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Minutes 10-01-02t4ZNUTES OF THE REGULAR CTTY COt4MZSS]iON MEET]~NG HELD ZN COt44t4]iSS]iON CHAMBERS~ C]~TY HALL, BOYNTON BEACH, FLOR[DA ON TUESDAY~ OCTOBER 1~ 2002 AT 6:30 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Wilfred Hawkins, Assistant City Manager .]im Cherof, City Attorney Bonnie Glinski, Deputy City Clerk :[. OPENTNGS: A. Call to Order - Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. l~nvocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Fisher Rev. Cook gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Fisher. D. 1'F YOU WI'SH TO ADDRESS THE COMM1'SSt'ON: · FZLL OUT THE APPROPRTATE RE(~UEST FORM · GZVE ZT TO THE CTTY CLERK (ON THE DAZS) BEFORE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODZUt4 WHEN THE t4AYOR CALLS YOUR NAME THE :[ND]:Vt'DUALS MAY SPEAK FOR THREE UN:INTERRUPTED M:[NUTES. E. Agenda Approval: Additions, Deletions, Corrections None 2. Adoption Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Motion Commissioner Ferguson moved to approve the Agenda. Commissioner McCray and unanimously carried. Motion seconded by II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS PRESENTATTONS WILL BE LIMITED TO 3-MINUTE Herb Suss, a resident of Boynton Beach, remarked about the article in the ,~a/,,~ Beac,~ Postregarding one of the Commission candidates. He did not approve of the "legal loop hole" that allows people to run for office and felt it was unethical. He urged that the citizens pass the one-year residency requirement that will appear on the November ballot. Maggie Woodall, 2616 SW 5th Street, Boynton Beach, stated that the residents have not received answers from Bethesda Hospital regarding the rezoning issues. She also questioned why only 4th Street residents were invited to attend the previous meetings at the Hospital. They have not been provided with any direct answers to their questions. Ms. Woodall presented a letter sent to Mr. Kurt Bressner from Nancy Washington that is included with the original minutes of the meeting on file in the City Clerk's Office. The letter contained the questions that she felt were not properly answered. Ms. Woodall would like assurances that the rezoning changes are done in accordance with the minutes. She also requested that residents be notified whenever Bethesda issues are on the agenda. She would like to see better communication among the parties because this is an important issue to the residents. Vernon Blake, 84 Baytree Circle, Boynton Beach, also spoke about the article in the Pa/m Beac/~ Post regarding the candidate that lived in District 2, but is now running for Commissioner in District 4. He asked for an explanation of the "loop hole" and asked how the City is going to prevent this from happening in the future. Mayor Broening responded that there is a question that will appear on the November ballot that will clarify residency issues. Mayor Broening explained that there is no provision for the City to check residencies. He pointed out that it is a third class felony to misrepresent your residency and this is really a State issue. Tf anyone has evidence that a violation of State law has taken place, a complaint should be filed with the Election Commission, not with the City or the Supervisor of Elections. Commissioner McCray pointed out for clarification purposes that there are two candidates running in District 2. Commissioner McCray is the incumbent in that District and Gene Moore is the other candidate and that the discrepancy is in District 4. Meeting Minutes Regular City Commission Boynton Beach, Florida October ~L, 2002 Trent Ward, 3102 Palm Drive, Boynton Beach, asked if there was an update regarding Barcelona Pre-cast. Mayor Broening said he would speak with Mr. Ward after the meeting and informed him that they received a letter from Barcelona's Attorney. Royce .1ones, 3104 Palm Drive, Boynton Beach, lives directly behind Barcelona Pre- Cast. Mr. Jones stated that Barcelona Pre-Cast has not paid taxes and has deceived the City regarding the operation of their business. They have not received the proper permits to operate a business and have had the property homesteaded. Mr. Jones would like this problem resolved as soon as possible for the community's sake. City Attorney Cherof said that the City was advised by the Attorney for the property owner and the operator of Barcelona Pottery that they intended to cease and desist the operation and to move the manufacturing off site. City Attorney Cherof met with their representatives this week, but their timing was not satisfactory to the City. City Attorney Cherof is recommending to the City Manager to proceed with a court action. This will come before the Commission for authorization. Mr. Jones inquired how long this process would take. City Attorney Cherof responded that once the lawsuit is authorized by the Commission it would take a matter of days; however, the process itself is difficult to judge. City Attorney Cherof recommended that Mr. Jones consult with his attorney about interceding in the lawsuit. The Public Audience was closed. III. OTHER: A. Informational Items by Members of the City Commission Commissioner Fisher asked what a cease and desist order would allow the City to do on the property. City Attorney Cherof responded that the City issuing a cease and desist order would really have little effect. In order to have a business owner cease and desist its operations, an order would have to come from the Courts. Commissioner McCray invited the community to attend the St..lohn Missionary Baptist Church on Sunday, October 13th at 4:00 p.m. to attend the installation service of their Pastor, Reverend Lance Chaney. Commissioner McCray commended the Fire Department for their participation at the 9- 11 ceremonies, especially the color guard. He also thought that the newspaper was excellent and commended them for a job well done. Commissioner McCray also thanked the Police Department for disseminating magazines and badges at the Toys R Us Store that his great-nephew really enjoyed. The Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 employees at Toys R Us complimented the Police Department on doing a wonderful job and would like them to come back. Commissioner McCray reported that he received a call from a citizen at 8:00 a.m. today. He advised the caller to contact the City Manager's Office, Ms. Costello of the City Manager's Office forwarded the complaint to Scott Blasie of the Code Compliance Division. Mr. Blasie went to the home of this individual and within one hour the situation was solved, Commissioner McCray was very proud of these Departments that represent the City so well and thanked them for their hard work. :IV. ADMINTSTRAT~VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date IV Fisher Children & Youth Advisory BdStu/Reg/Voting i yr term to 4/03Tabled (3) Mayor Broening Children & Youth Advisory BdStu/Reg/Voting 1 yr term to 4/03Tabled (3) ! Weiland Children & Youth Advisory BdStu/Reg/NonVoting i yr term to4/03 Tabled (3) ! Weiland Bldg, Bd of Adj & Appeals Alt ! yr term to 4/03Tabled (2) ! Weiland Community Relations Board Alt 1 yr term to 4/03Tabled (3) :IV Fisher Education Advisory Board Stu i yr term to 4/03Tabled (3) Mayor Broening Education Advisory Board Stu 1 yr term to 4/03Tabled (3) 1!1 Ferguson Library Board Alt I yr term to 4/03 IV Fisher Library Board Reg 3 yr term to 4/03 III Ferguson Nuisance Abatement Board Alt 1 yr term to 4/03Tabled (3) Commissioner Fisher appointed .]ulie Claude as a Regular Voting Student of the Advisory Board on Children and Youth with a term expiring in April 2003. Vice Mayor Weiland appointed Sarah Dye as an Alternate Member of the Community Relations Board with a term expiring in April 2003. All other appointments were tabled. Motion Commissioner Ferguson moved to approve the appointments. Motion seconded by Commissioner McCray and unanimously carried. Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 V. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: None B. Presentations: 1. Proclamations: a. "City of Boynton Beach General Election" - November 5, 2002 Mayor Broening read a summary of the Proclamation declaring that a General Election would be held in the City of Boynton Beach, Palm Beach County, Florida on November 5, 2002 to elect one City Commissioner for District 2 and one City Commissioner for District 4 to serve a two-year term expiring in November 2004. A special referendum will be held at the same time and all voters will be receiving the amendments in the mail. b. "Fire Prevention Week" - October 6-12, 2002 Mayor Broening read the Proclamation declaring the week of October 6 through 12, 2002 as Fire Prevention Week and presented the Proclamation to Fire Chief Bill Bingham. Fire Chief Bingham thanked the Mayor and the Commission. He announced that the Fire Rescue Expo would take place at the Boynton Beach Nail on Saturday, October 12th from 11:00 a.m. until 3:00 p.m. Several representatives from the Fire Department will be present, along with Sparky, the Trauma Hawk and some Fire Department equipment Interactive displays would be set up. Fire Chief Bingham invited everyone to attend. c. "National Customer Service Week" - October 7-11, 2002 Mayor Broening read the Proclamation declaring the week of October 7 through 11, 2002 as National Customer Service Week and asked Assistant City Manager Hawkins to join him at the podium. Mayor Broening thanked all employees for providing superior services. Mr. Hawkins presented the Proclamation to .leanette Taylor and Sam Reep, employees of the City's Customer Relations Department. Ms. Taylor presented tee shirts and "jazz for customers buttons" representing National Customer Week to the Mayor and the Commissioners. Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 VI. PUBLZC HEARZNG: AGENDA PERMZTS 6:30 P.M. OR AS SOON THEREAFTER AS THE A. Project: Agent: Owner: Location: Description: Proposed Use: The Harbors (LUAR 02-005) (r oz£ ro ocroo s. .lennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from (C-3) Community Commercial to (1PUD) Infill Planned Unit Development Development of 54 fee-simple townhouses Project: Agent: Owner: Location: Description: Proposed Use Merano Bay (LUAR 02-006) ("TABZ~O TO CRA ,V~"XNG OF OCTOBER 8~ aooa) Autozone, Inc. Southeast corner of Shore Drive and Federal Highway Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to IPUD Infill Planned Unit Development 20-unit fee simple Town homes and related site improvements VIZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. Agenda Preview Conference of September 12, 2002 Special City Commission Meeting of September 12, 2002 Special City Commission Meeting of September 17, 2002 Regular City Commission Meeting of September 17, 2002 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1~ 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Extend the "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM" Bid #069-2821-01/0]D, to INVENSYS METER SYSTEMS (formerly known as Sensus Technologies, Inc,) for an additional five years for an estimated annual expenditure of $1,000,000 Approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HEIL ENVIRONMENTAL INDUSTRIES with an estimated annual expenditure of $50,000 Approve the PURCHASE OF MISCELLANEOUS PARTS AND COMPONENTS FOR THE RADIO TELEMETRY SYSTEM from DATA FLOW SYSTEMS on an "as-needed basis" with an estimated annual expenditure of $90,000 Approve the "piggy-back" of LAKE COUNTY CONTRACT #99-150 for the PURCHASE OF A FIRE RESCUE APPARATUS CONSISTING OF A PIERCE 61' SKYBOOM ON A DASH CHASSIS (WITH OPTIONS) from PIERCE MANUFACTURING INC. in the amount of $555,142 Award of bid for the sale of the 4COP Liquor License held in escrow by the City, in the amount of $55,250, to Realty Masters, d/b/a The Fraticelli Companies, Inc. Commissioner Fisher removed Item B-5 for discussion. Accept the proposal from Partner Plus, Inc. for the Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR AND negotiate the terms of a lease agreement. Annual lease payments will be made to the City of Boynton Beach C. Resolutions: Proposed Resolution No. R02-171 Re: Approving the LICENSE AGREEMENT, COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT, and THE SUPPORT AGREEMENT FOR THE PURCHASE OF A POINT-OF-SALE SYSTEM (POS) from INTEGRATED BUSINESS SYSTEMS, INC. (I.B.S.) - for Golf Course Proposed Resolution No. R02-172 Re: establishment of a CRA Operating Account Approving the 7 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 D. Ratification of Planning & Development Board Action: Quantum Park and Village North (SBMP 02-002), North of Gateway Boulevard, West of High Ridge Road - Request for Master Site Plan Approval with waivers for 103,844 square feet of office/retail (including six rental apartments) and 136 fee-simple townhouse units on 22.50 acres in the Quantum Park DR:[ 2. Intentionally left blank New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one- story (240 seat) church on a 1.9-acre parcel Commissioner Ferguson removed Item D.3 for discussion. E. Ratification of CRA Action: The Harbors (NWSP 02-O12), 2300 North Federal Highway - Request to construct 54 fee-simple townhouse units on 3.21 acres (Site Plan Approval) Approve the donation of $1,000 to Florida Missing Children from the Law Enforcement Trust Fund Authorize payment to Florida East Coast Railway Co. LLC in the amount of $28,394.56 for crossing upgrades at SE 5th Avenue Motion Commissioner Ferguson moved to approve the Consent Agenda. Motion seconded by Commissioner McCray and unanimously carried. B,5, Award of bid for the sale of the 4COP Liquor License held in escrow by the City, in the amount of $55,250, to Realty Masters, d/b/a The Fraticelli Companies, :[nc. Commissioner Fisher inquired if this was the license that the City acquired when the City purchased Morey's Lounge and that it applies to liquor only. Mayor Broening confirmed this was correct. Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Motion Commissioner Fisher moved to approve Item B.5. Motion seconded by Commissioner McCray and unanimously carried. D,3, New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel Commissioner Ferguson asked staff to report on the road problems. Mike Rumpf, Planning and Zoning Director, clarified certain information that may not have been disclosed to the Planning and Development Board when they heard the item. The road is deficient and narrow and needs to be improved. The road is a 30' right-of-way, but there is a power pole in the road. Mr. Rumpf explained that when the Planning and Development Board heard the item, Condition #8 was to have required that the roadway be upgraded to minimum standards and that the remainder of the road would have to be improved with infrastructure improvements. Mr. Rumpf further stated that it was never agreed to that the City would perform this work and that it would have to be a condition of approval of the project, which was clearly communicated to the applicant. Mr. Rumpf reiterated that Condition #8 was to include the entire segment of the road and requested that the Commission support staff's original conditions by eliminating Condition #24. Commissioner Fisher inquired if this was a private road, and Mr. Rumpf stated it was a public road. For clarification, Commissioner Fisher inquired if staff was requesting that the applicant pay for the remainder of the road improvements and Mr. Rumpf confirmed this because the project would result in an increase and demand on the road. Mr. Rumpf stated that the 30' right-of-way could accommodate safe access and drainage requirements. Commissioner Fisher inquired about the cost of the improvements. Mr. Rumpf stated that City staff has not done any cost estimates. Mayor Broening asked if the road could be a shellrock road and Mr. Rumpf responded that the road must be paved. Vice Mayor Weiland pointed out that the applicant is a non-profit church and the road is a public road. Tn many instances when a business opens up that would generate additional traffic, some businesses were required to pay various fees or make street improvements. He felt this would be a burden on the church to improve a public road. Vice Mayor Weiland would like the City to assist the applicant. Alfred Daise, the general contractor for the Church, said that at no point in time did they agree to include and expand Hoadley Road. He stated that the Planning and Development Board felt it was the City's responsibility to fix the problem that the Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 residents had been complaining about for years. Mr. Daise was under the impression that the City would be making the repairs to the road. Commissioner Fisher asked why the City was asking the applicant to pay for repairs to a public road, regardless of the type of business. Mr. Hawkins responded that it is not unusual for the City to require these types of improvements because the additional traffic that would be generated was the result of the applicant's church. Commissioner McCray did not feel that a non-profit organization should be responsible for these types of improvements. Jeffrey Livergood, Director of Public Works, said that the City does not discern between private and not-for-profit entities. When staff deals with developers, they look at the public impact and the costs. Mr. Livergood pointed out that the current roadway is between 12' to 13' wide and serves three homes. Tt is sub-standard, but it does suffice as a driveway access to three homes. If a church were placed at the end of the road, it would probably generate at least several hundred vehicles traversing that roadway. He noted that the roadway needs to be improved, and whoever pays for it is a decision of the Commission. Mr. Daise pointed out that the Church has agreed to a great number of conditions to move the project forward. One of them includes putting in a turnaround for emergency vehicles, which