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Minutes 03-16-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 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 by Charles Carrin, Retired Minister C. Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Retired Minister Charles Carrin gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. · Presentation of Service Plaques to Mayor and City Commissioners/Remarks · Administration of Oath of Office to Commissioner - District I/Remarks · Administration of Oath of Office to Commissioner - District III/Remarks · Administration of Oath of Office to Mayor/Remarks Kurt Bressner, City Manager, presented a service plaque to Commissioner Weiland. Commissioner Weiland thanked everybody that he was able to be a part of their lives and be of assistance during his tenure as a City Commissioner. He acknowledged it was a pleasure and honor to be a leader and part of the City. He would remain available for any assistance he can offer to Commissioner-Elect Orlove or any of the Commission. Mr. Bressner p~esented a service plaque to Commissioner Jose Rodriguez. Mr. Bressner presented a service plaque to Mayor Jerry Taylor. Mayor Taylor remarked he was very proud of a badge he had received from the Police Department in recognition of the work he had done over the past six years with one of the best Police Departments in Palm Beach County. 1 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 He went on to thank God for giving him the health and ability to serve the community. He thanked all the residents for their support and his wife, who attended every single meeting with him and offered her advice and support. He also thanked his daughter Jeannie who also attended most meetings. Mayor Taylor thanked the City Manager for going over all the issues and giving the best direction he could. He acknowledged the Manager's superior knowledge of the City and all the' Departments. Mr. Bressner's management expertise was unquestionable according to Mayor Taylor and he was impressed with the City Manager's timely response to any citizen's concerns. Mayor Taylor noted he has worked with Attorney Cherof throughout his tenure as Mayor and his advice had saved the City millions of dollars in lawsuits. The City was blessed to have such an attorney with his knowledge and expertise. The department heads and staff exhibited professionalism and were the cornerstone of any successes. Mayor Taylor commented it was the staff that made all things happen. He . reiterated his thanks to the Community Redevelopment Agency and staff and commended them on being the best CRA in the State of Florida. A special thanks was given to the Police who stood through every meeting, for their dedication and professionalism. Mayor Taylor gave special thanks to Commissioner Weiland for his dedication as a Commissioner and for his friendship that would continue to grow. His final thoughts for the new Commission were, "It is easy to listen to those who agree with you, more difficult, but just as important, to listen to those who disagree with you. By doing so, you can reassess your position and decisions to make sure that you are doing what is right, good and true. Do the right thing for the residents of Boynton Beach. Do good things for the residents of Boynton Beach, be true to your oath to give your best to the residents of Boynton Beach. Right. Good. True. Honesty and frankness may make you vulnerable -- be honest and frank anyway. If you are successful you will win false friends and true enemies -- succeed anyway. The good you do today will be forgotten tomorrow -- do good anyway. The responsibility of a prosperous Boynton Beach is yours. May almighty God guide you in your quest. Thank you very much." City Clerk Prainito administered the Oath of Office to William Orlove, Commissioner- District I. Commissioner Orlove thanked his supporters, neighbors. family and all those who supported him. He recognized his wife Laura; mother-in-law Doris, and daughter Marissa. He appreciated Mayor Taylor's words and honesty was his goal and true to his word. Commissioner Orlove was thankful for the honor and hoped to serve the citizens well. 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 City Clerk Prainito administered the Oath of Office to Steven Holzman, Commissioner - District III. Commissioner Holzman appreciated his opponent Mark Karageorge and expressed hope he would stay involved with the City. He thanked his supporters for going out door-to-door and he looked forward to envisioning the future and moving the City into the new century. He wanted to revitalize and preserve the downtown for everyone. City Clerk Prainito administered the Oath of Office to Jose Rodriguez, Mayor. Mayor Rodriguez, first of all, thanked his Heavenly Father who he leaned on many times during the campaign and gave him all the glory and honor. He thanked his family; wife Sarah, son Josh, daughter Logan and his mother. He thanked Mayor Taylor and Commissioner Weiland for their life-long dedication to the City over the many years. Mayor Rodriguez congratulated Commissioners Orlove and Holzman and looked forward to working with them and moving the City forward. With great responsibility comes great expectations. He felt they were up for the challenge and would support them. He remarked Commissioner Ross and Vice Mayor Hay were now the senior class and he looked forward to their success together and appreciated their leadership. To his friends and supporters who came together for the betterment of Boynton Beach, he thanked them for their hard work, efforts, passion and enthusiasm. It was a diverse group who worked together regardless of their race, age, nationality, or social economic levels. He thanked all the candidates for Mayor who were the true leaders who cared enough to run and work hard to win. He welcomed them all to meet and talk with him and thanked them for running. Mayor Rodriguez remarked the City had done great things, but there was more work to be done. The economic crisis would continue and everyone would be asked to do more with less. He was confident the right people were in place to move the City forward. Things would need to be done smarter, wiser and more efficiently to raise the bar. He wanted to establish a financial review advisory board to ruffle through the budget and identify areas for opportunity and efficiency. Business as usual will not be a viable option. The results that are achieved will be the new standard. Boynton Beach is the only major City in the County that does not have a downtown and lags behind in economic development and redevelopment. This City deserves more and should prioritize, focus and execute on the Downtown Master Plan as a key initiative for success. 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Mayor Rodriguez announced he would be asking the Commission to immediately terminate negotiations to move the Police Department to the retail center on Congress Avenue. He would.also be asking to add two .civilian members to the CRA Board to allow for continuity, skill, development and ensure a smooth transition to a full citizen's board in the near future. The Commission should be a fine-tuned machine working together and proposed an off-site team building session and workshop to allow the time and space to work together and become a cohesive team. All meetings would be held in a transparent manner with respect, integrity and ethics that can tackle the issues and not the person. He proposed three minority councils be established to act as liaisons for minorities within the City. He suggested a council for African-Americans, Haitians and Hispanics that would be the pulse of their respective communities. In conclusion, Mayor Rodriguez suggested that the Commission only look forward and he was excited to be on the team and quoted Ralph Waldo Emerson, "Do not go where the path may lead; go instead where there is no path and leave a trail." D. Agenda Approval: 1. Additions. Deletions, Corrections Vice Mayor Hay sought clarification on the need to address Item 10.C. The CRA Board had discussed the issue in great detail and voted the $400,000 should remain with the CRA. Mayor Rodriguez felt the Commission still had to affirm the action as the Commission. Attorney Cherof concurred. Attorney Cherof noted there was a request to table Item 10.B to April 20th or later. Motion Vice Mayor Hay moved to table Item 10.B. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Rodriguez asked to include the Police facility on the agenda. Motion Vice Mayor Hay so moved. Commissioner Ross seconded the motion. The motion passed unanimously. It would be added after the Consent Agenda. MayOr Rodriguez requested items be pulled from the Consent Agenda, at this time. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Commissioner Orlove pulled Item B. Motion Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 2. Adoption Motion Commissioner Ross moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross shared she had attended the last pancake breakfast of the season by the Boynton Beach Fire Department. She congratulated Chief Bingham on the great response from the community and thanked the entire Department. Vice Mayor Hay congratulated staff and read into the minutes an article relating to safety awards. "For the 13th straight year the City of Boynton Beach has been recognized by the Safety Council of Palm Beach County. At ceremonies held recently, the City was presented with three awards; an award for excellence for worker safety, award of merit for vehicle safety and special recognition for the defensive driving program. Accepting the awards were Chuck Magazine, Risk Manager; Pam Brown, Claims Administrator; Mark Bobich, Safety Administrator. According to Chuck Magazine, last year the City was successful in reducing its OSHA recordable cases by 42%, incident rate by 37%, cost of worker compensation claims by 48% and preventable motor vehicle accidents by 10%. The Safety Council of Palm Beach County is a non-governmental, not-for-profit public service organization dedicated to safety', serving Palm Beach County and all of South Florida. The organization offers an extensive variety of programs, resource services and educational material to reduce health hazards and prevent injury for both personal and economic loss." Mayor Rodriguez recognized County Commissioner Steven Abrams was present and thanked him for attending. 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcing the upcoming Movies on the Ave. event. Margee Walsh, CRA Marketing Director, congratulated Mayor Rodriguez and Commissioners Orlove and Holzman on their election. She invited the public to a free concert to be held on Ocean Avenue featuring the Sundown country band beginning at 6 p.m. to 9 p.m. in the Children's Schoolhouse amphitheater.. Food and drink vendors would be onsite. No pets were allowed. On April 2nd there would be a free showing of the movie Hairspray at the same location commencing at 7:30 p.m. 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 adjust ed depending on the level of business coming before the City Commission) Herb Suss, 1711 Woodfern Drive, congratulated Mayor Rodriguez and Commissioners Orlove and Holzman and hoped the new Commission would work together and speak to the issues with a mutual respect for all. Ken Lassiter, President of Coalition of Boynton Western Resident Associations (COBWRA), congratulated Mayor Taylor on his successful run as Mayor and admired his leadership and appreciated his service to the City of Boynton Beach and the entire area. He congratulated the newly elected officials and remarked he was working hard to build a better relationship with COBWRA and the City of Boynton Beach. He recalled in 1991 the City and COBWRA worked together to build the West Boynton Community Area Plan which was accepted by the City in 1995, as well as the County Commission. Michael Rumpf was currently working to revise and update the Plan. Mr. Lassiter hoped the residents would come out west to the new Canyon Town Center that had an amphitheater and was holding various events including Karaoke every other Saturday night. Brian Edwards, 629 NE 9th Avenue, congratulated Mayor Rodriguez and thanked all the supporters of the candidates. He was proud of the Mayor and the other Commissioners elected and thanked the City Clerk and Supervisor of Election for running the election and vote count. Mr. Edwards did note a better job needed to be done to get the other 34,000 voters out to vote. He looked forward to being a part of the successes in the future as well. 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Mayor Rodriguez thanked Mr. Edwards for his remarks and noted he would continue to be a part of the community in the future. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Orlove moved to appoint Catherine Scantlan as a regular member of the Recreation and Parks Board. Commissioner Ross seconded the motion. The motion pas8ed unanimously. Motion Commissioner Holzman appointed Laurie Sulzer as an alternate member of the Library Board. Commissioner Orlove seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to table all other appointments. Commissioner Holzman seconded the motion. The motion passed unanimously. Commissioner Orlove commented there had been discussion about filling the vacant positions and asked for the status. Mr. Bressner advised the matter would be discussed during the second meeting in April. Comparative research was being conducted. Commissioner Orlove questioned if individuals who had businesses within the City, but did not reside within the City were being considered. Mr. Bressner pointed out the Code would have to be changed. Many boards require residency within the City. He suggested the boards be reviewed and their duties and functions outlined to make an informed deci&ion whether or not to modify the Code to expand eligibility to proper business owners who are not residents. 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. 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 A. Approve the Minutes from the City Commission meeting held on February 16, 2010: B. PROPOSED RESOLUTION NO. R10-030 -- Approve a Contract Service Arrangement Agreement with BellSouth Telecommunications, Inc. (d/b/a AT&T Florida) for a period of twenty-four (24) months for existing telephone-line equipment and ongoing telecommunications equipment and services. Agreement will save the City approximately $3,000/month. Commissioner Orlove pulled Item 6.B for discussion. He appreciated the savings of $3,000 per month, but questioned the elimination of phone lines. Phyllis Koch, ITS and GIS Director, indicated the phones and phone usage had been reviewed over the last few months resulting in a huge reduction in the yearly phone bill. A new contract with other discounts was negotiated and applied, saving approximately $70,000 from the budget. Motion Commissioner Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R10-031 -- Assessing the cost of nuisance abatement on properties within the City of Boynton Beach. D. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. E. Approve purchase of In Car Cameras for Police Department from Digital Ally in the amount of $20,625. F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2010. G. Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND JANITORIAL SUPPLIES", Bid #017-1412-10/MFD, on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000. H. Approve the sole source purchase of compatible new or replacement water meters, meter reading systems, testing equipment, accessories, and repair parts for our existing single brand water meter system at an estimated annual cost of $166,000 based on FY 2008-2009 actual purchases. NOTE: City Manager Comment on alternatives listed below. 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 I. Relocation of the Police facility. (This item was 'added to the agenda) Mayor Rodriguez contended the citizens of the City had spoken on the issue and the Commission should act and go about developing the downtown. He requested a motion to cease negotiations of the potential move of the Police station to Renaissance Commons. Commissioner Holzman agreed it was no longer an issue. Vice Mayor Hay agreed and noted only he and Mayor Rodriguez had voted against the move originally. Commissioners Orlove and Ross concurred. Motion Commissioner Holzman moved to end negotiations with Comparato to move the Police station. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Orlove inquired about the Mayor's plan to relocate to the Police Department. Mayor Rodriguez thought it was a future agenda item that should be discussed at the proposed off-site team building session. Vice Mayor Hay agreed with the workshop, but advised he leaned toward the property that the City owned with the infrastructure in place on High Ridge Road and 1-95. It was planned in purchasing the property originally and it would be incumbent for the Commission to move in that direction. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-032 -- Award contract for Bid #018-2821- 10/JA, Disinfection System Upgrade Project at the East Water Treatment Plant to Wharton-Smith, Inc. as the lowest responsive, responsible bidder; in the amount of $1 ,547,000. Also approve an additional owner's contingency of 10%, equal to $154,700, resulting in a total funding authorization of $1,701,700. Also reject the six (6) highest bids the City received in response to its Invitation to Bidders; and reject the lowest bid received from WDF/Nagelbush due to the bid's incompleteness and a lack of documented completion of similar work by that firm. Attorney Cherof advised the Resolution rejects the six highest bids and the lowest bid and awards the contract. Pete Mazzella, Deputy Director of Utilities, advised the Resolution awards the contract to the second lowest bidder, Wharton-Smith, as the lowest responsive, responsible 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 bidder. The consultant, CDM, called the references of the lowest bidder and the experience of the proposed project manager and superintendent could not be substantiated. The lowest bidder did not have a presence in Florida. Motion Vice Mayor Hay moved to approve Resolution No. R10-032. Commissioner Ross seconded the motion. The motion passed unanimously. 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. Attorney Cherof administered an oath to all those intending to testify. He gave a brief overview of the procedure to be followed. A. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval for a one (1 )-year site plan time extension for major site plan modification (MSPM 07-004) approved on May 20, 2008, from November 20, 2009 to November 20,2010. Kathleen Zeitler, Planner, reported the Planning and Development Board had tabled the matter at their March meeting and the item should be tabled by the Commission pending further review by the Planning and Development Board. Motion Vice Mayor Hay moved to table Item 9.A. Commissioner Holzman seconded the motion. The motion passed unanimously. B. Lake Worth Christian School, SPTE 10-005, located at 7592 High Ridge R.oad, requests approval for a second one (1)-year site plan time extension for conditional use/major site plan modification (COUS/MSPM 07-003) and height exception (HTEX 07-004) approved on July 17, 2007, from January 17, 2010 to January 17, 2011. Applicant: Robert Hook Superintendent, LWCS. 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Ms. Zeitler located the property, a private school, including an existing school building, gym and outdoor recreation facilities. The original site plan approval was for 18 months to construct a building addition of 20,000 square feet for an early childhood development center and elementary school, a general -use building of 15,000 square feet and an athletic locker room building of 6,000 square feet. A height exception was approved for less than two feet. The request was for a second site plan time extension for the conditional use and major site plan modification development order and height exception approved by the Commission on July 17, 2007. It would extend the date to January 17, 2011. Staff recommended approval subject to four Conditions of Approval. Michael LaCoursiere, representing Lake Worth Christian School, advised the design drawings had been completed and final funding was being sought. The applicant agreed and accepted the conditions of staff. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed 5-0. C. Safe & Secure Self Storage, Phase III, SPTE 10-005, located at 3010 South Congress Avenue, request approval for a one (1)-year site plan time extension for major site plan modification (MSPM 08-001) and community design plan appeal (CDPA 08-001) approved on May 20,2008, from November 20,2009 to November 20, 2010. Applicant: Alejandro Zurita, Vice President and Development, Pugliese Company. Ms. Zeitler located the property. The applicant requested a one-year time extension for Phase III, major site plan modification and community design plan appeal that were approved on May 20, 2008. If approved, the expiration date would be November 30, 2010. This would be the final phase and located to the north of the current buildings. The Community Design Plan Appeal was to allow roll-up doors to face Congress Avenue. The applicant had paid the capacity reservation fee in 2008, submitted paving and drainage plans to Lake Worth Drainage District, submitted an application for building permit and paid a plan review fee. The traffic concurrency would have to be updated after November 30, 2011. Staff recommended approval as did the Planning and Development Board subject to the Conditions of Approval. Alejandro Zurita, representing the Pugliese Company, advised the applicant accepted the Conditions of Approval and requested the extension. Motion Vice Mayor Hay moved to approve the extension subject to all Conditions of Approval. Commissioner Ross seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 D. Quantum Park Church (USAP 10-001), Quantum Park DRI, Lots 18 and 19. Request approval to allow the conversion of an existing 14,692 square foot flex office building to a church in the Quantum Park Planned Industrial Development (PID) district. Applicant: Douglas B. MacDonald, Managing member of 1325 Gateway, LLC. Ed Breese, Principal Planner, reviewed the request of Doug MacDonald for Lots 18 and 19 only. The original Quantum Park Master Plan did not include churches. There would be adequate parking available. The criteria to grant the request is that the proposed use would not be in conflict with the performance standards of the Planned Industrial District (PID) and is consistent with the plan and purpose of the Planned Industrial Development District. It was done to assure uses would not be a nuisance or hazard to adjacent properties. It also cannot interfere with the other uses or create any type of hazard. The applicant could easily meet the performance standard requirements. However, staff maintained the property with industrial potential should not be utilized for non-industrial uses, especially when there are other properties within the City that could be utilized. The property was designed to attract industry. Staff determined the requested church use would not be consistent with the Planned Industrial Development Zoning District. Therefore, staff recommended denial of the request. It was agreed the services offered by the Church would be a benefit to the City. Vice Mayor Hay inquired if alternatives were available. Mr. Breese responded the applicant had already entered into lease negotiations with the owner. Vice Mayor Hay inquired if there was any type of precedent that had been set for a church and Mr. Breese was not aware of any such application. He did note that Boynton Beach High School did lease space for church services on Sundays. Doug MacDonald, majority shareholder of 1325 Quantum Park LLC., President of Quantum Limited Partners and President of Quantum Park Property Owners' Association advised use approvals were needed because the zoning is planned industrial for the entire park. Almost 50% of the space in Quantum Park is now vacant. Commissioner Holzman was concerned that Mr. MacDonald had entered into a lease agreement when the planned use was not approved. Mr. MacDonald indicated any negotiations were contingent on getting use approval. Mr. Breese advised the impact would be setting a precedent for allowing churches on other industrial lots. Mr. MacDonald stressed the church was a business and busy all week long. Mr. MacDonald noted the building was currently being rented for less than the tax and insurance. Mayor Rodriguez suggested the use be granted on a temporary basis. Attorney Cherof explained it would not be possible, that once a use was in, it was in. Mr. MacDonald indicated, if approved, the church would have four and a half years to operate. The Church was a tenant and they paid taxes. Commissioner Holzman established there 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 was only one industrial building on Gateway. If approved, office space on Gateway Boulevard would be eliminated. Commissioner Orlove inquired about adjacent uses. Mr. MacDonald replied there was a mini-office complex, two charter schools and across the street, Boynton Beach High School. Vice Mayor Hay stressed that Doug MacDonald and his partners had been doing business with the City for many years. He would support the request, but wanted more input from the Pastor. Mayor Rodriguez disclosed he had attended the church and had breakfast with Pastor Hawkins. Mr. Breese advised the building was really flex space so it could be industrial as well as office space. Commissioner Ross disclosed the Church is in District 4 and she did visit the church on a tour of the entire Quantum Park area. She noted it was a facility being used for counseling and church services. Commissioner Holzman clarified the space was zoned for office industrial from the beginning. Over time, the City had allowed other uses. Mr. Breese agreed the park was envisioned as a corporate park - office, industrial, research type uses. Commissioner Ross noted there were 1,200 residential units in the Park. Mr. Bressner recalled it was in 2001 that non-industrial uses were introduced to Quantum Park. John Hawkins, 700 E. Boynton Beach Blvd, Pastor