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Minutes 04-04-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY APRIL 4, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Invocation was given by the Poinciana STEM winning robot performing the National Anthem. Pledge of Allegiance to the Flag Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Accept the Official Election Results from the March 28, 2017, Run-off Election City Clerk Pyle announced the official results were received and filed. Motion Vice Mayor McCray moved to approve. Ms. Romelus seconded the motion. The motion unanimously passed. Swearing In of Commissioner, District II - Mack McCray City Clerk Pyle administered the oath of office to Mack McCray as Commissioner in District II. Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Commissioner McCray acknowledged his opponents, Dr. Jim DeVoursney and Reverend Hay. When he first entered the race and learned Reverend Hay had also entered, individuals asked why he would run. Commissioner McCray explained he had every right to run because the Charter advised he could sit out one term and run for office again. Commissioner McCray thanked Reverend Hay and commented he made it worthwhile to run. When he was told it would split votes, he prayed and trusted God. The first race, he did not receive the 50% plus one and he had to have a runoff. He thanked Dr. DeVoursney for running a good, clean race. Dr. DeVoursney made the election important for all the citizens in Boynton. Commissioner McCray received phone calls from Congressmen thanking him noting the run-off election had more voters going to the polls than the first election. During the run-off, his mother passed. He was uncertain of the future, but trusted God. He thanked the Coalition of Clergy for their meetings, foresight and vision and for helping the City. He commented Black Votes Matter and all votes matter, but this time, Black Votes did matter. He thanked his supporters as they made a difference. He appreciated Commissioners Katz, Romelus and Casello calling to congratulate him and he was gratified to be part of this team. Individuals came on the scene and they hit the ground running. He thanked David Katz for being his campaign manager and John McMahon for his support. He commented Mr. Katz was given a bad rap, but he trusts him with his life. Reverend Hay always said if you are not on the table, you are on the menu. He commented they are at the table, they have the menu and they own the restaurant. Selection of Vice Mayor Mayor Grant explained there was a memo regarding the selection of the Vice Mayor. Attorney Cherof explained the Charter has a provision that indicates that when selecting the Vice Mayor, the Vice Mayor holds office to the next general election and whoever is selected would serve for two years. Commissioner Romelus asked if the City Commission could turn the position over in 2018 instead of 2019. Attorney Cherof explained if the City Commission approved and the selected individual for Vice Mayor consented, the City Commission could fill the position in a year. Mr. Katz thought the position should be relinquished in one year. Vice Mayor McCray nominated Commissioner Romelus for Vice Mayor. Motion Commissioner Romelus appreciated the nomination, but declined, as she felt someone else was more deserving. She nominated Commissioner Katz as Vice Mayor. It was explained the City Commission would reserve the selection of the next Vice Mayor in 2018. Commissioner McCray seconded the nomination. Commissioner Katz accepted the nomination and thanked Commissioner Romelus for the honor. One year from now, he will share the title and relinquish it so each member 2 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 can serve as Vice Mayor. Since there is only one nomination, Mayor Grant declared Vice Mayor Katz was appointed by acclimation. Swearing In of Vice Mayor City Clerk Pyle administered the oath of office to Vice Mayor Katz. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant moved agenda item 14. B. discussion of cancelling the 5th of July City Commission meeting to item 12.A. and added introducing the new Economic Development Coordinator David Scott as item 3 H. Commissioner Katz requested moving Item 14. F. on the agenda to Item 12. B. Commissioner Romelus pulled Consent Agenda Item 6.E. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Mayor Grant announced he attended the Annual Citizens Observer Patrol BBQ on March 22"d, the International Boat Show on the 23rd and the Due South Party Deck on the 27th. He went to the Hack Lab on the 28th and attended the ribbon -cutting ceremony for Home Away From Home. He met with Bernard Silver, the new President of Hunters Run, spoke at Boca Middle School and attended a ribbon cutting at Rafeana's Beauty Shop He met with Lutheran Services on the 31St and participated in the Let's Move Campaign. He attended the Marina Open Space event held by the CRA, attended Lake Park Shores 24th Annual BBQ and while there, he heard a lot of praise for Chief Katz. He attended a University of Maryland meet -up, met with ALDI representatives and held a fun Town Hall meeting at Bay Bays Chicken and Waffles advising he spoke to many people and he looked forward to having another Town Hall event next month. 3 Meeting Minutes City Commission Boynton Beach, Florida ril 4, 2017 Commissioner Romelus spoke to residents in Casa Costa at a well -attended meeting and received lots of good feedback. She was a guest speaker at the Empower Her Conference in Palm Beach County, attended the South Florida K-9 Competition, met with representatives of the Shoppes of Woolbright, Ocean One, and Head Start in Boynton Beach. She attended the ribbon cutting at the Boynton Harbor Marina. She suggested all visit the Marina as it is amazing. Commissioner Casello attended the K-9 competition and the Harbor Marina ribbon cutting. He admitted he was opposed to demolishing the Old Dive Shop, but he embraced what is there as it is beautiful. He attended the Coalition of Boynton West Residential Association to discuss what is occurring out west and noted there is much development occurring there and they have some of the same concerns as the City. He met with Moran Capital LLC from Dallas, Texas about potential development, Mr. Jordon Ford, Director of Real Estate for all of the ALDI Markets and Dr. Julian Cinero, Executive Director of Lutherans Services for Children. Vice Mayor Katz also met with a person from Texas regarding a potential development and representatives from Wawa Corporation and attended the Marina Green Space opening. He supported keeping the dive shop, but appreciated the landscaping and design as it is a great addition to the harbor. Commissioner McCray went to the S. Florida K-9 competition. He met with ALDI representatives. He thanked all for coming to his mom's wake although he did not attend. He noted his niece, who he raised, was there. His niece's best friend lost her father who was at the funeral home where Commissioner McCray works. The niece went to the grandmother's service and he took over the friend's service. He thanked the City and staff for the flowers, prayers and encouragement. He advised he loves all in Boynton unconditionally. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Kathleen DePuma, Principal of Poinciana STEM Elementary, about their Lego robotics team. Ms. DePuma will introduce Gloria Gibson, Afterschool Director at Poinciana Elementary STEM Magnet School, who is responsible for the award winning robotics team. Kathleen DePumpa, Principal, Poinciana Elementary School and a resident for 35 years, invited all to join her at the school and they would love to have volunteers and citizens follow them on Twitter and Facebook as they prepare students to work and serve the City. She introduced Gloria Gibson, Aftercare Director and Coach of their first Lego League World Champs to speak about the robotics team. Gloria Gibson explained they have amazing fourth and fifth grade students that comprise the Science Technology Engineering and Math (STEM) robotics team. First Lego League is an international competition for 9 to 16 -year old youth. Poinciana's 2 Meeting Minutes City Commission Boynton Beach, Florida ril 4, 2017 students are 9 and 10 years old. Out of over 200 teams from the South Florida region, they are the South Florida State Champions. They will be attending the World festival in Houston where 100 teams from approximately 40 countries will attend. The theme this year was animal allies. The students had to build a robot to run an obstacle course in less than 2.5 minutes. They are judged on team work which gives them core values and leadership skills. The students also complete a research project. This year, the students studied coral polyps in local coral reefs and came up with an innovative idea. The students CAD designed and 3-D printed their own sea clip that attaches inside a dive mask for those that are visually handicapped. This would avoid paying hundreds of dollars on a dive mask by providing people with the opportunity to use their own glasses with the mask. Poinciana students now have a provisional patent for the sea clip and they hope to bring the product to market. Ms. Gibson explained the team laser cut a pin with the Taz Bot logo saying Poinciana STEM Elementary School and Boynton Beach, Florida. They have 1,000 pins they hope to distribute to those attending the World Festival. She invited all interested in robotics to come to the school. Commissioner McCray commented his nephew was in Ms. Gibson's afterschool program and was graduating high school. Commissioner Romelus was also proud of the school, the City and South Tech Academy, noting the students will be inventing things faster than they can catch up with technology. Commissioner Casello hoped the sea clips would be manufactured in Boynton Beach B. Recognize and pay tribute to the partners and businesses that supported the 5th Annual Barrier Free 5K and Inaugural Magic Wheels & Special Deals events, and join the Realtors Association of the Palm Beach (RAPB) in presenting a check of the proceeds of the 5K to the Greater Boynton Beach Foundation. The Mayor will also join Recreation & Parks Director Wally Majors in presenting plaques to those who supported these events. Wally Majors explained this was the fifth year they hosted the 5K Run at Barrier Free Park on Congress Avenue. He pointed out there is a 5K in Palm Beach County each weekend, and they try to set themselves apart by showcasing a unique park in Boynton Beach which is Barrier Free Park. Last year, they became acquainted with a magic wheelchair group in Portland that creates wheelchairs for children that have to deal with Halloween and other events that can be anti -climatic for them because of their wheelchair. Staff contacted the organization and they joined with the City two years ago. Last year, the department was in touch with a family who wanted a magic wheelchair to look like Cinderella's carriage. This year, the Department made contact with a family whose child, Emma, has a condition that affects her ability to grow. She is almost 11 and has a younger brother who is autistic. Just before Thanksgiving, Emma's father passed away from pancreatic cancer and staff felt this family would be a good candidate. Emma's dad's favorite car was a Camaro. A picture of the finished Camaro was viewed. Emma's father was member of the Coral Springs Fire Department and the Fire 5 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Department got a license plate with the name Emma. The vehicle was used to start the 5K race the next day. The two employees who built the Camaro, Officer Will Rodriquez, Boynton Beach Police Officer and Kevin Ramsey, City Project Manager, were not present. A short video of the event from the Realtors Association was viewed. In addition to Officer Rodriguez and Mr. Ramsey, Mr. Majors recognized the Greater Boynton Beach Foundation. Mayor Grant also presented plaques to the Realtors Association of the Palm Beaches and Hunters Run in appreciation of their support. Lori Wilkinson, Chair of Boynton Beach Foundation thanked all who participated in the event. Karen and Emma were not able to attend the meeting as they have had a very busy few months and now they just moved from Wellington to Coral Springs. Karen wanted to express her thanks to all who came out. It was an amazing few days. Renee Stern commented it was a pleasure to be part of the event and she encouraged all to bring their children, grandchildren and family to enjoy the park. C. Announcement by Recreation & Parks Director, Wally Majors, of the Concert on the Green that will be held April 22, at The Links of Boynton Beach, from 5 - 7 p.m. Amy Blackman, Recreation Supervisor, announced the concert at the Links Golf Course on Earth Day, Saturday April 22"d, featuring the Fabulons, a great party dance band. An interpreter for the deaf and hearing impaired will be available. She noted the course is Audubon Certified and tours will be given as part of the event. D. Announcement by Recreation Superintendent Amy Blackman regarding the annual Egg-Stravaganza, which will be held at Barrier Free Park on Saturday, April 15, 2017, from 10 a.m. - 1 p.m. Ms. Blackman advised the Egg-Stravaganza begins at 10 a.m. and ends at 1 p.m. There will be face painting and bunnies, bounce houses, live music and dancing. E. Announcement by The Links at Boynton Beach Golf Course Manager, Ron Tapper, of the winners of the 2016/17 Palm Beach County Women's Interclub Match Play League. Ron Tapper, Golf Course Manager, announced the Links at Boynton Beach Ladies Interclub as the winners of 16/17 Palm Beach County Women's Interclub