in effect amounts to putting in part of the road within the 30' right-of- way. They are also extending the line for the fire hydrants from Velaire Drive to their property and are putting in additional fire hydrants as well. Mayor Broening felt that some type of compromise could be worked out. He thought that a shellrock road could provide an immediate improvement, as well providing a permeable surface so that the water could be absorbed. Mayor Broening also suggested cutting back the width of the road. He felt that the costs could be shared and at sometime in the future the road could be permanently improved. Mr. Livergood said that the roadway should be paved to cut back on dust complaints. He pointed out that there are funds available in the capital program for roadway maintenance. Commissioner McCray asked about the costs because he felt that the applicant was not informed at the Planning and Development Board hearing that they would be responsible for the roadway repairs. Mayor Broening asked for an estimate of the costs and Mr. Livergood responded that for asphalt it could be anywhere between $5,000 to $7,000. Commissioner Fisher recommended approving the entire project, except for the roadway, which could be worked out between the applicant and staff and brought back to the Commission for approval. City Attorney Cherof stated if this procedure was taken, a development order could not be issued. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Commissioner Fisher recommended tabling the case for two weeks to work out this issue. The applicant said it would be detrimental to them if the case were tabled. Vice Mayor Weiland inquired how the current road affected the homes and does this section of the road also need work. Mr. Livergood said it would be desirable to improve the width of that roadway as well to a minimum of 22'. Commissioner Ferguson asked the applicant what was the cost of the project and was informed it was approximately $650,000. Commissioner Ferguson asked the applicant if he would be willing to share in the costs of the road and the applicant agreed to table the item for two weeks to work out these issues. Motion Commissioner Fisher moved to table to the next Commission Meeting. Motion seconded by Commissioner McCray and unanimously carried. Commissioner Fisher requested that staff have available at the next meeting what the costs would be to repair and resurface the road. Mr. Hawkins also said that they would bring back some recommendations on budgeting. Commissioner Fisher also asked what the costs for a 22' and a 30' road would be, as well as shellrock versus pavement. Mr. Rumpf reported that he had been informed that the applicant had been told by staff several times that it would be a condition of approval that the improvements would be an obligation of the applicant. He was not sure, however, if they had agreed to this. VIII. CITY MANAGER'S REPORT: Review performance of Smith, Ballard & Logan, P.A. as City legislative consultant and either authorize renewal of agreement or authorize staff to accept proposals for similar services Mr. Hawkins reported that based upon the City Manager's review, staff is recommending that the contract with Smith, Ballard & Logan be renewed. Staff feels that there is an advantage to having a lobbyist that can work with the City at the State and National level and staff is satisfied with the service that has been provided. Vice Mayor Weiland said he requested that the item be placed on the agenda for review and he feels there is an advantage to having a lobbyist in Tallahassee. He was questioning, however, whether it was time that the City looked at other firms to see what was available and the costs. Vice Mayor Weiland reported that there is a $40,000 retainer fee, as well as $195 per hour fee for additional services. He asked if the City has gone beyond the retainer fee and is now being charged the $195 hour fee. 11 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Commissioner Fisher pointed out that the Legislative Session would be starting in .lanuary and he did not think it would be feasible at this time to change lobbyist. He felt that the Commission could look into other firms and costs with an eye towards next year. Commissioner Fisher pointed out that Smith, Ballard knows Boynton Beach and its needs and concerns. With regard to saving money, Commissioner Fisher said that Boynton Beach is being charged less than other municipalities. He also pointed out that Smith, Ballard and Logan are very powerful lobbyists in Tallahassee. Vice Mayor Weiland noted that these same issues were discussed last year. He questioned why the contract had not been brought to the Commission six months ago so that they could have acted earlier and not waited until seven days before the contract automatically renewed. Commissioner Fisher suggested scheduling the item for an April Commission Meeting. Commissioner Ferguson asked if the City has gone over the $40,000 retainer amount. IVlr. Hawkins was not aware that the $40,000 has been exceeded, but he would check into it. Motion Commissioner Fisher moved to approve the contract for an additional year. Notion seconded by Vice Mayor Weiland and unanimously carried. ZX. FUTURE AGENDA ZTEMS: Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled to November 19, 2002 FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TAB) X. DEVELOPMENT PLANS: None 12 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1~ 2002 XI. NEW BUSINESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances- :Lst Reading Proposed Ordinance No. 02-052 Re: Amending the Land Use Element of the Comprehensive Plan for :~.43 acres of land from Low Density Residential to Public &, Private Governmental/Institutional (Bethesda Hospital Physician Parking) City Attorney Cherof read proposed Ordinance No. 02-052 by title only. Commissioner Fisher asked for clarification regarding access from 4th Avenue. City Attorney Cherof responded that this is dealt with in the rezoning ordinance that is the next item. City Attorney Cherof pointed out that there is a handout that completely summarizes the issue of access so that there would be no disruption or interference with the neighborhood. Mr. Rumpf stated that he has been working on this with Legal and representatives of Bethesda Hospital and what needs to be done is to find suitable language that would provide peace to the neighbors, as well as providing for some flexibility for the equipment on the site due to the overhead power lines. It has been suggested by Bethesda that these arrangements be tied in with the site plan process. The language is acceptable to staff. Commissioner Fisher asked if staff still stood by their recommendation that the change in the land use does not meet the qualifications needed and IVlr. Rumpf responded that their recommendation would stand as is. Commissioner Fisher noted that if the case went to court, staff would have to state that it does not agree with the City. Mr. Rumpf stated that the language provided today is much more acceptable. City Attorney Cherof reported that staff received language early this evening, which the Commission has not seen, and he would not recommend making any amendments tonight. The amendments should be made to the revised document when it is presented on second reading. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Commissioner Fisher felt that the Commission needs to make a decision on whether the City wants to go to Court on this issue knowing where staff stands on this. Mayor Broening called for a motion. Motion Commissioner McCray moved to approve Proposed Ordinance No. 02-052 on first reading. Motion seconded by Vice Mayor Weiland. Commissioner Fisher did not want to see the City spend taxpayers' money on a lawsuit so that doctors could have a place to park. He pointed out that staff does not agree with the conditions and this makes no sense to him. Mayor Broening noted that a lawsuit is premature since there hasn't been a second reading on the Ordinance and called for the roll. Vote Deputy City Clerk Glinski called the roll. F~rgu~on and F/~h~r d/s~en~'ng.) The motion passed 3-2 (Comm/ss/oners Proposed Ordinance No. 02-053 Re: Rezoning a 1.43-acre parcel from R-l-AA (Single Family Residential) to PU (Public Usage) (Bethesda Memorial Hospital Physician Parking) City Attorney Cherof read proposed Ordinance No. 02-053 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 02-053. Motion seconded by Vice Mayor Weiland. Commissioner Ferguson called attention to Paragraph 2(e) of the Ordinance that states that the applicant would not acquire any additional property to the west or north of the properly. He asked why "south" was not included. Motion Commissioner Ferguson moved that "south" be added to Paragraph 2(e) as an amendment to the original motion. Commissioner Fisher seconded the amended motion. City Attorney Cherof said that the Commission could amend the sub-section to include "south" in addition to west and north. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Vote Deputy City Clerk Glinski called the roll. The motion passed 4-1 (CommissionerF/sher d/ssenting.) Proposed Ordinance No. 02-054 Re: Amending the Quantum Park DR[/Master Plan to change the permitted use on lot 89B from "Office ]ndustrial" (O:[) to "Nixed Use" (MU); Lot 3 from "]ndustrial" (:[ND) to "Office :Industrial" (O:[); and Lot 34-C from "Reserved" to "Open Space/Detention" City Attorney Cherof read proposed Ordinance No. 02-054 by title only. Vice Mayor Weiland inquired if Lot 89B was included in the Ordinance. Lusia Galav, Principal Planner, stated that Lot 89B is a request in the NOPC and until the NOPC is adopted, the master site plan cannot be adopted. Vice Mayor Weiland noted that Lot 89B is next to the Tri-Rail station and other industrial operations, which seems out of place. Representatives of Quantum Park explained to him that they have been having difficulty marketing this piece of property because of the shape of the lot. He was not against putting residential on the west side of High Ridge Road, but he could not agree with placing residential on the east side of the road. Ns. Galav pointed out that staff is not recommending approval of the request in NOPC 13. The applicant has requested changing Lot 89B from office and industrial to mixed use. Staff feels that the lot is an isolated lot, surrounded by office and industrial property, and is not logically connected to the other mixed-use lots. The applicant wants to place an additional 39 town homes on Lot 89B. Ms. Galav noted that under the consent agenda, the Commission approved Quantum Village North that included 136 town homes, six rental units, plus the commercial portion. Ns. Galav pointed out that the connection to lot 89B is across High Ridge Road, which is a four-lane divided highway with no plans for additional lighting. At the Planning and Development Board hearing, there was a condition of approval that the Board recommended be removed. The applicant asked for a buffer waiver for lot 89B for a 5' buffer, whereas the P:[D requires a 25' peripheral buffer. The Planning and Development Board recommended a 14' buffer, leaving 6' for the yard area. Staff is also concerned about the buffering because the area to the north is developed industrial property. Staff would like the applicant to adhere to the P:[D minimum buffer requirements. Commissioner Fisher asked if this was agreeable to staff and Ms. Galav responded that staff is not accepting the 14' feet; it is the Planning and Development Board that accepted the 14'. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Mr. Rumpf added that staff is very concerned about Lot 89. He pointed out that it significantly deviates from the original concepts presented to the City when the mixed- use project was originally proposed for Quantum. The original master plan provided that the residential component would not be strongly flanked by industrial uses and there would be significant distances between the projects. IVlr. Rumpf pointed out that the State's land use needs and analyses is antiquated and that municipalities should not be hanging on so tightly to industrial lands because times have changed. Staff feels that this does not make sense in this particular case. Mayor Broening felt that the market should determine what happens in the City. He does not want to reduce the City's standards on quality, but would like the City to remain flexible. Commissioner Fisher asked if the developer could answer some questions regarding the buffer. Sara Lockhart, of Calvin, Giordano & Associates, ~[nc., acknowledged that there were industrial uses adjacent to the properties and this was considered when they were working on the project. The reason the applicant requested the waiver on the north property was to reduce other waivers that would have been necessary elsewhere within the parcel. She noted that the parcel is difficult to site design because of its configuration. Any future resident purchasing property would already know who their neighbors would be because these businesses are already established. Ms. Lockhart stated that they agreed to a 10' buffer with a 6' high wall, which would eliminate the need for other waivers. Commissioner Fisher inquired if the Commission approved the item, would Comment #5 under Additional Planning and Development Conditions have to be removed, and Ms. Galav stated that this was correct. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 02-054 with the change to the condition under Additional Planning and Development Board Conditions to state :~0' instead of :~4', as recommended. Motion seconded by Commissioner Ferguson. Mr. Eugene Gerlica pointed out that they are discussing the NOPC 13, which is a change in use from office/industrial to mixed use and are not discussing site plan issues. Mr. Gerlica pointed out that the comment that Commissioner Fisher referred to is in staff comments and the Planning and Development Board Comments for Lot 89B. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1, 2002 Commissioner Fisher acknowledged that this is a site plan issue, but he would feel more comfortable having this in place now, rather than waiting until it came up for site plan approval. Commissioner Ferguson withdrew his second of the motion. The motion died for lack of a second. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 02-054. Motion seconded by Commission McCray. Deputy Clerk Glinski called the roll and the motion passed 4-1 (Vice Ma?or ~Vei/and dissenb'ng.) C. Resolutions: None D. Other: Approve the release of the $18,250, plus applicable interest, to Boynton Industrial Park Associates as per agreement reached at the 3une 4, 2002 City Commission meeting Motion Commissioner Ferguson moved to approve. Commissioner Fisher inquired if all the parcels have been cleaned up. Scott Blasie, Code Compliance Administrator, reported that it was a tenant that caused the illegal dumping on the property. Everything has been cleaned up and was done within the timeframe required. Vote Commissioner Fisher seconded the motion that carried 5-0. Motion to authorize settlement of a claim of discrimination at the pre-litigation stage Motion Commissioner Ferguson moved to approve the settlement not to exceed $2,500. Motion seconded Commissioner Fisher. Mayor Broening announced that this does not admit any culpability on the part of the City regarding the discrimination claim. It is merely to settle a potential lawsuit. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida October 1~ 2002 Vote Motion carried 5-0. XTTI. UNFINISHED BUSTNESS: Review of Comprehensive Plan Amendment - DCA No. 02-1 - 32.2 Acre Parcel on South Congress Avenue. Discussion by City Commission requested. Hike Rumpf, Planning and Zoning Director, gave a presentation on the report that was received from the Florida Department of Community Affairs (DCA) with respect to their review of the Comprehensive Plan Amendment, as submitted. The State requires that all amendments to the City's future land use map involving properties over 10 acres must be reviewed by DCA to determine that local amendments are consistent with State and regional policies. With regard to the South Congress Avenue Residential Amendment the Objections, Recommendations and Comments Report was received by the City from the State of Florida on September 11, 2002. The DCA's conclusions were as follows: The amendment is inconsistent with the amendment of the residential property to industrial lands. The Report recommends that policies be amended to allow industrial conversions as proposed along with provisions to insure proper industrial allocation. Explore compatibility issues to investigate further into a public facilities' goal and policy. Staff will respond in accordance with the Commission's direction. The City can adopt any of the following three options, which are standard options of State law: 1. Adopt the necessary ordinances that approve the comprehensive plan amendment. 2. Adopt the amendment with changes to meet the requirements of the State. 