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Minutes 12-03-02
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMTSS~'ON CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 3~ 2002 AT 6:30 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk OPENINGS: Call to Order - Mayor Gerald Broening :Invocation Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:35 p.m. The Reverend Dr. Marshall Cook of the Boynton Beach Congregational Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner McCray. D, IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME THE INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening reported that applicant in Item VI.B, Gateway Plaza, asked that their request for conditional use/site plan approval be postponed. Motion Vice Mayor Ferguson moved to postpone Item VI.B, Gateway Plaza. Motion seconded by Commissioner McCray and unanimously carried. MeeUng Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda, as amended. Commissioner McCray seconded the motion that carried unanimously. II. PUBLIC AUDIENCE: Robyn Ben-Ari, 805 SW 1st Court, Boynton Beach, stated that she was informed this morning that a lien was placed on her property as the result of a code violation. The violation dealt with an unfinished pool, because the contractor that she hired never finished it after she paid him $9,600. The pool is surrounded by a 6' wooden fence, and the Code Compliance staff informed her that an unfinished pool is a safety issue. Ms. Ben-Ad was referred to the Building Division to address the safety issue. The head of the Building Division informed her that if she placed a 4' fence immediately around the perimeter area that this would correct the situation. However, she has now been informed that she must finish the pool. She received bids between $11,000 to $26,000 to complete the pool, which she cannot afford since she has recently been divorced. Ms. Ben-Ari recited from the Code dealing with Code Compliance Boards, which states that the intent of these Boards is, among other things, to provide an "inexpensive method of enforcing the codes and ordinances..." She is confused about the issue because she thought the safety issue had been addressed. Mayor Broening informed Ms. Ben-Ari that City staff would work with her in order to bring her property into compliance. She stated that the Code Compliance staff has not been willing to work with her and since 1990 they have filed 22 code violations against her property. Mr. Bressner said that he would arrange for the parties to get together. Commissioner Ferguson informed her that there is an appeal process that Ms. Ben-Ari can avail herself of as soon as the situation is resolved. Lee Wische, 1302 SW 18th Street, Boynton Beach reported on the medical condition of Maurice Rosenstock who suffered a cerebral hemorrhage. Mr. Rosenstock is currently at Manor Care undergoing therapy. Although he is paralyzed on one side, he understands everything that is said, but his speech is slurred. His spirit is willing and he refuses to give up. Mr. Wische said he would continue to report on Mr. Rosenstock's condition periodically. III. OTHER: A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Mayor Broening pointed out that this is the Holiday Season and urged everyone to drive extra cautiously during this time of year. He noted that the Police Department has stepped up enforcement, but everyone must take personal responsibility for their own actions while driving their own vehicle. He also urged people when speaking on their cell phone to pull over. IV. ADMINISTRATIVE: Accept letter of resignation from Edward Currier, Regular Member of the Planning and Development Board Motion Commissioner McCray moved, with regret, to accept the resignation of Edward Currier from the Planning and Development Board. Notion seconded by Vice Hayor Ferguson and unanimously carried. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term III Ferguson Education Advisory Board Stu 1 yr term IV McKoy Education Advisory Board Stu i yr term to 4/03Tabled (2) to 4/03 to 4/03 Mayor Broening Library Board Alt i yr term to 4/03Tabled (2) I Weiland Library Board Reg 3 yr term to 4/03Tabled (2) IV McKoy Nuisance Abatement Board Alt 1 yr term to 4/03Tabled (2) III Ferguson Planning & Development Board Reg 2 yr term to 4/04 I! McCray Recreation & Parks Board Alt 1 yr term to 4/03 Vice Mayor Ferguson nominated Jennifer English-Butler as a Regular Member on the Planning and Development Board for a two-year term expiring in April 2004. Mayor Broening pointed out that Ms. English-Butler is the Vice President of the Realtors Association of Palm Beach and has a Master's Degree in Public Administration and welcomed her to the Board. All other appointments were tabled. 3 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Motion Vice Mayor Ferguson moved to approve the seconded the motion that unanimously carried. V. ANNOUNCEMENTS & PRESENTATTON$: A. Announcements: appointment. Commissioner McKoy None B. Presentations: 1. Proclamations: a. John A. Guidry Day - December 13, 2002 Mayor Broening read the Proclamation, prepared by Mr. Guidry's staff, declaring December 13, 2002 as John A. Guidry Day. The Proclamation was presented to Dale Sugerman, Mark Bobich, Barbara Conboy, Bob Kenyon, Mark Law and Pete Mazzella, on behalf of Mr. Guidry, who could not be present. Mayor Broening reported that Mr. Guidry, who is the City's Utility Director, has worked for the City since June 20, 1985 and is now retiring. Mr. Sugerman, on behalf of the Water Resources Leadership Team, thanked the Mayor and Commissioners for the Proclamation on behalf of Mr. Guidry and his wife, Fran. Presentation by Boynton Beach High School, thanking the City for the contribution of $40,000 towards the construction of the school's track and field facility Dr. Waiter Cornnell, Principal of the Boynton Beach High School, recognized and thanked the Mayor, City Commissioners, the City Manager and the staff of Parks and Recreation for the donation. The funds will provide a much better surface for the stadium track so that the students and residents of the community would be better served. He acknowledged the benefits of the School and the City working together. Mike Leeds, Athletic Director of Boynton Beach High School, thanked the City on behalf of the Athletic Department and the students and pointed out that without the generous contribution by the City, the project would not have happened. He especially thanked Wally Majors and John Wilder and their staffs for making the opening of the athletic program at the High School very smooth. Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Commissioner McCray requested an update on the Holiday Parade and other events. Wayne Segal, Public Affairs Director, announced the following: On Friday, December 6th at 6:00 p.m. the Season of Peace Event will take place in front of the Schoolhouse Children's Museum. There will be a tree lighting of the 25' Holiday Tree at 6:45 p.m. and there would be entertainment for everyone. On Saturday morning, December 7th, at 9:00 a.m., the 32nd Annual Holiday Parade will begin at Gateway Boulevard and Congress Avenue and will end at Old Boynton Road. The Grand Marshals of the Parade will be the members of the original Jamaican Bobsled Team as portrayed in the movie ~'oo/,qur~n/ngs. Doug Hutchinson, CRA Director, announced the following: On Saturday evening, December 7th, the CRA in conjunction with BODA, is putting on a cruise night. The Street Rods will visit a Local 50's restaurant and then participate in a 22-mile cruise throughout the area. The cruise will climax with the Street Rods coming over the Ocean Avenue Bridge into the downtown area. There will be an Elvis impersonator and national recording artist Rockin' Robin will be performing. There will be vendors present and tee shirts for sale. Diana Johnson, President of the Boynton Beach Chamber of Commerce, announced the following: On Sunday, December 8th, the Annual Classic Car Show will take place at Bethesda Health City between 11:00 a.m. and 4:00 p.m. There will be classics, imports, and antique vehicles on display. Over 80 trophies will be handed out and 7 for outstanding cars. On Wednesday, December ~.1th, the Annual State of the City Address by Mayor Broening will be hosted at a luncheon at Benvenuto's Restaurant beginning at 11:30 a.m. Ms. Johnson noted that the new 2003 Guide to Boynton Beach is now available at the Chamber's Office. The guide was prepared in conjunction with Wayne Segal and the City and includes a complete guide to City services. The Guide is free and will be available at City Hall and City Hall in the Mall. Mr. Bob Ensler wished to announce an event taking place at Hunters Run this week. Hunters Run is sponsoring the third Women's USTA Professional Tournament and funds raised from the tournament will go to Hospice and Home Care by the Sea. Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 VZ. PUBLZC HEARZNG: AGENDA PERMZTS 6:30 P.M. OR AS SOON THEREAFTER AS THE Project: Agent: Owner: Location: Description: Motorola (LUAR 02-007) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, Inc. Southeast corner of Gateway Boulevard and Congress Avenue Request to amend the Comprehensive Plan Future Land Use Map to reclassify 49.695 acres of the Motorola DRI from Industrial (IND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DRI from Planned Industrial Development (PID) to Community Commercial (C-3) (for multi-family and commercial development) City Attorney Cherof administered the oath to all persons who would be testifying. Dick Hudson, Senior Planner, presented the item on behalf of staff. The property is an undeveloped portion of the 85.55-acre DR! and the portion under consideration consists of 49.69 acres. Currently the property is classified industrial and zoned PID. The applicant wishes to reclassify the property from industrial to local retail commercial and to rezone from PID to C-3 (Community Commercial). The applicant intends to develop the property with 500 units of multi-family residential housing and 63,500 square feet of commercial development. Mr. Hudson reviewed the adjacent land uses. The land use to the north is the developed portion of the Motorola DRI, which the applicant intends to retain as industrial. Due to the size of the property, it is considered a large-scale amendment. After the item is heard at public hearings, it must be submitted to the Florida Department of Community Affairs for review for compliance with State, regional, and local Comprehensive Plans prior to adoption. The time involved for this process is approximately 60 days, after which DCA will issue their findings in an ORC Report. After the City receives the ORC Report, it has 60 days to either (1) adopt the amendment as transmitted; (2) adopt the amendment with changes in response to any comments in the ORC Report; or (3) determine not to adopt the amendment and inform DCA of that decision. There are certain criteria in the Land Development Regulations that must be considered whenever an amendment to the Comprehensive Plan or rezoning is requested. Mr. Hudson reviewed these criteria. There are two policies that are applicable to this request; they are Policy No. 1.15.1 and No. 1.19.2. 