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Minutes 02-21-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 21, 2012, at 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner 1. OPENINGS A. CaII to order - Mayor Woodrow L. Hay B. Invocation by Rev. Lance Chaney, St. John Missionary Baptist Church C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Hay called the meeting to order at 6:31 p.m. Reverend Chaney offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. SWEARING IN OF MAYOR WOODROW L. HAY Janet Prainito, City Clerk, administered the Oath of Office to Woodrow L. Hay as Mayor of the City of Boynton Beach. Mayor Hay thanked everyone for their support and advised he looked forward to serving the City and citizens. He thanked his colleagues for their vote of confidence and thanked his entire family, especially his wife of 46 years, Mildred. Mayor Hay urged staff to work as a team to move the City to the next level. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman requested to add an item under New Business to discuss expediting a lien reduction. 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 2. Adoption Motion Vice Mayor Orlove moved to approve the agenda as amended. Commissioner Ross seconded the motion. Vote The motion passed 4 -0. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman announced two Arts events. The first event would be a Fiber Art exhibit to be held on Thursday, February 23 from 6 p.m. to 7 p.m. on the 2 floor of the Library. On Saturday, February 25 from 4 p.m. to 7 p.m. there would be a fundraiser to benefit the International Kinetic Art Exhibit and Symposium at the Children's Schoolhouse Museum. It would be an opportunity to meet international Ceramicist, Jeff Whyman and purchase some of his artwork. The proceeds would be donated to the Museum and the planned Symposium. February 26 from 10 a.m. to 10 p.m. there would an art exhibit along Industrial Avenue. The Community Redevelopment Agency would be providing a shuttle from the Civic Center to Industrial Avenue. Vice Mayor Orlove advised he and the Mayor had attended the Firefighters' Awards and Recognition ceremony and Temple Beth Kodesh services celebrating their 36 anniversary. Vice Mayor Orlove mentioned the Boynton Beach High School Theater Academy has six students going to a State competition in Tampa next month and wished them luck. Commissioner Ross announced February 26 would be the downtown Open Market. Also the Boynton Beach Police Department would be holding Spring Fest 2012 on March 24th at the Boynton Beach High School from 11 a.m. to 4 p.m., including a canine competition, child fingerprinting and DNA kits, SWAT display, food and drinks and raffles. She congratulated Rabbi Simons on the anniversary of Temple Beth Kodesh. Mayor Hay commented he had attended the Casino Royale Night for the Greater Boynton Beach Chamber of Commerce and attended the Temple Beth Kodesh services. Several of the Temple Beth Kodesh members attended the St. John Missionary Baptist church services the next day. It was a great fellowship. Mayor Hay went to the Grand Opening of the Massage Envy Spa in western Boynton Beach. 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Mayor Hay disclosed he had met with Reverend Tom Mullins from Christ Fellowship Church and Robert Martin of the Colonial Gateway Veterinarian Center. Mayor Hay instructed the Commission on his intention to use the approved agenda as the guiding document for the meeting and items not on the approved agenda would not be discussed and declared out of order. He activated Attorney Cherof's parliamentarian status to intervene when necessary to compel abiding by the approved agenda. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the American Cancer Society's Relay For Life of Boynton Beach event on May 4 - 5, 2012 to be given by the Relay For Life of Boynton Beach Chairperson, Martine Pierre -Paul, RBC Bank Branch Manager. Martine Pierre -Paul, a volunteer with the American Cancer Society, announced the one fundraising Relay for Life event to be held May 4 to the 5 Its objective is to celebrate life, remember, and fight back. It is an overnight event to be held at the Congress Middle School. The event celebrates the successes in fundraising to assist cancer patients, survivors and caregivers. The goal is to have 10 teams with 10 team members on each team with a goal of $100 from each participant. The funds raised are used for research, education, advocacy and various services including a road to recovery program Volunteers assist cancer patients through their treatments and the relay signifies the stages of the disease that a cancer patient endures. 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) Mark Karageorge, 240A Main Boulevard, congratulated Mayor Hay and presented flowers to Mrs. Hay in her new role as First Lady of Boynton Beach Michele O'Brien, SW 8 Avenue, a member of the Forest Park Homeowners Association, announced the neighborhood was going to participate in the Great American Cleanup on April 14 Volunteers were welcome. The City would be offering assistance. There were efforts underway to beautify the section of the Seacrest Corridor from Boynton Beach Boulevard south to Woolbright Road. They requested something in writing that the lighting in the area would be improved and additional landscaping added. Vice Mayor Orlove commented funds were approved in the budget to have lighting stretch from Boynton Beach Boulevard to Woolbright Road. 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Patricia Shultz, 1073 NW 11 Street, did not understand why home addresses had to be given at the meetings. It could be detrimental to some individuals. She complained about the numerous parking violations that were ongoing and not being addressed by the Code Compliance Department. Enforcement of the ordinance was only done when threats to address the Commission were heard. She specifically named two employees who had only given her excuses why the ordinances could not be enforced. It was an abuse of taxpayer dollars. Excuses are made for the chronic Code violators and the Code Officers. Ms. Shultz asked the Commission for assistance. Robert Renault, 1016 NE 8 Street, in Laurel Hills, reported raccoons attacked their cat. The Police Department was contacted to be told they dot nor respond to animal calls. The County officers do not respond to animal attacks. Officer Roehrich had requested the cat not be euthanized until rabies tests could be performed. They were also advised the City was under a rabbis warning in Palm Beach County. The raccoons even attacked the property owners. A solution should be found to deal with the problem locally and not passed to the County officials who require payment. He requested some type of assistance from the City to rid the area of the raccoons. Ms. Eden, 1208 NE 2 Street, congratulated the Mayor and rephrased the a Psalm for the Mayor's benefit. She prayed for wisdom, knowledge and understanding to treat people properly and equally and to have no fear in leadership. Victor Norfus, 261 N. Palm Drive, spoke on behalf of the Boynton Neighborhood Association and Heritage Celebration that was a wonderful success. He hoped the Heritage Celebration would be one of the 21 events the Community Redevelopment Agency presented each year. It would be an opportunity for the City to unify and respect the heritage of all individuals and their contributions to the City. Vice Mayor Orlove indicated he did attend the Heritage Festival. Mayor Hay advised the funding sources were being investigated for next year. Edward Tedtmann, 869 NW 8 Avenue, discussed the recent changes in the gun laws. He asked if the City had joined in the challenge to the new regulations. Attorney Cherof offered to discuss the issue by phone with Mr. Tedtmann. Dr. Piotr Blass, 113 W. Tara Lakes Drive, congratulated Mayor Hay and commented it was a momentous day for the City of Boynton Beach. He gave an update on his efforts to create a university in the City of Boynton Beach. He and his wife were working on predicting earthquakes and the work began in the City of Boynton Beach. Dr. Blass supported some form of free universal health and dental care for all Americans Lillian Mayhew, 114 SW 3rd Court, confirmed there was a significant problem with raccoons in her neighborhood. She had been attacked by raccoons and had seen a 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 four -foot python crossing the street on North Ocean Avenue. Something has to be done to solve the problem. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Accept the resignation of Robert Bucella, an alternate member of the Recreation and Parks Board Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed 4 -0. B. Accept the resignation of Elizabeth Pierce -Roe, an alternate member of the Senior Advisory Board Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion Vote The motion passed 4 -0. C. Accept the resignation of Aimond Alexis, a Regular member of the Code Compliance Board Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed 4 -0. D. Accept the resignation of William Shulman, a regular member of the Financial Advisory Committee 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed 4 -0. E. Accept the resignation of George Feldman, a regular member of the Financial Advisory Committee Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The motion passed 4 -0. F. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Orlove moved to table the appointments. Commissioner Ross seconded the motion. Vote The motion passed 4 -0. G. Discussion for possible appointment to fill the District 11 Commission temporary vacancy Mayor Hay understood there were five names submitted for possible appointment to fill the District II vacancy. Mrs. Prainito advised the applicant, Ricky Gardner, had to be eliminated as he was not a registered voter and did not meet the residency requirement. Vice Mayor Orlove inquired if there was a time limit for making the appointment and Attorney Cherof replied the vacancy had to be filled within two meetings following the declaration. Mayor Hay wanted to open the issue for public comment so any individuals who may be interested could be nominated from the floor. Attorney Cherof added the newspaper ad 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 indicated people could submit their application, but the position would remain open until filled. Commissioner Holzman suggested since another meeting was available before a decision had to be made, that the matter be tabled to allow all those interested to come forward. Motion Commissioner Holzman moved to table the discussion until the next meeting to allow any other possible applicants to put their papers in and it be discussed at the next meeting. Commissioner Ross seconded the motion with discussion. Commissioner Ross did want to take advantage of the additional week. Mayor Hay wanted to move ahead with the appointment to have a full board in place. It had been announced and an ad ran in the newspaper. Commissioner Holzman countered there was a quorum present and another member was not needed to move the City forward and the Commission should not act hastily. Vice Mayor Orlove noted the applicants were qualified candidates. Mayor Hay pointed out the decision on the City Manager could not be addressed because the vote has to be a super majority. Vote The motion failed 2 -2 (Mayor Hay and Vice Mayor Orlove dissenting). Motion Vice Mayor Orlove wanted to change the order of business of the day to allow public comment first and state their comments in a two- minute limit, regarding their support for a candidate that has been named or they would like to call from the floor. Commissioner Ross would agree with the motion, but she was in favor of waiting until the next Commission meeting. She seconded the motion. Commissioner Holzman did not feel it was necessary. It is a decision the Commission has been elected to make. There has been time to review the names submitted. Vice Mayor Orlove countered it was an important decision and public input was important. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Dr. Piotr Blass, 113 Tara Lakes Drive, urged Reverend Chaney and Gertrude Sullivan to be considered for the appointments. They were leaders that could help the City flourish. Kathy Caplan, Village Royale on the Green, was strongly opposed to one candidate, Brian Miller. She advised Mr. Miller had been charged with two counts of battery on her and her husband and had agreed to participate in a pre -trial intervention program and had to perform 30 hours of community service, pay the costs of prosecution and have no contact with the victims. The program was completed and a nolle prosequi of the case was entered. They did not feel Mr. Miller should serve the City in this capacity. Carol Mahoney, 737 SW 1 Avenue, congratulated the Mayor. She felt all the candidates were qualified; however, Victor Norfus had supported her neighborhood and fought to prevent a truck route through her community, outside of his District. He was very dedicated to the City regardless of borders. Ms. Mahoney had also served with Mr. Norfus on two boards and found him relentlessly fighting for the people in the Heart of Boynton. She did feel there needed to be "new blood" on the Commission. No one else coming forward, Mayor Hay closed public comment. It was determined Reverend Chaney, who had been suggested, did not live within the District and would not be eligible to serve Vice Mayor Orlove contended at least three members of the Commission were in favor of moving forward. Motion Vice Mayor Orlove moved to appoint James Buchanan to the District II seat. Mayor Hay passed the gavel and seconded the motion. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). Motion Commissioner Holzman moved to appoint Mack McCray. Mayor Hay seconded the motion Vote The motion failed 2 -2 (Vice Mayor Orlove and Commissioner Ross dissenting). There were no motions offered to appoint either Brian Miller or Victor Norfus. 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 The appointment would have to be made at the next meeting. Mayor Hay inquired what options were available if an appointment could not be made. Attorney Cherof encouraged the members of the Commission to do their best to fulfill their responsibilities. After Mayor Hay announced the meeting would move to the next item, Vice Mayor Orlove wanted to call for a nomination from the floor. Commissioner Holzman brought a point of order that the item had been closed by the Mayor and the meeting should move forward and follow the letter of the law. Mayor Hay agreed the submission of names had been closed for this meeting; however, any interested party could submit their name for consideration at the next meeting. Vice Mayor Orlove inquired if anyone on the Commission wanted to change their votes before moving forward and there was no response. Vice Mayor Orlove noted there were no pulled consent agenda items and the meeting should move forward. Commissioner Ross had not realized that pulled consent agenda items had been requested. Mayor Hay did permit pulling items although he had called for any changes, corrections of deletions. Commissioner Ross wanted to pull Items 6.B and 6.H, 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 regular meeting held on February 7, 2012 B. Approve the recommendation to rename Veterans Park on Ocean Avenue to Dewey Park. Commissioner Ross recalled there had been discussion to rename the park to Ocean Avenue Park until a letter had been received from Dr. Ginger Pederson giving recognition to the Dewey family. The recommendation then became to name the park Dewey Park. Commissioner Ross requested the Commission consider other names to coincide with the branding promise and a new identity being developed. A more progressive name would be more appropriate for the area and the future, rather than dwelling on the past. 