Golf League. He advised Palm Beach County Match Play was established in 1959. There are several country clubs and golf courses that participate in this event. The Ladies Club joined the Links in 2006 and came in 2nd one year. They play from October through February every year, alternating different courses and this was the first time they came in 1St Place. The event is very competitive. He recognized each member of the team and noted one member, Mary Lou Casley, who participated, recently passed away. A R Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 moment of silence was observed in her honor. The LGA at the Links of Boynton took up a collection and will plant a flowering tree at the course in her memory with a plaque on a rock. He thanked the ladies for participating, who also support the Play for Pink. He congratulated them and advised they represent Boynton Beach when they travel and they do a great job. A member of the Interclub Golf League announced how proud they are of Mr. Tapper and how the staff is the best they have had contact with from any golf course. F. Announcement of the annual Boynton Beach Firefighters Fishing Tournament and Chili Cook -Off. Saturday April 15, 2017 between 11:00 am and 6:00 pm at Boat Club Park, 2010 North Federal Highway, Boynton Beach. A fun day for all to benefit the Boynton Beach Firefighters Benevolent Association and the Boynton Beach Kiwanis Club. Mayor Grant announced this event. G. Proclaim April 2017 as Water Conservation Month. Laura Corry Regional Representative with South Florida Water Management District will be present to accept the proclamation. Mayor Grant read the proclamation declaring April 2017 as Water Conservation Month. Present to accept the proclamation was Laura Corry, Regional Representative with the S. Florida Water Management District. Ms. Corry thanked the City Commission on behalf of the District, the Governing Board and Executive Director, Peter Antonacci. She explained water is a finite resource they have to protect. As partners to create community awareness about water conservation, they thanked all and will continue to raise awareness of the issue especially during the dry months. H. New Economic Development Director, David Scott. Mayor Grant introduced the new Economic Development Coordinator, David Scott. Mr. Scott thanked all for the opportunity to make the presentation and explained he was the new Economic Development Director/Department of Development and Strategy. He had worked in Delray Beach as an Assistant City Manager, a Public Works Director for the City of Atlanta and Deputy Mayor for the City of Baltimore. He has 30 years of public service and strong Boynton Beach roots as he attended the same school as the Mayor and Mr. Tapper. Mr. Scott explained they were focusing on regionalism and how to bring business and investments into the City. As they work through initiatives, the public will learn about them. They want to engage the community and obtain feedback from them and the City Commission. The City has an initiative named Building Wealth in the Community, and they recognize they not only want to bring business into the City, they look to focus their resources on ensuring they spend and invest funds as much as they can in local II Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 businesses. Local businesses will build and create jobs, economic development and keep the growth local. Commissioner McCray welcomed Mr. Scott and announced to District II and the Coalition of Clergy they should utilize him. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Meredith Cruz, Public Information Consultant for the FDOT, announced a bridge painting project on Ocean Avenue beginning April 24th. A tentative open house is planned at the Town of Ocean Ridge. She will share information as it becomes available. Also present was the FDOT Project Manager and a representative from the engineering firm. The Project Manager explained they will have the open house and they wanted to let people know the project will begin. There will be a lane closure, but not a full closure. Some night work was estimated for 6 to 10 nights, but they are trying to reduce it as much as possible. They will change the plan so they can work as much as possible during the day and they are working with Jeff Livergood and with the Town of Ocean Ridge. They will distribute flyers to the community with the dates and contact information. Jerry Taylor, 1086 SW 26th Avenue, explained on March 29th, the Boynton Beach Mental Health Committee, in cooperation with the City, presented a Mental Health First Aid Course at Fire Station No. 5 and about 35 department heads and employees who work with the public attended. Since Mr. Taylor is on the Committee, they asked him to welcome the class and talk about the First Aid Committee. He advised Woodrow Hay, Committee Chair was present. Since Mr. Taylor had not taken the class, he decided to stay for the eight-hour course and was impressed. The class dealt with many of the issues dealing with mental health and educated people about what they can do as first aid when they interact with people with these problems. It was an outstanding course and he complimented the City, City Commission and City Manager for supporting this program. He understood some police officers and firefighters are scheduled to take the class and he encouraged the City to continue the program as it is beneficial and many people needing help do not know where to turn. He also attended the Women's Circle 13th Annual Fundraising Gala at Westchester Country Club. He complimented the Women's Circle as they got new jobs for 43 women. They teach skills and English. Nine women were assisted to get American citizenship and over 26 women are going through training programs to find employment and gain work. Meeting Minutes City Commission Boynton Beach, Florida ril 4, 2017 Susan Oyer, 140 SE 27th Way, congratulated Commissioner McCray on his re-election, congratulated Vice Mayor Katz and wished all Happy Earth Day. She distributed information on ways to fight global warming including flat rooftops, white roofs and reflective paint. She suggested going green and putting plants on rooftops as long as the roofs are constructed to support the weight. She noted a USA today story that indicated "it is estimated that covering all eligible urban roofs in the tropics and temperate regions to white and slope roofs to cool colors could offset emissions of 300 million cars for 20 years." She hoped the City would consider instituting this. She had also discussed living walls for the parking garage as no one wants an ugly parking garage. Living Walls could satisfy the Art in Public Places requirement and put Boynton Beach in the forefront, mitigating global warming and be on the forefront having spectacular development. She requested the City Commission think green. Alexandria Wilson, 1202 NW 5th Street, congratulated Commissioner McCray on the election and hoped he would continue to work hard to redevelop District II and she congratulated Vice Mayor Katz. She was interested in holding community activities and learned that there was a moratorium on events at Sara Sims. She learned the moratorium prohibited activities in the park and thought the City Commission should have initiated some type of committee or outreach to mitigate this issue. She did not see anything about the moratorium online and asked who they should contact to lift the moratorium. Commissioner McCray explained a concert started with one boom box and it grew to about 1,500 and the roads were blocked. She asked if there could be some type of a program so the community can have events and noted the policy for insurance and permits is cumbersome for residents. Commissioner McCray agreed to review it, but commented the attendees left the park, went to Cherry Hill and they started shooting. Event organizers have to provide security. He commented they could work together on the matter, and if they try it again and the same thing happens, there will be another moratorium because the elderly people in the community are being disrespected. He will listen to any ideas they have. Yvonne Skovron, 350 N. Federal Highway, Unit 1405, was aware the City Commission was seeking to make the downtown walkable and advised currently, there are issues with crossing the road at traffic lights between Boynton Beach Boulevard and Federal Highway. Presently, they have to wait three cycles to cross and when doing so they have to hurry to make it through. She requested the traffic signal be adjusted to allow adequate time to cross and not having to wait for three or four cycles before being able to cross. She clarified this pertained to all four corners. Mayor Grant noted the light is 25 seconds long. Mayor Grant was aware on Boynton Beach Boulevard, east to west traffic, they have to wait for cars to turn and there are lights and a waiting area in- between. He asked if more than 25 seconds was needed. Ms. Skovron indicated it was not only the length of time they had to cross, it was the wait to cross the road. Mayor Grant agreed to speak with the Florida Department of Transportation. Commissioner McCray also recommended she speak with Mr. Livergood. E Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Charles Williams, 171 NE 19th, explained he been going to the cemetery every Friday since 1989. When he went on Friday, he cut the weeds on his aunt's grave. He tries to beautify the lot and put a plastic border around it, but a cemetery worker said he had to remove it so he came to the City Commission. His aunt died in June and it was four to five months before grass was planted. Commissioner McCray explained it was a common complaint and a group is volunteering to assist with the cemetery grounds. Mr. Livergood is also in charge of the cemetery and enforces the rules. He commented he would review the matter. Commissioner McCray appreciated the feedback and thought the City needs to do a better job where their loved ones remain. Irwin Cineus, 223 NE 12th Avenue, congratulated Commissioner McCray on his re- election, expressed his condolences on the loss of his mother and congratulated Vice Mayor Katz. He read an article about the Boynton Beach runoff. He explained the publication made it clear this was all about race. He put it on record they cannot avoid race in a system where race is built into the DNA of it, but with this election and the leadership of the clergy and Black Votes Matter, they had a strategy built around a platform that was executed. He was proud of the community coming forward. He hoped they could all work together and with the runner up as well. He wanted the Heart of Boynton to be developed and not colonized. Commissioner McCray commented when he received his congratulatory remarks from Dr. DeVoursney, he had indicated to him he would do whatever he could to help. He is part of the Heart of Boynton Association and although he lost, he will support them. Peter Guillaume 305 SW 5th Avenue, asked about the new Economic Director as there are things residents are interested in that are backed up. He asked if he would work with the community to target issues they have an interest in. Commissioner Romelus explained she asked the Director about his objectives and plans for the community and she believes in what he is doing. He is open to suggestions, from the community. She recommended he get his email and phone number. Mr. Guillaume asked how City officials relate to foreign business economic wise. Mayor Grant explained Mr. Scott was the person to speak to. Commissioner McCray recommended he speak with Mr. Scott first, him second and he will go to Ms. LaVerriere. Ms. LaVerriere requested he call the City Manager's office and she will connect to him. Pastor Richard Dames congratulated Commissioner McCray on his re-election and Vice Mayor Katz. He thanked the Mayor and City staff for the CareerSource Job Fair. He received several phone calls from several residents who got jobs. He was aware over 20 businesses participated in the fair and he went to the CRA and distributed flyers. He encouraged the Commission to help create wealth in District 11. He commented there seems to be a label about District 11, but they want their fair share. Herb Suss, 1711 Woodfern Drive, congratulated Commissioner McCray and Vice Mayor Katz. He noted one department that gets very little recognition is the Sanitation 10 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Department. They work very hard and one worker in particular that works on recycling, known as Big Al, is outstanding. He wanted Chris Roberts, Assistant Director Public Works, to recognize he is an asset. He also requested the City Commission send a letter to the County Commission as Palm Beach County is paying taxes for President Trump to go back and forth from Washington to Mar-a-Lago. It is impacting Lantana, costing jobs at Lantana Airport as flights are affected, and it affects restaurants. He asked the City Commission to send a letter to the County, governor, or president because taxpayers are paying the bill. He thought it was not right. Rae Whitely, 223 NE 12th Avenue, congratulated Vice Mayor Katz and Commissioner McCray and Mr. Scott on his new position. He announced the last election meant a lot because they put a lot of work into it so they could engage the community that felt disenfranchised. They spent months making telephone calls. He thanked the community who came out to vote, noting it was a great turnout. This winner was not a win. The win was the platform created by the community. They held candidate screenings, forums and follow up. He thought Boynton Beach could be the greatest City because they believe in the process. He thought Mr. Scott was a great hire and building wealth starts with a Community Benefits Agreement on each development. Rev. Bernard Wright congratulated Vice Mayor Katz and Commissioner McCray. He agreed they did a lot of work and he enjoyed the platform. He announced he has a Facebook post about this race. He explained race is a factor in this country and the world. He stands on Black principals and pointed out Dr. DeVourseny is his doctor. Anyone who attacks him as a black racist does not know his history. There will be a better Boynton and District II. Willie Aikens, 726 NE 1St Street, President of the Heart of Boynton Neighborhood Association, thanked Commissioner McCray for his win. The community is looking forward to working with all. They have a lot of plans and they need assistance from each Commissioner. He expressed his condolences to Commissioner McCray on the passing of his mother and his congratulations on his winning. The work will begin and with the Commission's support in the Heart of Boynton, they can make changes in the City. No one else came forward. Public Audience was closed. 