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Minutes 01-04-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, 3ANUARY 4, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Ron Weiland, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: Call to Order- Mayor Jerry Broening Invocation - Rabbi Max Roth -Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Pro Tem William Sherman Mayor Broening called the meeting to order at 6:35 p.m. Tem Sherman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections No additions, deletions or corrections were made to the agenda. 2. Adoption Commissioner Denahan moved to accept the agenda as presented. seconded the motion that carried unanimously. II. ADMINISTRATIV~E: A. Accept resignation of Aaron Rinker, Board Vice Mayor Tillman moved to accept the resignation of Aaron Rinker. seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Board Following the invocation, Mayor Pro Vice Mayor Tillman Regular member of the Code Compliance Commissioner Weiland Length of Term Expiration Date Mayor Broening T Weiland lIT Sherman Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt I yr term to 4/00 Tabled (3) Stu/NonVoting 1 yr term to 4/00 Tabled (3) Reg 2 yr term to 4/01 MEETZNG MZNUTES REGULAR CZTY COMMISSZON BOYNTON BEACH, FLORIDA 3ANUARY 4,, 2000 ! Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Tabled (3) TT Denahan Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Tabled (3) TT! Sherman Bldg. Board of Adjustment & Appeals Alt I yr term to 4/00 Tabled (3) TV Tillman Bldg. Board of Adjustment & Appeals Alt :L yr term to 4/00 Tabled (3) TT Denahan Code Compliance Board Reg 3 yr term to 9/02 Weiland Community Relations Board Alt I yr term to 4/00 Tabled (3) Denahan Community Relations Board Reg 3 yr term to 4/02 Tabled (3) Sherman Community Relations Board Reg 3 yr term to 4/01 Mayor Broening Planning & Development Board Alt I yr term to 4/00 Mayor Broening, Vice Mayor Tillman and Mayor Pro Tem Sherman requested that their appointments be tabled. Commissioner Weiland moved Robert Mulro¥ to a regular position on the Building Board of Adjustment and Appeals and tabled his remaining appointments. Commissioner Denahan reappointed Bob Zimmerman as a regular member of the Building Board of Adjustment and Appeals, moved Sarah Williams to a regular appointment on the Code Compliance Board and .lov Currier to a regular appointment on the Community Relations Board. Motion Vice Mayor Tillman moved to approve the appointments. Commissioner Weiland seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: "Breakfast In Boynton & Green Market" - Saturday, January 8, 2000 on the Library Lawn Mayor Broening made this announcement. B. Presentations: 1. Proclamations: a. Martin Luther King, Ir. Day - January 17, 2000 Mayor Broening read a Proclamation declaring January 17th as Martin Luther King, Jr. Day. MEETZNG MZNUTES REGULAR CI'TY COMMZSSI'ON BOYNTON BEACH~ FLOR.ZDA .1ANUARY 4, 2000 Presentation of Holiday Parade Awards - Meg Hooper, Special Events Manager At the podi.um, Meg Hooper presented the following Holiday Parade Awards: Most Outstanding Float Best Church Float Best School Youth Decorated Float Best City, Town or Government-sponsored Float - Best Commercial Float Best Marching Unit Best Marching Band Judge's Award Mayor's Award - First Family Best Secret of the Sailfish Millenium Float St. Mark Catholic School Bible Church of God Youth for Christ Congress Middle Math/Science & Technology School Boynton Beach Police Department Patrol Boat American Recycled Plastic 1nc. Atlantic High School Eaglettes Atlantic High School Four Eagle Band St. Mark Catholic School The Gonzalez Family St. Joseph's Episcopal School & Sailfish Realty Incorporated Plaques were presented to the judges in appreciation for their efforts. The judges were Virginia Foot, Eddie Mitchell and Kathy Patterson. Ms. Hooper announced that the "Secret of the Sailfish Millenium Event" is ongoing at this time and will continue until March 31st, The grand prize is $1,000. In addition, Millenium calendars are on sale at the Art Center. IV. CONSENT AGENDA: Commissioner Weiland requested that Item ]:V-C.3 be removed from the Consent Agenda for discussion. Vice Mayor Tillman requested that Item IV-E be removed from the Consent Agenda for discussion. Commissioner Denahan requested that Item IV-C.4 be removed from the Consent Agenda for discussion. A. Minutes: Agenda Preview Conference of December 16, 1999 Regular City Commission Meeting of December 21, 1999 Bids- Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve extension of bid pricing for the "PURCHASE OF TWO (2) NEW AND UNUSED 80 KW MOBILE GENERATOR SETS" in the amount of $62,180 to O-K Generators of Deerfield Beach, Florida MEETING MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 C. Resolutions: Proposed Resolution No. R00-01 Re: Approving an Interlocal Agreement with Palm Beach County for partial grant funding of the Phase 2 Downtown Regional Stormwater Facility Proposed Resolution No. R00-02 Re: Approving the release of the restoration surety in the amount of $11,000 for the Via Lugano project Proposed Resolution No. R00-03 Re: Approve Work Authorization #10 with Camp, Dresser & McKee, Inc. in the amount of $244,070 for the design, permitting and bidding services for Industrial Avenue Corridor Stormwater Improvements At Commissioner Weiland's request, Item IV-C.3 was removed from the Consent Agenda for discussion. Proposed Resolution No. R00-04 Re: Approving Work Authorization #:[1 with Camp, Dresser & McKee, Inc. in the amount of $69,619 for the design, permitting and bidding services for the Costa Bella Subdivision Stormwater Improvements At Commissioner Denahan's request, Item IV-C.4 was removed from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: None Approve additional vehicles (15 total) to the vehicle purchase list in the FY 1999/00 budget (Total cost of replacement vehicles - $701,000) At Vice Mayor Tillman's request, Item ~-E was removed from the Consent Agenda for discussion. Approve funds for Housing Rehabilitation Case #2-99-002, Sally Carole Lewis, residing at 3821 North Dixie Highway, in the amount of $13,283 Authorize piggybacking the Palm Beach County Contract #99056, "ANNUAL TRAFFIC SIGNAL INSTALLA'I'~ON" for the placement of underground conduit on the Gateway Boulevard Improvement Project. The total cost of the project is estimated not the exceed $24,440. Motion Commissioner Denahan moved to approve the Consent Agenda as amended. Commissioner Weiland seconded the motion that carried unanimously. MEETI'NG MI'NUTES REGULAR CI'TY COIVlF,tTSSI'ON BOYNTON BEACH, FLORZDA 3ANUARY 4, 2000 CONSENT AGENDA I'TEMS FOR DTSCUSSTON: TV-C.3. Proposed Resolution No. R00-03 Re: Approve Work Authorization #10 with Camp, Dresser & McKee, Znc. in the amount of $244,070 for the design, permitting and bidding services for Zndustrial Avenue Corridor Stormwater Zmprovements Commissioner Weiland recalled previous discussions with Assistant City Manager Sugerman regarding the fact that the City already has a plan in progress for the Industrial Avenue area and has only $700,000 set aside for that project. Therefore, the City cannot move on the project because we are short on the funding. Commissioner Weiland questioned the reason for expending $244,070 since we already own the property where the retention ponds will be located and have the plans in place to accomplish this task. Dale Sugerman, Assistant City Manager, reported that the Industrial Avenue project plan is a conceptual plan. Over the last year, the City has done survey work to determine the elevations and has done land acquisition to provide an area for the stormwater to run to. The City did not design the physical improvements that would allow us to collect the water, move it off the site and into the drainage retention pond. The item before the Commission is to award a contract to design the construction project. Commissioner Weiland said he has concerns about Items IV-C.3 and C.4. Camp, Dresser and McKee have been used by the City for a variety of projects. He questioned why the City has not bid out these projects. Commissioner Weiland was of the opinion that Camp, Dresser and McKee are confident that they have the jobs and might be submitting higher bids. If there were competition, Camp, Dresser and McKee might bid slightly lower. Commissioner Weiland realized that it is comfortable working with one firm, but recommended investigating the potential of accepting more than one bid. Mr. Sugerman pointed out that it is always possible to bid out any work that the City has. There are three or four firms that do ongoing work with the City on a routine basis. In this case, Camp, Dresser & McKee has done most of the City's stormwater work for more than six years. The City has been working with this firm on another phase of the stormwater work. Mr. Sugerman explained that although it is physically possible to competitively bid this work, it is unknown whether or not we would receive a better price. He pointed out that this process would take additional time and there would be a steep learning curve for any other firm that has not been doing this type of work for the City. Mr. Sugerman said staff likes to keep one particular project with one particular firm. We then move around other projects. Since Camp, Dresser and McKee has been our stormwater engineering firm, we would like to keep the project with them. Vice Mayor Tillman feels that by keeping one firm, the City is creating a monopoly with that firm. The City is getting locked in with one firm and we could be losing money. He feels it is necessary to open this up and offer the opportunity to other firms to bid on the project in order to be earnest in using the taxpayers' dollars. MEE'F~NG MZNUTES REGULAR CI'TY COMMI'SSZON BOYNTON BEACH, FLORZDA 3ANUARY 4, 2000 Commissioner Weiland also pointed out that the City does not have the funds available to move forward with the construction of this project. Therefore, we have ample time to open this up for bid. Commissioner Denahan feels the timing issue is a big element of this process on Industrial Avenue and the Costa Bella Subdivision. She agrees with staff's recommendation to proceed as quickly as possible to resolve the issues. However, Commissioner Denahan is of the opinion that there might be a more economical way to handle this situation. Since the City recently established an Engineering Department, she suggested tabling this issue to allow staff to have more time to bring back other ideas on how to accomplish the same goals. If the Commission would like to try to save engineering design fees through a competitive Request for Proposals, Mr. Sugerman suggested beginning that process immediately. He advised that the City does not have the in-house capability to do this work. With respect to the Industrial Avenue corridor, Mayor Broening