3. Withdraw the amendment. DCA has given the City 60 days to adopt any of the three options or the City could request an extension. Mr. Rumpf stated that it should be adopted prior to January 1, 2003; otherwise it would fall into the next cycle of amendments. Bob Ensler, 26 Woods Lane, Boynton Beach pointed out that the attorney for the applicant had not been notified that the item was on the agenda for discussion. Mr. Ensler felt that DCA's reaction was unfortunate. In his opinion the main reason the 18 Meeting Minutes Regular City Commission Boynton Beach, Florida October ~., 2002 amendment was sent back was due to the City adopting a policy in 1990 that addressed conversion of industrial land. That policy was based on forecasting done in the Comprehensive Plan of 1989 and at that time an estimate was made of how much industrial land would be needed by all of greater Boynton Beach. Mr. Ensler pointed out that the data in the Comprehensive Plan uses projections taken from a study done in 1986. The data used was gathered between 1980 and 1986 and is now 20 years old. He stated that the industrial property recommended 20 years ago is no longer needed and the market has changed. Mr. Ensler also felt that the proper data was not furnished to the State. He pointed out that it was the City Commission that asked the Planning and Zoning Division to prepare a study. The Commission did not agree with the study and it was rejected, but it has never been completed in a way that would make sense. Mr. Ensler feels that the City needs to move forward in a positive way to update its plans and policies. Bonnie Miskel, said she was present tonight on a different item, and Mr. Ensler informed her that this item was on the agenda. She said that she has a meeting with staff next week to review the options contained in the report. She said that the 60-day adoption rule could be waived if it was so desired. Ms. Miskel requested that they be allowed to meet with staff and use her firm's resources that have Tallahassee Counsel. Ms. Miskel was optimistic that they could provide staff with a great deal of material so that when staff comes back to the Commission, they would have full knowledge of the situation. Commissioner Fisher inquired why the Planning and Development Board and the CRA had to review the Amendment. Mr. Rumpf responded that any citywide changes to the Comprehensive Plan must go to both Boards. Mayor Broening noted that they need to look at the Comprehensive Plan to provide the maximum flexibility needed in order to be responsive to market demand. Mayor Broening agreed with Mr. Ensler that 20-year-old plans are just that. Mr. Rumpf retorted that DCA is holding the City to what its Comprehensive Plan is requiring the City to do now. Mayor Broening did not agree with this and felt that the City should know what is best for Boynton Beach. Mr. Hawkins pointed out that the State is looking to the City to update its Comprehensive Plan. Commissioner Ferguson would like the City to move forward in changing its Comprehensive Plan and to continually update it every few years. He would like the City to move forward immediately on this. Mayor Broening asked staff to meet with the applicant in order to meet the deadline for response, alter which time the City could deal with changing the Comprehensive Plan. 19 Meeting Minutes Regular City Commission Boynton,.--~,=~'~k,, Florida October 1, 2002 Commissioner Fisher wanted assurances that the November date was a flexible date, and Mr. Rumpf said he would check this out. Further, Commissioner Fisher requested that if the extension was not allowed, he wanted the item to come back to the Commission as soon as possible. There was a consensus to move forward in this direction. XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 8:20 p.m. CiTY OF/~OYNTI~N ~EACI"'~ AFl'EST: -~:ity derk ~' ~~ Commissioner ~/~'~'"'~ Recording Secretary (two tapes) (October 2, 2002) 2O Mrs. Nanc.YthWashington 556 SW 25 Avenue Boynton Beach, FL 33435 August 12, 2002 Kurt Bressner, City Manager City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 RE: Meeting at Bethesda Hospital August 8, 2002 Resident in attendance Dear Mr. Bressner; This is written with the intent of informing you of the residents in attendance perception of the meeting we had with Kerry Kilday and Bob Taylor. The turnout was low, however, we did not press the other residents to attend as we did not know who received the letters from Kilday. There was also a feeling that this was a presentation and not a forum for discussion. The presentation by Kerry Kilday started with a lengthy description of the plan that was tabled by the Planning Board. We had one resident that attempted to divert him from this, but as one resident was unaware of the original plan he continued. We then had another resident that questioned if this was the plan that was tabled, and if it was why we were reviewing in detail. It was also indicated that we do not want to discuss plans at this time because we do not want the rezoning done. Following is a summary of questions that were presented and the response we received: Q) Is there a master plan, so we can get an idea of any potential for further expansion? A) Kilday indicated one is being worked on. Taylor indicated that due to the healthcare industry and constantly changing insurance issues it is not feasible. Q) Have other alternatives for parking been studied? E.g. multi-level garage A) Yes. They have a lot East of Seacrest, but this is to great a distance for the physicians. The city has limited the hospital to building a multi-level garage. Q) If a survey has been conducted that indicates the physicians are demanding parking in that specific area of the hospital, may we have a copy? A) Not answered. However, upon pursing, indicated 150 of 600 want the parking there. Did not respond to why the "local" physicians think this plan is "absurd". Q) We didn't think it was appropriate to address the ideas for changing at this point as our contention is we do not want the area rezoned, however, we would be happy to come back at a later date in the event they win and work with them. A) No definitive response, other than they are trying to get ideas on how to make us happy so they can get the property rezoned. They offered to restrict the deed. We re- iterated that we do not want the property rezoned. After some comments from one of our representatives and residents, Scott, who indicated he had to leave prior to speaking, suggested we all leave. However, we stayed and started firing questions at the presenters. At that point Mr. Taylor indicated to Mr. Kilday to wrap it up as they and we were not getting anywhere. We mingled for a very short time and then left the conference room. Some people approached Mr. Kilday and Mr. Taylor for their personal questions or comments. We tried to remain calm, but we had questions and received no direct answers. Sincerely, Mrs. Nancy Washington Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS / Fill in the information called for below and give to the City Clerk~prlor to the start of the City Commission Meeting. Name ~}-~. O~]~/~C~ Address ~ [ 0 ~-~ ~P~/~/~] ~k-~~' l Telephone# ? ~-~ ~"~'~-] kx"~ Agenda Summary of Matter -- / ~ ' ,, to be Addressed - lOne topid~er card} L, If a per,on decides to appeal any decision made by the City Commission with respe~e~t to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/She may need to en~ure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to bd~ased. (F.8. The City shall furnish appropriate auxiliary aids/and services where necessary to ai~ord an individual with a disability an equal opportunity to participate in and enjoy the ben,fits of a service, program, or activity donducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four h~tirs prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name_ ~ ~/~ ~ ~- ~ Address ? ~ ~ff~9/9~ ~//~c/~'~ Telephone # ~ ~ ? '~/~) ~ ~'~ Agenda # /~' /// Summary of Matter to be Addressed - (One topic pe~ card) If a per~n decides to ap~al any dec.ion made by the Ci~ Comm~ion wi~ respect to any ~er co~id~red at ~ m~et~, he/~he ~ need a record of ~e proceed~Es and~ for such p~pose, he/She may need to ensm ~at a ~rbat~ record of ~e proceed~s ~ made, which record ~cludes the testimony and e~dence u~n which the appe~ ~ to be based. {F.~. 286.0105~ The Ci~ shall ~h appropr~te a~ aids and se~ces where necem~ to afford an ~di~d~ ~ a d~bfli~ an eq~ opportuni~ to pa~icipate ~ and enjoy the benefits of a se~ce, program, or acti~ conducted by the Ci~. ~ea~ contact Joyc~ CosteHo, (561~ 742-6013 at least ~enty-fo~ hours prior to the program or acti~ ~ order for the ci~ to rea~nably accommodate yo~ request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk pri ity Commission Meeting.. \ . Address Telephone # ~, J Summary of Matter to be Addressed - {O~eto.pic card) per If a person decides to appeal any decision made by the City"Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a ~batim record of the proceedings is made, which record includes the testimony and evidence/upon which the appeal is to be based. (F.S. ~.0105) The City shall furnish appropriate auxiliary aids and/services where necessary to afford an individ~th a disability an equal opportunity to participate in and enjoy the benefits df a set,rice, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summary of Matter to be ~r~ed /l If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fffi in the information called for below and give to the City Clerk prioK~the start of the City Commission Meeting. Telephone # ~1-~, I-O0 ~ 7 ' ,, Agenda Summary of Matter to be Ad,dressed/X {qne{~t~l~lC per card} If a l~r~on d,ctdes to ~pl~,l any dect~ton m~de ~y the clt'~k~o~n witJa respect to ~ need a record of ~e proceed~gs and, for s~h p~~/she may need to ens~ ~at ~rbat~ record of ~e pmceed~s made, which record ~clude8 ~e testimony and e~ence u~n which the ap~al ~ to be base~(F.S. 286.0105) The City shah ~ish approprhte a~ia~ aids ~ se~ces where necem~ to a~ an ~di~d~l ~ a d~bfli~ an eq~ opportunity to participate ~ and enjoy the benefits o~ce, program, or a~ conducted by ~e Ci~. ~ea~ contact Joyc~ CosteHo, (561) 742-6013 at least twenty-fo~ hours prior to ~~~ ~ order for the ci~ to rea~nably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address ~'~/ ~x~/~/-~ ~ ~ d"~ ~'/'~ Telephone # Summa~ of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission MeetinE~L ~. ~ Name ' ,,,/~';~~ /~? Address ~/~J~? ~~ ~ Telephone Summary of Matter to be A~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cle~rl~prior to the start of the City Commission Meeting. j'~ Name Address Telephone ~ Summa~ of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park and Village North APPLICANT: Eugene Gerlica, P.E. with Quantum Limited Partners, Ltd. APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1,2002 TYPE OF RELIEF SOUGHT: Master Site Plan approval LOCATION OF PROPERTY: Northwest comer of Gateway Boulevard and High Ridge Road (Quant 'um Park Lots 83-88) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appl, i(~ant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App!icant's application for relief is hereby _~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other o S:~Planning~SHARED~WP~PROJECTStQuantum Pa~ & Village~SBMP 02-002 no~h~DO.d~ ~////llllllltt~~ Location Map QUANTUM PARK & VILLAGE NORTH NIC R1AAA M1 ¢- -- - __ __ GATEWAY Bt PID - QUANTUM PARI~4 -- EXHIBIT "A" N ,:; .:. ~::,~m,-,' lilil ,: ~,~ i:~iiilllll!ll,,,, "" !I I! llllill[lI !,¢,: i!!: ill!iii[ t EXHIBITI"B" EXHIBIT!"B" EXHIBIT "B" I IZ-_ \PROJECTS'x2002\0204 l_Quantum_Park_Village_North~BASE_PLANS_2041 .dwg, 09/12/2002 12:31:38 PM, COPYRIG EXHIBIT t~ FrI ~ 0 F Z 0 Z o ~ 0 ~T liB" EXHIBIT "B" QUANTUIi PARK AND VILLAGE .*fORTH EXHIBIT EXHIBITI''B'' \PR(3JECTS~2002\0204 l_Quantum_Park_Village_NorthXBASE_PLANS_2041 .dwg, 09/12/2002 12:31:09 PM, COPYRIG EXHIBIT EXHIBIT EXHIBIT "B" QUANTU~ VILLAGE AT BOYNTON BEACH\CADD FILES\DRAWINGS\LV-SITEPLAN_86.DWG, 9/12/2002 6.7:06 AH EXHIBIT "B" 10630 NORTHWF'ST 27TH STREET MIAMI. ~'LOR I DA 53172 EXHIBIT "B" II ,t+H+H4H+H+m ~,~ / EXHIBIT "B" ~U~NTUM ¥ILL~E e~UANTUM P,iFEK, EXHIBIT "B" ~U~,NTUM ¥.tL L,4r_~E ed;~UANTUM 10630 NORTHW[ST 27TH STREET MIAMI. FLORIDA 35172 EXHIBIT "B" (~U~,NTUM ~/ILL~E ~d~U~NTU~I F~RKi, ~Oh'~T<:D~I ' _-,,AZ~I-4, FL m F'XHIBIT "B" qTU~I VILLAGE AT BOYNTON BEACH\C._~DD FILES\DRAWINGS\LV-LNDS~F 86.1:~VG, G/I;~/2002 :;59:Z0 AN l~i ':illi i, EXHIBIT "C" September 06, 2002 Ms. Lusia Galav, AICP City of Bo.vnton Beach Planning and Zon/ng Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33,125 RE: Revised Request for Waiver.q - Quantum Park & Vffiage :.No. Side of Gateway Blvd. Lots 83 thru 88' Dear rusia: W~ hereby request waivers for Quantum Park & Village, North side of Gateway Blvd,, pursuant to the City of Boynton Beach Code of Ordinances - Part rtl Land Development Regulations - Chapter 2 - Zoning Section 7 - Planned Industrial District and Chapter 2, Section H - Supplemental Regulations. Tko following is a list of the r:quested waiver~ and ~uppordng d¢cumentat!on: Residential / Commercial/Offie~ Land Development Regulations Chapter 2 - Section II. H. I and Chaeter 23, 3~J¢le II. I. I ~ngineer/ng Drawing No. B-90013) - Requesting waiver of 2' to allow width of 25' rather :hah 27' for the back-up dimemion for 90 degrees parking spaces Tko request is reduce the amount of imp'ervious (asphalt) areas with~ the project and allow for more open s?ace. ~d Development Regulation Chapter 2 - Section II, I..I, 2 - Re~esting waiver of 3' to allow reduet/on in the minimum !2' width required for the ~t parking space not within a garage, The 3' ri:ruction allows for more open space ~d landscaping and provides urdform parking spaces throughout the project, Land Development Regulatior~, Chapter 2, Section 7 . H. 17 Design Criteria: Peripheral Greenbelt: Waiver of 25 feet to allow a reduction in the peripheral buffer from 40 fe~ to 15 feet. The project is hor/zontally in:egr, ated with a mix of uses not contemplated wit.h ,~e more intense industrial category. Land Development Regulations C'mapter 2, Sect/on 7, ~, 17 - Requesting waiver of 20 ~e~: to allow a reduction in the peripheral buffer from 25 feet to 5 f~t along nort.h,.-m boundary line residential parcel. Thi~ reduction allows for privacy screening of yar~ for the resident/al component. ~088 EXHIBIT "C" Page 2 of 2 September 06, 2002 Ms./usia Galav / Revised Request for Waiver~ - Quantum Park & Village No, Side of Gateway Blvd, / Lots 83 thru 88 * L~d Developm~t Regulations, Chapter 2, Section 7 . I-t. 17 Design C."iteNa: Distance Between Buildings: Waiver of $ feet to allow a reduction in the minimum distance from 25 feet to 20 feet. This waiver allows for horizontal integration of design concept~. * Land Development Regulatioaa, Chapter 7.5, Article II, Section 5 . P. Landscape Code - Requesting a waiver of permitted plant material to allow landscape material over and above the required amounts to be less ~han 50% native, Th= project will more than exceed the r. ativz requiremen~ for required material, · Land Development Regulations Chapter 2, Section I2, H - Provision of Off-Street Parking Spaces - Requesting a waiver of total required spaces for the retail / office / restaurant uses to incorporate an overall I space per 225 square feet. The mixed use project, particulazly with the i~anediate interac:iou / accessibility of residential units, allows ~e shared use / off peak availabtIi~ of parking throughout the project. If you have nay questions regarding the waivers, please feel ~ee to contact me at (954) 3ao-490a. '~'M PARK & VILLAGE, LLC i ~ng P~ner Eugene 0crLica - Quaaratn Doug McDoaald - Quantum Igor Olemcoff- Olea projec: file Fax ($6I) 74(}-2429 Fax (561) 740-2429 Pax (949) 719-7250 U~\$I'IEILA\QUANTU~'MLParmer~hip~Corre~pondence~2002\Oalav 090602 Request for Waivers.doc EXHIBIT "C" ,ply t o~'.' O0 Eller Drive ~ite ~ rt L~uderdaie, Florida 33316' 34) 921-7781 ;4) 921-8807 fax Village Boulevard te 340 st Palm Beach, Florida 33409 ;1) 684-6161 I 684.-6360 fax Calvin, Giordano g Associates, Inc. Engineers Surveyors Planners July 17, 2002 Mr. Michael Rumpf, Director Planning and Zoning Department City. of Boynton Beach 100 E. Boynton Beach Blvd. - West Wing Boynton Beach, FL. 33435 RE: REQUEST FOR WAfVERS - QUANTUM VILLAGE AT QUANTUM PARK (RESIDENTIAL PORTIONS OF LOTS MU 83-88, ALL OF LOT 89B) Dear Mr. Rumpf: Pursuant to the City of Boynton Beach Code of Ordinances - Part III - Land Development Regulations - Chapter 2- Zoning, Section 7- Planned Industrial Development District, and Chapter 2, Section 11 - Supplemental Regulations, waivers are hereby requested for Quantum Village at Quantum Park. The waivers will pertain to lots MU 83 through MU 88, located north of Gateway Boulevard, west of High Ridge Road; and Office/Industrial Parcel 89B, located north of Gateway BouleVard, east of High Ridge Road. A Notice of PropoSed Change a~d Master Plan Amendment have been flied simultaneously with the City to convert Parcel 89B from office to mixed use. ' · .K~nG~~-~-_STORICAL PET/T/ON INFORMATION: · rant ~s a DevcI0pment of Regional Impact approved in 1984. The Development Order granted for the park has been amended since its or/ginal mtoption. The amendment that allows residential land uses within the park is Amendment No. 10 that "simultaneously increased the commercial intensities and decreased the office and industrial intensities. The simultaneous increasing and decreasing of the land use intensities resulted in no additional regional impact most notably by not increasing the total traffic generated" (Quantum Park Annual Status Report - March 2002). Parcels MU 83 through MU 88 have Master Plan approval that will allow development of the proposed commercial and residential land uses. The commercial land uses will face Gateway Boulevard and the balance of the property will be developed as townhomes. The action required by City Council to accomplish this request is granting of the waivers outlined later in this letter. A master plan amendment and Notice of Proposed Change have been submitted for Parcel 89B that need to be approved prior to the granting of waivers to allow the townhomes proposed for the parcel. WAIVERS Arl~D SUPPORTING JUSIFICATION: Belov¢ ~s a list of the waivers and supporting justification fi'om the City of Boynt0n Beach' Code of Ordinances Part ffl - Land Development Regulations Chapter 2 - Zoning, Section 7 - Planned Industrial Development District and Section 11 - Supplemental Design Standards. Mr. Michael Rumpf, Director City of Boynton Beach Page 2 July 17, 2002 EXHIBIT "C" Part III ~ Ch. 2, Section 7 - H. Design Criteria: 15. D/stance between buildings: Waiver of 5 feet to allow a reduction in the minimum distance bom 25 feet to 20 feet. This waiver applies only to Parcel MU 87. Justification: This isa residential pod that would typically be subject to the regulations contained in the R-3 Multifamily Zoning District, Which requires only a twenty-foot minimum building separation. The twenty five foot building separation required in the' PIDD applies to industrial or commercial buildings that are allowed by Code a greater Floor Area R~o and building height that what is contemplated with this two story town home development. It is also important to note that the City's code contemplated the 'separation would apply to buildings being on the "same lot or parcel of land" whereas the town homes will be fee simple ownership. The town house design presented based upon the twenty-foot separation is typical for a residential project, and in some jurisdictions, less building separation is actually required. Part III - Ch. 2, Section 7 H. Design Criteria: l& District setbacks: · · Waiver of 10 feet to allow a reduction in the rear yard setback from 30 feet to 20 feet. This waiver applies only to Parcel 89B. JUP~r.ar~S~fi~ cafion:' ,This .waiver will apply t° fourteen town homes located along the north prOPerty line 0~' I 89.B.. The re~. u~zon m w~cllh is located On the rear prope line 'in a p oJl~2t. This reduction ~s therefore ,h~ ~..,:_,.