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Minutes 03-17-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 17, 2015 AT 5:30 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 5:30 p.m. Roll call revealed a quorum was present being Mayor Taylor and Commissioners McCray and Merker. CLOSED DOOR SESSION held on March 17, 2015 at 5:30 p.m. for a private attorney - client session to discuss pending litigation in the cases of William Patterson vs. City of Boynton Beach - in the Circuit Court of the Fifteenth Judicial Circuit, In and For Palm Beach County, Florida Case No. 50 2014A005149XXXXMB AF and the 222014CA005149XXXXMB AF and the case of C.M. vs. City of Boynton Beach and Stephen James Maiorino - Case No. 2014CA013942 Attorney Cherof explained the two cases would be discussed separately. For the first case, Patterson vs. the City of Boynton Beach, the Commission, Attorney Cherof, Assistant City Attorney Shana Bridgeman and Attorney Michael Burke would be present for the discussion. For the second case, C.M. vs. the City of Boynton Beach and Stephen James Maiorino, Commission members, Attorney Cherof and Assistant City Attorney Bridgeman would be present. When the attorney - client discussions are concluded the Commission would return to Chambers to continue with the regular City Commission meeting. Mayor Taylor recessed the meeting to the closed -door session at 5:33 p.m. (Commissioner Fitzpatrick arrived at 5:33 p.m.) Mayor Taylor adjourned the closed -door session and reconvened the City Commission meeting at 6:30 p.m. Roll call revealed all members were present. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Invocation Pledge of Allegiance to the Flag led by Commissioner Michael Fitzpatrick Mayor Taylor discussed Saint Patrick and offered the invocation. Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fitzpatrick pulled Item 6.B for discussion. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray disclosed he had spoken with Attorney Michael Weiner. He attended the following events; • Opening of the Publix Supermarket on Congress Avenue; • The Chambers event at Lowe's; • Met with the Coalition of Ministers, Vivian Brooks and staff; • Galaxy Elementary Carnival; • K -9 competition; • Grand opening of Johnson's Memorial Chapel; • Ribbon cutting at Signature Self Storage; and • Chamber of Commerce luncheon in the Mall. Commissioner Merker commented on St. Patrick's Day. Vice Mayor Casello disclosed he had met with Attorney Michael Weiner. He was a guest at the Delray St. Patrick's Day Parade and Boynton Beach was well represented by the Fire Department. 2 MARCH 17, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Commissioner Fitzpatrick had gone to the South Florida K -9 competition, opening of Johnson's Memorial Chapel, met with Attorney Michael Weiner, attended the CRA meeting, Chamber of Commerce luncheon, Love of Literacy luncheon and the first annual Blarney Bash. Mayor Taylor went to the K -9 competition and was proud of the officers who competed. He had gone to the Literacy Luncheon and the City was recognized as winning the competition to get the most children to read and mentioned the Blarney Bash had a good turnout. He disclosed he had talked with Michael Weiner. Commissioner McCray commented an extensive police chase had ended in Boynton Beach and a Boynton Beach K -9 Officer apprehended the individual. The K -9s are super. Mayor Taylor added the same K -9 had won the award for the hardest hitting dog competition. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the "Mayor's Award" by Mayor Taylor, to representatives of the Barrier Free 5K Run/Walk winning team and announcement by the Realtors Association of the Palm Beaches (RAPB) the amount of money that will be donated to the Greater Boynton Beach Foundation, which was generated from this year's Barrier Free 5K . Wally Majors, Director of Recreation and Parks, showed a video of the 5K event at the Barrier Free Park. He thanked the Realtors' Association of the Palm Beaches for partnering with the City to raise funds for the Park. Pamela Banks, a local Realtor with RE /MAX Direct, chaired the 5K Walk. The event began in 2012 to benefit the Barrier Free Park on Congress Avenue and it has grown each year. There were 220 registered participants and 165 finished the race. There were additional events this year. Awards were presented to the male and female who completed the course the fastest. There was a team competition that was won by the Evert Tennis Academy who had three teams competing. All participants would receive a t -shirt and she thanked all those who had sponsored the event. Danielle Boutin, Realtor, advised the race would continue next year on the second Saturday of February. She presented a check to the City for $3,600 to the Boynton Beach Foundation to benefit the Barrier Free Park. A certificate of appreciation was given to Mr. Majors for all his efforts. Mayor Taylor thanked the Realtors' Association of Palm Beach County who has sponsored the event the last few years. It is the work of the partners and staff who did a great job that make the event a huge success. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 B. Update from Treasure Coast Regional Planning Council on Town Square options. Vivian Brooks, Executive Director of the Community Redevelopment Agency (CRA), introduced Marcela Camblor who presented an update on the study done by the Treasure Coast Regional Planning Council. Ms. Brooks expressed the hope the Commission could give staff some direction based on the presentation. Ms. Camblor recalled there was a resident planning session in 2014 that reviewed the future of the four block area in the heart of the City. They indicated their concerns and hopes for the future of the Old High School building. The future of the building had been discussed previously, but not in the larger context of downtown Town Square. There was consensus that the four block area that contains the Library, Old High School, Museum and other civic buildings, should be maintained as an active and lively center. It is a pivotal element for the City that could bring the energy of visitors to the area and bring them to the main street. The majority of the participants felt the Old High School building or some form of it should be preserved or restored. The idea the area should become a mixed -use district and an arts and civic district would bring the four blocks into a Town Square plan. It would require relocation of City Hall, the Police Department and the Fire Department. There was consensus all the civic activities happening throughout the area should be consolidated into a single building. There would need to be elements that announce arrival to the key destination. The plan should create opportunities for private /public partnerships for development in the future. Maintaining the historic tree canopy was identified as a key element of any future plan. Improving visibility and access to some of the existing buildings was needed. Two options were previously brought before the Commission. One option assumed a complete restoration of the Old High School and the other option included a partial restoration of the Old High School. The CRA Board requested the third option that would eliminate the structure and redevelop the site. The first option would assume that the civic and recreation elements would be consolidated into the high school and expand the programs. There would be a new City Hall built on another site. Fire Station #1 would be relocated. There would be mixed - use development on the block along Boynton Beach Boulevard with a new north /south lane between Boynton Beach Boulevard and NE 1 Avenue to move traffic into the new civic and arts district. Entry features onto Ocean Avenue would establish a connection between Ocean Avenue and the district. There would be expanded parks and green areas with proposed additional redevelopment along SE 2nd Street. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 The Master Plan proposes the creation of an entire block of mixed -use development with a street or lane entering an internal area of destination. Fire Station #1 would be moved to the corner of Seacrest and NE 1 The Kapok tree would be part of the enhancement for the entrance to Ocean Avenue. City Hall is designed to be relocated directly north and adjacent to the Library. The uses of the two structures could be combined when needed. The Kids' Kingdom playground would be expanded with the adjacent parking spaces converted to park areas. The amphitheater would be preserved. There would be areas beside the Library that could be used for additional parking, with the lot lined by residential units. There would be an easy transition to the area for both vehicles and pedestrians. All of the plans utilize shared space to connect the buildings to make it appear to be a very unique and special place. The principal aspects could be displayed in 20 or 30 ways to create the center and achieve the goals and objectives. Option A maintains 73% of the land as public ownership within the four blocks and has 390 residential units, 35,000 square feet of retail and 700 parking spaces. The residential units would be four to five stories. Option B preserves the front of the Old High School and keeps the other elements consistent with Option A. The challenge would be if only the front is preserved, with redevelopment of the block, parking would be Tess efficient. One proposal would move City Hall adjacent to the Library and another would move City Hall into the renovated part of the Old High School with an added new component. The proposal maintains 66% of the area in public ownership with 390 residential units, 35,000 square feet of retail and 772 parking spaces. Option C maintains all the same elements of A and B, except the Old High School is demolished and replaced with mixed -use and residential development. This has 55% of the land dedicated to public use, 460 residential units, 35,000 square feet of retail, and 730 parking spaces. The common elements include keeping Boynton Beach as a signature address and really focus on the first impression being made. The element of connectivity makes it very accessible to pedestrians to conduct civic, art and entertainment activities. The edges have been addressed with residential units. Open sites would remain that would respond to the type of density suggested and intensity into the future. On- street parking is key to make the area more safe to people and yield more development on the site. It can be done right away and bring people to the area. The next steps are to select the option and strategy, do a financial analysis, establish goals, explore and issue a RFP /RFQ for the proposal to enter into a public /private partnership. Mayor Taylor thanked the Council for the presentation. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 C. Proclaim, Saturday, March 21st, 2015 as All People's Day Mayor Taylor read the Proclamation for All People's Day on March 21, 2015. D. Announce the details of the recent Discovery Channel documentary on the Sigelock Hydrants and to view the TV segment. Colin Groff, Utility Director, introduced Michael Low, Manager of Technical Services. Mr. Groff indicated the City had changed to new hydrants that were shown to an international audience on Discovery Channel. Mr. Low explained the video was shown on Canadian TV Discovery Plant Show called the Daily Planet. The show averages a quarter of a million viewers with a high proportion in the 18 -49 and 25 -54 age groups. The video was intended to demonstrate a nice side of Boynton and the viewers may be inclined to visit the area. The program can be viewed "On Demand" and through the web and is expected to be shown in the United States. The video was viewed. Mayor Taylor remarked it was impressive that Boynton Beach is on the cutting edge. Vice Mayor Casello asked about the cost of the new hydrants. Mr. Groff responded the initial cost was 20% more with a hundred year life compared to a 20 -year life. Firefighters say access is easier and quicker and the hydrants are secured. Water quality is a major concern. Hydrants that are out of service have to be bagged. Yearly, 50 to 60 hydrants would be replaced with the new hydrants. Mr. Groff stressed that fire hydrants need to be secured. Commissioner Fitzpatrick questioned how many hydrants were damaged by vehicle accidents. Mr. Groff indicated there were a few each year and they are replaced if the damage is severe and insurance reimbursement is sought. E. Announce the Great American Clean Up 2015, and ask our community to take part in this event by joining thousands of volunteers of all ages across America who will be taking part in efforts to clean up and improve their local communities. Boynton Beach Oceanfront Park is one of several sites in the County that was chosen to be part of the project, and the "clean up" will begin at 8:00 a.m. on Saturday, May 2nd; and the Boynton Beach Ocean Inlet clean -up will begin at 8:00 a.m. on Saturday, April 25th. Mayor Taylor read the announcement for the Great American Cleanup on May 2 and April 25 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 4. PUBLIC AUDIENCE MARCH 17, 2015 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) Minister Bernard Wright, a community advocate and President of the Wells Foundation, objected to Woodrow Hay being reappointed to the CRA Board. It would be a conflict of interest being a Chaplain of the Boynton Beach Police Department, member of the Coalition of Clergy, employed by and a minister at St. John Missionary Baptist Church and other affiliations. There should be new blood appointed to represent the Black community and there needed to be a revamping of City government. None of the current Commission had been involved in the research of the historic project or attended the Robert Wells celebration. He opined there had been a monopoly of City government for decades. He suggested all the candidates who applied for the CRA vacancy to join him on a committee to oversee both the City Commission and CRA and hold them accountable. He stressed