asked whether Camp, Dresser and McKee had already done the preliminary work. Mr. Sugerman advised that they have done preliminary work for the City within the scope of other stormwater efforts. The City already paid for those services. Mayor Broening asked if a dollar amount could be associated to this vested work done by Camp, Dresser and McKee. Don Munksgard, Senior Vice President with Camp, Dresser and McKee, said CDM prepared the master plan for the City approximately seven years ago. Modeling work was done with respect to Industrial Avenue. Efficiency would be gained by utilizing the prior work done by CDM's effort. CDM understands the way the City of Boynton Beach does business and the City's biggest gain is associated with the modeling effort. It would be easy to adapt that modeling work. Mr. IVlunksgard was unable to associate a dollar amount to the work already done. However, he pointed out that the master planning probably amounted to a six-figure number. The City has invested significant funds with CDM. Commissioner Denahan asked City Attorney Cherof how the City stands with the master plan, and whether or not it would be appropriate to extend that contract and consider it a continuing contract. Attorney Cherof advised that the consulting agreement from 1991 was specific and there was a timeframe for completing the tasks associated with it. The projects being considered now are new and not extensions of the agreement. Attorney Cherof is of the opinion that these projects should be put out to bid. Commissioner Weiland referred to language in the Work Authorization that stated, "...this Work Authorization shall be performed under the terms and conditions described within the Master Agreement for stormwater projects". He asked if this was part of the Master Agreement. MEETTNG MZNUTES REGULAR CZTY COMMzSSZON BOYNTON BEACH, FLOR/DA 3ANUARY 4f 2000 Attorney Cherof said this was intended to capture the subject matter of the Master Agreement that was stormwater study and planning. However, there is no specific provision of that original agreement that this captures. Attorney Cherof said he does not construe this as an extension and feels it would be better to bid it out relative to the legality of the issue. Vice Mayor Tillman referred to Mr. Munksgard's discussion of the master plan prepared by CDM. He confirmed with Mr. Sugerman that the City has the master plan in its possession and suggested that it be made available to any company that wished to review it in an effort to do business with the City. Vice Mayor Tillman feels it is time for the City to move forward and open this up to bidding. Tn addition, this process should be spread out into other areas to make the City more efficient. Mr. Sugerman advised that we have the master plan and a master plan update. All of that information would be available to any firm that would like to submit a proposal to the City. Motion Vice Mayor Tillman moved that Proposed Resolution R00-03 be set aside. Commissioner Weiland seconded the motion. Mr. Sugerman requested that Agenda Ttems IV-C.3 and C.4 be removed from the agenda and that the City Manager be instructed to have staff develop a Request for Proposals from consulting firms. He is concerned that CDM's offer of $244,070 would be set aside and they would be put in a position where their proposal would remain on the table. Any other engineering firm could then bid $244,069. Vice Mayor Tillman requested that the wording of the motion be changed to read: Vice Mayor Tillman moved to remove Proposed Resolution R00-03 from the agenda. Commissioner Weiland seconded the motion that carried unanimously. TV-C.4. Proposed Resolution No. R00-04 Re: Approving Work Authorization #11 with Camp, Dresser & McKee, ThC. in the amount of $69,619 for the design, permitting and bidding services for the Costa Bella Subdivision Stormwater Tmprovements Motion Commissioner Denahan moved to remove Work Authorization #11 from the agenda. Vice Mayor Tillman seconded the motion that carried unanimously. :Interim City Manager Hawkins advised that staff would prepare the RFP. Approve additional vehicles (15 total) to the vehicle purchase list in the FY 1999/00 budget (Total cost of replacement vehicles - $701,000) MEETZNG MZNUTES REGULAR Cl-rY COMMZSSZON BOYNTON BEACH, FLORZDA 3ANUARY 4, 2000 Vice Mayor Tillman requested an explanation regarding why these vehicles were being requested and where the funding would come from. Mr. Sugerman advised that this was an error in the final budget. When the draft budget was constructed, these vehicles were included. At final publication of the budget, the vehicles were not included. The $701,000 is already in the budget. This item is picking up the error of the 15 vehicles that did not get onto the vehicle list. The budget funds have been there all along. This is not new money. Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion that carried unanimously. VI C~ MANAGER'S REPORT: A. Presentation on Options for the Construction of the Downtown Stormwater Retention Basin (Pond "B'9 Mr. Sugerman reported that the City has gone to bid twice for the construction of Pond "B" and both times, only one bidder showed up. Both times, one bidder was late and the bid was rejected. Two different companies submitted bids in each of the bidding rounds and each time, they bid almost $2 million more than the engineer's estimate for the project. In both cases, the bids were rejected. We have an obligation to build Pond "B" and that construction has a very tight timeframe. We are obligated to take the stormwater from the Ocean Avenue Bridge by the end of June. Mr. Sugerman presented the City Manager with five options as follows: 2. 3. 4. 5. Rebid the project. Award the bid as received. Split the award. Award a design/build contract. Split the award and also award a design/build contract. In response to Commissioner Denahan, Mr. Sugerman advised that the engineer's estimate for the construction of this project was $4.2 million. Commissioner Denahan questioned whether a legal obligation existed for them to build the project for $4.2 million. Attorney Cherof responded negatively and advised that their projections were an estimate of what they thought the bids would come back at. It was an estimate even though it should have been a close estimate. Attorney Cherof stated that on public projects, the bids are coming back higher than the projected amount. MEETZNG MI'NUTES REGULAR CZTY COMM'I'SSZON BOYNTON BEACH, FLORZDA 3ANUARY 4, 2000 Vice Mayor -I~llman was dismayed that the consulting firm provided an estimate of $4.2 million and now is offering to build the project for $4.9 million. Mr. Sugerman explained that the public bidding process identified that the marketplace said $5.9 million two times. Vice Mayor Tillman felt none of the options offered were good. He felt it was necessary to have discussions regarding the $4.2 million and $4.9 million. He would like an explanation of why there is now a $700,000 difference from the estimate. He would also like to know if the firm would be willing to build this with a guarantee and/or bonus to get it done. Mr. Sugerman said the design/build option is an open-book construction project. The construction manager gets all of the subcontractors on a competitive basis and opens the book and shows the City how they got to that subcontractor and how much they are going to spend. The $4.9 million figure is an upside guarantee. The project shall not exceed $4.9 million. They are guaranteeing that the project will be built for $4.9 million or less because they designed it and believe it can be built for that amount of money. However, if they build it with the open book and the prices come in higher than $4.9 million, the construction manager is at risk. ~[t will not exceed $4.9 million. They have requested a 5% contingency. When the project is completed, if it comes in under $4.9 million, the contractor and the City would split the savings. If there were anything left of the contingency at the end of the project, it would be split. This option provides a guaranteed upside limit with a split of the savings if there are savings, and an open book construction. Commissioner Weiland asked if the City paid CDM's Work Authorization for the design, permitting and bidding for the retention pond. Mr. Sugerman responded affirmatively. Commissioner Weiland pointed out that we have one bid from the one and only bidder for $5.9 million and we paid CDM a fee for design bidding and permitting. He questioned why didn't this contractor come forward during the bidding process. Mr. Sugerman explained that this construction firm is associated with CDM and does not bid on CDM designed jobs because they see it as a conflict of interest. This construction firm believes the project can be built for $4.9 million. They would have done a design/build from the beginning, but we did not offer it in that manner from the beginning. In response to Commissioner Weiland, Mr. Sugerman advised that the original engineer's estimate was $3.8 million. Tn a second round, the bid was split into four component parts that were estimated at $4.2 million. Commissioner Denahan said she was ready to follow the recommendation of the Assistant City Manager. At the Commission's request, Mr. Sugerman said he would provide a full packet of information with respect to Option #4 for the Commission at the next meeting. Mr. Hawkins reported that Kids Kingdom would open on Saturday. A more formal reopening ceremony is being planned in connection with .the dedication of the Progress Trail later in January. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 VT. PUBLI'C AUD'rENCE: Shirley 3askiewicz, 1917 SW 13th Avenue, reported that she was out of town during the last Commission meeting and was greeted with a newspaper article upon her return titled, "Ocean Ridge/Boynton Beach Reach Land Deal". This article was very upsetting since there were no public workshops on this issue. Ms..]askiewicz said this is a profound issue for the residents of Boynton Beach. Ms. ]askiewicz provided a brief history of the sale of Boynton Beach oceanfront property to Ocean Ridge in 1931. The City of Boynton Beach kept these two parcels for the future use of its residents. This property was worked on actively by previous Commissions. This property was not for sale. The Town of Ocean Ridge has been pursuing it. We had a deal that was being considered to sell a portion of that property. There were no intentions to give up all of the City's rights to that property. Kevin Scully, Scully's Market, advised that at the last CRA meeting on December 8th, he learned that the Building Department was in the process of planning a truck delivery route behind his convenience store on Ocean Avenue. This was a surprise. At that point in time, Mr, Scully felt the only thing everyone had agreed on was that no trucks could ever get back into the alleyway. Mr. Scully said he went to the Building Department on December 9t~ and dropped off a letter to Ms. Byrne and the City Manager's Office requesting basic information as follows: Share with me your plans including the costs Scully's Market would have to incur; What kind of trucks would have access to this route? Where would the trucks unload? Where would the access to the inside of the building be? What type of security would there be for the unattended trucks? What is the impact on the surrounding buildings and residences? rvls. Byrne read the letter and said a response would be forthcoming soon. Mr, Scully advised that as of this meeting, he has had no response. Scott McCleary, Dive Shop 'r'r, represented a group of businesses in the marina area that attract between $2.5 million and $5 million annually into Boynton Beach. Mr. McCleary is a renter and has no voice in the development or legalities of the redevelopment. He favors development and is hopeful that the new Director of Development can assist with the parking situation. Mr. McCleary advised that there are fences and gates in place now which have eliminated a great deal of the parking. Herb Suss referred to a letter he distributed from the Quail Run Master Association that reported on concerns about traffic in the area and the need for repaving 26th Street. Ron Whittaker, 359 East Tndustrial Avenue, said he has been in business since :L985 in this area and urged the Commissioners to move forward with road and drainage improvements on Industrial Avenue. 10 MEET'ZNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 Tom McGow, 945 McGray Circle, said he understands the reasons for competitive bidding on projects, but questioned why no one realized this was necessary before this went so far. He urged the Commissioners to get a plan and follow it. He complained that his family's safety is threatened every time it rains. 3oan Mormelo, Orqanizer and Assistant Business Acjent for Local 1227, 937 Belvedere Road, West Palm Beach, FL 33405, said the union represents more than 330 City employees in two separate bargaining units that are the backbone of the services to the City. The employees urge the Commission to encourage the negotiating team to negotiate in good faith. The blue-collar workers were offered far less money than any other employees in the City. She accused the City of attempting to dilute the members' rights to due process by restructuring and diluting their grievance and arbitration rights. Ms. lVlormelo said the negotiations have been delayed numerous times and are not moving forward in a timely fashion. The union wants to finalize the contracts and the union is willing to work with everyone. She requested that the Commission instruct the City negotiating team to return to the bargaining table in the spirit of good faith. 3im Mc]:ntyre, Assistant Fire Marshal, feels the City treats the employees like enemies instead of partners. The wage step plan was eliminated and left employees with no career paths. City management has shown its desire to hire from outside the City rather than to promote from within. The City is insisting that the union employees agree to give up their rights to due process under the grievance and arbitration article. He said the union wants to return to the bargaining table to negotiate a fair contract. Maureen Principe, 6477 Terrarosa Circle, has been a Dispatcher for more than 13 years. She was requested to attend a negotiating session in the absence of the representative. When she was introduced to the team, the City Attorney did not welcome her. She was permitted to remain at the negotiations and witnessed the frustration of the union members of the negotiating team. There are only eight experienced Dispatchers at the City. Six people are in training. The City of Boynton Beach Dispatchers are the lowest paid in the County. Many have moved on to other agencies. Ms. Principe said they were offered a salary package that might be accepted, but they want job security and support from the City. She urged the Commission to listen to their needs. Bob Bernay, 122 NW 10th Court, said he is tired of his house being flooded. He said it is illegal to have water coming off City property onto his property. The houses along NW 10th Court flood every time there is a major rainstorm. He requested that this situation be investigated. He also requested that the Police Department address the issue of excessive speeding on Ocean in Palm Beach Leisureville. Tina Smith~ 15 Belaire Drive, is concerned about the fact that the Commission approved a City clinic at the last meeting. She said she has been told that the City is thinking about self- insurance for medical benefits for the employees. She is terrified about this. She is an MS patient; her husband is a cancer patient and her mother-in-law is a heart attack victim. IVls. 11 MEE'I'ZNG MZNUTES REGULAR CTTY COMMTSS'rON BOYNTON BEACH~ FLOR.I:DA 3ANUARY 4~ 2000 Smith vowed to fight to the death not to lose her medical benefits. She urged the Commission to investigate this and negotiate with the employees. Richard Stone, Chief Steward, Local :L227, said the union believes that the City negotiating team has adopted an extremely uncooperative attitude toward negotiations. They are not bargaining in good faith because their offers are completely unacceptable. There have been only five negotiating sessions. Tn addition, the general employees were offered a 4% increase on their anniversary dates, but the blue-collar workers were offered only 2%. The general employees were given a longevity bonus, but that offer has not been made to the blue-collar workers. The union feels the City negotiating team wants to make the union look bad and they want to discourage membership. Debbie Lytle, 30-year resident of Boynton and employee, said the City opened the door for change when they chose to eliminate the Civil Service Board. By eliminating the board, it crippled the employees' avenue for due process and fair and equal treatment. The City should accept the responsibility of the change and work to improve employee relations. She urged the Commission to send staff to the table to give the union employees the benefits they give to non-union employees. Ed Tedtmann, 869 NW 8th Avenue, recommended that the City contract out the rewriting of the zoning ordinances because of the tremendous amount of time this job would take to accomplish. Clare 3ohnson, TntraCoastal 3et Ski Rentals, feels it is unfair for the City to threaten to take away Occupational Licenses of people who have been doing business in Boynton Beach. Mr..lohnson said he sat in Chambers when the City demanded that the marina developer construct parking that would be shared. Mr..lohnson said there are now fences and gates in the area and there is no place for the customers to park. Mr. ~lohnson said the businesses do not need Boynton Beach; however, Boynton Beach needs the businesses. Willie Adams, 220 NW 10th Avenue, asked what the Commissioners are willing to do to show their appreciation to City employees for making this a world-class City. Mr. Adams said the employees work to make the Commissioners look good. Chuck Magazine, Risk Manager, said there has never been any discussion nor was there any plan to take away health benefits from the employees. Mr. Magazine raised the issue of investigating health insurance because of cost. He did a survey and the union was provided with a copy of that survey. Self-insurance relates to the funding of the health insurance program. ]:nstead of paying a premium to an insurance company and allowing them to make money off our money, there is a possibility to take that money set it aside and pay the claims directly. The union was advised that any plan we would go after would have to be, at minimum, what we already have and we hope we could do better. All employees of the City are on the same plan. Why would anyone want to ruin that? Mr. Hawkins thanked Mr. Magazine for his remarks and added that management is not trying to take away any benefits. The City clinic is an additional benefit to the employees. This may help the employees save some money by not having to go to their own doctors. The City clinic 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 has nothing to do with taking away benefits. This is an efficiency benefit to help the City save money. He reminded everyone present that negotiations go both ways. One side does not get everything it wants. The City is attempting to negotiate in good faith and to give the employees the benefits they deserve. However, he cautioned that it is not possible to give everything that is requested. Attorney Cherof reminded the Commissioners that the place to resolve contracts is at the bargaining table, not in Commission Chambers. The City has six unions. During the summer, negotiations with all of them were ongoing. This union was offered the opportunity to bargain at night in addition to dates during the day because there was not enough time for staff to get all of the negotiations done during the day. The union rejected that opportunity. The City has reached agreement with the white-collar bargaining unit on all principal points of the contract dealing with wages and benefits. The City has not offered or insisted on any reduction in wages or benefits. No proposal was made that would reduce insurance benefits. There are points that are operational in nature that deal with grievances, seniority and management rights that are unresolved. The union declared impasse during the last negotiating session and walked away from the table. Attorney Cherof was happy to hear some remarks tonight that they are willing to return to the table. He is also confident that the blue-collar negotiations will speed up when the negotiations with the white-collar union are concluded. With respect to Dispatchers, Attorney Cherof advised that there has been a tremendous problem with attracting and retaining them in every municipality in Palm Beach County. Early on in the negotiations, the City offered to pay the Dispatchers additional money during the negotiations with "no strings attached". The union rejected that offer. The Commission will meet in a closed-door session with the negotiating team on Monday evening to discuss some of these issues. Commissioner Weiland said he listened to the Union representative state that they were offered a far less wage than anyone else. However, in a letter he received today, the Union representative stated that "although the City offered white-collar a good wage package, to get it you have to sell your rights away." Mayor Broening said there is so much misinformation and lack of information that it was beneficial to hear some of the comments that were made this evening. VI'T. PUBLI'C HEARING: Project Name: Agent/Owner: Location: Description: The Learning Depot- Pre-School Scott and Kathy Freeland SW 3rd Street at Woolbright Road Request conditional use approval to construct a 4,632 square foot day care center on 0.52 acres Attorney Cherof advised that this would be a quasi-judicial proceeding, and he administered the oath to ail that would testify this evening. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORZDA .1ANUARY 4, 2000 Scott Freeland, general contractor, introduced his wife Katherine Freeland, a teacher, and stated that this project is a lifelong dream of theirs. The project is an asset to the neighborhood and City and Mr. Freeland said he had received 100% support from the neighbors and from staff. Mr. Freeland said he has complied with all regulations relative to the building and parking. He thanked the Planning & Zoning Division for all of their assistance. Mayor Broening advised that he was in possession of the minutes of the Planning & Development Board meeting when the applicant requested that the conditional use approval be tabled until the next Planning & Development Board meeting. That request was voted on and passed unanimously by the board. Mr. Freeland said all proper documents were submitted and they were presented with a situation where they were told they would be rejected if they did not table. Therefore, their request was voluntary "under duress". Lee Wische, Chairman of the Planning & Development Board, 1302 SW 18th Street, advised that the board could not tell the Commission to table the request. They must ask the applicant to do that. The applicant made the request to table and the board voted on it. To Mr. Wische's surprise, he received a telephone call from Lusia Galav stating that this request was going directly to the Commission. The board needed a site plan displayed on the overhead that the members could read. The board makes its decision based on a site plan they can see. Mr. Wische refused to hear criticism of the Planning & Development Board for doing its job. The board was not privy to a blown-up site plan. Maurice Rosenstock, One Villa Lane, has been a member of the Planning & Development Board for approximately 15 years. He said he could not recollect a time when a developer appeared before the board with a plan that was impossible to read. He blamed staff for not providing a blown-up site plan. During the Planning & Development Board meeting, Mr. Rosenstock said he could not vote for the petition, although it looked firm and solid and should be approved, without knowing the details. He suggested that the applicant withdraw his petition and wait until the next meeting when staff could be prepared with the necessary information. Mr. Rosenstock said this has happened on more than one occasion. Tn this case, if there had been an emergency, the Planning & Development Board could have held an emergency meeting. The Planning & Development Board should not be bypassed. Mayor Broening questioned whether or not an emergency existed or if this was a time-sensitive issue where the project might be jeopardized or increased significantly in cost. The applicant advised that in order to be successful in the pre-school business, the school must be open in August. It is necessary to go through the permitting process and building process. At this point, the applicant is trying to decide whether or not to move forward with this project this year. MEETING MINUTES REGULAR C~rY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 Mayor Broening advised that this Commission does not like to move forward on a development without the advice of the Planning & Development Board even though the Commission does not always follow the recommendations of the board. Mayor Broening advised that if a hardship did not exist, he would prefer that this application go through its regular process. Commissioner Weiland questioned whether this application could be fast-tracked for permitting to speed up the process if it were tabled this evening. Mr. Hawkins advised that staff could entertain that request if the applicant provides all necessary information in a timely manner. Mayor Broening felt fast tracking would be indicated in this case. Mr. Rosenstock pointed out that they agreed to all of the conditions of approval. The only stumbling block was the fact that the board could not view exactly what they were going to do. That could be done next Tuesday. Motion Vice Mayor Tillman moved to table this project, The Learning Depot, in order that they may complete the process and procedure with the Planning & Development Board. The applicant advised that when they were present before the Planning & Development Board, the site plan was depicted on the board. The issue could have been addressed and all problems would have been worked out. Mayor Broening advised that the Commission wants to see this fast-tracked. Therefore, once the procedural matters are handled, City staff will be directed to accelerate permitting. Mr. Wische said the Planning & Development Board would like to get this done as soon as possible. The board will meet next week. All of the members were in favor of the project but did not know what they were voting on. Mr. Wische asked the attorney if it would be possible for the Commission to vote on the project subject to the approval of the Planning & Development Board. Attorney Cherof said it would be unusual, but the applicant would have their approval tonight subject to something odd happening before the Planning & Development Board. This item would then come back to the Commission at the next meeting if the Planning & Development Board had additional conditions or issues of concern. Vice Mayor Tillman felt this procedure would set a precedent. He recommended following the usual process. Mayor Broening announced that the motion was to proceed to the procedure with a fast track. He called for a second. Mayor Pro Tem Sherman advised that he had an issue with this project during the Agenda Preview Conference. He questioned why this project appeared on the City Commission agenda. HEEI-~NG IqTNUTES REGULAR CITY COIqHTSSTON BOYNTON BEACH, FLORZDA 3ANUARY 4, 20O0 The applicant requested that the item be tabled and it should not have been placed on the Commission agenda. THE MO'i']:ON DTED FOR LACK OF A SECOND. Motion Vice Mayor Tillman moved that Project A be tabled and be sent back to the Planning & Development Board so that the procedure can be completed so that this applicant can have a complete application when it comes back again before the Commission. Mayor Pro Tem Sherman felt this motion would produce a longer delay for the applicant. He stated he liked the previous recommendation that it be approved subject to the Planning & Development Board and the City Attorney felt that was okay. Mayor Broening said the motion was stated and called for a second to the motion. Commissioner Denahan seconded the motion that carried unanimously. As the applicant was leaving the Chambers, a question Commissioner Denahan requested that the motion be restated. the motion as follows: arose regarding the motion. The Deputy City Clerk restated "Vice Mayor Tillman moved that Project A be tabled and be sent back to the Planning & Development Board so that the procedure can be completed so that this applicant can have a complete application when it comes back again before the Commission." Commissioners Weiland and Denahan stated that that particular motion had failed and Mayor Pro Tem Sherman made another motion. City Attorney Cherof and Mr. Hawkins disagreed. Attorney Cherof advised that Mayor Pro Tem Sherman made a suggestion while a motion was on the floor. Commissioner Denahan seconded Vice Mayor Tillman's motion. Attorney Cherof advised the Commissioners that anyone who voted in favor of the motion could make a motion to reconsider. Motion Commissioner Denahan moved to reconsider. Commissioner Weiland seconded the motion. Mayor Pro Tem Sherman repeated his comments that the applicant had done all of the necessary work and is willing to do whatever else is asked. He suggested that the Commission approve the project subject to the Planning & Development Board having a special meeting arranged mutually convenient to be presented with what they are requesting in order to put final approval to this project including fast-tracking permitting as well. 16 MEETTNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORZDA 3ANUARY 4, 2000 Attorney Cherof advised that the motion on the floor was to reconsider the previous motion. The effect of the previous motion was that the matter would be heard by the Planning & Development Board next week and would come back to the Commission at its next meeting. The motion to reconsider is to reconsider that action. Commissioner Denahan withdrew her second since that was not her understanding of the motion when she seconded it. Attorney Cherof explained that there was a motion on the table to reconsider. :If the motion were passed, the effect would be the elimination of the first motion. Motion Mayor Pro Tem Sherman moved to reconsider Vice Mayor Tillman's motion to send it back to Planning & Development and with staff involvement get it straightened away before it comes back to the Commission. Mr. Rosenstock said the question that was asked was whether or not the Commission could approve the project tonight pending the approval of the Planning & Development Board at its next meeting. Attorney Cherof said it was somewhat unusual, but not illegal. Mr. Rosenstock recommended that a motion be made to approve the agenda item pending approval of the Planning & Development Board next week. Attorney Cherof disagreed. He explained that if nothing had happened, that motion would have been acceptable. However, Vice Mayor Tillman made a motion and it passed. The Commission cannot do anything until that motion is reconsidered. Attorney Cherof requested that any one ofithe Commissioners make a motion to reconsider the item. Commissioner Weiland advised that Commissioner Denahan made such a motion and he seconded the motion. Mayor Broening called for a vote. The vote was 4-1. (Vice Mayor Tillman dissented.) Motion IVlayor Pro Tem Sherman moved that the Commission approve this project this evening pending the Planning & Development Board's final approval and fast tracking with the permitting process by City staff. Commissioner Weiland seconded the motion. ViCe Mayor Tillman pointed out that no other agency could act after the Commission. In this case, the Planning & Development Board would be acting after the Commission. Vice Mayor Tillman is not opposed to helping the applicant, but this is not a legal and proper procedure. This item should not be on the Commission agenda and it should be sent back and properly handled. Mayor Broening agreed with some of the remarks but said he would rely on the City Attorney's opinion and requested that he restate that opinion. l? MEETI'NG MZNUTES REGULAR CI'TY COMMTSSI'ON BOYNTON BEACH~ FLOR/DA 3ANUARY 4, 2000 Attorney Cherof advised that the Commission could approve it tonight on the condition that the Planning & Development Board has no additional issues when they review it next week. Commissioner Denahan is very proud to see this project within the City because of the need for daycare centers. The applicant was already delayed because of a scrivener's error. She was pleased to be able to expedite this project. Commissioner Denahan requested the addition of the following phrase to the motion: "subject to all staff comments". The motion carried 4-1. (Vice Mayor Tillman dissented.) Project Name: KENMONT (TA~Z~O TO .IANUAI~ Y .