of Center Pointe Church, indicated the site was ideal because of visibility and location. The first section is offices that include the counseling center and is open to the public. The next open area is used as the sanctuary and further open area for kids and offices. The Center has created jobs and as people come to the Center they use the restaurants and stores in the area. The proposed use is consistent with the existing uses. The Center employs ten full-time and part-time employees. Mayor Rodriguez indicated he was torn between preserving industrial property and the economic crisis as the property was currently on the tax rolls. Pastor Hawkins advised there was no strategic plan past the five year lease. Commissioner Holzman inquired if other spaces had been considered prior to negotiating with Quantum. Pastor Hawkins advised there were not many available locations. Parking was an issue and the space requirements were a concern. He understood churches got special exemptions. Commissioner Orlove established there were approximately 200 customers a week and the counseling goes on Monday through Friday, Saturday mornings and some evening appointments. Charles Kanter, President of Parkside HOA, indicated the Association was going through difficult times with 15% of the homes in foreclosure and yet managed to survive 13 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 and remain solvent. Mr. Kanter supported the Church as long as they did not apply in the future for tax exempt status. Commissioner Holzman inquired if there would be any way to prevent the Church from purchasing the property. Attorney Cherof surmised there would be nothing in the lease that would prevent the acquisition of the property through purchase and there would be no Condition of Approval that could be added. Mr. MacDonald advised there was no option to purchase in the lease. He noted none of the buildings had been sold in Quantum over the last 14 years. Brian Edwards, 629 NE 9th Avenue, questioned if the use could be made so non- industrial can only lease property. He was also concerned about the tax issue, but realized the population in the area was growing substantially and there may be a need. Attorney Cherof advised there would have to be a special exception provision to amend the Code that would need further research. Commissioner Holzman inquired how far from the present location was a permitted use for a church. Mr. Breese replied the zoning on Congress Avenue would accommodate a church. Gonzalo Herrera, resident of the City of Atlantis and real estate broker in the Boynton Beach area, stressed the fact the exterior of the building would remain the same for a consistent look along Gateway Boulevard. The Church was being run as a professional office with some hiring opportunities. There is available parking with easy ingress and egress. Nancy Chandler, 914 NE 7th Street, contended the City was lucky to have an industrial park that was carefully planned and designed to have easy access to 1-95. In the current economic status she felt there were other places that a church could go, but not other places where industry could be established. She saw the park as a bunch of incompatible uses. Mark Karageorge, 240A Main Boulevard, commended staff for their recommendation. The original plan for Quantum included 500 homes and there were now 1,200 housing units. The original plan called for office, industrial and commercial. It was changed to include two schools and the taxpayers paid for the sidewalks, storm drains and sewage, all for the School District. There are currently two education facilities and several non- profits contrary to the original plan. Mr. Karageorge emphasized the plans should not be altered and there are other locations that could be utilized. The industrial and commercial land needed to be preserved. Herb Suss, 1711 Woodfern, pointed out the property was unique and Quantum Park had been good neighbors. The tax monies were needed and he agreed the request should be granted to meet the needs of the people. 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Tom McGillicutty, Real Estate Broker and a supervisor for the Quantum Development District, clarified all the owners of the park contributed to the water service management and were self-sufficient with storm water management. He reminded the Commission there is well over 500,000 square feet of vacant industrial building space. Steve Homrich, 690 NE 15th Place, indicated the request was about long-term vision or exceptions. The Church would be a great exception, but did not stay with the long-term vision. It also contradicts staff's recommendation. Pastor Hawkins concluded churches were tax exempt because they provided a benefit to the community. Communities are more than an economy and jobs. It may be time to consider a new vision and realize churches can be unique and visionary to benefit the community. Commissioner Ross's primary concern was the tax issue. The Church and Center did provide a valuable service to the residents, but the location was an issue. Vice Mayor Hay understood staff's decision was based on policy set by the Commission. However, the Commission has the duty to decide each issue on its merits. Mr. MacDonald has been a partner with the City for many years and there would be growth coming to the area. Vice Mayor Hay supported the Church at the present location. Commissioner Holzman agreed with Commissioner Ross that there were too many issues long term with the Church at the current location. The area has had a purpose as an industrial park that should be preserved for the future. Commissioner Orlove agreed with Vice Mayor Hay that different uses have been allowed within the site and the Church does serve a purpose. The location was only part of an existing structure and it appeared that Mr. MacDonald would not be selling the building. Mayor Rodriguez asserted the plan for Quantum Park had been compromised a long time ago. A church would be the only exception he would allow in the Park. Motion Vice Mayor Hay moved to grant the church in the Quantum Park area. Commissioner Orlove seconded the motion. The motion passed 3-2 (Commissioners Holzman and Ross dissenting). E. Healing Grounds (NWSP 10-002), Request approval for a new site plan located at 220 and 226 West Boynton Beach Boulevard for a proposed combination veterinary clinic and accessory human spa with massage therapy and acupuncture consisting of 3,716 square feet of building area on 0.60 acre in a C-2 Neighborhood Commercial zoning district. Applicant: Nancy Keller, DVM. 15 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Ms. Zeitler located the property and reviewed the request for a new site plan. The two houses presently at the site would be demolished. The applicant would be relocating from NE 3rd Street. The plans are for a veterinary clinic including acupuncture and salt- water pool for therapy. No outdoor kennels or animal boarding would be allowed except overnight stays for animals being treated. There would be two rooms for human massage and acupuncture. It would be a green sustainable project and Leadership in Energy and Environmental Design (LEED) certified. Landscaping and open space would comprise 40% of the site. Staff and the Planning and Development Board recommended approval subject to 17 conditions of approval. Annie Carruthers, an architect with In Site Design Group, represented White Elks Enterprises, the owner. She reviewed several drawings of the proposed buildings and site that showed the required setbacks and parking were exceeded. The developer was seeking LEED certification. No variances were sought and the applicant agreed to all Conditions of Approval. The Clinic would be holistic healing for pets. Victoria Castello remarked it sounded like a great idea for pets and their owners. Commissioner Ross noted the property was within the CRA district. On behalf of the Green Community Alliance, Commissioner Ross commended the project and the applicants. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Commissioner Orlove inquired how many similar establishments treat animals as well as humans with holistic medicines and techniques. Bridget Keller, 3181 NE 165th Street, replied the Clinic would be the only one of its kind. Dr. Keller had been practicing holistic medicine for animals for 23 years. It would educate both the animals and the owners about general wellness and health. The motion passed unanimously. F. Confirm continuation of "Notice of Intent" (NOI) and support for the planning study of impacts and regulations related to adult entertainment uses. Attorney Cherof explained this was step 2 of the process that began in February, 2010 to commence a planning and study period on the impact of adult entertainment uses. It was before the Commission for public comment. Brain Edwards, 629 NE 9th Avenue, was impressed with the progress made in shutting down adult entertainment establishments. He was concerned with the definition of adult 16 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 entertainment and the parameters. Attorney Cherof explained the definition in the Code defines it as, "any commercial enterprise which predominately limits admission to adults only, owing to the sexual nature of the merchandise or entertainment. It includes adult book stores, adult theaters, adult lounges, adult health studios, adult motels and hotels with nude bottomless or topless entertainment or employees." The definition is consistent with the County Code. Mayor Rodriguez indicated he was proud of the City, Police and staff who have been instrumental in closing the establishments as it was critical to the survival of Federal Highway. Motion Commissioner Orlove moved to support. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof explained staff would continue to conduct the study without deviation and report back to the Commission. G. Confirm continuation of "Notice of Intent" (NOI) and support for the planning study of regulations related to pain management clinics and other uses which dispense prescription pain medications. Attorney Cherof advised this was an issue before the State Legislature and may be decided before staff can complete the study. The matter was opened for public comment. Don Scantlan, 13 Cedar Circle, related the County was also taking action to restrict any new growth or business of this type. Commissioner Orlove inquired about the number of facilities currently within the City and Mike Rumpf, Planning Director, estimated there were two or three in existence in the City. John McGovern, 2620 Spiceberry Lane, stressed it was a serious issue and he had personal experience with families torn apart. He urged the Commission to pursue the problem with as much energy as possible for the sake of children and families Mayor Rodriguez strongly believed the matter should be moved forward. Commissioner Ross thanked Mr. McGovern for his comments and insight into a very complex problem. 17 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Motion Commissioner Ross moved to confirm or support the continuation of "Notice of Intent" for the planning study of regulations to pain management clinics. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Informational item regarding an automatic mutual aid agreement between Palm Beach County and Boynton Beach Fire Rescue Departments. Chief Bingham congratulated the newly elected officials. He reviewed the history of the mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach and Boca Raton that had been approved in September 2009. The agreement allows mutual aid fire protection or, if already engaged, to provide full protection. Mutual aid responses are not generally automatic. The proposed agreement would permit a department to automatically respond to another jurisdiction in place of the department within that jurisdiction. The areas involved are small pockets on the barrier islands, around Briny Breezes, that are County property. Both Boynton Beach and Palm Beach County currently have properties in the area that they Gover. It was discovered Palm Beach County had some significant response times to get to the area driving past two Boynton Beach Fire Stations. There were a total of 58 calls to the areas in question with an average response time of 11.19 minutes for the County. There were three pockets involved. One, involved a bank and real estate office on the west side of A 1A just north of Briny Breezes; two, consisted of a gas station at the corner of Cordova and A1A; and three, is immediately south of Briny Breezes that includes 100 parcels with 241 addresses for three high-rise buildings. The County has provided the City of Boynton Beach with all the pre-fire plans for all the buildings. Water service is already provided by the City of Boynton Beach to the area. The City would not be responsible for Code compliance or fire inspections, but the Department would work with the County to rectify any issues. The City of Boynton Beach would be the primary responders to the area. Mayor Rodriguez inquired if there would be any impact on the citizens of Boynton Beach. Chief Bingham replied units are shifted around on a daily basis to cover all zones during any emergency. The mutual aid agreements that are currently in effect would cover such instances and ensure the City of Boynton Beach had full coverage. Vice Mayor Hay established additional manpower would not be required. Mr. Bressner noted the City would receive revenue for EMS calls. 18 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Mayor Rodriguez suggested there be discussion between the County and Delray Beach to provide service to the pocket south of St. Andrews Club since Delray provides fire service for the Town of Gulfstream which adjoins the third pocket area. B. TIME CERTAIN TO BE HEARD AT 7:30 PM - TABLED from 2/16/10 - Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (RECOMMEND ITEM BE TABLED TO APRIL 20,2010 OR LATER DATE.) C. Affirm that portion of Resolution No. R 10-028 authorizing the submission of an amendment to the Department of Housing and Urban Development (HUD) Application and Substantial Amendment to the Neighborhood Stabilization Program (NSP) regarding the $400,000 previously allocated to the Community Redevelopment Agency (CRA) for the purpose of providing homebuyer subsidies for the Ocean Breeze Development Project. Mayor Rodriguez explained this was an allocation from a grant to the CRA from the City. Mr. Bressner recalled the CRA would keep custody of the monies as part of the Neighborhood Stabilization Program. The $400,000 would be used as an adjunct to the Ocean Breeze agreement or alternatively stay within the Heart of Boynton. Either way the grant application would need to be amended to other eligible activities. The CRA staff and City Staff would need to agree on the eligible uses for the money. Commissioner Holzman cautioned that all deadlines be met. 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 Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 2010). B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS None 13. LEGAL None 14. UNFINISHED BUSINESS 19 Meeting Minutes Regular City Commission Boynton Baach, FL March 16, 2010 None 15. ADJOURNMENT Commissioner Ross congratulated the new officials on their election and the completion of their first meeting. Mayor Rodriguez thanked the Commission for a cordial meeting and looked forward to more in the future. There being no further business to come before the Commission, Mayor Rodriguez adjourned the meeting at 9:25 p.m. ATTEST: . Steve Holzman, Commi ~L Marlene Ross, Commissioner .~ J net M. Prainito, MMC ity Clerk 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Worth Christian School Development P&Z Building Engineering Occ. License APPLICANT'S AGENT: Michael J. LaCoursiere, P.E. AGENT'S ADDRESS: Michael B. Schorah & Associates, Inc. 1850 Forest Hill Blvd West Palm Beach, FL 33406 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16,2010 TYPE OF RELIEF SOUGHT: Request for a second one (i)-year site plan time extension to the previously approved Conditional Use/Major Site Plan Modification Development Order (COUS/MSPM 07-003) and Height Exception (HTEX 07-004). LOCATION OF PROPERTY: 7592 High Ridge Road Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /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 "D" with notation "Included". 4. The Applicant's application for relief is hereby ./ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: .2 - It:( -/0 S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\SPTE 10-003\00 Revised for P&D New 11-09.doc ,. EXHIBIT "D" Conditions of Approval Project name: Lake Worth Christian School File number: SPTE 10-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES 1. The applicant shall pay the utility reservation fee in order to ensure capacity X will be available when project commencement is anticipated. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 2. The applicant shall replace severely pruned and damaged Oak trees along X High Ridge Road frontage according to FPL Right Tree/Right Place guidelines, to areas where the replacement trees will not be disturbed during the construction phase and will remain as part of the permanent site landscaping required along the right-of-way. The applicant shall continue with the execution of the current plan of action code compliance citation for landscaping. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 3. If this request for site plan time extension is approved, all outstanding X conditions of approval from the original development order (COUSIMSPM 07 -003) must still be satisfactorily addressed during the building permit process. 