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Minutes 04-16-19MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 16, 2019, AT 6:30 P.M. Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Tyrone Penserga, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 6:30 p.m. Invocations Lori LaVerriere, City Manager James Cherof, City Attorney Judith Pyle, City Clerk Pastor Chuck Brannon, Gateway Community Church gave the invocation. Pledge of Allegiance Vice Mayor Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. All members were present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Romelus requested to add her Community Support Funds distribution as New Business 11-D, heard before the Consent Agenda. Mayor Grant requested to move item 8-D before Public Hearing. Mayor Grant stated after reviewing Florida Statute 163.3180, the City could have all future impact fees become a part of the mobility fee. He requested to add a proclamation for Telecommunicators Week. Mayor Grant requested to add an item to Future Agenda, Comprehensive Plan review on Seacrest Boulevard for live/work space and single-family homes. He requested to add a discussion to increase the expense accounts for the Commission on a Future Agenda. An additional consideration for Future Agenda item, he would like to have notifications for the top three items for the Planning and Development, as well as the City Commission meeting. Lori LaVerriere, City Manager, responded the last increase to the expense accounts for the City Commission was in 2010. Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz disclosed he spoke with Bradley Miller of Miller Land Planning, Bonnie Miskel and John Markey of JKM regarding the Town Square. Commissioner McCray disclosed he also spoke to Bradley Miller and Bonnie Miskel. He attended the First United Methodist Church on April 7, 2019. He thanked Chief Gregory for making the citizens in Boynton Beach feel comfortable in their area. He also thanked the Chief for sending the text messages about the shooting in the area. He thanked Code Compliance for cleaning out the lot and the men and women in Blue. He mentioned, in reference to Community Standards and Martin Luther King Boulevard, the citizens see a clean area. Keep doing what they are doing. Commissioner Romelus met with Bradley Miller of Miller Land Planning, and spoke with Bonnie Miskel. Palm Beach County lost a historical figure, Maud Ford Lee; she was the first Black Palm Beach County Commissioner. She was a phenomenal woman and she asked for a moment of silence. Commissioner Penserga met with Bradley Miller of Miller Land Planning to discuss Harbor Cay. He met with Bonnie Miskel and John Markey to discuss Town Square. On April 4th. Mayor Grant attended the annual Citizen Observer Patrol luncheon and a Realtor event for Eden Ridge. On April 5th, he attended the 106th birthday of Leah Dietch. On April 6th, Mayor Grant went to Congress Middle School for the Community Beautification of their Courtyard. He attended the Youth Symposium for Sigma Gama Rho at the Carolyn Sims Center. He attended the Earth Day event, put on by Rebecca Harvey. This was an amazing event and Community Greening gave away over 100 trees. He attended the Firefighters' Fishing Tournament and was the judge for the Chili Cook -off. Later that afternoon, he attended the LINKS Golf Course and helped give out raffle prizes for the Play for Pink Annual Golf Tournament. On April 7th, he attended a walk-a-thon with Shri Swaminarayan Mandir (BAPS). Attended the WWII Luncheon at the American Legion. He attended the KeroWACKED festival in the Boynton Beach Art District. On 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 April11th, Mayor Grant attended the Tourist Development Council meeting and had lunch with Troy McLellan, President and CEO of the Greater Boca Raton Chamber of Commerce. He attended the Children Schoolhouse Museum's event "Too Cool for School" at Benevento Restaurant. On April 12th, he attended the Brain Bowl and was able to hear from the speaker, Marilu Henner, who said to DRESS every day, which is the acronym for Diet, Relationships, Exercise, Stress and Sleep. He attended the CRA's Rock the Plaza at Ocean Plaza. He participated in the Gold Coast Band's last concert. Mayor Grant would like to have the water tower light show. On April 15th., he attended the ribbon cutting for the Immersion Recovery Center. He spoke with the Leisureville COP program. On April 16th, he attended a County Commission meeting and they are changing their impact fees. He was in Leisureville for their quarterly award ceremony. He met with Bradley Miller of Miller Land Planning and spoke with Bonnie Miskel and John Markey. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Proclaim Wednesday, April 26, 2019 as Arbor Day". Marc Saavedra, Associate Engineer, Engineering Division, Public Works will be accepting the Proclamation. Mayor Grant proclaimed Wednesday, April 26th as Arbor Day. Marc Saavedra, Associate Engineer, provided an update on activities for Arbor Day. On February 8th, the City collaborated with Club Scout Pack 241, planting trees at the newly completed playground at Ocean Front Park. The City collaborated with Community Greening to give out more than100 trees to residents. This year marks the 36th consecutive year the City has received the designation as Tree City. Andrew Mack, Director of Public Works introduced the newly hired Landscape Architect, Mathew Doyle. Mayor Grant asked if the City could put up more signs indicating Boynton Beach is a Tree City. Mr. Doyle indicated yes. Commissioner McCray asked for a little background information. Matthew Doyle, Project Manager/Landscape Architect, came from Ed Stones office, and he was able to design resorts all over the world. He owned his own business and he was an engineer. Mayor Grant wanted the City to look into the Shade Tree Ordinance. 3 Meeting Minutes City Commission Meeting ; Boynton Beach, Florida April 16, 2019 B. Proclaim May 2, 2019 as National Day of Prayer. Fire Chaplain, Pastor Chuck Brannon of The Gateway Community Church will be present to accept the proclamation. Mayor Grant proclaimed May 2nd as National Day of Prayer. Pastor Chuck Brannon, Gateway Community Church, provided a history of the National Day of Prayer. Every President of the United States and government officials have signed the National Day of Prayer Proclamation. The theme this year was "Love one Another". The meeting was at the Boynton Beach Mall for people of all faith to gather on May 2, 2019. Pastor Brannon declared things happen when we pray. C. Proclaim May 5 through May 11, 2019 as Municipal Clerks Week. Judith A. Pyle, City Clerk of Boynton Beach will accept the proclamation. Mayor Grant proclaimed May 5 -11, 2019 as Municipal Clerks Week. Judith A. Pyle, City Clerk, thanked the Commission for their continued support. The City Clerk's office works with every department; they are the silent workers that keep the City going. Clerk Pyle stated they are the Unsung Heroes of the City. Mayor Grant stated that because of City Clerk's records, a resident was able to find out about their genealogy. D. Proclaim April 14-20, 2019 as National Tele -communicators Week accept the proclamation. Mario Bryant, Communication Manager, thanked the Commission for the proclamation. He noted he had a great team. Mayor Grant congratulated Mr. Bryant and his team and thanked him for all the service his team provides. E. Announcement by South Tech Academy, about the upcoming Boynton Beach Short Film Festival, April 30 - May 5, 2019 at Alco's Boynton Beach Cinema. Mayor Grant announced the upcoming Boynton Beach Short Film Festival, April 30th - May 5th, 2019. Tickets are available online. Mayor Grant pointed out this was a Boynton Beach Short Film festival. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need rd Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 to be adjusted depending on the level of business coming before the City Commission) Dr. Stephanie Hayden-Ademyo 2181 W. Woodbright, Apt. N 102, stated there has been a rash of shooting which has led to homicides. No one came out to support the City. If someone passes away because of gun violence, there should be a voice of comfort, not just Commissioners sitting on the dais with stoic faces. She pointed out the Commission's job was not just to show up at events. The Commission should be there for support to the City. She provided a quote from Thomas Paine. Vice Mayor Katz pointed out the Commission does speaks with families of victims of gun violence. These are extremely public issues. When Commissioners visit families, they do not try to politicize the situation. The Commission does not use the death of an individual in the community to make them the prominent face in that event. This Commission reaches out to families and provides condolences during those sad times. Susan Oyer, 140 E.27th Way, welcomed Matthew Doyle. She indicated she has been begging for more trees for years and was glad to have a Landscape Architect. She commented it was sad to see the damage in Notre Dame Cathedral and was glad to see funds were donated for its restoration. She thanked Mayor Grant for pushing the various tree ideas she has been championing over the years. Sloan Weingold, 7141 High Ridge Road, noted this was the second time speaking before the Commission regarding the boat ramp. The boat ramp was the most atrocious ramp in Palm Beach County. The signs for the drop-off are incorrect. He was unable to get his boat and needed to ask for help because of incorrect signage. He indicated he came to the Commission and provided an update on the boat ramp, the floating dock and the pier. The pier been repaired and they put boards on the floating dock, but nothing else. The City has been collecting money from annual fees and other fees, but was not maintaining the ramp. Mr. Weingold indicated the Commission has the One -Cent Penny Tax to repair the boat ramp. The City installed Kayak ramps for $75,000, but the Kayak ramp not used. Mr. Weingold wanted to know what the plans for the boat ramp were. Vice Mayor Katz responded the boat ramp was in the Capital Improvement Plan and the Penny Sales Tax was a 10 -year tax. There was an annual list of items addressed with the tax. Ms. LaVerriere responded engineering studies funded in this year's budget needed to occurfirst to get the plans and then construct. The ramp would be addressed the following year. Commissioner Romelus asked if this ramp was at Harvey Oyer Park. Ms. LaVerriere responded it was. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mr. Weingold stated there was an engineer looking at the boat ramp. He requested the Commission visit and look at the ramp. The drop-off was not in the correct place. The Engineer expressed it would cost $600,000 to repair the ramp. Commissioner McCray asked the City Manager to provide the Commission with how money has been collected for the boat ramp and how much was in the account. larea Hester 2083 NW 2nd Street, requested speed bumps for her community. She indicated children play in this area and she has called the police several times. The Officers told her to come to this meeting. The street was NW 2nd Street and Gateway behind 1-95. She has lived there for 35 years. The dirt bikes travel about 90 mph. She asked a woman to slow down and the woman exposed herself. Mayor Grant asked if the road was a dead-end and learned it was not. Commissioner McCray suggested she speak with Andrew Mack, Director of Public Works & Engineering, as well as the Chief of Police. Dr. Pitor Blass, 113 Tarra Lakes Drive West, commented there have been many victims of gun violence in the City- of Boynton Beach. He suggested that portions of Boynton Beach should be no gun zones except for Police Officers. The City of Boynton Beach was dependent on the Ocean, and the City should be the best. He had the opportunity to meet the President of Brightline and spoke about having a train stop in Boynton Beach. Dr. Blass announced he was running for US Congress. No one else coming forward, Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Recreation and Parks Senior Advisory Board Mayor Grant announced openings on each Board. L Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Motion Commissioner Romelus nominated Judi Lyman to the Senior Advisory Board (Reg). Commissioner McCray seconded the motion. Vice Mayor Katz offered his support for Ms. Lyman. She worked the Firefighter Fishing Tournament and Chili Cook -off. Vice Mayor Katz wanted to applaud her and tell her he respected her efforts to become more involved with the City. Vote The motion unanimously passed. Mayor Grant noted at the "Too Cool for School Bash" he spoke with Curtis Weaver, a longtime resident of Boynton Beach. Mr. Weaver was saying people were happy to volunteer with the City in the past. He indicated there are some openings on the Advisory Boards and some student positions as well. If additional information was needed, interested parties should contact the City Clerk's office. 