~8~) Agent: Diane Hileman, Esquire Owner: Mr. Oris W. Walker Location: 707 NW 3rd Street Description: Request for abandonment of that alley segment that abuts 707 NW 3rd Street VIII. BIDS: None ZX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 099-36 Re: Vacant property consisting of 5.89 acres of land (Lowe's Home Center); amending Ordinance 89-38 of said City by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Industrial to Local Retail Commercial Attorney Cherof read Proposed Ordinance No. 099-36 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. ]8 MEETING MINUTES REGULAR CZTY COMMISSION BOYNTON BEACH, FLOP~DA 3ANUARY 4, 2000 Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous, Proposed Ordinance No. O99-37 Re: Regarding the application of Richard Basehart of Basehart Consulting, Inc., Agent for Woolbright Partners, Inc., (a 5.89 acre parcel at the southwest corner of 1-95 and Woolbright Road, approximately 390 feet south of Woolbright Road) amending Ordinance 91-70 by rezoning a certain tract of land from Planned Industrial Development District (PID) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. 099-37 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Denahan moved to approve. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 099-38 Re: Amending Chapter 2 Zoning, Land Development Regulation Section 6 (E)(1); providing that all applications for conditional uses located within the Central Business District and the Community Redevelopment Area shall be considered and reviewed by the Planning and Development Board; providing that each and every other section of Chapter 2 not specifically amended shall remain in full force and effect Attorney Cherof read Proposed Ordinance No. 099-38 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - Ist Reading Proposed Ordinance No. O00-01 Re: Adopting amendments to the Comprehensive Plan based on new changes in the Growth Management Law, Chapter 163, Florida Statutes, to revise and update the existing 19 MEETZNG MTNUTES REGULAR CITY COMMZSSTON BOYNTON BEACH, FLORZDA .1ANUARY 4, 2000 objectives, policies, data and analysis of the Tntergovernmental Coordination Element and the Future Land Use Element Attorney Cherof read Proposed Ordinance No. O00-0! by title only. Motion Commissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R00-05 Re: Establishing a fee of $200 per hour for each hour of delay from the scheduled arrival time of the funeral if the delay is greater than one hour Attorney Cherof read Proposed Resolution No. R00-05 by title only. Motion Commissioner Denahan moved to approve. Vice Mayor Tillman seconded the motion that carried unanimously. D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #98-2166 (2015 S. Federal Highway) from $8,350 plus $634.12 in administrative costs to $634.12 (TABLED TO .MNUAR Y 4ru) Scott Blasie, Code Compliance Administrator, advised that the board voted to reduce the fine to the administrative costs because the City's letter may not have gotten to where it should have gone. Motion Commissioner Denahan moved to approve. Vice Mayor 'l~llman seconded the motion that carried unanimously. Reduce the fine in Case #96-5939 (2280 NW 2nd Street) from $24,325 plus $730.15 in administrative costs, to $2,000 SCott Blasie, Code Compliance Administrator, reported that in this case, this is one of two liens that were issued two years apart by two different inspectors. The applicant owned the properly and he got into trouble. He deeded the property back to the bank and they did not record the 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 deed because they determined the City had liens on the property. The applicant believed that the bank owned the property. Motion Commissioner Denahan moved to approve. Vice Mayor Tillman seconded the motion that carried unanimously. Reduce the fine in Case #98-:L960 (2280 NW 2nd Street) from $11,400 plus $634.12 in administrative costs, to $1,000 Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion that carried unanimously. Reduce the fine in Case #98-2776 (134 SE 3rd Avenue) from $8,900 plus $730.15 in administrative costs, to $500 Motion COmmissioner Denahan moved to approve. Vice Mayor Tillman seconded the motion that carried unanimously. 2. Discussion on relocation and amortization of non-conforming billboards Attorney Cherof advised that in the audience there were members of the public and rePresentatives of a property in the City that is under development that wanted an opportunity to speak on this issue. Five years ago, the Commission adopted a sign ordinance with an amortization period that runs this month. Nonconforming signs in the City are supposed to be removed. Billboards are nonconforming signs. There is no provision under the current ordinance to extend the amortization period. There is a provision in the Code that provides that on undeveloped sites, when they are developed, one of the conditions of approval is the remova of the billboard. The site in question was annexed into the City and there were other canditions imposed when it was approved by the County for development. The discussion is whether or not the Commission wants to entertain the relocation of a limited nUmber of billboards to the T-95 corridor as a means of accommodating the development of the u6developed tracks and the relocation of existing nonconforming billboards to sites that might be more suitable and compatible from an aesthetic point of view. There is an adequate number of sites owned by the City along T-95 on both the east and west side that would accommodate, under DOT guidelines, some billboards. Attorney Cherof advised that staff needs direction because it would be necessary to: Amend the Sign Code 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ANUARY 4, 2000 · Negotiate with the sign companies that are affected by this particular development. Vice Mayor Tillman feels it is necessary to go ahead and make the necessary amendments. Staff could gain benefits for the City through negotiations. A full package of information should be provided at the next meeting. Attorney Cherof said staff could return an Ordinance to the Commission for first reading at the next meeting. Second and final reading would be at the first meeting in February. Tn the same timeframe, staff could meet with the representatives of the property and the billboard company and talk about specific sites and specific terms for relocation. They can present that information to the Commission. Tn response to Commissioner Denahan, Attorney Cherof advised that there are three billboards in the vicinity of the site that is under development that are impacted. There are other locations along T-95 to accommodate additional billboard signs if the City ended up in the same situation that we have with this property. When Commissioner Denahan asked how many nonconforming signs exist in the City other than billboards, Mr. Blasie said that issue is being reviewed. However, research turned up very few nonconforming signs because of the way the ordinance is written. Mr. Blasie will be reviewing this information with Attorney Cherof in approximately one week. There is a clause in the ordinance regarding 20%. That clause brought many of the signs into conformance. Commissioner Denahan confirmed that nonconforming signs were supposed to be in conformance before New Year's Day. Attorney Cherof advised that the City Attorney's Office and Code Compliance will be bringing forward prosecutions of signs before the Code Compliance Board that are not in conformance. At some point, Attorney Cherof will ask the Commission for permission to go to court to obtain injunctions. Hotion Vice Mayor Tillman moved to move forward with staff's aid in putting together a plan to aid in the relocation and development of an ordinance necessary for the use of those billboards and negotiations for the benefit of the City. Commissioner Denahan seconded the motion that carried unanimously. XII. UNFINISHED BUSINESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TT! Core Grant Program (TABLED TO.IANUARY18~N) XiII. OTHER: None 22 MEETZNG MI'NUTES REGULAR CZ'fY COMMI'SSI'ON BOYNTON BEACH~ FLORZDA 3ANUARY 4~ 2000 X~:V. AD.1OURNMENT: There being no further bUsiness to come before the City Commission, the meeting properly adjourned at 9:07p.m. ATTEST City~lerk /6_ ep~ty City Clerk ~ree Z~pes) C~'I'Y OF BOYNTON BEACH Mayor Pro Tem Commissioner Com missioner ~'~ 23 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lowe's Home Center APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting Inc. APPLICANT'S ADDRESS: 333 Southern Blvd. DATE OF HEARING BEFORE CITY COMMISSION: January 18, 2000 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Southwest corner of 1-95 and Woolbright Road DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. __ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". -The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other E City Clerk ~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\LOWE'S HOME CENTER\COUS\Develop Order CC 1-18-00.doc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: LOWE'S HOME CENTER File number: COUS 99-005 Reference: 3rd Review, Conditional Use, File # COUS 99-005 with a November 4, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: X 1. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. [,DR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. Conflicts are still apparent. 2. Provide a copy of the Environmental Resources Management permit for X construction within a water supply well field. FIRE Comments: 3. Fire lanes must be marked in front of doors. X 1. LDR 6-16 access roads and hydrants will be installed prior to above grade X I construction. NFPA 1. I POLICE Comments: None X ENGINEERING DIVISION Comments: 5. At the egress end of all terminal islands, where appropriate, show stop X bars and stop signs to establish traffic control. [LDR Chapter 23, Article I, Section 1.B.] 6. The construction of the improvements specified in the traffic study and X any additional requirements required by Palm Beach County Engineers shall be completed prior tO issuance of any temporary certificate of occupancy. Page 2 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS I INCLUDE I P mCT 7. No more than two driveways shall be permitted from any property. Omit X one driveway or obtain variance approval for same. BUILDING DIVISION Comments: 8. Please note that at time of permit review, the applicant shall provide X detailed documentation on the plans that will verify the accessible routes are in compliance with the regulations that are specified in the Florida Accessibility Code for Building Construction. 