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APPLICATION PROJECT NAME: Arches LOCA TION: SW corner of Federal Highway and Ocean A venue PCN: I FILE NO.: SPTE 06-011 II TYPE OF APPLICATION: I AGENTICONT ACT PERSON: OWNER: Boynton Ventures I, LLC Bonnie L. Miskel ADDRESS: ADDRESS: 200 East Broward Blvd. FAX: Suite 1500 Ft. Lauderdale, FL 33301 PHONE: FAX: 954-333-4076 - PHONE: 954-527-2476 E-Mail: Bonnie.Miskel@ruden.com SUBMITTAL 1 RESUBMITTAL 8/23/06 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICEI SIGNS 30 days 1 10 days 11/4/06 IPARC: TART MEETING: LEGAL AD PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 11/14/06 AGENCY BOARD CITY COMMISSION MEETING: 12/5/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\ARCHES @BB\MSPM 05-008\SPTE 06-011\2006 PROJECT TRACKING INFO,doc ~I Ruden ~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX. (954)333-4076 BONN I E. MISKEL@RUDEN,COM August 21, 2006 FEDERAL EXPRESS Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 ~~: nn,.f! ff...~ --'~iF AX; 2 3 ~--,~ "~I .) " I , <'--'; P! t,' , -;--, ..-1 ltjl --...,"~- ._.~----- . Re: The Arches (MSPM 05-008) Dear Mike: With reference to the above project, I am enclosing the following: 1. Boynton Ventures I, LLC's check in the amount of $400 payable to the City of Boynton Beach; and 2. Letter of Authorization from Boynton Ventures I, LLC as to my representation. If you have any questions, please feel free to give me a call. Sincerely, ~ Bonnie L. Miskel BLM/bab Enclosures FTL: 1888448: 1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST, LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH Statement of Interest in Property and Authorization to File Petitions BOYNTON VENTURES I, LLC certifies that it is the Owner of the subject property and authorizes RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A to act as agent and submit petitions for site plan modification and time extension requests to the City of Boynton Beach. This authorization includes all related site plan and permitting considerations, including necessary variances or technical deviations. Boynton v~~~ / SIgnature: 'd -LA ~ Printed Name: Title: --~~- -.. - -"'--"'::::1 iJlO ~'. ' .,1"11 I ~ ~ I \ !! ' W ! AUr, 2 :i ' , L--- r Address: Phone: State ofHeAtla /C- County of Palm Beaeh UkIL- The foregoing ins1:lJ1ment was acknowledged before me this / ~ day of au..Cjt.t sf' , 2006, by (fJ I Lhlu I Lt Inf,who is lrlanc.Lc/( r and is personally known to me or who has produeed ' as identification and who dlotake an oath. NOTARY PUBLIC: ~~: t~:;;/ g1'C~U-J My Commission Expires: "OFFICIAL SEAL" Barbara J. Mohr Notary Public. State of Illinois My Commission Exp. 08/22/2007 , Property: WPB:263820: 1 ~I Ruden ~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONN I E. MISKEL@RUDEN,COM '''-,f: wi ~l ~ ,,-.-J August 16, 2006 (----., .. , '1-"'\ I" I' ' 'I ~ 1 II, " ,', :I~ r----- ,..., ~ I It l Ie : I '. I VIA E-MAIL, FACSIMILE AND U.S. MAIL 1.--- i'APTr,":- .. f'\\ENl -.-.--.--- ._._- ____,u__ _.______' Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: The Arches (MSPM 05-008) Dear Mr. Rumpf: The purpose of this letter is to request a one year time extension for the above referenced project. The date of the Development Order approval was September 6, 2005. The applicant is requesting the time extension because of unforeseen delays in the development process including the relocation ofFPL and project modifications required as a result of BellSouth utility lines. The Developer had anticipated that it would take FPL several months to review the Project and the relocation of its facilities. Instead, as a consequence of the aftermath of the hurricanes last year, 500 Ocean Plaza formerly known as the Arches was caught in a backlog of projects requiring FPL signoff. Only recently, after a six month delay, has FPL signed off on the relocation of its facilities. In addition to the FPL relocation, the Developer has also been required to address the relocation of a major BellSouth fiber optic trunk1ine serving a substantial portion of the City of Boynton Beach. Since relocation was not economically feasible and would delay the project and inordinate amount of time, the Developer was required to substantially modify the plans and relocate the elevator banks to accommodate the BellSouth optic fiber trunkline without relocation. The process of identifying the BellSouth facilities, evaluating the ability to relocate same and the redesign of the Project to accommodate the BellSouth fiber optic trunkline has delayed the Project more than five months. The Developer has completed a full set of plans and specifications for the Project which has cost the Developer more than $800,000.00 to prepare and has submitted same to the City for courtesy review. Additionally, issues were raised regarding the need to replat the