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Minutes 02-16-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, FEBRUARY 16, 2010 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Vice Mayor Hay followed by the Pledge of Allegiance to the Flag led by Commissioner Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor indicated Item 13.A; dealing with the Employees' Pension Plan would be moved to 3.E to accommodate the attorney, Bonni Jensen. Commissioner Weiland advised he had listened to the citizens of Boynton Beach and the Police Chief regarding the critical needs of his organization and requested Items 10 F and G be tabled until May 4, 2010. Commissioner Ross requested the items be removed from the agenda to address the 17 critical issues raised by the City Attorney. Mayor Taylor added the City could not afford a new Police facility at this time and the matters should be postponed indefinitely. Commissioner Weiland agreed to amend his motion, but requested legal advice on the standing of the City regarding the Commission's direction to negotiate a contract with the developer. Attorney Cherof advise the two appropriate motions for agenda approval would be to either table to a date certain or remove from the agenda. 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Motion Commissioner Rodriguez moved to remove from the agenda as a substitute motion. He did not want to waste any more taxpayer dollars on negotiating a contract. He further moved to cease contract negotiations. Mayor Taylor proposed the issue be postponed for a year. Commissioner Weiland amended his motion to table it indefinitely. Vice Mayor Hay seconded the motion. Attorney Cherof advised the Rules dictate, after a motion to table, there would be no discussion. The motion passed unanimously. Vice Mayor Hay indicated his position has remained against moving the police facility to Renaissance Commons. There are many unanswered questions at this time. A review of the intent for purchasing the land on High Ridge Road and Gateway should be considered and the intent of the Downtown Master Plan. Mayor Taylor declared the idea of a new police facility was dead. Commissioner Rodriguez thanked the community for being engaged in the issue. Mayor Taylor commented the peoples' voice had been heard and commended the Commission for making the correct decision. Commissioner Weiland indicated he had been in favor of moving the police facility; however, he heard the outcry of the citizens and made the decision to table the issue. Mayor Taylor noted it was Commissioner Weiland who had initially requested the postponement. 2. Adoption Motion Commissioner Ross 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 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Commissioner Ross shared the news she had attended the School Board meeting to discuss the modernization of Galaxy Elementary School or the alternative of closing the School. The decision was made to keep the School open and be modernized by 2012. Steve Waldman, Chair of the Education and Youth Advisory Board and Mr. Bressner had also attended the meeting. Commissioner Rodriguez remarked he had attended a workshop offered by Workforce Alliance entitled the "Seven Signs of Ethical Collapse". One of the signs of a collapse was the idea that by doing good on one issue could offset having done bad on another issue. He highly recommended the workshop for all elected officials. Commissioner Weiland requested an update on the canal issue. Mr. Bressner reported Treasure Island was the only area not completed that did not have privately-owned canals. It may have to be sprayed rather than using a harvesting machine. There remains approximately five private property authorizations outstanding to proceed into the private canals. Mayor Taylor wanted assurances that the canals harvested by the machine that had areas that were not accessible, would eventually be sprayed also. Vice Mayor Hay announced the Heritage Fest to be held the February 19 and 20. It would be commencing at 6:30 p.m. on Friday and 11 a.m. on Saturday on MLK Boulevard. There would be entertainment and family fun throughout the event. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present Proclamation celebrating National Eating Disorders Week. Mayor Taylor proclaimed the week of February 21 - 27, 2010 to be National Eating Disorders Week. Max Sureski of the Alliance for Eating Disorders accepted the proclamation and gave contact information for assistance and information on the disorders. B. Permit presentation of an Election Public Service Announcement. Lori LaVerriere, Assistant City Manager, introduced a public service announcement that was created and developed by employees of the City, as requested by the Commission, to promote the upcoming municipal election. It would be broadcast through BBTV and other social media outlets. It included English, Spanish and Creole. The public service announcement was viewed and approved by the Commission. C. Presentation of Election Proclamation by Mayor Jerry Taylor Mayor Taylor read the proclamation for the March 9, 2010 municipal election for Mayor, Commissioner - District 1 and Commissioner - District 3. The location of all polling places was included and could be obtained through the City Clerk's office. 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 D. Presentation by CRA Staff on Boynton Harbor Marina. Vivian Brooks, Assistant Director of the Community Redevelopment Agency, pointed out the Boynton Harbor Marina had been in the plans since the 1980s and was now coming to fruition. It involved the area around Two Georges and Banana Boat restaurants. The planner is MSEW out of Orlando. The area currently looks unkempt with buildings that are not structurally sound, with various Code issues. The entrance way and circulation in the area is not clearly marked. The goal is to attract people to the downtown and local businesses. The plans include iconic lighthouse type features, with lots of landscaping and low lighting for visibility at night. There will be a promenade along the water for the pedestrians to walk along the marina and there is public parking in the adjacent building. The Sea Mist would still operate out of the marina with new facilities to sell their tickets and for storage. It will all encompass a Florida/Caribbean look. The CRA was able to buy the waterfront area to create a water destination point for the City of Boynton Beach. There will be a dock master building that will include public rest rooms. The proposed financing is through the stimulus program and Build America Bonds which allow for the construction of public common areas and destinations. The Bonds will pay up to 45~ of every $1 of interest. It would greatly reduce the cost of financing the project. This funding opportunity will terminate on December 31, 2010. Mayor Taylor was excited about the project as a destination point. It will be pedestrian friendly and will symbolize the history of Boynton Beach and its fishing industry. He thanked the CRA for their work over the years to bring the project to reality. Vice Mayor Hay inquired about any project timeline. Ms. Brooks replied the bonding would have to be finalized by the end of 2010. It would give less debt service on the $6.5 million project. The design and submerged portion that is ongoing has cost approximately $1 million. There was consensus to support the project. 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) Henderson Tillman, 54 Bentwater Circle, was glad to be able to witness the continued development of the marina. He addressed the Heart of Boynton (HOB) and contended there was a pattern of discriminatory practices against the African-American community. The area has been denied the ability to redevelop through the CRA Board, bond funds 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 and federal initiatives such as CDBG monies and federal stimulus bonds. Mr. Tillman alleged the City Manager had deliberately siphoned off CRA monies earmarked for the HOB community. The transfer of public hearings from the .CRA Board to the Planning and Development Board eliminates the opportunity for input from the HOB area. He further asserted the HOB had been systematically "left out" when it came to redevelopment. The suggestion was made that the Attorney General of the United States and the Florida Attorney General should investigate the City of Boynton Beach and the City Manager for violation of the Community Redevelopment Act of 1974. Mr. Tillman stressed there was a systematic elimination of opportunities for African- Americans to participate in the development of their communities. Mayor Taylor indicated the CRA does hold public meetings and there is public input at every CRA Board meeting. The CDBG funds are federally regulated and the City Manager has no access to those funds or the CRA funds. Steven Vizzi, 988 Old Boynton Road, needed assistance with the widening of Old Boynton Road and the potential safety hazard that has been created for his driveway. He had contacted the County regarding the sight distances which were not being met. All users of Old Boynton Road would be at risk. He requested City staff consult the County on the issue before the road opens. Victor Norfus, 261 N. Palm Drive, thanked Commissioner Rodriguez for attending the Historical meeting and the presentation on the African-American history of Boynton Beach. He hoped the information could be shared with others in the community. Mr. Norfus reminded everyone of the Heritage Fest being held and encouraged attendance. There would also be a candidate forum on February 27, 2010 at St. John Missionary Baptist Church. Commissioner Weiland advised he had made a previous commitment to the Little League and would be unable to attend. Commissioner Rodriguez congratulated Mr. Norfus who had made the presentation and wrote a book on the history also. Don Scantlan, 13 Cedar Circle, strongly urged the Commission to consider the opinions of the voters and their negative perception of City government. Conflicts are inevitable and the manner in which those conflicts are addressed and resolved can either destroy or restore trust in local government. Mr. Scantlan gave ten possible steps to resolve conflict and urged the Commissioners to use the information he provided. Bill Curtin, 8010 Stirrup Cay, thanked the Chief of Police and Sgt. King for their assistance with issues involving Citrus Cove Elementary School and traffic problems. There was a next-day response after the complaint call and there has been continued oversight in the area. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Lisa Bright, CRA Director, recalled in 2008, the City established a Green Task Force to improve, promote and sustain the City's environmental sustainability. The Urban Land Institute of Southeastern Florida had selected the Boynton Beach CRA to serve as a sustainable community pilot area. The City was selected based on the governing body's commitment to sustainability, creation of the Green Alliance and former Task Force and the CRA's green incentives to be tested during the study period. The study would address innovative ways for sustainability to serve as a template for other cities throughout the United States. The Gulfstream Gardens project, Casa del Mar and Walmart will be the three projects under consideration. Mayor Taylor and Commissioner Ross congratulated the CRA for the achievement. Herb Suss, 1711 Woodfern Drive, congratulated Commissioner Ross for the Galaxy modernization proposal. Mr. Suss questioned if anyone had contact with Hunters Run relating to additional reused water and if a deal had been made. He further questioned if such a deal were made, how would it benefit the citizens of Boynton Beach. Mr. Bressner responded the City had been requested by Hunters Run to give up the reuse water because it would not be cost effective to have to install a reuse water irrigation system. The South Florida Water Management had allocated 600,000 gallons per day to Hunters Run. Possible reuse of the allocation to eastern Boynton Beach is being investigated. Sterling Village is now using reuse water for all their irrigation. Mr. Bressner disclosed he met with the Council of Presidents of Hunters Run, Mayor Taylor had spoken with the President of Hunters Runs who complimented the City for working with Hunters Run on the issue. Commissioner Weiland had also been contacted. Cliff Montross, thanked the Commission for tabling the police facility controversy. Mr. Montross disagreed with campaign contributions being accepted from developers with pending projects within the City. He hoped the new Commission would discontinue the practice of allowing campaign contributions from developers. No one else coming forward Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Donna Harmening, a regular member of the Library Board. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Motion Commissioner Ross so moved. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor thanked Ms. Harmening who had been on the Library Board for many years. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay moved to table all appointments. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Rodriguez noted he had to table three appointments and encouraged citizens to become involved and submit applications. Vice Mayor Hay wanted a more proactive approach to be taken to seek out volunteers. 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. Approve the Minutes from the City Commission meeting held on January 19, 2010. B. PROPOSED RESOLUTION NO. R10-024 -- Approve Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide for reimbursement of the design of public improvements on Seacrest Boulevard. C. PROPOSED RESOLUTION NO. R10-025 -- Approve a lease agreement with Clear Wireless, LLC ("Clearwire" or "Tenant") to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). D. Approve the monthly report on the major projects being completed by the Recreation and Parks Department. Commissioner Ross pulled Item 6.D for discussion. 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 E. Accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the four month period ended January 31,2010. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.D. Commissioner Ross seconded the motion. The motion passed unanimously. 6.D. Approve the monthly report on the major projects being completed by the Recreation and Parks Department. Commissioner Ross inquired on the anticipated response time from the Florida Department of Transportation (FDOT) and the County on several of the parks. Wally Majors, Recreation and Parks Director, replied Oceanfront Park was set for a preconstruction meeting the next day and should move forward quickly. A response from FDOT was uncertain on the Greenway plans. Commissioner Ross thanked Mr. Majors for all the work on the many park projects listed in the report. Motion Commissioner Ross moved to approve Item 6.D. Commissioner Weiland seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-001), Zoning Variance, located at 3629 and 3675 South Federal Highway. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet. B. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-002), Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet. C. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-003), Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance of 153 feet. D. Wal-Mart at Gulfstream Boulevard, (NWSP 10-001), New Site Plan, located at 3629 and 3675 South Federal Highway. Request approval for new site plan approval for a proposed one-story retail building of 93,755 square feet and related site improvements on a 9.36 acre parcel. Applicant: Wal-Mart Stores East, LP. Mayor Taylor suggested Items A, B, C and D be taken together. Staff and the applicant agreed to consolidate all issues for hearing. Attorney Cherof confirmed the applicant agreed to the consolidation and continued with a brief overview of the procedure to be followed. He administered an oath to all those intending to testify. Ed Breese. Principal Planner, reviewed the requests and advised sufficient sewer and water was available to the project. The applicant would have to make some off-site improvements of water line size and extensions. The accesses would be from Federal Highway, Dixie Highway and Gulfstream Boulevard. There would be improvements on Federal Highway a,nd Gulfstream Boulevard to accommodate the entrances and exits. The Gulfstream Golf Course had written requesting access to the wellheads for maintenance purposes and the plans included the openings on one side of the wellheads for easy access. Delivery trucks to the site would travel on Federal Highway to Gulfstream Boulevard to Dixie Highway and go north to the back entrance to the building. The trucks would dock and exit the site on Federal Highway traveling south. Adequate parking was planned on three sides of the building. The leading edge of the 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 building on Federal Highway would be 68 feet requesting a variance of 53 feet and on Gulfstream Boulevard 276 feet resulting in a variance of 261 feet. It would be 168 feet from Dixie Highway with a variance of 153 feet. The purpose of the Urban Overlay District was to encourage redevelopment of commercially zoned properties in a manner consistent with the mixed-use developments along Federal Highway. It was also implemented to maximize harmony with adjacent properties and restrict parking on the site. The fact the project fronts on three roadways makes compliance with the regulations difficult at best. Staff agreed to support the building providing the facades met the intent of the Urban Commercial District Overlay District with a pedestrian friendly-type fac;ade. The applicant had indicated the design was part of the new branding that Walmart would be unveiling across the country. Staff was concerned because the project is at the southern gateway to the City. The applicant had initiated several fac;ade changes to comply with staff's recommendations. The Conditions of Approval were reviewed. Number 20 required light-pole fixtures not to exceed 15 feet and it was comprised at 20 feet with the wattage being reduced from 1,000 to 400. Number 22 eliminated the split-based blocks on the walls and the applicant provided other surfaces to satisfy the condition. Another condition was added regarding the roofing on the towers. Numbers 23, 24 and 25 were replaced to include on the east ,all the faux windows should include glass, provide the same awning style on the upper windows and faux windows under the raised element on the center of the east fac;ade. With regard to the south fac;ade, the same conditions regarding the faux windows would apply as well as the awnings. It was suggested the fac;ade be changed to create the illusion of several store fronts to avoid the "big box" design with a third awning style. On the west fac;ade, the faux windows and awning comments would remain, together with a different awning and wall-mounted lighting. Condition of Approval 33 was added to provide for a continuous trellis and plantings along the front of the property to wrap around the corner to provide a focal point on the corner. The major disagreement of staff and the applicant was the use of glass in the faux windows. Staff recommended approval of the site plan with the revised conditions and approval of the variances. The position of the building is not as contemplated in the redevelopment plan, but there are limitations and restrictions on the property that prohibit total compliance and not a result of any actions by the applicant. Susan Motley, counsel for Wal-Mart, displayed a presentation locating the property. The proposal includes a 95,000 square foot, full-service grocery and general merchandise store. Wal-Mart is marketing more urban type stores. Lucas Anthony, Civil Engineer, reviewed his educational and professional background. He rioted the existing site is 9.36 acres at the southern boundary of the City and the CRA. The site is zoned C-3, Community Commercial and the proposed use is permitted within the zoning. He noted Gulfstream Boulevard would be re-paved and include a 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 16,2010 right lane deceleration lane into the site and an eastbound left-turn lane into the site. The truck route was reviewed and it indicated there would be one to two truck deliveries a day. The truck dock is depressed four feet to provide some visual relief and is screened by landscaping. It is a one lane drive isle along the back of the store. Another improvement would be the public art and Welcome to Boynton Beach sign on the south east corner of the site. Commissioner Rodriguez suggested more landscaping and buffering be added behind the sign to separate it from the building. Mr. Anthony continued that sidewalks would be placed on Gulfstream Boulevard and Dixie Highway, as well as replace the sidewalk along Federal Highway. It will be pedestrian friendly and handicap accessible. There will be a new bus shelter. Mr. Anthony added the demolition debris would be reused at the site for building pad, base material and the remainder recycled. There will be pervious asphalt in portions of the site so the water will return to the ground water table and be used for irrigation on the site and other purposes. The site will use drip irrigation and the landscape will include native