approval subject to approval of the Land Use and Rezoning and satisfying 14 Conditions of Approval. The Planning and Development Board also recommended approval. Jose Fernandez, Architect, noted the applicant was complying with the landscape and setback and height requirements. It is consistent with the Comprehensive Plan. He did agree with the Conditions of Approval and assured the Commission the owner would proceed with permit documents for the project. Commissioner Rodriguez asked for the owner's intent to proceed and Mr. Fernandez confirmed the owner was moving forward with the project as soon as possible. The property has been re-fenced and maintained. Mayor Taylor added it would improve the area. Motion Commissioner Rodriguez moved to approve Proposed Ordinance No. 10-003. Commissioner Ross seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance 10-004 by title only on first reading. Motion Commissioner Rodriguez moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner Ross moved to approve the new site plan. Vice Mayor Hay seconded the motion. The motion" passed unanimously. 22 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 H. Land Development Regulations - Rewrite Group 7 (CDRV 07-004), Code Review, pursuant to the LDR Rewrite Work Schedule, including amendments to Chapter 2, Article II (Planning and Zoning Division Services) to add Lot-Line Modification provisions; Chapter 2, Article III (Engineering Division Services); Chapter 2, Article IV (Building Division Services); Chapter 2, Article V (Business Tax Services); and Chapter 2, Article VI (Impact and Selected Fees). Applic;aryt: City-initiated Eric Johnson,' Planner, highlighted Group 7 of an 8 week deliverable. It would complete Group 7 and deal with the land development process in the City. A lot line modification process had been created for properties not being platted or re-platted to assure compliance with the zoning codes. It also changed the land development permit process based on direction of the Building Division. The Building Division would have a building permit process and a sign permit process for work such as electrical permits, building permits, and plumbing permits. The processes for temporary and seasonal sales events were modified. There was also a menu for developers to know what fees can be anticipated with the land development process. Staff requested approval including the amendments made at the Planning and Development Board meeting. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT (There was consensus to hear Item B first.) A. PROPOSED RESOLUTION NO. R10-012 -- Approve Second Addendum to Agreement for Vehicle Towing Rotation Program. Commissioner Weiland moved to follow the guidelines approved on December 19, 2009. Attorney Cherof advised the Commission's previous direction had been incorporated into the Resolution. Motion Commissioner Weiland moved to approve. Mayor Taylor declared the motion died for lack of a second. 23 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Motion Commissioner Rodriguez moved to hear public audience first. Commissioner Ross agreed since the audience had been waiting a long time. Vice Mayor Hay seconded the motion. Mayor Taylor opened the issue for public audience. Craig Goldstein, owner of Westway Towing in Fort Lauderdale, had 55 trucks and serviced 14 cities for the last 20 years. Annually, $450,000 was spent on franchise fees to different cities. Two years ago he had proposed a way for the City to generate monies. Mr. Goldstein contended the existing rotation contract would continue to cost the City money instead of accepting $500,000 over a five year term with franchise fees. Heavy-duty tows and storage would continue to be an expense of approximately $50,000 annually saving $250,000 over five years for a total of $750,000. He urged the Commission to think about the value of the contract. He estimated at least 10 other companies would like to bid on the City contract. Mr. Goldstein wanted the Commission to go through the bid process and allow the tow companies to propose the potential savings. He also proposed if the Commission stays with the original agreement without the franchise fee, that two other vendors be allowed on the rotation list. Commissioner Weiland advised there are 37 municipalities in Palm Beach County and only four are paid franchise fees. Greg Margoff, City Towing, Incorporated, Boynton Beach, was on the Sheriff Department's rotation list. He agreed with the rotation list, but noted two of the companies on the list were recently sold and the opportunity should be given to add two more vendors. As an existing tow company for many years, he wanted the opportunity to be added. He had a County and City of Boynton Beach business tax receipt. Warren Kelly, Priority Towing, had been in the business for 20 years and did not agree with a fra'nchise tax. He contended it was a hidden tax that would pass to the public who Ultirpatetv payfhe to"Xing bills. A franchise fee would create a monopoly. Mr. Kelly supported a loW bid contract to pass the savings to the public. Fairness would be to allow other vendors into the rotation and result in fairness to the public. If $100,000 would be paid for a franchise fee, the price could be negotiated much lower and still tow the City vehicles free or discounted rates. Brian Edwards, 629 N.E. 9th Avenue, supported accepting the franchise fee. It was a confusing issue, but appeared to be an opportunity to collect revenue. He suggested staff should attempt to educate the public's understanding of the issue. 24 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Edward Coh~n, owner of Charley's Tow Trucks, was present. They supported the rotation system and requested the opportunity to be included in the rotation. The company was a minority""owned family business and had two locations within the City of Boynton Beach. The principals have 20 years of experience in towing and are on the rotations for other municipalities and the County. He was the exclusive AAA vendor for the Boca Haton/Delray area. He urged the Commission to keep the rotation system in place and expand the rotation list. Raymond Smith, owner of Gardens Towing, lived in Boynton Beach and had done business in the City for over five years. He recommended continuing the rotation program and giving the opportunity to add vendors to the list. A franchise fee would take business from six or potentially more businesses that have been serving the needs of the citizens. Buck Buchanan, 807 Ocean Inlet Drive, contended the Resolution took $250,000 of taxpayer money and threw it away. He proposed a value be set for the contract and divided among the number of vendors on the rotation list. He felt it was not any different than a vendor getting a license to sell hot dogs at an event. Commissioner Weiland suggested it was extortion by taxation. Mr. Buchanan opined the current system subsidized six companies approximately $20,000 a year. Ms. LaVerriere explained in 2005 the original RFP had eight respondents. One did not respond timely and was eliminated. The award was made to the other seven respondents. There was no intent to have eight. Commissioner Rodriguez noted he was previously against the franchise fee and supported the viability of small businesses. He was now concerned with funding the City with $30M for a police facility in a shopping center. Commissioner Rodriguez now supported a franchise fee whether it was from one or several vendors. Vice Mayor Hay was in favor of some type of franchise fee. He thought staff should review the information and submit a proposal with a franchise fee for the vendors on the rotation list and he favored adding two more. Commissioner Rodriguez requested staff also recommend the number of vendors to be utilized. Ms. LaVerriere advised ideally it is six, but no more than eight. Ten would be too difficult to manage. Commissioner Ross recalled she had continually been advocating for a franchise fee. She was concerned with the small businesses and admitted it was hard to reconcile the two scenarios. The City did need to generate revenues. Ms. LaVerriere mentioned staff had recommended the exclusive franchise or non-exclusive franchise with two or three vendors requiring an RFP as it was presented at a previous meeting. Mayor Taylor declared there was consensus that there be a rotation list, but the vendors would be charged a fee. Mr. Bressner advised it could only be two or possibly three 25 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 vendors under a franchise arrangement. Mayor Taylor maintained he was attempting to help the small businessman who had been helpirig the City for many years. Erik Cacuso, Priority Towing, advised the City of Lake Worth had six vendors on a rotation that did not have the proper classifications and equipment. His company could offer all the serviges. Vice Mayor Hay inquired'if the six vendors on the list could all do the same type of work. Scott Blasie, Code Compliance Administrator, advised Eastern Towing did not tow "C" vehicles nor did Blake's or Scott's. He also noted the fact companies were sold did not have any bearing on the rotation. Zucalla, Beck and Emerald could tow all vehicles. Ms. LaVerriere explained the tracking of the rotation list was being done manually through the dispatch center. Vice Mayor Hay wanted six or eight vendors with some sort of fee being charged using and RFP. Motion Vice Mayor Hay moved to go RFP, with six to eight, with a franchise fee. Commissioner Rodriguez seconded the motion. The motion passed 4-1. (Commissioner Weiland dissenting) B, Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. NOTE: THIS ITEM WAS TABLED FROM THE JANUARY 5,2010 CITY COMMISSION MEETING. (This item was tabled to April 2010) C. Approve a tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. Ms. LaVerriere explained the Commission had been attempting to save Galaxy Elementary School from demolition and prevailed in 2008 to save the school. There was a proposed land swap to assist the school district to reposition the building on the site. Motion Commissioner Rodriguez moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. D. Consider alternatives under the proposal to relocate Police Headquarters in Renaissance Commons and authorize negotiations to 26 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 A. Enter into a 20-year lease with an option to purchase, or B. Purchase the required office space outright. Depending on the Commission's direction, staff will then request the Commission to; 1. Approve an Agreement to occupy Renaissance Commons. 