4. Should the applicant not secure a building permit for the project during the X build-out year of 2010, an updated traffic concurrency approval letter from Palm Beach County will be required prior to permitting. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\SPTE IO-003\COA.doc '}~;i c,"f~ .. , ~~ -\ ' ' I R-1A~ EXHIBIT "A" - SITE LOCATION MAP J NOT IN CITY I 9 280 140 0 280 560 840 1,120 5 'Feet ~-- OJ r- - co - I >< LU T " ~i ..,e.ar;:.aa::o ~. ~ ,Q~- lOUTu.". i ~ --.-1-1- ~-~,:~=::~"-..~.- ac-'""fo'''''(''''';-_..'I :., ii '. f<-......-. ~...- - ....~.......-... .':'"I"~ =-- ''"''.'>. Iln III ,I . 1.1 '-' . ._-~..J,'in \':"::'':;;:~II ,....,.,..,.....; -'- , 1'-1 : I " ~I'~l~- - s i~ ~ :( ! ~ ~~1:~ T ~ ~ ! ~ '1 "" IQ,dC...llClNct -T ,..-.. ~-- '11--...... "'--......~ T I .,1(0(_.... .~,._'""u 1"1- ~ .L 4 ~, I ~c~l>;1 ~~i -~ .~l t " :f...:::"-:-- -I :::'::':':''';_~~'/'- . -~~._- I ~! - - ~-_~~:~~::-~- ~~, '.. 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T~ RtGHT PtACt - ---' W (/') .. ~ .THE.H8otT OFTUnI'\A'tKLAkCUlNoP.DEIl lOAOiJ{'V(l'1Ui Ot.Hsm..OA 0 ~ ANY diM T"kllNK SKOflCAllON$. lU .NO Cl'PU55.Hll.Oi CAN IE USED IN THE CITY Of BOYNTO'...... BEACH. .J.J..L UIlUTl' fOXEs. OA STNJL.iVW Q{OlJlo aE i~6NED WITH COCO PlUM HWGi ON THAEf SIDfS. -4NUGATlON 5HOUlD WE NON-P'OlAILE WATEf!. SOUfI.CE -'NO H"\I'E ilfn. COVEft.&GE. -TUAF AND l...'.NOSCNf (IEOOIN(i, f'\.Jr.NTS.) ~ SHaull) BE DI::~D ON SoEPAAA'TE ZON[S NiO TIMf Ol.IP.ATlON fOf'. WAlla. Cc:JNUAVA.1\ON -TlW ~O HAVE SUAMTf IkJUGAl10N ~ TO PMOVJOf WATER OlRECn y TO"l'ttt AOOT AAU.. -AU kElOCATED 'flW THAT 00 NOt 9AVlVE ~ MUST 8f P-tf'lACE[) If,o1"l'lt n,[ Utif StlE VEQTA.T\.OH A.T"~ Of WiSl"t:CllON. lEG(M) ! ~l~'. T YI1 wALl UGHT f'lXllJRE W"2 WALL UGHT FIXTURE Pf\OPOSf,D LIGHT POlE EXISTING tJQjr POlE vr'f\'~~'''-'~l -~._---------.~. -J-' 08 or Ib{ U ~ ~ VI i= ii' Z ;2 ~ <(r i= u 0 VI ~ ~ 0:: a: ... :r 05 u ~ !Z I ~ t I- <( ~ a::: -' 0 ~ ~ 5 w~ ~~ ::iif '___..~MU> ........~..,....CO"l~ ..oow.nGf..~Mt""1C:J >ft;I~..~.il"tIM~' -~-.~ ~-E=~" -' lANCSCAPE PLAN Jl:IIIJ: 1")/1 ~-=-~= ~.. _~-.I~"- ~~.--=:...~- - - SHEE. # LP-3 ~ o 0 0 [] -{>:_- <>="- -----{>=-- -.,-----.-4;:.~~ (3) South Elevation - ---.---<>=- - ------~=;.... .o=...~ --0:'__ -.0.::-.._ 0) North E.levatlon Lake Worth Christian School Early Development/Elementary Center Boynton Beach, Florida OOOODOUODUO Color Elevations 09/U/08 U U u [] U [1 lJ 0 o U lJ 0 0 o o (l fAlliJ.:l,f;G~ ~._~~ ......- ,.......,.... ...... -..- ~.AUft:Al~ -,-. .... .... ................."""'" ....... ...... -- - .....'lzfJIt ~._IIIt'.vmb:. ....,..........~ ......... ......- -............ -.. --' ..,."""'" ....... -..... + + o o + II o 0 0 m >< :r: - OJ - -I CO ..---------.----.-.-----~.~----___..___~._~_._____.__ T_.....____..__ _.. ___..____..__.~ ___..__~ __~...~~___.____. fAlliI.JJ;GF.tm -.-.- ........-.. --.... .... -..- _lOlUo1D<_ .............. -- -.. JZn:IIIOI.NlI MIIItO'Jl'" Dt*.uarMNtl -....... - ....,."', -~.- ____.u~_~ ~A-~ -- -...... -....... - _""It 0) EastFJCtttion IIllZf:WlI ......, ...-... -_._------_._~- -_._-~_._---_._--~_.~=- __n____ _.___<:>::;:;.._ ---.-... --~----- o-~~ Qr.:"._ (0 WeJltIJe.ation .> --_....._._~--~_.. --~.------------...._.._.._--------_..~---~----- ~ .- ._-_._---~._--_.__.- ---~------ "'-'-'--~ .-..._~-_.. .-.._--~-- --~--._._--------------------_.- ~ Lake Worth Christian School Color Elevations II Early Development/Elementary Center 09/12/08 Boynton Beach, Florida 0 0 u 0 U rJ 0 I) 0 0 0 0 [1 n 0 0 0 IJ [] n CI [J 11 0 0 0 0 0 n I] 0 0 fJ /J + + o o + m x :r: CO --i OJ EXHIBIT "G" LAKE WORTH t-riRtSTIAN SCHOOL Growing Christian Leaders iFJ ~sr (~~ if \\/;1 ~} \:t lF~\ ..:,::!) NOV 1 7 2009 Mr. Robert Hook Secondary Principal November 16, 2009 p~ l'; ~J))h~!:':~,I),;o"l;, 10. ~~f' 'ioi~ f~,;;(?,~ i?~'i;~~'~~ Mr. Edward Breese Planning and Zoning Department City Hall - West Wing 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 I Re: Lake Worth Christian School Time Extension I I Mr. Breese: i I! Lake Worth Christian School (LWCS) respectfully requests a one (1) year Time I I Extension for the approved, Lake Worth Christian School Site Plan. As you are aware, II Lake Worth Christian School is an existing facility which received Major Site Plan I Il Modification approval on July 17, 2007 for the addition of an elementary school and I I early childhood development facility. \ f Drawings for the proposed Early Child Development Center have been updated and reviewed for value engineering purposes since the beginning of the year. They are now suitable for building permit submittals. However, we wish to withhold submission of building permit applications at this time. Submittal and approval of a building permit application will establish certain inspection milestones that may not correlate with our continuing efforts to secure construction funding. LWCS continues to develop funding resources and remains hopeful of meeting our goal during these trying economic times. Further, LWCS may consider a reduced interior build-out depending on fund raising success. A one-year extension will allow us to review construction flexibility and may limit the number of permit reviews/modifications. It is clear we should not make these decisions prior to the January 17, 2010 deadline. Please accept this letter and a check in the amount of $500.00 as our request for a one- year extension of the approved Lake Worth Christian School site plan. Should you have any questions regarding this application and submittal documents, please do not hesitate to contact our office. Sin~ere~f /.' Ik r~.u ~J:_. Robert Hook Superintendent '). ')' F~l . 1. ..,,, 4 7 6 7592 H.igh Ridgt' Ro,\(\ · ?,oynton bC;iCn, . ()nll~1 J) ,- Secondary; (561) 586-82]6 c FclX: (561) 586-4'382 Elementa;v: (561) 493-3100 · Fax: (561) 493-')848 WWVl. LWCS.org DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Development paz Bulldlng Engineering Oee. L1c.... Safe & Secure Self Storage, Phase III Deputy City CI.rk Alejandro Zurita, VP of Planning & Development, Pugliese C ~ APPLICANT'S AGENT: APPLICANT'S ADDRESS: Pugliese Corporate Center, 101 Pugliese's Way, Suite 200 Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16,2010 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension LOCATION OF PROPERTY: 1310 South Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applic9nt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: -1'1-10 S:\Planning\SHARED\WP\PROJECTS\Safe & Secure Self Storage\MSPM 08-001 \SPTE 10-005\00 Revised for P&O EXHIBIT "D" Conditions of Approval Project name: Safe & Secure Self Storage, Phase III File number: SPTE 10-005 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES 1. The applicant shall pay the utility reservation fee of $194.04 in order to X ensure capacity will be available when project commencement is anticipated. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: .., If this request for site plan time extension is approved, all outstanding X ... conditions of approval from the original development order (MSPM 08-001) and COP A 08-001 must still be satisfactorily addressed during the building permit process. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Safe & Secure Self Storage\MSPM 08-001\SPTE 10-005\COA.doc EXHIBIT "A" - SITE LOCATION MAP SAFE & SECURE PHASE 3 SPTE 10-005 CHARTER DR w ~ en en w " M-1 SITE SW 30TH AVE ~ en 170 85 0 I 170 340 510 R-1AA 6805 I Feet ":"11 'ti'-~~' ~ ,,' 111111 t 1 (.:(.~. J; lllm ~,~:U~'i 'l' . r. ;.srijl ~ Hil~: ~J~H.l : Jit~' ;h~~i, ~'~Hii fh!~i' ~ fi'!;l~ i Ii ),( ~ ~! imJiU"',,,'.~.j i I. i iift~tfi J H 1~I~th~j . t. If ft.t . d I 'U" 'j- 'I }l . . ~... !' , "; . ! ,. ..~...,: 'f\. 'If ( fJ :~ ~H /" ~t f, " ,~~,i;~:':~~ ~~~!l~^<,~ << ':W~\ 'lljl...~ ;f iill!ii Iii Ill! I ~~~: Ft ~~if~~~h :,1; ~~ r,;d~i :;;:; u~ HEm ~:i i; ~ti'~~?~~ q~; ~~~ '1:;~~~,<: ;~, -i if'l "t .q~ ~';l ~3r' ;,~ ~tt i~' ~~~~ ~;,~ ~, "",,' ~..."t~'.;. ~~: ~~ ~;~~ ~"\ Illl! II!! i i ;~~ u g;~ H !llll'il! 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". .":.1'" ., .' . . -, ",' ... ; ': .J,' I.,...... . . . '. '.' i , II!- J I!I D II~ L ft. !I~ ~I . It If I iii :~I 'I~'i 1.911.. Jitl Iii Ji · ill ',1 IJ J " r ~~I I :q I "'. c:; h~ ,Gl!li ''''r- ~ tit" If!l ~ EXrnRIT B 'I . ~':, <:: !!::t rn :; ~ ~ l Ii (, c:: I: ~ III , ~ , ':"1 .. I" I ,i I: I I . ,. "" > :xl n m r' .> I I ' , ' , I~"""''''- D;':;'~'~:::~~!'{ q;",. I: .J -\ ~ ~ ~ ~ ~, j<~ 'c'- & , I! t') I 0 <: Gl ~ rTi C/l C/l ). <:: tn <: c: III -. " ...,.,_,.__.~.:J ,:.;- i ~ I r'.:. rf j 1 r'! : : I II I I I I', I, Ii / '; i , j'i I i /;;\ ~ 'II ..I....~..~~ I: I' ~f!l:'M J 1I111 ' I I '. Cttl~~9~~Mli1fl ....1" i t.'N4~t~ ~Ij'fl nR ~ If q It 1 tII i { I I I ~ i ffi i. fj " !