6 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Policy No. 1.15.1 states that the City shall continue to allow mixed-use, commercial, and residential uses in the C-3 zoning category. Policy 1.19.2 allows for the City to consider redesignation of properties currently designated industrial if the conversion meets certain criteria. The proposed development of the site is consistent with both policies and will provide both commercial and residential development. Mr. Hudson went on to explain that several conditions have changed since the DRI was originally approved in 1979. The project was originally expected to develop and build out for a total of 825,000 square feet of industrial for research and development and office uses. He explained that this was an inefficient use of the land with a floor area ratio of only .22 as compared to the maximum permitted by development regulations of 60% lot coverage times four stories that equals a 2.4 floor area ratio. The final phase of the DRI that consisted of 200,000 square feet of office space was never developed. Currently, 70% of the existing facility is vacant. Because of the specialized nature of the existing building, its potential for adaptability decreases. Also, the loss of the workforce has negatively impacted local economy. It is felt that the multi-use of the site, with a commercial component, will serve as an employment generator to make up for some of the employment losses. It has also been determined that the proposed use would be compatible with the utility systems and roadways. The project has been vested for 13,020 trips per day. The Palm Beach County Solid Waste Authority stated that they have adequate capacity to accommodate the project and the School Board has reviewed and approved the project for school concurrency. Drainage will be addressed during the conditional use application. Staff has concluded that the project would contribute to the economic development of the City by creating housing, shopping and employment opportunities. Mr. Hudson pointed out that Quantum Park, which is the City's other DRI, is almost completely developed and contains a mixture of industrial, commercial and residential uses. Staff recommends approval. Darrell Carter, representing the applicant, of 908 S. Delaney Avenue, Orlando, Florida 32806, thanked Mr. Hudson for his presentation and waived their time to make a presentation. Mr. Carter said that they would offer their comments and address any concerns after the public testifies. They are prepared to answer any questions that may arise and thanked staff for their cooperation. Mayor Broening opened up the public audience. Gary Lehnertz, 619 SW 2nd Avenue, Boynton Beach, does not want to see another strip mall in Boynton Beach, but he was not opposed to the residential use of the project. He would like the developers to set aside 200' of land for greenways along the two canals that abut the property. He felt that this would be a benefit to the City and 7 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 would increase the aesthetics of the site. He questioned the wisdom of building more stores in the City, where stores are coming and going on a regular basis. Steven Bell, 133 S. 11th Street, Lantana, thanked the Mayor for his remarks regarding driving safely on the roadways. Mr. Bell was present to speak about the greenways and noted that people are working statewide to establish a greenway system. He urged the Commission not to approve any developments without including a greenways' plan. Mr. Bell was not opposed to the project, but would like it designed to be beneficial to everyone. Greenways would provide a resource of regional significance and local pride, as well as benefiting the City economically. He also noted that the greenways should include the 40 acres in Quantum Park that was set-aside in a development order. However, Quantum Park does not allow the public on that property. He urged the City to save some land for future generations. Sabrina Carle, 3903 Coelebs Avenue, Boynton Beach, stated that she lives in the County approximately one and one-half miles from the Motorola site. She also was present to support the greenways. Ms. Carle said that there are greenway committees working to find ways to purchase parks and wildlife areas for linkage among communities to create paths for walking and biking. By having greenways in the City, the quality of life would be improved. She felt that the Motorola site would be a perfect site to be part of the greenway system. Alice Otis, 203 SW 13th Street, Boynton Beach, thought that the project would increase the use of City utilities and asked where the City would get the additional water and where would it go once it was used. Ms. Otis felt that the City should concentrate on getting more housing downtown than on Congress Avenue. She pointed out that rental vacancies are up, as well as foreclosures, and asked that the City look into the water situation before approving any more developments. Mayor Broening closed the public audience. Mr. Hudson addressed the greenways issue and reported that one of the conditions of approval is that the applicant work with the City on the greenways issue. With regard to the utilities, the project is vested for a certain amount of water and sewer use and will be held within that vested amount. Any use above that amount, the applicant would be responsible for. Mr. Carter pointed out that the greenway issue was brought up on several occasions by staff and they are in agreement with Condition No. 8 that provides for the greenways. Commissioner McCray announced that there would be a greenways meeting tomorrow night at 7:00 p.m. at the Ezell Hester Center and urged everyone to attend. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Commissioner McCray further pointed out that the developer would be responsible for purchasing additional water and sewer capacity and he feels that this issue has now been satisfied. Mayor Broening clarified the statement made that Motorola moved out because of the poor economy. He noted that Motorola made some poor product decisions regarding pagers and that the building was intended for the final assembly of pagers. Most of the 3,500 jobs at the plant were Iow-paying assembly jobs and very little research and development was done at the property. Mayor Broening pointed out that 250,000 people move into Palm Beach County every year; therefore, it is important that the City take a leadership role to provide for the necessary zoning and is moving in the right direction. Vice Mayor Ferguson stressed that preserving some area for greenways was very important and considered that a site plan issue, not a rezoning issue. Vice Mayor Ferguson referred to a memorandum furnished to the Commissioners this week that indicated that