2. Amend the Capital Improvement Plan to purchase and/or build out the required space. 3. Authorize the necessary financing for the estimated costs and related interest. 4. Authorize the procurement of required design and construction services. Motion Commissioner Weiland moved to limit discussion and debate to what was approved at the December 1st meeting. The agenda item was to consider alternatives under the proposal to relocate Police Headquarters in Renaissance Commons and authorize negotiations. On December 1 st it was moved to deny the matter going forward with a referendum question on the ballot in March and moving forward with negotiations whether it was a lease or buy and financing. Commission gave staff direction to enter into negotiations with Renaissance Commons and that should be discussed tonight. Commissioner Rodriguez confirmed as a Commissioner he could make any motion he wished. Attorney Cherof replied it depended on the motion and whether it was in order or not. The Chair would have to rule. If Commissioner Weiland made a motion to limit the discussions and it passed, it could limit Commissioner Rodriguez's subsequent motions. Commissioner Weiland reiterated his motion to limit discussion and debate on the topic of how the motion was made on December 1st to discuss a lease or buy. Vice Mayor Hay seconded the motion. Commissioner Rodriguez inquired if the options pres,ented by the City Manager on the proposal had been eliminated based on the motion. Commissioner Weiland and Commissioner Ross replied they were irrelevant. Attorney Cherof responded the item on the agenda is to consider the alternatives of entering into a leaS$6r purchasing the office space outright. It is consistent with the motion. Commissioner Rodriguez noted the City Manager also referenced doing nothing or postponing the decision and asked if those options were viable under the discussion. Attorney Cherof advised not if the motion passed. 27 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL Commissioner Ross added policy was set on December 1 st and supported Commissioner Weiland's motion. Commissioner Rodriguez commented the motion was beyond his comprehension when citizens have consistently fought against this action. He remarked, "something stinks about this deal. It smells bad here." Commissioner Weiland contended Commissioner Rodriguez was incorrect. The motion was made on December 1 st and had passed 3-2. The Commission creates policy and directs staff. It was clearly not being followed in the agenda item before the Commission. Victoria Castello, a resident, agreed something seemed wrong. If it was put on the agenda incorrectly then it should be deferred. Commissioner Rodriguez contended it was one of the biggest transactions the City would ever make. It would ruin the east side of the City and the Renaissance Center. Again, the City of Boynton Beach would be the laughing stock of Palm Beach County. Steve Holzma,n, 206 W. Ocean Avenue, viewed Commissioner Weiland's motion as outrageous and limiting options. The lease or purchase terms may not be agreeable and the City is committed to one or the other. Attorney Cherof explained the limitation on what could be discussed and debated is not dispositive as to the conclusion of the lease negotiations. Once staff was directed to engage in the negotiations, the scope of the negotiations clarified and after completion of the negotiations, a lease document would be returned to the Commission for review and a vote. It may be accepted or denied or further negotiated. The action before the Commission was procedural in nature and not dispositive of the lease agreement. Mr. Holzman inquired if the Commission could renegotiate to do nothing or move into a buy provision or move forward with the lease terms. Attorney Cherof indicated any of those scenarios could occur. Mr. Holzman questioned why the Commission would limit the discussion. Commissioner Ross responded it was the policy that was set on December 1st. Mr. Holzman argued the option to do nothing should be in~luded, especially since it was not stated in the agenda. Deciding the issue late in the meeting and without the public present was outrageous. Commissioner Weiland pointed out the Commission did not make up the agenda, the City Manager and staff did it. Mr. Holzman countered the Commission approves the agenda in the beginning of the meeting. Mayor Taylor would not support the motion on the floor because he had questions on what was presented by the City Manager. 28 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL Victor Norfus, 261 n. Palm Drive, disagreed with the motion because it limited the discussion to the lease or purchase and limits the available options. Brian Edwards, (329 NE 9th Avenue, agreed with Commissioner Rodriguez and did not agree with leasing the space and move the police facility. He thought it was a waste of time when the overwhelming majority of the public did not want to move the Police Department to Renaissance Commons. Commissioner Weiland noted twelve people in the audience out of 65,000 residents was not a majority. The motion passed 3-2. (Mayor Taylor and Commissioner Rodriguez dissenting) Mr. Bressner reviewed the staff report with the options of entering into a 20-year lease with an option to purchase or to purchase the required space outright. There were variables proposed. Staff focused on the 20-year cost and $8 million estimated cost of the construction for improvements to the office space. The comparison, based on the amortization of 20 years for the purchase of the property and the construction cost compared to the lease option revealed both options would cost a total of $41 million. The building did provide the option not to acquire all 65,000 square feet at the initiation of the project. There was a reservation to purchase or lease a smaller amount with an opportunity for later expansion. Staff used 61,000 square feet because it was felt a first floor presence was necessary for public access to the building and an efficient workflow. Purchasing or leasing less space in the beginning would bring the initial cost down. The financing technique. Would be capitalized interest by paying only on the interest for the first two or three years and then start drawing down the principal. It would retire the debt in a shorter period. The policy decision by the Commission dictated the type of financing to be used. The budget was adjusted to remove the debt service and the referendum option. Estimated leasing costs for the first three years were provided and Mr. Bressner noted the purchasing expenses would not appear until the third year. Leasing would require a millage increase of .21 mills for the first year, .36 for the second year and .59 for the third year. If purchased, there would be very little increase in the millage for the first two years and the third year would require a .63 millage rate increase. This would give the necessary working capital to either pay the lease or purchase the shell space for the $12 million cost the developer proposed. The estimates did not include a flat $40 a square foot. The per square foot cost varies with the proposed use of space ranging from $30 to $120 a square foot and averages $50 a square foot. There would be added security costs of $500,000 and a partial generator for back-up power of $400,000 and $500,000 for the green allowance. A construction contingency of 15% was added plus the cost of furnishings and other build-out costs of $1.2 million for a total of $8 million. 