the Boynton Beach Coalition of Clergy did not represent Mr. Wright's ideology and they do not speak for the disenfranchised people in Boynton Beach. No serious money has been spent in the Heart of Boynton that makes up the CRA district. Paul Martin, 3540 S. Ocean Boulevard, a member of the League of Cities, represented a company called Future Energy Solutions. If the City would qualify, his company would evaluate the current lighting and there would be no charge for new inductive lighting with no maintenance charge for 15 years. Their fee is a percentage of the savings achieved. Mayor Taylor suggested a proposal be submitted through the City Manager's office to b; ing before the Commission. Commissioner Merker interjected he found it distasteful and disrespectful to address the former Mayor Woodrow Hay in the manner previously done. Former Mayor Hay puts his heart and soul into what he does. His decision making is on his own merits. It was improper to be disrespectful to anybody. Harry Woodworth, 685 NE 15 Place, President of INCA, thanked the CRA for the Blarney Bash. He reviewed the recent improvements along North Federal Highway fixing the sidewalks. ATT and Comcast have to remove their poles. City workers have worked on the landscaping and quotes were being sought for other landscape materials and pavers. He was pleased the green garbage cans had been removed from City Hall. The goals of INCA are taken from the strategic plan of the City. LuLu DeCamara, 836 East Drive, commended the Commission and staff on their efforts in acquiring a branding statement and banners for areas of downtown. She pointed out the area covered was only a fraction of the City of Boynton Beach. She MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 8 MARCH 17, 2015 thanked Code Compliance and Jeff Livergood for their help in getting some Code issues resolved. It was her opinion that more Code officers were needed to cite more infractions. The present system operates on a complaint basis rather than a proactive approach. People hesitate to get involved and make complaints. Ms. DeCamara asked that the trash and debris in the medians be removed as part of the landscaping contract. Litter has a very negative impact on the entire City and a deterrent for economic development. Ron Silverio, 10 Velaire Drive, talked about Old Boynton Road and the area from Congress Avenue to the canal bridge. He described it as the unofficial drag strip of Boynton Beach. It was a matter of urgency to install the traffic light that was planned for the intersection of Velaire Drive, Renaissance Commons Boulevard and Old Boynton Road. There have been terrible accidents at the intersection. The road is very wide. The Police Department has done speed traps and it helps at that time only. The traffic Tight was budgeted when the project was designed. Reverend Richard Dames, Pastor of Hopewell Missionary Baptist Church, 7284 West Boynton Beach Boulevard and President of the Boynton Beach Coalition of Clergy, recognized all the ministers of the clergy and congregants who support the Boynton Beach Coalition. He was honored to have been chosen by his peers to speak on their behalf as well as the citizens of the City. There is an issue that invokes passion on both sides of the spectrum. Studies show police officers are more likely to stereotype citizens of high crime communities resulting in more encounters. The Black men in the Heart of Boynton Corridor have the perception if they are standing in a high crime area, it is loitering, if walking, it would be prowling and if running, stealing is the assumption. All Black men are not bad men. It is criminal profiling. Many Boynton Beach families do not feel they are treated fairly, but treated as targets and it is unwanted, unnecessary and unacceptable. The Police Department has made some progress in their efforts with the "It Takes A Village Teen Summit" East Boynton Beach Wildcats and Boynton Beach High School among others. The goodwill gained is overcome with the SWAT style tactics after dark. Every officer took an oath to serve and protect the citizens of the City; however, many Heart of Boynton residents do not feel they are being served and protected. The community hopes a feeling of fairness will come for all people regardless of the color of their skin. Dr. Tommy Brown made recommendations based on recent and past activities. It was suggested that a committee be established that would report to the City Manager and Police Chief, to bring a best practice recommendation to reduce crime and boost community trust with the police in all districts in Boynton Beach. It should not be a committee whose recommendations would be ignored, but given serious consideration. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 It was asked that an aggressive plan be implemented to hire police officers who would reflect the community, are sworn to protect and serve, receive additional training for local law enforcement officers on engaging with the diverse public and be equipped with body cameras. The third recommendation was to implement community policies and initiatives with the hope of gaining the trust of residents. Even the officers may develop a better view of the community and the members they are sworn to serve. Prompt attention was needed and he personally endorsed Reverend Woodrow Hay to be reinstated on the CRA Board. Dr. Michael McClendon, Pastor of Real Life Family Worship Center, native of Boynton Beach, indicated the Coalition of Clergy was interested in obtaining data derived from the high speed chase and arrest conduct of the City of Boynton Beach Police Department under the supervision of Chief Katz in August of 2014. Review of newspaper articles and several other sources of information had been done. They requested the data before commencing to include previous and current cries of excessive force, violence and inhumane, primitive abuse by the City of Boynton Beach Police Department. There is a concern when the Police Chief publicly endorses excessive use of force, a violation of State ordinance and acute violence bearing on an ongoing investigation. How can any citizen feel safe or maintain beliefs that the Police Department will protect and serve without neglecting fair and just execution of services? They requested department policies in the areas and in any new area of research being developed that can reassure fellow citizens with an ability to trust current administration of public service. They were interested in learning more about the training on police officer conduct or participation in cultural sensitivity, public disclosure, honesty, integrity and other issues that have captured the attention of the Federal Bureau of Investigation. There was a list of data requested and that all responses be made in writing. Pastor Kenneth B. Jones of Boynton Beach Church of God, expressed the need to examine the data including the following items: Copy of the original video of PBSO aviation unit; Dash cam videos; Data videos originally received by the Boynton Beach Police Department; Names of all the officers involved; Watch commander recordings and all supervisors informed; Copy of dispatch communication from the incident to one hour after the incident; Copy of training manuals on the use of excessive force; Copy of most recent training of excessive force training of those officers that were involved; Copy of diverse training data and how it is enforced; Copy of officer's report of the incident in question; 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Department policies on use of excessive force; Why was FDLE not included in the primary incident; Policies of Department failure to report accurate information on the incident; Policies requiring clear and correct details; Reports by Police Department; and Why was the incident versus another Boynton Beach Police Officer's use of excessive force on a minor assimilating in the same format as the Police Department excluded to inform those in the community that they were sworn to protect and serve? The question was raised if there was still an agenda that fosters racism and unnecessary force, still focused on from years of abuse and police violence from the past administration and the current administration. Pastor Jones requested a speedy response time to obtain the data and be provided in no more than seven business days. Reverend Nathanial Robertson III, Pastor of Greater St. Paul African Methodist Episcopal Church, reported the people of his Church live in fear. In the wake of recent shootings and countless others, the people are afraid. The situations that perpetuate fear start from the top down. In a press conference, Chief Katz stated the process of determining whether officer conduct is justified lies clearly in distinguishing what he knows, can prove and believes. At the same press conference, declarations were made that the driver of the car that struck Officer Williams was Byron Harris and the officers on the scene faced extreme resistance. It was asserted the information provided at the news conference was an untruth. After six months of investigation, the State has issued no such charges against Mr. Harris that remotely reflect these public declarations, nor has he been charged with resisting arrest. It was believed the false declaration is an attempt to mislead citizens, cover up the truth in an attempt to justify the violation of State of Florida pursuit policy, as well as the brutal use of force. False declarations lead to questions about integrity. It was known that two of the people in the car were African Americans and yet the third person and owner of the vehicle was a White American. It can be proven that both African Americans were charged and are currently behind bars. The White American was not charged or behind bars and was granted clemency even though he is a convicted felon and was on probation. It was opined this was not an unusual practice for the Boynton Beach Police Department and that the citizens of different races are treated differently. Fear makes things worse. Chief Katz remarked the police officers were afraid and it affected their response. If the people of the community are afraid it affects their responses as well. Ray Whitely, a part of the Coalition of Clergy and President of Boynton United, Bury the Violence, asserted it must be clear that we respect those who protect us from harm daily. We pray for safety and peace of mind for their wives and children while at work. When the police become more aggressive the community has to act swiftly. Delay in confronting the problem, the entire community will be lost. Every African /American male 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 that is out after sundown is not selling drugs or has intentions of breaking the law. Most are honest, law- abiding citizens like everyone else. There have been incidents of pastors being stopped, forced out of their cars and illegally searched on their way from church; stopped, not for breaking the law, but for being in the wrong place at the wrong time. It is not a crime to drive in the Heart of Boynton after 10 p.m. in a nice car. Examining all the coverage, it sounds like a story that ends in total chaos. Rev. Whitely had faith that a different ending could be negotiated. The following twelve parishioners came forward in support of the Coalition of Clergy: Dan White - 524 NE 2 Street Peter McCredie David Riggleman - 107 NE 13 Avenue Clyde Voce - 42 Buxton Lane Sandra Toliver June Lewis Diane Lester Willie Aikens - 726 NE 1 Street Kathleen Hawkins - 2760 NE 5 Court Jeffrey Nalo - Cheryl Grimes Virginia (unknown) In summary, Keith S. Moore, 3185 East Atlantic Drive, said humanity needs to have a feeling of belonging to be part of humanity and know they are safe. Anything that threatens safety, must be scrutinized and affirmed and make sure that the truth is told. The situation must withstand public and private scrutiny with all people speaking with one voice. Commissioner McCray thanked the Clergy and congregants for coming forward and offering their support. He stood with the citizens wholeheartedly. He was only one vote and he did endorse former Commissioner Woodrow Hay. Mayor Taylor thanked the citizens for using this peaceful manner to bring the issues to the Commission. It appears there are problems that need to be addressed. Mayor Taylor did not believe or condone the use of excessive force. Police personnel should only use necessary force and never use excessive force. If the information requested is public information, it would be made available. Living with fear was not appropriate for the City of Boynton Beach. Police protect the good people from bad people, yet they have to be discerning and know how to deal with it. Racism is unacceptable. The truth in all situations has to be found. Mayor Taylor suggested a town hall meeting be scheduled that focuses on the concerns expressed at the meeting. The problems have to be identified with open communication. A convenient time and place will be 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTCN BEACH, FL MARCH 17, 2015 organized where the concerns about police training can be discussed, if the Commission agrees. Commissioner McCray advised he does not attend meetings for personal agendas. He would be in attendance for the suggested town hall meeting. Commissioner Merker thanked those in attendance for appearing. Open dialogue was needed for everyone to learn and understand what was happening in the City. He hoped to continue to learn and help alleviate the concerns. Vice Mayor Casello was embarrassed because he did not know the deep feelings existed in the African American community. He hoped Woodrow Hay would be a conduit in the future when problems arise and can be immediately addressed. Commissioner Fitzpatrick, as a White person, could not really understand racism because he had not been exposed to it. He knew racism still exists and is soul destroying. He agreed to do his best to work on it, but as a Lieutenant Firefighter /Medic he drove the same motorcycle cop twice to Bethesda when he got hit. When your best example is a guy who intentionally swerved to kill a police officer and left him for dead in the middle of road, Commissioner Fitzpatrick had very little sympathy for the driver. Why the other individual in the back seat is not in jail may be a problem. The problem with clergy being stopped would make a stronger case. He would participate in any initiative. Pastor W.J. Aiken, New Day Fellowship Missionary Baptist Church, reiterated the information requested needed to be available. There is no right way to do wrong. Mayor Taylor replied any information that is available will be released. There is information withheld while investigations are ongoing. Any public record would be provided. Pastor Aiken supported the reappointment of Woodrow Hay. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Discussion and possible appointment of Vice Mayor Mayor Taylor referred to Attorney Cherof's memo advising the Charter indicates the Vice Mayor is to be appointed immediately following an election. In the past, the Vice Mayor was rotated every year. Commissioner McCray had initiated the discussion and recalled there have been Charter changes over the years. Although he supported Vice Mayor Casello continuing in the role, he wanted to follow the procedure that had been in place. Mayor Taylor understood the issue was not addressed for personal reasons. Commissioner 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Fitzpatrick noted it was not clearly written. There is a reference to annually. The next Charter review should include clarification of the language. Mayor Taylor declared Vice Mayor Casello remain Vice Mayor for another year. Vice Mayor Casello thanked the Commission. B. Discussion of Commission interest in establishing Community Investment Funds and policies governing such funds. Mayor Taylor indicated $10,000 had been budgeted for community funding. Each Commissioner would have been given $2,000 to donate for a cause that benefits the community. The Mental Health Committee needed some funding to do minimal things and Mayor Taylor was advised the new ethics laws were an issue. Staff wanted to write a policy on how the funds would be distributed that would be sent to the Inspector General for review. Commissioner Merker was appalled by the funding. It is public money and the politics of taking money to get votes. If money is available, it should be directly budgeted. Personal donations would be appropriate. Using public funds is misleading and misrepresenting. The money budgeted should go to community ventures, but not given individually and specifically. Mayor Taylor responded helping the Mental Health Committee to help those with problems was not a way to get votes. Commissioner Merker indicated he was speaking generally about the slush fund. The Mental Health Committee was designed to help people, but not designed to be government funded. Donating money to organizations was appropriate, but it should not appear to come from a politician. Commissioner McCray recalled a budgetary amount was given to each Commissioner that was spent at the individual's discretion. The Inspector General came into existence and now a policy should be established and sent to the Inspector General's office for consideration. It is nothing new for those previously on the Commission and it was not trying to get votes. Vice Mayor Casello noted the account had not been funded since 2009 and at that point it was $50,000 to $60,000. It is discretionary funding that has been scrutinized by oversight boards and the public and referred to as a slush fund. In his opinion, the five Commissioners would be vying for the same limited dollars which could result in claims of unfairness and favoritism. Vice Mayor Casello suggested the $10,000 be returned to the General Fund to make up a shortfall for the replacement of a fence at Ezell Hester Center. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion MARCH 17, 2015 Vice Mayor Casello moved to reject funding for establishing community investment funds. Commissioner Merker seconded the motion. Commissioner Fitzpatrick recalled 18 years ago he had lobbied the County Commissioners for their funds that were $150,000 per County Commissioner. It was then instituted in Boynton. It was the source of funding for the clock in front of the Children's Museum. There are very few things a Commissioner can personally take credit for doing. A fund of $2,000 per Commissioner is not a major issue. It is a hassle to get any funding through the Commission. Mayor Taylor agreed donations and expenses come up long after the budget has been passed. Vice Mayor Casello agreed the intentions were commendable, but it was a slippery slope. Mayor Taylor explained any donation had to come before the entire Commission for approval. Commissioner Merker reiterated the act of doing it individually was wrong. It should be done as a group with the required three votes. Vote The motion failed 2 -3 (Mayor Taylor, Commissioners McCray and Fitzpatrick dissenting). Motion Commissioner Fitzpatrick moved to make a policy and send it to the Inspector General. Commissioner McCray seconded the motion. Vice Mayor Casello inquired if the $10,000 would remain in the budget and not spent until an official opinion is issued. Vote The motion passed 4 -1 (Commissioner Merker dissenting). C. Review applications and appoint citizen member to the CRA Board for a four -year term expiring in March, 2019. Mayor Taylor explained there were two methods to proceed. One method would allow each Commissioner to rank each applicant and then tally the votes. The other method would be to open the floor for nominations that would be voted on individually. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner McCray moved to open the floor for nominations. Mayor Taylor passed the gavel and seconded the motion. Commissioner Merker asserted the candidates were not being given the opportunity to present their credentials. The advantage was to the incumbent. The procedure should have each candidate address the Commission. He suggested the matter be postponed so each candidate could appear and speak. Vote The motion passed 3 -2 (Vice Mayor Casello and Commissioner Merker dissenting). Nomination Commissioner McCray nominated Woodrow Hay to remain on the CRA Board. Commissioner Merker nominated Linda Cross. Vice Mayor Casello nominated James DeVoursney. No further nomination being made, Mayor Taylor closed the nominations. Commissioner Fitzpatrick remarked he had interviewed two of the candidates and knew the others fairly extensively. There was an opportunity to prepare for the selection. He was pleasantly surprised there were good, qualified people that want the position and he hoped all the applicants would stay involved in public service in Boynton Beach. Mayor Taylor agreed and felt all the resumes and candidates are more than qualified to serve. There are nine boards with openings and no one has applied. He urged the candidates to get involved in the community. Vice Mayor Casello concurred. He had read the resumes and was particularly interested in the perceived three problems within the CRA. It was proposed that there be future discussion on making the CRA Board entirely civilian candidates. It would take the politics out of the CRA. Vice Mayor Casello commended all the applicants who had applied. Commissioner Merker argued there needs to be change. Although the current Board has done a good job, there is a point where the members become saturated and new ideas were not forthcoming. Commissioner Fitzpatrick thought term limits for the CRA Board members of either eight years or six years with two three -year terms or two four -year terms be considered so there is some cycling. 15 MARCH 17, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner McCray stressed the current Board was doing an excellent job. However, he continued, as he had in the past, to support the Board returning to total citizen participation. Mayor Taylor called for a vote on the nomination of Woodrow Hay. Vote The vote was 4 -1 (Commissioner Merker dissenting). Mayor Taylor declared Woodrow L. Hay reappointed to the Community Redevelopment Agency Board. Commissioner Merker agreed the current Board as it is composed does very good. But, he was open to change after further research and discussion. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: 1 NN Stu Employees' Pension Trustees: 1 Reg. Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 1 Alt Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts There were no applicants. 6. CONSENT AGENDA MARCH 17, 2015 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. PROPOSED RESOLUTION NO. R15 -024 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R15 -025 - Approve conveyance of 913 N Seacrest Blvd. from the CRA to the City for the future expansion of Sara Sims Park. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Commissioner Fitzpatrick recalled in 2014 he had moved to purchase the property in question and it was seconded by Commissioner Merker. It was valued at $18,000 and the City paid $45,000, two and a half times the appraised value. It is .23 acres and that works out to $195,000 per acre. If the City cannot afford to pay less than $21,000 per acre for a lakefront park, there is no way we can afford nine times that amount for a bulldozed lot. It will cost $1,800 for annual maintenance and it will be a loss of commercial taxes. He proposed the lot remain with the CRA and it be marketed as a commercial site. Motion Commissioner McCray moved to approve Proposed Resolution No. R15 -025. Commissioner Merker seconded the motion. Vice Mayor Casello had viewed the Sara Sims Park and he characterized it as a pig's sty. He was in favor of expanding the parks in Boynton Beach. The $1,800 annual maintenance would be more than it was for the Lake Ida Park parcel. Vivian Brooks, CRA Executive Director, pointed out the parcel had been rezoned by the City and it is no longer commercial. By State statute the CRA is not allowed to maintain parks. There is an adjacent City parcel that is a problem and it had been reported to the City. There was a meeting with City staff so there is a clear understanding of what parcels need to be maintained by the City. Commissioner McCray had gone to the site and saw the litter and debris. He was aware how the Park has been misused. Those individuals that use the Park need to be re- educated and it should be part of the proposed town hall meeting with the clergy so they can discuss it with their congregations. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). C. PROPOSED RESOLUTION NO. R15 -026 - Approve one (1) year extension of the Conditional Lien Waiver Pilot Program. D. PROPOSED RESOLUTION NO. R15 -027 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Jacques Saint Fleur for the property at 1206 Peak Road, Lantana, FL. E. PROPOSED RESOLUTION NO. R15 -028 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Robert E. Newell as Trustee of the Robert E Newell Living Trust for the property at 7768 Terrace Road, Lantana, FL. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 7. BIDS AND PURCHASES OVER $100,000 Motion 18 MARCH 17, 2015 F. PROPOSED RESOLUTION NO. R15 -031 - Authorize the Mayor to sign the plat for the Silverwood Estates project to accept dedications per plat for the utility easements and lift station easement for water and sewer service by Boynton Beach Utilities. G. Approve the one -year extension for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for March 17, 2015 - "Request for Extensions and /or Piggybacks ". H. Accept the written report to the Commission for purchases over $10,000 for the month of February 2015. I. Accept first quarter report on operations of Schoolhouse Children's Museum and Learning Center for FY 14/15. J. Approve the list of surplus vehicle /equipment as submitted by the Public Works /Fleet Maintenance Division to be disposed of thru the auction process and authorize the City Manager to sign the auction agreement. K. Approve the minutes from the Regular City Commission meetings held on February 17 and March 2, 2015 A. Approve Change Order #5 for Man Con, Inc. for the Central Seacrest Corridor Utility Improvement project in the amount of $120,009 for additional sidewalks which will be funded by Public Works. Commissioner McCray moved to approve the Change Order. Commissioner Fitzpatrick seconded the motion. Commissioner Fitzpatrick wanted to know the reason for the cost overruns. Mr. Groff advised the Change Order covered additional sidewalks that were not included in the original project. There is a lump sum of money budgeted by Public Works every year to replace sidewalks. It made sense to add these gaps in the sidewalks within the project as it was being done. It was a good price and the contractor was already in the area. It would create a continuous sidewalk from the project to the main road. The request would be to take the budgeted monies out of Public Works and transfer them to Utilities for the sidewalks in the area of the project. Commissioner McCray wanted to know the area covered. This would be central Seacrest corridor neighborhood improvements from Boynton Beach Boulevard south to MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SW 6 with the west border being 1 -95 and the east border being Seacrest Boulevard. It is the neighborhood project where we are upgrading all the utilities. Commissioner McCray pointed out it was District III and not everything was going to District 11. Commissioner Fitzpatrick suggested matching dollars for dollars in Districts. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R15 -029 - Approve the Property and Casualty Insurance, General Liability and Automobile Liability Insurance and Workers' Compensation Insurance Program Renewals and authorize the City Manager to execute required documents for the policy year 4/1/15-03/31/16. Motion Commissioner Merker moved to approve the renewals. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING MARCH 17, 2015 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. Request Conditional Use and Major Site Plan Modification approval for a Pet Care (Boarding and Daycare) facility in an existing 7,700 square foot tenant space, including conversion of nine (9) surplus parking spaces into a screened outdoor dog run, located in Shoppes of Boynton at the northeast corner of West Gateway Boulevard and North Congress Avenue within the C -3 (Community Commercial) zoning district. Motion Commissioner Merker moved to approve the Conditional Use and Major Site Plan Modification. Commissioner McCray seconded the motion. Vice Mayor Casello had viewed the site and questioned how the dogs in the dog run area would be protected. A representative of the applicant advised the outdoor run 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL would have a white, six -foot high fence. There would be a curb that would protect the fencing. Vice Mayor Casello wanted assurance the dog waste would be kept in sealed tight containers and taken off site. The representative agreed. Vote The motion passed unanimously. MARCH 17, 2015 B. Approve Master Plan Modification request to Boynton Village & Town Center to amend the previous approvals for the vacant tracts within Boynton Village & Town Center from 646 condominiums, 34 townhomes, 348 apartments and 80 single - family homes, to 643 condominiums, 350 apartments and 115 single - family homes, located at the northeast corner of Congress Avenue and Old Boynton Road. Applicant: Michael Covelli, Covelli Design Associates, Inc. Attorney Cherof inquired if the applicant would agree to combine Items B and C. Mayor Taylor confirmed neither the Commission nor the applicant had any objection. C. Approve Major Site Plan Modification / Conditional Use request to construct 643 condominiums, 350 apartments, 115 single - family homes and related site improvements on the remaining vacant tracts within Boynton Village (Cortina, WR -1 and WR -2), located on the east and west sides of Renaissance Commons Boulevard, between Old Boynton Road and the C -16 Boynton Canal, zoned (SMU) Suburban Mixed Use. Applicant: Michael Covelli, Covelli Design Associates, Inc. Attorney Cherof administered an oath to all those intending to testify. Mike Covelli, Project Planner, explained this is the fourth time the Master Plan had been modified. Mr. Covelli located the site as the undeveloped portion of Boynton Village. The overall plan includes the commercial area in the front. The new plan gives diversity to the units rather than all townhomes. There will be a single - family homes parcel, a park that interacts with the lake, townhomes, apartments and condominiums. There will be two six -story buildings and some four -story buildings with apartments and elevators. There are towers on the buildings that require the conditional use. The average height of the buildings would be around 65 feet. The parking garages are wrapped with the residential units around the outside. A road would be built out to Congress Avenue that would be significant access to take the traffic off of Renaissance Commons Boulevard. There is a green belt along the canal that would run all the way around the project with internal links to the park so there is connectivity throughout the entire project. The buildings along the canal were moved further back and layers of landscaping added from the green belt to the buildings for a total of 280 feet. The 350 apartment units are 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 four -story buildings with elevators which opens the market to all age groups. The access would be gated with an emergency access connecting the single family and multi - family parcels. The greenway runs around the property and connections come to the lake to utilize the park. There will be an extensive recreation center with a large pool, deck area, tot lot and many amenities. Each building will have 14 garages including the surface parking. The apartment buildings will be screened and pushed back 330 feet from the canal. The single - family homes will be a gated community with a recreation facility and large green belt along Renaissance Commons Boulevard and connectivity to the park. The homes will be two stories with two -car garages with the garage doors pulled back and porches pulled out. There will be a 50 -foot road right -of -way to create a true streetscape with real trees along the street. Another lake would be created to allow more homes to face a lake. For the most part, there will be single - family homes across from the single - family homes across the canal. There is a three -acre park with the greenway connection and a passive area that extends the green space. There will be a small parking lot beside the park for the dog park. It will be a fenced area with small dog space and large dog space including a double gated entryway. There will be watering stations along with waste facilities. The park will have gates for maintenance. It is a great amenity to the project. Vice Mayor Casello inquired if there would be any shade trees. Mr. Covelli responded along the perimeter there will be shade trees with some hedge materials to avoid interaction between big and small dogs. The developer will build the park, but it will be part of the City parks. Vice Mayor Casello thanked the developer for a great project and thanked the Planning and Development Board and City staff for all the work over the years. There had been concerns expressed over the traffic added to Congress Avenue. Mr. Covelli noted the City had done extensive studies of the overall area and traffic impact. There will be two roads going from the project directly to Congress Avenue to distribute traffic off of Renaissance Commons Boulevard. An escrow account had been established with the monies to pay for a light at the intersection of Velaire Road and Renaissance Commons Boulevard. The intersection would have to meet the warrants. Mayor Taylor explained a certain level of traffic has to exist to qualify for installation of a traffic light. Commissioner Fitzpatrick recalled when the property changed from farm land to higher density and the City got nothing for it except five acres for a park. He was not sure how staff allowed five acres to go to three acres. He asked if the greenway path around the development was open to the public along the canal and Mr. Covelli advised it was open. The one end is full of Sabal palms and other native shrubs and plantings and Mr. Covelli indicated they would be relocated in the greenway. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion MARCH 17, 2015 Vice Mayor Casello moved to approve the Master Plan Modification. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to approve the Major Site Plan Modification /Conditional Use request. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Mr. CoveIli remarked it was a pleasure working with staff. It was anticipated earth work would begin by the end of the year. It would probably be a three to five -year build out with good diversity in unit type. The single - family homes should be in high demand. D. PROPOSED ORDINANCE NO. 14 -031 - SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right - of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC Mayor Taylor pointed out there were four Ordinances on one project. Attorney Cherof advised the first two were legislative in nature with Items F and G being quasi - judicial. There was no objection to consolidate the matters for hearing with individual motions for each request. Attorney Cherof administered an oath to all those intending to testify. He noted all previous documents and remarks were made part of the record. Proposed Ordinances Nos. 14 -031, 14 -032, 14 -033 and 14 -034 were read by title only, on second reading. It was noted Ordinances 14 -033 and 14 -034 were amended on first reading as reflected in the Ordinances on second reading. E. PROPOSED ORDINANCE NO. 14 -032 - SECOND READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. F. PROPOSED ORDINANCE NO. 14 -033 - SECOND READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. G. PROPOSED ORDINANCE NO. 14 -034 - SECOND READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. Vice Mayor Casello wanted to know about how the construction equipment would access the property once construction started and there is concern where the sales office might be located. It would be preferable if the sales office was away from Lakeside Gardens. Ms. Glas had heard the comments and it would be addressed by not using access from Dimick Road and using US 1. Mayor Taylor inquired if Ms. Glas agreed with all the conditions of approval and she indicated they had been reviewed including changes from the last meeting. Mayor Taylor opened the issues for Public Hearing. Nicole Beuhler, 2623 Lake Drive North, expressed her concerns relating to the setback. She had researched the definition of a setback and contended the required setback would be a minimum of 25 feet and for every foot over 30 feet it should be an additional one -foot setback. She had received information from Henry Iler and submitted his opinions. Mr. Beuhler asked that the setbacks be revisited or compatibility with a better transition be reconsidered. The existing property does have a fence that shows where the setback should be from the right -of -way. Mayor Taylor advised staff had addressed the setback issue and discussed the flexibility of the City to make the recommendations. Attorney Cherof advised the expert's letter would be made part of the record and accepted at face value since the expert was not present. John Trach, 2623 Lake Drive North, advanced there was no ill -will toward anyone and he appreciated everyone's efforts. Mr. Rumpf had looked at the setbacks within the boundary-to- boundary distance covered for the additional setback over the 25 feet. The roadway is 40 -foot wide. He disputed where the property line was to commence the calculation of the setback. The footnote indicates if the screening achieves compatibility, 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 the City may be flexible for some relief. Mr. Trach felt strongly the first 25 feet should be reduced to 18 feet. Jason Evans, Counsel for Lakeside Gardens, spoke about the objections to the project by the residents. They included the deficits in the application, reversal of the February 3 vote and overall fairness of the project. He claimed a criteria had to be examined and reviewed for rezoning. Data analysis is required. An expert for the residents concluded that property values would be affected. The criteria to be met cannot be to the detriment of the neighboring properties. The application, without any data or analysis, indicates property values would not be affected. The application is deficient. There was no traffic study as required and safety would be an issue. The application was denied at Planning and Zoning twice and then once by the Commission. Other issues with the site plan were insufficient parking, health and safety issues, setbacks, green space, parking enforcement that has been modified materially without returning back to the beginning of the process. Mr. Evans also raised the issue with Ballard having contracts with the City and being retained by the applicant for some portion of their application. It gives the applicant access to relationships or inside knowledge. The residents are paying money to a firm that is now being used against them with this project. Mr. Evans argued there had been no resolution on parking enforcement and the issue of approval of high density in a hurricane evacuation zone. According to Mr. Evans this was the wrong project for Boynton Beach, the process had not been followed and the Commission should control the issue. He asked the matter be postponed until better information can be disseminated. The signage for the commercial property to the south that may be blocked by the entrance to Casa Del Mar should be reviewed. Mayor Taylor responded the issues had been outlined previously and were mostly based on opinions. The Ballard partner was immediately removed from the project and had no influence on the Commission. As for the real estate values, Mayor Taylor opined the home values would improve. Vice Mayor Casello asked if the neighborhood had considered filing a lawsuit against the City and Mr. Evans could not respond. Commissioner Fitzpatrick understood there would be no frontage on Dimick Road with the project facing inward and asked if it would change setbacks. Mike Rumpf, Planning and Zoning Director, remarked the project was first reviewed with frontage on Dimick Road. The setback should be sensitive to the setback with the lower density residential area. It really does not matter. The intent is to review a border -to- border perimeter 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 property setback situation. Staff considered the existence of Dimick Road, an additional 40 feet of separation and wanted the project to appear to have frontage on Dimick. Commissioner Fitzpatrick questioned if Dimick Road was widened to 50 feet, it would be from the center line of the road and five feet would be lost of the front lawns of the current homeowners. Mr. Rumpf agreed that would be typical. Staff has done the analysis and review of the City of Boynton Beach Code and the Land Development Regulations and rezoning application. Taken into account were land use patterns along the waterfront and the purpose of the special high density land use classification. All waterfront properties were reviewed and many had very similar circumstances. This project is better enhanced with landscaping. Land values before and after new projects were reviewed too. Commissioner Fitzpatrick pointed out the same questions have been asked and answered over the past 10 years. The developers have been working with staff and have an expectation of reliability and predictability. Based on past practice, their proposal compares to projects over the last 10 years. He supported the project because the developer comes in good faith based on other developments. A pattern has been set. Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -031. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner McCray dissenting). Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -032. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner McCray dissenting). Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -033. Vice Mayor Casello seconded the motion. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner McCray dissenting). Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -034. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner McCray dissenting). H. PROPOSED ORDINANCE NO. 15 -011 - FIRST READING - PUBLIC HEARING - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10 -Year Water Supply Facilities Work Plan and to policies in the Potable Water, Sanitary-Sewer and Solid Waste sub - elements. Attorney Cherof read Proposed Ordinance No. 15 -011 by title only, on first reading. Motion Commissioner Merker moved to approve Ordinance No. 15 -011. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R15 -030 - Approve the following: 1) Authorize the Community Redevelopment Agency to issue its Tax Increment Revenue Bonds, Series 2015 in a principal amount not to exceed $5,005,000 in order to refinance its Tax Increment Revenue Bonds, Series 2005B; 2) Authorize the City to guaranty the repayment of the bonds when they become due; 3) Authorize the City Manager to execute the Guaranty Agreement 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner Merker moved to approve Resolution R15 -030. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In- Patient) to allow medical uses that provide 24 -hour services or treatment. (TABLED TO 3/17/15) Motion Commissioner McCray moved to remove Items 13.A and B from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 15 -002 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15 -002. Commissioner Fitzpatrick seconded the motion. Mayor Taylor was in favor of limiting the use to C -3 zoning. It has been approved by the Planning & Development Board. Staff now recommends C -2 and C -3 too. Vice Mayor Casello was in favor of C -3 and C -2. He was not in favor of the change, but he understood why it was being done. In his experience, Commissioner Fitzpatrick surmised these would all be quiet places. He did not see a problem and noted it was not a sober home. It was highly regulated with 24 -hour supervision. It is another storefront. 27 MARCH 17, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 28 MARCH 17, 2015 Vice Mayor Casello asked why they were all along main roads and why could they not be situated in the CRA district. Mr. Rumpf first explained the regulations do not include in- patient medical care uses except near a hospital and limited to the PUD or PU zoning district. It does consider the impact on lower density areas and the redevelopment area. Compliance with federal laws, ADA and FHA, is an objective. Hospitals have been removed and the PUD zoning district would remain intact. The 100 -foot separation attached to the conditional use requirement was removed and now attached to the 50 -foot setback if not achieved. A waiver provision for the site and operational requirements were added. There is a variation in uses and the provisions may not be necessary. Even though a consolidated plan is being revised, there are some Code provisions that require amendments at this time. The recommendation is to allow them outside the extended core area of the CRA. The objectives are met and there are 30 different parcels or areas that would be eligible for the proposed uses. Five are between one and twelve acres in size. Those parcels are west, along arterial roadways. These would be larger separation regulations. There are 20 parcels or areas in the east and three that are vacant and range between .8 and 1.3 acres. All the properties east are smaller and that is why the west and larger parcels are encouraged. Portions of the CRA are eligible. There would be a case -by -case review of those not meeting the minimum setback standards. It reserves the CRA planning areas which are envisioned for commercial concentrations, slow traffic and pedestrian emphasis. This use would not be a contributing use to a redevelopment area. The fact these facilities operate around the clock, needs different regulations than outpatient medical uses such as a doctor or a dentist office. Many of those offices are located in C -1 zoning districts which are in close proximity to residential or low density areas. The proposed change would avoid the approval process not required of other uses. The individual use characteristic would have to be considered. It would avoid segregating or institutionalizing the uses. In the CRA area the uses in the corridor should engage and contribute to the corridor for shoppers and motorists. If there is a gap or institutional or medical use, it does not have to interact, but it changes the pattern of motorist behavior as well as shoppers. Land use patterns should promote compatibility and harmonious land use relationships. Mayor Taylor opened the issue for public comment. Mark Karageorge, 240A Main Boulevard, agreed the change needs to be in C -3 only, based on the Business Development Board who also feels this should be C -3 only. Staff's original proposal was for the C -3 zoning only, but was changed at the Planning and Development Board level. There was a potential for adverse effect with including MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 C -2 and C -1 and the neighboring communities. He urged the Commission to amend the change to C -3 only. The goal is to bring business into the City and there are medical uses throughout the City. The limited use would serve the citizens in a very positive way. Michael Weiner, representing CMG Holdings, 44 East Boynton Beach Boulevard and 450 Boynton Beach Boulevard indicated his client would like C -2 zoning to allow the various uses. It is not just detox. It would include birthing, food disorders, urgent care. His client had plans to build on his property that would be medical oriented with other things. The additional uses are needed to attract additional renters. As a result of the changes it would appear all of Boynton Beach Boulevard from 1 -95 east would be excluded. He wanted to make sure a conditional or permitted use would not exclude all of Boynton Beach Boulevard. Mr. Weiner pointed out nothing had occurred along Boynton Beach Boulevard west of Seacrest for almost 20 years and very unlikely in the future. Vice Mayor Casello noted there was a veterinarian facility that is under construction. Commissioner Fitzpatrick asked what commercial districts include doctor offices. Mr. Rumpf replied C -1, C -2, C -3 and C -4 and PCD. He questioned if the area around Bethesda Hospital would be included as written. Mr. Rumpf replied only if the uses were incorporated into the PUD as adjunct to a hospital service. The regulations would not apply since Seacrest is not an arterial roadway, rather a collector roadway. Mayor Taylor commented the City of Boynton Beach was on the leading edge of these types of facilities and going further into other areas would make the City a magnet for these type of operations. He would only support the change if it was limited to C -3. Commissioner Merker stressed it was multi -use medically; therefore, if it was a medical building, the purpose remains to help people and not a sober home. It is appropriate and would serve the community well. Motion Commissioner Merker moved to approve Ordinance No. 15 -002 as presented. Commissioner McCray seconded the motion. Commissioner Fitzpatrick clarified these would be along Boynton Beach Boulevard, maybe Gateway, Federal Highway, Woolbright and Congress Avenue. Staff had recommended the change based on logic of zoning. The proposed areas would be least likely to impact adjacent residential properties. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote MARCH 17, 2015 City Clerk Prainito called the roll. The vote was 3 -2 (Mayor Taylor and Vice Mayor Casello dissenting) B. PROPOSED ORDINANCE NO. 15 -003 - SECOND READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II; Chapter 3, Article V; Table 2 -1 Applications by City Departments; and Table 3 -28 Use Matrix (TABLED TO 3/17/15) Attorney Cherof read Proposed Ordinance No. 15 -003 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15 -003. Vice Mayor Casello seconded the motion. Commissioner Merker felt mobile vending machines would downgrade the City. He understood their purpose at events, but not located on private property. It would hurt other area businesses. Commissioner McCray indicated he works in Broward County that has mobile vendors all over and it does not bring down the City. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). C. PROPOSED ORDINANCE NO. 15 -009 - SECOND READING - Approve amendments to Part II, Chapter 2, Article XII, Section 2- 136(b) of the Code of Ordinances entitled "Establishment of Public Art Fee" to include an additional exemption for normal routine maintenance items. Attorney Cherof read Proposed Ordinance No. 15 -009 by title only, on second reading. Motion Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello seconded the motion. Vote 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 15 -010 - SECOND READING - Approve Amendment to the Boynton Beach Code of Ordinances deleting Chapter 2, Article XVIII abolishing the Financial Advisory Committee. Attorney Cherof read Proposed Ordinance No. 15 -010 by title only, on second reading. Motion Vice Mayor Casello moved to approve Ordinance 15 -010. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 15 -012 - FIRST READING - Approve the historic designation application for the Barton Memorial Park Cemetery located at 561 NW 12th Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 15 -012 by title only, on first reading. Motion MARCH 17, 2015 Commissioner McCray moved to approve Ordinance 15 -012. Vice Mayor Casello seconded the motion. Commissioner McCray was glad for the designation since he has relatives in Barton Cemetery. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Appoint members of the City Commission to serve on the Palm Beach County League of Cities, Metropolitan Planning Organization (MPO), Coalition of Boynton West Residents Association (COBWRA) and the Countywide Intergovernmental Coordination Program - April 7, 2015 15. ADJOURNMENT 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:23 p.m. ATTEST: et M. Prainito, MMC ity Clerk Zt ith A. Pyle, CMC eputy City Clerk CITY OF BOYNT• ► :EACH yor sello, Vice Mayor 32 MARCH 17, 2015 Michael M. Fitzpatrick, Commissioner TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: 7. Other DEVELOPM NT ORDER OF THE CITY COMMIS AN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MSPM 15 -004 /C APPLICANT'S AGENT: Michael Covelli, Covelli Design Associates, Inc. AGENT'S ADDRESS: 2295 NW Corporate Blvd., Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 17, 2015 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. Major site plan modification /conditional use approval to construct 643 condominiums, 350 apartments and 115 single - family homes on the remaining vacant tracts within Boynton Village & Town Center (Cortina, WR -1 and WR -2), and related site improvements. Boynton Village & Town Center — SMU Parcels 1, 2 and 3, the vacant tracts located along Renaissance Commons Boulevard, between Old Boynton Road and the C -16 Boynton Canal. 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 4HAS 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 Applicapts application for relief is hereby / 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. DATED: — a 3 - City Clerk S: \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plans \MSPM 15 -004 COUS 15- 002 \DO. 4 Development P& Z Building Engineering Occ. License Deputy City Clerk DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please provide a narrative and detail on plans how bulk trash removal will be handled for the Condominium and Apartment complex. X 2. Please provide fire lanes in accordance with the 2010 LDR, Chapter 4, Article VI, Section 3.G. X 3. Fire hydrant spacing and location shall be as determined by the Fire Department. Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant per the 2010 LDR, Chapter 4, Article VIII, Section 3.B.2.d. Please show this requirement is being met. X 4. At time of permit submittal, the Landscape Architect shall indicate where on the site the 48 existing Cypress trees # 51068 - #51116 will be relocated to as part of the tree management plan. X 5. At time of permit submittal, the Landscape Architect shall indicate the height and caliper of the 3 listed tree species on the Littoral Planting Plan. X 6. At time of permit submittal, please indicate water drinking areas for the dogs in each of the large and small dog areas. This should be either a concrete or paver area with drain or drainage for the water. X 7. At time of permit submittal, please indicate the waste receptacles and doggie bag stations within each the large and small dog parks. X 8. At time of permit submittal, please provide an irrigation plan. Irrigation Plan must follow the Florida Friendly - Waterwise principles using water saving components and depict turf and landscape components on different zones and time duration. Also, trees should have separate irrigation bubblers to provide water directly to the root ball. X FIRE Comments: 9. All Life Safety Systems, access issues and other Fire /Rescue concerns will be addressed during the permit review process. X EXHIBIT D Conditions of Approval Project Name: Cortina at Boynton Village File number: MSPM 15 -004 / COUS 15 -002 Reference: 3rd review plans identified as a Malor Site Plan Modification / Conditional Use with a February 10, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT POLICE Comments: 10. Prior to issuance of the building permit, the applicant shall prepare a construction site security and management plan for approval by the City's Police Department CPTED Official. X BUILDING DIVISION Comments: None, all previous comments addressed. PARKS AND RECREATION Comments: 11. At time of permit submittal, the applicant shall provide a copy of fully executed park land swap agreement documents. X PLANNING AND ZONING Comments: 12. 