Project. The Developer had its engineers prepare a replat of the Project which has been submitted to the City FTL:1885170:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST,LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH Mr. Michael Rumpf City of Boynton Beach August 16, 2006 Page 2 for review. The applicant has paid multiple fees associated with the development of this project including: the courtesy review fee; water/sewer capacity fees (approximately $350,000.00); BellSouth permit fee; fees to demolish existing structure on the site; and the fence permit fee. As significant unforeseen difficulties have arisen, a one year time extension is reasonable. Should you have any questions or concerns related to this letter, please feel free to call me. Sincerely, 37l /l~ cA. Bonnie L. Miskel ))Llr\)Jit L !. VA h ) BLM/bab FTL:1885170:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P,A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST.LUClE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH ~I Ruden ~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONN I E MISKEL@RUDEN.COM August 16, 2006 \l~\ ,; AUG 'I' ; 2: l ~rn VIA E-MAIL, FACSIMILE AND U.S. MAIL Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 PlANNINC AND hlNINC; DEP1 Re: The Arches (MSPM 05-008) Dear Mr. Rumpf: The purpose of this letter is to request a one year time extension for the above referenced project. The date of the Development Order approval was September 6, 2005. The applicant is requesting the time extension because of unforeseen delays in the development process including the relocation ofFPL and project modifications required as a result of BellSouth utility lines. The Developer had anticipated that it would take FPL several months to review the Project and the relocation of its facilities. Instead, as a consequence of the aftermath of the hurricanes last year, 500 Ocean Plaza formerly known as the Arches was caught in a backlog of projects requiring FPL signoff. Only recently, after a six month delay, has FPL signed off on the relocation of its facilities. In addition to the FPL relocation, the Developer has also been required to address the relocation of a major BellSouth fiber optic trunkline serving a substantial portion of the City of Boynton Beach. Since relocation was not economically feasible and would delay the project and inordinate amount of time, the Developer was required to substantially modify the plans and relocate the elevator banks to accommodate the BellSouth optic fiber trunkline without relocation. The process of identifying the BellSouth facilities, evaluating the ability to relocate same and the redesign of the Project to accommodate the BellSouth fiber optic trunkline has delayed the Project more than five months. The Developer has completed a full set of plans and specifications for the Project which has cost the Developer more than $800,000.00 to prepare and has submitted same to the City for courtesy review. Additionally, issues were raised regarding the need to replat the Project. The Developer had its engineers prepare a replat of the Project which has been submitted to the City FTL:1885170:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT 51-LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE' TAMPA. WEST PALM BEACH Mr. Michael Rumpf City of Boynton Beach August 16, 2006 Page 2 for review. The applicant has paid multiple fees associated with the development of this project including: the courtesy review fee; water/sewer capacity fees (approximately $350,000.00); BellSouth permit fee; fees to demolish existing structure on the site; and the fence permit fee. As significant unforeseen difficulties have arisen, a one year time extension is reasonable. Should you have any questions or concerns related to this letter, please feel free to call me. Sincerely, /"'~ cA" ('" ,,' . '--<- . 7l /U..[ ", Bonnie L. Miskel );/f"fAJ JL.( L (bAb) BLM/bab FTL:1885170:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A, CARACAS' FT. lAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH Rumpf, Michael From: Bell, Beverly [Beverly.Bell@ruden,com] on behalf of Miskel, Bonnie [Bonnie. Miskel@ruden.com] Wednesday, August 16, 2006 3:28 PM Rumpf, Michael The Arches (MSPM 05-008) (letter attached) Sent: To: Subject: Attachments: DOCOOO.PDF -m DOCOOO.PDF (230 KB) Beverly Bell Legal Secretary Ruden McClosky 200 East Broward Boulevard Suite 1500 Fort Lauderdale, FL 33301 Direct 954-527-6246 I Fax 954-333-4246 Beverly.Bell@ruden.com I www.ruden.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. -----Original Message----- From: FTL XEROX Account Sent: Wedne <<DOCOOO.PDF>> sday, August 16, 2006 3:23 PM To: Bell, Beverly Subject: Scanned documents from CentreWare Network Scanning This document was sent to you using CentreWare Network Scanning. 