29 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Jim Comparato, Compson Associates, 1500 Gateway Boulevard, did not understand the fiscal-year timing. One option was a free lease for six months. He was not familiar with the capitalized interest financing that allows for two years of interest free payments. Mr. Atwood explained enough money would be borrowed up front to pay the interest in the first two years. It would be a budgeted item. Mr. Comparato surmised that based on that type of financing the 2010 budget would not be affected and the first budget years would be 2011, 2012 with no net effect until 2013. Mr. Atwood concurred that was possible. Mr. Comparato contended using the six months free lease would be the first year. Mr. Atwood agreed the fiscal year should be moved down one year and delay the borrowing of any funds. Mr. Comparato estimated the savings would be $468,000. Commissioner Rodriguez questioned the benefit of getting six months free rent. Mr. Bressner responded it would be a new facility. Commissioner Rodriguez noted the build out was anticipated for 12 to 18 months and asked how long construction of a stand alone building would be. Mr. Livergood estimated 24 to 30 monthS. Commissioner Rodriguez inquired if the property would then come off the tax roll. Mr. Bressner replied if the property was leased taxes would have to be paid. If purchased, the City would attempt to exempt the taxes because the City would not be paying taxes. Commissioner Rodriguez pointed out the goal was to increase the tax base, but this project would reduce the tax base. Mayor Taylor questioned when the increased millage rate would be anticipated. Mr. Bressner alleged it was possible any increase could be postponed a year to 2011/2012. Commissioner Rodriguez noted the loss of the tax revenue would also result in a millage, increase. Mr. Bressner ~dvised the purchase option would be approximately $20 million with a pay-off total of $41 million over a 20 year period. The cost to lease over a 20-year period would also be $41 'million. There is some scalability available by purchasing or leasing less square footage initially. Mayor Taylor's concerns were the debt service was removed from the budget and then Mr. Comparato made an exceptional offer. Developers bring ,money to the City and assist in keeping the millage rate lower. The Renaissance Ct>rtu~ons development is an excellent improvement to the City. He was concerned with the projected millage increases following the most recent tax increase. It may not be the best possible solution and he supported a safety compound on City-owned land, but the price at Renaissance was impressive. Mayor Taylor decided it was not the right year to commence the project. Commissioner Weiland noted it would not cost the taxpayers anything for the first 18 months. Commissioner Rodriguez speculated the City would be 30 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL collapsing in the next five years with the economic crisis. He suggested caution was needed. It should be turned down because it is not a proper location. Commissioner Ross disagreed and had received mixed. messages from staff and the public both for and against the proposed site. She recalled Commissioner Rodriguez had supported building a free-standing building in the downtown area without any pricing information. Commissioner Rodriguez recalled the first decision was to select a developer because the matter was going to a referendum. He supported the only presentation that included the downtown master plan. The citizens should have the right to decide with a referendum. Commissioner Ross clarified the Commission had voted to consider a Police Department anywhere in the City that was viable and reasonable. It was a policy decision. Mayor Taylor added the downtown proposal was not valid and should not have been considered. Motion Commissioner Rodriguez moved to terminate negotiations immediately. The motion died for lack of a second. Vice Mayor Hay restated his opinion that initially he did not feel Renaissance Commons was the appropriate location. He preferred the City-owned property on High Ridge Road and Gateway. However, he voted based on the Commission's direction to staff to limit the issue for discussion. Commissioner Ross declared there was a sense of urgency. Commissioner Weiland recalled the proposal from the City Manager at one point included moving City Hall also to Renaissance Commons. Mayor Taylor mentioned that decisions previously made did not include the financing options and millqge rate increases. Mr. Bressner stressed there had to be a bond issue to cover th~ cost and the debt service. There was urgency to move forward on some solution for the space needs for the Police Department. They are operating in an inadequate- facmty and difficult conditions. Commissioner Rodriguez revealed his discussions with the Police Chief and officers did not support the urgency. Commissioner Weiland added he had spoken with officers and they had no problem with the move to Renaissance Commons. Mayor Taylor had received the same message as Commissioner Rodriguez from the Chief and the Union would prefer to wait. He still remained concerned about the cost and millage increases. 31 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 Motion ' . Commissioner Weiland' moved to do a 20 year lease with the option to buy. Commissioner Ross seconded the motion. The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Rodriguez dissenting) Motion Commissioner Rodriguez moved to terminate negotiations immediately. Mayor Taylor passed the gavel and seconded the motion. The motion failed 2-3. (Vice Mayor Hay, Commissioner Weiland and Commissioner Ross dissenting) Motion Commissioner Weiland moved to purchase 65,000 square feet in Renaissance Commons. Commissioner Ross seconded the motion. The motion passed 3-2. (Mayor Taylor and Commissioner Rodriguez dissenting) E. Discussion on the PAL program (This item was added to the agenda at the request of Commissioner Rodriguez) Mr. Bressner recalled the budgeted amount for the program had decreased from $40,000 to $7,000 in the last fiscal year. Additional funding has been requested by Mr. Sony Garcia that would have to be allocated from unobligated reserves by special action of the Commission. Vice Mayor Hay supported expenditure reductions within the Police Department to continue to invest in the youth. Chief Immler responded the $7,000 allocated was not the only source of funding for the PAL program. Donations, grants and other sources net $60,000 to $75,000 a year for registration fees and equipment. He noted there were sufficient funds to run the programs; basketball, football and cheerleading. The travel portion of the competition would have to be cut and retain the basic program. Commissioner Rodriguez favored the use of reserve funds to retain the program at the previous level. Vice Mayor Hay agreed. Mayor Taylor could not support the use of the funds. Commissioner Weiland contended it was not the PAL program's responsibility to prevent kids from crime, it was the parents' responsibility. Commissioner Ross initiated discussion for a lesser amount. 32 Meeting Minutes Regular City Commission January 19, 2010 Boynton Beach, FL Motion Commissioner Rodriguez moved to extend the PALS program to $20,000. Vice Mayor Hay seconded the motion. The motion passed 4-1. (Mayor Taylor dissenting) 11. FUTURE AGENDA ITEMS f>:... Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 2010). 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 10-005 -- FIRST READING -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. Attorney Cherof read Proposed Ordinance No. 10.005 by titled only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 09-044 -- SECOND READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant: City-initiated. Request for Reconsideration by Commissioner Ross of Ordinance 09-044 which was adopted on second reading on December 1, 2009. 33 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 TABLED on January 5,2010. Attorney Cherof read Proposed Ordinance No. 09-044 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to remove Item 13.B from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof explained the ordinance needed to conform to the variance request. It would require that in the section relating to maximum height it read as follows: .. ."45 feet lesser height may be required for compatibility with adjacent development." Based on the suggestion made earlier it should included. . . ";65 feet in green zone locations." Motion Vice Mayor Hay so moved. Commissioner Ross seconded the motion. Ms. Miskel advised she had agreed with the INCA President that she would speak on the matter for them. Their position was they did not want th,e height exception anywhere else in the IPUD recognizing that the proposed site was legitimate based on the size. INCA would prefer sites be considered on a site-by-site basis through the variance process and had submitted a letter to Planning and Zoning. Ms. Miskel contended the proposed site being the only site that could accommodate a large building, would make the proposed amendment moot. Mr. Rumpf agreed and commented it is currently in the ordinance that marina-type uses are tied to the green zone alone, regardless of their height. Attorney Cherof advised the condition on the previous variance was superfluous. It should have been addressed earlier. Mr. Rumpf clarified it did not regard height, rather the use in the green zone, still at 45 feet. Ms. Miskel emphasized the amendment was not needed for the proposed site and use. Motion Commissioner Hay moved to remove. Commissioner Ross seconded the motion. The motion passed unanimously. C. PROPOSED ORDINANCE NO. 09-048 -- SECOND READING - Parking requirements for dry boat storage and private marinas' (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add 34 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-044. TABLED on January 5,2010. Motion Vice Mayor Hay moved to remove Item 13.C from the table. Commissioner Weiland seconded the motion. Mr. Rumpf advised the Ordinance incorporated parking standards for the marina uses which were added by the original text amendment to the IPUD. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-048. Commissioner Ross seconded the motion. Vote City Clerk Pra'jnito called the roll. The vote was 5-0. D. PROPOSED ORDINANCE NO. 10-002 -- SECOND READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. The first reading of these ordinance modifications was approved at the January 5, 2010 Commission meeting. Attorney Cherof read Proposed Ordinance NO.1 0-002 by title only on second reading. Mayor Taylor opened the issue for public hearing, No one came forward. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Praini~~ calle~ the roll. The vote was 5-0. 