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 City Clerk. X 13. At time of permit submittal, please provide a copy of Palm Beach County School District concurrency approval letter. X 14. At time of permit submittal, please provide detail of the proposed removable bollards. Because of their high profile location, they should be decorative in nature. X 15. Please provide an additional marked crosswalk (stamped concrete and signs) on Renaissance Commons Boulevard between the existing retail portion of the site and the proposed single - family residential development, like depicted at other key locations on Renaissance Commons Boulevard. X 16. At time of permit submittal, please provide interior elevations of the Apartment buildings breezeways that create slight offsets to eliminate the tunnel effect. X 17. Please provide some mid -level accent plants along the west side of the pool cabana in the single - family development. X Cortina at Boynton Village (MSPM 15- 004 /COUS 15 -002) Conditions of Approval DEPARTMENTS INCLUDE REJECT 18. At time of permit submittal, please revise the "Right" elevation of all three (3) single-family models to provide a greater degree of architectural ernbellishment, in order to eliminate large areas of blank wall. X 19. Please note that approval of these Major Site Plan Modification and Conditional Use applications is subject to approval of the companion application for Master Plan Modification. X 20. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A Comments: None cry COMMIssiON CONDITIONS Comments: To be determined. L ?'1 a , Cortina at Boynton Village (MSPM 15- 004 /COUS 15 -002) Conditions of Approval Page 3 of 3 S: \Planning \SHARED \W P \PROJECTS \Boynton Village & Town Center \Master Plan \MSPM 15 -004 COUS 15- 002 \COA after P &D.doc otoos vtut.A.Ge Coo 062.525 250 375 500e wage IWO empeg O€€00. lets .w °Li'WM/ MEI 3.03 6010C1100 MN soy spuel • Buluueld uMf1 'OUP se3eiooss u6ise 1118AO aZe uO7uAO eUgJO3 ueld ei!S Congress Ave N . v & L 9 II S to b Z l suolaNe6 mope deospuei • 6wuueld uegin Zcez„ • out saM!OOSS Poa' .E0-016-. u6lse LEVCC ePVOId NoleU eOOe lZ Cyr�6'PNe alelaLOo MN 66ZZ !II0A0Q a8e�pq uoluAoB eUIp03 ueld OPPS •ua —d LIS am p° deospue7 • 6utuueid uegan L 2.07.092 01 .out Selei3OSS oeCom6 U61S8 IEYfC eP1+.1J uo euoa . eyns VNa MN S6ZZ o A 3 11. V d ' v I II HI; i l 2 � I goy eoa mws W 0 I y ur Boa e6.ei 0 o � M Ue!d a1!S a8eplp uo3UAo0 le eUgJO3 I til J 1 0 0_ i Y U 1 a < 1 (d y m 1 1 J . 1 D N v>r a a\a � ' E LI" - ��L--.4,.i.,,,,,) • y / \1 f oz; eiru3e deospuei . 6uluueld uegj L '3UI seJelOOSS u6ise MEMO OEED-Ol6LOS IEVEE •Wgi'OO99 ‘ elz OM'S 'P119 aWJOWnO MN SI= .0g1!A uoluAOe 1 eWp03 Ueld ails IeueO q9 OOMI J oP ese1 Qeles 6ulyled Ino-,oeq s Z Ilelep e9S 1FM UIS Pd - — JLo /ese) IueuldoteAAO 6ul1slx3 Alejes Cupped lno NOeq.9 m a rc E SHEET INDEX COVER SHEET & PLANT LIST LANDSCAPE PLANS PLANTING DETAILS PLANTING SPECIFICATIONS LANDSCAPE DATA TABULAR TOTAL NEES TOP, SHRUBS LANDSCAPE NOTES L.. BOYNTON VILLAGE and TOWN CENTER Perimeter Greenways Landscape Plans DEVELOPMENT TEAM LP-1 1P-2 0 LP-4 LP-5 0 LP-6 LP-7 PLANT LIST 0 0 NaLaaPPI. naLLSL P4MS 0 SOO Mos SS cara ply LP IC ta la tillIPPOPIL PPP. pat:PP...PP. No Po PROuLail TOLLPANT OPLunial TOLLUnall taPOPOPI ILLP-PAPT 1•T" "'"—"" — • °"" "`"'"'"'"'" ``-'" "-- "' """ • PTit::=1=1 a re F 10, Va 513 PlaM La nd..p. 6,11fM right Wre,16 1 IN te.. I nat 11,3e MS LOCATION MAP SHEET KEY MAP GREENWAYS WR-1 PARCEL (M4-Rise) SUS 4 WR-2 PARCEL (Multi-Farmly Apia ) SMU 3 z 0 5 0 PARK LAKE PARCEL CORTINA PARCEL (Single Family) SMU 1 & SMU2 LP-2 STREETSCAPE & MEDIANS GREENWAYS LP-4 STUDIOS 1146.11.1an00p•E.o. Landscapo 4.444.• Commuelcatbn Graph. 1. 0 0 () 0 LP-3 THIS • c 0 , SET o ti ; If; LO O. 01 0 • 0 NORTH 114•4444 0.1.4 LP-1 of 7 111. .411!,■IM, A■ I C .11•Ae.--■ — %.• - -`1 P9." _ pr.1110/1111111111•1111111_1111111111111iiimus ,11=1"." - SEM 1 t, MIME ien 711P-. ‘rt: 1=122:63-2ile. 1114,g. swig 371.-:"■4-inirillijArallejnaraliWii-Eill -11E11 Ei 1=04111 deri 11 11...0.1 SHEET KEY attengravintrommavagetwroitiams mammari .,...,....._....— A • N • Is IMIIIIIIIIIIIIM 11-11-11-11-M , Ai MI_ Po —.111.0:"LiaSII =-1-6",.."-IlitiVill; it 1 ril u m I I , .1 len Boynton Canal TCH LINE PLANT LEGEND GREENWAYS LP-2 LP-3 THIS SET TREETSC PE 8 MEDIANS GREENS.. LP-4 SHFFT LP-2 0 0 0 OSSOCAISIS SYNoBS 0 SOO CCM CS SS SEU OTY IS 21 OTT IBS OSY IC ISOSOMIC/uPOAOSE.0 HAMS S.S.SCALIS.IbicOmryorysss. STUDIOS Orem Moving • Oagn Mee.. CommuNcallen Graph. s.stress stsrisbn Mos LP-2 of 7 SHEET KEY CH LINE TREETSC PE MEDIANS °RUNWAYS LP-2 • -- LP-3 THIS SET „ LP-4 1:=Sal Of 7 NORTH l LP-3 PLANT LEGEND §FIEET LP-4 0 0 0 14....n1. TREES P4MS 0 PUOCM.S.4U1IS CS C.! SOL 13 It BOINOC.WAIE•COMMOM NO. MAIM DROUGHT 101.E.Sif 01..041701.EPAMI LIROLGAT 1,1k.111 LP-2 LP-3 THIS SET STREETSC PE B. MEDIANS • • • ::: • • • ki STUDIOS Urban INenning &ORR* Landscape ArchNTaute Cornmunicat. NINON, REENWAVS VLP-4 NORTH RTHNNt DT. LP-4 of 7 1 1 Ps co mm c` n� 1 D N p� ti N D m m m dZ ii A 063 >S 9 T m m T y 2 9 n N r o 2 • r N y 4. ti ti * Boynton Village and Town Center ¢ iil l WR1 a.k.a. Parcel SMU 4 (Mid -Rise) 1 Boynton Beach, Florida iUUii(i Cover Sheet & Plant List 1 111 ; 1 .... O 03 k0 z 0 < o. m D 0 o cnrn Z C Z - CJ 4t• v • n • o0 • Z O 3 o —• rn z 3m iaR TRI 699 S.F 11 IREMIEEMENT I REQUIRED 1 n ate !PROVIDED 1 1 Ps co mm c` n� 1 D N p� ti N D m m m dZ ii A 063 >S 9 T m m T y 2 9 n N r o 2 • r N y 4. ti ti * Boynton Village and Town Center ¢ iil l WR1 a.k.a. Parcel SMU 4 (Mid -Rise) 1 Boynton Beach, Florida iUUii(i Cover Sheet & Plant List 1 111 ; 1 .... O 03 k0 z 0 < o. m D 0 o cnrn Z C Z - CJ 4t• v • n • o0 • Z O 3 o —• rn z 3m I CODE TREES C9 i; i._.__ E a < s E m "4 >< Z ., e w V i R ryu' Rondo RO.01 PJn RaMOparm. oNsona I Maaaa PMm Pty osgnns aams / Triple Oa* Pe. Pbm■ Ba,1110,144-J r Dom Peen • Maass marts ITrpn CMmmus Peen I EORa4.1.r moped 'A..Tra Fan l Gar, rpNp. l um Oak I.0w1,ppakem /Jpwr Pma BOTANICAL WE COMMON NAME Cora aab.bn / Orap Dow TS. d d y d g d d d d d Vos d € d d f d d d 1 1.11VE OROUGFIT TOLERANT Vas Very Nodorate W IVay l � ! UI ! 0 4 t p !! E Y 0 1 ii 0 G 1 1 lii; 9 g c a l:!e 1 1 1 # }(FE t1,:!' Y Sp 3 � i e Y Z G ii 1 Y h i 1 1 tt i F Y g i ; � i i 40 35-10 OA HI_ 18 FJ Mna, FM Sorer Truce H.M. s4MTVM, No. No Soma Tva Op6M Trace,PJ 1rredTOA Tr. Tu. FJNe.6No I I NSW v O Mt � True Down* CM R81 N6 Tn. Tn.. RA Mead No Mh 12 N6 z 6• SM Min 8 Col NI Canopy I M'n t2 NL+e Syr LW.ICpFJCaopy ze S5.Mn.f Ul Sep}SVap2 TN. RA as Even Canopy No LO Cro. 1018Sp.M410 Total CtMSims. I ..y 1� e 6 Sm Mn a Col 6`p. 46.BM R:C.1P, 1 1 Ps co mm c` n� 1 D N p� ti N D m m m dZ ii A 063 >S 9 T m m T y 2 9 n N r o 2 • r N y 4. ti ti * Boynton Village and Town Center ¢ iil l WR1 a.k.a. Parcel SMU 4 (Mid -Rise) 1 Boynton Beach, Florida iUUii(i Cover Sheet & Plant List 1 111 ; 1 .... O 03 k0 z 0 < o. m D 0 o cnrn Z C Z - CJ 4t• v • n • o0 • Z O 3 o —• rn z 3m -11111 1 1 5 1 1 1 a 1 9 � � 1 Boynton Village and Town Center MN 41 WR1 a.k.a. Parcel SMU 4 (Mid-Rise) itAi Boynton Beach, Florida Landscape Plan 1111;1 Center Illril(� Ise) f ilil i 7i i ith if w AM, 133HS : 1i u r * 0 000 °LANT L 8 4 i A i CF" KF 8 4 Ei K £ R II14 w Vlanc • .11e0anancled F..m.«.,.. Green ..d, W.Fes,. C.,,.....* ..,. ,.... Coca. A ti...,,..., V..... , V.,w.. V . o.... A0,14,11,1111 7,11 Chnign, PvIrn • __. ...,F.. S OTANICAL NAME / COMMON NNE Lyra 0. IBOTANICAL N,, F, CO.,.. WM No I 17 I LJ DROUGHT TOLE1.1.7 ` m 1 1 1 1 1q {�1 € € € s ( § ° I : j 4 4 Boynton Village and Town WR1 a.k.a. Parcel SMU 4 (Mid -I Landscape Plan Center Illril(� Ise) f ilil i 7i i ith if w AM, 133HS e 2 1 1 A 0 2) Boynton Village and Town Center IMP WR2 a.k.a. Parcel SMU 3 (Multi - Family) 'l $l _ lii Boynton Beach, Florida ¢ }ll; Cover Sheet & Plant List iii lit CO 0 NZ 3 0 z ■ - su ft , r- z an D • to m ` c� w � • ° • E 0 Z rn 3 z ‘i<rn `i I GNOUND COVERS ., - 0 ;" 0 0 0 - ; ; [335! G T. 3. 0 t o 2 ^ e c ;7racaMasenrosn rm. , ..nJaw. "Men Wk. 1.1 4 Mn tras., Mn.6,2. FJ, ,a• deep meat Nn non Nino Bat l„w ...Mere *one. 7_a5e ,Una. Morvala Florida PI. UFA ,r .pr. r'n< FJ,MBasas SON. Ful B. NANNereal BOT.C.AL NAME/ COLIMON NAME m.;� us Sounem Yew Flan. At Mr B000ul Dense 9ONO NA to e p r Base 1 M ma a m Nap I e O.C,FJ rN Dena• Shrub. NM. Mew Lanham vakbdie / Wax Florida Pk 351, 17 1.r 18 pr.2l ou FJ and Ow S trut, Unahaved * p3 Soi Orrrf /Owls! NJ/ Fronds n , trn0e,r pr., 15'o.c, NI and Derma Shrub. Unehearod • F � .M3311 15' 22 i i sp. N' wc, kW ran Dens NNW, UnaloNeed Ras n 3NM.IV.k ap, 1S�wf FJ rw Onw Flo. Irk 0 882 Wet Ned Ss* r MKS Plana Per Pak .M HeaWFOYpa. 9054x Cnwpm rSMUS asrvev War Been Waoa Petra Oro. Demo Soma N Codueurn rrw3 311 lPP Peke Nk 24 FJ and Dame S INN ru. la CMosoOMIwmv Neer ,2 INCOnl*n Dense NNW NM to B. F M.*awM rn mv*o.* Verna. SINS Gin, N Sp N'0 C ,FJ.0 Nome Serua Poll to Boo AlMomde or* non. St Min 341,, 18111.6 *40 2 oc. FJ and Orne Rands el. F.,. No. Royal w mad. Mr 15 ON X.FJ X. No Scan. Tank BOTANICAL NAME I CCYMCN NAME FLn451. QV/ Oa / tlS FJX55e Na Sowed na. Ft4rlwgrw Magma / Maunder Pln -7,104 Sam 5 Naar rr. e,T1F* narks. PA X Ne.o Pure /M Bee a 0Lpe OA NO. Tank Clan. COI Ful Need. No Sawed Tru. Snob Tru1,FJ No Sow. TVn C Tank 5n -Tape Norkla /N. PAL Nook 18 OA NL, Trpe True. FJ Heade No Sewed Trunks 9pnwr*sn aiapn /Ns.. nee Fern PN.01.B413, 12 NL56 Spr,P Cl FJ Canopy S OTANIC., N.i COMMON HAIM Guam tit. *n 5 INC. IK. f 011 S*q5 Bap* 04Nane Oak T�1�1.855, 12 FJ Even Canopy Na Lao Cron Japan Nor. . 5151. M. IV M. aS' apr .MSaul ow.... NI c awn, CaL Per Trunk MO Mr, toral CA : LaNantraorraa Mad* Pk BIN. B N. IID -12 M 6 40 Mn P TwI C5l in N S lav Y ►inel N Ern Canopy CmoNa AvivS Bus, 2 Mt kb Sp Cl, No* Nrad3 Tvl NSF. Gimpy 1 80NOOK I COMMON MIME L No CitOUGN7 TOLERANT ry IV" L1w oNN Mader. 1 L1" 1 MJerw 1 1 Very VSy MJerMS Modorere INROIN,F17 TOLERANT VIN T Cm 1 e 2 1 1 A 0 2) Boynton Village and Town Center IMP WR2 a.k.a. Parcel SMU 3 (Multi - Family) 'l $l _ lii Boynton Beach, Florida ¢ }ll; Cover Sheet & Plant List iii lit CO 0 NZ 3 0 z ■ - su ft , r- z an D • to m ` c� w � • ° • E 0 Z rn 3 z ‘i<rn `i c'E'TT� 0101 i', Boynton Village and Town Center lil;=jli( `'i WR2 a.k.a. Parcel SMU 3 (Multi - Family) 'r Boynton B h Florida i 1Y7i�3 eac on a ,1 Landscape Plan t m 2 m Is. r N F i i 1 t g i } > f i e S ss if{ 5 4 i q s a 4 I!I l i 2 VI i Rl I?I €% €' = '! i tl 4 , e; Srf 111 ( F F i` f' F i P r FINN Boynton Village and Town Center ij q 8 It�l t } WR2 a.k.a. Parcel SMU 3 (Multi - Family) Boynton Beach, Florida III I Landscape Plan ti A r R 9 g FFN ifi d, mlp (,) y r- 5 Boynton Village and Town Center PIM Cortina Parcel (Single Family) SMU1 & SMU2 ` Boynton Beach, Florida dl i t Cover Sheet & Plant List iiiNt n O co a0 • Z su 0 Z � I r , < a) 7 r r • (12 • mo � - nD Z - o 3 • c rn z cn E rn c r 0 0 Y / `' R i V / ARFAS GOER dll ' �i. is� r_ 1110 4 oL to" lor R g§ i as 1 H ? Oak IR,* y�� rtied . y I. f 41 f f r � °ffi 111U ' i 41 x It ' Y t Sabel F * NW, 00Few BOTANICAL NAME / COMMON NAME 20 EW. 18' ORA. Rel Need, me Scarred Trunk .San,.ORMPe. Pairn Isnosna Ni. 2 OW 00002 Seigle Tn. • ; n , BOTANICAL NAME / COMMON NAPE • 1 �See* SERght TN Fur. E.en w NOB. Le20. Adam, P.. Ctfl VOA MJFnunS FJ Gmry Cora eeleeslene i Omw O.ryvr Troy klort 12 6 S... P Cal. S.. TN. Fu p M canopy Conc.,. i RR' 0.ry. SSaVV TrE, sJ Canopy BOTANICAL NAME i COMMON RASE E i i b € s` € e d € € € L iC Z �� Yeey orioucer TOLERANT va1y CNONONI TOLERANT veR Very r R 9 g FFN ifi d, mlp (,) y r- 5 Boynton Village and Town Center PIM Cortina Parcel (Single Family) SMU1 & SMU2 ` Boynton Beach, Florida dl i t Cover Sheet & Plant List iiiNt n O co a0 • Z su 0 Z � I r , < a) 7 r r • (12 • mo � - nD Z - o 3 • c rn z cn E rn c r 0 0 RENAISSANCE COMMONS BOULEVARD 6VG t .0£ Z9 0,lt .00,S itAgg 0 0 1 1 LL IM11111 IN IIIMIlli II MI AillitaliWritTiffirrialusdEMemmaWi4mmigild - 'Maliiidll - IINIZTAIIIIIMIM■1111■1.4 1 l'' 1111=11111MAIIIIIMAII MIN11011WW. 11111=111411 If WM. 1111111■All ell=111111110. IMMLNIEVRE teMlatin MINIM 1101011111i11111 ilEn•ll 11 Boynton Village and Town Center RIP Cortina Parcel (Single Family) SMU1 & SMU2 Boynton Beach, Florida IIIffl Landscape Plan IiHV 0 1 !!! ER 0 0 I w 1 0 1 r C) Z F=1111 1■1111All elMINIOMMIN LO■raMMOMlaillpi•m4=0=111M4 M.iii■IlMill 7 t lmimmrsimilmommulmmo , mirtzt Ian mom nu ,1* mil 9 1 ili lo, l ino Nlitt lo le 1111111 P ill 44 I 11 I ... • • IMINIIINIMMAII 1111111■41 . I lif) AMI 1111111011MININI • 3 FaTMIWs criiiimemorigiiillir ''' '411(416141111_qamimali■iira .- , Firs istaimmotiol vti gyms wtimini4 ers nii11111•11M' 111=INEMINI 11111111M11 - 1•1111011111111 li 1VNVO 119111Z 3.. 1st r 1 Boynton Village and Town Center Itij .1Igni Cortina Parcel (Single Family) SMU1 & SMU2 Boynton Beach, Florida dilli Landscape Plan I il ill DE 0 r't w if 1,1 —4 81 c 0 Pi .3 1 11 1: a 11 1 r 1 MP I 111 Boynton Village and Town Center i'� illl Cortina Parcel (Single Family) SMU1 & SMU2 :j $ f Boynton Beach, Florida i Landscape Plan f ?I( a t 4 a t Ff & Y R �, F ta�,Ho FlOdlam St PH** SW • ,�. .,,Ewn Con.y. Ho Law Cratch r LP-4 MOM ,COMMON WA. I 0.000010 TOLE:HAW 1' Oft01.73117 TOLERANT 1 MP I 111 Boynton Village and Town Center i'� illl Cortina Parcel (Single Family) SMU1 & SMU2 :j $ f Boynton Beach, Florida i Landscape Plan f ?I( a t i MIN HUMBER TREE SPECIES I TOTAL 9TETREES TOTAL INTERIOR TREES Bests on 220,806 S.F. I CATEGORY P I REWAEE.M SHRUB AREAS COCE ' - E) O 60 PALM TREES rn ti y ( ;� {P Boynton Village and Town Center 11 Cortina Parcel (Single Family) SMU1 & SMU2 �$� ;(; Boynton Beach, Florida Cover Sheet 8 Plant List wiz F n o w 1 0 • z • O A � z 0 CD ✓ - - - �r 3 Cn.r vi co 03 Z MINN • M O w E 0 �rn z CA —I Ern c � N r O SOO EAST. 7REE CODE SHRUB AREAS COCE ' - E) O 60 PALM TREES 00 O CS CE M C Y S 7 ,. 7 Roan 4 MquYe sod l Staaywun� m NW VOf, pwp.wd rows 036001 and Y.. 10100011.00 bt , t r o f t FF5i Y �I • r 3ff ,A !� r J!F r 1I q.,giQF T P� 1I Itsffc rF Y P f99 a , Sabalp6M. ICS2.9.PYn • R•006, humane CJ. A. 