there are 770 acres of land with a future land use designation of "industrial" and a total acreage of vacant industrial land of 154 acres. Vice Mayor Ferguson inquired if the Motorola property was included in either of these two groups. Mr. Hudson responded that the Motorola property was included with developed land. Commissioner Weiland asked staff how many acres of land were contained at the south end of the property? Mr. Hudson responded that it was approximately 30 acres. Vice Mayor Weiland had concerns about the residential component of the project and noted that normally staff or the Commission never ask for anything in return. Vice Mayor Weiland would like to see more fee simple units than rental units and requested that the developer look at converting some of these units to upscale ownership units. Mayor Broening pointed out that Commissioner Weiland's request was a site plan issue and that the market demand will determine whether rental or ownership would be best. Mayor Broening pointed out that rentals are very popular way of life. He clarified that the issue the Commission is being asked to approve is a land use issue to reclassify the property to a mixture of residential and commercial. Motion Commissioner McCray moved to amend the Comprehensive Plan Future Land Use Map to reclassify 49.695 acres of the Motorola DR[ from !ndustrial (IND) to Local Retail Commercial (LRC); and request to rezone 49.695 acres of the Motorola DR[ from Planned l~ndustrial Development (PID) to Community Commercial (C-l) (for multi-family and commercial development). Motion seconded by Vice Mayor Ferguson and carried 5-0. 9 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park P:[D (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park P:[D) Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel Previously postponed C. Project: Agent: Owner: Location: Description: Hawks Landing (REZN 02-006) (POSTPONED TO THE 12/19/02 PLANNING & DEVELOPMENT BOARD MEETING) Bradley Miller, A:[CP, Miller Land Planning, :[nc. Grayhawk Development Corporation North of 16th Avenue, between 3rd Court and 4th Street Request to rezone from R3 Multifamily (10.8 dwellings per acre) to Planned Unit Development (PUD) (for 18 single family detached zero lot line homes Proposed Re-financing of 1996 Multi-Family Housing Mortgage Revenue Bonds - Clipper Cove Apartments d/b/a C/HP Cove, :[nc. (Proposed Resolution No. R02-207) Attorney Cherof read proposed Resolution No. R02-207 by title only. Motion Commissioner McCray moved to approve Resolution No. 02-207. Motion seconded by Commissioner Weiland. Vice Mayor Ferguson pointed out that the public notice stated that the bond issue was $14 million, not $15 million. He questioned if the original loan was for $11.940 million in July 1996, plus a reserve of $250,000 for capital spending, why is it necessary that the bond be for $15 million? Vice Mayor Ferguson asked about the other $3 million and indicated that he was uneasy about the City backing this bond at this time. Mr. Bressner requested that Mark Raymond, the City's Bond Counsel, address Vice Mayor Ferguson's concerns. Mark Raymond, of Moyle, Flanagan, Katz, Raymond & Sheehan, 625 N. Flagler Drive, West Palm Beach, Florida, explained that the reason the principal amount of the bond issue is increasing from the original amount of the 1996 bond issue is due to the fact that the 1996 bondholders will receive a prepayment penalty. In order to pay off the 10 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 1996 bonds, it will be necessary to pay more than the principal amount of the bonds, thus resulting in the issuance of more bonds. Mr. Raymond pointed out that the interest rate on the new bonds is so much lower than the original bonds, that even after paying off the old bond, the new total debt service will be lower than the debt service on the old bonds. Mr. Raymond stated that the notice in the newspaper did state that the bond issue was for $15 million and at one time there was a draft that stated $14 million. Mr. Bressner requested that Mr. Raymond provide a copy of the notice as published, which he agreed to do. The most important point is that the City is not obligated financially on the bond issue in anyway and the statutes that authorize cities in Florida to do this type of financing prohibit any city funds from being used in any manner. The City is acting as a conduit to allow the bonds to be issued with Federal tax-exempt status. Vote The motion carried 4-1 (Vice Mayor Ferguson dissenting.) Vii. CONSENT AGENDA: A. Minutes: Agenda Preview Conference of November 18, 2002 Special City Commission Meeting of November 19, 2002 Regular City Commission Meeting of November 19, 2002 Commissioner Weiland pointed out that in the minutes of the Special Meeting of November 19, 2002 referred to as item V]:]:.A. 1. on the agenda listed him as being absent. Commissioner Weiland stated that he was present throughout the entire meeting and requested that the minutes be corrected accordingly. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Multi-award the TWO-YEAR BTD FOR P:[PE Fi-I-fTNGS AND ACCESSOR1~ES, Bid #003-14:L2-03/KR, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $120,000 Award the RE-B:[D OF THE ANNUAL CONTRACT FOR LANDSCAPE MATNTENANCE, Bid #004-2730-03/KR, to various vendors for $628,091.85 for a nine month period 11 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Approve stormwater pipe relining at various locations by Azurix North America Underground ]:nfrastructure, ]:nc. in the amount of $160,070.48 based on Board of County Commissioners - Orange County, Florida contract #YO-103 (Proposed Resolution No. R02-208) 4. Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRA]:LER MOUNTED, SELF-CONTA]:NED VACUUIVl UNIT," Bid #078- 2821-02/C3D, to VACUUM SOURCE, ]:NC. of Greer, South Carolina in the amount of $24,950 (l'abledat .~.~/.