species and be drought tolerant to use less water than a typical store. The site will be 20% green space with 58% pavement. The buffers range from 10 feet to 60 feet and range between two to five feet in height to screen the vehicles in the parking lot from public view. Chris Hagan, Traffic Engineer, gave an overview of his qualifications. He advised the applicant had met with FDOT to review the access. The driveways met the FDOT spacing criteria and did approve the configuration proposed. The staff also approved the driveways as part of the site plan. In conformance with the regulations of the Palm Beach County Traffic Performance standards, a study was completed, reviewed and it revealed that the new store would generate slightly fewer peak hour trips than the previous uses at full occupancy. A letter of concurrence was obtained. The County requested a more detailed analysis and the improvements were agreed upon for Gulfstream Boulevard. An approval letter had been issued. Dave Sims, Landscape Architect, described his educational background and work experience. He reviewed the relocation of many species of tress and plants already on the site. The berm height on Federal Highway would be seven feet at the time of planting. There would be taller Royal Palms along the side of the building. On the southern corner there would be larger canopy trees and tie the buffering into the theme around the entire site. The intention would be to make the corner very special as the gateway sign. Ms. Motley described the more decorative lighting that would be utilized. There would only be turf along the perimeter to reduce the need for water and limiting the maintenance costs. There is a monitoring system in place to gauge the need and use of the water for irrigation at the site. Mike Blinn, with BRR Architecture, reviewed his qualifications. He had designed the decorative fountain that would be 17 feet high and 15 feet in diameter. The marlins are a wind sculpture and further work will be needed. The canopy behind the fountain is about 20 feet. Commissioner Rodriguez suggested the fountain be larger. Mr. Blinn explained the focus of Wal-Mart was to create a new brand with a massive re- 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 organization. Their entire image is changing based on customer input to generate more business. The entrances have been downsized and include a canopy with a transparent affect. There are several natural light windows within the break room, training center and restaurant area. Many changes have evolved tncluding the height of the tower elements, adding corner elements and canopies to avoid the box design. Ms. Motley advised the applicant was in agreement with all the Conditions of Approval with the exception of two issues. The first is the roofing on the tower features and an approval for the requested changes had not been received. There was also no approval for the real glass. Mr. Blinn explained the real glass had created maintenance issues and problems with condensation behind the windows and that would deteriorate quickly. There is also a security issue with real glass and smash and grab crimes where there is shelving up against the windows. Mr. Blinn added the additional awnings would create a consistent design. Ms. Motley summarized there was uniqueness to the property with a major utility easement and it fronts on rights of way on three sides. Staff recommended approval of the variances and all the criteria for the variances have been met. She requested the qualifications of the witnesses and the PowerPoint presentation be made part of the record. She urged the Commission to approve something that would be a wonderful addition to the City of Boynton Beach. It would bring jobs to the area, with career growth an important factor. Mayor Taylor called a five-minute recess at 9:06 p.m. Mayor Taylor reconvened the meeting at 9:15 p.m. Mayor Taylor opened public hearing and asked that the speakers not be repetitive and stay within a two minute time period. Robert Ganger, President of the Gulfstream Civic Association, challenged the Commission to approve a plan with a view to creating the safest, most beautiful and most neighborhood compatible Walmart within the State of Florida. For safety concerns, he suggested the store hours be limited to 7 a.m. to 11 p.m. and restrict nighttime use for parking of transient recreation vehicles. The landscaping should be beyond the Code standards to represent Boynton Beach. Price Elam, with Boynton Waterways Investment Associates, owner of the Promenade condominiums echoed the comments of Mr. Ganger. His organization had made an enormous investment in the City and supported the Wal-Mart project and the continued development of the retail Federal Highway Corridor. It will provide services and jobs to the citizens and promote continued growth in the east side of the City. Mike Myer, resident of Place au Solei I in Gulfstream, spoke about the link between crime and Walmart. He had spoken with the Police Department and there was no analysis done. His data indicated of the 68 Walmart stores in Florida, there were 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 23,000 incidents of crime. Nationwide there were 3,000 violent crimes. The current store on Old Boynton Road had 597 reported police incidents. Mr. Myer inquired about the plans for security and crime. Kimberly Chase, 3612 SE 2nd Street in Gracen Heights along Dixie Highway, complained about the proposed developments that had not materialized and left vacant lots between the railroad tracks and the single-family homes. Many of the homes on the adjacent streets have been robbed. She expressed concern with a 24-hour Walmart and increase in crimes, added noise and traffic flow. Regular hours would be helpful. Kenneth Blair, 920 Roberts Road in the development Tradewinds, worked in the construction industry. He spoke for the homeowners association of Tradewinds and raised concerns over the safety issues. He urged a restriction in the hours to 7 a.m. to 11 p.m. The transients and recreational vehicles were an issue and the lighting along Federal Highway was insufficient. The railroad crossing also created an issue of traffic delays with long trains that should be addressed. His goal was to keep his neighborhood quiet and safe. Thomas Trivolsey, a resident in Tradewinds and a member of the Board of Directors of the homeowners association, pointed out the current sewer and storm drains taxed the lift stations. He wanted assurances that the Walmart facility would not further strain the system. Alyse Deschryver, 3115 Karen Drive in Tradewinds asked that a decision be deferred on the project since notice to the residents had not given the homeowners sufficient time to investigate the impact on property values. She noted there would be additional traffic with new developments and a new school in the area. Stella Rossi, 625 Whispering Pines Road, spoke for the coalition for Wilderness Islands, a group dedicated to purchasing eco sites in Palm Beach County. The areas are passive parks such as the Seacrest Scrub. Ms. Rossi suggested the lighting be reviewed and, if necessary, downward shielding be required. Studies showed that 24- hour lighting disrupts the cycles of flora and fauna. Controlled burns are required in scrub areas to limit "exotic plant infiltration that destroys the native growth. She had not heard any reference to any type of solar energy being used. Debbie Bradley lived in Boynton Bay Court and wanted a Walmart to be built on Federal Highway, but closer to her residence further north. Lorraine Jackson. 1701 Boynton Bay Court, thought the Walmart would be nice for the economy and the jobs, but safety concerns were valid. Jobs were a priority and many of the residents in her area could use public transportation to shop or work at the store. Robbie Henry, 410 Boynton Bay Circle. wanted a Walmart off of Gateway Boulevard. 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Adda Murdock, 458 Boynton Bay Circle, wanted a Walmart on north Federal Highway. Jobs were needed to get more people off the streets and reduce crime everywhere. Susan Mabe SW 6th Street, contended the City could do better than welcoming people to Boynton Beach with a Walmart and low prices, low wages, higher crime, higher traffic. She noted the Wal-Mart representatives used the words fac;ade, illusion and faux creating smoke and mirrors and the City could do better. Restaurants or salons would be better to increase the tax base than a Walmart. Encouraging the local community to get involved was vital. She questioned if the estimation of one to two trucks included vendor vehicles or just Wal-Mart trucks. All the improvements suggested were strictly for the benefit of Wal-Mart and one store in Boynton Beach was sufficient. Malcolm Murphy, 815 Tangerine Way in Place au Soleil, Gulfstream, suggested landscaping could be more effectively used to become compatible with the environment of a quiet residential area. He presented pictures of other retail businesses that had accomplished better use of plantings. Mr. Murphy urged the Commission to make a bold iconic civic statement for people entering the City from the south. Lisa Bright, CRA Director, clarified in April, 2008 she had spoke with the Town of Gulfstream to seek support for the purchase and acquisition of the strip club and a letter of support from the Town. At the time, she was advised by the Mayor of Gulfstream that Place au Soleil was not the real Gulfstream. She read into the record portions of an article on the CRA acquisition of the strip club. "It sounds good to me and Gulfstream supports the plan." A Place au Solei I resident indicated in the article, "it's a big negative, said Joseph Spadefore, Homeowners Association President of Place au Soleil, a 95-home Gulfstream community near the club. You are not going to have a nice family shopping center if you have this thing right on the corner." Ms. Bright assumed the Walmart project was supported by the area residents. She also brought up that Club Ovation was so dangerous that Eminem in 2005 would not allow his band to come to Boynton Beach. Ms. Bright stressed that the CRA did not have site plan authority and the goal was for job creation and implementation. The CRA has a five- man Police Department and she confirmed with the Chief of Police that the entire Boynton Beach Police Department would be addressing any issues at the site, if necessary. The crime statistics show a decrease in crime of 2.7% due to the additional policing within the CRA district. The 2009 crime statistics for the Walmart Super Center were 294 crimes of which 239 were shoplifting. Wal-Mart's crime prevention program requires the police officers to