11-D. Community Support Funds for Commissioner Romelus. (Heard out of order) Motion Commissioner McCray moved to approved. Commissioner Penserga seconded the motion. Ancy Louis announced the month of May was being designated as Haitian Heritage Month. Arlene Ustin, Delray Beach, asserted this idea began when canvassing voters in Delray. There are more Haitian people per capita in Boynton Beach than any other City in Palm Beach County. She announced the Mayor of Palm Beach, Mack Bernard will be present and Commissioner Romelus will make the closing. There will be many vendors including, Legal Aid, ACLU, and the Florida Immigration Coalition. There will be dances and demonstrations as well as Art of Haitian Culture. They would like to have a Boynton Beach presence at the festival. Linda Charles, 218 Birch Street, indicated the event was scheduled for Saturday, May 4th at Delray Beach City Hall, from 1:00 pm to 4:00 pm. Ms. Ustin explained this festival was for everyone. It was intergenerational. Mayor Grant spoke with Mayor Shelly and Scott Singer indicated this event could be coordinated for the different cities. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commissioner Romelus asked if the City logo could be used being one of the sponsors. Commissioner McCray inquired if this was legal to allow the logo to be used for this event. Attorney Cherof responded it legal with the consent of the Commission. Commissioner Romelus thanked and welcomed the Sister City to the South. Commissioner Romelus indicated May 18 as Haitian Flag Day. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner McCray pulled item C. Mayor Grant pulled item A. A. PROPOSED RESOLUTION NO. R19-044 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Mayor Grant noted there are property control numbers but not street addresses. He requested for future nuisance abatements, information submitted to Commission include the property address as well as the mailing address. Motion Mayor Grant moved to approve, and add the property address to the nuisance abatement properties. Commissioner McCray seconded the. motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R19-045 - Authorize City Manager to sign lease utilizing the State of Florida Contract 44102100-17-1 for mail processing equipment with Pitney Bowes for a sixty (60) month lease for mail processing equipment, meter, 15" color touch screen, 101b. integrated scale, laser printer, wireless keyboard, color graphic printing, SendProSeries, weighing platform, 0 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 delivery, installation and training in the amount of $38,341 to be paid in monthly lease payments of $639. C. Award the bid for "SARA SIMS PARK FENCING" Bid # 009-2412-19/IT to McConnie Fence of Tampa, FL as the lowest, most responsive, responsible bidder who met all specifications for an estimated expenditure of $90,788.00 plus a contingency of $9,000 for unforeseen conditions for a total estimated expenditure of $99,788.00. Commissioner McCray asked if this was the fence around the cemetery and learned it was. He thanked staff for the information and announced Sara Sims Park was going to be pristine. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed Mayor Grant indicated the City was trying to do to provide local contractors with job opportunities with Sara Sims Park. He spoke with the City Manager's Office to include local contractor's credits in the RFQ to yield results that are more subjective for local subcontractors. Mayor Grant indicated this was the first multi-million dollar project, which the City tried to piece out to local vendors. Based upon comments from City staff, local contractors were not receiving the contracts and costs have increased. Commissioner Romelus asked if there were any solutions or if the Commission could come up with solutions. Mayor Grant suggested this item be placed on a Future Agenda requiring equitable practices for contractors. Commissioner Romelus would like to have a conversation about Building Wealth in the Community. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 16, 2019 - "Request for Extensions and/or Piggybacks." E. Accept the written report to the Commission for purchases over $10,000 for the month of March 2019. �9 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 F. Approve the minutes from City Commission meeting held on April 2nd, 2019. Motion Commissioner Penserga moved to approve the Consent Agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-046 - Approve the recommendation by the Evaluation Committee and authorize the City Manager to sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP # 021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3 with an estimated cost of $54,015.00. The Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City with two (2) one-year renewals. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Commissioner Romelus asked if this was the first phase of the project for the. installation of the Vehicle Exhaust Extraction Systems for the City Fire Stations. Tim Howard, Assistant City Manager, responded this was the first Fire Station to have the Vehicles Exhaust Extraction System (VEES) installed. Mr. Howard informed the Commission this this was being paid for by a Federal Emergency Management. Association (FEMA) grant. Mr. Howard pointed out that the Fire Station in Town Square will have the VEES installed. Commissioner Romelus asked for clarification for the public. Glen Joseph, Fire Chief, explained Fire Trucks park insideof the Fire Station. Hazardous vehicle exhaust emissions in a Fire Station are one of a firefighter's most significant cancer health risks. It is essential to create healthy and safe working conditions by reducing these risks. Commissioner Penserga asked if the Fire Station had sensors inside the bays, which tell the quality of the air. Chief Joseph responded they did not. They use a passive ventilation system and most stations built within the last 10 years use a fan in the roof to remove contaminates. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commissioner McCray asked if Station 3 had the most problems. Chief Joseph responded it did. Because of the age of Fire Station 3, the City was able to receive a grant for the installation of the VEES. Commissioner McCray asked about the cost of the grant. Chief Joseph referenced the agenda item. Vote The motion unanimously passed B. Approve utilizing the Polk County bid for utilities construction services (BVP #14-156) with Killebrew Inc. of Lakeland, FL for underground utility work on NE 1st Street at an estimated cost of $152,808.49 and a contingency of $15,000 for unforeseen issues that arise during construction for a total estimated amount of 167,808.49. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. C. Approve utilizing the State of Florida Contract # 25172500 -19 -ACS (Alternate Source Contract) with Easy Pay tires for the purchase of Good Year Tires for the City's fleet vehicles on an "As Needed" basis with an estimated annual expenditure of $320,000. The State of Florida Alternate Source Contract procurement process satisfies the City's competitive bid requirements. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked if the City was disposing of the tires legally. Mr. Howard indicated they were. Vote The motion unanimously passed 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 D. Approve an increase to estimated annual expenditure to the following three (3) companies: Ferguson Enterprises, Fortiline Inc.and Core & Main from $85,000 to $190,000 per City Bid # 040-1412-18/MFD, "Annual Supply of Brass Fittings and Accessories". Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Commissioner McCray requested clarification of the amounts spent and the reasons why. Mr. Howard responded in previous years the City spend about $82,000 - $86,000 in brass fittings over the course of a year. Currently, the City has completed two projects in Utilities, the acquisition of Perry Village and Tropical Breeze. Mr. Howard indicated those two projects used $59,000 in brass fittings. The City needs to increase the expenditure for the remainder of the year. Vote The motion unanimously passed. E. Authorize the use of five (5) approved vendors: Barney's Pumps, Inc.; Custom Pump & Controls, Inc. / KSB; Hudson Pump & Equipment; PSI Technologies, Inc. and Xylem Water Solutions USA, Inc.for an estimated annual expenditure of $250,000 for wastewater pump replacements on an "as needed basis" for 160 wastewater lift stations that are within the Utility service area. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Item being heard 8-D D. Approve text amendments to the Comprehensive Plan, including: PROPOSED ORDINANCE NO. 19-012 - FIRST READING - Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and Attorney Cherof read Proposed Ordinance No. 19-012 by title only on first reading. He read Proposed Ordinance No. 19-013 by title only on first reading. Attorney Cherof administered an oath to all those intending to testify. Hanna Matras, Senior Planner, stated the proposed Comprehensive Plan amendment agreement between the School District, County and municipalities replaces the 2001 version. The City of Boynton Beach was following the County plan, which was already approved. They are deleting Public School Facilities (PSF), moving school planning policies from the PSF element, to the Intergovernmental Coordination Element. Staff revised language in the Future Land Use and Capital Improvement Element for consistency. The first set of amendments is "housecleaning". Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called the role. Vote all PROPOSED ORDINANCE NO. 19-013 - FIRST READING - The Transportation Element, creating framework for potential future establishment of a mobility fee. City -initiated. Ms. Matras explained this Ordinance focused on roadway capacity through adopted levels of service. Currently, the City was subject to Palm Beach County concurrency. Ms. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Matras indicated the proposed amendments would add thirteen new policies to the Comprehensive Plan's Transportation Element, creating a framework for potential implementation of a Mobility Fee. Doing this could generate revenue that could ultimately allow the City to start funding the full range of needed multi -modal transportation improvements in the, City. Florida Statutes encourage local governments to repeal transportation concurrency and adopt an alternative mobility -based funding system that allows developers to pay a fee as mitigation for their transportation impacts. The future Mobility Fee could replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. Ms. Matras stated there are statutory requirements that state the mobility fee revenue expended to implement the needs determined by the plan that serves as the basis for the imposition of the fee. In order for the City to adopt this Ordinance, the level of service for roadways be maintained. Ms. Matras pointed out the Mobility Fee has yet to be established. The City must develop a complete streets mobility plan. This plan would determine the type, location and the scope of the improvements. . Mayor Grant commented he was excited about the mobility fee as it was something he wanted to implement since his first term because of the amount of money the City has paid into the County road impact fees. Along with the passing of the Mobility Fee, he directed staff to provide how much money was paid into the road impact fees to the County since 2003. Mayor Grant asked how much money the County spent in zone six and within the City of Boynton Beach limits. Mayor Grant stated the information he received in 2014 was over $20M was collected but only $5M spent in the City. Most of the money was allocated to the western portion of Boynton Beach. Lake Worth and unincorporated Palm Beach County. Mayor Grant said he wanted to request a motion to approve this as it would help get funding for Complete Streets, trolley systems and future services that would alleviate traffic in the City. Motion Mayor Grant moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the role. Vote 5-0 A. Proposed Ordinance No. 19-014 — First Reading — Approve Harbor Cay Town Homes Future Land Use Map form Special High Density Residential (Shdr) to Mixed Use Low (MXL) for a 1.43 parcel, located at 605 Lakeside Harbor, Applicant Untied Developers Group, LLC. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Attorney Cherof read Proposed Ordinance No. 19-014 and Proposed Ordinance No. 19- 015 by title only on first reading. Attorney Cherof stated the first Ordinance was legislative in nature. The second Ordinance was quasi-judicial. He assumed the applicant did not have any objection with combining the two Ordinances. Mr. Miller had no objections. Attorney Cherof administered an oath to all those intending to testify. Bradley Miller, Miller Land Planning, indicated his presentation combined Ordinance No. 19-014 and 19-015. The parcel was located on North Federal Highway and this parcel has sat vacant for 15 years. The proposed development plan follows the Community Redevelopment Plan (CRA) adopted in 2017. The subject parcel was 1.43 - acres just north of Gateway Boulevard. Surrounding the lot to the south was Las Palma Park, which is a single-family community, which also extends to the east. The Lakeside Harbor Drive or Lakeside Harbor road extends through the middle of the property and provides access to 10 single-family lots that are to the east of the property. The road was a private road and it is the responsibility of the homeowners along that roadway, including his client to maintain it. There is a utility easement, which benefits the City of Boynton Beach. Mr. Miller said his client was requesting a Land Use and Zoning change. In 2006, the property changed from a commercial designation to a Special High -Density Residential land use designation with an Infill Planned Unit Development (IPUD) zoning. That designation allowed for up to 20 units per acre. The previous project approved 23 units. Due to the recession, there were some plan extensions, but the site plan expired in 2008. The zoning was still High Density Residential and IPUD. The request was to reclassify the property to the Mixed Use Low (MXL) Future Land Use category. Mr. Miller provided photos of the property looking down Lakeside Harbor. There was a single-family home on the northern part of the property. At the property line boundary was an existing gate, controlled by the 10 property owners. Part of the development would be to reconstruct the portion of the road within the applicant's property and replace the gate. The CRA Redevelopment Plan identified the property as Mixed Use Low (MXL), which the applicant agreed with. While the proposed project could accommodate under the (existing) Special High Density Future Land Use, the requested Mixed Use Low category is consistent with the Plan's recommendation for the subject site. Both categories feature the same density cap of 20 du/ac. The site plan was superimposed onto a map, which showed 18 three-story townhome units. On the north side, there are two buildings, which consists of four units each, and a pool inside. The maximum allowed on the property was 28 units. The prior approval from 2006 was 23 units, and the proposed applicationwas for 18 units, which was 64% of the maximum development allowed. The site plan showed eight units on the north side and 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 10 units on the south side. Each of the units are three stories and three bedrooms, with two -car garages. In addition to the two parking spaces per unit, there are 15 guest spaces. The applicant provided a traffic study that showed the maximum amount of parking required should be 43 spaces. The applicant has 51 spaces. He pointed out other communities have 2.8 parking spaces per unit. There will be a fence or a wall around the three sides of the property. Federal Highway on the western side would not have a fence or a wall. A condition of approval required a 6 -foot wall/fence along the eastside of the property line. There will a retaining wall/ picket fence that would run along the North and south property lines. As stated before, the gate will remain where it is. The Community has a common pool. There will be some improvement to the park area. There was a small cabana and bathroom facility. The seven units along the east side have the option of having private pools as those units set back from the property line by 25 feet. Mr. Miller indicated south of Lakeside Harbor property was a vacant lot, which allowed for a single-family home, and there was an existing single-family home on the applicant's property. The unit to the peak was 38 feet high. The midpoint of the roofline measures 35 -feet. The maximum allowed was 45 feet, which was 10 feet below the maximum. There was a small variation between the single-family home maximum height of 30 -feet and the roofline of the townhome of 35 -feet. At the Planning and Development Board meeting, the major concern was drainage, but he indicated there are regulations, that control the drainage. There was an outfall location confirmed with the Department of Transportation (DOT). In addition, there was a catch basin and an exfiltration system that handled the drainage for the applicant's property. Lakeside Harbor has no drainage system in the roadway and all the water flows towards the Intracoastal. Mr. Miller said the applicant met with the neighbors and had a good discussion. There was a railroad tie, which would stop the water, as part of the community has offered to help participate in trying to improve the roadways. They offered to participate in a drainage system as long as everyone was involved and it was a coordinated effort. The project was capable of handling 1.4 acre's worth of drainage with the development's drainage system. Mayor Grant asked how much water could be held on the property and how much water can be held on the property during a 25 year, three-day event. Mr. Miller responded the system would accommodate 12 inches of rainfall over a three-day period. Mr. Miller provided storm criteria for a 25 -year three-day storm. There would be zero outfall because of a storm. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mayor Grant asked about the amount of rain for 100 -year storm event. Neal Janov, Registered Engineer responded the development was designed for 25 year, three-day and 100 -year storm events. The 25 year, three-day event would generate 13 inches of rainfall, which would be contained on the site. There was a retaining wall on three sides of the property and there was berm of the west side of the property. In addition, the applicant would be altering the grades ,on the private roadway so that there will be a berm on the roadway holding the water on the site. Mayor Grant asked how much rain was in the 100 -year three-day storm event. Mr. Janov responded that would be would be 15 inches of rainfall over a three-day period. Mayor Grant further asked about post flowing offsite that would flow into the drain on Federal Highway. Mr. Janov responded it would also go into the overflow on Federal Highway onto the existing inlet, which was on the southwest corner of the property. In addition, some of the water would also go over the retaining wall and continue to the east. The difference was when the project was done would be .99 would be retained onsite or would go to the DOT inlet. Mayor Grant opened Public Comments. Jonathan Reingold, 631 Lakeside Harbor, said this was a great project and he was not opposed to development. He felt there would be flooding problems. The City granted a permit to build the last three houses about six -seven feet above grade so the water cannot get through. What has happen was bowl created at Lakeside Harbor. Charts do not take into consideration when a storm sits over Boynton. Mr. Reingold commented there are three gas pumps in Lakeside Harbor that have saved three homes. He indicated he was a Florida State Certified General Contractor and he pointed out the charts were wrong. The charts do not take into consideration what was going on in the area. Mr. Reingold pointed out the City was asking for what the developer wanted and not what the residents wanted or needed. Mr. Reingold asked if Harbor Cay and Lakeside Harbor would combined to become Harbor Cay. If so, they would not have any access to the private street or the dock. Mr. Reingold asked if the new Homeowner Association (HOA) was going to be responsible for the maintenance of the roadway and the dock. Mr. Reingold noted the developer did not speak about the dock. Mr. Reingold stated the developer controls all the properties from Federal Highway to the Intracoastal. He asserted the plan would not work and asked if there was funding to compete this project. He reiterated no one asked what he or his neighbors wanted. He had plans for his property and he was not sure if he would be able to follow through. Commissioner Romelus asked Mr. Reingold how he was considering improving the property. In addition, in regards to the road, her understanding was that Lakeside Harbor Road was privately owned. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mr. Reingold explained there was the community and then there are the homes. There was the dock and how the street functions. They have the right to extend the dock if they choose. He believes the developer was coming after the dock. The problem with extending the dock was they would only get one or two more slips. Commissioner Romelus asked about the flooding issues. She commented it mentioned some of the residents have gasoline pumps to pump the water off their property. She thought it seemed like a Band-Aid solution. She asked if Mr. Reingold or his neighbor had any plans to manage the flooding. Mr. Reingold responded there was a swale on the south side of the street that was filled in. The swale needed to be dug out, so the water could flow. He explained the owner of the house located at 638 Lakeside Harbor owner filled in the swale. Mr. Reingold pointed out the setbacks the developer was proposing was 5 feet from Lakeside Harbor. Everyone on the block has a 25 -foot minimum setback. Commissioner Romelus suggested having a conversation with the developer regarding the road and perhaps an agreement with the developer to help mitigate the flooding situation. If the developer was going to repave the road, maybe they can help with the flooding issue. Mr. Reingold responded to get to that conversation, there needs to be a plan for the 18 homes in Harbor Cay. Mayor Grant agreed this was a conversation the residents should have with the developer. Attorney Cherof expressed this was the first reading and there would be additional opportunities to speak. Rohan Anderson, 7617 Lakeside Harbor, stated he has seen lots of rain since he moved to Lakeside Harbor. His concern was whether the developer would accomplish everything they have placed on the table. He was in the construction business and based on what was presented, the design would work. His home was the first house on the block and the first to get flooded. Mr. Anderson spoke about the abandoned house, which covered the swale. He suggested the City cite the homeowner and force them to restore the swale. In addition, the tie from the railroad as well as the grass needed to be lowered, and the flow need to go straight from the road to the Intracoastal. There was a meeting to discuss the dock and there was a consensus the residents did not want to extend the dock. He was concerned with the new unit owners driving to the dock. There are going to be 18 units with four people for each unit. He thought that was too many people on the dock and it was a safety concern, which needed to be addressed. Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mr. Anderson mentioned there was discussion regarding a temporary fence being installed while the project was being constructed as well as security onsite. He suggested the developer and the community meet regarding what was going to happen to the road. In addition, the far end of the road needed to be shaved down so that the water can flow into the Intracoastal. Mr. Anderson indicated there were many questions the developer needed to explain and clarify to the homeowners. Todd Bertossi, 626 Lakeside Harbor, indicated he was a 24 -year resident and said the charts are not the reality of what happens when it rains. He pointed out it rains and the property floods. He did not know how the developer planned to retain the water on the property with having a French Drain and a catch basin. The entire area was in a flood plain. He suggested connecting to the City water system. Because of the continued development in the area, there would always be some flooding. He informed the Commission new homes are permitted with six-foot elevations. He said water finds the lowest spot. The Casa Del Mar project to the north was raised at least five -feet. All the water flows to the next neighborhood. Mr. Bertossi pointed out everything was converging on their area, because of the elevation of the surrounding projects. Mark Mahar noted that finally a developer was willing to improve the large parcel to the west. He believes this project would add value to his property and viewed it as a plus. The drainage plan has been shared with the community and has considerable capacity. Presently, the water runs off down the street into the shores of Lake Worth. This project would contain water, which was running down the property. As the presenter shared, they intend to pursue to tying in to the FDOT gutter system. They have received approval from FDOT to have additional water. They are meeting and exceeding what was needed and required. Everyone was concerned with the dock and the road, but nothing can happen unless all the owners agree. It was time to join in with this project. The developer was willing to participate with the drainage system. He does not have a house on his lot, but he has been waiting to build on the lot. They all brought into the flood situation and they need to own it. This project was not going to the make the situation worse. He has not improved on his property, but when he does, it was a requirement to do the same thing. Personally, he would like to see more with the entrance and lush landscaping. Mayor Grant closed Public Audience. Commissioner McCray appreciated the comments by the public and indicated the Intracoastal has been having flooding issues constantly. The City has begun working with the homeowners to alleviate the problem. Colin Groff, Assistant City Manager, responded there are several projects on the public streets to correct some of the flooding problems. Most of the flooding was caused by sea level rise. The City has been working with seven other cities to develop codes and 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 regulations to try to correct these issues. Concerning the private road, the City would not be able to spend public money to correct their issue, but will work with homeowner groups. Commissioner McCray inquired about the abandoned home that covered the swale and hoped restoring the swale would alleviate some of the flooding. Vice Mayor Katz thanked the speakers who provided their thoughts and concerns. They are legitimate concerns that will be addressed. In regard to the projects, the potential of connecting to FDOT or connecting with the City sewer, staff needed to advise the Commission on whether this was an option. Mr. Javon indicated he contacted FDOT and asked the drainage engineer if there were any exemptions or relief for an overflow into their system. Mr. Neal stated the answer was yes, but they would not accept any water prior to the water reaching the elevation of the 25 -year three-day storm event. He asked if they would be permitted to have an overflow into the existing inlet, and the answer was yes. They are planning to have a design to have an overflow into the inlet from the developer's property. If they get the 25 -year, three- day storm event everything would be contained onsite, anything in excess of the 25 -year three-day storm event would overflow into the FDOT right-of-way also and overflow into the retaining wall. Vice Mayor Katz appreciated the response because the primary concern was the drainage and the potential damage to adjacent properties. The rules and regulations should be followed. Vice Mayor Katz, indicated putting the tie in was necessary and should be a condition of approval. Colin .Groff, Assistant City Manager, responded the City Code requires if the project does not have a connection to FDOT over the 25 -year, 3 -day storm event, they must hold a 100 -year storm event on site. The City would require that connection and the understanding of the FDOT rules was once you withhold the 25 -year storm event on the site, the overflow could go to FDOT. It was already a condition of approval. Vice Mayor Katz indicated one of the speakers stated any changes to the common areas would require 100% of approval of all property owners on that street. Mr. Reingold responded according to his closing documents, they are not allowed to touch Lakeside Harbor without the consent of all owners. Vice Mayor Katz wanted to receive clarification on the restrictions to the streets and the dock, as well as clarification regarding decision-making being vetoed by any property owner by the next reading. There was still a second vote pending the next Commission meeting. The rules governing the street and the drainage on the street were a big concern. All property owners must agree. Mr. Miller stated there was a legal action regarding the street and he would provide the interpretation at the next meeting. Mr. Miller stated from a practical standpoint, it was 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 acknowledged at the meeting there was no homeowners association for the community. There will be an association for Harbor Cay. The applicant would be a participant because of the access to the road. He suggested the residents should create a homeowner association. The developer would make improvements for the end of the road where the railroad tie was located and the development would improve the drainage for the area. Vice Mayor Katz, appreciated the willingness to agree to the conditions of approval. He needed a legal interpretation of the rights of the existing property owners regarding the road. If the legal interpretation does not appear to be what the existing homeowners believe; he would urge the applicant to work with the property owners. Mayor Grant noted as long as the applicant agrees to the condition of approval, it was binding. Commissioner Romelus asked if the applicant was willing to add, as a condition of approval, security of the property. Mr. Miller responded they have not spoken in any detail what that security would be, but it would be standard construction security. After the construction, there has been conversations regarding having security cameras and moving the gate. The FDOT requires the gate to be 100 feet setback from the road. Commissioner Romelus asked gate improvements. Mr. Miller replied the gate would be better than it was at this time. At this time, there was the ability to drive around the gate. With the development, there would be a wall on the property line on the east side along the development. There will be a pedestrian gate to allow the residents of Harbor Cay to walk through. The applicant has committed to putting into the documents, which residents would not be allowed to drive down to the dock to park. There was discussion about creating an entry feature at the gate. Mr. Miller stated the applicant would continue to work with the residents and was willing to resurface the entire Lakeside Harbor road. Commissioner Romelus inquired about beautifying the area and the entrance. Mr. Miller responded there was a perimeter buffer around the property, which was a Code requirement. The buildings on the west side have sidewalks. There would be landscaping there. The applicant was providing about $35,000 for art. That strip of land would have landscaping and art. Mayor Grant inquired if the applicant wanted to have the art on their property. Mayor Grant commented City staff requested art be part of the project. Mr. Miller explained the location of the art would be between two trees and the applicant was willing to place the art on the site. Mayor Grant stated the problem with the art being placed in the middle of the site was it was great for the residents. He favored having an accent on the wall to make sure everyone driving by could see it. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mayor Grant noted certain homes were allowed to have private pools. He thought during a King Tide, there was no place for the water to go. He asked for additional information on the King Tide being on the Intracoastal. He also advised, as to security, the City was implementing a real time Crime Center and he requested the development teamwork with the Police Department to make sure we have a safer Boynton Beach. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called the role. Vote 5-0 Proposed Ordinance 19-015 FIRST READING- Approve Harbor Cay Townhomes Rezoning from IPUD, Infill Planned Unit Development to MU -1, Mixed Use 1 for a 1.43 parcel located at 65 Lakeside Harbor Applicant United Developers Group, LLC. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the role. Vote 5-0 B. Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19- 003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor in the Mixed Use -1 (MU -1) zoning District. Applicant: United Developers Group, LLC. Motion Commissioner Romelus moved to table until the May 7, 2019, Commission meeting. Commissioner Penserga seconded the motion. Vote 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 The motion unanimously passed C. PROPOSED ORDINANCE NO.19-004 - SECOND READING - Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City -initiated. (Tabled to April 16, 2019) Attorney Cherof read the proposed Ordinance No. 19-04 and Proposed Ordinance into the record on second reading. Motion Commissioner Romelus moved to remove from the table. Commissioner McCray seconded the motion. Vote The motion unanimously passed Hanna Matras, Senior Planner, stated this item pertained to proposed changes to the Boynton Beach Mall, Future Land Use. The item been reviewed by the State of Florida with no formal comments. Currently there are six owners. Washington Prime Group (Boynton Beach Mall LLC) owns the four parcels that constitute the largest part of the area. Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. Ms. Matras advised the Boynton Beach Mall has been declining for several years -The proposed Mixed Use Low FLU reclassification would provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the successful redevelopment of the property and the continued success of the entire Congress Avenue commercial hub. City staff, in preparation for the site's future redevelopment, initiated the proposed Future Land Use amendment. Staff recommended changing the Mall's Future Land Use - classification from a Development of Regional Impact (DRI) to Mixed Use Low (MXL). Ms. Matras noted the Pine Preserve was a part of the original DRI, and would retain its Recreational classification. While the redevelopment would likely proceed in phases and involve site planning for each, the rezoning would be processed concurrently with a master plan for the entire site. There is at present, no master plan application. Commissioner Romelus noted she recently attended Advanced Institute for Elected Officials training hosted by the Florida League of Cities. She indicated one of the main topics was what to do with locations such as these malls and big box stores. The conversation always comes back to Boynton Beach because Boynton was ahead of those other cities. Commissioner Romelus wanted to commend staff for taking the initiative and 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 capitalizing the taxes generated from the space that will benefit the residents of Boynton Beach. Mayor Grant requested clarification if the Mixed Use Low designation would allow for 45 feet height and 20 units per acre. Ms. Matras replied it would. Mayor Grant stated the fact that it was part of the Palm Tran Mass Transit System allowed the City to increase the density to Mixed Use Medium with the MU2 designation. Ms. Matras replied staff has not considered this. Amanda Bassiely, Principal Planner, indicated staff was approving the Land Use. Two different zoning districts correspond with that land use. There was MU1, which was limited to 45 feet. The other was the Suburban Mixed Use, which was similar to what was on Congress. This would allow for more height and would allow for surface parking. Mayor Grant asked if the City still had SMU on the books. Ms. Bassiely stated the zoning Districts and the names have changed. He thought the City could change the zoning to Mixed Use Medium; the City does not have the SMU designation or the MU3 or MU2. Ms. Bassiely responded the SMU coordinates with Mixed Use Low and that was consistent with some of the other redevelopment on Congress. Mayor Grant inquired when the SMU was implemented. Ms. Bassiely responded it was at least five years ago. Mayor Grant was concerned the item needed to be tabled so the Commission could get it right the first time. As an example, the developer asks for MU2 in order to have 65 feet height, which was on Renaissance Common Boulevard. Ms. Bassiely replied SMU was a zoning district. This was the proper designation for that zoning district. They will get that height, but there was a difference between height and density. Renaissance Commons has 20 units per acre maximum and it height of 65 feet. Ms. Bassiely replied the Mall owner has been coordinating with the other owners. Ms. Matras stated they are in the middle of the update to the Code to be consistent with the CRA plan. Mayor Grant asked if the City was prohibited from have the zoning as Mixed Use Medium. Mr. Groff replied the Commission has the authority to set it to Mixed Use Medium. The recommendation was to have it as Mixed Use Low, because it was a large parcel with a combined Master Plan, which was what the owners was proposing. The density of 20 units was going to be enough for what the owners wanted to accomplish. The height was the second zoning district within that Land Use, but they will not address the zoning until the Master Plan is addressed. Mayor Grant asked if the City allowed Mixed Used Medium, and the developer only needed 19 units per acre, if they would not be allowed to build. Ms. Bassiely replied the Mixed Use Medium designation has both minimum and maximum requirements. It was important to see the product and see the fabric of Congress. Ms. Bassiely indicated if the 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commission wanted to see more buildings like Renaissance Commons, this was the Land Use designation to use. Ms. Bassiely explained some of the density in the City's downtown has 50 units per acre. Mayor Grant responded that was the downtown. He does not see it as only residential, but as a commercial opportunity. Mayor Grant advised having the height and density was needed. He explained that with the Mixed Use Medium there was the ability to go 65 feet for commercial buildings. Ms. Bassiely replied commercial would be required on the other side of the street. Mayor Grant asked if the City was retaining the SMU in the Code for the future development. Ms. Bassiely replied the City was. Mayor Grant stated he has never seen the Mixed Use Medium in any of the plans the Commission has reviewed. Ms. Bassiely responded the CRA does not allow it within the CRA District. The SMU is only on Congress Avenue and outside, the CRA District. Mayor Grant said the Planned Development Regulations for the CRA and the non -CRA was part of the City. Ms. Bassiely responded there are different planning documents and both are in the Land Development Regulations (LDRs). Mayor Grant said he would rather try to incentivize development. He asked the Commission for a motion to approve Mixed Use Medium. Commissioner Romelus noted this would mean a higher density and a height increase would need to accompany a traffic study. Ms. Matras replied if the Commission decided to change to the Mixed Use Medium, the plans would need to go back to the State of Florida for review. Mayor Grant withdrew his motion. Commissioner McCray indicated he was in favor of the staff recommendation, which was submitted and approved by the State of Florida. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called the role. Vote 5-0 PROPOSED ORDINANCE NO.19-005 - SECOND READING - Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Boynton Beach Mall DRI from the list of DRI -classified sites. Applicant: City - initiated. (Tabled to April 16, 2019) Motion Commissioner Romelus moved to remove from the table. Commissioner McCray seconded the motion. Vote The motion unanimously passed Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the role. Vote »1V D. Approve text amendments to the Comprehensive Plan, (Heard earlier in the meeting) PROPOSED ORDINANCE NO. 19-012 - FIRST READING - Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (Heard earlier in the meeting) PROPOSED ORDINANCE NO. 19-013 - FIRST READING - The Transportation Element, creating framework for potential future establishment of a mobility fee. City -initiated. (Heard earlier in the meeting) E. Approve Major Master Plan Modification (MPMD 19-001) for Boynton Beach Town Square to amend the number of allowed dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C. Applicant: James S. Gielda, JKM Developers, LLC Attorney Cherof stated this was a quasi-judicial item and there are two applications. He assumed the applicant did not have any objection with combining the items. Commissioner McCray wanted to know why this was missed. He wanted this and his concern noted. Mayor Grant thought the same. 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Attorney Cherof administered an oath to all those intending to testify. Bonnie Miskel, on behalf of JKM Developers, was presenting items related to the site plan for Phase 2 and 3. Phase 2 would have a five -story building with an increase in the proposed height of the building to the maximum height of 62 feet with 261 residential dwelling units, including a leasing center and interior and private amenities. The new development site plan for Phase 3 included two buildings and a parking garage. There was the central building, which was a six -story, 60 feet maximum, age restricted building. Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot retail space, and an 878 parking space garage which includes 223 valet parking spaces. Ms. Miskel indicated there were two corresponding applications associated with the site plans. One request was for a height exception in order to allow the proposed architectural elements to exceed the 75 -foot maximum permitted by the Code and allow a maximum height of 87 feet and nine (9) inches for the Phase 3, north building. She noted the additional square feet between the 75 -foot Code height maximum and the 87 feet and nine inches was not occupied space. This would be for architectural embellishments, towers and parapets. This was to have bearing evaluation to make the building look more interesting. The applicant has applied for the Community Design Plan Appeal, also within the Phase three component. This was a request for relief from the requirements of Part 3, Chapter 4, Article III, and Section 6 of the City Code, which prohibits parking garages/structures having frontages on collector or arterial roads. The Code requires the developers to wrap the garage so it would not be visibly seen. This was a very small section of the parking garage. The developer has embellished and expanded the elevation so the parking garage was hidden. Mayor Grant asked which garage. Ms. Miskel responded this was the garage located between the north and central buildings. Ms. Miskel provided a site plan for Phase 2. The parking garage would be constructed prior to the commencement of Phase 2 and would serve both the City and the 261 residential units constructed within this phase. Phase 2 would have five stories and a 62 foot height maximum. It would include a pool and a park like area. There are also 32 parking spaces servicing the 261 residential units. Mayor Grant asked if there was any type of bridge. Ms. Miskel replied she did not believe there were any type of bridge connecting the structure in Phase 2. There would be direct connections within the building. Ms. Miskel showed elevations of the Town Square projects. Phase 3 was a seven -story, 87.9 foot maximum residential building. There are 210 dwelling units, with a leasing center with exterior private amenity spaces. The total retail space would be 11,030 square 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida. April 16, 2019 feet. Ms. Miskel stated that the additional 12.9 feet was for a parapet roof, tower elements and architectural details. There was no habitable space above 75 feet. The applicant was requesting relief from Chapter 4, "Article III, and Section 6, which prohibits parking structures from fronting arterial or collector roadways. The Applicant proposed that the east facade, 125 feet of the north garage from on NE 1 Street would have a living green wall on the garage. The garage does not look like a garage. It has shutters and window treatments, with texture walls. Amanda Bassiely, Principle Planner, indicated there was an existing approved Master Plan for this site, which encompassed the entire Town Square site. There were no revisions of Phase I, which included seven City -owned parcels with 15.04 acres, the City Hall Complex, the Old High School, The Schoolhouse Children, Amphitheatre, Art Center, Civic Center, Kid's Kingdom Playground, Library and the Madsen Senior Center. Ms. Bassiely stated there are changes to Phase II, 3 and a newly added Phase 4. This is the private portion of the Master Plan. She provided an outline of the changes. There were changes in density. The southern building previously approved with 225 units, was revised to 210 units. The northern building previously approved at 280 units, was now revised to 261 units. The hotel located in the corner was approved for 120 rooms, was revised to 144 rooms. The central building was approved for 250 units, and was being revised to 104 age restrictive units. The total changes from 705 units on the property, had a density of 47 units per acre and the revised plan provided 575 units with a density of 38.2 units per acre. Ms. Bassiely continued to say the other changes was to the height requirement for the Master Plan. Originally, the northern buildings were approved at 99 feet and 80 feet, but both have been reduced to 75 feet based on the zoning district. The southern residential building along Second Avenue was approved at 50 feet and requesting a change to 62 feet. As stated before, there were no changes to the City Hall or hotel building. Most changes have to do with the phases. Ms. Bassiely said phase I and 2 have not changed and phase 3 originally included the hotel, the two buildings shown and the garage. They were adding the hotel to Phase 4 and including a shared parking study. The site would now provide 1,787 parking spaces and a 10% buffer. The parking would be shared between the two garages. Staff has reviewed the proposed requests and determined that the developer complies with the existing Mixed Used Medium (MXM) Future Land Use Classification and the existing zoning designation of MU -3. Mr. Groff said the original master plan was based on conceptual plans by the private developer as well as the City. The City moved forward with Phase I with individual site plans. Mr. Groff indicated there.were some minor changes in the Master Plan. Mr. Groff explained the Master Plan was required because the City was trying to tie all the development together into one development. He provided a chronological breakdown of the master plan's development. Mr. Groff responded to Commissioner McCray's question if anything was missed. Nothing was missed from the original plan. Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commissioner McCray responded he did not feel good about this issue, but he had studied the plans for the garage and it was fantastic. Mayor Grant asked what drove the changes from the original Master Plan. Ms. Miskel replied when the original master plan was submitted, they were working with an older survey and had plans that were at 5% level to have finite decisions. Mayor Grant interjected this was the first time the Commission was hearing about these changes. Mayor Grant commented the City had multiple hearings to approve that Master Plan. The City was losing nine units per acre. The Commission was not included in the decision being made and it did not have a second hearing. Ms. Miskel replied the revisions made, were market driven and were made in the spirit of staying on the four corners of the page. The changes were not that significant. The only significant change was for the age -restricted communities. There was a question of what this meant. She explained it was not an assisted living facility or nursing home. Ms. Miskel responded the Commission should have heard about the changes months ago. She indicated they were not keeping the information from the Commission. Ms. Miskel said if there was something, which was presented and there was the ability to come back with modifications to the Master Plan. Mayor Grant pointed out Boynton Beach does have age -restricted communities like Leisureville, Sterling Village, Seagate and High Point. There was a reference point. The Commission wanted this site to have workforce housing. He was not aware the developer sought any government subsidy. The CRA and the County have different impact fees and tax credits. Mayor Grant stated the CRA has the Tax Incremental Funding (TIF) available so that the City receives the best product. It was interesting how much money the developer needs to spend to make the parking garage not look like a parking garage. He believed they are losing units or construction value, because the developers are working on an aesthetics. Staff may have another view than the Commission: This was why he did not want to meet prior to the meeting. The project had been reviewed and finalized after it went to the Planning and Development Board. The Commission does not have the ability to make any changes. There was no second reading of the site plan. Ms. Miskel responded they have an opportunity to meet with Mike Simon, CRA Executive Director, or any other agency to set aside some of those units as workforce housing. Ms. Miskel pointed out this was not the design, but they have the ability to have some workforce housing if there are ways to ascertain some of the subsidy. As far as making modifications to the plan, this was a partnership and the client was motivated. Mayor Grant stated there was a reduction in the density on the Master Plan. Ms. Miskel explained it was a change in the total number. Mayor Grant said Cortina asked for a site plan modification without changing the master plan to get the density afterwards. He asked if the City was required to amend the Master Plan to get the new site plan. 29 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Ms. Bassiely responded the reason the reduction was shown on the Master Plan was that this Master Plan included the shared parking study with specific unit counts. In order to leave the capacity or density on the Master Plan, it would need the same capacity in parking. Ms. Bassiely responded the capacity and density must be tied together. They cannot have more units without having availability of parking. Mayor Grant said in order to change the site plan; the Master Plan must be redone for increases in parking because the way the Code reads. Ms. Bassiely replied they could allow additional density in the Master Plan if it met Code. Mayor Grant asked if there could be additional parking on the site. Ms. Miskel responded the current parking delineation would not allow the density. The developer would need to add additional decks. Ms. Miskel stated the developer was at their maximum height. Mayor Grant asked about increasing the age restriction for one of the other buildings. Ms. Miskel requested clarification if the Commission wanted to have a larger building to have more age restrictive units. Mayor Grant stated they could have more density. Ms. Miskel indicated this could be accomplished through a modification. John -Markey, Private Developer, JKM, explained the developer provides a conceptual design based on what was being requested. Since the inception of the project, construction costs have increased 30%. The costs are for materials and labor. They have lost 60,000 construction jobs. He was concerned about financing and there was a need for balance. Vice Mayor Katz was content with the explanation and was not in favor of age -restricted housing. There was a glut of 55 and over communities. It was luxury unit owners with disposable income. He was not opposed to any of the requests. He was not' in favor of pumping the brakes to go back to the drawing board, but he did not want to see the buildings go any higher. As stated before, he was not in support of age -restricted housing. Vice Mayor Katz understood some of the units were workforce housing, but asked if they met the definition of affordable housing. Mr. Markey replied they were. They originally designed the other buildings that are not age restricted to be 20% and higher affordable units without deed restrictions. Vice Mayor Katz stated he was not in favor of mandated or incentivized workforce housing within the units. They are creating a substantial quantity of workforce housing within walking distance to the north. It was important the City have housing opportunities within walking distance. There should be a balance that would feed the downtown area and the City only has one shot at the project. He was comfortable with what was being presented. There should not be any more dramatic changes. He stated he did not want to reinvent this project. 30 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commissioner Romelus wanted to add, she believed some of these changes have been taken into consideration and there has been a decrease in the density. The developer was adding living walls and green space, which encouraged those of a different age to move into the City downtown. There are many benefits to the changes, which the developer has made. There was a lot of thought and planning in this project. Commissioner Romelus stated she was in favor of the changes Commissioner McCray was in favor of the changes. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. F. Approve Major Site Plan Modification (MSPM 19-002) for Town Square Phase Two in order to construct a 261 -unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 - acre site. Applicant: James S. Gielda, JKM BTS South, LLC Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. G. Approve Height Exception (HTEX 19-001) for Town Square Phase III in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. Applicant: James S. Gielda, JKM BTS South, LLC. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 31 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 H. Approve Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: James S. Gielda, JKM BTS South, LLC Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. I. Approve Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. Applicant: James S. Gielda, JKM BTS South, LLC. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. J. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning District. Applicant: Raymond Funk, Coastal QSR, LLC (Tabled at the March 19, 2019 Commission Meeting) (Applicant requests tabling continues to May 6th meeting.) 9. CITY MANAGER'S REPORT A. Presentation by Dr. Joseph St. Germain, President of Downs and St. Germain Research, Inc. on the Public Opinion Survey Results. Lori LaVerriere, City Manager, indicated part of the Strategic Planning process last year was to consider funding and moving forward with a public opinion survey. A contract was initiated for a six-year study to survey the residents for one year. Next year there would be a focus group. This would provide feedback and help the City move forward in the Strategic Planning process. 32 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Eleanor Krusell, Public Communications, Marketing, and Director, introduced Dr. Joseph St. Germaine, who was awarded the contract to provide and conduct the public opinion surveys from residents and businesses to identify areas of strengths and improvements. Dr. Joseph St. Germain, President of Downs and St. Germain Research, explained there was a resident survey as well as a business survey and he explained the methodology of the survey. There were 559 completed surveys. There was a sampling error of +/- 4.1 %. Dr. St. Germain provided a sampling of the surveys with the City of Boynton Beach residents. The Satisfaction with City Services showed the Fire Department had an 85% satisfaction rating. Police satisfaction ranked at 66%. Dr. St. Germain provided Gap Analysis of City services, which showed areas of satisfaction versus importance of City services of residents of Boynton Beach. Commissioner Romelus requested clarification of the chart presented. Dr. St. Germain explained the chart was by department satisfaction, importance and the gap between the two. Mayor Grant understood the reason for the methodology was the overview of the City. Mayor Grant inquired if the survey was open to all. Dr. St. Germain replied it could be done. At this time, it was only open to residents and businesses of the Boynton Beach. This also avoids ballot stuffing Commissioner McCray inquired about free WIFI within the City limits. Commissioner Romelus noted even though the residents are saying they want notification via email, the preferred local services was through T.V. and social media. She would like the Commission meetings to be streamed live. Whether it was through Facebook live or streaming. Mr. Groff responded the New City Hall would have the ability to stream live. Commissioner Penserga asked if there was a way to display the data to provide a map to see the Districts where the complaints or compliments originated. Dr. St. Germain responded it could be done. The -District results would show areas of concern. Dr. St. German provided a broad overview of business owners. He spoke with 360 business owners. These owners were randomly selected and contacted through emails, postcards and telephones. The businesses were asked leading questions and they looked at overall ratings. Dr. St. German stated eight out of ten businesses rated the City as committed to retaining businesses. The businesses were asked the same type of questions as the residents and the businesses rated Boynton Beach Fire as number one. Police came in as a close second. 33 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Commissioner Romelus asked about a heat map that would show where they have parking problems. Dr. St. Germain replied this be accommodated by District. She asked how many surveys were sent out to business owners. Dr. St. Germain responded he needed to check the number. Commissioner Penserga asked if any of the data sets stood out. Dr. St. Germain responded permitting and economic development stood out. The residents and business owners agreed the City permitting process flowed well. Commissioner McCray asked out of the 559 surveys received how many were from District 2. There seemed to be more dissatisfied people from this District. Dr. St. Germain responded 15% were from District 2. Commissioner McCray indicated the City staff and elected official needed to begin pinpointing why are they losing people in different Districts. Dr. St. Germain responded the focus groups could ascertain why this District's residents were disgruntled. Commissioner McCray asked if the telephone calls were to land lines only. Dr. St. Germain responded the calls were random and to both cell and land lines. Commissioner Romelus asked if addresses were requested. Dr. St. Germain advised respondents was not required to provide an address. Commissioner Romelus pointed out the typical layperson in Boynton Beach was not aware of their District. Dr. St. Germain replied with the online version, the residents are shown a map. The interviewers try to explain the Districts by separations of turnpike and east or west of 1-95. Commissioner Romelus suggested providing leading questions to designate a District. Dr. St. Germain replied the interviewer did this. Commissioner McCray asked what time of day the surveys were conducted. Dr. St. Germain responded they were conducted both day and night. Dr. St. Germain informed the Commission the surveys were in English, Spanish and Creole. Commissioner Romelus asked if the interviews were done in multiple languages for the telephone surveys. Dr. St. Germain indicated they were. Mayor Grant stated one of the concerns he has for the next focus group was what was being researched and if the Commission had any specific item they wanted surveyed. Dr. St. Germain replied they were happy to work with staff and the Commission. Ms. LaVerriere indicated that was a good question for strategic planning. Mayor Grant stated he wanted to know what they were looking at in the focus group. The Commission may not know what would be done in the focus group. 