9. Identify, within the footprint of the building that is shown on the drawings titled Building Floor Plan and Garden Center Floor Plan, the f'mish floor elevation X that the design professional has established for the building. 10. Add detailed and dimensioned elevation view drawings of the building X signage to the submittal. The total area that is indicated on the plans for each Lowe's sign is not correct. The sign area shall include the area of the background color. See the definition of sign area in the definition section of the Land Development Regulations (Chapter 1). Amend the aggregate sign area and provide computations that verify all wall signage complies with the Sign Code. Drawings of the signage shall comply with the applicable regulations specified in Article IV, Section 2 of the Sign Code (Chapter 21 of the Land Development Regulations). 11. Amend the location of the west setback dimension to a position that X identifies the distance (dimension) from the west property line to the closest leading edge of the proposed building. Where there are covered walkways, awnings, canopies and/or other roofed areas, they shall be considered as the leading edge of the building. 12. At time of permit submittal, provide an executed City unity of title fOrm. X The form shall describe all lots or parcels as one lot. The processing of the form will require the applicant to provide a copy of the recorded deed(s) with legal descriptions that show each property under the same ownership. The recorded deed(s) with legal descriptions shall be attached t6 the executed City unity of title form. As stated on the form, the City will record the unity of title. 13. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 14. At time of permit review, provide documentation on the plans that X verify the proposed use of the facility, type of construction and occupancy classification comply with the specifications identified in the 1997 edition of the Standard Building Code including the City of Boynton Beach amendments to the Standard Building Code. The permit working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. Add, to the description of the building that is identified within the floor plan Page 3 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS INCLUDE REJECT drawings, text indicating that the building has a fire sprinkler system. 15. The permit fee, water and sewer facility fees, Fire and Life Safety fees, X County fees and State fees for the subject project will be determined at time of permit review 16. Permits are required to construct the improvements that are shown on X the approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST Comments: 17. Sheet L-2: Some of the existing Live Oak and Sabal Palm trees should X be evaluated for relocation to the extreme northwest corner of the property in a cluster. This area is indicated as a greenspace on the landscape plan. 18. Sheet C2 of 13: Retention Pond: X a) 50% of the pond perimeter must be planted with native littoral and upland platings. b) 10 sq. ft. for the littoral plantings, & 10 sq. ft. for the upland plantings, for the entire 50% of the pond perimeter. (The trees in cOmment #1 above could be relocated to the pond perimeter for upland plantings credit.) c) A cross section of the plantings should be provided with the plant quantities. d) The grade of the pond bank must be suitable for the plantings. An irrigation-system must be provided for the plantings. A Management Plan document must be provided for proper plantings maintenance. 19. Sheet C 1 of 13: Existing trees in median-Corporate Drive. X a) The existing trees to be removed in the median must be replaced by the applicant. 20. Sheet C1 of 13: Utility Easement and Buffer Strip. X a) There should be a plan to remove all of the exotic vegetation within the buffer and replace this vegetation to provide a visual screening of the site. PLANNING AND ZONING I I Page 4 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS INCLUDE REJECT Comments: 21. Sign and seal all drawings prior to building permit submittal X 22. On the site plan, provide the following information: Ch.4, Sec.7, Par. B X - Maximum building height in C-3 is 45'. Reduce the height of the entry feature or request and receive height exception approval. Ch.2, Sec.6, Par. C.3 - A note stating that all rooftop equipment will be screened from view out to 600 feet from all site elevations in accordance to Ch.9, Sec. 11, Par. E. 23. Provide confirmation of traffic concurrency from Palm Beach County. X 24. Site signage (not including building signs) is limited to one 20' high, X freestanding sign, with a maximum 64 square foot of sign face. Staff recommends that the site sign (lettering) be placed on the existing wall sign, or receive a variance for multiple signs and place site sign behind wall sign, design sfgn compatible (material, shape and color) with the wall sign, and sign should not exceed 12 feet in height. Proposed pole sign shall be eliminated or approved through variance (see ZNCV 99- 014 and ZNCV 99-015). Existing wall sign counts toward total site sign tabulation. Any sign in excess of 64 square feet must be revised to comply, or approved through the necessary variance approval. 25. Obtain approval to reclassify and rezone that portion of the subject site X currently classified Industrial and zoned PID to Local Retail Commercial and C-3. Also modify the existing master plan accordingly. 26. A rectified plan, a site plan revised to meet all conditions of approval, X must be submitted and signed off prior to filing for building permits. 27, Provide calculation for site sign area, including calculation of maximum X area allowed based on frontage, to show compliance with Chapter 21. 28. Provide full dimension of access isles to confirm compliance with X minimum 100 foot stacking distance requirement between entrance and parking stalls. 29. Project color (building) shall be of compatible tone to adjacent Boynton X Commerce Center (BM 1137). If grey tone is used, tone should be of the pastel category (light grey). Provide color samples and manufacturer's codes. 30. Truck traffic shall be separated from vehicular traffic along the (shared X drive) west side of building "A" of the PID. On the site plan, designate (including signs and arrows) and label the proposed truck route that is to be located along the eastside of building "A". Or Page 5 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS INCLUDE REJECT Redesign truck route to place on property, in place of parking spaces and request variance if necessary for reduction in parking spaces. 31. Landscape plan shows trees to be located in the parking lot area. Show X tree base dimension on the site plan. 32. Correct the site plan site data to reflect the appropriate existing and X proposed zoning designations as well as land use designations for both parcels. 33. The minimum front setback for the C-3 zoning district is 25'. Correct X the setback information in the site plan site data to reflect the correct dimensions. 34. Provide agreement for cross-access with adjoining property owner. X 35. Handicapped and regular parking stall detail shows 16' spaces. These X spaces are not shown on the site plan only 18' spaces are shown. Remove the 16' parking stall detail. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 36. Revise comment number 10 to read as follows: Add detailed and X dimensioned elevation view drawings of the building signage t6 the ............................... a.~ for zazh Lowe's o,e, .............. The s n area shall not include the area of the background color. See the definition of sign area in the definition section of the Land Development Regulations (Chapter 1). Amend the aggregate sign area and provide computations that verify all wall signage complies with the Sign Code. Drawings of the signage shall comply with the applicable regulations specified in Article IV, Section 2 of the Sign Code (Chapter 21 of the Land Development Regulations). 37. Revised site signage to be reviewed by Planning and Development X Board. ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~PLANNING\SHARED\WPXPROJECTSX,LOWE'S HOME CENTER\COUS\COND1TIONS OF APPROVAL CC I-18-00.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Learning Depot APPLICANT'S AGENT: Scott and Catherine Freeland APPLICANT'S ADDRESS: The northwest corner of Woolbright Road and SW 3rd Street DATE OF HEARING BEFORE CITY COMMISSION: January 4, 2000 TYPE OF RELIEF SOUGHT: Conditional Use/Site Plan Approval LOCATION OF PROPERTY:The northwest corner of Woolbright Road and SW 3rd Street DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /~~~ '-- ~ City Clerk ~ -'~ --';~0~ EXHIBIT "C" Conditions of Approval Project name: LEARNING DEPOT PRE-SCHOOL File number: COUS 99-007 Reference: Conditional Use. File # COUS 99-007 with a November 23, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project within 30 days of site plan approval. This fee will be $790.02for a 1-inch meter. 2. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may not, therefore, be used for irrigation where other sources are readily available. Please change the plans accordingly. 3. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 4. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. 5. A building permit for this project shall not be issued until this office X has approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) Please provide two corrected copies of the engineering plan, with details, directly to the Utilities Dept. for review. 6. Provide drainage calculations showing the amount of rainfall to be X retained on-site, at time of building permit submittal. FIRE Comments: None X POLICE Page 2 Learning Depot Pre-School File No.: COUS 99-007 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 7. Provide a cross section of the stormwater retention area and the open X play area. 8. The site will require an excavation/fill permit X 9. The site will generate substantial traffic through the residential X community in addition to all the existing traffic to Forest Park Elementary School. We recommend that the neighborhood's position be weighed heavily regarding the approval or disapproval of the request. BUILDING DIVISION Comments: 10. At time of permit review, provide detailed drawings and documentation X on the plans that will verify the accessible route from the accessible parking spaces to the accessible building entrance is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material, surface finish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. 