~ In!, i Ill" lUll II afi. "'-. l~ ~" ~~,~ , 1\; ,. :'~r...,.: ":; ':~ ~{:f # ,'~' il .........::":^" ,l-ii~ t1:i~-) I i ~>:. \.... ", i lot. ;.; '< " ,.., ~~: . ~ :\. ',~ ".' ;~ .;: :~. ,.. ;.' '~ ':' ~ ~: ~ , ~ ':: ~' : l :: :' ~'. . ".' ,.., ..:f '~ "-, ": ': :~' ~ ~ ."~ . . " ~ 9' ~. { t_",i' . ."r' ;,f ~;~ :r ~ .; ~ " -j""- " , s ~ ;, ~ ,:l;. l~ ~.' ~(~ ~ .... ,~-~., ., , .' .;" '(' : :.~ ~, ~ ~~, r"~~~. ;l '~""t,""""""!:"'i',"O;;rj" t ~~j~ ;i ;!1 r, l li\ (\'(l. '::.1-" ,':1 :~ \1; >: ~ ~: ~~ l~{ r ll.~l / '" el! ;"1 ;.. (, :q E:x.H\BrrB :~ , nit; . ,. ~ ~, ~@ [~ ~~ c;t :;.....0 (,l,,:;t:r ~i'~ ~ ~Wj ~ V!:-r;~ .' i. ,.. i i j ~ ..,~~:-..'1~ ; i" EXHIBIT lIe" Alejandro Zurita Vice Presidentr Planning & Development Direct Telephone (561) 454-1746 Direct Facsimile (561) 454-1747 azurita (Ci)pugl i eseco. com November 19, 2009 j t/ t ;,'''. :. ' ,. ~i ;. Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Boynton Beach Self Storage Phase III Site Plan Approval Request for 12 month Extension from Expiration Deadline Dear Mr. Rumpf: Please accept this letter as our formal request for a 12 month extension from the May 20, 2008 deadline to secure a building permit for the above referenced project. The property in question is generally located at the northeast corner of the intersection of Congress Avenue and S.W. 30th Avenue, and it is the final phase of an existing self storage facility. The site plan the Boynton Beach Self Storage Phase III was approved by the City Commission on May 20, 2008. Despite of our diligent efforts to bring this project to construction, such has not been possible due primarily to difficulties with financingr caused by the current banking environment. Phase III is intended to provide additional storage by providing a different product type to what it is currently available at the main, existing storage building. However, the current slump in the general economy has negatively impacted the project pro-forma, because the level of disposable income available to a high percentage of the households that make up the primary market base for this type of facility has substantially diminished. We believe that these two factors will improve significantly within the next 12 months. In spite of the difficulties and limitations imposed by the very unfavorable economic climate that has delayed the construction of this project for the past 18 months, we have diligently pursued alternatives that could enhance its financial viability, as evidenced by the following time line/summary of efforts; . May 20, 2008 - Received project approval from City Commission. . June 4, 2008 - Paid for Capacity Reservation Fee to the City of Boynton Beach Water Utilities Department. ~-'US1i!~~i{:; {.-~(}rr)orciie (~:I2';nk::r 1()] PU9!iesf;(s \1'./0,/ :'~ Suire 200 De!rny Beach, Horido 3:3L~Lt.fj 'l'(:~! .5() 'f :330 7000 Fax 561 .3 30 700 1 \.V\tVVV.pugjl8~ieco.corr. Mr. Michael W. Rumpf City of Boynton Beach November 19, 2009 Page Two . August 26, 2008 - Received from LWDD a letter of no objection to the proposed construction and determination that a permit modification will not be required. . September 22, 2008 - Submitted to LWDD pavIng and drainage plans, and project calculations. . October 24, 2008 - Submitted an application for Building Permit (#08-00003693), and paid a plan check fee of $2,007.00. . November 21, 2008 - Comments were provided to us by the City. . Since site approval, we continuously have made efforts monitoring potential funding sources. However, it is clear that further formal efforts would be fruitless until there is some economic recovery and the finance market improves. As noted above, we expect this to occur within the next 12 months. . Drainage for this phase of the development was provided for and permitted under Phase II, Sparkle Clean Car Wash LWDD Permit #06-8187D.01. . Water, sewer, and electrical lines are available for this Phase as the same were approved and built as part of previously approved phases. Enclosed please find a check in the amount of Five Hundred and 00/100 ($500,00) Dollars made payable to the City of Boynton Beach. If required by your office, we will send notices to neighboring property owners and provide all signage that may be required for the extension. Please advise us of all respective dates that this extension request will be heard and before which Boards. Thank you for your attention to this matter. We look forward to your processing our request. Please advise us if there is any additional information that you desire. Also, please keep us advised of the time, dates and location of any meetings involved in the consideration of this request. Very t Jy YO. u~rs, \.. \. ~ti ",,(;;. ; I. AI jandr Z;it ' Vic\, Pre Ident lanning~ Development ,J 2749 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. license Deputy City Clerk PROJECT NAME: Quantum Park Church ------ APPLICANT'S AGENT: Mr. Douglas B. MacDonald APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2010 TYPE OF RELIEF SOUGHT: Request use approval for a Church on Lots 18 + 19 in the Quantum Park PID. LOCATION OF PROPERTY: Lots 18 + 19, Quantum Park PID DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant v' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: - /q - I D City Clerk vors School\Church USAP 10-001\OO.doc S:\Planning\SHAREO\WP\PROJECTS\Quantum Lot 1 EXHIBIT "e" Conditions of Approval Project name: Quantum Park Church Lots 18 + 19 File number: USAP 10-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: To be determined. "-It;""'1 LJ ./ S:\Planning\SHARED\ WPIPROJECTS\Quantum Lot 18,19 Survivors School\Church USAP 10-00 I \COA.doc S:\PlanninglPlanning Templates\Condition of Approval 2 page -P&D ORA 2003 fonn.doc - I 1lII__ U"1Jl~~. ,..1'.1'11..l. . US EJ "".. ........ . . --11----_ .--. ..... - .. .--.... -...- . .p- =.,.::--..... ........ .. I ... - . ...-- .', .... ----!. . - .. 1:l1li1'.';/.."_..,.. - -... --- ......;....:)(_r'i:. -..... ...... -.. -.... .. . ........ _ I . 1...........:.._:.......-.i....?:IlIII'<I'...:=....I....mll...~.. -_DI.......... .. I11III . . .... - - l1li.-:.., ........ _._ __. I. _",,,11.. _ _. ... . . . " - =. ... .'.. III .. . ' I .... ...... . . I -.. . . I. .._...... .. --......- . .... -p.. I .. ........ .. 1& III .. .. 1L1r- ."'.". ... III '1- .U - _ .._ ..- I .. .II ..- .... P.I n.I~.)P.. ..)...S. SI E.....I...._.. CI ---..;.......;;..- .lel I CI .t . I 'A'~ ~ i · SMU ~,. . ., :~. . -.'" . ..... -= . .. ...... ... ..- .. .-. - .. ..... .... -. II .: il-.. . II.. -. .. ..1 ., .. III I ir::JTil., ..:..... ..... ... . .. . -. .;......- n.. ~ ..... . _- II . . _. .. -.. l1li, . · · I -I .... III Il., I..... .. "II · ,. ... _ II II . -.. . . . ..", ... ... . o \ \ \ \ - . . I II ._. -...11. -. . - 390 195 0 I 390 780 1,170 1,560 5 I Feet 1325 Gateway, IJIJC 2500 Quantum Lakes Boulevard Suite 101 Bovnton Beach. FL 33426 .' ' 561-740-2447 EXHIBIT B IB' lr.? I:;' . 'c' , ...., ,--- f.rif I ,,~{, " '." ; , ! ,"'" Ti=\\) ~ lJ .,...), '. . . 1..12 'J)I '. -... .... I.::;.r n::r If 1 '"'joo, 9 i4,.J _,_, .~\ , '- s:~~,/'; ':." (14G AND ZC~i?~~li.JG DEPT. December 2, 2009 Michael Rmnpf, AICP Planning and Zoning Director CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Quantum Corporate Park PID - Application for Use Approval Center Pointc Church Applicants Statement Dear Mr. Rumpf: 1325 GATEWAY LLC, a property owner within Quantum Corporate Park a Plmmed Industrial Development (PID) in the City, hereby submits this request to modify the list of approved uses within the Park, to include a church as an approved use. I am a Managing Member of 1325 Gateway, LLC, the property owner and the Applicant. The use approval requested shall allow Center Pointe Church to operate a church facility within the Park. This request for use approval is submitted for consideration for Lot 18 and 19. At present, Lot Lots 18 and 19 have a DR1 land use designation of 01, office industrial. The smaller of two buildings on the site has been vacant since the previous tenant, Town and Country Homes, closed its showroom at this location. The Center Point Church desires to lease the entire building, without modification, use the building and the prime location to help grow a t1edgling congregation. Dr. John Hawkins is the fouJ1der and pastor of Center Pointe Church. lIe is also the founder and president of Center for Life Design, a counseling center that focuses on marriage and family counseling along with other relationship issues. He has been in vocational ministry for 37 years, the last 17 of which have been here in Palm Beach County. His ministry has included pastoring four churches, full-time evangelism, establishing two Christian day schools and one Bible College. He bas served on various mission boards and done short-term missions work in eight countries. FIc has pastored churches that have averaged