file reports that consume police time. Ms. Bright also reported that of the residents in the CRA district, 88.9% only have a high school education and 23.1 % have a Bachelor's degree. The economic development plan dictates that incentive programs should be created for small businesses, but the CRA should link residents to job training opportunities and recruit businesses to provide local employment. The housing need assessment supports the data. Wal-Mart's average job would have a salary of $11 per hour, health care, retirement options and 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 job advancement. The unemployment rate in the CRA district is 11.8% and the national average is 9.7%. Commissioner Rodriguez, who lived in the CRA district, wanted the police to be policing the neighborhoods and not at the Walmart store. Mayor Taylor stressed the entire Boynton Beach Police Department would be available and not just the CRA Police unit. Steven Holzman, 206 West Ocean Avenue, stressed the public was clear what they wanted for the project and everyone present supported the Walmart in some fashion; however, landscaping, safety and lighting needed to be addressed. The project has been rushed to make a decision that could be overturned in the near future as in other recent decisions made by the Commission. Mr. Holzman suggested higher landscape features be encouraged and areas of concern be addressed before approval is granted. Dan Rawl, 7255 Le Chalet, did not want a Walmart at all. He contended when a Walmart is opened, the retail average income drops by 1 % and grocery stores drop the average income by 2%. Walmart considers 34 hours as full time and health insurance and retirement plans are employee paid. The result will be family-owned businesses will be forced out of business. As a small business owner within the City, a loss of 10% of his business to Wal-Mart would bankrupt his business. Victor Norfus, 261 N. Palm Drive, indicated the area did not have other businesses operating 24 hours which would attract a different type of clientele. Wal-Mart offers a higher quantity of jobs rather than higher quality jobs There would be no guarantee the jobs would be given to Boynton residents. Mr. Norfus suggested the Commission listen to the concerns of the residents and incorporate those controls into the proposal. Ralph Skerinky, 630 Allen Avenue, Delray Beach, supported the project, but the Wal- Mart presentation was discouraging and disappointing. More landscaping was needed and a 24-hour facility was not needed. The store would be taking taxpayer money and stressing the municipal services and dumping traffic onto Federal Highway. It was his contention the project should not be rushed and be given more thought. Wal-Mart has better lawyers and more money so all conditions should be in writing before any approval is granted. Herb Suss, 1711 Woodfern Drive, felt Wal-Mart was dictating to the City and altering the established quality of life. He favored the project; however, traffic, security and hours should be resolved before approval is given. He was concerned with only one building entrance and exit and the safety of the customers. Ned McDonald, a resident of Place au Solei I in Gulfstream, noted the cost to Boynton Beach for the Walmart store had not been presented. Mr. McDonald had requested the Planning and Zoning Board to involve the Place au Solei I residents in the planning of the site two years ago. Meetings have been held relating to the Walmart store without 15 Meeting Minutes Regular City Commission Boynton Beach. FL February 16, 2010 the knowledge of those residents. Mr. McDonald's concerns were safety and moving the bus stop closer to the gate to Place au Soleil attracting more criminals to the area. A larger berm for additional landscaping would be helpful and would allow for better signage at the site. Brian Edwards, 629 NE 9th Avenue, was disappointed because he had supported the project, but based on the public input, he saw a continuation of the trend of the Commission to not fully scrutinize the projects. Commissioner Ross understood, after meeting with Wal-Mart representatives, that there were public meetings held. Ms. Bright contended the disconnect was the fact the CRA had no legal authority over the site plan. She knew Mr. Rumpf did follow the required notice regulations. Jim Knight, 740 Havana Drive, Boca Raton, had been involved with the property since 2003 and remembered the violent gun fights, prostitution and strippers previously at the site. Those influences are gone now due to the City of Boynton Beach and the owners of the property. A joint effort garnered the funds to buyout the establishments. On January 26th he had met with Bill Thrasher, Town Manager of Gulfstream, and spoke with Ingrid Kennemer on February 3rd who indicated some residents had questions and concerns and a meeting should be organized. The Town of Gulfstream never contacted Mr. Knight for any type of meeting. The project has been properly advertised and notice posted for ample notification to the adjacent residents. He put into the record copies of the notices and pictures of the Walmart Super Center to illustrate the upgrades of the proposed store. Those materials are available in the City Clerk's office. Mr. Knight requested the project be approved. Carl McKoy. 69 Citrus Park Lane, inquired if studies had been done to compare other cities the same size and population that have two Walmart Stores. Mayor Taylor indicated it was a new concept for urban areas that Wal-Mart was initiating in Boynton Beach. Mr. McKoy suggested the 24-hour shoppers could utilize the Walmart Super Center rather than have the extended hours in a residential area. He did not want Walmart and the visual impact to be the southern gateway to the City of Boynton Beach. Creating a better landscaped gateway should be given further consideration before approval is granted. Ingrid Kennemer, 810 Tangerine Way, a resident of Place au Soleil and property owner of multiple properties within the City of Boynton Beach clarified she had attempted to exchange contact information with Mr. Knight and the President of Place au Soleil homeowners. Ms. Kennemer stressed she did not represent Place au Solei I in any manner. She wanted to see pictures of other stores based on the new urban branding and the viability of making u-turns at the intersection of Gulfstream Boulevard when traveling south on Federal Highway. It is difficult for semi-trucks to make turns in the intersection and the railroad crossing created stacking that was currently 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 problematic. The intersection and traffic flow should be more closely evaluated before approval is granted. Bill Thrasher, Town Manager for the Town of Gulfstream, expressed his opinion that many of the residents of Gulfstream, the County pocket and Boynton Beach were not aware of the Walmart project. He indicated Ms. Bright had not mentioned a Walmart store when she initially spoke before the Commission. He respected the Commission, but felt he had not been fully informed of the project and many residents of the area had the same complaints. Mayor Taylor recalled Mr. Thrasher had attended the Planning and Development Board meeting when the project was first discussed and yet had not informed the Gulfstream residents of the proposed project. Mr. Thrasher advised he did inform the Commission. His review of the plans noted the landscaping, parking and traffic requirements had been met and exceeded, so he trusted the Commission would act in the best interest of the City of Boynton Beach. Mr. Thrasher explained he had requested the matter be tabled and his remarks were ignored. Mayor Taylor countered staff had met with representatives of the Town of Gulfstream and Place au Solejl and addressed the concerns before the matter was brought to the Commission. Commissioner Weiland commented he heard remarks that the project should be held in abeyance awaiting the election of a new Commission, the complaints of the adjacent residents about the strip club and Ovations club, but no one offered any help or any money. The project could be approved and done correctly with additional landscaping, a berm and proper lighting. As a resident of over 30 years, Commissioner Weiland remembered the site being fully occupied with retail and restaurants that generated as much traffic then as now with one Walmart. Most of the traffic would be during daytime hours. The same complaints of doom and gloom are raised with every project and it hinders progress within the City. A strong Commission is needed that is willing to make decisions and move the City forward. Commissioner Rodriguez contended it was not about moving forward, but doing the right thing, the right way. The project had to satisfy the needs of the City to move forward and the citizens who live in the area. He did not oppose the Walmart project, but realized concessions on both sides would be needed and there were many unanswered questions. The cost of the services to support the project needed to be calculated and he proposed the matter be tabled until further information is available and discussions with the citizens scheduled. Vice Mayor Hay stressed the creation of more jobs was paramount and more TIF monies coming into the City was crucial. He also advocated the concept of doing it right the first time and there were outstanding issues that should be resolved. His position was to go slow. get the answers in black and white and have further discussions before moving forward. 