-~ .... rty _. remote area of the overall ~a~, a~na~L ~ ye ' for r . . . . [uIm to me czeszgn oS-the overall ~ .... greate open space and buildin~ s-~o,~,,~,.~ :_ .~,. ...... · _ p oje~ which prowdes · o vv~,~,,,, ,,. vua~r areas olme parcel The adiacent ~---' - · '. ' 'eyast and screening of the town homes from these adjacem uses has been addressed in the landscape Plan - ,j amu uses atreaay by the provision 0fa wall and landscape material. Part HI - Ch. 2, Section 7 H. Design Criteria: 17: Peripheral greenbelt: Waiver often feet to allow a reduction in the peripheral buffer where adjacent to residential from 40 feet to 30 feet (Lots MU 83, 87 & 88); Waiver of 5 feet to allow a reduction in the peripheral buffer fi.om 25 feet to 20 feet (Lot 89B). Justification: Lots MU 83, 87 and 88 are adjacent to an area that carries a non-conforming residential zoning district although the underlying Comprehensive Plan land use designation is InduStrial. The purpose of the 40-foot buffer was to shield the residential land uses located on the west property line of the Park fi.om future residential development. The anticipated development pattern for the Park was non- residential; however, changes made to the DRI Master Plan now allow residential land uses within the park reducing the potential for land use conflicts along the perimeter of the park that the forty foot buffer requirement was supposed to addr~s. Altheugh ~e fuvare la,nd use d'~i~cu of the p~i aaljacent to MU 83, 87 and 88 is industrial, it ks questionable if the proi~erty will actually develop as such based upon the mount of land area that remains within Quantum Park that is more readily available. The north property line of Parcel 89B would normally require a 25 foot buffer. The reduction of the buffer width reduce~ the potential for other waivers within the parcel, such as building setbacks or parcel setbacks. The uses adjacent to the park in this area have already been established and the town homes can be adequately screened as depicted on the landscape plan. tC~r. Michael Rumpf, Director City of Boynton Beach Page 3 July 17, 2002 EXHIBIT "C" Part III Chapter 2, Section 11 - Supplemental Regulations, H. Provision of off-street parking spaces - No. 2 Waiver of 3 feet to allow a reduction in the minimum 12-foot width required for the first parking space (applies to MU 83 through MU 88 and Parcel 89B) Justification: This regulation requires the first required parking spaces that are not wiihin a garage to be a minimum of twelve feet in width. It is questionable if this provision should apply. Th~ regulation states that "for all required residential district parking spaces not within all enclosed garage, the ftrst lnn'king space shall be a minimum of twelve feet". All of the town home units have a single car garage. Therefore, the parking space outside of the garage is technically the second space. Notwithstanding this variation, a waiver is requested that reduces the "fi~ space" to 9 feet in width for units that have a single car driveway in front of the garage. The three-foot reduction allows for more open space and landscaping in the front yard, enhancing the overall aptxmrance of the community. The single car driveway provides sufficient maneuvering area because the length of the space is twenty feet, which is two feet longer than required by code. This allows the. vehicle to be situated fully within the driveway, and prevents any · overhang of the vehicle into the sidewalk. Since these are private driveways, there is not turnover of vehicles using the space. It should_also be noted that a portion of the units have been designed with a 19 foot wide drive aisle and therefore the waiver will not pertain to all of the spaces. .' If you have any questions regarding this request for waivers, please call me. Best regards, ,OR A O & sssocxntzs, I C. Sara Lockhart, AICP Planning Administrator Exhibit "D" Conditions of Approval Project name: Quantum Park & Village North File number: SBMP 02-002 Reference: 2~d review plans identified as Subdivision Master Plan with a September 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Ensure an adequate number of trash collection points (with appropriate X access and maneuvering space) are provided in both the commercial and residential portions of the proposed commercial and residential properties. PUBLIC WORKS - Traffic Comments: 2. A Permit to Construct within the Public Right-of-Way, issued by the X Engineering Division of Public Works, will be required at the time of permitting for work on Gateway Boulevard. Permits may also be required from Palm Beach County and the Quantum Park POA for work on High Ridge Road and Gateway Boulevard. UTILITIES Comments: 3. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to X show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. Sanitary sewer and underground power runs northeast to southwest across the subject parcels (easement(s) shown on survey only). Show how these lines will be relocated so that there no are conflicts with proposed structures. FIRE Comments: 4. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less COA 09/25/02 2 DEPARTMENTS INCLUDE REJECT than 20 psi, a fire flow of at least 1500 gpm is required. 5. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001, that provides the minimum performance for all security gates and emergency access. Copy attached. 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire sprinkler systems throughout the following: · All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. · All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None ENGINEERING DIVISION Comments: 8. Increase the east Gateway Boulevard driveway width to a minimum of 24 X feet to provide at least two (2) - 12 foot drive lanes. Staff recommends a width of 27 feet for one (1) - 15 foot ingress lane and 1 - 12 foot egress lane. 9. At the time of technical site plan review, provide a list of all easements X within the project(s), including legal descriptions, that will require abandonment for review and approval. 10. Provide written and graphic scales for the Landscape Plan for the X commercial development. COA 09/25/02 3 DEPARTMENTS INCLUDE REJECT 11. Indicate to what standard the project will be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 12. At the time of technical site plan review, staff recommends re-evaluating X the proposed location of the residential pool and tot lot. Their location, on the outside of the high-speed roadway curve of High Ridge Road, poses serious concerns with regard to safety. A central location, internal to the residential development, is recommended. 13. At the time of technical site plan review, staff recommends re-evaluating X the proposed location of the mailboxes for eas~, resident accessibility. BUILDING DIVISION Comments: 14. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 15. At time of permit review, submit for review an addressing plan for the X project. 16. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 17. At time of permit review, provide a completed and executed City of X Boynton Beach Unity of Title form or other form acceptable to the City. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 18. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 19. At time of permit review, submit for review an addressing plan for the X project. COA 09/25/02 4 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 20. The Park and Recreation Facilities Impact Fee requirement for Single X Family Attached Homes is based on $771 per unit. Since there are 136 single family attached homes shown on the plan the fee is computed to be $104,856 ($ 771 x136 units). 