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Mayor Hay had no opposition to the name Dewey Park. Commissioner Holzman inquired if there were any Dewey family members in the City currently. Wally Majors, Recreation and Parks Director, did not believe any of the family lived in Boynton. Commissioner Holzman agreed with Commissioner Ross's perspective and suggested the matter be returned to the advisory board with the direction to submit a name that reflects the future of the City rather than the past. The recommendation seemed to be the result of a single letter. Mr. Majors agreed the one letter was the catalyst of the recommendation and the author of the letter appeared before the board and gave a compelling presentation. Commissioner Holzman reiterated his agreement with Commissioner Ross that an art and cultural feature, similar to the branding for the future, would be a better choice. Commissioner Ross suggested sending the issue back to the renaming committee for re- consideration along with the discussion of the Commission on the issue. Vice Mayor Orlove disagreed and remarked credit to the founding families was important. He did not favor returning the naming to the committee. Ms. LaVerriere reviewed the procedure that was utilized for the naming of parks within the City based on an ordinance. Ultimately the final approval is with the Commission. The committee makes a recommendation. Commissioner Ross reiterated the recommended name was not in the best interest of the City at this time It should be given more consideration. Motion Vice Mayor Orlove moved to approve the Item. Mayor Hay passed the gavel and seconded the motion. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). C. PROPOSED RESOLUTION NO. R12 -017 - Approve an easement granted by the City of Boynton Beach to the School Board of Palm Beach County that will allow for use of a certain City alley for construction of landscaped open space for Galaxy Elementary School. D. PROPOSED RESOLUTION NO. R12 -018 - Approve an amendment to the Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School that provides for cost sharing of a reclaimed water line that will service both Galaxy Elementary School and a relocated City park. E. Accept the written report to the Commission for purchases over $10,000 for the month of January 2012. F. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the four (4) month period ended January 31, 2012 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. G. Approve the "SURPLUS VEHICLE /EQUIPMENT LIST" as submitted by Public Works /Fleet Maintenance and allow for auction of same H. PROPOSED RESOLUTION NO. R12 -019 - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on January 19, 2012 and authorize maintaining the reclaim user rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for fiscal year 2011/2012 at $.2000/1,000 gallons Commissioner Ross shared the reclaim user rate would remain the same for Hunters Run and Quail Ridge. As President of the South Central Regional Wastewater Treatment and Disposal Board she noted the Executive Director had resigned, giving a 60 -day notice and hoped the entire Commission would attend the next meeting Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed 4 -0. I. Approve staff comments regarding the Southeast Florida Regional Climate Change Compact Counties Draft Regional Climate Change Action Plan. 7. BIDS AND PURCHASES OVER $100,000 A. Approve additional funds in the amount of $35,050 for an estimated total of $88,550 for fire alarm and fire sprinkler maintenance activities in City facilities. Simplex Grinnell is the authorized vendor via GSA Contract #GS- 07F -0396M Motion Commissioner Holzman moved to approve Vice Mayor Orlove seconded the motion. Vote The motion passed 4 -0. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 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. Approve major site plan modification to construct a 5,950 square foot addition to an existing 1,400 square foot veterinary office building on a 0.44 -acre parcel zoned C -2 (Neighborhood Commercial). Applicant: Dr. Robert Martin, DVM. Attorney Cherof administered an oath to all those intending to testify and gave a brief overview of the procedure to be followed. Ed Breese, Principal Planner, reported the applicant was seeking a Major Site Plan Modification for an addition to an existing veterinary clinic located at 2235 North Federal Highway. It would add a partial second story to the existing structure. The first floor would be used for day -to -day operations of the clinic and the second floor would be for training purposes and not utilized during normal business hours. The southern buffer contains a six -foot masonary wall with a six -foot hedge on the residential side. The proposed landscape included trees to add an additional buffer to the wall. The closest residential structure would be 60 feet from the buffer wall and overall 100 feet from the clinic. To the west is the VFW hall that is a compatible use. The applicant would add landscape trees to the west side to provide an enhanced buffer. Staff agreed with the alternate landscape plan and recommended approval of the Major Site Plan Modification with all the conditions of approval. Dr. Rob Martin, 8911 Rockridge, agreed with all conditions of approval. Commissioner Ross inquired about his perspective on the growth of the animal population. Dr. Martin offered his practice had grown beyond the capacity of the current clinic on Woolbright Road. Nationwide and in Florida veterinarian visits were down. The new location had been underserved for many years. He would maintain the office on Woolbright Road also Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vice Mayor Orlove inquired if the neighbors to the south were notified and Mr. Breese replied residents within 400 feet were notified and signs were posted on the property. One individual appeared at the Planning and Development Board hearing to ask about the possible noise associated with the expansion and Dr. Martin adequately answered the questions. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 There was no public input on the issue. Vote The motion passed 4 -0. B. PROPOSED ORDINANCE NO. 12 -002 - FIRST READING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 Attorney Cherof read Proposed Ordinance No. 12 -002 by title only, on first reading. Eric Johnson, Planner, advised the request would further business and economic development initiatives and sustainability initiatives. It would amend three areas of the Code. The first would create definitions for Electric Vehicles, Electric Vehicle Charging Levels, and Charging Stations. It would amend the Code to provide new language on the permits required for Electric Vehicles (EV) charging stations and the allowable locations. Lastly, the request would amend the sign Code to address the allowable signs in connection with an EV charging station. Boynton Beach would be one of the first cities in Florida that has provisions in their Code for electrical vehicle infrastructure. The cities of West Palm Beach and Delray Beach have electric charging stations on public property. There are three types of charging stations that were displayed in a presentation. Staff recommended approval. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward, so the public hearing was closed. Vice Mayor Orlove inquired who paid for the charging and Mr. Johnson responded it depended upon the location. If it is on private property the owner that provides the electricity would establish the procedure, if any, for payment. On City property, the City would be paying for the energy. Vote City Clerk Prainito called the roll. The vote was 4 -0. 10. CITY MANAGER'S REPORT 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 A. Approve project scope for repair of the boardwalk areas of Mangrove Walk at the Marina. Jeff Livergood, Director of Public Works and Engineering, recalled an evaluation of the decking and boardwalk condition had been done. It was constructed in 1999 -2000 as part of a stormwater basin project for downtown. Unfortunately the boardwalk materials were pressure treated timber that will not last long and now has significant maintenance issues. It was evaluated both short term and long term. Staff was recommending and a consultant suggested removing of the meandering boardwalk, pedestrian walkways between the landings and removal of the entire landing on 4 Street. There is a land based public sidewalk on public land that is easy to maintain. The failed decking on the lands will have to be replaced and new lighting installed in the landing areas. The cost would be approximately $300,000 and there is approximately $278,000 remaining in the capital budget to fund the project. The City would serve as the general contractors and subcontract the various sub - components. Vice Mayor Orlove inquired if the project and cost could be spread over two years and Mr. Livergood agreed it was possible. The initial $300,000 would cover the maintenance of the failed areas being used by the public. In the future, grants may be available to cover more outdoor venues. Commissioner Ross asked if the shoreline improvements would be included and Mr. Livergood responded the shoreline would remain the same. It could be an enhancement for the future when more funding is available. The options that involve changes other than maintenance could be discussed during the capital improvement budget discussion. Mr. Livergood sought concurrence to begin the maintenance components with the removal of the meandering boardwalks and putting the pedestrians on the land -based sidewalks. It is a high priority from a maintenance perspective and the facility would have to be closed if no action could be undertaken. Motion Commissioner Holzman moved to move forward with Option 1 as stated by Mr. Livergood. Vice Mayor Orlove seconded the motion, but amended it to include that at budget time consider Option 2A and how the project could proceed. Commissioner Holzman agreed. Vote The motion passed 4 -0. 11. UNFINISHED BUSINESS 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 A. Consider staff's update report and recommendation regarding the proposed acquisition of property at the Boynton Beach Mall by a not - for - profit entity, as part of the zoning and fiscal study to be conducted pursuant to NOI # 2011 -01. Mike Rumpf, Planning and Zoning Director, recalled the not - for - profit moratorium was approved on November 19, 2011 to implement economic development initiatives with a two month update requested on the sale of the Dillards property at the Boynton Beach Mall by a church. It was hoped that information could be obtained to assist in decisions relating to zoning being used to restrict the mall to traditional commercial or retail uses and that the Christ Fellowship Church would be a clear detriment to the Mall and the City. Information to support either of those assumptions was not found. Research resources have included economic experts and consultants, case studies, case law, professional publications, news and other articles, legal staff, and the Simon Property Group. In similar situations, there have been both positive and negative outcomes, but there was little that could be done to alter those outcomes. An economic condition precedes the Church's presence and not the contrary. There is an uncertainity of regulating religious uses involving economic and fiscal impacts and whether there are compelling government interests. Another issue arose whether religious and non- religious uses are being regulated fairly and equitably. The creation of a substantial burden on the City and the use of legitimate planning principals had to be investigated if the moratorium would be continued. An impending contract to purchase the Dillards property is an important factor and influences staffs' recommendation. Vice Mayor Orlove had done some research and found the Boynton Beach Mall is 80% to 85% occupied and the Church would be taking one building as opposed to leasing space within the mall. Mr. Rumpf stressed the area is seeing a sustainable growth. Vice Mayor Orlove pointed out the study showed there would be a decrease in traffic. Mr. Rumpf responded the traffic standards for concurrency look at the peak hours and for a Church those peak hours would be Sunday mornings. There may be a marriage of peak hours during the holiday season only and for special events. The Church anticipates there could be 7,000 in a week coming to the Church. There would be Wednesday night services and a Saturday night service as well. The general flow of traffic in and around the Mall was a concern for Vice Mayor Orlove. Mr. Rumpf had not reviewed the issue, but knew there was one entrance that was not signalized that could be problematic. The Mall did have five ingress and egress points and traffic can be dispersed. The stacking periods would be brief. Commissioner Ross was curious if the traffic would have decreased when previous retailers occupied the same space Mr. Rumpf cautioned the data is based on peak optimal characteristics or the ideal conditions. The Mall had experienced optimal characteristics in the past. Traffic concurrency does not consider statistics from Sundays because it is not a work day. 