5. ADMINISTRATIVE A. 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 (N/V Stu) openings exist: Arts Commission: 1 Alt 11 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Library Bd: 2 Alts Recreation & Parks Bd: 2 Alts Senior Advisory Bd: 1 Reg and 2 Alts Mayor Grant read the vacancies. There were no applicants. B. PROPOSED RESOLUTION NO. R17-030 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). Commissioner Casello commented he has been the representative to this organization for four years. He built relations and friendships there and he would like to continue to serve. It was noted Commissioner McCray is the alternate. Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. Commissioner Romelus seconded the C. PROPOSED RESOLUTION NO. R17-031 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Mayor Grant commented Commissioner Romelus is the representative and she advised she wanted to remain. The alternate is Lori LaVerriere, City Manager. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R17-032 - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization Mayor Grant wanted to continue as he was making relations with the Florida Department of Transportation and the Metropolitan Planning Organization. Commissioner McCray is the alternate. 12 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. April 4, 2017 Commissioner Romelus seconded the E. PROPOSED RESOLUTION NO. R17-033 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities Commissioner Casello explained he was recently re-elected to the Board of Directors for the League of Cities and he wanted to continue to serve in that capacity. Commissioner McCray is also a representative because Commissioner Casello sits on the Board. Mayor Grant commented they could have two representatives, although almost every Commissioner has attended at different times. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-034 - Authorize the City Manager to apply for, execute all documents associated with the Florida Boating Improvement (FBIP) grant, accept and administer the grant on behalf of the City, and execute the Grant Agreement subject to approval by the City Attorney. B. PROPOSED RESOLUTION NO. R17-035 - Authorize the Mayor to sign a Consent to Assignment between the City of Boynton Beach, Layne Heavy Civil, Inc., and Reycon Partners, LLC. The company will assign to Reynolds Construction, LLC, a wholly owned subsidiary of Reycon Partners, LLC. 13 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 C. Approve the purchase of an upgrade our Geographical Information System (GIS) software to a Small Government Enterprise License Agreement through a sole source from ESRI at a cost of $35,000. D. Approve the quote received from Tinker LLC of Alamo, CA for the FY 2017 implementation of the Water Conservation Education program for all 5th grade students at schools within the City of Boynton Beach for an estimated cost of $30,712.71. Recommendation is based on staff's ability to only identify two (2) vendors for this program and that issuing a formal bid would not produce additional vendors. E. Approve a $5,000 donation to the Boy Scouts of America - Gulf Stream Council to go directly to support our Police Explorers; a youth mentoring program designed to help cultivate interest among our community youth in a future law enforcement career. Commissioner Romelus wanted to ensure the community is informed about the events and to grow officers from the community. Jeff Katz, Police Chief, explained the Explorer program, in partnership with the scouting program, resulted in the Department starting a Cub Scout Troop in the HOB. They want the Police Explorers to mentor the Cub Scouts. This is a 15 -year pipeline from the Cub Scouts, to the Boy Scouts into Police Explorers and onto being hired as a community service officer and police officers from the community. They also offer academy sponsorships. The program is consistent with youth literacy and mentoring. Commissioner Romelus asked about minority recruiting to be representative of the City's demographics. Chief Katz commented the Department has an Architects Council to bring forward ideas, suggestions and programs to better the community. Sgt. Widy Jean is the minority recruitment liaison working with the department to identify recruitment strategies. They hold fairs in black colleges, other counties and police academies to recruit candidates. Their last recruitment study showed they are very selective with personnel and they hire 1.2% of those who apply, but over 50% of conditional job offers extended to candidates are minorities. Their brand is increasing in the Department and the quality of their candidates is improving. Seventy-five percent of the Department have college degrees. Commissioner McCray was pleased they have Cub Scouts in District II. He noted years ago, they had the Boy Scouts. The Explorer program is led by Sgt. DeLosRios. Commissioner Casello had observed the Explorers are hard workers. They participate in neighborhood clean-ups, Farm Share, paint homes, and they decorated a home for Christmas. Commissioner McCray asked where the $5,000 donation came from and learned it was from the forfeiture account. It is a reinvestment of funds seized from drug dealers. 14 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. April 4, 2017 Commissioner Romelus seconded the F. Approve release of a Bond, in the form of a Letter of Credit, in the amount of $163,235 for the completion of the clearing and grubbing in association with the High Ridge Landing project. G. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2017. H. Approve the minutes from the Regular City Commission meeting held on March 21, 2017. Motion Commissioner Romelus moved to approve the Consent Agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-036 - Approve the piggyback of the Palm Beach County, FL Agreement R2014-1489 with IXOM (formerly Orica Watercare, Inc.) for MIEX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing, and authorize the City Manager to sign a contract with IXOM. The maximum anticipated annual expenditure for the purchase of MIEX DOC Resin is $402,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of resin. Mayor Grant read Resolution No. R17-036. Bevis Pigott, Acting Utilities Director, explained the resin is a synthetic product used to remove organic compounds from raw water. Over time, it breaks down and has to be replenished to maintain facility operations. The East Water Treatment Plant is running and a grand opening was planned for it and the on-site medical clinic. 15 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof explained the next four items are related to the Ocean One project. There are two ordinances: one to rezone and the other for an abandonment. Two other items are the community design appeal and the other is a new site plan. He asked if the applicant consented to discussing the items together and voted on by separate motions. Bonnie Miskel, representing the applicant, had no objection. Attorney Cherof read Proposed Ordinance No. 17-008 by title only on second reading. Attorney Cherof read Proposed Ordinance No. 17-009 by title only on second reading. Attorney Cherof administered an oath to all those intending to testify. Motion Commissioner McCray moved to remove items C and D from the table. Commissioner Casello seconded the motion. Vote The motion unanimously passed. A. PROPOSED ORDINANCE NO. 17-008 - SECOND READING - PUBLIC HEARING - Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU -H) District with a proposed two-phase master plan for a total of 358 multi -family rental units, 12,075 square feet of commercial retail space and a 120 -room hotel. 16 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Bonnie Miskel, 14 SE 4th Street, Boca Raton, commented she represents developers all over Broward and Palm Beach County, but enjoys coming to Boynton Beach because the staff is the most professional staff they have worked with. They help offer solutions. There are four applications: the rezoning from Central Business District (CBD) to Mixed Use High (MU -H) intensity and the second is an abandonment of a portion of NE 6th Court between Boynton Beach Boulevard and Ocean Avenue. There are two community design appeals and a site plan. The site plan is phase I of a two phase project. The property is on the southeast corner of Boynton Beach Boulevard and Federal Highway between Boynton Beach Boulevard and Ocean to the north and south, Federal Highway to the west and NE 6th Court to the east. It is two different parcels. A strip on the north is owned by the CRA and the majority of the parcel balance is owned by the petitioner. It formerly had a bank and office building on it. There was a small strip motel on the CRA's property, which currently has asphalt parking and grass. Views of the project from different directions were viewed. Over 10 years ago, the City and CRA were looking to enhance the vitality of the core. In 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan which required an update to the CRA Redevelopment Plan and the Comprehensive Plan (Comp Plan) was amended to create two subcategories of mixed use land use designations. It redesigned the downtown as MU -H, which is the most intense category and then it re -designated the gateway communities as Mixed Use Low (MU-L),It created development standards for the MU -H District which the Comp Plan identified as the core downtown area. It addressed maximum allowable height, eliminated restrictions on density and allowed residential uses by right if the first floor is dedicated for commercial, retail, or office use. At that time, the redevelopment plan focused on expanding the CRA area. Boundaries were drawn to take into account the need for physical redevelopment as well as to protect the existing viable area from blighted influences. This property is located in planning area 3, which has its own standards and requirements. It established a focal point as a hotel and residential and encourages mixed use development, creates a destination atmosphere including specialty retail, restaurants and residential uses. It encourages an urban form of development which adds intensity, bulk and building mass for the downtown core. In this planning area, height is encouraged as is public activity. It defines pedestrian spaces, creates a safe pedestrian environment and establishes an aesthetically pleasing look. The Federal Highway Corridor study recommended amending the Future Land Use Map (FLUM) to re -designate the downtown area 3 to MU -H, and recommended creating development standards for the MU -H District, eliminating restrictions on density, but maintaining 17 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 control of the appearance of the development. It recommended increasing the permitted height from 100 feet to 150 feet. Ms. Miskel explained this was not the first project in the works for the property. Once the land use category was established, the regulations to implement it needed to be developed. In 2002, there was an amendment to the Land use regulations that created a MU -H zoning district and adopt a guide for development of the downtown to encourage diversity of compatible uses. The regulations applied to certain areas where a mixture of uses and building densities are intended to carry out elements in the City's redevelopment plan in the corridor. When MU -H was applied to the MU -Core area, it centered on Boynton Beach Boulevard and Federal Highway. When MU -H was created, it was intended to overlay and replace the CBD. The City could have rezoned, but it was intended the applicant would come in with the development they were proposing. Casa Costa, Marina Village and 500 Ocean were rezoned to MU -H. The first application was to rezone the CBD classification to MU -H. She listed the zoning criteria explaining how they met each requirement. They are fulfilling the vision that was established years ago. The rezoning cannot reduce commercial or industrial development. She advised staff reviewed the project with the regulations and the plan is consistent, with two minor exceptions which were the design appeals. The first phase of the project included 231 residential units and 8,575 square feet of retail. The building is eight stories with seven stories of structured parking for a total of 439 parking spacing, exceeding the parking requirements by about 26 spaces. Phase II included 127 condominiums, 3,500 square feet of additional retail and a 120 -room hotel. She advised Mr. Simon, the Interim CRA Director, referred a potential