35 Meeting Minutes Regular City Commission Boynton Beach, FL January 19, 2010 14. UNFINISHED BUSINESS None 15. ADJOURNMENT There, being no further business to come before the Commission, Mayor Taylor properly adjourned the 'meting at 1 :05 a.m. CITY OF BOYNTON BEACH '- f ATTEST: . .. Jos odriguez, com~z 1 C ' ~miSSjoner , wa~ L.ad" .t." z tI Tj' f'l,6anel M. Pra'nll CMC "'Ci Clerk 36 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: . . Casa del Mar Yacht Club Development P&Z Building Engineering Oee. Lice e APPLICANT'S AGENT: Bonnie Miskel- Siegel, Lipman, Dunay, Shepard & Miskel LL APPLICANT'S ADDRESS: The Plaza Suite 801, 5355 Town Center Rd. Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., Maximum Height allowed - 45 feet, to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 V"" 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 ApplicC!Jlt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DA TED: /-ei5'-IO S;\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa de, Mar Yach Club\ZNCV 09-005\DO Revised for P&D New 11- '9, EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: ZNCV 09-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. 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""',E. ~\n "v". oefOV &"'"'*', f\. ~4!l3 561-272.9621 '."" 63\ \ i ~\ ~ \ - ~ ~ r -., I -..J Landscape for: Casa Del Mar Marina Boynton Beach, Florida DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 7. N,E. 5th AVE. Deroy Beodl. Fl. 3:l.ol!l3 561-272-9621 LA. B31 II : '{ :; I i .~ ~ ~. I I - ~ EXHIBIT C ~ I ~ rp:. r? 11 '\lft. r;.;::~. m). trtJ. ~ \~ ~ U r;J1 S t.b!! DEe 1I 1 2009 PL~<Nk\ij~NG .A.~~D ZO~\HN'G r:HZ:PT" Casa Del Mar Yacht Club VarionceAppfication This variance application is submitted on behalf of Lancore Nursery, lLC ("PetitionerJl) for property generally located on the east side of North Federal Highway, north of Dimick Road ("Property"). The Property has a land use designation of SHDR and a zoning designation of IPUD. The Petitioner has submitted applications for site plan and conditional use approval concurrent with this variance request. The Petitioner wishes to develop a 320 boat slip marina on the Property. In order to develop the proposed marina, the Petitioner requests the approval of variances from the following code sections: Variance from Chapter 2, Section S.1.3- Maximum structure height - 45 feet to permit a maximum structure height of 67 feet (the "Height Variance"), Variance from Chapter 2, Section S.L4.g.9,{p) that requires the height of 50% of the required trees or palms be a minimum of 2/3 of the height of the building to permit the height of the required trees or palms be a minimum height of 1/3 of the height of the building (the "Landscaping Variance"). As discussed in greater detail below, the above Variance request complies with the City's variance review criteria. In particular, the Petitioner will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the Property; (b) the special conditions and circumstances do not result from the actions of Petitioner; (c) the granting of the Variance will not confer on Petitioner any special privileges; (d) the literal interpretation would deprive Petitioner of rights commonly enjoyed by others in the IPUD zoning district; {e} the Variance is the minimum Variance that would make reasonable use of the land; and (f) the granting of the Variance would be in harmony with the intent of the land development regulations. Variance from Chapter 6, Section 5.L3 - Maximum structure height - 4S feet to permit a maximum structure height of 67 feet (the "Height Variance"). A. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the building involved and are not applicable to other buildings in the same zoning district. The proposed marina is being designed to accommodate a state of the art dry dock boat storage system. The facility has been designed to utilize not only new technology but an enhanced design. The dry storage facilities of the past have been boat barns. They are not concrete construction and offer nothing in the way of architectural elements including projecting and varying facades, faux windows, balconies, with the use of different construction materials to make the facility not only more architecturally pleasing, but more compatible with residential. The waterfront is limited to the area along the intra-coastal very much limiting where a marina and dry storage facility can be located. Most of the waterfront is and has been developed to serve a limited residential community. Although there are some that may prefer to locate these types of uses away from the waterfront, water is the essential requirement for the marina. Further, both the County and State have recognized that the waterfront uses such as the marina and dry storage combined with other active waterfront uses are essential to the economic survival of the County and State and must be utilized better. The proposed facility and others like it, demonstrate that the use can be made more compatible. An example of this type of facility is the Marina One facility in north Deerfield Beach across from the upscale community of Royal Palm Yacht and Country Club. Marina One also provides for 4 levels of stacking in a much more upscale building than the old boat barn. Copies of the architecture are incorporated into a power point presentation which will be presented at the hearing. like the subject property, the Marina One is significantly taller than the 4S foot height limitation and yet is compatible with multi-million one story single family homes across the canal (the Marina One height is approximately the same height as the proposed dry storage). As we try to mitigate the use, we are required to increase the cost of construction which combined with the waterfront property and use make for a very expensive property and use. The upscale dry storage facility is much more expensive to construct. The combination of added cost, limited waterfront and limited vacant parcels drives the economic hardship. As this use cannot be moved across town to cheaper industrial zoned land, the land conditions make the development of the marina/dry storage unique with special conditions and circumstances associated to the use itself. The economics of the use require a minimum of 4 levels of stacking necessary, In addition to the architectural benefits of an upscale building, the concrete construction contains the noise far better than the older boat barns. Even the State of Florida and Palm Beach County acknowledge the uniqueness of the waterfront use. In July 2008, the State of Florida and Palm Beach County adopted a Manatee Protection Plan ("MAP") that among other things limited the number of wet and dry slips and the location of such uses in the County, and the State of Florida. The City has only one area within the City where such uses are preferred (See Exhibit "A"). As most of the area in the green zone is improved, the Property is the only parcel large enough to accommodate the dry storage/marina use, special conditions exist. There are no other real land areas that could accommodate this use, the height is needed for this use to be achieved particularly with all the compatibility requirements adopted within the IPUD, B. The special conditions and circumstances do not result for the actions of the applicant. The special conditions and circumstances are not the result of actions of the Petitioner. The adoption of the green zone (limiting the areas within which the use may be situated) and the substantial conditions within the IPUD (that must be met) are not the result of the Petitioner, nor is the width of the land between Federal and the water. The size and shape of the Property effect how it is able to be developed. Because of the elongated shape of the Property, developable space is limited while accommodating required parking, drive aisle widths and landscaping. Th.e proposed dry storage building is limited as to how it can be situated on the site. The structure must be taller to accommodate the number of dry boat storage slips and the new technology. The additional height is also needed to accommodate the increasing sizes of boats. New boats which are being fabricated are much taller from the hull to the top of the boat. The size and shape of the Property have necessitated the Petitioner to increase the proposed hefghno accommodate the innovative automated boat storage system and the needs of the boating public. Additionally, the Property's location within the MAP further limiting the development potential of the Property as discussed above. C. Granting the variance requested variance will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Granting of the Height Variance will not confer any special privilege on the Petitioner. The use is permitted by conditional use approval. If other applicants can meet the requirements of the code they could make such application. A portion of the height request is to enhance the elevations to mitigate the height of the building. The neighboring property to the north was approved for a height of approximately 50 feet which exceeded the height requirement by approximately five feet. This request is similar. The Petitioner is asking for an additional 22 feet. Without the Height Variance, this building likely could not be built. D. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter would deprive the Petitioner of the ability to construct an allowable use within the IPUD zoning district and would work unnecessary and undue hardship on Petitioner. There is no other category in the City that would allow this use at the height required to build it. The facility is located within the green zone area of the MAP. As there are few undeveloped parcels and no other undeveloped parcel is of the size of this one, the use could likely not be constructed in the City. The IPUD revised regulations require substantial construction and landscaping improvements to mitigate proximity to residential. The cost of the improvements precludes a boat barn. The waterfront is built out with significant residential. If this use cannot be constructed on one of the largest undeveloped parcels, it would likely not be constructed anywhere. Therefore, denial of this application will deny the petitioner of the right to develop a use provided for within the IPUD zoning district. E. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The proposed Height Variance is the minimum variance that will make the innovative boat storage facility a possibility, thus successfully introducing this newer technology and design to the City of Boynton Beach. This facility represents a more efficient, quiet and attractive use of the Property, while still permitting the Petitioner to meet other City Code requirements. Even the older boat barns are typically able to stack four (4) levels of boats. This unattractive, inexpensive form of construction would likely not need a height variance as the architecture provides no additional architectural elements as have been provided in this application. The traditional boat barn, however, would not be architecturally compatible within the IPUD and would likely not be approved. We are simply requesting the ability to have the same number of levels of storage as the older boat barn facilities. F. The granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area invo(ved or otherwise detrimental to the public welfare. The;granting of the Height Variance will be in harmony with the general intent and purpose of the Code. This Height Variance allows for the development of an attractive marina on Federal Highway. Without the Variance the proposed structure would most likely not be feasible. Design and function should be taken into account when developing along Federal Highway, a major north/south roadway through the City. This proposed dry storage building will not be injurious to those properties adjacent to the Property nor will the granting of the Variance be injurious to the public welfare. The architecture and landscaping have been designed to mitigate the height. This faciUty achieves that goal while being sensitive to the surrounding community. G. Variances to minimum fot area or (ot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property of structures to become nonconforming. Applicant shaJl provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Not Applicable. ~.~ EXHIBIT "A" - SITE LOCATION MAP CASA DEL MAR ZNCV 09-005 ZNCV 09-006 , . NOT IN CITY CITY LIMITS .---.-..-..-.. -.--..-. .-..-..- ..-..-.......-..-......-..-.. ..- >- ~ ::r ...J ~ W o W LL Z R-~AA 0::: C W ~ <( ..J Z 150 75 0 I - 150 300 450 600 5 'Feet Development paz Bul/dlng Engineering Occ. Lice".. Deputy City Clerk DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar Yacht Club APPLICANT'S AGENT: Bonnie Miskel- Siegel, Lipman, Dunay, Shepard, & Miskel LD'" APPLICANT'S ADDRESS: The Plaza Suite 801, 5355 Town Center Rd. Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p)., Additional Design Regulations, requiring the height of 50% of required trees to be a minimum of two-thirds of the height of the building, to allow the required trees to be planted at one-third of the height of the building. LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 . Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: / -85-/0 ~tn. p~ City Clerk . S:\Planning\SHAREO\WP\PROJECTS\Casa del Mar\Casa del Mar y'acht Club\ZNCV 09-006\00 Revised for P&O New 11-09.do EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: ZNCV 09-006 Reference' DEPARTMENTS' INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Applicant shall submit a revised landscape plan, to be approved by the City X Forester, depicting the substitution of more dense and wider spreading tree species for the proposed Orange Geiger and Gumbo Umbo trees, in an effort to create a denser landscape barrier to the adjacent residential properties. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCV 09-006\COA New 11-09,doc S:\Planning\Planning TemplateslCondition of Approval 2 page -P&D ORA 2003 form.doc l \ ) ..,..._ L'" 0<>><>"'''''" _ .. _ _ _ - - - - - ".~-T.::rcrVICI"'C~ /-- ~ I, !< Q::I f~ r'" Q~ ~J ff..V<1l _l~" lIJH. (nv.~, (lI'UD; i.>i1IU ru.KNt::D l.:NIJ orvH~tl!NJ """',..,. ~Al6lAtJ. >< 11 ~ j. ~ '! i I~ H !~ 3 d I ~ j j i " . ~ t" : ItJ F '-i g,~ . ,,\\ . if, ~!< rr If ! ! 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N"'.!J.""b.A-'~~..~ i:.1""'."-,."'~4.....Q '" '" << '" '" .. ftI :Ii I I f-C I ~ , g; I f I L a I I told:ro~=l~~~d '" I "J ... ,:' if"".... tP4P I -0---------. : '1:::~..::;::.:;:-::;;;:;::;.:-;_.;;;:_;;;;_:.::;:Z.iL;;-_::::~'":::.. 'I, ~ I / I I / I (/ II /I II /'J o o -0 .t:: G>> .Q "- :.:QC\1.c o c U - a 8. CI._ ~ oU)"c l;( '" '" E .0 '"~ '" c c: ~>- I .s () lG ,~ I - NOW O/lf'ORi.lERL Y LAKESIDE GARDENS PLAT BOOK 8 PAGE 57 _n__.. . ""___'_j ~ ~rH NOtE. .....l.~v;h.;;:.aP\l 'N~i'l.h 5\g1',llliohole! ShaH Pro"iOe unobsn'Jded CfClW'tWbiltv Al A IkHlt~rllof Le'l(f, !ct"H~(Ir\ JO UICtlCS AJolJ 6 Feel. bl;CloJdr,g TnJnk! flom ro'.em.e\\t. Naif: N.lO~~IP.P.KiJ.i\OtI1ltIOi'\}I.."fll'M.i~rl. MfCif"'1'I-~ ON '-EO~".~ tiG!I'l'tAt 'ELVl'lG4 10 ~ CIN OF" SO)t4lCt~~CilN-<< 0........,.<;[ \() 1\\f;;IRIlIC^''IOH .s!.~I[,"'1 Oil: PV-J"lf !o.V.lf:..\ttAi. -'SA RE.SfJll Of lkE ("Otll~Cl(.}ft1 OP".J:AW_~6 SH....U.<< i:ll"~ro CR ~EO JO n!E ~QUr'o'~.U:'~; 0'- H"ffEJt ~.t..'t..IIS N'l'ltU''1ID'f I~C.l\) t.>>1lO'rN10HtlACH..~Sk.u 5~ iilt..iOl! RESN....,,~l&lUn Of-lliE DFotl:lot'9. r-f01P: (Rl IrE:. 80^: 1ICR.....GE &\.....Oli"tG A 11o::t1tlS fOil EACH '01.'GA..M\.l...[A....1'f! SlWL t.f rRO'''O{O. --~..e O.H..C. ~".,.-- tiUl....~ ~"lir- I'.."" -"" L-3 LandsC3r;" Plan ~w ~ ~ 1;- k f It i w "- ~. 'ti \ , I S ; \~ \\~ ., ~ ~~ OJ ~ I ~ ~ 1\ sa Q ~ r> \ ,. i' ~\ ~\ ~1 ~I .....-- - ----~ ; ) '" t '" ~ I '" E, ii' ~ landscape for. Casa Del Mar Marina Boynton Beach. Aorida DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 74M.E. Sll\AVE., D<WOV&e<lch. f\.:l3~ 56\,:172.9621 LA 631 i ~ ~ j ~ 'i: ~ 5. ; !!'. ~ r _ I -..J Landscape for: Casa Del Mar Marina Boynton Beach, Florida DESIGNED BY; CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 7' N,E, "h AVe. Deftly &eoch. F\. 3:\.483 561.272.9621 lA. a31 ~ EXHIBIT C Variance from Chapter 6, Section 5.l.4.g,9.(p) that requires the height of 50% of the required trees or palms be a minimum of 2/3 of the height of the building to permit the height of the required trees or palms be a minimum height of 1/3 of the height of the building (the "Landscaping Variance"). A. Special conditions and circumstances exist which are peculiar to the lond, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the building involved and are not applicable to other buildings in the same zoning district. As previously mentioned, the proposed marina is being designed to accommodate a state of the art dry dock boat storage facility. As such, the proposed height of the building is 66 feet, 1 inch. Thus, the required height of the trees would be approximately 43 feet. While it is not impossible, albeit difficult to find 43 foot trees, it is highly impractical to relocate a tree of that size without the tree dying. Few older trees of that size survive relocation, particularly when one is relocating trees next to an area with heavy salt content. The applicant has submitted cross sections showing line of sight perspectives from the adjacent neighbor's property. Those cross sections demonstrate that the same goal can be accomplished by locating more trees of a lesser height (between 20 to 30 feet in height) along the perimeter. The., interior trees are for the most part only seen once one has entered onto the property. People that are coming to the Property have no objection to seeing the bUilding. As such, if the goal is to break the massing and screen the building from the neighbor's property, a greater number of smaller trees along the perimeter will serve that goal. Additionally, the only types of trees that are more readily portable at that height are palm trees which do not provide the appropriate screening that is intended by the City Code. B. The special conditions and circumstances do not result for the actions of the applicant. The special conditions and circumstances are not the result of actions of the Petitioner. The Code allows for 45 foot dry storage buildings. The tree height requirement was really designed with the 45 foot height maximum in mind. A twenty to thirty foot tree can be more readily found in the marketplace and is more likely to survive the relocation than a larger older tree. Due to the height of the proposed marina, the required tree height would only accommodate trees that provide little to no screening. Typically, the only trees that would be able to meet this requirement are palm trees. Petitioner has provided a line of sight analysis which demonstrates the proposed canopy trees along the perimeter adequately meet the intent of this provision and provide better screening than the provision from which relief is sought. C. Granting the variance requested variance will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Granting of the Landscape Variance will not confer any special privilege on the Petitioner. Petitioner desires to appropriately screen the marina from the adjacent properties, however the trees which would meet the height requirement would not provide the screening necessary to meet the intent of the Code. Petitioner desires to develop an aesthetically pleasing project which will provide lush landscaping and become an asset to the surrounding community and City. There are very few locations that would accommodate a marina and dry storage facility. As a result of the green zone requirement and the State's limitation on the number of wet and dry slips available, the subject marina may be one of the only marinas constructed within the City. By approving this request, the City is not conferring a special privilege, but rather enabling a permitted use to be constructed, meeting the spirit and the intent of the MAP plan, the IPUD and the City's Comprehensive ptan encouraging a more active use of the waterfront. D. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter would deprive the Petitioner of the ability to appropriately screen the proposed marina and would work unnecessary and undue hardship on Petitioner. As previously mentioned, the only trees that would meet the City's height requirement are palm trees. These types of trees do not provide appropriate screening. This provision was not originally in the IPUD zoning section but originated as a result of the "big box" ordinance. Typical "big box" development is one to two stories tall. There is no market impediment to finding canopy trees that can meet the 2/3 height requirement for big boxes which would be a 20 to 2S foot tree, The height of the dry storage facility is not comparable to the big box making this requirement impossible to meet. The footprint of the entire marina project is approximately 75,000 square feet which is substantially less than the big box, To hold the 2 uses to the same standard is not equitable and does not meet the intent of the City's Comprehensive Plan. If the goal is to adequately screen the building, the cross sections adequately demonstrate how that can be accomplished. E. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The proposed Landscape Variance is the minimum variance necessary. The intent of this code section IS to ensure that large buildings are appropriately screened from surrounding uses, Petitioner feels that the intent of this section is being met by providing numerous canopy trees along the property line as well as within the vehicular use area. As demonstrated by the line of site analysis, the proposed marina will be appropriately screened from the surrounding properties. The substitution of canopy trees for palm trees with a greater quantity along the perimeter meets the City's intent. F. The granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the Landscape Variance will be in harmony with the general intent and purpose of the Code. As previously mentioned, Petitioner feels that the intent of the code is being met through the substitution of more canopy trees along the perimeter and buffer. As further demonstrated by the line of sight analysis, the proposed marina wlll be screened from the adjacent properties and roadways. G. Variances to minimum Jot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property of structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Not Applicable. EXHIBIT "A" - SITE LOCATION MAP CASA DEL MAR ZNCV 09-005 ZNCV 09-006 NOT IN CITY CITY LIMITS .._. ._.._.._.. -111--.._- ._.._.._ .._.._.._. ._.._.._.._.._.. .._ >- ~ X ....J ~ l.U C l.U U. Z !) ,,;~~ ' 150 75 0 1""""'1- 150 300 450 600 5 I Feet DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar Yacht Club APPLICANT'S AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP APPLICANTS ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Request New Site Plan I Conditional Use approval to allow a private marina and yacht club on a 4.11 acre parcel zoned IPUD. LOCATION OF PROPERTY: 2632 N. Federal Hwy. Boynton Beach FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ..............HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The APP~t'S application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: I-~o-ID S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\COUS 09-004\DO.doc EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: NWSP 09-004 / COUS 09-004 Reference: 2nd review plans identified as a New Site Plan / Conditional Use with a November 24, 2009 PI & Z d k' annmg OnIng ate stamp mar mg. DEPARTMENTS INCLUDE REJECT ENGINEERING I. Prior to the issuance of a building permit for the project, a traffic analysis and X notice of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering Division is required. 2. The property owner shall pay a sidewalk fee in the amount of $5,598.00 X which represents the cost to the city for the construction of the sidewalk abutting the property on Dimick Road and Lake Drive per LDR, Chapter 22, Article I, Section 5 C2. 3. Provide documentation that existing 5' drainage easement per ORB 618, Page X 667 does not exist and/or has been vacated. 4. Provide a 12' DE for existing sewer on property between three story building X and boat storage building. FIRE 5. At the time of permitting, provide a CAD plan for this entire project. X 6. As noted on the plans, all buildings that require a Fire Sprinkler system are X shown being fitted for one. This will require a current hydrant flow test that shall be conducted by our office within six months of submittal of the Sprinkler plans. 7. The Fire Hose Cabinets will not require fire hose. We will use our own in X case of a fire, and unless there will be a trained fire reaction force we discourage civilians from using these hoses to attack a fire. Simple standpipe connections will suffice in place of the hose cabinets. 8. Prior to permitting, revise plans to provide more information about the Fuel X Station (how the fuel will be dispensed, who will dispense it, where the emergency shut downs will be located, what model of tanks will be used, etc.). 9. There are extensive requirements for docks in the City Codes of Ordinances X (section 9-29). Please submit your plan for meeting them at time of permitting. POLICE Comments: None (All previous comments have been addressed). X Conditions of Approval Pa!!e 2 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: None (All previous comments have been addressed). X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 10. The applicant must obtain a permit from the regulatory agencies pertaining to X the existing Mangrove trees along the Eastern perimeter of the property. 11. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Federal Highway, Dimick Road and Lake Drive roads rights~of-ways. PLANNING AND ZONING Comments: 12. Revise site plan prior to permitting to note that development will be X constructed in one (1) phase. 13. Revise site plan prior to permitting to note how designated loading area will X be accessed by delivery trucks, and note no transient/temporary parking needed for boat trailers due to no public boat ramp or customary use of boat trailers on site. 14. Revise site plan prior to permitting to note nature of proposed uses, water X access to public or just members, hours of operation, number of employees, fueling and servicing of boats and equipment, all accessory uses proposed, etc. 15. Some building setbacks do not meet the intent of the IPUD zoning district X setback requirements in that they are not consistent with the existing setbacks within the surrounding neighborhoods. The LDR states that perimeter setbacks in the IPUD zoning district shall mirror setbacks of adjacent zoning districts, with a minimum setback required for a single-family residence. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. Revise on site plan the rear (east) setback of boat storage building and side (south) setback of clubhouse to comply with IPUD requirements or obtain City Commission relief for these setbacks. DEPARTMENTS 16. Prior to permitting, revise site plan tabular information to include the following: total building square footage proposed including a breakdown of gross floor area of each floorlbuilding; and required (setbacks mirroring adjacent development) and proposed setbacks. 17. Prior to permitting, revise building elevations of boat storage building as follows to achieve more compatibility with adjacent residential architecture: remove label of green screen, typ.; replace louver medallions to match other medallions used on building; and identify all types of material proposed (glass, metal, no score lines). 18. Prior to permitting, revise all elevations to note that all Spandrel glass shall be designed to match the color of the Vision glass on the structures, so it is not evident that they are false glass openings. Prior to permitting samples of the proposed spandrel and vision glass shall be submitted to Planning & Zoning. 19. Prior to permitting, revise plans to reduce proposed height of boat storage building to comply with IPUD zoning district height requirements, or obtain variance approval. 20. Prior to permitting, revise plans to provide a cross-section of boat storage building that indicates how high boats will be required to be stacked, including overall building height and height of each stack. 21. The use of Sabal palms, Geiger trees, and Gumbo Limbo trees in the south landscape buffer will not achieve the immediate barrier planting needed to buffer/shield neighboring residential from any adverse effects of the proposed marina. Barrier type perimeter landscape buffers will require plant material other than Orange Geiger and Gumbo Limbo trees. Staff suggests replacing Orange Geiger and Gumbo Limbo trees with alternative plant material in these locations to provide a dense screen with a tiered effect, especially when requesting relief from setback requirements for utilization of dense vegetation. Staff recommends substituting Orange Geiger and Gumbo Limbo trees with Traveller's Palms, Fish Tail Palms, Areca Palms, or White Bird of Paradise Palms that fan out and spread. Prior to permitting, revise landscape plan to provide recommended alternative trees to achieve the barrier-type maximum screening requirement. 