1 ~f, Michael From: Sent: To: Subject: Rumpf, Michael Wednesday, August 16, 2006 3:51 PM 'Miskel, Bonnie' RE: The Arches (MSPM 05-008) (letter attached) Bonnie, Received. Thank you for a complete letter requesting the extension and explaining progress to date and justification for current timing. Please remit the application fee of $400 as soon as possible, and any modification to the project which represent a change to the approved site plan should be submitted in the form of a request for a minor site plan modification to the Planning & Zoning Division prior to submitting for building permits. The changes would be reviewed for major/minor determination at that time and if "minor", they would be reviewed administratively prior to issuance of the permit. Lastly, as the letter does not indicate on whose behalf it has been submitted (property owner), nor signed by a property owner, we should have a document for the file from the owner recognizing this request and authorizing it accordingly. Please contact me should you have any questions. Thank you, Michael Rumpf Planning & Zoning Director City of Boynton Beach 561-742-6260 -----Original Message----- From: Bell, Beverly [mailto:Beverly.Bell@ruden.com] On Behalf Of Miskel, Bonnie Sent: Wednesday, August 16, 2006 3:28 PM To: Rumpf, Michael Subject: The Arches (MSPM 05-008) (letter attached) Beverly Bell Legal Secretary Ruden McClosky 200 East Broward Boulevard Suite 1500 Fort Lauderdale, FL 33301 Direct 954-527-6246 I Fax 954-333-4246 Beverly.Bell@ruden.com I www.ruden.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. -----Original Message----- From: FTL XEROX Account Sent: Wedne <<DOCOOO.PDF>> sday, August 16, 2006 3:23 PM To: Bell, Beverly Subject: Scanned documents from CentreWare Network Scanning 1 .. < 'f: , '. " .,9. f f 1<::"l4 ' Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 1/ (ALigust 16, 2005') "--- ' '<' ,// _..,-..,"~,..,,-._-' Motion Vice Mayor McCray moved to approve NWSP 05-025, Interstate Sign Crafters' request for New Site Plan approval. Commissioner McKoy seconded the motion that passed 5-0. E. Ratification of CRA Action: 2. Arches (MSPM 05-008) Request major site plan modification approval for the construction of a large scale mixed-use project consisting of 378 dwelling units and 38,500 square feet of retail on f4.68 acres in the Mixed Use-High (MU-H) zoning district. Mayor Taylor opened the fioor to the public, and closed it when no one came forward to speak. City Attorney Cherof swore in the persons who would be speaking on the quasHudicial Consent Agenda items E-l and E-2. He then reviewed the quasi-judicial procedures. City Attorney Cherof stated that since the site plan was being considered before the rezoning, the site plan would contain an additional condition indicating that any approval would be subject to approval of the rezoning. The Commission wanted assurance the applicant acknowledged this and had no problem with it. Bonnie Miskel, attorney for the applicant, said the applicant did acknowledge the subject condition to the extent that the rezoning was required for the total density that was before the Commission. If less density was ultimately constructed, the zoning issue would no longer be needed. Ms. Miskel summarized the changes from the original plan approved by the City Commission. She offered to display a PowerPoint presentation following her summary, if requested. The primary difference between this site plan and the one the Commission originally approved was the addition of three parcels. Subsequent to the original approval, her client acquired the three parcels located on the northwest portion of the project, squaring it of and making it a more cohesive site. The previous plan provided for the retail along the major thoroughfares but also had some interior space. The current plan eliminates the interior space from a marketing perspective and locates the retail along the major frontages including S.E. 4th Street, Ocean Avenue, and Federal Highway. The trash removal room formerly located on Ocean Avenue had been relocated to a place that would be less visible. The retail originally provided for 167 parking spaces. They had increased that to 202 spaces. The location of those spaces was previously located on multiple fioors of the parking garage. They now have located 127 spaces on the first fioor, which they think is 17 -. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 16, 2005 more desirable for patrons. The old plan only had 42 spaces on the first floor. The parking garage was originally 7 levels and this one is 5 levels. They had expanded surface garage parking and modified traffic patterns within the parking garage to make them less tight and safer. The new plan eliminated 20 spaces on the fifth floor to add additional landscaping. They originally had two or three small public plazas and now have at least that many but had more than doubled the main public plaza on the corner of Ocean Avenue and Federal Highway. They originally had a small fountain feature located on the extreme northeast corner of the site. The fountain had now been expanded to make it more consistent with the size of the public plaza it is serving and is approximately 18 feet by 18 feet. The fountain will be a significant feature and now affords some seating, which was not previously provided. The new project adds 102 residential units, which equates to approximately $40M in additional tax revenue. From an economic standpoint, this plan is a significant improvement over the one previously approved. The Commission agreed that they did not need to see the PowerPoint presentation. Ms. Miskel thanked City staff for the extraordinary effort they had made to help them get this project before the Commission. Staff's recommendations were very helpful and the applicant was very thankful for the opportunity to work with staff on this project. Mayor Taylor asked Ms. Miskel if the applicant was in agreement with the 81 conditions of approval. Ms. Miskel said yes, as modified and approved at the CRA hearing. The applicant also agreed to the additional condition making any approval contingent on the approval of the yet-to-be-heard rezoning and abandonment items. Commissioner Ensler asked for status on the rezoning. He thought it was important to allow the developer to move ahead as soon as possible. Ms. Miskel said the item would be heard by the CRA on August 30 and at the Commission's first meeting in September. If approved at this meeting, it was her client's intention to start work immediately on the permit plans. Mr. Rumpf agreed that this was the case and that the items were the land use amendment and rezoning package and the abandonments. They had been scheduled as quickly as the advertising requirements would allow. Motion Commissioner Ensler moved to approve Consent Agenda Item E-2, the modified site plan for the Arches project. Commissioner Ferguson seconded the motion. The motion passed 5-0. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL L v ,( ".~ -1 ,{ , ,,( $' r f;o< / ' ,r'-:/ /' September 6, 2005 \) --- -" Vice Mayor McCray wanted to make sure the Federal Highway signals would be synchronized with the new signal on Woolbright Road to avoid traffic congestion. Mr. Livergood acknowledged that the signals needed to be coordinated. Mr. Garcia requested he be provided time to discuss this with the owner of the shopping center. Mr. Bressner recommended that Mr. Garcia speak with the Mr. Riva. Attorney Cherof read proposed Ordinance No. 05-049 by title only. Motion Vice Mayor McCray moved for approval of proposed Ordinance No. 05-049. Motion seconded by Commissioner Ferguson. Deputy City Clerk Pyle called the roll and the motion passed 5-0. Motion Vice Mayor McCray moved to approve the site plan for Uptown Lofts @ Boynton Place (NWSP 05-021). Motion seconded by Commissioner McKoy. Motion carried 4-1 (Commissioner Ferguson dissenting). Attorney Cherof pointed out the motion included the 74 conditions of approval set forth in the proposed development order. B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (LUAR 05-008) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SE corner of intersection of Ocean Ave and SE 4th St. Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C) (1st Reading of Proposed Ordinance No. 05-050) Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) (1st Reading of Proposed Ordinance No. 05-051) Proposed Use: Addition to an approved mixed-use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space. C. PROJECT: AGENT: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 OWNER: LOCATION: DESCRIPTION: D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Ventures I, LLC SE corner of intersection of Ocean Ave. and SE 4th St. Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-052) Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SE corner of intersection of Ocean Ave. and SE 4th St. Request for abandonment of a portion of an alley (Southeast 1st Place), located immediately east of SE 4th Street, in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-053) Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC SW corner of Ocean Avenue and Federal Highway Request for abandonment of a portion of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. (1st Reading of Proposed Ordinance No. 05-054) Attorney Cherof requested that the items be heard simultaneously. He inquired if Item E had been withdrawn and was informed it had not. Attorney Cherof administered the oath to all persons that would be testifying and explained the process for quasi-judicial matters. Bonnie Miskel, Attorney on behalf of the petitioner, acknowledged for discussion purposes, the items were being combined. Ms. Miskel pointed out the Arches project was before the Commission a few months ago with a site plan that included the entire two blocks. Last year, the Commission also saw a version of the project, but it was minus the three parcels that comprised the northwest corner of the overall project. Since the original approval, Ms. Miskel's client has acquired these additional parcels and they are coming back with a site plan that included the entire parcel. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 The land use amendment would make the site consistent with the land use and zoning of the balance of the site. It would also be consistent with the Comprehensive Plan, the CRA Federal Highway Corridor and the site plan previously reviewed and approved by the Commission without any changes or modification. Ms. Miskel said this was a clean- up item from what was previously presented. The applicant is also requesting that the street that bisects the project be abandoned. The original plan viewed by the Commission over a year ago had the street remaining. The plan the Commission approved a few months ago is entirely different and covers that area to make the street no longer necessary. This is the applicant's first abandonment request, which is a portion of SE 1 st Avenue between, Federal and SE 4th Ave. The second request for abandonment is for a portion of an alleyway. The east half of this alley was abandoned in the original plan, since it was part of the project. With the addition of the northwest corner of the site, the applicant would like to eliminate the entire alley. Ms. Miskel reported this too was a clean-up item and is consistent with the approved site plan. The third request for abandonment, that staff disputes, is a request to abandon the sidewalks. Ms. Miskel said they are asking the City to abandon the public dedication that was done by plat and in exchange the City would get the sidewalks back in the form of a public sidewalk easement. Everything would remain as it exists today. The sidewalk would continue to be used for public use. The difference is that the fee simple title under the property would revert back to Ms. Miskel's client; the obligation to maintain the sidewalks would become her client's obligation; and the liabilities that come with the sidewalk become her client's liabilities. Public access would not be impeded and would remain as it had in the past. Ms. Miskel pointed out they are asking the City to vacate the sidewalks along 2nd Avenue, 4th Street and Ocean Avenue. They have removed Federal Highway from their request to vacate. This equates to giving back approximately 9,500 square feet of sidewalk. In exchange, they are offering the City over 11,000 square feet of sidewalk. This would include the 9,500 square feet that the City would give back through abandonment, plus sidewalk that currently is not public in the northwest part of the site that the City did not previously have. They will also be giving the City some additional on-site parking spaces along 2nd Avenue. These spaces are not part of the project's parking count and they do not need them to satisfy their site plan requirements. Ms. Miskel pointed out that the 11,000 square feet they are offering the City does not include the public portion. Ms. Miskel recalled the site plan included a very large plaza on the northeast corner of the site that is approximately 17,500 square feet and will serve as a City public park. This has been included in the site plan and will be constructed pursuant to site plan approval. This is another amenity they are offering the City. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 Ms. Miskel considered this an exchange and not a typical abandonment. Staff was concerned that this might set a precedent, which Ms. Miskel did not agree with. They are giving more than what they are asking for. She noted many cities allow sidewalks to be given by easement. Attorney Cherof referred to a letter from Ms. Miskel's firm that indicates a formal withdrawal of a request to abandon sidewalks on the property's Federal Highway frontage. Ms. Miskel confirmed this was correct. Originally, they asked for the sidewalks on the four street frontages, but now are only asked for the sidewalks along 2nd Avenue, 4th Street and Ocean Avenue. The request for the Federal Highway sidewalk has been removed from their request. Attorney Cherof pointed out that Federal Highway is included in Item E on the agenda and that is why he had asked earlier jf that was the subject matter of their letter requesting withdrawal. Ms. Miskel acknowledged that Item E included all four street frontages and Attorney Cheraf was correct that a portion of Item E had been withdrawn, but not all of Item E. Attorney Cherof remarked the City Code requires the Commission to opine that there is