hotel operator to them. In total, there was 358 residential units, which was part of the planned vision to increase the residential downtown, 12,075 square feet of retail and the 120 room hotel for the entire master plan. The structured parking was intended for both phases. One garage would be included with each phase. The property is a vacant lot. The 2016 assessed value for the site was $2,661,348 with a taxable value of $58,096. The City's portion of that was $19,645. The new assessed value, after construction, was estimated for the tax roll in 2020 as $55,010,726. The anticipated taxes were $1,153,690, and the anticipated portion of tax to the City $406,067. Ms. Miskel noted there was a question about parking and explained with mixed-use projects, parking ratios are blended. She explained there are 152 one - bedroom units with a parking code requirement at 1.33 parking spaces per unit for a total of 203. There are 79 two-bedroom units at 1.66 parking spaces totaling 132, spaces. Guest parking is .15 spaces per unit adding another 35 spaces and the retail is 1 for 200 which adds 43 spaces. The total required is 413 and this has 439. Compared to other projects, 500 Ocean was approved for 341 units, just over 13,000 square feet of retail and 6,600 square feet of office. The required parking was 656 and they provide 703 spaces up 47 for public parking. Casa Costa was short 41 spaces and Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Marina Village was even so there was not really a public parking component. Ms. Miskel advised they have committed to 50 public parking spaces in Phase I and 50 more for Phase II. A breakdown of the spaces will be 360 spaces inside the structure in phase I and 39 on -street parking spaces, which are mostly around the border of the site on Federal Highway, Ocean and NE 6th Court. The open lot is an additional 40 spaces. The building is designed as the focal core for resident units, having a view of something other than a street or building. The building is U-shaped around an amenity deck and pool area with parking on the bottom. There is a health club and fitness center on Federal Highway that is open to the public as well as serving the community, which is included in the 8,575 square feet of non-residential space. Retail is on the corner of Federal and Boynton Beach Boulevard. The center facing Boynton Beach is the lobby and reception area and the NE corner is retail wrapping around onto NE 6th Court. Visuals were viewed. One goal was for the garage to blend with the building so no one would know it is a garage. The first floor has active uses. They also tried to provide large pedestrian walkways and sidewalks, ranging from 19 feet to 32 feet with lots of vegetation for pedestrian safety. There could be a restaurant with outdoor seating. Pedestrians like a buffer which they attempted to provide with the landscaping. Various pictures of the project were viewed. Commissioner Romelus asked about the stop and drop off area for Uber and learned the carve -out in the sidewalk is in front of the lobby on Boynton Beach Boulevard. There is a younger population that is much less car driven. Mayor Grant noted the garage has terraces to look like the building. Ms. Miskel explained it is the nicest garage buildings she has ever presented. One entrance is off NE 6th Court and the other off an interior driveway connector. The access was designed tastefully. Until Phase II is ready for site plan approval and permitting, they will landscape the entire perimeter as if Phase II was there. Sidewalks and trees will be installed around Phase II and they will have the 50 space public surface parking on an improved lot. When they are ready for Phase II, they have other locations nearby they will relocate the parking to on a temporary basis until parking is incorporated back in the project. Staff challenged the developer to provide a sustainable project that meets the Code and there were a few minor issues they could not accommodate. The first was a build -to line that requires the building to be between 0 to 15 feet from the property line and the project exceeds it. In one instance it is at 19 feet. They felt it was important to have a plaza component as there will be on Phase II. The width of sidewalk and plaza area on Boynton Beach Boulevard is there for a purpose, but was greater than the 15 feet maximum and they are appealing that section of the Code. She thought it was a legitimate request as it has a public purpose and could accommodate outdoor seating for a restaurant. 19 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 The other requirement pertained to Chapter 4, Article 3, Section 6 .f. relating to parking garage fagades that front on an arterial or collector roads to be wrapped with habitable space. The developer was asking for some relief. They wrapped the garage on the lower levels, and the lowest level would have habitable non-residential space, but going to the upper levels of the garage, they would have difficulty making the turning radius into the ramps with the habitable space, so they could not meet that provision. It was challenging. They are dedicating an area on the westerly property line to build on -street parking. The developer was shrinking the project, but thought it improved the viability of non-residential space when there is convenience parking. She noted Casa Costa struggled with that as parking was not convenient and the non-residential tenants struggled as a result. The depth of the lot is constrained and in order to meet the standards regarding ramps and turning radii, if they encroached into the space, it would have affected the number of public parking spaces and challenged the flow of the garage. In exchange for the request, they designed a garage that looks like a residential building. In all other aspects, the project and application fully meets the Code. Ms. Miskel explained public parking would be on the west side of Federal Highway, the south on Ocean Avenue and the east side on NE 6th Court. To fit the parking and make the garage function, they needed the width of the lot to be a certain size. NE 6th Court exceeds the standard needed for its low traffic volume and has the capacity to accommodate the request. Staff recommended shifting the lot, but in order to do so, they have to abandon a portion of NE 6th Court. Ms. Miskel explained the entire team was present. She advised Mr. Chris Brown, with RMA, is the community benefits consultant. She advised he is doing great things for other communities in case they had questions. Mayor Grant opened public hearing on the items: Linda Cross, 65 Casa Loma Boulevard, Unit 601, noted Casa Costa has 111 spaces open to the public, which was why it received Tax Incremental Funds, and Marina Village has 120 spaces dedicated to the CRA on the first and second floor. She thought Ms. Miskel's comment was misleading. Susan Oyer, 140 SE 27th Way, expressed concern the rents for one bedrooms may result in more than one person occupying the unit and the parking is 1.33 spaces per unit and there may be two cars. She thought they were grossly underparking and suggested bigger apartments, less units and more parking. Ms. Oyer inquired what the Art in Public Places component would be, suggested a living wall and asked where art will be placed. She explained there is 19,000 square feet of commercial space at Casa Costa of which 2,000 square feet is occupied. The buildings downtown are under 50% occupied with retail and she asked why they were adding more empty retail when they need Class B and C office space. She noted Boca Raton has more class A office space 20 Meeting Minutes City Commission Boynton Beach, Florida ril 4, 2017 then the entire County and thought Class B and C office space could be the City's specialty. She also wanted the hotel to be constructed first. Robert Lewis, 350 N. Federal Highway, Apt. 510, learned a lot during the past three years and is a strong advocate for development. He commented development would be the best way to clean up Federal Highway, eliminate abandoned properties and lots littered with trash. Empty store fronts need new development and he fought to convince the City Commission that was the way to proceed. When he first moved, 500 Ocean had not broken ground and soon it would be fully developed and rented. Federal Highway will be changed. Casa Costa and Marina Village were developed and the City has a lovely boating community at the Marina. 500 Ocean will add to the downtown. High Ridge just opened with 184 units and is already occupied. Peninsula and Casa Del Mar is developed. He commented the City is moving and everyone in Palm Beach County is noticing. Businesses are looking at Boynton Beach as Boca is priced out of the market and those in Delray Beach are coming to Boynton. Commissioner Romelus at 8:571eft the dais. Herb Suss, 1711 Woodfern Drive, agreed this is a quality project. He was concerned there may not be enough parking and agreed with Ms. Oyer's about commercial offices to bring in more jobs. Commissioner Romelus returned at 9:00 p.m. James DeVoursney, 2625 Lake Drive North, asked, during the review of the demonstration of need, if the City was satisfied with the data they reviewed, and if the publication it came from that demonstrated the need for more rental units to be finished in 2020. He asked about the number of one bedroom to two bedrooms units and who they were trying to attract. Ms. Miskel explained she took information about parking from the approved site plans for Casa Costa. She clarified the negative number regarding public parking was the parking provided versus required. She explained there is a shared parking component with every mixed-use project and she recognized Casa Costa is not fully utilizing its retail components. If they have 231 residential units on top of a restaurant, some residents will use those facilities. They had to park the fitness and health clubs users which many residents would utilize. Factored into the 1.33 and 1.66 parking calculation is. an industry formula that assumes there would be the same people going to the same place. In the case of the gym, if the person lived there, their car was already parked in the garage so the shared parking calculations come into play. The shared parking calculations come from Urban Land Institute studies and many other projects use the methodology. As it pertained to Casa Costa and Marina Village they looked at the approved site plans at the required spaces versus the provided. 21 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 The smallest unit is 600 square feet and the largest is 1,600. The rate is about $2 per square foot. The rental rate is improving and is still under Delray's, but people are getting tired of the traffic in Delray and a lot of professionals are moving north, to more affordable housing that is easier to get around. Before her client embarked on the second site plan for the project, they considered the market demand and are comfortable with the market. Ms. Miskel and the team visited with the Arts Commission and received great suggestions. They have not decided on what art to install, but one suggestion was kinetic art that had something to do with the garage, have stained glass displays and/or a living wall. When they decide, it will have to be approved by the Arts Commission. Ms. Oyer pointed out they had met with Ms. Coles-Dobay, the Public Art Manager, not the Arts Commission. Commissioner Casello asked if there will be a parking charge on weekends. Ms. Miskel explained they will give the public parking spaces to the CRA. The developer will not manage them, and they had no Jntention of imposing a charge. It is up to the City and CRA. Commissioner Romelus noted there were issues at Marina Village regarding where owners park and the public parking. Ms. Miskel explained the parking during Phase I has 50 spaces all outside. Phase II they will have to designate the lower levels to the public and the upper levels for the residential units. Marina Village had an added challenge with parking because when they sold the units, they conveyed a space regardless of unit size. If the unit owner had two cars, they had to find a space in whatever was left over in the pool and the Related Group still has some of the spaces because they were not part of the pool or allocated to the units. The developer intends to designate a convenience space per unit, so parking will be near where the unit is in the building. . Commissioner Romelus also wanted to ensure they develop the project and employ full- time employees that are representative of the demographics in the City during construction and after the project is completed. Ms. Miskel explained they met with Mr. Simon and the CRA attorney to draft language regarding the Community Benefits Agreement, which explicitly states the requirements. Mayor Grant asked if the rooftop was open and learned the seventh floor deck was. There was no deck on the residential portion of the building and only the parking garage will be exposed. Mayor Grant asked if they could put trees on top for shade, and if the developer considered a light display so the garage will not be a dark canvas at night. Vice Mayor Katz heard at one point, the garage exterior would have painted windows and learned they would use true materials. The garage will have the same glass and balconies as the rest of the building. He also asked if language would be added to the contract regarding timetables with regard to site approval and moving through the 22 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 process. Ms. Miskel explained they added language to the document relating to both Phase I and Phase II. Vice Mayor Katz noted there were issues with debris and lack of a secure site during construction of 500 Ocean and asked if there would be language that specifies when construction begins there will be extra attention paid to ensure the project site would be secured. Ms. Miskel explained it was not in the document, but she did not think there would be an objection. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 17-009 - SECOND READING - PUBLIC HEARING - Approve request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval for the Ocean One mixed-use project. Applicant: Davis Camalier / Ocean One Boynton, LLC. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0. C. Approve requests for a Community Design Appeal of 1) Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build - to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One Boynton, LLC. TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. 23 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner. McCray moved to approve motion.. Vote The motion unanimously passed. April 4, 2017 Commissioner Casello seconded the D. Approve request for a New Site Plan for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. Property located at 114 N. Federal Highway. Applicant: Davis Camalier / Ocean One Boynton, LLC. TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 14.A. Discuss cancelling the July 4th City Commission meeting - April 4, 2017 Mayor Grant did not recall if the City Commission opted to cancel the July 4th meeting and move it to July 5th. Lori LaVerriere explained the City Commission had opted to do so. Mayor Grant announced he would not be present that week and asked if they wanted to skip the meeting. He had spoken with staff who had no objection and it would result in not having to prepare for the meeting on July3ra Motion Commissioner Romelus moved to cancel the July 5th meeting. Commissioner McCray seconded the motion. 24 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Vote The motion unanimously passed. B. The Commission has scheduled a Public Input - Budget Workshop on: Tuesday, May 30, 2017 @ 6:30 P.M. in the City Commission Chambers Vice Mayor Katz asked about the workshop format and thought it was important for people to speak out prior to the budget hearings so their ideas could be incorporated. He also would not want to comment in any great detail with any assurances of anything as they would not have seen the budget yet. He wanted to ensure it would not turn into as open forum requiring people giving answers about a budget that is not publically constructed. Mayor Grant agreed it is a workshop so people will not have to wait until July to make their comments about the next fiscal year. The comments will have been received well in advance. 13. LEGAL A. Accept report by City Attorney regarding status of Red Light Camera Program Litigation and attorney fees Attorney Cherof recalled brief discussion at the last City Commission meeting why the City's Red Light Camera program was cancelled December 31, 2016, and why City Attorneys are actively involved in 'prosecuting or defending cases. He explained in January, the City's net revenue for the camera citations was $101,332. There was $5,002 in attorney's fees or about 5%. In February, the net revenue of the program was $111,175 and attorney fees to prosecute and defend the citations were $5,769, or about 5%. All of the fees paid to the City Attorney are paid by the individuals who have run the red lights through the City. No monies were coming out of the City's General Fund. There are approximately 5,519 active violations. Sixty-one percent of the people receiving a citation, on average, pay it without contesting it. The balance of the violators challenge the citations either through the City's special magistrate of which there are 196 pending or, if unpaid, they go to traffic court in front of a judge. There are many active cases pending. It takes five or six months and up to a year to process the camera citations being actively challenged through the courts because the individuals and attorney can raise all kinds of defenses to challenge the legality of the program. The City has won every single appellate court decision. If the collection effort remains active, it would be another six months to zero outstanding active violations. Attorney Cherof noted there is a pending federal case, known as the Parker case that has challenged the red light camera programs all over the State and it was challenging the State of Florida and the traffic vendors. Numerous cities are defending the lawsuit in federal court. The case is currently pending in Federal District Court and Federal Appellate court proceedings. There are also two state court proceedings pending in the 25 Meeting Minutes City Commission Boynton Beach, Florida April 4, 2017 Florida Supreme Court to challenge whether the original underlying program was valid. He noted Boynton Beach did not have the same type of underlying program the other cities had and they have proven that in court, which is why the City was successful, and part of the program was amended. The fees for the Parker case were only a few hundred dollars the last fiscal year. The City is not participating in a group defense and is not responsible for paying a share of those fees, only the City attorney fees, which is not very active. The Parker case is a class action suit and since October the City spent $663. During the prior fiscal year, the fees were $4,200. The fees for the month of March were about $3,400. He thought the revenues would be constant until all citations are paid in full. Three years ago, there were higher attorney fees. If the Parker case prevails, the fines would be returned; however, Attorney Cherof did not think the City would be affected as the City's program was not the same as the portion of the case that is under consideration. 14. FUTURE AGENDA ITEMS A. Consider adopting a Chronic Nuisance Ordinance. - April 2017 B. Discuss cancelling the July 4th City Commission meeting - April 4, 2017 This item was heard earlier in the meeting. C. Monthly Departmental Presentations: Communications/Marketing -April 18, 2017 D. Recommend vendor as result of Request for Proposal for Pension Benefit Consultant - April 18, 2017 E. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M-. F. The Commission has scheduled a Public Input - Budget Workshop on: Tuesday, May 30, 2017 @ 6:30 P.M. in the City Commission Chambers This item was heard earlier in the meeting. Meeting Minutes City Commission Boynton Beach, Florida 15. ADJOURNMENT Motion April 4, 2017 There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 9:31 p.m. ATTEST Ju th A. Pyle, CMC C4f/fy Clerk Catherine Cherry Minutes Specialist 27 CITY OF B YNTON EAC Mayor - Stamen B. Gran Vice, avef - Commissioner - MaDR McC ommission6r - Christina Romelus missioner - Joe Casello DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean One (CDPA 17-001 & 17-002) APPLICANT: Davis Camalier, Ocean One Boynton LLC APPLICANT'S ADDRESS: 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017 APPROVAL SOUGHT: Requests for a Community Design Appeal approval of 1) Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. LOCATION OF PROPERTY: 114 N. Federal Highway 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: 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 Applicant 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 "C" 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. 7. Other: Nhiel%e DATED: ',117 x City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Ocean One File number: CDPA 17-001 & 17-002 Reference: 5th review plans identified as a New Site Plan with a February 13, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. I X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Rezoning, New Site Plan and Abandonment. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Ocean One (CDPA 17-001 & 17-002) Conditions of Approval Pana 7 of 9 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17-OOZCOA post P&D.doc SITE LOCATION MAP X. AlAM NE3rdAv1.�e, Ir -0 ` E Boynton Beach Blvd = I IV AW it aS i'' k2' R t `✓ 6 fr� 50 14 cYwxrar t e, •, '�, "w1, S �,'v n "*` 1 i Z TA v a a �A,x2 "71 SEI st Ave fm 1 arra Z M W EXHIBIT "A" NE 2nd Ave= s� mrx I ss on IE.1stAve, k .. 0 20 40 80 120 180 Feet Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Architects, PA 114 N. FEDERAL HIGHWAY, BOYNTON BEACH, FL 8085 N.W. 155th Street Miami Lakes, Florida 33016 305-826 3999 I GROUND LEVEL PLAN �e -PROPERT UNE x � ,(ili rte- f :IRE .. 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C H §.F TDMA .E ON k a ASSOC. / ���«BO_mBEAaFL Architects, PA _ N. _ _ ._ 1 GovyDun."y trop.,t A""o4ut CsrKUr,4 s.4�anHnh Ro!inicAiiskcl C7w.,Y�twokkertwn Hg4HwrA)Me:, scot i3ZE,111an Ele zarh;trm In .htdrF.` iR-k tvr Ocean One 114 North Federal Highway Community Design Appeal — Build -to -Line Ocean One Boynton, LLC ("Petitioner") is the owner of the +/- 3.63 gross acre parcel located at 114 North Federal Highway, which is generally located on the northeast corner of Federal Highway and Boynton Ocean Avenue (SR 84) ("Property") within the City of Boynton Beach ("City"). The Property has an underlying land use designation of Mixed Use Core ("MXC") on the City's Future Land Use Map and is currently zoned Central Business District ("CBD"). The Property is also within the City's Downtown Transit - Oriented Development District ("DTODD") Overlay Zone. The Property is currently vacant. Petitioner proposes to redevelop the Property with two hundred thirty seven (237) multi -family residential units that are highly amenitized to ensure an upscale living environment for future residents ("Project"). In order to develop the Project, Petitioner is also requesting a rezoning of the Property to the City's Mixed Use -High Intensity ("MU -H") zoning district. The Property is further located within the Transit Oriented Design ("TOD") District around the future transit station under the City's Community Redevelopment Agency's ("CRA") Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. The TOD and this area of the City's Mixed Use Core includes both the CBD zoning district and many properties that have been rezoned to the MU -H district, as proposed by Petitioner. Specifically, the Project is consistent with the high densities of the Marina Village Condominium to the east of the Property and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by the recent development in the area, as well as the CRA's Downtown Master Plan and the DTODD Overlay zoning district that high-density and mixed-use residential projects are desired for the Property as it is in close proximity to the marina and future transit station. The Project proposes a high-quality development that serves the redevelopment needs for this particular area of the City. The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development 14 5.E., 01t Suttc, 3v. 8oci,; IR -t,,) ii, F L 3"114 32 'c!: I r& 3� 40,5-3200 . € ax, I56�1 409-2:341 ,hr.Jt r4 L9aw.com as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. In order to develop the Project, Petitioner is requesting a community design appeal as follows: Relief from Part lll, Chapter 3, Article lll, Section I.E. (Table 3-4) to a build -to -line in excess of nineteen (19) feet in lieu of zero feet required. In support of the community design appeal, Petitioner will demonstrate that the request meets the review criteria of Chapter 2, Article II, Section 4.13.3 of the Land Development Regulations ("Code") as follows: (a) whether the proposed request is consistent with the Comprehensive Plan; (b) whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) on balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; (d) whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health and species of trees sought to be protected; (e) whetherthe proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) whether the proposed request will have an adverse impact on property values of abutting or adjacent land; (g) whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; (h) whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; (i) whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use Core. Per the City's Comprehensive Plan, the MX -C category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -C category east of 1-95 specifically provides for high density residential development far above the density permitted in the CBD zoning district. As such, the Project would allow for this higher -density residential development that was clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide a larger pedestrian promenade along East Boynton Beach Boulevard. East of Federal Highway, Boynton Beach Boulevard becomes a local road servicing only a handful of properties. As part of the Project, Petitioner is requesting the abandonment of a portion of Boynton Beach Boulevard which will narrow the right-of- way and slow down vehicles traveling in the area. The Project further provides a more expansive pedestrian area along Boynton Beach Boulevard to create an active pedestrian environment that allows for greater interaction with the proposed commercial uses. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of Land Development Regulations and Community Redevelopment Plans — The Project is consistent with the CRA's Downtown Master Plan and the intended development on the Property. • Policy 1.1.3.d —The Project provides forthe vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — The requested relief will provide for a larger pedestrian promenade and a safer street with slower vehicular traffic. • Objective 1.7 —The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within commercial and residential Community Redevelopment Areas, including areas east of 1-95, notably the Federal Highway corridor — The Project proposes to transform a large vacant parcel along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety — The Project provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalks... - The Project proposes wider sidewalks along Boynton Beach Boulevard to create a safe area for pedestrian activities. The Project also proposes on -street parking and an integrated bus stop. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — Petitioner is seeking relief from the built -to -line in order to create a wider pedestrian area and promote a safe pedestrian environment. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed request will not significantly detract from the livability or appearance of the City. The build - to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The request is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build - to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to - line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. It is clearthe variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. The proposed relief will not have an impact on existing trees or desired flora. The Property currently has several street trees along the street frontages. Petitioner has hired an arborist and submitted an arborists report with the site plan application for the Project to determine whether any trees can be saved. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. As noted above, the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criteria is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. The proposed request will not have an adverse environmental impact. The proposed request will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the streetthrough enhanced landscaping in orderto create a true pedestrian feel alongthis frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed request will not have an adverse impact on property values of abutting or adjacent land. The Property is currently vacant. The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. Further, this request will revitalize the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. The relief requested further allows for the enhancement of pedestrian sidewalks, plazas and outdoor seating areas that will create a quality development with the desired pedestrian activities along the ground levels. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. The request will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. As such, it will not impact the quality or quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard and further these objectives. The sidewalks will be also buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. The TOD and this area of the City's Mixed Use Core includes both the CBD zoning district and many properties that have been rezoned to the MU -H district, as proposed by Petitioner. Specifically, the Project is consistent with the high densities of the Marina Village Condominium to the east of the Property and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by the recent development in the area, as well as the CRA's Downtown Master Plan and the DTODD Overlay zoning district that high-density and mixed-use residential projects are desired for the Property as it is in close proximity to the marina and future transit station. The Project proposes a high-quality development that serves the redevelopment needs for this particular area of the City. The request is necessary to redevelop this vacant lot with the Project which contains luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criteria. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. As such, the relief requested complies with this criteria. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: Ocean One (NWSP 16-002) Davis Camalier, Ocean One Boynton LLC 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017 APPROVAL SOUGHT: Request for New Site Plan approval for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. LOCATION OF PROPERTY: 114 N. Federal Highway 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: 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 _ 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 "C" with notation "Included." 4. The Applic is 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. 7. Other: SAE% DATED: �ZZ l -7 v Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean One\NWSP 16-002\DO.doc EXHIBIT "C" Conditions of Approval Project Name: Ocean One File number: NWSP 16-002 Reference: 5th review of plans identified as a New Site Plan with a February 13, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please note if triggered in the pending FDOT pre -application letter, a 12 foot wide right turn lane with appropriate storage and X transition shall be provided on Federal Highway. If the turn lane is not required, a 30 foot turning radius shall be provided in the permitting phase. 2. Proposed bus shelter/stop location is contingent upon Palm Tran X approval. Please coordinate with Palm Tran. 3. At time of permit submittal, please demonstrate compliance with X ADA requirements for H/C parallel parking space along Federal Highway. 4. Developer will be responsible for replacement of existing FPL Street lighting adjacent to site with underground decorative street X lighting to match existing poles and fixtures adjacent to property at Boynton Beach Boulevard. 5. At time of permit submittal, please demonstrate sight lines meet FDOT Standard Index 546 for the sight triangles along Federal X Highway. 6. Please note that the City will require the 72" RCP storm line to be inspected via diver (pre and post construction) at the applicant's X cost. Dive shall be video recorded and findings presented in a report. 7. At time of building permit submittal, please provide specific details X on how the footer will be built to prevent damaging the City's 72" RCP storm pipe. 8. Please provide a proposed addressing plan. Addressing plan X indicating all possible addresses for site, including all commercial spaces and units is required, prior to submittal of building permits. Ocean One (NWSP 16-002) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 9. Where public sidewalk is provided on private property, a 5 foot wide or larger easement will be required to be dedicated to the City prior to issuance of any permits. Indicate location of all public X access easements and on all cross sections. 10. Any public drainage system that crosses on to private property will X require a drainage easement. 11. Any existing easements, but specifically FPL, located on the property not proposed to be retained, will have to be vacated prior X to permit issuance for building. 12. The existing 6 -inch AC pipe along U.S.1 will be removed; therefore, the proposed fire hydrant cannot be connected to that line, as depicted. Per our last meeting on October 12, 2016, the following alternatives were proposed by the Utility Director: X a. Remove and replace the existing line, and connect the hydrant to the new line, or b. Extend the water main from the fire hydrant on SW corner of the property to the U.S. 1 entrance, and connect the proposed fire hydrant. 13. The Developer shall, upon completion of the site improvements, install a W course of Type S -III asphalt on Boynton Beach Boulevard, from Federal Highway's eastern edge of pavement to the concrete header curb forming the paver crosswalk at NE 6th X Court. This requirement serves to overlay the existing road and conceal the road repairs resulting from the Developer's connecting with utilities under the paved road. X 14. Each restaurant shall have its own grease trap. 15. At time of permit submittal, please provide an additional utility X sheet that only shows site plan and proposed work. FIRE Comments: All previous comments addressed at DART meeting. X POLICE X Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. X Ocean One (NWSP 16-002) Conditions of Approval Page 3 of 4 DEPARTMENTS PARKS AND RECREATION Comments: INCLUDE I REJECT 16. Per City Ordinance, the Park Impact Fee is based upon a factor of $595 per unit for multi -family dwellings. Based upon the proposed 231 units in Phase I, the fee will be $137,445 (231 X $595). The X fees associated with Phase II will be determined at time of site plan submittal for that portion of the site. PLANNING AND ZONING Comments: 17. 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 X Clerk and Planning & Zoning. 18. The garage shall be lined with commercial spaces on Federal Highway and wrapped on upper floors by habitable space anywhere the project has frontage on a public street per the LDR, X Chapter 4, Article 3, Section 65.2.d., or an application for Community Design Plan Appeal must be approved as part of the project approval. 19. On Sheet C4.00 and the Master Plan, the building setback from the north property line appears to be approximately 19 feet. The build -to line required for Mixed Use High zoning is zero (0) feet, with an allowance of up to 15 feet for various design X considerations. An application for Community Design Plan Appeal must be approved as part of the project approval in order to deviate from this design detail. 20. With the provision of the turnaround space at the gate in the parking garage, one parking space was lost, reducing the parking on that level from 55 to 54, total garage parking from 360 to 359 X spaces, and reducing the excess parking to 25 spaces. At time of permitting, please revise all sheets to correspond accordingly. 21. Since Phase 1 of the project relies upon the entire site to meet the density and parking requirements, a Unity of Title, Unity of Control, X or an alternate legal instrument acceptable to the City Attorney will be required for the entire site prior to the issuance of any permits. 22. At time of permit submittal, please provide a narrative explaining X how parking will be monitored to ensure residents are not parking in guest and retail parking spaces. Ocean One (NWSP 16-002) Conditions of Approval Pane 4 of 4 DEPARTMENTS I INCLUDE REJECT 23. Please know that on -street parking is supported by this Division, and that parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval. Should any X changes result from FDOT permitting in the design or number of parking spaces, the site plan will be required to be modified accordingly. 24. Clearly depict any proposed sign band where signage will be allowed on the building. As depicted, the sign locations do not X appear to meet code. A subsequent site plan modification may be necessary for facade changes to accommodate tenant signage. 25. A Sign Program will be required for building identification and X tenants. 26. Any review and approval of the project is subject to approval of the X concurrent right-of-way abandonment request. COMMUNITY REDEVELOPMENT AGENCY Comments: 27. Please ensure a well-designed parking sign plan is in place to X direct the public to parking entry. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 28. Applicant shall convert four (4) regular parking spaces within the exterior parking (either on -street or in the surface lot) to handicap, update all affected drawings and parking counts (if changed as a X result of the conversion to handicap spaces). CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\NWSP 16-002\COA post P&D.doc 0 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Ocean One File number: CDPA 17-001 & 17-002 Reference: 5th review plans identified as a New Site Plan with a February 13, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Rezoning, New Site Plan and Abandonment. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Ocean One (CDPA 17-001 & 17-002) Conditions of Approval PanP. 9 of 9 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17-002\COA post P&D.doc fj PHASE -21 PHASE -1 SUN VALLEY RI F-7 SITE POLE SAM DETAIL US HIGHWAY No.1 NE 6TH GOUHT\ 17 PHOTOMETRIC SITE PLAN - PHASE I k It -M S3 mil G FA- -7] I am t x � tit" �.m 4��A.1ixi' 0 u9f21 M! Oir.. #1 - 4" ¢'j�T '3'i }i 77 Fi irgiE ,c! 11 OU Ow t� R, H5 9� _5 a- �y �:f flF Si Bt'�F 7 I�Fic _ d 1.28.2017 ®6ean One 1,14�I. Federal Highway, Boynton Beach, Fl l ? WEST LANDSCAPE ELEVATION n -1 €r`, R, a Q a ki x F 1 t � �` y �`i ny�r+zrT Y iW$ .���P d€a "'M Ei 1p € 5s N � Ma x if 1 z t"E4 F_ RAI, —5—. 1-28-2017 cafl One e2t 3 114�F. Federal Highway, Boynton Beach, Fl SOUTH LANDSCAPE ELEVATION l l 0 9y egg op r . - ej Epi, i! 0, J.r iil: Hca- �.� $c limit=av i i �9 1 i F , IN MR 2 �s umil) i 8 mvvncx ae.w aw. a y s, .'� 1-28-2017 ^ 6cesn Ofle a114.I. 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Fedml Highway, Boynton Beach, FI Ni M'\��� }��� � � �'�� � \�jj �PRELIMINA YDESIGNI ONE A�rElejjLHRrn Cofff"FROMAN -INONOSA&OCEAN it2 114 N. FEDERAL HIGHWAY, OYNI.N EACH, FL �PREUMMYDESIGN FOR: ONE e a p >Horn Lpl[N•FR®NAN•ENONOSA @ A$$OC.EAN Architects, PA N. FEDERAL HIGHWAY, BOYNTON BEACH, FLING GRADING AND DRAINAGE PLAN S m y PRELIMINARY DESIGN FOR: OCEAN ONE§, n I Kim>»Horn l%MiEN•FREEDYAN•ENNOSA A AMM Architects, CI PA 114 N. FEDERAL HIGHWAY, BOYNTON BEACH, FL "� y ®� e O SITE PLAN �+� Aw o Sv 6v GRAPHIC SCALE '=30' e�rx �RlMEre BQ CVXMOore PcxO SURVEYING B MAPPING Bora Peron. FbEd iia,) CAR— od — M. Ll - 711 W) 211-9998 Fac I5611211 -B BOYNTON BEACH 1 FEDERAL HWY PARCEL BOUNDARY AND TOPOGRAPHIC SURVEY G. FEE DISTANCES SHDxN ARE CRO60 DISTANCES. A SCALE FACTOR OF .000019} 5 USED FOR SURVEY. T. AREA OF THE PROPERTY SURVEYED I 3.470 ACRES. MORE OR LESS. FLOOD INFORMATION ED—.,UMBERNBER 000396 SUFFIX C DATE OF FIRM INDEX . SEPTEMBER 30. 