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' 9NINNY1danIo .0 1 V ,YIY, Y'�N31M �'dVW . . vara Nouuoa 9NO PINTA 0 VN11210D m bl Cortina Single Family Residence "A" 0 0 z D m y 0 m z 0 m N 0 N Cortina Single Family Residence "B" it ■ u� Mir ■� • ..:, ■ ■ NM= � — e ■ �i o / —i Cortina Single Family Residence "C" Vz --, 1 8) , •:-<-, = ilr ' _1 g ■)., . ::- a n . 111 1111•111111111111 , %.1 ,, im. 7 1111■ mol111 m n m 0 0 Z rn m N O z n m m 0 0 z 0) m N 0 m z m Cortina Single Family Residence Renderings B. Definition. See Chapter 1, Article II, Definitions. EXHIBIT C A. Applicability. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2, Article II, Section 2.C. and this section shall apply. C. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The parcel is located within the overall development. Access is achieved by way of multiple entrances. There is an entrance from Congress Avenue and from Renaissance Commons Boulevard to the central roadway that services parking. Access is also available through driving aisles within the commercial portion of the development. Parking will be within the center of the buildings with structured parking that will contain the vehicles and minimize pedestrian conflicts. Provisions have been made to accommodate pedestrians with sidewalks and marked crosswalks. 2. Off - street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The parking structures will be "wrapped" by the residential portion of the buildings so that the parking will not be visible form the surrounding area. The parking structures do not extends above the roofline of the residential buildings thereby eliminating noise, odor, and Tight spillage that would affect adjacent properties. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Trash rooms and a chute are located on each floor, the trash bins will then be wheeled out of the garage entry for pick -up by management staff. 4. Utilities, with reference to locations, availability, and compatibility; Utilities are adequate and available and will be installed in the service roadway that runs east/ west between the two proposed buildings. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; The buildings will be landscaped with a multi -level plant list which will provide tall vertical trees as well as intermediate and understory plantings that will aid in breaking up the mass of the proposed building. This multi -level theme will carried around all sides of the building. A 25' wide greenway along the north property line is adjacent to the canal. The greenway also will have multi -level plantings which will provide an additional screen along the north property line. Landscaping has also been added to the medians in the adjacent Renaissance Commons Boulevard. Q a 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Signage will be restricted to monument signs which will be in accordance with the approved sign package for the overall project. Parking is internal to the building so lighting and headlights will not be a factor. Access is available by way of an internal roadway with controlled access to traffic ways for safety. 7. Required setbacks and other open spaces; The proposed buildings are contained within the Boynton Village Master Plan that provides for adequate setbacks and open space for the overall project. 8. General compatibility with adjacent properties, and other property in the zoning district; The adjacent properties tot eh south and west are single family residential. The majority of the adjacent uses within the site are also single family which is compatible along the south and 80% +/- of the western boundary. The remaining frontage along the west and the north property line and running east to Renaissance Commons Boulevard are proposed to be 4 story buildings. The buildings have been set back from the property line and extensive landscaping will be installed between the property line and the face of the building to buffer the visual impact of the building. This frontage is also adjacent to a canal which adds to the mitigation of the visual impact by adding additional distance between the proposed buildings and the single family to the west and the multifamily to the north. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The maximum height of the building will not exceed 60 feet. Previous plans had similar buildings of equal height. The buildings are within the central portion of the project bounded by retail (one and two story buildings) and parking on two sides, Renaissance Commons Boulevard (a major roadway) on another side, and a canal to the north with 3 story buildings lining the canal. A green way is between the proposed building and the canal that will provide additional area for landscaping to minimize the visual impact across the canal. 10. Economic effects on adjacent and nearby properties, and the city as a whole; The parcel has been vacant for a number of years. The vacant parcels are residential parcels that will provide new residents to the area that will support the nearby retail/ office/ restaurant uses. Development of the residential will increase the tax base, provide recreation opportunities, and contribute to sustaining businesses in the general area. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; The proposed use will introduce a residential unit type that is different from other unit types within the development thereby expanding the diversity of unit types available to future residents. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part I1, Chapter 15, Section 15 -8; and No new activity will be introduced into the site that does not already exist as related to this section. Trash pickup will be similar to the surrounding area and parking will be internal to the building. Therefore, the proposed buildings are in compliance with this section. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: This Item is not applicable. a. Data on the sound emitting devices /equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and /or basis for determination of the acoustic level of the sound emitting devices /equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound - reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and /or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. TYPE OF RELIEF SOUGHT: DATED: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 15 -002) APPLICANT'S AGENT: Michael Covelli, Covelli Design Associates, Inc. AGENT'S ADDRESS: 2295 NW Corporate Blvd., Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 17, 2015 Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for the vacant tracts within Boynton Village & Town Center from 646 condominiums, 34 townhomes, 348 apartments and 80 single - family homes, to 643 condominiums, 350 apartments and 115 single - family homes. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road 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 Applica t ,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. Development p &Z Building Engineering Occ. License Deputy City Clerk 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 Applicapt'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 City Clerk S: \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center\Master Plans \MPMD 15- 002 \DO.doc EXHIBIT A BOYNTON VILLAGE AND TOWN CENTER (MPMD) N 062.525 250 375 500 A Feet ©999 Legend n Existing Buildings Proposed Buildings IP N N AN p N N N N Congress A e Site Location Map San 20 owat,15s Rap O. RENAISSANCE - 2 P µ21 / -- 5.20" COMMONS ❑ CONGRESS AVENUE ao NMI GRAPHIC SCALE MPMD 15-002 MP Peas. I SM U - Park Parcel T 0000 A 3. 000 Ac �d0�000000000v00 ©oOAg�g� ®� 0000000 © ©� I1M Pnese II : p� *i NU -Lake ParcalA ,�© a��� ® ©•• - �♦ ` - ! 69B1k PPP RENAISSANCE COMM Congress A e. Site Location Map DRAIN TO ~AIN. Asp. 8 0 m 3 Z O Pnaeel SMU -Parcel 8 taxed Use 1 170 Ac. Phase SMU - Parcel 1 Mixed Use 1.414 Ac 8 G E 04O Phase/ SMU - Parcel 6 Mixed Use 1 583 Ac CONGRESS AVENUE Phase l SMU - Parcel 5 Melee Use 15.423 Ac. Usable Open Space Calculations (SMU Zoning) PARCEL AREA(.) Parcel 81- Single Family Residential 20.542 Parcel a2 -MUM Family-4 Story 14.400 Parcel X3 -MW Family -6 Story 10.246 (Parcel p • Is Included N Parcel x31 Parcel a 5- Mixed U. 15.423 Parcel M 6 - Mixed U. 1.583 Parcel XT - Mixed Use 1.414 Parcel X 8 - Mined Use 1.170 Pa% Parcel(paeon used Mr Open Specs) 2.826 Lake Para. A 6 B (Green Measl 2 081 000670N VILLAGE PARCEL 1 ADJACENT iacLuoiNG GREEN A6EAAPouNGU0ES A S eI PARCEL LAKE G. AC. TOTAL Area 20,542 2081 22.632 Req..] Usable Open Space ®30 %01 Total area 6182 0624 6.188 Albw8)4 Hard... (Mak. 5056 al Open Space/ 3 081 0 312 3.393 Required 75' Wide Open Space IMF 50% of Rep Open Space) 3 081 0 312 3.393 Provided Open Space BE • ® 8.113 1 207 9.320 Provided 75' 21411.1. Open Space BOYNTON VILLAGE PARCELS 2, 33(64) eau 8 PARCELS PARCELS INCLUOING ADJACENT GREEN AREA Aa rv0 LANE A) 263(64) 56.7.68 TOTAL Area 24.783 19.59 44.373 Required Usable Open Space Ea 20 %ot Total area 4.957 3.918 8875 Provided Usage Open Space EM GIRAPIR SCALE 100 200 4 243 0 4.243 6114. 2 818 ac 8.932. MPMD 15-002 0 201 MOS I -95 NM 5 Co pre Ave Site Location Map L LI !�I 403cccc g c -g gg_ 4 011 000000Io�c �flfll c appopQU 4010010011 0r: CONGRESS AVENUE 0 100 200 400 GRAPHIC SCALE Master Site Plan Parcel Data IIA■8001111 RAH PARCEL DATA APPROVEZI 1.10 WAR. oHIL !H. eV _ 9law__rCYSMaic — _ - MPMD 15-002 cog SAY SHOPPI MSD DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. 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 City Clerk. X 2. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. X 3. Any changes to the Major Site Plan drawings as a result of staff comments shall be reflected on these pages as well. X EXHIBIT C Conditions of Approval Project Name: Boynton Village & Town Center File number: MPMD 15 -002 Reference: 3 review plans identified as a Master Plan Modification with a February 10, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. Boynton Village & Town Center (MPMD 15 -002) Conditions of Approval S: \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plan \MPMD 15- 002 \COA after P &D.doc PROJECT NAME: APPLICANT /AGENT: AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPROVALS SOUGHT: Conditional Use approval for Pet Care (Boarding and Daycare) in an existing 7,700 square foot tenant space for proposed tenant INN the Doghouse. PROPERTY LOCATION: 2202 North Congress Avenue, Shoppes of Boynton located at the northeast corner of Gateway Boulevard and North Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic nt -HAS HAS NOT 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 request is hereby , ./GRANTED subject to the conditions referenced in paragraph 3 above. 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. DEVELOPM ORDER OF THE CITY COMMIS OF THE CI OF BOYNTON BEACH, FLORID INN the Doghouse (COUS 15- 001 /MSPM 15 -003) Kerry Miller /Cathy Hosn 925 S Federal Hwy, Suite 700, Boca Raton, FL 33432 established by substantial competent evidence a basis for the approval requested. S: \Planning \SHARED \WP \PROJECTS \INN the Doghouse \Development Order.doc March 17, 2015 Development P$2 Building Engineering Occ. License Deputy City Clerk Major Site Plan Modification to convert nine (9) surplus parking spaces located in the rear of the shopping center into a screened outdoor dog run. W Gateway Blvd • 7 - 1 11 , . t • 1 ‘, Or' AIL ^ AIL - • ;Lk 1 • ONO ; 41?.. 4 """r •A, .1 • -•••••••Av's-A-127- 60 a mr.A.••• E EXHIBIT "A" - SITE LOCATION MAP 1:2,257 0 0 01 25 0025 0.05 mi 1 1 1 1 1 1 0 0.02 0 04 0.08 an n C) 0 m n D m 0 v z 0 m m c BIII I►iiiiii i 11111111( 11►i1►111111 UTfTTTTll/ 111111111 11111111111111111111 11111111111 1111111111101111 I 1111111111 x 1111111f IIIIIIIII n -TIima piI1111cc� 1111110 Umiil p mill U (Ttllllllll m lllillln 1111111111 >1111111U z 1 111111111, ., ,. 1 J111U111111111II J 1 11111111. '1111111111 1 f 1111C1 ADJACENT ZONING P U D • s I 1 cn rn m m z r D 1 � 0 0 m Z 0 m b furl 0 Miller Design Group 920 SW 18th Court Fort Lauderdale, FL 33315 PROPOSED SITE PLAN FOR: SHOPPES OF BOYNTON INN THE DOGHOUSE NEC of Congress Ave. and Gateway Blvd. 2252 N. Congress Ave. BOYNTON BEACH, FL 33426 t 0 0 c SIING COVERED VVALN ;Id EXISTING COVERED No ALI( I I C m s RETAIL BOUTIQUE SIBS SF I MN \ \ \ \ \ ADJACENT TENANT (NOT IN SCOPE) N. ARTIFICIAL TURF—, 00 ' ° 4f, 0 agj ns EHH I I iiiuig 0 1 0 Miller Design Group 920 SW 18th Court Fort Lauderdale, FL 33315 SHOPPES OF BOYNTON INN THE DOGHOUSE I NEC of Congress Ave. and Gateway Blvd. z 2252 N. Congress Ave. BOYNTON BEACH, FL 33426 PROPOSED SITE PLAN FOR: z 0 • oUloUl sIoIoAIO I• IO lo loloroIo IoIKH IKo Io Io UIo I• U I• I• IOIO Zo I o7oI 0 zoo c c c !: N c � mm m � m 0 z D Z 0 m 0 C T ARTIFICIAL TuRF—.. YEm EXISTINGCOVERED WALK EXISTINGCOVERED 88 Of NEW 8' CONCRETE C.8 •s wecnene -, r II I 4' 171 m O z Miller Design Group 920 SW 18th Court Fort Lauderdale, FL 33315 PROPOSED SITE PLAN FOR: SHOPPES N OF BOYNTON INN THE DOGHOUSE NEC of Congress Ave. and Gateway Blvd. 2252 N. Congress Ave. BOYNTON BEACH, FL 33426 Conditional Use Proposal INN the DogHouse ITDH 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; a. INN the DogHouse (ITDH) will make no changes to the Ingress and egress of the existing parking lot. The applicants use will provide customers dropping off their pets at an early morning hour and picking them up towards the end of the day, utilizing the parking spaces immediately in front of the proposed tenant bay (North side). No new traffic pattern will be created from our use. The existing pedestrian traffic flow will continue as currently exhibited. The structure will maintain existing exits on all sides of the bldg. to allow for emergency egress. The altering of the 9 existing parking spaces along the East facade to a fenced in outdoor dog run, will not affect vehicle traffic or pedestrian flow. The new 6' high fence will be provided with man doors for required egress purposes. 