no public purpose for property being abandoned. If the applicant were dedicating the abandoned sidewalks to the City, would this presuppose there is a public purpose for the sidewalks? Ms. Miskel interpreted this to mean there was public purpose for the abandoned sidewalks being a platted dedication and they feel this does not apply because a sidewalk easement would satisfy all the requirements of the City and provide additional benefits to the City. Vice Mayor McCray inquired if any underground utilities were involved in the abandonment. Ms. Miskel reported they have received letters from the utilities and if any utility required relocation, they would be responsible for that. Attorney Cherof requested that staff address the issue of how the abandonment issue impacts the density issue. Dick Hudson, Senior Planner, said he would be addressing the land use amendment and rezoning first. Mr. Hudson announced that staff recommends approval of the Land Use Amendment and Rezoning. The addition of the property would provide the applicant with a redevelopment covering two entire City blocks that will make a more complete the project. The Land Use Amendment and Rezoning are consistent with applicable Comprehensive Plan Policies and the Federal Highway Corridor Redevelopment Plan. Ed Breese, Principal Planner, announced that staff supports the street abandonment and the remainder of the alley abandonment that is within the development with conditions regarding easements and relocation or encasing of the utilities, at the applicant's expense. 22 .. Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6, 2005 The City is opposed to abandonment of the sidewalks and the City bases abandonments on whether the right of way to be abandoned still serves a purpose for which it was designed. Staff feels that the sidewalks serve that purpose. Mr. Breese pointed out that Planning and Zoning and Engineering are recommending denial of the sidewalk abandonments. The sidewalks are along the periphery of the project and are not within the project. Mr. Breese pointed out that the abandonments would provide the applicant with additional dwelling units. Further, staff feels abandoning the sidewalks simply to allow the developer to have more units would amount to a giveaway of public property without compensation. Staff feels this would set a dangerous precedent and would result in other developers expecting the same type of giveaways from the City. Mr. Breese also noted the applicant indicated they would be giving the City a plaza and additional sidewalk that the City does not currently have are actually conditions staff required, Commissioner Ensler inquired if the CRA approved the sidewalk abandonments and Mr. Breese reported it was approved on a 4-3 vote. Mayor Taylor noted under comments it states if the City Commission approved the abandonment request, the applicant would have to provide executed easements satisfactory to the City Attorney prior to issuance of the first permit. Mr. Breese responded whenever staff makes a recommendation of denial, if the Commission recommends approval, staff provides conditions or other things they would like to see in the recommendation for approval. Mayor Taylor opened the public hearing. Herb Suss, a resident of Quail Run, reiterated his desire for affordable housing units in all new developments. Commissioner Ensler pointed out that the CRA has plans for affordable housing. Mayor Taylor closed the public hearing. Mayor Taylor was of the opinion that the abandonment of the sidewalks was a policy issue to be decided by the Commission. He also noted that this is done in other cities and he felt the City would receive more than what they were giving. Attorney Cherof read Proposed Ordinance No. 05-050 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-050. Motion seconded by Commissioner Ensler. 23 .' Meeting Minutes Regular City Commission Meeting Boynton Beach, FL September 6,2005 Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherot read Proposed Ordinance No. 05-051 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-051. Motion seconded by Commissioner Ferguson. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherot read Proposed Ordinance No. 05-052 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-052. Motion seconded by Commissioner Ensler. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-053 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-053. Motion seconded by Commissioner McKoy. Deputy City Clerk Pyle called the roll. The motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 05-054 by title only. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 05-054. Motion seconded by Commissioner McKoy. Deputy City Clerk Pyle called the roll. The motion carried 4-1 (Commissioner Ferguson dissenting) . IX. CITY MANAGER'S REPORT: None. 24