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Commissioner Ross disclosed she had met with the Wal-Mart representatives and recalled information about a traffic study; however, more evaluations may be beneficial. The landscaping anp lighting should be discussed further and the employment outlook for Boy~ton Beach residents explored. Mayor Taylor contended many of the issues raised were addressed in the presentation. On the issue of crime, there was an assertion that criminals hang out at Walmart especially with 24-hour shopping. He pointed out the Mall had a murder and it was not open 24 hours. Crime is everywhere and the Police Department does an excellent job covering the entire City with an impressive response time. A policy could be established to not allow any recreational vehicles to park overnight that can be enforced. Further lighting restrictions can control its impact on the surrounding areas. Mayor Taylor emphasized that none of Place au Solei I is visible from Federal Highway and the Town of Gulfstream never notifies Boynton Beach of any of its projects or plans. However, the City did support Gulfstream on the issue of the high condos planned for Briny Breezes. The Tradewinds development voted against annexation into the City of Boynton Beach even though the City upgraded the sewers and water lines. Yet, both Gulfstream and Tradewinds now want to dictate the parameters of this project within the City limits. If there were questions by the Commission, they should be asked and answered. Commissioner Ross understood Mayor Taylor's frustration and optimism for the project. Vice Mayor Hay inquired if Wal-Mart would consider shorter hours of operation. Ms. Motley replied unless all retail stores in the City were given restricted hours, Wal-Mart would not agree. Being competitive was essential. Attorney Cherof pointed out there were rules of decorum and the business meeting could not be disrupted. Officers were present to enforce the rules. The Mayor was directed to issue warnings to be certain the rules were obeyed and the business of the Commission could be completed. Vice Mayor Hay requested more information on the lighting. Ms. Motley reported Wal- Mart had agreed to shorten the poles to 20 feet and erect decorative poles and lighting with lower wattage as requested. An example of the new lighting fixtures was displayed. Vice Mayor Hay questioned if internal security would be provided by Wal- Mart. Ms. Motley responded cameras are throughout the parking lot and within the store. Loss prevention officers would be in the store at all times and additional security personnel. The philosophy is the store reflects the community around the stores and an unsafe store was not acceptable. A safe environment would attract consumers. The statistics discussed earlier are from the internet and very suspect. Any retail store has issues with crime and shoplifting. The actual statistics can be obtained. Most of the police calls are due to Wal-Mart's enforcement of shoplifting laws and due to the volume of consumer traffic incidents. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Vice Mayor Hay wanted to revisit the traffic study and the outcome of the evaluation. Mr. Hagan reiterated at full occupancy in the prior shopping center, the anticipated volume would be less on a daily basis even during peak hours, using the adopted rates of Palm Beach County. Commissioner Ross wanted further information on the landscaping and berms. Mr. Sims replied the berm would allow the plants to grow taller. Although natives were preferred, there are many other species that are available that are drought tolerant and do not have seeds or distributed by birds to become invasive species. The plants have to be chosen carefully. Commissioner Rodriguez inquired if the building itself could have more buffering. Mr. Sims agreed. Ms. Motley cautioned that some allowance needs to be given for growth. Mr. Sims added heightening the berm can have a negative impact too. It would be much healthier to allow the plantings to fill in by themselves Ms. Motley agreed to work with staff to increase the buffering where possible. Commissioner Rodriguez requested clarification from Chief Immler on the impact of adding another Walmart within the City. Chief Immler reported the number of crimes generated by the existing Walmart was primarily a shoplifting problem. Fraud and forgery cases were the second most crimes. Traffic incidents and burglary to autos were also reported. In total, there were 989 calls for service during 2009. The Mall generates about 800 calls per year. The figures are skewed because the Mall employs several officers during the holiday season who handle incidents that do not go into the call center to be documented and their presence deters considerable shoplifting. Shoplifting constitutes 19% of the crime in Boynton Beach and most of those are generated by store loss prevention personnel. A shoplifting call, especially those with a value of $300 or more, is labor intensive. The entire City had a 4,000 call increase in shoplifting. The manpower deployment issue would involve the road patrol officers responding to the Walmart calls. The CRA force would not be utilized unless they backup a call to the store or are in the area. The call volume shifts temporally and geographically. There are ways to mitigate some of the workload that could be discussed with Wal-Mart. Mayor Taylor compared the call volume with the prior occupants and Chief Immler added all officers, including many from the Sheriffs Department and adjoining departments would respond to those calls. Twenty police officers have been added since the club was closed. Commissioner Ross confirmed that more officers would not necessarily be needed if a new Walmart were added to the City. Chief Immler agreed. Commissioner Rodriguez inquired of the City Manager of any economic impact on the City. Mr. Bressner responded the impact would be minimal. The CRA would realize the increment and tax increase. Ms. Bright noted the City would continue to get the increment it has always gotten, but for this store, the project tax increment would be $81,205 a year which would be shared in a job creation TIF the first ten years for a150 full-time employee equivalent. 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Vice Mayor Hay inquired what could be done to assure the City of Boynton Beach residents receive a high percentage of the jobs. Ms. Motley advised, by law, individuals from a particular City cannot be given preference, but local job fairs can be held, advertisements in local newspapers and interview locations within the City would promote the hiring process. It could be a Condition of Approval that Walmart will designate locations for job interviews and job fairs. Commissioner Rodriguez suggested the Workforce Alliance be considered. Ms. Bright asked to be a part of the process as it would be part of the TIF agreement and part of the economic development plan. There was consensus to add the employment agreement as a Condition of Approval. Attorney Cherof confirmed the applicant had presented its case in full. Motion Commissioner Weiland moved to approve relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to approve relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to approve relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet. to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance of 153 feet. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to approve a new site plan approval for a proposed one-story retail building of 93.755 square feet and related site improvements on a 9.36 acre parcel 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 16,2010 with Conditions of Approval 34 that would give Boynton Beach priority for job announcements and employment opportunities and job fairs with the exception of condition 22 as being rejected and reject the first requirement of conditions 23, 24 and 25, plus the berm to be increased to utilize the full extent of the 4-1 slope where possible and include more trees to scale and a prominent feature on the corner as a gateway. Condition 33 needs to be amended to expand the trellis as shown. Commissioner Weiland seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-026 -- Amend the FY 2009-2010 budget to adjust budgeted appropriations to (1) provide spending authority for Capital Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. Mr. Bressner reported budget adjustments were needed to move some Capital Improvement Projects and to account for the stimulus funding and energy block grant. Mr. Atwood noted some of the design work had been done and legal fees for a total of approximately $100,000 were owing. Mayor Taylor suggested the money be spent that is obligated and remove the rest. Motion Vice Mayor Hay so moved. Commissioner Ross seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-027 -- Approve an updated Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. Mr. Bressner explained the Cultural Centre was interested in modifying their fund raising mechanisms. The City would continue to cover the operating costs and the salaries for the Executive Director, but the position would report through the Cultural Centre. The Board of Directors would be modified to include two City representatives. The Library Director currently sits on the Board and the City Manager or his designee would provide oversight to the Cultural Centre. Commissioner Ross felt it was good news involving the Children's Schoolhouse Museum, the Executive Director and the Administrative Secretary. The personnel would shift away from the City and report to the Museum Board and would be responsible for fund raising. The City's roll would be on an annual 21 Meeting Minutes Regular City Commission Boynton Beach, FL February 16,2010 basis for the appropriations for the Museum that would become part of the overall budget. Brian Edwards, 629 NE 9th Avenue, was present on behalf of the Cultural Centre and appreciated the opportunity to take a step and a move in the right direction to provide flexibility to allow the Executive Director to work more in a fund-raising capacity. The hope would be to become financially independent. The current goal was to raise money for the Museum. Motion Commissioner Ross moved to approve an updated management agreement between the City of Boynton Beach and the Boynton Beach Cultural Centre. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Authorize disposal of portable stage equipment by auction or other method (eBay) due to high labor and maintenance costs of operation. Wally Majors, Director of Recreation and Parks, explained the stage was purchased in 1989 and over the past five years had cost $9,000 to maintain. The costs will increase. The setup and breakdown is challenging and consumes five to six hours with a crew of five employees. The stage is being used by the City twice a year and by outside organizations a total of 14 times since 2008. There has been a total of 460 hours of labor for the various events. He suggested for future uses the stage be rented and included in the budget for each event or offset by sponsorships. The option of purchasing a new stage would cost $90,000. The recommendation was to rent a stage when needed and seek sponsors to offset the cost. Mayor Taylor declared there was consensus to authorize disposal by auction or other method. D. Authorize issuance of an RFP for Towing Rotation Franchise Agreement. Mayor Taylor advised he had been furnished with documentation on towing agreements in Ft. Lauderdale and Davie relating to law suits and franchise fees. He suggested the materials be furnished to the City Attorney and postpone the matter until it is fully reviewed. Motion Commissioner Rodriguez moved to table. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. Follow-up staff report on Seacrest tree planting. 