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Commissioner Holzman surmised from Mr. Rumpf's comments that more time was needed for a full - fledged review. Continuing the moratorium would afford the time to further review the information. He understood there would be no legal ramifications if the moratorium continued. Attorney Cherof responded there were no significant risks to continuing and concluding the moratorium. Commissioner Holzman contended making a decision that would change the face of one of the anchors within our City without answers to many of the questions deserves due diligence and time. Continuing the moratorium to allow staff to delve into the entire picture and deliver a full report would be prudent. A quick decision on this issue would not be in the best interest of the residents of the City and tenants of the Mall. It is a very important decision. Mr. Rumpf commented staff had developed as much as they could with many aspects of the study in the concentrated period. Mayor Hay was concerned with the potential of a challenge under the Religious Land Use and Institutionalized Persons Act to deny the Church's request. Any litigation would be very costly. There are some benefits to Christ Fellowship occupying the space. He suggested continuing the moratorium, but amending it to exclude religious institutions from its scope. Attorney Cherof advised he was familiar with the Act and the many cases involving the Act. It would be premature to debate whether the law is applicable in light of the ongoing moratorium. The standards have not been established to determine if there would be a substantial burden on the exercise of religious freedom or a compelling government interest. The prelude to adopting an ordinance, if there are regulations, has not occurred at this time. Attorney Cherof called attention to staff's recommendation that ultimately the future Code amendments are unlikely to prevent a religious institution from locating at the Mall which is consistent with the direction of the Commission. Commissioner Ross was thankful the Mall was 80% to 85% occupied since last year the future of the Mall was in question and County Commissioner Vanna had expressed concern that the Mall was declining and the impact on the City of Boynton Beach. Mr. Rumpf commented the stature of stores was lower than the surrounding malls and there is evidence the rents are lower and there are not - for - profit uses at the Mall that would not be there if there was demand for the space. He was pleased the situation had not declined further. It is struggling and the Mall representatives are not excited about a large not -for profit entity coming in. They are enthusiastic about working with the City to increase the Mall's marketability and exposure. The Simon Group was looking for improvements even though the Mall was for sale. Commissioner Holzman established the Mall representatives had not had time to provide information. Mr. Rumpf reported the owners indicated the pending sale would be contrary to standard Mall operations and were not excited about the change. Mayor Hay noted malls in general were not doing very well in the marketplace nationwide due to the economy and online ordering. 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Vice Mayor Orlove disclosed he had met with Mr. Hearing twice and members of the Church. He had also visited both of the site in Palm Beach Gardens and Royal Palm. Commissioner Ross disclosed she had met with the representatives of the Church one time. Mayor Hay again disclosed he had met with the Church representatives. Donaldson Hearing, Cotleur and Hearing, landscape architects and land planners, 1934 Commerce Lane, Jupiter and a representative for Christ Fellowship, appreciated the time the Commission has taken and the due diligence provided. He advised the Simon Corporate offices have entered into an agreement with Christ Fellowship Church. They are looking at alternative uses in all their malls. Mr. Hearing displayed a PowerPoint presentation locating the Mall and noted the store was in the most remote area with zero visibility to any public thoroughfare or any of the main routes. The request was to remove the church use from the moratorium and allow the lengthy development review process to continue. The site has great ingress and egress and the Church would be bringing a significant number of people to the Mall and would be a benefit to the facility as well as the retail establishments on Congress Avenue. Christ Fellowship wanted to bring value to the City as it has in Palm Beach Gardens, Royal Palm Beach and City Place in West Palm Beach. With the density of people in Boynton Beach, it was hoped this Church would be far more successful and popular. The intent was to create a vibrant activity center. There have not been any issues with any retailers around the campuses. It would bring a larger component of outreach to the area also and work with the homeless and veterans too. There would be Spanish services provided. The Church has strong ties with Haiti. Letters supporting the Church had been submitted. A special revenue fund would be established with an annual contribution of $25,000 per year to be used for after - school programs or for the homeless. The Mall is in decline and Mr. Hearing contended there was no greater redevelopment potential without Christ Fellowship than with Christ Fellowship. He did not feel more time would change the facts and data as presented and hoped the decision could be made so the project could move forward. They could not wait based on their current schedule. Don Delaney, President of Strategic Development, Inc, 8422 Royal Street, Hobe Sound presented the economic impact of the Christ Fellowship proposal. There would be $344,314 in revenue the City would receive during the development phase. The annual revenue from Christ Fellowship would total $725,534 over ten years based on the offer of entering into an agreement with the City to pay $25,000 and above for the City's use. The return on investment to the local area economy includes an investment of $9 million of improvements into the abandoned site that may generate approximately $20 million revenue to the local economy. It creates 348 jobs during the development and redevelopment phases. There would be 35 new permanent jobs with an average pay and benefits of $43,007 for a recurring payroll of $1.5 million every year. There would be an operating budget of $500,000 spent in the local area economy. 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 The current events in the City bring 16,000 people a year to the area. The Christ Fellowship Church would generate approximately 13,000 people a week. The Church would bring 700,000 people in a year to the area and the increased foot traffic would be a boost for all retailers in the area. The historic value of the site had gone from a taxable value of $6 million to $3 million and the trajectory is negative. Malls are struggling across the nation. There is already parking and good ingress and egress along with the monies being brought into the local economy from jobs and continuing foot traffic. Vice Mayor Orlove was concerned there may be a perception of the Church either proselytizing or trying to do outreach within the Mall itself. Mr. Hearing replied Christ Fellowship has a practice they do not solicit. In the agreement with Simon Group there is a provision that they could close off the inside entrance to the Mall if there was such an issue. The approval process would include bringing further information on traffic flow and other issues before the Planning and Development Board and the Commission, including public input. The Church does employ local police to assist with traffic for every single service. There would be lay traffic control to help individuals park and find spaces. Mr. Rumpf added major or minor site plan modifications relate to square footage increases and there is no plan to increase the square footage requiring a check for traffic concurrency and other criteria. The approval process would be approximately four months. The issue would only return to the Commission if it was an NOPC. It would not be a site plan review unless there is a major site plan modification. Vice Mayor Orlove had concerns about the traffic flow at the Mall as it exists now and traffic issues and landscaping issues need to be reviewed. Mr. Hearing offered to bring a review back to the Commission on any concerns. Attorney Cherof advised, absent the voluntary submission of the issue, there would be no review of the site plan unless there is a major site plan modification. The present topic is the moratorium and not site specific. Mr. Hearing commented if the moratorium was continued it would put the deal with Dilliards in significant jeopardy. The deal was at contract stage with Dillards. Commissioner Holzman stressed the decision to be made was not on Christ Fellowship, but rather a decision on the moratorium that was to be a review. There were many issues on his project that illustrates the reasons to have the moratorium in place to allow staff to conduct a full review of the entire City as it relates to non - profits. The moratorium would expire in May. It would be in the best interest of the City and citizens to allow the time period to continue to fully investigate the impact of the non - profits. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Vice Mayor Orlove indicated there was a very positive entity that would bring much needed vibrancy to that area. Mr. Rumpf had made it clear that three more months will probably bring the same staff conclusions on this particular site. Motion Vice Mayor Orlove moved to lift the moratorium regarding this specific site and that the approval of this site and planned development would be certain issues to be discussed and needed to be approved by the Commission before a final site plan review can be approved. Attorney Cherof did not feel the motion was in order. The issue would be whether to extract places of religious assembly and religious institutions from the scope of the study, not a specific site within the study area. The site is not a stand -alone zoning district as described within the scope of the study. It would have to cover all C -3 zoning districts. Mr. Rumpf reported there is a Church in a C -3 zoning district that is in a permit issue and Code citation scenario that could be affected by the moratorium. Commissioner Holzman understood the use would be removed from C -3 zoning districts in the future, not just during the moratorium. Attorney Cherof returned to the focus of staff's study to prevent the religious institution restriction. The appropriate motion should go to that particular aspect of the study, to exempt those institutions regardless of the zoning district. Mayor Hay concurred and felt the moratorium should continue, but exclude the religious institutions from the scope in total. Motion Vice Mayor Orlove moved to continue the moratorium, but remove the portion regarding religious organizations from further study during the moratorium. Commissioner Ross seconded the motion with discussion. Commissioner Ross returned to the issue of the position of the Simon Group and the fact the sale would be cutting the loss for the Mall. Mr. Hearing responded the corporate office had articulated alternative uses were occurring across the country. All malls are changing. He believed Christ Fellowship had Simon's support and Dillards support. Commissioner Ross questioned the impact of the acquisition on the sale of the Mall. Mr. Hearing speculated the Mall would not sell until or unless the City creates incentives. He asserted nothing the Commission would do regarding the Church would stifle the redevelopment of the property. Mr. Rumpf added the Christ Fellowship Church is a stable enterprise and many encouraging things were happening in the area. There was no indication of an irreversible downturn. Commissioner Holzman remarked redevelopment could involve the entire property as an all new project, with other incentives, and the moratorium would provide insight into those types of possibilities. The business owners in and around the Mall should be 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 contacted for their opinion of the Mall and its best use. There are so many questions and possibilities that time is needed to investigate all avenues. There was no reason to put pressure on something that just takes time to develop. Mayor Hay opened the issue for public input. Susan Horne, 1 Colonial Club Drive, agreed with the idea of allowing Christ Fellowship Church to buy the Dillards store. She opined the outreach offered by the Church was needed in the area and there was always hope to change individuals. John McGovern, 2620 Spiceberry Lane, opposed lifting the moratorium or changing its nature in any way and opposed the expansion of mega churches in Palm Beach County. The relevant inquiry should be sociology of religion and do qualitative research into the negative impact on other long established churches in the community. Victor Norfus, 261 N. Palm Drive, had the perspective it would be good for the area; however, the moratorium relating to religious assembly could be re- imposed. In his experience, after church services other businesses would flourish as families gather together. Since the area is in the outer corner of the site, parking would not be a problem. The economic impact on the Mali as a whole has to be considered. By limiting the moratorium it may allow something that the City does not want in another area. Chris Rapp, 3 Oakwood Court, drove from Boynton Beach to Royal Palm Beach to attend the Christ Fellowship Church and had a very good experience with the Church. The value of the financial impact was significant, but the value to the people in the community is greater. Mr. Rapp did not feel it would impact the existing churches, but attract those not currently attending any church. The overall good would far exceed the negative. Brian Edwards, 629 NE 9 Avenue, was concerned about the Mall and was disappointed with the Simon Group. The parking would not be an issue and he could not foresee a negative impact based on the presentations. Linda Stabile, 311 Wall Street, Delray, urged the City to continue the moratorium to fully discover the effects on the current businesses in the area surrounding the Churches. She was aware of businesses in City Place that had suffered since the Church was established there. She was concerned with the message being sent to developers and business owners when the Commission does not stand by their original decisions. She urged the Commission to continue the moratorium and not be pressured by emotional pleas and fancy presentations. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, supported Christ Fellowship and its vitality and ability to encourage people to attend Church. She noted there were no other religious leaders in attendance concerned about the proposal There is no question that 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 malls and office space are changing totally. Where there is a buyer and seller in agreement on any property it needs to move forward as quickly as possible. Nate Bray, 7450 Liverpool Court, was a developer and highly recommended the proposal be accepted. It would not be an emotional decision, rather one based on numbers. It would not be a detriment to the value of the Mall. It is all about diversification for malls and it would be a great opportunity for the City. He did not feel Simon was committed to the Mall in general. Pauline Hurley, 200 SW 13 Avenue, attended the Royal Palm campus of Christ Fellowship Church and worked at the City Place campus. The Church brings many positive aspects to the area commercial and retail markets. The Church worked closely with smaller churches to improve the entire community and did not take away from other churches No one else coming forward, Mayor Hay closed public comment. Vice Mayor Orlove read an article from the New York Times that reported near record vacancies at malls nationwide with major store closings and a new enclosed mall had not been opened in the United States since 2006. Vice Mayor Orlove emphasized the change could provide the City with tremendous opportunity. He did feel the Commission should look at the issue of the Boynton Beach Mall at a future meeting and what could be done to re- generate the Mall. The Christ Fellowship Church was a fantastic operation that brought something to the communities. Vice Mayor Orlove had toured two of their facilities and was very impressed. In his research he had gotten the feedback that anything that brings more people to the City would be positive. The Church is in the business of religion and they serve a purpose in the communities where they exist. There is tremendous potential and he wanted to move forward with lifting the ban just for religious organizations Commissioner Ross stressed the void of outreach that would be filled by the Church had been shown to be successful with positive outcomes. The business model established by the Church is exemplary. It would be a good calculated risk for the City. Commissioner Holzman reminded everyone it was not a vote on the Church, but on a moratorium that affects the entire City. There could be properties where a religious organization would not be appropriate and this information has not been provided. The Commission should not act hastily and if this Church or any other church were interested in a long -term relationship they would be here three months from now. There are two versions of the Simon Group's position in the matter and that should be investigated to understand exactly what is going on Commissioner Ross pointed out she had requested meetings over the last four years with the different Mall managers and got no response. The City was ignored and the 21 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Simon Group representatives were not present for this meeting or had any contact with the Commissioners either. The other churches in the City had not indicated concern. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). Vice Mayor Orlove questioned if the next agenda should include discussion relating to the Christ Fellowship Church since they are willing to discuss concerns expressed by the Commission. Attorney Cherof advised it would be a natural follow -up by the City Manager to report on the representations made. Ms. LaVerriere responded the March 6 agenda had closed. It would go to the March 20 agenda. Vice Mayor Orlove did want to add to future agenda items, either a workshop or some discussion regarding the Mall. Commissioner Holzman strenuously objected to the additional items and called Vice Mayor Orlove's requests out of order because they deviated from the approved agenda. B. Provide direction on additional phases of City Manager search process. Julie Oldbury, Human Resources Director, reported on the process and wanted direction on moving forward. She felt it would be appropriate for the Commission to decide how many candidates they wanted to interview. She had 57 applications and the Human Resources Department had narrowed the field to 10 candidates. Vice Mayor Orlove opined narrowing the field to three candidates would be sufficient. Mayor Hay asked if the expenses of the candidates from out of town to appear would be the responsibility of the City. Ms. Oldbury responded there were no budgeted monies to cover those costs. Relocation or interview cost reimbursement was not an option unless the Commission directed otherwise. Commissioner Ross preferred six, but would agree with whatever consensus could be reached. Commissioner Holzman felt six candidates would provide a good cross section of the candidates and the Commission should select the top six candidates. Ms. Oldbury cautioned her review would be a Human Resources process. Motion Vice Mayor Orlove moved to have the Human Resources Department narrow the field to six for the Commission to review and decide how to move forward. Commissioner Ross seconded the motion. 22 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Vote The motion passed 4 -0. C. Discussion of placement of public Electric Vehicle (EV) Charging Station Infrastructure. Carisse LeJeune, Interim Assistant City Manager, reported staff had reviewed all possible sites for charging stations on City -owned property. Two determining factors were the accessible electrical source and the other was destination /location. Florida Power and Light would not allow the use of their electrical source at the Barrier Free Park. Using electric from either the Park or the Tennis Court would increase the cost from $1,500 for a normal installation to $6,000 for a charging station at the Barrier Free Park. Charging stations can be placed at the Library, Oceanfront Park, City Hall garage the parking lot by the amphitheater, Fire Station #5 or 4 Street parking lot by the Jones Cottage. Limiting accessible, available parking spaces was a concern. Although there was a higher cost for a charging station at the Barrier Free Park, Commissioner Holzman, felt it was important to draw people to the area as a destination for many years. He remained concerned with the Oceanfront Park location that would require payment to park at the facility to use the charging station. He recommended removing the station at the Beach and relocating it to the Fire Station or at the Barrier Free Park that would reduce the cost by having two at one location. Motion Commissioner Holzman moved to approve the EV stations with two at the Barrier Free Park, one at the parking lot by the Schoolhouse Museum and two at the Library. Vice Mayor Orlove seconded the motion for discussion. There was discussion about the enforceability of only allowing electric cars to park at the designated spaces. The demand for the charging stations remains unclear and the usage would have to be monitored for the first year to see if it should be continued or expanded The expense of the Barrier Free Park installation would exceed the budgeted monies. Vice Mayor Orlove amended the motion to put one at the Beach, two at the Library, one at Schoolhouse Museum and one at Fire Station #5. Commissioner Ross seconded the motion. Commissioner Holzman did not understand the possible use at Fire Station #5. Ms. LeJeune responded the completion of the solar panel project would bring people to the facility and there were citizen meetings and training ongoing at the facility in addition to the adjoining retail businesses in Quantum Park. It did not make sense to 23 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Commissioner Holzman to make Fire Station #5 a destination. Commissioner Ross wanted further discussion and input from Chief Carter. Vice Mayor Orlove pointed out the sale of the vacant property next to the Fire Station could bring more people to the area. Ray Carter, Fire Chief, added Fire Station #5 was offered because of its close proximity to 1 -95 with easy access. It is not a destination location. There are volunteers that work there part time and short tours. In the event of a hurricane, the generator at the station would provide power for the charging station that may not be available at any of the other locations. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 12. NEW BUSINESS A. Expedited lien reduction. (This item was added to the agenda). Attorney Cherof explained there was a Tien modification order entered at the Code Board meeting for the Cuthills site and the fine was reduced to $3,500. The owners wanted to expedite the issuance of a Business Tax Receipt that cannot be obtained until the order is final. Ordinarily there is a seven -day time period that the Commission or property owner could review the matter and decide if the issue should come before the entire Commission for review. If there is consensus, the matter would not be moved further for appeal and the $3,500 fine would remain the final amount. If paid, Cuthills could receive their Business Tax Receipt and expedite the opening of the business. Commissioner Holzman disclosed he had spoken to the owner of Cuthills and they would pay the amount immediately and if approved, open their business this weekend. Motion Commissioner Holzman moved to approve the final order. Commissioner Ross seconded the motion. The setting of a precedent was a concern of Vice Mayor Orlove; however, Attorney Cherof indicated this would be a first and he did not expect the same scenario to arise again If it did, the Code procedure could be amended to shorten the time period. Ms. LaVerriere added the owners have improved the property and the business would be open sooner so there were no reservations by staff. 24 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Vote The motion passed 4 -0. 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -001 - PUBLIC HEARING - SECOND READING - Request to conduct public hearing and approve the amendment of the Quantum Park DRI development order consistent with the Master Plan Modification (MPMD 12 -001) approved on December 6, 2011 to convert the land use options on Lot 75 from 01 (Office and Industrial) to OIC (Office, Industrial and Commercial). Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 12 -001, by title only, on second reading. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. B. PROPOSED ORDINANCE NO. 12 -003 - FIRST READING - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. Attorney Cherof read Proposed Ordinance No. 12 -003, by title only, on first reading. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. 14. FUTURE AGENDA ITEMS A. Charter Review Committee Report - 3/20/12 B. Brand Promise Committee Report - 3/6/12 25 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 C Arts Commission Annual Report- 3/6/12 D. Economic Development Program Update- 3/6/12 E. Update on City -owned property for sale- 3/6/12 F Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 G. Update on In -house Medical Clinic- 3/20/12 H. Discuss Scope of Services for Police Department Study - 3/20/12 I. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 10:45 p.m. CITY OF BOYNTON BEACH Wo ow ay, M. v.r 'William =a rib" -, Vice Ma. .r _ - 41111 • f Steven Holzma , Commissio, ATTEST: Marlene Ross, Commissioner a. `AL • Ja et M. Prainito, MMC ' ity Clerk ith A. Pyle, CM f► -puty City Clerk 26 DEVELOPMf T ORDER OF THE CITY COMMIS )N OF THE Ci fY OF BOYNTON BEACH, FLORIDA PROJECT NAME Colonial Gateway Veterinary Center (MSPM 12 -002) APPLICANT'S AGENT Mr Jim Rodgers AGENT'S ADDRESS: 8182 SE Cumberland Circle, Hobe Sound, FL 33455 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 21, 2012 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to construct a 5,950 square foot addition to an existing 1,400 square foot veterinary office building, for a total of 7,350 square feet on a 0.44 acre parcel in the Neighborhood Commercial (C -2) zoning district. LOCATION OF PROPERTY 2235 N Federal Highway, Boynton Beach, FL 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 .p the requirements of the City's Land Development Regulations. ' - '. 2. The Applicant ✓ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7. Other r . 1 . - t, DATED. c4/ _a 7- /o� �_� - am • �.� m, WI7 City Clerk V. S \Planning \SHARED \WP \PROJECTS \Colonial Gateway Veterinary Center \MSPM 12- 002 \D0 doc 0M- Exhibit "C" Conditions of Approval Project Name Colonial Gateway Veterinary Center File number: MSPM 12 -002 Reference: 2 review plans identified as a Major Site Plan Modification with a January 3, 2012 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 1. Prior to permit issuance, execute a maintenance agreement with the Engineering Department for the landscaping placed in X the r -o -w. FIRE Comments 2. No comments at this time. Any concerns will be addressed X during the permit plan review process. POLICE Comments: 3. None, all previous comments addressed. X BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) X process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Indicate within the Site Data the type of construction of the X building, as defined in the 2007 Florida Building Code. 6. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 7. A water -use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its X source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 8. If capital facilities 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 X application: Colonial Gateway Veterinary Center MSPM 12 -002 COA Page 2 of 3 DEPARTMENTS INCLUDE REJECT 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 the amount for each. 9. 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 incorporate all the conditions of X approval as listed in the Development Order and approved by the City Commission. 10 The exterior walls of the building shall be fire rated in accordance with Table 602 of the Florida Building Code, based X upon fire separation distance. Refer to north and west walls. 11. The percentage of openings permitted in the north and west exterior walls shall comply with Table 704.8 of the Florida Building Code. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall X construction comply with Table 704.8 Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per Table 704.8. 12. Submit an occupant load for the second floor. Refer to Florida X Building Code Section 1004 and Table 1004.1.1. PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments. 13. Shade trees are required to be installed along the west perimeter of the site to match that of the south perimeter, since X the abutting property, although used for non - residential purposes, is also zoned residential PLANNING AND ZONING Comments: 14.It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04 -007 and Ordinance 05 -004 and an affidavit provided to the X City Clerk. Colonial Gateway Veterinary Center MSPM 12 -002 COA Page 3 of 3 DEPARTMENTS INCLUDE REJECT 15. For projects with a valuation of $250,000 or more, the applicant is responsible for compliance with Ordinance 05 -060, the "Art in Public Places" program, and should indicate the proposed X location of the art work on the site plan. Debby Coles - Dobay, Public Arts Coordinator may be reached at 561- 742 -6026. 16. Prior to permit plan submittal, correct signage details on the site plan drawings (building elevations) to match those on the sign X shop drawings. COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S \Planning \SHARED \WP \PROJECTS \Colonial Gateway Veterinary Center \MPMD 12- 002 \COA doc EXHIBIT "A" - SITE LOCATION MAP COLONIAL GATEWAY VETERINARY CENTER (MSPM 12 -002) 1 C -3 R -1 AA _ ► - RE R 3 PUD # ix z o w AAA Z IPUD MIR -1 AA e .. 3 _ 0 iTh,_ - ,. WAY B LVD LAS PALMAS P • Ci - j � .,, - - 2 IPUD 1/1 C - AM R -3 / . . " 1. 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