~9/02 Vice Mayor Ferguson moved to table ]:rem B.4. until the December 17, 2002 Commission Meeting. C. Resolutions: Proposed Resolution No. R02-209 Re: Approving amendment to Barton Memorial Park lease agreement with the State of Florida Department of Transportation (D.O.T.) for the removal of the Barton Memorial Cemetery (parcel 88) from the lease Proposed Resolution No. R02-210 Re: Ratifying the agreement between the City of Boynton Beach and the Police Benevolent Association - Lieutenants Unit from October 1, 2002 through September 30, 2003 Proposed Resolution No. R02-211 Re: Approving Change Order #1 to PO #20184 issued to Trio Development Corporation in the amount of $30,410 for additional services required during the lift station rehabilitation of lift stations 601, 604, 606, and 901 based on Bid #094-2821-01/C]D Proposed Resolution No. R02-212 Re: Executing Task Order #01-12 with Camp, Dresser, and McKee, Inc., Utilities General Engineering Consultant, in the amount of $148,000 for design, bidding, and construction management services to convert our chlorine gas storage facilities to sodium hypochlorite at both the East and West Water Treatment Plants D. Ratification of Planning & Development Board Action: Gateway Plaza (USAP 02-002), Lot 91-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard - 12 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 I the Quantum Park PID South Congress Residential (NWSP 02-0;L7), East of Congress, South of Golf Road - Request new site plan approval for a 340-unit multi-family development on a 32.16-acre parcel Staples (NWSP 02-0:L8), Shoppes of Woolbright PCD (Portion of Tracts "A" and "E') - Request for new site plan approval for a 30,438 square foot retail store on a 4.10 acre out-parcel in the Shoppes of Woolbright PID E. Ratification of CRA Action: None Motion Vice Mayor Ferguson moved to approve the consent agenda, as amended. Motion seconded by Commissioner McCray. Commissioner Weiland noted that since Item VI.B. was postponed, Item VI.D.1. is a related item. Attorney Cherof confirmed for Commissioner Weiland that Consent Agenda Item VI.D.1 was postponed along with Public Hearing Item VI.B. Vote The motion carried 5-0. RECESS WAS CALLED AT 8:00 P.M. THE MEETTNG RECONVENED AT 8:10 P.M. VIII. CITY MANAGER'S REPORT: Discussion regarding City Commission representation at the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi- .lurisdictional Issues Coordination Forum Mr. Bressner noted that the City is represented at many regional organizations. By participating in these organizations, the City is kept informed about issues of regional importance and the City's voice can be heard. Mr. Bressner felt it was important that the City continue to participate in these activities. Currently Mayor Broening represents the City at the Palm Beach County League of Cities and is on the Board of Directors. Mayor Broening's term will not expire until 13 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 sometime in late Spring. There is also a need to have representation in the general membership. In the past there has been one elected official as the lead representative and alternates would come from the remaining Commissioners or the City Manager. Since Commissioner Fisher had been the elected official, his successor needs to be chosen. Motion Vice Mayor Ferguson nominated Commissioner McCray. Motion seconded by Commissioner McKoy and unanimously carried, With regard to the Metropolitan Planning Organization, the Mayor has historically represented the City on this Board as well and desired to continue in this role. Motion Commissioner Weiland nominated Mayor Broening. Motion seconded by Commissioner McCray and unanimously carried. With regard to the Coalition of Boynton West Residents Association (COBWRA), Vice Mayor Ferguson stated that he would be willing to represent the City. Motion Commissioner McKoy nominated Vice Mayor Ferguson. Motion seconded by Commissioner Weiland and unanimously carried. Mr. Bressner said that it would be necessary to appoint an alternate to COBWRA. Motion Commissioner McCray nominated Mayor Broening. Motion seconded by Vice Mayor Weiland and unanimously carried. Mr. Bressner explained that the Multi-Jurisdictional Issues Coordination Forum works with the School Board, Water Management District and other special districts to coordinate activities. Commissioner McKoy indicated that he would be willing to serve on this Forum. Motion Vice Mayor Ferguson nominated Commissioner McKoy. Motion seconded by Commissioner Weiland and unanimously carried. Mr. Bressner requested that an alternate also be selected. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Motion Commissioner McCray nominated Vice Mayor Ferguson. Motion seconded by Commissioner McKoy and unanimously carried, B. Discussion of Report on Special Events Mr. Bressner reported that the City staff has prepared a strategic plan for special events that will be presented by Mr. Segal. The purpose of the report is to establish a definition for special events, guidelines for moving towards self-funding of the events, providing guidance for location of the events, and to give direction for future activities. It is also being proposed that an advisory board be established to identify and design future events, as well as establishing a community endowment fund that would become a funding mechanism for special events. Mr. Segal presented the Plan through a PowerPoint presentation and the salient points of the Plan are as follows: · A special event is a happening to bring people together for a particular purpose. · Traditionally a special event is to instill community pride and bring residents together. · Special events distinguish themselves from recreational functions to provide a tangible return of investment, which can be measured by increased opportunities for economic development. · Planning committees can be the glue for all stakeholders. · The first step is to develop a strategic plan and to define the mission, goals and objectives. · The mission is to create citywide events that celebrate cultural diversity and stimulate economic development in partnership with business and community members that would result in an investment in human capital through a community endowment fund. · Creating events with a purpose. · The business focus would be economic development · The purpose would be to return value to the community through memorable and spectacular events and to enhance economic development opportunities. · Boynton Beach will be portrayed as an interesting place to live, visit and do business. · Work closely with the CRA and the Chamber of Commerce to forge new partnerships with business. · Special events will be treated as a unit of government to communicate with other governments, thus opening the door to opportunities that can be cultivated by the CRA and Chamber of Commerce. · Enhance stakeholder involvement. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Special events will be used to link the east and west sides of the City. The City would no longer pay for the events. Money would be raised for the events and a business enterprise model will be applied. Next year will be a transition year for special events. The City will continue to support some traditional functions while insuring that special events serve a specific purpose, be self-sustaining, promote cultural awareness and involve the community. Special events can be an effective liaison through planning committees that involve everyone in planning future growth and development. Commissioner McCray inquired if there is any money budgeted for special events. Mr. Segal responded that there is approximately $78,000 for all special events and is not earmarked to the community fund. Commissioner McCray inquired if there would be more events in 2003. Mr. Segal responded that an event will be held in each Commission District. Each Commissioner will be asked for his input for people to serve on committees to plan the events. Mr. Bressner stated that they were looking for direction so that staff could move forward. Mr. Bressner felt it was very important that a committee or advisory board to assist with special events be established. This would be very helpful in determining what events would be of interest to the community. Mayor Broening called for a motion to accept the report. Motion Commissioner McCray moved to accept the report. Motion seconded by Commissioner McKoy and unanimously carried. Request for City Commission authorization to join (at no cost to the City) with other cities in the filing of an amicus brief in the Osceola County Utility Tax case Assistant City Manager Dale Sugerman explained the purpose of becoming a friend of the court in this case, which could have a profound effect upon the City's utility fund. Recently an Osceola County Circuit Court entered a property tax judgment against the Florida Water Utilities Authority, which operates similarly to this City by providing water to City residents, as well as County residents. The Court ruled that utilities that provide services outside of their city limits do not serve a public purpose. As a result the service, lines, meters and infrastructure outside the city limits are subject to both property and personal tax. :If this case prevailed, this would require all cities that provide these services to pay millions of dollars in taxes that would be passed on to the ratepayers. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 The judgment is being appealed and the City of Sunrise has filed an amicus brief. Also, West Palm Beach and Riviera Beach have joined the amicus brief and the City of Boynton Beach would also like to join in. Nr. Sugerman requested that the Commission approve Boynton Beach joining in on the amicus brief. There will be no cost to the City since the litigation is already financed. By joining in on the brief, the City would be providing moral support and would be able to testify if needed. Mayor Broening inquired what percentage of the service area is outside the City limits. Nr. Sugerman responded that it is approximately 25%. Mr. Bressner pointed out that any taxes received would go to the County and not the City. Nr. Sugerman reiterated that by joining the case, there would be no costs to the City. However, if the ruling were against all the Cities, it would cost the City substantially. Nr. Bressner pointed out that it would be in the best interests of the City to join in the lawsuit. Motion Vice Mayor Ferguson moved to approve. Notion seconded by Commissioner McCray and unanimously carried. IX. FUTURE AGENDA TTEMS: 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 CTBA) X. DEVELOPMENT PLANS: None XI, XII. NEW BUSTNESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-057 Re: Amending the Comprehensive Plan Future Land Use Nap from Local Retail 17 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre (Merano Bay) City Attorney Cherof read proposed Ordinance No. 02-057 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-057. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 02-058 Re: Modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations City Attorney Cherof read proposed Ordinance No. 02-058 by title only. Gary Lehnertz, 719 SW 2nd Avenue, Boynton Beach, opposed the ordinance. He noted that the amount of industrial space in the City is diminishing and there is a great deal of land that could be used for residential purposes. Mr. Lehnertz said that a lot of the industrial land could be used for greenways. Tf the ordinance passes, most of this land would be bought up and the possibility for greenway connections would disappear. Commissioner Weiland pointed out that he voted against the ordinance on first reading and will do so again tonight. He also agreed with Mr. Lehnertz that if the ordinance passed, the industrial land would no longer be available for greenway purposes and that developers would purchase most of this property. He pointed out that apartment buildings would be placed on these properties and apartments attract crime. As a result, more police and fire presence would be needed. Commissioner Weiland stated that the City does not have all its infrastructure in place, yet the City continues to allow development to flourish. All this development will result in the need for more fire and police services. He feels that the City should continue to support redeveloping the downtown and Federal Highway areas because the services are already in place. Commissioner Weiland requested that the Commission consider postponing approval of the ordinance to a lengthy future date until more police officers and fire personnel are onboard. Commissioner McCray referred to a report prepared by staff regarding apartment living and noted that this has become a way of life and today's population is more open to apartment living than ever before. 