11. Considering that detail drawings of the building signage were not X provided and the location of the signage was not shown on the elevation view drawings of the building, place the following note on the site plan and each drawing depicting the elevations of the building: "Building signage is not approved for this project. Separate site plan review and approval is required for building signage." 12. At time of permit review, move the location of the proposed buffer wall X that is located along the north property line outside of the utility easement. Structures shall not encroach into an easement. 13. At time of permit review, submit signed and sealed working drawings of X the proposed construction 14. At time of permit submittal, provide an executed City unity of title form. X The form shall combine all lots or parcels within the subject site as one lot. The processing of the form shall follow the unity of title procedures. Page 3 Learning Depot Pre-School File No.: COUS 99-007 DEPARTMENTS INCLUDE REJECT 15. At time of permit review, attach a current survey of the subject property X to both sets of permit documents. 16. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire Department fees, County fees and State fees will be determined at time of permit review. 17. Permits are required to construct the improvements that are shown on X the approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 18. Label front, rear and side yard setbacks'(Ch. 4, Sec. 7, B.2.) X 19. Increase drive aisle width to 27 feet. Plans must be shown to scale. X (City Drwg. B-90013) 20. Include exterior color on the elevation drawings. (Ch.4, Sec. 7, X 21. On the north side of the vehicular use area adjacent to the X landscape strip indicate elevation of walkway with transition from the street. (Ch. 23, Art. II E.) 22. Provide a note on the landscape plan indicating the method of irrigation X to be used. (Ch. 4, Sec. 7, C. 3.) 23. Add type of sod and mulch to be used to the plant list. Cypress mulch is X not permitted. (Ch.4, Sec. 7, C. 1.) 24. Indicate the site triangles at the vehicular accesswayS. (Ch. 7.5, Sec. 5. X H. 1) Page 4 Learning Depot Pre-School File No.: COUS 99-007 DEPARTMENTS INCLUDE REJECT 25. The building design shall be compatible with the surrounding built X environment. Indicate the colors to be used on the elevation drawings. (Ch. 9, Sec. 11, A. & B.) 26. Recommend that a hedge be placed on the outside of the required buffer X wall along the east elevation and mulch in between .north wall and adjacent fences. 27. All plans must be signed and sealed prior to submittal for building X permit. 28. Orient the landscape plan the same direction as the site plan. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 29. No additional comments at the January 11, 2000 meeting. X ADDITIONAL CITY COMMISSION COMMENTS 30. Approved the site plan and conditional use contingent upon review by X the Planning and Development Board at the January 11, 2000 meeting. Planning and Development board cannot impose additional conditions for the project. J:~SHRDATA~PLANNING\SHARED\WP~PROJECTS\THE LEARlqlNG DEPO'I~ LEARNING DEPOT - COUS\CONDITIOlqS OF APPROVAL CC I-4-00.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: EAR-Based Comprehensive Plan Amendments APPLICANT: The City of Boynton Beach DATE OF HEARING BEFORE CITY COMMISSION: January 4, 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment - School Siting and Intergovernmental Coordination LOCATION OF PROPERTY: DRAWING(S): None THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appe!aring on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the reliefisought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other (-/ City Clerk J:\SHRDATA\Planning\SHARED\WP\SPECPROJXEAR\Develop Order CC 1-4-00.doc EXHIBIT "A" FUTURE LAND USE ELEMENT Objective 1.19 ~-:m' 2uric ., ~ 1990, The City shah evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are compiled with. Policy 1.19.8 The City. shall continue to medi~' adopt and enforce and enforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category, Future, public ~..~'~-fl v.~"i'~'~ ~'~.~.~.~ ....... w,,..,-~'~;' schools shall be a perrnited use in the Low Density Residential, Moderate Densi _ty Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations, in a reasenable ccmp!ying wifl:Designated sites shall comply with state law and the following locational and design criteria; Policy 1.19.8.a At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary. Schools: A minimum of four (4) acres for the first two hundred (200) students plus one (1) acre for each additional one hundred (100) students. b) Middle Schools/Junior High Schools · A minimum of six (6) acres for the first three hundred (300) students plus one (1) acre for each additional fifty, (50) students up to one hundred (100) students. c) Senior High Schools: A minimum of seven (7) acres for the first three, hundred (300) students plus one (1) acre for each additional fifty_ (50) students up to one thousand (1,000). students, plus one (1) acre for each additional one hundred students thereafter. d~ Area Vocational-Technical School: A minimum of twenty (20) acres for the first five hundred (500) students plus one (1) acre for each additional fifty. (50) students up to one thousand (1,000) students. e) Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Policy 1.19.8.b Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads and appropriate bus stops are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity_ is available. Policy 1.18.8.c Public facilities should be in close proximity and operating at the adopted level of service, before a development order can be issued for a new school. i Policv 1.19.8.d i The City shall request that the School Board submit for review information on renovations, additions, and proposed expansions to property owned bv the School Board to assure the availability of public facilities and land use consistency, as the proposal. relates to future planned improvements. Policv 1.19.8.e Planners for the School Board, County and the City. shall be included in both the development of the school location criteria and the school siting process. Policy 1.19.8.f Development of school location criteria should be initiated and the locatiOn of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the new schools. Policy 1.19.8.g The City. and the School Board planners should consider makin~ schools and their location the focal point for new developments-. Policy 1.19.8.h The City shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. POlicy 1.19.8.i. During pre-development program planning and site selection activities, the City, as service provider, will corrdinate with the Palm Beach County Public libraries, parks, and other facilities with public schools, where compatible, and the potential exists to create logical focal points tbr community activities. Early review and coordination will be modified as necessary to timely consider these potentials. In conjunction with co-locational facilities, efforts shall be made to provide access for bicyclists, pedestrians and transit riders from collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-site mnenities to be serviced by mass transit or community shuttle services. Intergovernmental Coordination Element Objective 8.7 Through IPARC the Palm Beach County Intergovernmental Coordination Program, the City shall coordinate efforts with the Town of Ocean Ridge, as well as other adjacent coastal communities, that enables the exchange of ideas and plans, and provides the arena for resolution of conflicts that concern two or more municipalities. Issues to be addressed should include land use, water and sewer service, water quality, hurricane preparedness, beach access, etc. Policy 8.7.2 The City shall, continue to provide/coordinate utility service to the Town of Ocean Ridge via the on-going agreement with regard to water and sewer hook-up. Policy 8.7.3 The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provisions of water and sewer service with adjacent municipalities and unincorporated area. Policy 8.7.4 The City shall consider utilizing the Palm Beach Countywide Planning Council's or the Regional Planning Council's Informal Mediation Process if future coordination between the two municipalities does not resolve pertinent issues that are within the scope of the two entities. Objective 8.10 The City. of Boynton Beach shall coordinate with the Palm Beach Beach County. Intergovernmental Coordination Program (IPARC) in notifying adjacent municipalities of proposed land use amendments, rezonings, and annexations that may affect adjoining municipalities. Policy 8.10.4 The City shall continue coordinating with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Policy 8.10.5 The City shall continue to promote annexation of land where service delivery systems in the Utility Service Area (Reserve Annexation Area) will be consistent with the boundaries of the corporate limits. Policy 8.10.6 The City shall pursue interlocal agreements with local governmental municipalities that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" (JPA's) pursuant to Chapter 163.3171, F.S. Policy 8.10.7 The City shall encourage joint planning agreements that include, but are not limited to, the following: · Cooperative planning and review of land development activities within areas covered by the agreement; · Specification of service delivery; · Funding and cost-sharing issues within JPA's; and · Enforcement/implementation Policy 8.10.8 To discourage urban sprawl, the City shall continue its present annexation policy of allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring that the proper infrastructure is in place or concurrent with development. Objective 8.11 gy499tx-The City shah participate in intergovernmental coordination processes with the Treasure Coast Regional Planning Council and all other local governments in a voluntary dispute resolutoin process for the purpose of facilitating intergovernmental coordination. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, effective October 1, 1993, and shall include results and any written determination from the IPARC Process as data and analysis to DCA with proposed and adopted Comprehensive Policy 8.11.1 Policy 8.11.2 Policy 8.11.33 Policy 8.11.$4 The City shall participate in the Palm Beach County IPARC Process and shall coordinate with the Treasure Coast Regional Planning Council and all other local government.s in a voluntary dispute resolution process for the purpose of facilitating intergovernmental coordination. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, effective October 1, 1993, and shall include results and any written determination from the IPARC Process as data and analysis to DCA with proposed and adopted Comprehensive Plan amendments ~Through IPARC, the City shall notivy adjacent local governments and the County of land use conflicts generated by adjacent! land uses. In addition, it should be determined whether the comprehensive plans of the two entities address the conflicts. Where the interjurisdictional conflict has caused a public nuisance, the property owners directly involved in, and adjacent to, the cOnflict will be notified that the conflict is being addressed by both entities. The citY shall use the o~,..~ r,.....,.., r~ ...... ~ IPARC as the entity, by~ na,~~ a .... ~ a ~*~* .... /o~ ,,,~,~ ~,h ............ .~ ~tO mitigate land use conflicts that directly a~ct posible Comprehensive PI~ mendments. The mitigation strategies co~d co~ist of jointly adopted ~mre l~d use plan for the bordering land uses, or at a mi~um, ~d if appropriate, ~e buffering of the Ncompatible uses,~ In~ ~e ~ter~, the Ci~ sh~l oppose requests for ch~ges in land use in uninco~orated Pa~ Beach Coun~ that ~e h ~e CiW's Reserve A~exation Area and not consistent wi~ the adopt~ Boynton Beach or Pa~ Beach CounW Comprehensive PI~. The City shall p~ticipate in the effo~s of Palm. Beach County and the Treasure Coast Planning Council to monitor ~d coordinate a~.exation plans of the CounW's municipalities. _ · S:ca~,orcP, Dlannina\RevComDPlan 122199 [ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: EAR-Based Comprehensive Plan Amendments APPLICANT: The City of Boynton Beach DATE OF HEARING BEFORE CITY COMMISSION: January 4, 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment - School Siting and Intergovernmental Coordination LOCATION OF PROPERTY: DRAWING(S): None THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development !requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other d City Clerk - J:\SHRDATA\Planning\SHARED\WP\SPECPROJ\EAR\Develop Order CC 1-4-00.doc Policy 8.11.1 The City shall participate in the Palm Beach County IPARC Process and shall coordinate with the Treasure Coast Regional Planning Council and all other local governments, in a voluntary. dispute resolution process for the purpose of facilitating intergovernmental coordination. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, effective October 1, 1993. and shall include results and any written determination from the IPARC Process as data and analysis to DCA with proposed and adopted Comprehensive Plan amendments. Policy 8.11.2 ]?6MO¢4w, Through IPARC, the City shall notivy adjacent local governments and the County of land use conflicts generated by adjacent land uses. In addition, it should be determined whether the comprehensive plans of the two entities address the conflicts. Policy 8.11.g3 Where the interjurisdictional conflict has caused a public nuisance, the property owners directly involved in, and adjacent to, the conflict will be notified that the conflict is being addressed by both entities. Policy 8.11.~_ The City shall use the Regional Planning Council IPARC as the en . ~-., ........ gover=nent~ ¢mfiti~-to mitigate land use conflicts that directly affect P0sible Comprehensive Plan amendments. The mitigation strategies could consist of jointly adopted future land use plan for the bordering land uses, or at a minimum, and if appropriate, the buffering of the incompatible uses,_. Inin the interim, the City shall oppose requests for changes in land use in unincorporated Palm Beach County that are in the City's Reserve Annexation Area and not consistent with the adopted Boynton Beach or Palm Beach County Comprehensive Plan. The City shall participate in the efforts of Palm Beach County_ and the Treasure Coast Planning Council to monitor and coordinate annexation plans of the County's municipalities. $:ca\ord\Dlannino\ RevComoPlan 12219~ to. corporate limits, prior to annexation of any parcels into the City, Policy 8.10.5 The City shall continue to promote annexation of land where service delivery systems in the Utility Service Area (Reserve Annexation Area) will be consistent with the boundaries of the corporate limits. Policy 8.10.6 The City shall pursue interlocal agreements with local governmental municipalities that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" (JPA's) pursuant to Chapter 163.3171, F.S. Policy 8.10.7 The City. shall encourage joint planning agreements that include, but are not limited to. the following; · Cooperative planning and review of land development activities within area.q covered by the agreement; · Specification of service delivery; · Funding and cost-sharing issues within JPA's: and · Enforcement/implementatiorl Policy 8.10.8 To discourage urban sprawl, the City shall continue its presem annexation policy of allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring that the proper infrastructure is in place or concurrent with development. Objective 8.11 n~r ~ (m~, The City shah narticinate in intereovernmental coordination proCesses with the Treasure Coast Regional Planning Council and all other local governments in a voluntary dispute resolutoin process for the purpose of facilitating intergovernmental coordination. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal A~reemen_t- effective October 1. 1993. and shall include results and any written determination from the IPARC Process as data and analysis to DCA with proposed and adopted Comprehensive Plan amendments. with public schools, where compatible, and the potential exists to create logical focal points for community activities. Early review and coordination will be modified as necessary to timely consider these potentials. In conjunction with co-locational facilities, efforts shall be made to provide access for bicyclists, pedestrians and transit riders from collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-site amenities to be serviced by mass transit or community shuttle services. Intergovernmental Coordination Element Objective 8.7 Through IPARC the Palm Beach County Intergovernmental Coordination Program. the City shall coordinate effort.q with the Town of Ocean Ridge, as well as other adjacent coastal communities, that enables the exchange of ideas and plans, and provides the arena for resolution of conflicts that concern two or more municipalities. Issues to be addressed should include land use, water and sewer service, water quality, hurricane preparedness, beach access, etc. Policy 8.7.2 The City shall, continue to provide/coordina~;e utility service to the Town of Ocean Ridge via the on-going agreement with regard to water and sewer hook-up. Policy 8.7.3 The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provisions of water and sewer service with adjacent municipalities and unincorporated area. Policy 8.7.4 The City shall consider utilizing the Palm Beach Countywide Planning Council's or the Regional Planning Council's Informal Mediation Process if future coordination between the two municipalities does not resolve pertinent issues that are within the scope of the two entities. Objective 8.10 The City of Boynton Beach shall coordinate with the Palm Beach Beach County Intergovernmental Coordination Program (IPARC~ in notifying adjacent municipalities of proposed land use amendments, rezonings, and annexations that may affect adjoining municipalities. Policy 8.10.4 The City shall continue coordinating with Palm Beach County. regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to. or in the proximity. e) Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain ~ minimum of forty (40) acres for the first five hundred (500) students plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Policy 1.19.8.b Policy 1.18.8.c Policy 1.19.8.d Policy 1.19.8.e Policy 1.19.8.f Policv 1.19.8.~ Policy 1.19.8.h Policy 1.19.8.i, Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads and appropriate bus stops are to be in place to serve the proposed use. Furthermore. the School Board shall obtain a written agreement from the service provider assuring adequate capacity available. Public facilities should be in close proximi .ty and operating at the adopted level of service, before a developmem order can be issued for a new school, The Ci_ty shall request that the School Board submit for review information on renovations, additions, and proposed expan.qon.q to property_ owned by the School Board to assure the availability of public facilities and land use consistency, as the proposal relates to future planned improvements. Planners for the School Board. County. and the City_ shall be included in both the development of the school location criteria and the school siting process. Development of school location criteria should be initiated alld the location of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the new schools, The City. and the School Board planners should consider making schools and their location the focal point for new development~.. The City_ shall advise the School Board of all Plan amendments that may affect the location of new schools and propos~ improvements, During pre-development program planning and site selection activities, the City. as service provider, will corrdinate with the Palm Beach County Public libraries, parks, and other facilities EXHIBIT "A'_ ' FUTURE LAND USE ELEMENT Objective 1.19 ~-Jn" ~T..... !, !990, The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are compiled with. Policy 1.19.8 The Ci_ty shall continue to modify adopt and enforce and enforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category, Future public_~-~ ~.~v ~'~.~...~ ...... w~.-~k~;~ schools shall be a _t>ermited use in the Low Densi _ty Residential, Moderate Densi _ty Residential. High Density Residential. Office/Commercial, Mixed Use. and Publi~and Private Governmental/Institutional land use designations. Ln a reasonable ..................................................... an~ site~ cem?!y!ng w!thDesignated sites shall comply with state law and thc, following locational and design criteria; Policy 1.19.8.a At a minimum, the threshold acreage for new schools shall be as follows: Elementary_ Schools: A minimum of four (4) acres for the first two hundred (200~ students plus one (1) acre for each additional one hundred (100) students. b) Middle Schools/Junior High Schools; A minimum of six (6) acres for the first three hundred (300) students plus one (D acre for each additional fifty (50) students up to one hundred (100~ students, c) Senior High Schools: A minimum of seven (7) acres for the first thrcc, hundred (300) students plus one (1) acre for each additional fifty_ (50~ student..~ up to one thousand (1.000k students, plus one (D acre for each additional one, hundred students thereafter. d) Area Vocational-Technical School: A minimum of twenty (20) acres for the first five hundred (500'~ smcl~nts plus one (1) acre for each additional fifty_ (50) students up to one thousand (1.000) students.