22 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 Debbie Majors, Grants Coordinator, related Commissioner Rodriguez had requested funding opportunities be sought for tree planting along Seacrest Boulevard. It would be necessary to work with Palm Beach County as it is a County road. The Urban and Community Forestry Grant Program provides funding through the Department of Agriculture up to a maximum of $60,000. The only drawback was it did require a 50% match of non-federal funds. An application could be completed and permits obtained from Palm Beach County. Mayor Taylor outlined the option of having staff complete the application and amended the current CIP to include $11,375 in fiscal year 2010/2011 for the City's 50% match. The second option was for staff to continue to seek alternative funding sources with no required match. Commissioner Rodriguez was in favor of matching grants and offered that $11,000 could be found in the budget. Mr. Bressner felt funding without a match could be found. If not, the CIP would have to be amended. The funds would not come out of general operating monies. Motion Commissioner Rodriguez moved to authorize the grant application with the matching funds. Vice Mayor Hay seconded the motion. The motion passed 3-2. (Mayor Taylor and Commissioner Weiland dissenting) F. Provide direction to staff to proceed with selection of an Architect/Engineer for the purpose of designing Police Facilities at the Renaissance Commons office building located at 1500 W. Gateway Boulevard. (This item was previously withdrawn.) G. Follow-up Discussion on proposed purchase contract for office space located at 1500 Gateway Blvd for a police facility. (This item was previously withdrawn.) 11. FUTURE AGENDA ITEMS A. 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 Agency 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 Apri/2010) 23 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to Apri/2010) 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 10-006 - SECOND READING -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". Attorney Cherof read Proposed Ordinance NO.1 0-006 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. Mr. Bressner stated, "There is no actuarial impact at all with the changes that would cost the City. It is basically cleaning up language that has been in the Ordinance for years." 14. UNFINISHED BUSINESS None 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 11 :45 p.m. 24 Meeting Minutes Regular City Commission Boynton Beach, FL February 16, 2010 BOYNTON BEACH ATTEST: Yn. 25 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA - PROJECT NAME: Walmart at Gulfstream , oeveIOP""'" P&Z Bulldl"9 E"glneerlng Occ. Lle....clerk Deputy C\ty APPLICANT'S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc. --- --:::: APPLICANT'S ADDRESS: 601 21st Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone for front and side property build-to lines, on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. SCANNED MAR 11 2010 City Clerk's Office x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accord and conditions of this order. 7. Other DA TED: ~1;l:--'" j /1) :l-c7j () S:\Planning\SHARED\WP\PROJEC rS\WaIMart\Walmart @ Gulfstream\ZNCV 10-001, 10-002 & 10- 003\00 New 11-09.ooc EXHIBIT "D" Conditions of Approval Project name: Wal-Mart @ Gulfstream File number: ZNCV 10-001, ZNCV 10-002, ZNCV 10-003 Reference: DEP ARTMENTS 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: l. Staff recommends certain architectural enhancements (as detailed in the COA's for the concurrent NWSP staffreport) in exchange for the greater X setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT 2. Provide a continuous trellis (pergola) and plantings along the front of the property extending east from the south driveway to the south side of the X central driveway on the east side. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. Revise # 2 to provide a continuous trellis (pergola) and plantings along the X southeast corner of the site in conjunction with the art feature and welcome sign, as depicted on the renderings presented at the hearing on 2-16-10. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\Walmart @ Gulfstream\ZNCV COA's (J ,2,3).doc EXHIBIT "A" - SITE LOCATION MAP WALMART AT GULFSTREAM BLVD ',~, ~~ . REC , ;^ ,', -, , .-, -':{" I- U o Z N UJ R-1A tJ) I PUD ..-.. -..- ..-..-.. -..-..-. --..-.. CITY LIMITS '..<I..", ,~...>>~, " \.jl~'..H" ..,~).'I'-._'>~ '\,.~ I<',.:';;l'~ 1"""-'" I ! EXHIBIT "B" :;"I,'I<WI ..in.....,', ~':;.tI~ "(;,,,'..,(!.ot''.,(''t~'l,\'.~().j{1 r,.,.. P''''''~^', (..)><:, ,.fi ("...;' ))<, '. 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()~~)00~OO@@~OO~00~00~)G~~~)0)@0000~)0800R8~0~M "", " ~ ~ "r'I~ i 1 Ii, I - ~.r. L! ~ :.; ~...!. 'm; i , !~ _,,1, ,.[ .; " 'f',." z i .~ H Or IH ,. / r~ t ~ ': i , ;o.._~ 1mart~:~,BOYNTON BEACH STORE #5911-00 GULFSTREAM MALL "'",[V. EU,C;.; '..\~\.M", SITE PLAN ." ;:":~~~~~~~~- g~~~~i,~.c {:'ti';i!:"~'i'" "'~~:'~.~'~,~:,~<':~~>' ~7'~~-::-"" 'L:"RK'" , W:'\..:.;..,.~...:~;,=\:::.:',;;."..!>o.t.... '" tlll:JllVJ tI$..,.,. !~'OJ \,:> I ~~ : N i!~ ~, ~Q ~ EXHIBIT "Bi' '''iOH liH "1, T f , ~" " i ~'iij ~ ,~ ! ~~ ~~; ;f ~ i~ ~ ~ ~ ~~e~. ~ ~f: F ~~i ; i It; i ~ ;:! ~;i ~~ .I !"~ ' 1 lit, ~ !! !~I 'I. "f ! P' . ~;~, ~ ~~(, . f< i ~ ;.~; " , i r! .giinnGH ~ n ~f i ~(", ~.~ ",l, ~," ~ ~~,~ )~ ~ ~ f.!i H~. W. ~ J:Ji ,to .,,' .J i !. € I It,~,; t~ ,~~ ! ; i:\ ; ! ".., ! ',' I',' '; ! I' " ~ l ' J ,~. ~ ""' I I l "\ I ,,-t I ~ ~ ;:' ~ ~ t J':~ f ~ i : t ' t i ur, ! ~ ~, ~ i t ~ en HIi ;IniOn , r ~ s' · " if , ' , ; , ~ ~ II !!q!! ~\ i! h ; p q t(, (i ~ i !; I il ~ '1 f,!! I" ,r ; - H ~ ~' .' J" " ~ r ,. <>' 0 . l !; \' q ~ ( i ;;l 'i [i '! III . : ~~0;11~mlf~~0 !' :m ~l i H f pip P ~ ~ ~Hm Ii . p ~ , !h ! ! t i ~ '! ;'~1 ;, "t ~ g , ~, r, f,;'; f;1 ~~, r.1 r ~ > i r .. · , , , f I ~ II" I,' \,', , 'l"!!! ~. ~ .t' :' , . H." ~. !';:- [" 'f , . ,I ,t ~. , ~ \: ~-.8"",O,p \WICIUlUUIllIlI ~ dB"'" BOYNTON BEACH. I'L SlORf. t.lO.101Jtl EXHIBIT "e" EXHIBIT A to City of Boynton Beach Planning & Zoning Division's Code Variance Application Statement of Special Conditions. Hardships or Reasons Justifying the Requested Variance: A. That 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. Response: We have attempted to accommodate to the extent possible the design requirements of the Urban Commercial District Overlay Zone to have buildings as close as possible to Federal Highway. The shape of this parcel of land, however, does not allow for an efficient commercial building because to keep the building along the street would require the building to have angled walls. lbis configuration would cause the interior layout of the store and operation of the store to become unacceptable, for efficient operation. It is our understanding that this design preference was intended for a mixed use development, including residential, on an individual site. This particular parcel will have an exclusive commercial use. Placing the building closer to Federal Highway creates a problem for access to the truck dock which is an integral part of the successful operation of a retail store. Trucks entering the site at the northern entrance would not have enough space to maneuver and to use the truck dock efficiently. Putting the building on or near the Federal Highway property line would mean that the truck dock, the compactor, and the recycling storage areas would be in close proximity to customer parking which could create an unsafe condition for customers as well as truck deliveries. The reason for this is that if the store were placed closer to Federal Highway, a larger amount of the customer parking would have to be in the rear and side of the store. Another reason is that on the Federal Highway side of the parcel, existing water and sewer mains run the entire length of the parcel. To accommodate the overlay design, these water and sewer mains would have to be relocated or removed. This would vastly increase the cost for off-site improvements and would cause substantial disruption of service to other areas of the City because the water and sewer lines serve other areas. B. That the special conditions and circumstances do not result from the actions of the Applicant. Response: The special conditions and circumstances are not the result of actions by Walmart. The shape of the parcel and the conditions and circumstances set forth in response to Subsection A. are not the result of actions by Walmart. RM:7107800:1 C. That grantinf! the variance requested will not confer on the applicant any special privilege that is denied bv this Ordinance to other lands. buildings or structures in the same zoning district: Response: The granting of this variance request will not confer on Walmart any special pnvlJege. It 1S the result of the special conditions and circumstances set forth to the responses above. D. That literal interoretation of the provisions of this Chapter would deprive the applicant of ri~hts commonly en;oyed bv other properties in the same zoning district under the terms of the Ordinance and would work unnecessarily an undue hardship on the Applicant; Response: The enforcement of the overlay design requirements to place the proposed Walmart store closer to Federal Highway will result in the inability of Walmart to construct a commercial building on the property. This building will serve the community as well as any new residential development in the area. In other areas with the same zoning commercial zoning, a property owner may place a building anywhere on the site so long as the site plan meets the setback and open space requirements of the City Code. E. 