18 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Vice Mayor Ferguson had concerns that there would be no industrial land left if the ordinance passed. Commissioner McKoy wanted to insure that there would be enough green space in the City and suggested that a further study be undertaken. Mayor Broening informed Commissioner IVlcKoy that there is a consultant currently conducting a greenway study. Mayor Broening asked what constitutes prime industrial land. He was not sure if any such land existed in Boynton Beach. To him, prime industrial land is already bought and used for industrial purposes. Mayor Broening pointed out that the ordinance will give this Commission and future Commissions the ability to move ahead, rather than wait for the market to change, if it ever does. Quintus Greene, Director of Development, noted in his report of November 27th that of the 154 acres remaining for industrial development in the City, there were only six parcels that contain two or more acres. Now, there are only five, because this past week one of those parcels was taken off the market. Commissioner Weiland inquired if the ordinance were passed tonight, would this allow a developer to purchase an industrial zoned parcel of land that is already developed, raze it, and build residential on the site. Mr. Greene responded that this is possible, but it would still have to go through the approval process. Commissioner Weiland felt that any industrial space in the City is prime, if a developer can get the property rezoned to its liking. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-058. Mayor Broening passed the gavel and seconded the motion. City Clerk Prainito called the roll and the motion carried 3-2 fY~ce /~ayor Fergu$on and Comm/$sioner l/Ye~land d/'~sen~/'ng.) Proposed Ordinance No. 02-059 Re Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof read proposed Ordinance No. 02-059 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-059. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Proposed Ordinance No. 02-060 Re: Amending the Comprehensive Plan Future Land Use Map from Industrial (I) to High Density Residential (HDR) (South Congress Residential) City Attorney Cherof read proposed Ordinance No. 02-060 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-060. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried 4-1 (Commiss/oner PVe/landd/ssen#ng.) B. Ordinances - 1st Reading Proposed Ordinance No. 02-061 Re.' Amending the Motorola DRI/Master Plan to allow retail, commercial, and 500 residential units on 48.1 acres of the 87.4 acre site City Attorney Cherof read proposed Ordinance No. 02-061 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-061. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 02-062 from M-! Industrial to PUD Planned Unit Congress Residential) Re: Rezoning Development (South City Attorney Cherof read proposed Ordinance No. 02-062 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-062. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 3-2 (V/ce/~a?or Ferguson and Comm/ss/oner kVe//and d/ssent/ng.) C. Resolutions: Proposed Resolution No. RO2-213 Re: Amending Resolution No. 01-250, which establishes guidelines for the eligibility of the hardship waiver for the City's Fire Rescue Special Assessment City Attorney Cherof read proposed Resolution No. 02-213 by title only, 2O Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Motion Vice Mayor Ferguson moved to approve proposed Resolution No. R02-213. Motion seconded by Commissioner McKoy and carried 5-0. Proposed Resolution No. R02-214 Re: Abandonment of a 300-foot right-of-way on S.E. 2nd Street (Gulfstream Lumber Property) City Attorney Cherof read proposed Resolution No. 02-214 by title only. Mayor Broening asked City Attorney Cherof to explain the purpose of Resolution No. R02-214. City Attorney Cherof explained that the Commission in 1995 had approved this abandonment, but since the property owner needed recorded information for title purposes, the City has been requested to clear this up. Motion Commissioner McCray moved to approve proposed Resolution No. 02-214. seconded by Vice Mayor Ferguson and carried 5-0. D. Other: Motion Motion Motion authorizing full settlement, inclusive of all claims between the City of Boynton Beach and Boynton Beach Apartments Associates, Ltd., in the amount of $20,000 Vice Mayor Ferguson moved to approve. Motion seconded by Commissioner McCray and unanimously carried. XIII. UNFINISHED BUSINESS: A. Recommendation from CRA regarding Old High School Doug Hutchinson, CRA Director, gave an update on the Old High School. Mr. Hutchinson referred to the report that he had previously distributed. It has been determined that the cost to restore the Old High School will cost the community approximately $2.00 for every $10.00 spent because of the availability of grants to finance the project. ]t is anticipated the building could be used for several uses including additional space for City offices. The Children's Museum is also in need of more space. He was in favor of exploring ways to save a major historic structure, and he would like to allow interested groups that want to save the School to have an 21 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 opportunity to do so. It has also been suggested that a task force be formed to work on this as