34 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Ms. LaVerriere indicated the Commission wanted input on the questions or topics of the focus group. Vice Mayor Katz recalled that individual Commission members would not put their hands into the process. The Commission was clear that no individual would be able to influence the questions as not to potentially taint the survey. Ms. LaVerriere pointed out they could research questions for the survey strategic planning process. Dr. St. Germain responded it was good to have input from all concerned. Commissioner Penserga asked how many focus groups would be conducted. Ms. Krusell responded they would be doing both residential and business focus groups. Commissioner Penserga asked if the residents were within the City limits. Ms. Krusell responded they were. B. Discuss if Commission wants to have a public input meeting or 2019/20budget, suggested dates and times: Tuesday, May 21, 2019, 5:30pm-6:30 pm before Commission Meeting Tuesday, June 4, 2019, 5:30pm-6:30 pm before Commission Meeting Meeting to be held at Intracoastal Park. Mayor Grant wanted to have the budget public input meeting on May 21 at the beginning of the meeting and to advertise it as part of public comment. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Authorize Commissioner Penserga to travel to the Institute for Elected Municipal Officials (IEMO) training to be held in Tampa, FL October 4-6, 2019. Motion Commissioner McCray moved to approve with discussion. Commissioner Romelus seconded the motion. Commissioner McCray thanked Commissioner Penserga for volunteering to attend the Institute for Elected Municipal Officials. Vote The motion unanimously passed. 35 Meeting Minutes City Commission Meeting Boynton Beach, Florida April,16, 2019 B. Discussion regarding prohibition of truck and other commercial use vehicle parking in residential neighborhoods. Attorney Cherof stated there was a draft Ordinance to modify truck regulations in the City Code. Attorney Cherof stated what staff was looking for was authorization to move this Ordinance forward for first reading. He pointed out page two, line 72 contained penalties for violations. This was discussed with staff and they agreed it would be more appropriate to increase the first violation fine from $50 to $100. Commissioner McCray agreed with the City Attorney. Mayor Grant asked if a resident rents a Budget truck and leaves it overnight at their home, if the resident were fined $100. Attorney Cherof responded they would. This was not just for rental, this was for people who use trucks for transport and business. There are some exceptions in the draft Ordinance. As an example, if the truck owner was the property owner and the truck does not extend beyond the driveway. It may be best to allow this to move to first reading and work out the details later. Commissioner McCray commented residents brought this item to his attention. Attorney Cherof explained this Ordinance was drafted to be broader than just for 18 - wheelers. It detracts from their property values. If the Commission chose to adopt this Ordinance, before this become enforceable, there would be a notice to the public to alter the behavior. Attorney Cherof indicated he was looking for direction. Commissioner Penserga asked if this would also apply to Homeowner Associations who may or may not have their own regulations. Attorney Cherof explained this would apply to all single -zoned districts, private and public. Ms. LaVerriere responded it was difficult to pull out just semi/tractor trailer and would be difficult to pinpoint the semi -truck issue without prohibiting commercial vehicles. This would not practical, because there are residents which have jobs which require them to have a commercial vehicle in their driveway. Mayor Grant stated if the truck/trailer could fit on a driveway, it would not apply. This does not apply for semi/trailers at the Family Dollar stores. Ms. LaVerriere responded this was commercial property and the semi/tractors would not be affected. Ms. LaVerriere pointed out this was commercial property and it would still be allowed. Mayor Grant asked if there was parallel parking on Martin Luther King Boulevard, if it would stop anyone from parking. Mr. Groff responded some of the parking would be controlled by the City parking regulations. The Commission could direct staff to place no overnight parking signs in the area. If this was a commercial street, the signs could be site specific. Ms. LaVerriere pointed out she had some parking signs placed on Martin Luther King Boulevard and they were all stolen. The signs will be replaced and concreted into the ground. W Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Mayor Grant opened for public comments. Susan Oyer 140 SE 27 Way, informed the Commission there was a semitrailer on her street and they leave the truck running for hours. She noticed this Ordinance did not mention noise and asked if this would be addressed. Ms. Oyer stated she has a neighbor with a tow truck. She read vehicles not meant for passenger use, would be restricted. Attorney Cherof said staff never considered the running vehicles and this was not addressed. Mr. Groff explained there was a Noise Ordinance and staff was looking for direction from the Commission. Mayor Grant asked how many axels a Mack truck had. Mr. Groff replied staff began with two axels, but there is a class of vehicles that have only two axels. Mayor Grant said there would always be loopholes. Mr. Groff said the Ordinance could say a commercial vehicle with no more than two axles. This does not address tow trucks owned by a property owner, which have two axels. Mayor Grant said regardless of the axels, tow trucks must be parked on the driveway. Mr. Groff recommended moving forward for the Ordinance. Mayor Grant asked for first reading at the May 7, 2019, meeting. There was a consensus C. Discuss attendance and authorize expenditure of funds for travel, lodging, registration and expenses at the 93rd Annual Conference of the Florida League of Cities being held in Orlando, FI on Thursday August 15 through August 17, 2019. Motion i Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE 19-010 - FIRST READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters". (Tabled to April 16, 2019). Motion Commissioner McCray moved to remove from the table. Commissioner Romelus seconded the motion. 37 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Vote The motion unanimously passed. Attorney Cherof read Proposed Ordinance No. 19-010 into the record by title only on first reading. He explained the State of Florida would preempt the municipalities except in a very limited fashion from enforcing a ban of motorized scooters. The State will regulate and the City would need to treat the motorized scooters like bicycles. Attorney Cherof indicated he does not believe this Ordinance was ready to move forward and suggested working with the lobbyist. Mayor Grant asked what happens if the City has an Ordinance in place before the preemption. Attorney Cherof responded it would be of no effect. Mayor Grant suggested the Commission move forward on the proposed Ordinance. He said it would be easier for the Lobbyist to add the amendments so that nothing that was in place was affected, rather than trying to change the rule. Attorney Cherof asked if the Mayor was asking to move forward with banning the motorized scooters in its entirety. Mayor Grant replied that was correct. The City could say they had the ban prior to the preemption. Attorney Cherof explained the definition of motorized scooters. Attorney Cherof stated if there was a motion to adopt this Ordinance on first reading, it would return to the Commission, because the title has been made broad enough to go in either direction. It would come back with significant amendments. What will be seen was very few words, except the remaining words that the motorized scooters are not allowed. Mayor Grant said the City could tell their lobbyist they wanted to have preemption only if it provided in the future and not Ex -Post Facto. Commissioner Romelus indicated based on the last version; they removed the hoover boards from the Ordinance. Motion Vice Mayor Katz moved to approve on first reading. Commissioner Romelus seconded the motion. Clerk Pyle called the role. K9 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 Vote 5-0 Mayor Grant asked for a consensus for the City Manager to speak with the lobbyist regarding motorized scooters. There was a consensus. Mayor Grant added Future Land Use of Seacrest Boulevard, social media notifications, expense accounts; equitable RFQ's and optional comment cards to the Future Agenda. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Fire — May 2019 Development — July 2019 Library — September 2019 B. Caler, Donten & Levine (city auditors) will present the Comprehensive Annual Financial Report for FY 2018. - May 7, 2019. C. Representative Mike Caruso will provide the Commission a post -legislative update - May 7, 2019. D. Proclamation for Boynton Beach Mental Health Committee - May 7, 2019 E. Staff to provide brief update on status of Town Square Project. May 7, 2019 F. Staff to provide update to City Commission on Surtax Projects for FY 18/19 - May 7, 2019. G. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - June 2019 H. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - July 2019 I. Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal park Clubhouse: Monday, July 15, 2019 Tuesday, July 16 2019 @ 10:00am Wednesday, July 17, 2019@ 2:00pm 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 14. ADJOURNMENT IT • There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. The motion unanimously passed. The meeting adjourned at 11:29 p.m. (Continued on next page) EX Meeting Minutes City Commission Meeting Boynton Beach, Florida April 16, 2019 ATTEST udith A. Pyle, CMC City Clerk ueenester Nieves Deputy City Clerk 41 CITY Y TON BEACH Mayor -Steven B. Grant Dice IVrayor -Justin f mm Commissione — Christina Romelus Comm" e — enserga DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Major Master Plan Modification (MPMD 19-001) APPLICANT: James S Gielda, JKM Developers, LLC APPLICANT'S ADDRESS: 2300 Glades Road, Suite 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve a Major Master Plan Modification for Boynton Beach Town Square to amend the number of buildable dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". LOCATION OF PROPERTY: Civic Campus bounded by Seacrest Boulevard on the west, NE 1 st Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS _ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: tl' DATED:l4 7''1 , City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan Mod MPMD 19-001\StaffReport\MasterPlanDO MPMD 19-001.doc Page 738 of 993 EXHIBIT "E" Conditions of Approval Project Name: Town Square Major Master Plan Modification File number: MPMD 19-001 Reference: 311 review of plans identified as a Maior Master Plan Modification with an March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: Additional comments may be rendered at time of permitting. FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None. PLANNING & ZONING Comments: 1. Combine "Phase 3A" and "Phase 3B" into one phase labeled "Phase 3". X 2. Revise Building B, Building A, and the north parking garage to be a maximum of 75 feet as permitted within the MU -3 zoning district. X 3. At time of permitting of Building "B" provide a recorded Deed Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. X COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. Page 736 of 993 Boynton Beach Town Square Major Master Plan Modification (MPMD 19-001) Conditions of Approval Paqe 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan Mod MPMD 19- 001\StaffReport\ExhibitF_MPMD 19-001 COA.doc Page 737 of 993 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Two (MSPM 19-002) APPLICANT: James S. Gielda, JKM BTS South, LLC APPLICANT'S ADDRESS: 2300 Glades Road, Suite 202E, Boca Raton FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve the Major Site Plan Modification (MSPM 19-002) for Town Square Phase two in order to construct a 261 unit apartment building that wraps the southern garage approved in the Town Square Phase 1 site plan on a 3.94 acre site. LOCATION OF PROPERTY: The property bound on the west by Seacrest Blvd.; on the north by SE 1St Avenue; on the east by NE 1 St Street; and on the south by SE 2nd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval 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." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. _ DENIED 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: —/&-k4 DATED: 'f //,P h 9 t City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 2—MSPM 19-002\StaffReport\MSPM19-002_ DO.doc Page 763 of 993 EXHIBIT "C" Conditions of Approval Project Name: Town Square Phase Two File number: MSPM 19-002 Reference: 4th review of plans identified as a Maior Site Plan Modification with a March 18, 2019 Planning and Zoninq Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide additional handicap parking spaces at main entrance. X 2. Depict handicap ramps on all sidewalks along the perimeter of the property. X 3. Provide a ramp under the porte cochere. X 4. Provide an 18 inch clear zone for the columns supporting the porte cochere. X 5. Depict a white stripe delineating the outside radii of the lane entering and leaving the parking garage and ensure a consistent width of 24 feet. X 6. Provide a circulation plan showing service of the compactor. Provide 42 feet to safely service and ensure enough head clearance is provided if servicing from the garage. X FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 7. Park impact fees are due at time of permitting. X Page 760 of 993 Town Square Phase Two (MSPM 19-002) Conditions of Approval Paae 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 8. Prior to permitting, obtain approval of Major Master Plan X Modification 19-001. 9. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on proposed elevations. 10. Prior to permit approval, vacate the 10 foot FPL easement X currently located under the west portion of the building. 11. Prior to permitting, provide a ROW dedication on Seacrest, SE X 2nd Ave and SE 1 St per site plan hatched area. 12. Provide details of the first floor front porch railing. They must X include accessible gates to the provided walkway to be consistent with the front porch design concept. 13. A sign program is required prior to issuance of any sign permits. X 14. Correct line of sight diagrams to include a straight line from a X person to the top of the parapet. 15. Coordinate with the City's Public Art's Manager to implement the X approved Town Square Public Art's Master plan. 16. Provide parking spaces at 16.5 feet long with a two foot overhang. X 17. Provide pedestrian connections from the residential building to the X garage including a sidewalk and crosswalk at the southern end of the driveway. 18. Provide dimensions of driveway to be 24 feet in width. X 19. Site plan and civil engineering plan dimensions are inconsistent. X Revise plans to be consistent and meet Land Development Regulations. 20. Please provide a Tree Disposition / Mitigation Plan for the existing X trees, per Chapter 4, Article I, Section 4.C. 21. On the Landscape Plan, please provide a chart depicting the % of X landscape material by type (trees & palms, shrubs, and roundcovers), meeting the native / drought tolerant requirement Page 761 of 993 Town Square Phase Two (MSPM 19-002) Conditions of Approval Paoe 3 of 3 DEPARTMENTS INCLUDE REJECT of 50% in each category. 22. Please revise the canopy tree / palm tree ratio to depict no more X than 50% of the trees as palm species, per Chapter 4, Article II, Section 4.A.3.a.(2) d. 23. Please revise Sheets LP -1, LP -2, and LP -3 to indicate the "Street X Trees" — Live Oak High Rise will have a minimum 8 foot clear trunk, in compliance with Chapter 4, Article II, Section 4.13.5.c.(1). 24. Please correct the "Safe Sight Detail" on Sheet LP -3 to reflect the X code requirement of clear space between 30" and 8'. 25. Please consider alternating segments of the Liriope plantings with X blooming or colorful shrubs and groundcovers. 26. Please depict the required Signature Trees on each side of the X driveway entrances, as required by Chapter 4, Article ll, Section 4.A.3.a.(1). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. 7L L S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 2_MSPM 19-002\StaffReport\ExhibitC_MSPM 19-002 COA.doc Page 762 of 993 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Three (HTEX 19-001) APPLICANT: James S. Gielda, JKM BTS North, LLC APPLICANT'S ADDRESS: 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve a Height Exception (HTEX 19-001) for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1St Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\HTEX 19-001_ DO.doc Page 804 of 993 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Reference: 4th review of plans identified as a Maior Site Plan Modification with a March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide an 18 -inch clear zone for the columns supporting the porte cochere. X 2. Provide the height dimensions of the opening(s) to the parking garage. X 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. X 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. X 5. At the dead end, on the first level of the parking garage, a tee -turn around is required in accordance with the City Engineering Handbook detail P-10. X 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. X 7. Please stencil within all loading zones "No Parking" X FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. X Page 801 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Paqe 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan X Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach X Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. X 13. Coordinate with the City's Public Art's Manager to implement the X approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. X 15. Revise parallel parking spaces to meet the City Engineering X Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be X painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and X replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the X proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's X Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be X built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed X residential buildings Page 802 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS I INCLUDE REJECT 22. Enhance west and south elevations of the garage and the X exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district X allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of X 5.9 foot-candles. 25. Provide color elevations of the entire east fagade (including the X garage in place). 26. At time of permitting of Building "B" provide a recorded Deed X Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. If S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 803 of 993 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Town Square Phase Three (CDPA 19-001) James S. Gielda, JKM BTS North, LLC 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1St Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: i Wk. DATED: Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\CDPA 19-001_ DO.doc Page 845 of 993 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Reference: 4t" review of plans identified as a Maior Site Plan Modification with a March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide an 18 -inch clear zone for the columns supporting the porte cochere. X 2. Provide the height dimensions of the opening(s) to the parking garage. X 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. X 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. X 5. At the dead end, on the first level of the parking garage, a tee -turn around is required in accordance with the City Engineering Handbook detail P-10. X 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. X 7. Please stencil within all loading zones "No Parking" X FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. X Page 842 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Paqe 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan X Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach X Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. X 13. Coordinate with the City's Public Art's Manager to implement the X approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. X 15. Revise parallel parking spaces to meet the City Engineering X Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be X painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and X replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the X proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's X Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be X built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed X residential buildings Page 843 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Paqe 3 of 3 DEPARTMENTS I INCLUDE REJECT 22. Enhance west and south elevations of the garage and the X exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district X allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of X 5.9 foot-candles. 25. Provide color elevations of the entire east fapade (including the X garage in place). 26. At time of permitting of Building "B" provide a recorded Deed X Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. "— M S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 844 of 993 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Town Square Phase Three (MSPM 19-005) James S. Gielda, JKM BTS North, LLC 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three to construct a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1s' Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: —ter City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3—MSPM 19-005\Staff Report\DO.doc Page 886 of 993 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Reference: 411 review of plans identified as a Maior Site Plan Modification with a March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide an 18 -inch clear zone for the columns supporting the porte cochere. X 2. Provide the height dimensions of the opening(s) to the parking garage. X 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. X 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. X 5. At the dead end, on the first level of the parking garage, a tee -turn around is required in accordance with the City Engineering Handbook detail P-10. X 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. X 7. Please stencil within all loading zones "No Parking" X FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. X Page 883 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan X Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach X Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. X 13. Coordinate with the City's Public Art's Manager to implement the X approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. X 15. Revise parallel parking spaces to meet the City Engineering X Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be X painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and X replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the X proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's X Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be X built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed X residential buildings Page 884 of 993 Town Square Phase Three MSPM 19-005 / CDPA 19-001 / HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS I INCLUDE REJECT 22. Enhance west and south elevations of the garage and the X exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district X allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of X 5.9 foot-candles. 25. Provide color elevations of the entire east fagade (including the X garage in place). 26. At time of permitting of Building "B" provide a recorded Deed X Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. >� S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 885 of 993