1902 ZO E 0 ABBREVIATIONS LEGEND BASW 6 CATCH BASIN -CTI INTMPTIR CONCRETE UTILITY POLE FE11 - GUY 0. CHOP WWE H o w000 MOT POLE SANITARY SEWER MANGLE LIGHT PANE BELL SOUTH RISER RIOT BELL SOUTH MANHOLE A 11.11L 11171,1:7 w%LEPHvALVf WC TDRANT SINGLE SUPPORT SIGN xT A ORANILF MANHOLE NF. FEW% TRAFFIC SIG.NIL BOX MRIG... BOX LIGHT Box CATV RISER WATER METER M CAS VALVE ELEVATION SURVEYOR'S CERTIFICATION COMPLIES 11TH WINIWU TECHNI CM. STAIND D HOWN FOR SURVEYS AS CONTAINED IN CHAPTER 6141 i-6. FLORIDA ADMINISTRATIVE CODE. PURUANT TO SECTION 412.021. FLORIDA STA1111 A 10 SURVEY IS TRUE HD CORRECT TO HE BESTHOF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION. JEFF S SUR'E"' AND MAPPER FLORIDA LICENSE N0. LSSU 11 LAST DATE OF FIELD WORA . JUNE 1. 2016 'c ­ 1. c4 i°•30' FB/PC ON: JSH NECKED JM SE SHEET 1 O LEGAL DESCRIPTION LOTS ITHROUGH B."FUNK EPOS. ADDITON•. ACCORDING TO THE PLAT THEREOF.M RECORDED N PLAT BOOK 2 AT PPLE U OF SND PLOLIC RECORDS ND LOT11 'DEwET5 SUBOMSAN•, AGCORONG TO THE PLAT AS PEC.. W PLAT BOOK IAT PAGE 1) OF SAU PM,LIC RNEREOF, ECORO$ ANO KL/OF�NwTIIIE//w S11 T 13)AT SNER C KCOUORDRIO DTO LH� PLAt TME�Oi, AS HECO DED N PLAT ED. A AT PAGE 2 OF SAID PUBLIC RECORDS. LESS AND .—T- THE EAST 25.00 FEET THEREOF ALSOWEST LINE OFSECTI0NT2),YOWNSI� IS SOUTH,RAANG1 11 EAST,P11 THE –S BEPL11 COUNTY, FLORIDA NCE�NTEPEINE OF AND STATEPROAADD THAT LYING wRXW 45.00 FEET OF THE 4. e. ALSO LESS AND EXCEPT THE PMT NCLIAED N THE EXTERNAL- MEA OF A A.OU FOOT RADAIS MC WHICH IS TANGENT TO A LINE 25.00 MET WEST OF THE EMT LINE OF SAID LOT 41 NID TO A LM 45.00 FEET NORTH OF THE CENTERLINE OF STATE ROOD 004. ALSO LESS IIID EXCEPT THE PMT INCLUDED IN THE: E%TEANN MEA OF A 12.00 FOOT RADA15 AND ON R TANGENT TO A LINE ...,FEET EAST . ._ OF THE WEST LWE Oi SAD SECTION 2) ANO TO A LINE IS— FEET SOUTH OF THE NMT. LINE OF SIA SECTXN 27 gg , ALSO LESS MA EXCEPT THE PMT INttUTED W TIE OUT CLAM DEED – RECORDED IN OFFICIAL RECORDS BOOK 21583 AT PAGE 1115 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA op SITUATE N THE CRY OF BOYNTON PEACH, PAM BEACH SAID COUNTY. TY. FLORD, —'---� '— o - ,' s) .a NOTES EPRODUCTIONS OF THIS SIETCN ME NOT VALID WI TNUUT THE � J • C % s. SICIE111 PND THE ORIGINAL RAISED SEAL OF • iLOP10e i[ENSED SURVExOR AND IMA ER, ALL EASEFENTS ANO RIGHTSOF-WAY LISTED IN TITLE COMHITAENI �RlMEre BQ CVXMOore PcxO SURVEYING B MAPPING Bora Peron. FbEd iia,) CAR— od — M. Ll - 711 W) 211-9998 Fac I5611211 -B BOYNTON BEACH 1 FEDERAL HWY PARCEL BOUNDARY AND TOPOGRAPHIC SURVEY G. FEE DISTANCES SHDxN ARE CRO60 DISTANCES. A SCALE FACTOR OF .000019} 5 USED FOR SURVEY. T. AREA OF THE PROPERTY SURVEYED I 3.470 ACRES. MORE OR LESS. FLOOD INFORMATION ED—.,UMBERNBER 000396 SUFFIX C DATE OF FIRM INDEX . SEPTEMBER 30. 1902 ZO E 0 ABBREVIATIONS LEGEND BASW 6 CATCH BASIN -CTI INTMPTIR CONCRETE UTILITY POLE FE11 - GUY 0. CHOP WWE H o w000 MOT POLE SANITARY SEWER MANGLE LIGHT PANE BELL SOUTH RISER RIOT BELL SOUTH MANHOLE A 11.11L 11171,1:7 w%LEPHvALVf WC TDRANT SINGLE SUPPORT SIGN xT A ORANILF MANHOLE NF. FEW% TRAFFIC SIG.NIL BOX MRIG... BOX LIGHT Box CATV RISER WATER METER M CAS VALVE ELEVATION SURVEYOR'S CERTIFICATION COMPLIES 11TH WINIWU TECHNI CM. STAIND D HOWN FOR SURVEYS AS CONTAINED IN CHAPTER 6141 i-6. FLORIDA ADMINISTRATIVE CODE. PURUANT TO SECTION 412.021. FLORIDA STA1111 A 10 SURVEY IS TRUE HD CORRECT TO HE BESTHOF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION. JEFF S SUR'E"' AND MAPPER FLORIDA LICENSE N0. LSSU 11 LAST DATE OF FIELD WORA . JUNE 1. 2016 'c ­ 1. c4 i°•30' FB/PC ON: JSH NECKED JM SE SHEET 1 O EXHIBIT "A" SITE LOCATION MAP 9 rt + t NE 3rd Ave y�4II— v`01, ! r Cti � I app � �� �;� ' �" �.>, i�ff• �T �j � � E ( ° �� �' • � C� Yom+ '= x tr I "+k � I t � �� � � � �� '� . Y �+� L'�' � sfc' „hrr+�- : ': �i{,'E T i ., .'a��6'd..-....—....^^f,�. � W.�.-. i+V F�:� wa�`kg•"°' `-. r U NE 2nd Ave ..- : E Boynto- n Beach Blvd i ` ; • w : 3 a ' auk r•'°- � '�,'s;-�U� yx _ •�'�_ MW x ! tt e e:':-"`-. A• t,14`.. rn li 0 r. t NE 1 st Ave,, ! I (q m Ot E Ocean Ave) .: -x 6 .. ii � ' 1.111 W IiLT me .�. l:r � GLS • �i �7 w '+� � � - — eg5 �9 i cv^^' 'a".r�:�a'�' sa. '.,. k 'Sc''u ��-� ■�� �'a�- "s. *.` _. �ti a..+�F�u �. � .._--. I k ,i' } tt3$ . 1'' ro •• 11 �`'",'"s r £ �'� r _ A, 3 { 4a SEI stPIql- �.--'cn 3 x Ave ,SE1s Rae", v. {SE 1 to LU 4 t II . N _ 0 20 40 60 120 160 `- Feat Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement � White and green roofs fight global weaning., study finds Wendy %ich , IIS A TODAY Published 2:53 pm ET Feb_ 10, 20141 Updated 437 a.nL ET Feb. 11, 2014 How much can white or green roofs do to fight climate change.? That depends on the region, says a new study, finding that white roofs offer fess benefit in Northern areas than Southern ones. Painting roofs white or covering them with plants could. help fight global warming; but they don't offer the same bang for the buck everywhere, says a study Monday of six U.S. "megapolitan" regions. Cool roofs-- painted white or other light colors to reflect sunlight — as well as green roofs have surged in popularity as cities such as New York promote. their use and rssearch shows they lower the need for air conditioning. Now comes another federally funded study that reinforces that idea — with caveats. (Photo: American'Geophysical Union ^Each can completely offset the warming due to urban expansion and can even offset the warming due to photo by Maria -Jose V55as) greenhouse gas_ emissions," says lead author Matei Georgescu, a sustainability scientist at Arizona State University. He says cool and green roofs can become an important way to deal with rising temperatures, especially as more Americans live in urban areas that are warmed by asphalt roads and tar roofs. The study, co-authored by three scientists at the U.S. Environmental Protection Agency, used climate models to look at the potential benefits of cool and green roofs,in metropolitan areas that are sprawling into "megapolitan" regions. "Our wort: sho%vs that geography.matters," Georgescu says. He says cool roofs, which 1prjer a building's Temperature year round, offer lesser benefits in Northern than Southern areas. The reason's simple: In Northern cities, the' energ j savings from less AC use in the summer are offset by more . heating requirements in the winter. "There's always some (energy) savings," he says, but they're smaller in the Chicago/Detroit region and the Mid -Atlantic than in Texas, Arizona, California or Florida. His study finds green roofs don't seem to cool buildings in the winter the way white roofs do; because the addition of water vapor promotes warming — a potential plus for Northern areas. Yet roofs with plants offer less overall cooling than those painted white — a potential downside for Southern areas. "There are trade-offs that need to be considered," Georgescu says, adding: "We don't yet know enough about the various trade-offs.". His study, . funded by the National Science Foundation, was published in the prestigious Proceedings of the A4abowlAcademyof&.ences;ournal. "The study is a step in the right direction and is consistent with other studies that suggest that cool roofs can offset localized urban heat island impacts," says Mark Jacobson, an environmental engineering professor at Stanford University. He says, however, it does not show the global impact. In a 2011 study, Jacobson's computer modeling found that white roofs do cool urban surfaces, but they also exacerbate global warming by reducing cloudiness and heating up particles of soot and dark pollutants that hover in the atmosphere. Hisstudy did not include the potential.benefit of reduced A/C use. Most studies tout the benefits of cool or white roofs. Just as wearing light-colored clothing helps keep people cool on sunny day, the U.S. Department of Energy says reflective surfaces can keep a roof 50 degrees Fahrenheit cooter than traditional, dark tar.. . A 2010 study by DOE -funded Lawrence Berkeley National Laboratory said coos roofs and pavements can not only help cities stay cooler but also cool the worid, potentially offsetting the heating effect of up to two years of global carbon emissions. It estimated that converting all eligible urban flat roofs . in the tropics and temperate regions to white (and sloped roofs to cool colors) could offset.. the, emissions of 300 million cars for 20 years. A newer Berkeley Lab study, published online last month, found white roofs are more cost-effective than black or green ones over a 50 -year period when installation, maintenance and a building's subsequent energy_ use are considered. It said they cost $2 less per square foot than black roofs and $9 per square foot less than even the least expensive green roofs. "White roofs wiry based on the purely economic factors we included, and black roofs should be phased out," authorArthur Rosenfeld said in releasing the findings. He said white and green roofs do "a good job at cooling the building and cooling the air in the city, but white roofs are three times more effective at countering climate change than green roofs." and urban gardening. He said green roofs: avhere produce can be grown, offer other benefits such as stormvater management 4131-4017 Cod Roofs Might Be Enough to Save Cities from Climate Overheating- Scientific American . .............. .. . .... . ...... . ............ . .. . . .......... SCIENTIFIC EEC::R1EE] -ANIERICAT .......................................... . ... ...... . ....... SUSTAIN, A B R L i —a Y Coal N-Dufs Allgffit 33-:4, Enu-nffl� tv UftleSz T"I'afn -Uhnate, -7 10 ca'11 �d' u _oof t� DEE C! BV .a V;; '- I 'S' i '. j 10 on' e F L i 2. ".1 A COOL ROOK The green roof.atop a post office building in Midtown Map, hattan -offers cooling, water filtration and even rest for weary urbanites. Credit: 0 David Biefid https:/Avww.scienUticamerican.com/arbclelcool-roofs-migh-be-enough-to-save-cifies-from-dimate-overheaUngl# 1/9 4!3/2017 • Cool Roofs Might Be Enough to Save Cities from Cli mate Overheating - Scientific American ADVERTISEMENT I REPORT AD Crickets chirp and bees buzz from sedum flower to flower atop the post.office in niidtov,-a Manhattan during a.visit to the 9th Avenue facili(y on a perfect lel%r fork Cib- fall day. On a sprawling roof that CGirers most of a city block a kft-ad of -park -lbas been laid, sucking up carbon dioxide and other air pollution, filtering rainfall, making it less acidic. Suer verdant r oofs nlayform part of an efrecri h e strateg, for both cooling buil diiigs and helping combat climate change, according to ner,., research pu a Ei:<'_>e:1 i t 3 tr2i1:J` t{i"tiC1 <C L_'ei12I` `--�� , — '"S (�P� ) it February �€ ' i y Ci ->3i�LUf "ice i \At_9` ❑__�.tl_Er' solc Lions cited in the,sto' �incicide white r ooiS'ds_-t re -L CE r'QI'e Stln_light back tO space, or hyb ,rid roofs to-lat col �ibine aspects of white and green, or planted, rods. !ar"ge enough nunTii3eZ Of SUCK roofs cOU!d "completely cEset warming due to Urbz;L1 e:5�ansion and even offset a peI"centage of fut ire greenhouse v� a , I_U o�rer large _regional scales," says silstai bilii scientist 1\ atei GeorgeSCU at .1--riz 3aia ta'Le Unives"siby, -who lead the researcl; i. That conclusion-o-tr affictSpY"e iE? sU �i"i di-_ngs by L'?SeciY'Cl2CrSfitJZix taY2 Grdt1I3IE%O?'SYt�%,.�i%l2cz i0iiitd Cit Hi��:%' LCC aC'- `1'i"�3 J C increase g15Jn _ ate miLc . Roofs hay,e quickly become a.stick-g, subject, touted by some, such as fotmer U.S, _S._e.._c_r1.ta,i__. �n.�'_ Ti_Z-a ��' \�tee nCL. , as oIe soluton to goha< _<p4_��IUIZ.�. -. That's becaue - cities are hot places. As buildings replace forest or grasslands, -flee .local temperature - ises—the so-called urban heat island effFP o feet. The au.��t of ururbanaland in the U.S.- is predicted to inere?se by as much as 261,000 square kilometers by 2ioo, a more than doubling from the current 250,000 square kilometers, according to models developed by the U.S. En ironmenral F-roiectlongenej,. That translates to an area nearly the size of Colorado, containing at least one house for every hectare of land. By the end of this century, according to the new research, some "me -a +olitap" regions of the U.S. could see local average temperatures rise by https.//www.scientifiram�;—-_..:. . 4/3/2017 Cool Roofs Plight 6e Enough to Save Cities from Climate Overheating- Scientfic American as much as 3 degrees Celsius, in addition to whatever global warming may do. For example, New York City has some loo square lalometers of rooftop, most of it tar or other black roofing materials, absorbing heat and helping to make buildings—and the cit,- as a whole—hotter in summer. Some cite roofs have measured temperatures as high as 7o degrees C, thanks to their being black, with concomitantly high cooling costs, not to mention local temperatures raised by a degree or more Celsius. Aspart of a project 'mc�pFTn as Cool Roof, volunteers in New ark City have been . painting black roofs white and have so far covered more than 500,000 square meters of roof, tlhougil that's less than one percent of the possible area. The u:S. Department of Energy suggests such reflective rooftops can keep agiven roof 3o degrees C cooler than surrounding traditional, rooftops. Even better, according to new research. from Lav,,rence &rkeley L,:aborator:l-, ,,Tb_ .te roor's are the cheapest roofing Option based on a SttE.dy Or?2 CO, � ierGi?� rQC' C'6` - 13rd-ieCZs. 