'That the variance granted is the minimum variance that will make possible the reasonable use of the land, buildinf! or structures; Resvonse: In recognition of the overlay design requirements, the store has been located as close to Federal Highway as is possible recognizing the unique shape of the parcel and the proposed ultimate commercial use of the building. F. That the grantinf! of the variance will be in harmony with the general intent and purpose of this ChaTJter and that such variance will not be iniurious to the area involved or otherwise detrimental to the public welfare. Response: This variance request is not a request for a use variance. The proposed use is consistent with the property's commercial land use designation and commercial zoning. The granting of this variance will actually benefit the area involved and the public welfare by bringing new commercial development to the eRA district and the City. G. . Variances to minimum lot area or lot frontage requirements, that property is not available from ad;acent properties in order to meet these requirements or that the acquisition of such propertv would cause the adiacent prooerty or structures to become non-conformin~. Avplicant shall provide an affidavit with the application for variance statinf! that the above- mentioned conditions exist with respect to the acquisition of additional property. Response: This provision is not applicable to this variance request. In conclusion, we respectfully request the granting of this variance because it will permit the construction of a new full service grocery and general merchandise Walmart store for the RM:7107800:\ 2 Boy.nton Beach community. This should provide synergy for additional eRA District development. We respectfully request that due to all of the reasons stated above, particularly recognizing the limitations of the configuration of the parcel and other issues such as the existing water and sewer mains, the City grant this variance request. RM:7J07800:J 3 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA , , PROJECT NAME: Walmart at Gulfstream Development P&Z Building Englne.rlng Occ, Licea, Deputy City CIIrt APPLICANT'S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc, APPLICANT'S ADDRESS: 601 21st Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval of a one-story, 93,755 square foot retail building on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. SCANNED LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway MAR 11 2010 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, City Clerk's Office X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2. The Applicant X HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested, 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included", 4, The Applicant's application for relief is hereby ...x... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. 6, All further development on the property shall be made in accordance with the terms and conditions of this order, 7, Other DATED: 't~ .:Jlj ~)/t1 ,/ L (/- f;R/l!T7City Clerk S:\Planning\SHARED\WP\PROJECTS\WaIMart\Walmart @ Gulfstream\NWSP 09,doc EXHIBIT "D" Conditions of Approval Project name: File number: Reference: W almart @ Gulfstream NWSP 10-001 2nd review plans identified as a New Site Plan with a 12-15-09 Planning & Zoning date stamp ki mar ng. I DEP ARTMENTS I INCLUDE I REJECT I FIRE Comments: None X POLICE Comments: None ENGINEERING DIVISION Comments: 1. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Enw.neering. 2. Bus shelter must be located a minimum of six (6) feet from utility lines. X 3. Revise pavement markings on Gulfstream Road to provide a westbound left X turn lane at Old Dixie Highway. Recommend a scramble lane. BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments X may not be generated by the commission and at permit review. 5. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2007 FBC, Table 704.8, or 2007 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings X permitted per 2007 FBC, Table 704.8 or 2007 FBC, Residential, Section R302.2. 6. General area modifications to buildings shall be in accordance with 2007 FBC, Section 506. Provide calculations verifying compliance with the X above code sections and the 2007 FBC, Table 503. 7. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and X the provisions of 2007 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the State of Florida shall be submitted for review at the time of permit application. ,Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT 8. At time of permit review, submit signed and sealed working drawings of the proposed construction. 9. 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 X permit shall be submitted at the time of permit application, F,S. 373.216. 10. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) If the project is a multi-family project, the building numberls must be X provided. The building numbers must be the same as noted on the Commission-approved site plans. C) The number of dwelling units in each building. D) The number of bedrooms in each dwelling unit. E) The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article II, Sections 26-34) II. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must X incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 12. The full address of the project shall be submitted with the construction 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 Department of Engineering, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. X A) Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 13. Detectable warnings on walking surfaces shall comply with the Florida Building Code, Building, Sec 11-4.29.2, and Sec. 11-4.29.5. X 14. The required number of exits shall comply with the Florida Building Code, Building, Sec. 1015.1 and Sec. 1019.1. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST DEPARTMENTS INCLUDE REJECT Comments: 15. Existin2: Trees Inventorv List [see Sheet # 6100] The Landscape Architect should amend the tree inventory list to show the following: a. The four (4) existing Live Oak trees should be relocated to the existing green space along the West perimeter [Old Dixie Highway] to assist in the residential landscape buffer requirement of the site. b. The total diameter inches of existing trees on the site to be removed and X replaced [diameter inches] on the site. The replacement trees should be shown by a separate symbol on the formal landscape plan sheet. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2,] 16. Plant Schedule All shade trees must be listed in the plant schedule as a minimum of 12-14 feet in height, 3 inches DBH (4.5 feet offthe ground) [Silver Buttonwood, Japanese Privet]. The height of the trees may be larger than 12-14 feet to X meet the 3 inch diameter requirement; or any clear trunk (C.T.), Grey Wood (GW) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2,] 17, All shrubs and ground cover plants should have a height and spread X dimension. 18. The applicant should show an elevation cross-section detail of the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking X lot from the Federal Highway, Gulfstream Boulevard and Dixie Highway road rights-of-ways, PLANNING AND ZONING Comments: 19. Provide detail of proposed bollards near store entrance. These bollard should be decorative in nature and follow the design of the building and lor X other site amenities. 20. Applicant to utilize maximum 20' tall decorative light fixtures in the parking lot with appropriate shielding to ensure no glare, hot spots or light X spillage. 21. Eliminate sod areas within the property boundaries in order to reduce X irrigation demand. Consider use of bios wale in drainage areas. 22, Add standing seam metal hip roofs to each of the tower features. X 23, On the East Elevation: . All faux windows shall include glass, as opposed to painted EIFS. . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. . Provide faux windows under the raised element in the center of the fac;:ade or another architectural treatment providing visual interest, to increase the look X of storefront. · Place the same lighting fixtures utilized elsewhere on the walls on the wall underneath the raised element in the center of the fac;:ade to illuminate the covered walk. . Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 24. On the South Fayade: . All faux windows shall include glass, as opposed to painted EIFS. . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. . Create a sense of non-continuous facades giving the illusion of several X storefronts as opposed to a single big box store, through the use of an additional awning type on this elevation to further create the illusion of several distinct storefronts. 25. On the West Fayade: . All faux windows shall include glass, as opposed to painted EIFS, . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. X . Utilize a different awning style on the center row of windows. . Add wall mounted lighting to match other locations on the building. 26. All rooftop equipment shall be screened from a distance of 600 feet. Add a note to the plans. X 27. Indicate type of signage, materials and colors for both wall and ground SIgnS. X 28. Non-word depictions (logos, icons, etc) shall not exceed 20% of the sign area it is associated with, nor stand alone without written word. Please X provide detail, including calculations. 29. Both signs will need to be placed outside of the utility easements, X 30. Staff recommends the height of the monument sign on Federal not exceed 10 feet, based upon the character of signs approved by the City in newly X constructed projects in the Federal Highway corridor, and 6 feet in height on Gulfstream Boulevard, based upon the roadway type/lanes. 31. It is the applicant's responsibility to ensure that the New Site Plan and X Variances are publicly advertised in accordance with Ordinance 04-007. 32. Approval of the New Site Plan application is subject to approval of the X corresponding variances. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 33. Provide a continuous trellis (pergola) and plantings along the front of the property extending east from the south driveway to the south side of X the central driveway on the east side, ADDITIONAL CITY COMMISSION CONDITIONS Comments: DEPARTMENTS INCLUDE REJECT 35. Revise # 23 to only include the following: On the East Elevation: . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. X . Place the same lighting fixtures utilized elsewhere on the walls on the wall underneath the raised element in the center of the fac;ade to illuminate the covered walk. 36. Revise # 24 to only include the following: On the South Fac;ade: . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. . Create a sense of non-continuous facades giving the illusion of several X storefronts as opposed to a single big box store, through the use of an additional awning type on this elevation to further create the illusion of several distinct storefronts. 37. Revise # 25 to only include the following: On the West F ac;ade . Provide the same awning-style window treatment on the upper windows as utilized on the windows immediately below. X . Utilize a different awning style on the center row of windows. . Add wall mounted lighting to match other locations on the building. 38. Revise # 33 to provide a continuous trellis (pergola) and plantings along the southeast corner of the site in conjunction with the art feature and welcome X sign, as depicted on the renderings presented at the hearing on 2-16-10. 39. Walmart shall coordinate with the City for assistance with its hiring process, and shall concentrate its placement of job opening notifications, and conduct X interviews within the City of Boynton Beach. 