2. Off- street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; a. ITDH will make a minor change to 9 existing parking spaces converting them into a fenced in outdoor dog run. The fence will be 6' high solid vinyl (non vision) and impact rated. Reducing any potential noise from barking dogs, as they won't be able to see outside the dog run. No changes to the existing loading areas. ITDH is proposing to use an off -site waste removal system for all pet waste. Waste will be manually picked up and stored in an airtight odor -free storage for off -site removal. For internal clean -up, ITDH will use an organic highly safe odor removal cleaning solution designed specifically for urine and stool. See attached specs for more information. Applicant is planning a future renovation to include an alternate solution to dispose of dog stools, to consist of installing a dog waste disposal system. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; a. ITDH will make no changes to the current refuse or service area. And as stated above, any animal stools will be collected In an airtight odor free storage container, then disposed of on a weekly basis by a service. 4. Utilities, with reference to locations, availability, and compatibility; a. ITDH will make no changes to the existing utilities. The proposed fencing will not restrict access to any of the existing utility meters or apparatuses. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; a. ITDH is proposing a solid (non vision) 6' high impact rated vinyl fence, see attached specification page, along with a 3' high landscape hedge intermittently surrounding it. The hedge will consist of Red -tip Cocoplum plants to match existing areas on the property. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; a. ITDH will use approved signage allowed by the city and the LL following all guidelines given. The applicant proposes to maintain existing light fixtures Along the East facade, as installed under the previous tenant. Motion sensor activated for security reasons. 7. Required setbacks and other open spaces; a. ITDH newly proposed outdoor dog run will be 53' from the East property line and over 400' from the Northern Property Line. The proposed conversion of 9 parking spaces into an outdoor dog run will increase the open space requirements by 1,300 SF (.6% of existing open space) 8. General compatibility with adjacent properties, and other property in the zoning district; a. The proposed use will not modify any building elements, thus keeping the aesthetics of the shopping center intact and maintaining any compatibility with adjacent properties. The proposed fence for ITDH will be screened with landscape materials to match other site walls and the dumpster enclosures on the property, not creating an element that would be out of place or an eyesore. ITDH Is proposing to have partnerships with the neighboring veterinarian and will find ways to partner with the other tenants in the surrounding vicinity. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; a. ITDH proposes no changes to existing buildings. The proposed fence for ITDH will be screened with landscape materials to match other site walls and the dumpster enclosures on the property. Maintaining the harmony with adjacent properties and nearby neighborhoods. 10. Economic effects on adjacent and nearby properties, and the city as a whole; a. ITDH will have a positive economic effect on the properties and the city for many reasons. We will cater to a higher income client that will bring traffic into the center, those that may not have travelled to Boynton in the past. We also know that clients from neighboring cities will come to our business, since this will be the only Pet Daycare facility in Boynton Beach and many neighboring cities. This is a business that our clients will travel to for their needs, rather than the next neighboring business in Delray Beach or Lake Worth. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and a. Boynton Beach is a leading municipality in the acceptance of pet friendly restaurants and venues. ITDH would be the first dog daycare, boarding and grooming facility in Boynton Beach, continuing upon the success of the Dog Friendly Dining Ordinance. The proposed pet use, if contained properly as in this proposal, would be an excellent fit for a mixed use center such as this. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15 - 8. See next pages for response to above. 0 3 Chapter 3, Article IV, Section 1 A. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of City Code of Ordinances Part 11, Section 15 -8. Any use wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non - amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by a disc jockey (DJ), master of ceremonies (MC), karaoke, or the like shall be subject to the Live Entertainment Permit requirement of Part II (City Code of Ordinances), Chapter 13. Article IV, Section 13 -80. a. ITDH will have limited noise for the city. Inside the building the play areas will be soundproofed and limited noise will emit. For external noise control a 6 ft high fence without the ability for the dogs to see outside the fence, which will control noise. The dogs will be taken out In small groups which will also minimize noise. There will be no amplified noise or entertainment to disrupt the city or its residents. B. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use Is located. a. The applicant proposes no uses which will create vibrations. C. Particulate Matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights -of -way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. a. The applicant proposes no uses that will create particulate matter. D. Odor. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non - industrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. a. ITDH will use strict guidelines and policies to ensure that odor is kept to a minimum. We will use commercial grade cleaning products, as used at local veterinarians. E. Toxic Matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights -of -way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. a. The applicant will have no toxic matter waste that could impact the property, vegetation or cause harm or discomfort to persons or animals. Any shampoos, cleaning products, etc, will be disposed of properly and in accordance with regulations. F. Fire and Explosions. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights -of -way, or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provisions of City Code of Ordinances Part 11, Chapter 9. a. The applicant proposes no uses that will create or potentially create Fire or Explosions. 0 G. Heat, Humidity, and Glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. a. The applicant proposes no uses that will create any additional Heat, Humidity, or Glare to surrounding properties. In fact ITDH Is proposing an artificial turf material In place of the existing asphalt for the outdoor dog run, thus reducing any heat glare. H. Waste. 1. Liquid Waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner which is not in conformance with the provisions of City Code of Ordinances Part II Chapter 26, or any applicable federal, state, or county laws or permits. a. ITDH will dispose of liquid waste according to the standards set by the city. Outdoors we will have a subsurface soakage system with the use of our turf, designed specifically for pets. Urine washes through the system into the Drainage Blanket or the specially formulated crushed rock sub -base below. 2. Solid Waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with City Code of Ordinances Part II. Chapter 10, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights -of -way. a. Solid Waste will immediately be picked up, packaged and disposed of in an odorless container. We will use a waste removal company to pick up the solid waste and dispose of It properly and effectively. In year two, applicant will propose the installation of a septic system that will be used to clear liquid and solid waste. I. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. a. The applicant proposes no use that will create electromagnetic interference. INN The DosHouse--- Fencina- Specs: 0 Wind Certified to 130 MPH. No Brackets, no wood needed for our New York Style Privacy Fence! Our Solid privacy boasts the thickest pickets, posts and rails includes aluminum in the bottom rail for commercial strength. Our measurements are true for height and width. 72" Tall is measured from the Top of the Top rail to the bottom of the bottom rail. Our 96" Wide is measured from the center of the post to center of post. Compare the facts on our vinyl PVC fence and see the difference! All of our Heavy Duty Privacy fence is available in the following heights. 3 foot tall, 4 foot tall, 5 foot tall, 6 foot tall, 7 foot tall, 8 foot tall fence, 9 foot tall, 10 foot tall fence. ITDH Odor Control- Internally For intemal cleaning and odor control- OdorXit® Concentrate - OdorXit® Concentrate is a clear, naturally scented (not perfumed) liquid that neutralizes the source of organic odors where they are found. It is made of safe and effective organic water soluble plant salts and essential oils (not VOC's). OdorXit® Concentrate contains no genetically modified bacteria, enzymes, volatile solvents or scent masking chemicals. Simple to use and highly effective for all clothing, bedding, furniture and hard floor applications in homes, boats, RV's, kennels, catteries, rest rooms and many other areas where odors exist. OdorXit® Concentrate neutralizes the source of organic odor producing materials. . OdorXit® Concentrate can be safely sprayed onto any water tolerant, color fast fabric, carpet, concrete, coolers, dirt, drywall, fumiture, leather, plaster, plastic, refrigerators, skin and wood. OdorXit's natural scent is short lived and can be easily neutralized after use. OdorXit® Concentrate is safe to use around all pets and children. INTDH Odor Control and Waste Removal Internal and external- Inn The DogHouse will use a pet removal service 4 -5 times a week to remove and dispose of our animal waste. We will manually pick up all waste and store in an airtight odor reducing container until pick up. Phase two will consist of installing a dog waste disposal system. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Engineering has attached a marked up detail of as -built utility boxes with underground sewer which may conflict with the proposed dog run. Prior to permitting, the applicant will be required to address any issues with Engineering. X FIRE Comments: No review required until permitting. POLICE Comments: No review required. BUILDING DIVISION Comments: No review required until permitting. RECREATION & PARKS Comments: No review required. PLANNING & ZONING Comments: 2. At time of permitting the fence for the dog run, revise plans to indicate an alternate colorful shrub (such as red croton) at the north and south ends of the dog run to match existing landscaping. Note on plans that the continuous cocoplum hedge on the east side of the dog run will be maintained at a minimum of 3 feet in height at maturity. X COMMUNITY REDEVELOPMENT AGENCY Comments: No review required. EXHIBIT "D" — CONDITIONS OF APPRO AL Project Name: INN the DogHouse File number: COUS 15 -001 / MSPM 15 -003 Reference: 2nd review plans identified as a Conditional Use /Major Site Plan Modification with a January 20, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. nent v INN the DogHouse COUS 15- 001 /MSPM 15 -003 Conditions of Approval Page 2 of 2 S: \Planning \SHARED \WP \PROJECTS \INN the DogHouse \COUS 15- 001 \MSPM 15- 003 \Conditions of Approval.doc w u_ 0 z 0 0 w —J z w I ra ‘:.\‘ 11 STOMA 1"14,7fIt 1411ZA/ ill 1111 1 1 111 L I 1 I I I 1 1 111 •••••••■••.....) ■101/eMOINNY. OINA3111013 musyno L11 Oz X 0 Z < ° CL X >- 11.1 DEVELOPMEC ORDER OF THE CITY COMMISC1N OF THE CITY OF BOYNTON BEACH, FLORID PROJECT NAME: Abandonment of a portion of North Lake Drive (ABAN 14 -001) APPLICANT'S AGENT: Dodi Buckmaster Glas, Gentile Glas Halloway O'Mahoney & Associates, Inc. AGENT'S ADDRESS: 1907 Commerce Lane Suite 101, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2014 & December 2, 2015 Development P &Z Building Engineering Occ. License Deputy City Clerk TYPE OF RELIEF SOUGHT: Abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). LOCATION OF PROPERTY: East of Federal Highway, intersecting to Dimick Road DRAWING(S): SEE EXHIBIT "A" 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: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval 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: S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014\ABAN 14- 001 \DO 14- 001.doc c.) a Exhibit 'A' Location Map: Portion of Lake Drive I' 1 SITE BUILDING CALCS. BUILDING FIBGKT IS MEASURED FROM FINISH FLOOR TO MEAN NOW OF ROOF i i —5E.555 .E .5 g.7,:zE‘avg 4 4 Zimmiggigi Lg Lg !ilia W iii ,' -22gg222,7,gW,222 t,72 K te V(1111011'HYd39 NO1 9V19 V9V , 11N11 t t # 11119 S]WOH NVINVAOH 110 I , IINCHNANO I a mcimx3 z —J CL UJ 1— GENERAL NOTE 20 LOT 1 HULLS SUBDIVISION PLAT BOOK 2, PAGE 17 (VACANT, NO BUILDINGS) LAKESIDE GARDENS (PB 8, PG 57) 24 23 22 21 POB SOUTHEAST CORNER OF LOT 20 OF LAKESIDE GARDENS (PB 8, PG 57) DUCK ROAD 40 RIGH —OF --WAY) (PLAT BOOK 8, PAGE 57) Exhibit `C' 1 w � o u , co m ce 0 58408 8 "E N8916 '57*W CAULFIELD 8( WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 1 CAS�A� DEL g MAR p� RIG OFYDESONENT 29 LOT 1 HULLS SUBDIVISION PLAT BOOK 2, PAGE 17 (VACANT, NO BUILDINGS) 5' DE o (ORB 234, PG 456) '-\ o 15' DE ORB 650, PG 691) 5' DE (ORB 234, PG 456) 25 26 27 LAKESIDE GARDENS (PB 8, PG 57) 28 30 NORTH 30 15 0 15 30 GRAPHIC SCALE (IN FEET) SHEET 3 OF 3 DATE 7 -28 -14 DRAWN BY CJM F.B./ PG. N/A SCALE AS SHOWN JOB NO. 6725SK1 Project name: Casa Del Mar File number: ABAN 14 -001 Reference: EXHIBIT "D" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 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 Project name: Casa Del Mar File number: ABAN 14 -001 Reference: EXHIBIT "D" Conditions of Approval DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: A Unity of Title for the properties involved is required to be submitted with completed City form at the time of building permit application. The unity of title is required to be recorded prior to the issuance of a building permit for this project. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. '' ti'? -, Conditions of Approval Pa 2 S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014\ABAN 14- 001\ABAN Conditions.doc