111E labs research CQL'- rns the r 6' a t „ ll ri - zo `l :Yl ?.n s l:�,r �i;�tiS{-er is educe e r-sr.'c er �' i' e ��-� __. c�__-�,• t« _ �__�.. _of� Led�c� �_0 .1 � -a:—�" p 'o-. i_-� t l e ii.i21eS more effective at co: -iter ing c1iinate change than even green roofs, thanks to all that r efl ec to ! BuC tl e .. .... _�`,. = `"' esls at suC1� �'�'� to Loos �' 'ould ha�'e diff er =nit tli2 �acls � i.ff r eia � Ja es. So, i Nev.r for is C r any eL� er g)T savinus Ora air_ condition ba the su3:1 naer are increasedheating usage in vAnter (although this can be addressed Adthi optilual roof design or roofs vF th adjustable reflectbv-ity). Aoki white roofs can reduce precipitation as 611, by reducing the amount of Norm., l;u d air _rising and, the uurraber of clouds and eventual rainfall. TT_Adaptati.on to urban. -induced clinniate ch=in ge..d��epends on1.sp'ecific geographic L�iC��}rs, t ieCJrgeSCid c2CfC1S, 1�C�t�f3� �mt F,%,hit', reJecti e cool roots work well in California, but -could reduce rainfall from Florida up the U.S. east coast, for example. "What works over one geographical area naay not be optimal for .another,' he says. ree.:_A ° ifs r �a�f beab, Fera for _i`Te�� �:or G- for example; because they provide better insulation during vvinter, along ivith cooling benefits In the summer. Water evaporation from the plants lowers overall temperatures—and releases more humidity into the air. And, they offer ancillary benefits like green space for weary urban minds. 4/J/2017. Coot Roofs N4ight Be. Enough to Save Cities from Climate Overheafing - Sdenfific American Here's hom,u a green roof vmrks: a layer of felt retains water for hardy plants like sedum or certain grasses, covered by about an inch of "soil"—really a plan -made substrate composed of porous shales and clays. The key is to have a strong roof, strong enough to hold'its weight in water. But although expensive, the $5 -million planted roof offers benefits beyond combating climate change, compared with'white roofs. In New York City the raizi falls at a pH of around 4.2—very acidic—but after' filtered through a green roof it 6.2 or higher (the higher the ply, the less acidic). The evaporative cooling provided by the roof also reduces local temperatures by, around 2 degrees C. The PWA.q ndin—, do not jibe with some other research, however. In 2011 Stanford. University researchers found that white roofs would provide some local cooling but at the expense of more global waT-m- ng, largely because such cooling .means less hot air rising and therefore fewer c1_ouds forming. That lack of clouds woudd causn more warining do-i.virvyirid. The re-lected sunlight 2Iso iii -Lis more OG fhe soot and ot'hea' yf3O1_futants cOI1_1n1ori1`yT found int the atinosphere above caF—fes, v'Thich 0-1`o increases vtTajav nng, according t6the computer model simulation. The St -al -E10 d u�.'C-=01 Ls. suggested roofs covered in photovoltaic panels would do a oetter.joClaig electricity that cher obviates the need for more fossil plants. l� I any scientists (isagree �ti-its tie Stai3fOr'd anal sis, Tji c u < ng yet a ai.otD er tear Of ainrence C-rkele,% r ese.9T _-LerS vJ–io toulid that }, li?te roofs o�+ e P°`;% its: l d -'-Ig g1O —Ily could irffSel= the effect Of SOn?e billiO.1 iraetric t6ris of groes thous —_ gq-,s e rrAsSioal-s, Or more than a e s worth of 4obal climate char -ging pollution. Aad at lest one Stanford climate n2.odeler suggests that local cooling has never been sho t.ir F to create global war ming. "I do not deny that such a case is possible," climate modeler Ken Caldeira Of Stanford 7 ote ail 2oii, V,Theii the origin&dw ese cclh Siiggest<Cig ,,Vhite roofs could worsen climate change was published. "I am highly skeptical that it i,�rould be a common occurrence," added Caldeira, ,,rho had a white roof installed over part of his own home for cooling purposes. Regardless' the space for reflective or even greets roofs is i mited. JrbaA,, areas'cover less than 1 percent of the globe (although that number is likely to i-acrease in coming decades), and less than half of that area is roof- or road -top, amenable to whitening. It also fails to capture the comple_xit-v of an urban environnAent, such as hoer replacing trees with buildings affects the water table and wind speeds. "Urbanization affects not https://www.scientificamerican.co.m/arficielcod-roofs-might-be-enough-to-save-cities-from-d imate-overheabngt# 419 4/312017 Cool Roofs Might i3e En3ugh to Save Cites from Climate Overheating -Scientific American just surface albedo," says urban environment researcher Karen Seto of the Yale School of Forestry and Environmental Studies, who was not involved in any of the research. The new _PYNTA" study "is an innovative first step,. but limited in terms of what impacts they're looking at," she adds. In the meantime, black roofs remain a human health risk. In the deEzcrlr-�Chicago heat wave of 1995 those living on the top floor of a building with a black roof were most likely to die, according to subsequent analysis. "Mack roofs should be outlawed," geochernist Wade McGillis of the Lamont—Doherty Earth Observatory at Columbia University told me during my visit to the post office green roof. "If you're going to put up a roof, don't put up black." Rights & Permissions '?_D EIE TIS H:i1YF'_1�1 R EFQ=;_ AD AUGU T 'E 1- 31. Z A i;JT E 10R( , David Bieflo https:l/www✓.scientficamerican.comlartclelcool-roof--might-hp-pnrwwd-f—.-.--:,:.... L __ -- As the threat of global warming becomes widely recognized, scientists have proposed geo- engineering techniques ("the artificial manipulation of the environments of the Earth, especially as a means of counteracting global warming"') for quack response to counter the threat. Most proposed geo-engineering techniques are novel but unproven. Simple ideas, such as cool roofs and cool pavements, that save energy, improve comfort, and have been practiced for thousands of years should be the first adopted geo-engineering project. w Increasing the solar reflectance of urban surfaces results in reflecting more of the incoming global solar radiation, hence, counters global-varnina. In a recent study to be published in journal Climatic Changue, Akbari, Menon, and Rosenfeld have quantified the effect of increasing the solar reflectance of urban surfaces in terms of CO2 offset2. Most existing flat roofs are dark and have a typical solar reflectance of 10%-20% that can be increased by using white materials with initial reflectance of 70%-80%, aging to over 60%, an increase of over 40% in the solar.reflectance. They estimate that for a house with 1000 ft' of roof area. (or a non-residential building), the CO2 emission offset is 10 tonnes. Currently, in Europe emir ed CO2 is traded at —$25/tonne; this total CO2 offset of 10 tonnes is worth $250. Rosenfeld. notes that "the idea of a white roof to cool a glass greenhouse is well known. A :greenhouse traps heat efficiently in -winter, -but then it overheats in warm weather. The manager then whitewashes the panes so as to reflect solar radiation back out through the transparent atmosphere instead of permitting that radiation to enter the greenhouse where it is converted to heat and trapped." It is fairly easy to persuade (or to require) owners of buildings with flat roofs to. select white for their roof color, and in California this has been required since 2005. But in the case of.sloped roofs there are architectural issues, so California compromises efficiency with aesthetics and only requires that roofs be "cool -colored" which are about half as effective as white. (This rule takes effect in July 2009). As to pavements the reflectivity can be raised on average only 15%, which leads to a CO2 offsei of four tonnes per 1000 fit, worth $100. Of course, it is well known that white roofs save building's cooling -energy use by about 20% (and hence directly reduce CO2 emissions from electricity generating pourer plants). The estimated U.S. potential savings for white roofs are in excess of $1 billion per year in -iiet annual energy bills ' http://en.wik-tionary.org/wiki/geoenzineermg . 2 Akbari, H., S. Menon, and A. Rosenfeld_ 2008. "Global Cooling: Increasing Solar Reflectance of Urban Areas to Offset COZ, "In press, Climatic Change. Hashem Akbari is a senior scientist and Surabi Menon is a scientist with the Lawrence Berkeley National Laboratory (email: H Akbai a,lbl.gov, tel.: 510486-4287). Arthur Rosenfeld is a commissioner with the California Energy Commission (email: Arosenfe@,energv_state.ca.us, tel.: 916-654 4930). ..n ..�.._, z-_,``.� C .._.� i.. sem,-. (cooling -energy savings minus heating -energy penalties). The global cooling effect of white roofs is equivalent to over 10 years of CO2 reduction resulting from cooling -energy savings. Increasing the solar reflectance of urban surfaces (roofs and pavements) also reduces the summertime urban temperatures leading to an improved urban air quality and citizen comfort. The combined effect of the energy and air-quality savings from increasing the solar reflectance of urban surfaces in the U.S. alone can exceed $2 billion per year. The estimate of the worldwide energy savings is huge. Over 50% of the world population now lives in urban areas, and by 2040 that fraction will grow to 70%.In urban areas, pavements and roofs constitute over 60% of urban surfaces (roofs 20-25%, pavements about 40%). The estimate of the global CO2 emission offset for cool roofs -and cool pavements is 44 Gt (billion metric tonnes), worth about $1100 billion. This 44 Gt CO2 offset is more than one year's worth of the 2025 projected world -Bride emission of 37 Gt of CO2. Furthermore, assuming a plausible growth rate of 1.5% in the world's CO2 -equivalent emission rate, the 44 Gt CO2 -equivalent offset potential for cool roofs and cool pavements would counteract the effect of the growth in CO2 -equivalent emission rates for 11 years. Akbari, Menoa, and Rosenfeld propose as international campaign to organize all the large cities in tropical and temperate regions to develop programs to install white roofs and cool pavements wlhen the roofs are first built or re -roofed and when pavements are installed or resurfaced. Akbari points out that "such an international `cool cities' program is a vvm' , v��n, win case. Cool roofs save cooling -energy use nil air conditioned buildings and improve comfort in buildings that are hot but are not air conditioned (win #1). Cool roofs and cool pavements reduce stunmer heat islands, leading to better ambient air quality and comfort (wia #2). And now this paper shows that cool roofs and cool pavements cool the entire globe (win #3)." Installing cool roofs and cool pavements in cities worldwide does not need delicate negotiations betweenn nations in terms of curbing each country's CO2 emission rates. An international cool cities program can be used as a model to organise the world in to -ing a coordinated step to mitigate global warning. For more information contact: Hashein Akbari, (510) 486-4287, h_akbai, )1bl.gc:y One Cyclotron Road, Mail Stop 90-2000, Heat Island Group Lawrence Berkeley National Laboratory, Berkeley, CA 94720 snauael{# $106,322Net Revenue January 2017 c Funds to City ^ Funds to i tternry Fres $101,320 $5,002 $111,175 Net Revenue - February 2017 ■ Funds to City Funds to Attorney Fees $105,406 $5,769 100% Red Light Runners Who pays the red light camera attorney fees? 100% 0% Taxpayers (City's General Fund) There are approximately 5,519 active violations in various stages of the enforcement process: Notices of Pending NOVs: Percentage of Pending NOV Potential Violation Violators that City Hall Uniform Open UTCs in D-6 Traffic Active Traffic (NOV) December pay the NOV Hearings traffic Traffic Court Court UTCs: Court UTCs issued in the violations plus Fine Currently Can be paid, last month of previous Citations Inactive, can set for trial, the program outstanding (UTCs) be or D-6 violations Unpaid NOVs reactivated at awaiting anytime review by when officers Violator 2,370 3,395 61.1% __— 196 455 6,426 I clears the D-6 4,862 1564 Traffic Ildractlon Enforcement officer determines that a violation occurred. NOV Issued by first class mag to registered owner, who has foo-optlons. Fla. Stat § 316.0083111(b).2a. Pay tfie $1588rre. Rleanaffidavttrahing■ Request an admInIstradve Nofiriher ectlm statutory esemptian, hearing. A losalhearing and no UTC including (1) another person af8whews evidence and Iuu.d. was operating tfewhideat the time ofthe Inketion,(2) the Infraction occurred reviews video/photas before determining whether Wolationoccurrad. No UTC ustal thhed beyond a underthedlsectlonofdw enforcement (3) a citation ((ss�� Issued,.i re—noble doubt was issued by law Fla. Stat § 316o0g3(5) . enforcement at the same, Identified In aMdavlt a Fla. Stat §318.14; Fla. R. vee was yleiding (4) the hicl newNOV may he Issued to Tn ECLg o(e). to on emergencyvehlde or that Indlvidual and piocess funeral procession, and (5) the registered owner died Appeals to circuit court Appeals to circuit court lsefore Issuance. No further action and no UTC Issued. Fla.Slat§§318.16, Fm. Rnt 4416211, Fla.Stat.4316Aog3(1Xb)1a.; 316MMIS)(r). (1)fd). Ifanother person identified In ofgdaft a now NOV may be bsuad to that Indlvidual and process repeats for the designated ind•Aduat Fla. Stat i316ZMjd)(1)1 Fall to respond. UTC lswed 3160083(1)(c),Ia. If the registered owner taps to respond whMn 60 days, a UfC asha(l be}m+ei' by ertilled mail. The recipienas t of. UTC htouro Ions. Fla. Stat § 326Ao83(2Mc).1a. pay$158 Me ca File an OW.At rahhrga wartable tutorye:encptlon. Same fees/surcharges. i above. App—tritrafficcourt before a traffic Infraction hewing officer erommly Fall to respond, In which ase statutory penalties mun)udge The Florida are imposed. No furtheraction. FTa.Sbt §316.o083(iNd) RulesofTraffic Court apply Fle. Stat §318.18. and a Wotallon must be Fla. Scut 4328.15. ustal thhed beyond a re—noble doubt ifanothar person Identified In aMdavlt a Fla. Stat §318.14; Fla. R. newNOV may he Issued to Tn ECLg o(e). that Indlvidual and piocess repeats for the deslgrun dl Appeals to circuit court indivldual. Fir. Stat 431603g31d91).3 Fla.Slat§§318.16, 31833; 03. R. Tref. Ct. 6630(.).