from 400 to over 1 J 00 in worship attendance and seen high days over 4000 in Michael Rumpf: AICt December 2,2009 Page 2 of 4 EXHIBIT B worship. He holds the following degTees, BRE, MA, and DD. He is currently working on a Master in psychology from Palm Beach Atlantic University. The mission of this church is life transformation. The goal is not only to prepare people for a meaningful relationship with God but also for meaningful relationships with other people. This ministry helps people build mOTe stable lives, and families, so people will be more productive members of the community. They then become contributors to community resources not just consumers of them. The counseling center is fee based and accepts insurance coverage. It has qualified therapists working under the supervision of a licensed psychologist. Center Pointe ChurcJ1 is looking for ways to serve Boynton Beach and the surrounding communities and works in partnership with other organiz.ations to help serve the needs of our community. The proposed church use will easily satisfy each of the performance standards established for Planned Industrial Developments in Chapter 2, Section 4.N of the City code. These standards are addressed below: 1. Noise. No sound will be created that violates the sound standards found in Section 15-8 of the City code. The proposed use will generate no discernable ground ') .. . Vibration. vibrations. 3. Smoke, dust or other particulate matter. The proposed use will. generate no smoke, dust or other pmticulates that exceed the standards for such emissions found in federal, state, county or city law. 4. Odors and fumes. The proposed use will generate no objectionable or offensive odors or fumes of any nature. 5. Toxic or noxious matter. The proposed use will discharge no toxic or noxious matters, and will cause no damage to property or vegetation or discomfort or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of.way at or beyond the proposed church's property Jines, nor will any contamination of the public waters or groundwater result from the proposed use. 6. Fire and explosion hazards. The proposed church use will create no fire or explosion hazard. No f1ammable materials shall be stored, used or proposed except in a conformance with Chapter 9 of the City code. 7. Heat. humiditv or rrlare. The proposed use will produce no heat, humidity or glare readily perceptible beyond the church's property jines. All lighting wiH conform to City standards and will create no nuisance to adjoining residential uses. 7.:\137.5 Gateway\Church Use ApprovaLdoc Michael Rumpf, AICP December 2, 2009 Page 3 of 4 EXHIBIT B 8. Liquid waste. No liquid waste of any type, quantity or manner not in the conformance with Chapter 26 of the City code will be used or disposed of by the proposed church use. 9. Solid waste, All solid waste materials generated by the proposed use will be collected and disposed of in conformance with Chapter 10 of the City code. 10. Electromagnetic interference, The proposed use will create no electromagnetic radiation that causes abnormal derogation of performance of any electromagnetic receptor or interferes with normal radio or television reception in the City. 11 . Bazardous m.aterials and hazardous wastes. The proposed use will not create, use, store or handle hazardous materials or hazardous wastes. In addition to fully complying with each of these eleven (11) performances standards, the proposed church use will fully comply with all other relevant City standards and requirements. The proposed church use on Lots 18 and ] 9 will result in less traffic generation than the previous use and more than adequate parking for the clergy, parishioners, staff, and visitors is available onsite. Attached are a Traffic Statement and a Parking Analysis supporting the statement above. The Traffic Statement and Parking Analysis were prepared by Andrea Troutman, P.E" Pinder Troutman Consulting, Inc. Please find attached a check in the amount of $750,00, the required processing fee for this use approval request. We thank you in advance for your prompt processing of this request. If you have any questions, please contact me at 561-740-2447, ext 22. 7.:\] 325 Gateway\Church Use ApprovaLeJo.., DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Healing Grounds Development P&Z Building Engineering Occ. LIl.len18 Deputy City Clerk APPLICANT: Nancy Keller, DVM AGENT: Bridget Keller AGENT'S ADDRESS: 3181 NE 165th St, N Miami Beach, FL 33160 _.~~._~-.......--.-.....------ DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2010 TYPE OF RELIEF SOUGHT: Request new site plan approval for a 3,716 square foot veterinary clinic and storage building on 0.60 acre in a C-2 zoning district. LOCATION OF PROPERTY: 222 West Boynton Beach Boulevard (SE corner of Boynton Beach Blvd and NW 2nd Street) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS 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 Appliccp1t's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other .P~ DATED: ,,-~-Iq -/0 S :\Plann ing\S HARE D\WP\PROJECTS\Healing Grounds\DO. EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Project name: Healing Grounds File number: NWSP 10-002 Reference: 2nd review plans identified as a New Site Plan with a February 2, 20 10 Planning and Zoning Department date stamp marking. DEP ARTMENTS INCLUDE REJECT ENGINEERING Comments: None (All previous comments have been addressed). X FIRE Comments: 1. The Fire Rescue Department expects to be able to provide an adequate level of X service for this project with current or expected infrastructure and/or staffing levels. POLICE Comments: 2. Prior to issuance of the first building permit, the applicant shall prepare a X construction site security and management plan for approval by the City's Police Department CPTED Official. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a. One (1) staging area, to store equipment and park machinery, must be fenced. b. The staging area must be visible from an accessible roadway to allow effective police patrol. c. Lighting must be provided to allow complete visibility to the area. d. Approved padlock for all storage trailers and equipment trailers and park within staging area. 3. Landscaping shall not conflict with lighting or obstruct view from doors, X windows or walkways. 4. All perimeter doors should be equipped with reinforced, case hardened strike X plate, with locks and alarm system. (Must be noted on plans) 5. Rear door shall have 180- degree peephole or security window. (Must be X noted on plans) 6. For potential criminal activity detection, install a high resolution color digital X video system consisting of a minimum of 12 low lux cameras, with monitoring and photo processing picture or video printout capabilities. CONDITIONS OF APPROVAL 03/15/10 2 DEP ARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 10. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 11. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) 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) 12. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 13. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Department of Engineering, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. A) Palm Beach County Planning, Zoning & Building Division, 2300 N Jog Rd, West Palm Beach, Florida (Sean McDonald - 561-233-5013). B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872). PARKS AND RECREATION Comments: None (All previous comments have been addressed). X CONDITIONS OF APPROVAL 03/15/10 3 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENT ALIST Comments: 14. All of the newly planted [23] required shade and palm trees must be listed in X the plant list as a minimum of 12'-14' height, 3" DBH (4.5' off the ground). The height of the trees may be larger than 12'-14' to meet the 3" diameter specifications.[Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Comments: 15. Provide a notice of concurrency approval (Traffic Performance Standards X Review) from Palm Beach County Traffic Engineering for the proposed project. The traffic impact analysis must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building permits. 16. Eliminate small sod areas on site (except for fenced open space areas to be X used for play), and add additional groundcover species as accent to maximize sustainability through water conservation and reduced maintenance. 17. The plans submitted include a monument sign that is preliminary in design and X subject to change. Staff recommends that the project signage be consistent with the size of the existing monument sign for the neighboring Lighthouse Academy daycare. Staff recommends a maximum sign height of six (6) feet and a maximum sign width of five (5) feet for the monument sign. 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