21. The Park and Recreation Facilities Impact Fee required for apartment X homes is based on $656 per unit. There are six (6) apartment units proposed in Building "E". An additional $3,936 ($656 x 6 units) is required. 22. The Park and Recreation Facilities Impact Fees are due before the first X applicable building permit is issued. FORESTER/ENVIRONMENTALIST Comments: 23. The applicant should indicate the presence or absence of gopher tortoises X on the site. 24. The applicant should indicate on the civil drawings, the final site X elevations between the site and the acreages along the North and West property perimeters. PLANNING AND ZONING Comments: 25. Prior to building permit, applicant must submit Technical Site Plans for X each phase (Chapter 2, Section 7.P.). 26. The required backup dimension for 90-degree parking spaces is 27 feet. X The residential portion of the site plan shows that the backup area for the guest parking will be accomplished via the development's internal roadway, which is only 22 feet wide. Revise the plan so that the dimension is 27 feet in order to comply with Engineering Drawing No. B- 90013 or revise the dimension to 25 feet so that it matches the already requested waiver (Condition of Approval #27). The project will require new public notices and advertisement of any new waiver request (if the backup dimension remains at 22 feet in width). COA 09/25/02 5 DEPARTMENTS INCLUDE REJECT 27. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H.1 and Chapter 23, Article II.I.1. (Engineering Drawing No. B-90013) - Requesting Waiver of two (2) feet to allow a width of 25 feet rather that the required 27 feet for the back-up dimension for 90-degree parking spaces. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 28. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of three (3) feet to allow reduction in the minimum 12 feet width required for the first parking space not within an enclosed garage. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 29. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 25 feet to allow a reduction of the peripheral buffer X from 40 feet to 15 feet where adjacent to residential (along western boundary of Lots 83 and 87). WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 30. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer X from 25 feet to 5 feet along northern boundary line residential parcel. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 31. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section 7.H.15 - Requesting Waiver of five (5) feet to allow a reduction in the minimum distance between buildings, from 25 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 32. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations, Chapter 7.5 Article II, Sec. 5.P. Landscape Code - Requesting a Waiver of permitted plant material to allow landscape material over and above the required amounts to be less than 50% native. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 33. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H. - Requesting Waiver of total required spaces for retail/office/ restaurant COA 09/25/02 6 DEPARTMENTS INCLUDE REJECT uses to incorporate an overall formula of one (1) space per 225 feet (418 spaces required). WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 34. The north and west landscape buffers of the proposed project must be consistent with the adopted Quantum Park buffer plan (i.e. tree species, X quantity, planting pattern). 35. Efficiency and one-bedroom apartment units require one and one-half X (1.5) parking spaces. Two-bedroom apartment units require two (2) parking spaces. The waiver request for required parking methodology excluded the six (6) residential apartment units. Therefore, at minimum, an additional (10) parking spaces will be required for the six (6) residential units proposed in Building "E" (if all units are proposed as efficiency or one-bedroom). Revise the plans so that this requirement is met. Technical site plans and permit drawings must indicate provisions for future vertical accessibility. 36. The traffic study must be approved by the Palm Beach Traffic Division X prior to the issuance of any permits. 37. The residential site plan (sheet SP-1) tabular data should indicate the X dimensions of the outdoor patio area. This may impact the impervious / pervious area when the project is eventually built-out. In addition, to avoid future complications, the plans must indicate any provisions for screened roof and / or solid roof screened enclosures. 38. Submit abandonment request for the 15 foot FPL utility easement that X traverses lots 83, 86, and 87. Abandonment and rededication of these easements must be recorded prior to issuance of a building permit for the project. This may also require a replat subject to Engineering approval. 39. Final landscaping will be determined at the time of technical site plan X approval for each phase. 40. Indicate the color schemes (by manufacturer name and number) to be X used on both the residential and commercial / office elevation sheets (all four building sides). 41. No signage is shown on the plans. Project signage will require separate X review and approval of the Planning & Development Board. At this time, all signage must be consistent with the master sign program for Quantum Park. 42. Provide a letter of approval from the Quantum Park Architectural Review X Committee (ARC) prior to the Planning & Development Board meeting. (satisfied) 43. Place a note on the landscape plans indicating that mulch other than X Cypress shall be used and maintained for landscape purposes (Chapter COA 09/25/02 7 DEPARTMENTS INCLUDE REJECT 7.5, Article II, Section 5.C.8.). 44. Coordinate the location of the bus stop with Palm Tran and provide a bus stop / shelter (either internal or external) along Gateway Boulevard and X or/High Ridge Road. Staff recommends locating the bus shelter in a centralized location. 45. At the time of Technical Site Plan approval, staff recommends relocating the recreational area so that it is more centrally located to all units. Staff also recommends relocating the recreation area to Lot 86 so that it links X with the pedestrian spine and becomes the terminus / focal point of the walkway that leads to the commercial area. 46. The landscape median proposed in the driveway of the residential area on X High Ridge Road should contain a pedestrian refuge area. 47. No specifications were given for the landscape material proposed in the X residential portion of the project. The landscape material used in the residential portion of the project must be consistent with the landscape material used in the commercial portion and must also meet the minimum specifications as required in Chapter 7.5 of the Land Development Regulations. 48. The underlying land use is "mixed use". Staff strongly endorses incorporating a mixture of residential and commercial uses within the same building, such as in the case of Building "E". Staff recommends X further incorporating more residential uses within the other buildings in the "commercial" portion of the project. 49. Staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of towers and more diverse roof articulation, similar window X style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design accents. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 50. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H. 17 - X Requesting Waiver of 25 feet to allow a reduction of the peripheral buffer from 40 feet to 4-5 24 feet where adjacent to residential (along western boundary of Lots 83, 87, and 88). (See # 29) (Approved) COA 09/25/02 8 DEPARTMENTS INCLUDE REJECT 51. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H. 17 - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer from 25 feet to 5 feet along northern boundary line residential parcel, X subject to placement of a buffer wall along this boundary. (See # 30) (Approved) 52. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 11 .H. - X Requesting Waiver of total required spaces for retail/office/restaurant uses to incorporate an overall formula of one (1) space per 225 feet (418 spaces required). Require as a condition of reduction providing handicapped spaces based on required spaces, not reduced spaces. (See # 33) (Approved) 53. Revise # 44 to read: Coordinate the location of the bus stop with Palm Tran and provide a bus stop (either internal or external) along Gateway X Boulevard and or/High Ridge Road. Staff recommends locating the bus shelter in a centralized location. 54. Revise # 49 to read: Staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of similar window style and size variations, the X use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design accents. 55. The City should (take necessary steps to ) reduce traffic speed on High X Ridge Road. ADDITIONAL CITY COMMISSION COMMENTS: Comments: ! MWR/elj S:~Planning~SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-002 north\COA.doc