40. Increase the landscape berms, where possible, to a 4: 1 ratio. X 41. Increase the size/mass of the art feature, welcome sign and landscaping to X provide a more dramatic focal point at the southeast corner of the site. S:\Planmng\SHARED\WP\PROJECTS\Wal Mart\Walmart@ Gulfstream\COA post Commission Mtg II-09.doc EXHIBIT "A" - SITE LOCATION MAP WALMART AT GULFSTREAM BLVD m0 o Z N LIJ R-tA rn CITY LIMITS 8 ~ - 3 w -. f""f!' ~; 11 " ;::0 ;;0 'z -j VfT1 ;'.r '. fT1 < )> 3--i ~o ~z ~~;, J' ~",';' ~.. t)" .."r )...,; .~ gi~~ ~ll~ ~ ".; ~n i I i I~J; '~~ I". .i.:~ ~ ,~ m G'J s~ c:;. L' 'T; i"-' (F I.n' ~~.~ .~;;' .'?,: EXHIBIT liB" _11,"'_"'_"_""'__ ",_.\tOIa~".,,'~pr_""_\l._ _" 1\ (JOU'\~' _...., I In" !!~'I :10 ,;;! ~6 ~~ '" EXHIBIT "B" " I G i Hnn&iI ~~ ~ t!. ~ ~~ i ~~ I' I \. lOr ~~ ~ li.t ': , I' 'I i ..~ .. U! ~ ~.". i! ~dH ~~ d! ~ \ ?:i 1,.1 i, 11\, .. , ~ , I d ! I e I I; I g , c, ~ , I i.;'! Iii I ..~; \ t,. ~ I.~, I. ;~. ' , I l H~ f !~ , ! i~1 ;;.; i;;iiii. n p~ lil'!U I P It I I ! ! l' ~ ~ .' I '! i t J, H i! in f 1 l! I if !" -, f,! ~!. ~, i 1 ~ ! a i t I l i , Iii, '! I :1}]fj]I!lIllIUOO;)~@0 HfpPpPi ~ l!~;:~~.!di i . . 1. I, t, , " i, J;; i!~ttrrrr;f ~ I ~ -! n n p ~,i:5 , . . .. .. I i' ~, F ~m 11 -," ''',,'' -'~ j! flti !'~ t~ O! \ I~ I ,. " t l k i !' "[ ; >r I i, ' II ~i! I ' ~_ni!oc:.O.:> WllWUIrU1\lo':>O"l> BOYNTON BEACH, FL STORr NG.70I)ij ro --- = ~ co - :r: >< w r--r .. I II i I I , i I , I l ~ 'f -'~- ---j Walmart ~:~ STORE NUMBER #5911-00 BUILDING SQUARE FOOTAGE::: 93,755 SF F.F.E.::;15.50 I I I L L ~~.. 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" . -----...!.--- I I , I I I "-. / /.-__ 8~..'l.~_f~, GO ?V ~ ~ i ~ / -11'.o<.o("~1 ! ,._t~ i. f.. c::e> ~ .. ,'!' ~ ~ C::? ~ ~ ~ cv '~'Jt." lEGENO ,,~,~..:l " .,' _I'_ow." .- ,.t.M1""'~1 . tI;U_,~..""'U .M,.l!>;""~< . t~"'l.t<>t': ~ :::t:~.t}. ~~:::;;;;::t l'UllilII'll;,( l~~::. .~~ __< . ~_. HI.... ABaRf" I AT I ONS ~~ r~~l ~..f gI~ ~~~"\'.04<. ~:t i~~'~ h: ?:r~l~1~t;.;~~IC I.'.r. ;~ IlQC L\lC; ~'" U. J!~ ~~~ U.. ~~:'r~ ..~~\ .""" f:.:,i:l,....,.~ .:i.i ~~ ow,t'. I'l~'" ,~mlr.t=.E:~o1:'(.h.w.!'..~ .....[1"-1;:_ olo)):i ~>>ll "Q.[ l.,,^":;n.~~ ~~,r""tro):l. "'" ~~~ SUA'IIt:YlNG & U/.PPJNCi :::...~3;:_;JI"",.."...o.;><.<'.""l&101l>4 US1 & GULFSTREAM BOULEVARD PARCEL BOUNDARY AND TOPOGRAPHIC SURVEY .0.01) ~_~~~,,-. u,>'O.o.-rr ~!.~_!.__~. $:'~~~ SUM;~ ,-~-~,---~,,-'--~---_._' _~:_ cr"J Ri\'"~i~ ~. lGPO. lMT'WHw'-- -~'1~.~~.-_.,. r;li..?:;HI~ f...~,",1;Zil-(;"otI<: !f=:~+"~~lH - . LEGAl OEseRlPT ION ;~~,?:~r;:-'~1~3i1~\I'F~~:~ !~.~~ ~;~:~\.~~'!~..\~ qi'~,~. ~~~~ ~~~ ai~a.~~l;:':;~:'i1'A:ip..~t"~t~ 1t ~(;~.. liI..~, W;;I<;' I....; ~:)l.':,'" ,~. ....: ,,;;..,:... ;C.." 'oj"""" <:;'11""" ~ I... r C:~ .::l-).oJ:r(~ ~~f,t! ;:..~: ~;{~;'~/t.' .;orf.:> IH'J;.~ ~~l':' C~Jfir "ci>il "........:~t ~ll ~'..r~.~-.:..x,~,,/l rllr . ;,.,<i( ,'~:l" ,,.;h'~lq; :,... ~,:~_~~; rJf ~&O Sl:Xlro... 4 NOTES ";H'::..',;, .:~,,: JI .,.,; :..t::,...";'~ '''-' ,,,d::' 1t1/01GUl nit; ~;::'IJ./"i'l~~~f:l:~'; tiJ~~~F;~~,H.... ~,~\, or ",;,.G.l!;. . ~ i::~::r~:'~ ~~~~~~~~;,~~:1t~l~~~~ ~[\~u : ~ ~ :".~"I ~~ i'l'iH'Ul;.' J~ ~i(i>Iml:h' fllL( ,~,,-, ;'/':" ~~~Hli\"f. ~."i~, f(ii.Ih.<"l.! to. 2::.0' ~l .....~.... r\l...i..... ..~l ~".:.t,;. ,;'" .. .:sol", ........HG Of l'U. tHI. .i.I..~.r, rkli S(~1 u~.L!It ia:. 11.0.:.0 '~';:;\'4 !~ ~"" i!ltu::.. ~~KI' C:PdR.!l. tL"".wl:..H. 'U;t,<:- .~1',,'~0I(l-::1ll(. Il'lfO;"'",~~~~:r"f:if:~~i lot.,.,. II< n<{~.oIl ~~i.')s Uii. a~.t:J \;>0 {'~lI. lU.,,~il ~')':"ii ~r', ".!I.. tl'o....,~ ~,u j" ~cu.: waf" U n,:i'(~" l'-~,,!1, II .. CI tit( 11 f.Il.P {l.\. I . to i:. .. ~ .it'J .h~.L'..l, I~ 4Gl.'.S SiluAA€ ~Hf (f.J~ '~Q:~~ t;T ~f~~~ fl O,~,.l;t~ ,'u.... 1..,~l:L!" l)~:lo~ ~lIrfl~ ( OAnCf row SVT(>4f.I'i){l. tOt.i. "..~ ~.~, 1;""'<' Ur Iii,... ~).. ~:~~i\ 2fo.lOO~. SJHVCICn S CE:RrIF!CATION h~~:~~~: ~f ~!~~~L~lfh !~1~~~:~~~"i~~t ~j~::~~lf~ r~1 :;1~ tfit~~L ~r:);r~r_~ S1~~ !~;~i;.;.,~~n'&~~IW, I~JiI:t1 ~,J~,.,I~">iJ~'ll> j(~~ s-:-M~#Jop--._.m 1"I'I~li.~~l'~"~'- ~""..L"~""" _~n'" ~L(lIfJ!l. U~l'lSf. ~O_ \' '>'1' ftliP': ..ro:J&...o__~_~_~ ~_l _----!':~~ .ISIPC__~! UlAWH _~____ oteCJ;f.O _~_.. Sh(U 1 Of' EXHtBIT "B" :::"::'::~:':..:~~'':::~:::::~~ ~_7::~~~~':.., ~~:,,~:~:.v:.' .~~: ::;~~w:~ ~,:~(.:~.l;~r::.~~::'~~~... ..~.: ~.": .:::. ':~~~~~:~ :~:, ,::. ~. ,,:':~~~:.. ~~a';'_ :':'~::::, oW.-.'", ~, . ..,._~ _~ '_~~'.'" .", h ~.- ''''', qu.n.- i I in ~ i.. I Ii ~ i i ii ~ J!I '-~I l!;1 I~.!~.l~..i~',,' I' ,"I,h 'i i! I hit! · i' of. ':~I ' '" im ! "". I j!. j - I l~:~ n:~ sH ,t'lI i~l! (!i! i Ii!! m! lilt IIlil Ijlll iill! i III Hbi flill Hn! i .!~-!~__---.J jig; I ~I :i iiii I' 1011 ill I! i.". ":'" ;1 l'lf ,$ i.1! 'III~' I &1,. \ t! I;~ it ~: ' q , ,I"" n '~i ! ~I ! 'j I i; l'l .; r; ll~)~~ Iii l~ !." ! Hil i!f~'! If !.' It! luh ! i ! H' ~ i.P~~ i" ~ ~ ~___",.._..w._..___._._____._..w._,J .~~.~. h!1P J1~!! *" ; ~I~ ll.. 't ~" 'fl: , ~ r = . R l! if ,q I I If '. ',F ,f II i( iff. ~i'l fi.! !' '! . ""'!' IF P '. I" I'!. '\ -, t fl. :,.1 P ll( : :I'.t i I' V I" 1,( !l I ! .l' , , " I j'" I -t ~'l'" 'I' '. 'I I, ill f · .r f " r! i 'I' ~ '.1, ii, ': I, i: !Ii i. q!. i. !I!g :~; 111 Iil1i! !i " !~ ~!' , ! .f ! I" I" "I u' ii! I' il !' II M II '~ , If!f ; Ii ~d !;f, i! i ~! ~ l.il. u ~.t '.1,. il I II "if ,.P!: !i ! ., ,!I,;", I "I . ~t ~ 11-1 ., , " ., """ ' . '.!", I'", /1 ' r "~ 1" II: ~.. /I.! '" I! r r, J ~ r ' ,- I ~ .if I ' L i if Ii f ~! ".' !I 1 I !; '! i ~ q, ; -- i ~ ! F. b " ; ~ ; '11i e. tl i~ : ~~ 0; ~ ~ ~~ !\\~ H r , ' i: f; ~ I 'I~ ~ i i' i'! l~ i , .,,;!. " II ,'l "I ' ~ ~~ ~ ~ ~. ~ if, i t~ tn ~~ i H 1 \ !, Ii. '. E! '.ii i; i " ,I f' ,r ," 1., I' I. I' '., ,~ .' I' " ,. , ~t.: ~,~ ~!. ~ r;~' n ;~ ~. , . . c . ,~ !' l~ I f,r i it H.., " ,. g ;. ;. 1 !:.J'. ~.~ ~~ I ~f : r' 6c h ~~ ' ~{ ~. r: i H g {~ ~ Ii 1 , ! l' " ! ~J ~ ' ? i~ - 0> ~rli ~ ''>fo\ I ~ ~ ~~!I ~ almart~::,BOYNTON BEACH STORE #591 ,.00 GULFSTREAM MALL ?'!", ~1. S::,'::::~I (}~;'V,.f, fl '.J~1:)A l~ ;""'." J ~ ;; . f"1f Iii p !h "gi~~ 1~~~~! ~:~ !i'l~l~~~ .~ .~,i.~1 ~, s~~r-! _" e 0 @ Q " . .. . ... , -' ILJI/IJIia~IiIiliJI"I""O~010010eleool!~ ! G. "1 I"~ , "'""1 .- ,. ".. '11 i I ! :'1 ~ ~~ i~~ p.~ f; .i."~ It ~~ ~t ~f'H t'E ,(I) , il 111 ~h ! lilt 'I- f! f! r.111'~ ',I, I" i f' I II . " "I ' . , I ! . , I !" I . 11f{ ~ ~~ S~E i,1~ :. ~i 'l ..~~ ..~ ~~ f i ~~ii rr !I t I ~ i ~ , ~. ~ I i I ~I < , ~ f . .. , 5 . I .. . . IIi!) ill H'd!hl!hiHH lHU11~1!I[ 1111 il!ltllllllIllll !j!ll,[!fPI~ 'Ii ii 1,1 l!!~ 'II ~,p 'E' ,1,i r I ' j [ I' I I Iii : I I;' . . I r tl i h It i!! l~;! ! J ,\ If ll~ ~ii I i f [ i " ! I ~ jI, . i I ;! f i . q! H '1I!!!j 'I:!!!!' !!1 H, ' fIr I I ; II' i ; [fl' I I (';' , I ill.; ii,' -,; '!!' '" ~~1 I I I r , 1, H !ll !~f II it It..h i, I ' I ,( I: d. Iii i. , l,t ;i; '1' I i. Ii Iii. " j ; I " " " I ' . 'I ,.. .~;' II'. ; t,. H H ~s~ ~~ ~~, ! ~J~ ~j. ! ~ I ; " r ~ ,~~ ~, ~ ~ i ~ ~ t f . , t ~ t : s. i~ ['i E:t;t?"; ,~:n t.l: I . , ';' ~ ~ % ~ l : ~ : f ~ J', ~' .,~ ; ~ ;~t:i~? ~ ~.~r ..~. t . .... I' I I ~ ; E~ h i:~~:i d i H~ f;~ I If; ~ ~ ~ ~ } ~i. r ~~~ ~j I'r, ~ Hi ~~ ~; . f ! ~ Iii f tit 1ft 1 ,; "I. t." 1, ',' ! "1 ,! f II' I r l' ot ~f~" i~t ~~ ~t . 'IS I'll' '1 I . ! '.~~: ;!i 11 ~i !l ,i i ~J :l.{ ~;; lr= l~ J1' ,''''~ ~,~ I , , ~ ~~ ~~.~)~!~ ~~E ~t ,t 1'-;:, iiE .,; H ~.~~ ~'~ I! ;~I ~i H ~f! ~5 I . i "i .1 f . : \ ~.:" I r I ! II ! I ~ ! i i IH , i ~ In ! 1 t 111 I, , ~ t ~ !H { ~ ~ Hf , , ~' l' ~ ~ !. ; ! II! ~ , , , , , , , I f I f !II' I I" r j i 'i 1; . j"'" 'I'T''"ll''l'" 'l!") LANDSCAPE PLAN }~~~;~: :~:::::?~, ~~~~~;;' ]u_=~~~~f.~='--:~f~~~~ Ollw' ~'~ ''''''1;' I ;:.{",l"'i"!~'.' ...,,- .",,1 '1;1';(- it..!",,,,, "~..:t. ~,~..l ~'ll'.,'~O~I"'~l~""\;.'"'J'I~ r",~!.s HC1:::,:<':~ ~ ~:.~".:.~.~.::. ..:r.::, \~:~.~,.:'..~~, ~.~(':.. ::::. .;...::. ~::,j.:":',~,.~~::~ _ .,....."~ ,. ._.,....... _. .._~'".... ~, ..~.... ....~.' _.., r ,~:c__... -. ._-_.-- .. --_.. _. ---.. -_...._.- i EXHIBIT "B" .-.......'1 ~I~ il~ 'g IH il -' //~.. '", rt/ ~" is }..~ 7 j/:7__L__.l- II" f; p- u ~--::,_.;- '1 I ~ii i { ~ !iti I ,. ~. :t... l,~ .:r.< ~r . ,~;., rL: i - r~-~;... ", -.:: ", I: ' " i !Ii i I / .' ~1 ,.[:'4/'" ;~ ~'7 {.It''1~p,\' ' ~ e~ 'Y\.4!',\;'I', """7\ ;t?t.I' ~i" , ",""~) 1~~~~' lrt ~fi,'r, : ') l ,':\;1 ' '...... !i! 'i~ i I ~ , ~~~ .>~ ih ~/ i lny- '~~ ~i " i ~ "I jl i 1,>',~~ 1------, '\"'t) . 'i...,' \~~V I ' ~~ 18\,~ ,. . ~ lr'\ ~ · "~ <!5 I\: f~ ~!Z i .liin I io ! . ~~<-' .:;y., '.~; .-1," . f ': ;t.~, ',' I I.. 'I- I! ( '" ~f.i ralmart~::,BOYNTON BEACH o ~~~:! ~i STORE #5911-00 'f:. ~i:~' GUlFSTREAM MALL , Ff"t ,I Bt A(J-I .:,)0'1'1" II ()i>![)t; CROSS SECTIONS !fl i I 'I J6 t ~ ~t \ i. ~ i L,) i ~".--J i V'--', " , '..-J V. , i---1 ri . !T !<, I I \ ~~ I i I' ! I i :., , ~: />1 U hn .fll ..... ,,___.-"" or, ~, ' ~ ' ~I )-~ ! I .) ~I~ ..=1 "10 -;;~z '~f ~n~__ I p !;"'-. ~ il --......., l &, m ~ ", . I ~ H 'I; ~~ ~, ! If ~i :Ii .~ 0, i 1 k ~~ iii It j~ l- i~ if . ~~;,::;;;;t~~~i~~~~~. 9~~i~~= ::;~;~~~~~~,~~:'~~I; _ __ ____ .. _-"-...... ....,.........._'"'-____ .~....~......-..'_'L. "-../.J..1. \"A. .J..L..J...b~l.Li. level. The Wal-Mart is on the lower level. Above that, a boulevard will be built dividing the rows of shops, The boulevard will have trees, fountains, benches, bike racks, restaurants with outdoor seating, and a linear park that will lead to the apartI11ents. t., ~~, \~ ,- },;,f - rn :J it >; -c ~. 'J) [R EC>~woC)D IN A-n~TJf- Figure HOllcon landsca anI C 11 it j /I develo street ti m >< I OJ - --I () = -.-, '-t..rl. alld 1,240 d"eked parking spaces, rnUeil 0/1/ hl<1<1en un(lelgrounu (VVOOllS and De Cross 2004), The 280-0nit apartment COmplex will be located next to ,q UJ It ~. ~.,.r !i tn. IT. '" ..,..', j> ~~: '~:-ir.t!:.:,- &JG6 W6J&)J) /If.] .4~7-zL rn >< :::r: - OJ - -; " 'center in a host of the com- ch e latest )e in fur- ity goals, ~cts Wal- chandis- t intends II energy on, Wal- ~d out in -eas: be- gy, creat- ~hat sus- the com- 1 of those Lement is ~ store as ~ store to tree. The a quarter 1e store's ~7 EXIf-:5 '.,",..:_....- ;. ',' .:','i- .'.Ui4~t.-,..."...;"...;;-r....._.,.;-.;._.-;.-_i(;. I.~.:':', ,,;.'::.. "';' "-':,~ .;Y"; ',_ > "::.i.-''',_'''',';',_.""};"',:':'",",,,, " ';\~.}:;~::_;-<,;Y';:'t\~;t"::'~ ...- ":"C::: ",':,:"C,'-' ,.' -- . <,"0.,:;' :;.~, ..<!!fIr .. ,L_.-Y' .:'" Wal-Mart altered the orientation of its storefront to accomodate a 125-year-old pecan tree. And while the company did have to cut down some trees to make room for the unit, the retailer made up for it by donating hundreds of other trees to the community. Further energy efficiency is obtained through treatment of the store's air. The 2% reduction in overall energy efficiency is anticipated due to the use of a Munters dehumidification system. IT >< and uniquely designed exteriors. Other less vis_I ible tests included radiant heating systems~ stormwater retention and treatment processe~ and a boiler that ran on used cooking oil from