22. Required buffer wall is to match existing buffer wall on north property line. Prior to permitting, revise plans to label buffer wall detail on sheet A2.2 and include wall height, materials, color (to match building). Also depict and label 6 foot buffer wall on landscape plans. INCLUDE X X X X X x REJECT X Conditions of Approval P 4 age DEPARTMENTS INCLUDE REJECT 23. The IPUD zoning district requires the height of the plant material to be in X relation to the height of the adjacent facade or wall. The height of 50 percent of the required foundation trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees is required to be installed within the foundation planting area every 20 feet on center along each fac;ade. Canopy and palm trees are to be distributed along the entire fac;ade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. Revise landscape plan to comply with IPUD requirements for foundation plantings or obtain variance approval. If variance relief is approved by the City Commission, note variance application number, approval details, and approval date on landscape plan prior to permitting. 24. Proposed planting within Dimick Road right-of-way will require approval X from Director of Public Works (see Engineering staff). Submit a copy of Director approval to plant in right-of-way. 25. The subject site is located along Palm Tran Bus Route 1. Revise site plan to X indieate a bus stop and upgraded shelter along North Federal Highway in front of the subject property is proposed as part of the project and in coordination with Palm Tran. 26. Revise plans to note that overhead utilities will be relocated underground to X provide better vegetative screening of a barrier-type perimeter buffer along the north property line. 27. Prior to permitting, revise photometrics plan to reduce height of freestanding X light poles from 20 feet to 15 feet to increase residential compatibility. Revise number of light poles needed and site photometries accordingly. 28. Prior to permitting, revise photometrics plan to revise freestanding light pole X detail to include color and reduced height. 29. Prior to permitting, revise plans to provide a detail of the sign area, including X the dimensions, exterior finish, font, and letter color(s) (Chapter 4, Section 7.D.). 30. Prior to permitting, revise plans to provide details of signs proposed on the X building walls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3]. Modification of COA # 1 0 to read, "The applicant must obtain a permit, if X required, from the regulatory agencies pertaining to the existing Mangrove DEPARTMENTS INCLUDE REJECT trees along the Eastern perimeter of the property". 32. Modification of COA #21 to read, "The applicant shall work with City staff X to select salt-tolerant trees designed to provide better screening in the buffer areas, satisfactory to both parties". 33. Modification of COA #25 to read, "Revise site plan to indicate a bus stop X and upgraded shelter along North Federal Highway in front of the subject property, or negotiate with Palm Tran to upgrade bus stop facilities at the adjacent Palm Tran stop, as deemed acceptable to staff'. 34. Modification of COA #26 to read, "Revise plans to note that overhead X utilities will be relocated underground to provide better vegetative screening of a barrier-type perimeter buffer along the north side of Dimick Road". 35. Modification of COA #27 to read, "Freestanding light poles may be installed X at a maximum of 20 feet in height, provided the site photometrics depict illumination levels less than or equal to the residential project to the north and that the fixtures are adequately baffled. Should the illumination level of the northerly project be higher than those proposed by this project, the levels submitted with this plan shall be utilized in the design". 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A.SSOC\~"ff.S Ul\\\iC"'~ r..\\Cl\\1tt'tS \ltC. 7.,tE. 51'0 "VE, oe""" e""'*" f\. ~~~ 5b,.~71.~621 ..,... &:II ~.<2€ ~i? l~ E" ~\ .$1 ~- ~~ \ ~~ r .t ii ~ \<; \~ ~ .\~ ,--.'- .~ ,.-.-.- ,.-- - -.....-.-- - \~ ~ i\. (*m~ \,9'~~', !""'O ~ \t~~ ..._"'~~-~ ~~~ ." r ~ ~\ ~ Londscape lor: caSa oe' tlaf tAayina roo'ifl,on roeoen, r\ot\do \" ... 1 v.:> ~\ . 'i \~~% ,~{ ll-e Go; ",- ~i ~'" lk~ ~ m<D ~ \ \ \ ~ ~ ~ ~ ~ \ ~ \ Hi '" 'i. g E ~ \ t ~ \r 7- ~ \ ~ .. \ \ , . . '" , . , ~, :t. t'\ W,'n. ~\~ (1 ~,; 'ii 's"i 0 ~1..e \~ \\\ \tl\l 0 ~~ "-..;' m ~~ ';'\ ,,:!t ; ""1' ~l\ ~ -" r' t~ ,. it\\ -, \1 \'l. .0- !" \ ~';.~ ;0 ~ . \~ ,\ ~~; ~ \ ("' ~t \ on i\ ~ \-\~ ." \ ''!\ . \ ~ \ \ 1 1 'i; ~ .. '\ \ . \ 1 i i \ ~~ ~'" I' \. it ~l ,I \~ f f J,.__......---.1 "\' ~ " g, l m ~ "" C :J f'" \ .... I Q) landscape for: Casa Del Mar Marina Boynton Beach. Ronda DESIGNED B'I': CARTER & ASSOCIATES \.AKOSCAPE ARCMITEC'\'S 'KC. 7A H,E. Sth ,,'IE. Deilov $80cn. f\. 3s0i83 S6\.272.?62\ v.., 831 ~ ~ "l l " 1 1 \ .. ~ i 'r 1< fI! " < ~ g (A Iii , I ,s jl.l, !j~( Landscape for: Casa Del Mar Marina Boynton Beach. Ronda DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 7. "'.E. 51h Ave, Delroy Beocn. FI. 33483 561~2n-962l LA. 83T EXHIBIT C Variance from Chapter 6, Section 5.L4.g.9.(p) that requires the height of 50% of the required trees or palms be a minimum of 2/3 of the height of the building to permit the height of the required trees or palms be a minimum height of 1/3 of the height of the building (the "Landscaping Variance"). A. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the building involved and are not applicable to other buildings in the same zoning district. As previously mentioned, the proposed marina is being designed to accommodate a state of the art dry dock boat storage facility. As such, the proposed height of the building is 66 feet, 1 inch. Thus, the required height of the trees would be approximately 43 feet. While it is not impossible, albeit difficult to find 43 foot trees, it is highly impractical to relocate a tree of that size without the tree dying. Few older trees of that size survive relocation, particularly when one is relocating trees next to an area with heavy salt content. The applicant has submitted cross sections showing line of sight perspectives from the adjacent neighbor's property. Those cross sections demonstrate that the same goal can be accomplished by locating more trees of a lesser height (between 20 to 30 feet in height) along the perimeter. The,interior trees are for the most part only seen once one has entered onto the property. Peo'ple that are coming to the Property have no objection to seeing the building. As such, if the goal is to break the massing and screen the building from the neighbor's property, a greater number of smaller trees along the perimeter will serve that goal. Additionally, the only types of trees that are more readily portable at that height are palm trees which do not provide the appropriate screening that is intended by the City Code. B. The special conditions and circumstances do not result for the actions of the applicant. The special conditions and circumstances are not the result of actions of the Petitioner. The Code allows for 45 foot dry storage buildings. The tree height requirement was realty designed with the 45 foot height maximum in mind. A twenty to thirty foot tree can be more readily found in the marketplace and is more likely to survive the relocation than a larger older tree. Due to the height of the proposed marina, the required tree height would only accommodate trees that provide little to no screening. Typically, the only trees that would be able to meet this requirement are palm trees. Petitioner has provided a line of sight analysis which demonstrates the proposed canopy trees along the perimeter adequately meet the intent of this provision and provide better screening than the provision from which relief is sought. C. Granting the variance requested variance will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Granting of the Landscape Variance will not confer any special privilege on the Petitioner. Petitioner desires to appropriately screen the marina from the adjacent properties, however the trees which would meet the height requirement would not provide the screening necessary to meet the intent of the Code. Petitioner desires to develop an aesthetically pleasing project which will provide lush landscaping and become an asset to the surrounding community and City. There are very few locations that would accommodate a marina and dry storage facility, As a result of the green zone requirement and the State's limitation on the number of wet and dry slips available, the subject marina may be one of the only marinas constructed within the City. By approving this request, the City is not conferring a special privilege, but rather enabling a permitted use to be constructed, meeting the spirit and the intent of the MAP plan, the IPUD and the City's Comprehensive plan encouraging a more active use of the waterfront. D. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter would deprive the Petitioner of the ability to appropriately screen the proposed marina and would work unnecessary and undue hardship on Petitioner. As previously mentioned, the only trees that would meet the City's height requirement are palm trees. These types of trees do not provide appropriate screening. This provision was not originally in the IPUD zoning section but originated as a result of the "big box" ordinance. Typical "big box" development is one to two stories tall. There is no market impediment to finding canopy trees that can meet the 2/3 height requirement for big boxes which would be a 20 to 25 foot tree. The height of the dry storage facility is not comparable to the big box making this requirement impossible to meet. The footprint of the entire marina project is approximately 75,000 square feet which is substantially less than the big box. To hold the 2 uses to the same standard is not equitable and does not meet the intent of the City's Comprehensive Plan. If the goal is to adequately screen the building, the cross sections adequately demonstrate how that can be accom plished. E. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The proposed Landscape Variance is the minimum variance necessary. The intent of this code section is to ensure that large buildings are appropriately screened from surrounding uses. Petitioner feels that the intent of this section is being met by providing numerous canopy trees along the property line as well as within the vehicular use area. As demonstrated by the line of site analysis, the proposed marina will be appropriately screened from the surrounding properties, The substitution of canopy trees for palm trees with a greater quantity along the perimeter meets the City's intent. F. The granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the Landscape Variance will be in harmony with the general intent and purpose of the Code. As previously mentioned, Petitioner feels that the intent of the code is being met through the substitution of more canopy trees along the perimeter and buffer. As further demonstrated by the line of sight analysis, the proposed marina will be screened from the adjacent properties and roadways. G. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property of structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Not Applicable. EXHIBIT "A" - SITE LOCATION MAP CASA DEL MAR NWSP 09-004 COUS 09-004 NOT IN CITY CITY LIMITS ..-..-..-..-.......-..-..-..-..... ..-..-..-..-..-..-..-....... ..- >- ~ :r: -I ~ W o IJJ LL. 2 R-~AA ~ c w ~ <( ..J Z 150 75 0 ~~ 150 300 450 600 5 I Feet DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hemingway Square Medical Office Development PAZ BuildIng EngIneerIng Oce, Llcens. Deputy CIty C/ert ==--- APPLICANT: Robert Vitale, Realty Acquisitions & Trust, Inc. AGENT: Jose Fernandez of Slattery & Associates Architects & Planners APPLICANT'S ADDRESS: 2060 NW Boca Raton Blvd. Suite 2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Request new site plan approval for an 18,000 square foot medical office building on a 1.25 acre parcel in a proposed C-3 zoning district. LOCATION OF PROPERTY: 2319 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA ITER 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 Applic..9J1t ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby /GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other .P~ City Clerk ton Beach Medical Office\Boynton Beach Medical Offi DATED: /-.a~-IO S;\Planning\SHARED\WP\PROJECTS\Hemingway Square 003\00 New 11-09,doc EXHIBIT "C" CONDITIONS OF APPROVAL New Site Plan Project name: Hemingway Square Medical Office File number: NWSP 08-003 Reference: 2ndS! review plans identified as a New Site Plan with a December 7, 2009 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None (All previous comments have been addressed). X PUBLIC WORKS - Forestry Comments: None (All previous comments have been addressed). X PUBLIC WORKS-Traffic Comments: 1. Prior to the issuance of a building permit for the project, a traffic analysis and X notice of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering Division is required. 2. Revise plans to provide required fire lanes in accordance with the LDR, X Chapter 23, Article II, Section B.2 and Section M. ENGINEERING Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. UTILITIES Comments: None (All previous comments have been addressed). X FIRE Comments: None (All previous comments have been addressed). X CONDITIONS OF APPROVAL HEMINGWAY SQUARE MEDICAL OFFICE DEPARTMENTS INCLUDE REJECT POLICE Comments: 4. Construction Site - CPTED Conditions of Approval: Prior to issuance of the X first building permit, the applicant shall prepare a construction site security and management plan for approval by the City's Police department CPTED Official. . The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day and/or any other measure deemed appropriate to provide a safe and secure working environment. . The security management plan shall be maintained throughout the construction phase of the project. Non-compliance with the approved plan shall result in a stop-work order for the entire planned development. 5. Conditions for approval: X . Landscaping shall not conflict with lighting . Landscaping should not obstruct view from doors, windows or walkways. . Building lighting (non- glare) should be around perimeter of all sides and on pedestrian sidewalk. . All perimeter doors should be equipped with reinforced, case hardened strike plate. . Rear door shall have 180- degree peephole or security window. . Delivery doorslbays should be secured with locks and alarm system. BUILDING DIVISION Comments: 6. 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. CONDITIONS OF APPROVAL HEMINGW A Y SQUARE MEDICAL OFFICE DEPARTMENTS 7. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. . A water use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. INCLUDE X 8. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . 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) 9. 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. 10. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning and Building Division (Sean McDonald 561-233-5013) . United States Post Office, Boynton Beach, (Michelle Bullard -561-734- 0872). P ARKS AND RECREATION Comments: None (all previous comments have been addressed). FORESTER/ENVIRONMENT ALIST Comments: None (All previous comments have been addressed). x x REJECT CONDITIONS OF APPROVAL HEMINGWAY SQUARE MEDICAL OFFICE DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING 11. Prior to the issuance of a building permit for the project, all project utilities X along the rights-of-way of Federal Highway and SE 23rd A venue are required to be located underground. 12. Prior to the issuance of a building permit for the project, the 5' wide X reservation on SE 23rd Avenue and required comer clip as shown on the plans shall be dedicated to Palm Beach County and recorded into public record. 13. At time of permitting, revise photometric plan to reduce freestanding light X poles on site from 25 feet to a maximum of 15 feet above grade to be more compatible with residential uses in the surrounding area. 14. Prior to permitting, revise landscape plan to eliminate all sod areas proposed X on the site and add additional ground cover species as accent, to eliminate need for more intensive irrigation zones and need for mowing. Continue same groundcover within dedicated area next to sidewalk south of project and update plant materials list, % native vegetation, etc. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ MWRlkz S:\Planning\SHARED\WP\PROJECTS\Hemingway Square nka Boynton Beach Medical Office\Boynton Beach Medical Office\NWSP 08-003\ COA,doc ~~_}\l"""""",_,_~.__,~""'.l<""'..."~',1"".~~l-OI.I"')Ii:l'O"'l-""l_.\I'7lUlGl.~-1I......,.... .'_' SITE PLAN ~ H'!"II:' ~ Vl -l I'T1 ;0 I~ I> IZ I I . f";il"'-' ! I :g ! : I ~i : ] ,':'i..~..~t'iJ"-,i .;,n. I '.....! I-r i~ ~ ~n II ~ rH " i .. t ! I' . ~ ~ '" ~ " 4 D~.; ~ i i @] m ~! \ .......:----. I ~ 'Il "~~ i " 0 '0 )> ~ ~~ ~ ~ . ;r;l ;; ~'G'G ~. :><: ~ 9 ~, i ~ ~ t~ i~~ C\ h ' . 0 Ii ~ ~~ ~H E j ~" li :;Ct 'G 'G;><. " ~ ~.~ ~~ ":n ::;'!'" ~.5" . , " " . - = .~ ~r ~ 'G ~~ l~l I ~ " 5~ III ;:,~Cl j..... 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OK ~ Q.I "1'><1 Pt..>.K) $l-U<LL Gt: sottl!:Nt:C WI,... .~,!,,~ IM~..klt-'\;Ml..." ....,;H~J.r'4~;,; .pt.;m V..O,:i'E.t-'AJl .~~'-In('i ~~-~~.::~~~~~t:~~~Z;~~~~u~.~i;:Sl>.:)o'lt PLANTING PLAN ~~~~ !~;l~i'!!~L~::Rl,r~~~~'" r~ ~~~" cQ;t-l'i ~~;;~~~::: ~~il~ ~~;~~'':::~;'..~~i.~~'~:;,:~s~~~.::?';~g;;:C,~;J~E.~~~''':::;~~ SC~LL &: '. .. . ~~'l;O -'''O!R::.l::?;....~ SEE SHEU 1.2 ."OR EXISTING VEGETATION INVENTORY SEE snEETS LJ-L4 FOR PLANTING DETAIl.S & SPECIFICATIONS n,~ p4-~ or. basod lXl :'-1~~"-n-'...)~j""'?d(......;..~~ by Sl'" f c..:.c:..,J Ilia ..-mail on. i2.'':ilO'~ a-.,U ;:.:yii J......,"-'-."lJ" by OGE5, ~tcd '!:./~,ve. 0'"Iti rec..ti.,...d"io 4-mo<[ rrurrr S.~ 1M ,Ja-,OXT'I 'e<=t.. * Ti-lESE PALMS MEfT TkE Ht:.IGHT R~CUiREr':ENT CO~;Ci :"";C-:-.S OF TJ-.lf L.:...~:).scAFE COOE :-:ID-~ . ~@._.-- t :f~E $", ~ ~~~ xl;;_ ~- ~ w.y.... \'1lI",\.~1.8 l...d.up~ AfIC.kit"(!IoI..II:, Incal"P4t1l(td L...4.LH.... f.........,. .~'........~.. ,0.1; n_..-..:.ilo..." W...hbo...u.. ......lolo.n.' ,jJ.\~.;Il>l.L_ t'~ ''''11'\);.1'1 ~fL.N,C~S.l'.. ~.....'...,. . . III :;;....~p:.;::;o,"'....',..,_ :....~-~...'''" ~,_:"t<...""",... ::.K<~,..._-..I:.-_""" t::..:=~.~~ ~.~..,.~......~ ~ ~ < < OW~ gu . ;:z ....~U <0< ~..:l~ O<Z ~~~ ~QZ ~~g kr.VISlON~ ":l~-\"';;;;:::::;" -~;:.;;~~;;;;:_._... ..::::!~-~ U:!':w';SI.r;:.i>\' "it;\' ~" "'!Y ~ ,-.u;n::""';T;n;:-:- __~_ ~ ';;J~~-=-~~71:z.... ! c~Fn.e: ll.&tt>.,r ~ ~~T L1 1814 __._M~'~___~__"'_'''_'''''''''''''''''''_.' .....f"o......."" _,'''' ".... ....._....,.j,....... ~,,:l'l." .,;'~/;............ I:' LANDSCAPE ELEVATIONS 110" )> ~ , .,,,'J ~ w .Iit,~!'! ~ il. f -.... o ;;(3',\,;; $; A! Ii'- ~ W II I \" I ~~ i1 'I~ ~ ~ ; ~ ~ ~ :< ~, ~ ~ 5 t ~ .' ".. f ~ \ , t il ;1 E:1 i~ ~ ~ ;~ / 4 ; :J.. ,fZfr ---t;;,--:- - A.- 1/....X1) ---- HEMINGWAY SQUARE MEDICAL OFFICE 23'9 S Federa' Hwy, Boynton Baach. FL 33435 @J ~ ~ ~i, ~ ~ J ~ ~ i. ~ ~ ~ i !2 ~ ~ ~ 0 i ;;; ! 0 , ~ i 1 11 ~ , ; i i;i i' p ~ '" ;Sf;, ~ ~~ ,;;. z~ ~6 tf:l~ . EXHIBIT "A" - SITE LOCATION MAP MEDICAL OFFICES - NWSP 08-003 160 80 0 ~ 160 320 480 640 5 .::J Feet