well. Mr. Bressner reported that the CRA made a three-point recommendation as follows: Allocate $50,000 from the City'S capital improvement fund for a feasibility study for adaptive reuse of the structure, which was discussed in Mr. Hutchinson's report dated November 19, 2002. Postpone demolition plans until after January 1, 2004. Establish an ad hoc seven-member task force made up of representatives of the CRA (three, including the Director), the Cultural Board, and two community groups. The CRA Director has recommended that the task force be expanded to nine members to allow for two more representatives from community groups, such as the Recreation and Parks Board, to participate. IVlr. Bressner was in accord with this recommendation. Mr. Bressner further reported that the costs of keeping the building stable are approximately $20,000 that would cover utility costs, insurance, etc. He also pointed out that there is $250,000 budgeted for the demolition. Mr. Hutchinson added that the onus of saving the building will be shifted to private groups and not the City. Vice Mayor Ferguson suggested that a member from the City Commission also sit on the task force. Mr. Hutchinson pointed out that this was also recommended by staff, as well as adding a member from the arts program. Mr. Bressner thought it would be best to have less staff members on the committee and that staff should perform more of a support role. Mayor Broening called for a motion to approve the CRA modified recommendation for the Old High School and that one member of the Task Force be a Commissioner, which could be determined at a future date. Motion Commissioner McCray moved to accept the CRA recommendation, as modified. Motion seconded by Vice Mayor Ferguson and unanimously carried. 22 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 XTV. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 9:05 p.m. C1TY OF BOYNTON BEACH Mayor ~~~~j'.jj~Vice M ( .... Recording Secretary Commissioner (three tapes) 23 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - [C AUDIENCE Fill in the information called for below and give to the City Commission Meeting. Name Address / Telephone Summary of Matter to be prior to the start of the City 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, (5611 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 prio/r,'to the start of the City Commission Meeting. ~-~ ~ Name '.~-v ~ ~./~,] ~.~'-/~.,,) ~,~_~~~_,/~ Ad dress Telephone~ ~/-' ~-~- ~ /~ ~/~~ Summa~ of Mat~er to ~e ~resse~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 shah furnish appropriate auxiliary aids and sel~,ices 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, {5611 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. ,~r ~' ~ /, : ,~ A~ [:~ ITEMS ~ ~/ Fill in the info~a~n called f~below and '~ to the .~tY Clerk p~or~o the sta~ of, the Cityl / Commission Meeting. ~ ~ '~ ~] ~ ~U~ ~. ~~ d~ Name ~~ ~ ~~ M~tter to be Address Telephone # Summary of topic City If a person decides to appeal any decision made by will need a record of the proceedings and, for such made, which record includes the testimony and Agenda #--~-~ : to any matter considered at this meeting, he/she need to ensure that a verbatim record of the proceedings is the appeal is to be based. (F.8. 286.0105} The City shall furnish appropriate auxiliary aids and so,Ices 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 C/~"'.~4 / ~ ~ f ~(fr ]~ PUBLIC COMMENT CARD ~ AGENDA ITEMS _~ /, Fill in the information called for below and give to the City C.Y~rk prior to the start of the City NameC°mmlssi°n Me~tl~. ~'~'.~ ~I~_ ~k~ ~'?.): // . ,,,,'"" _.: - Telephone # ~ ~ ~ - Agenda # Summary of Matter to2e Addressed - {/0~ topic p~r cardI :-~. ~:'~' matter considered at ~ meetS, he/she ensm that a ~rbatim record of ~e p~ceed~s ~ to be bsaed. ~F.~. 2S6.0105~ The City sha~ ~ish appropr~te a~ia~ aids and so~ces where n~ce ~ to afford an ~di~d~l ~ a d~abfll~ an eq~ opportunity to pa~icipate ~ and enjoy the benefits of a se~ce, program, or~acti~ conducted by the Ci~. ~ea~ contact Joyce Coste~o, ~551~ 742-5013 at least ~enty-fo~ hours prior to the pro,ram or acti~ ~ order for the ci~ to ~azonably accommodate yo~ request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info~ation called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Summary of Matter to be Ad e topic per card} 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. IF.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 sex,ice, 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 Fill in the information called for below and give to the City Clerk prior to the start of the City Summary of Matter to be Addressed -IO~e'~pic per card~ Commission Meeting. Address Telephone $ If a person decides to appea y decision made by the City Commission with r~ 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. IF.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 se~-lce, program, or activity conducted by the City. Please contact Joyce Costello, 15611 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 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 Telephone Summary of Matter to be Addresse~e topic p~r card} 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 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 ~ ~ Ad.ess Telephone # Y~ [ - -~ ~- // Agenda # Summary of Matter to be Addressed - {0 per card} If a ~n decides to appeal any dec,ion made by th~Cl~ Comm~ion wi~s~ct to any m~er co~ldered at t~ mee~, he/she wffi need a record of the proceeders and, for such ~pose, he/she may need to ensue that a ~rbat~ record of the p~ceed~s made, which record ~cludes the testimony and e~nce u~n which the ap~al ~ to be based. {F.8. 286.0105l The City sha~ ~h appropriate a~ aid~and se~ces where necem~ to afford an ~di~d~ ~th oppo~uni~ to pa~icipate ~ and enjoy the be~flta of a se~ce, pro,ram, or acti~ conducted by ~e Ci~. ~ea~ contact Joyce Coste~o, ~561) 742-6013 at least ~enty-fo~ horn prior to the program or acti~ ~ order for the ci~ to rea~nably accommodate yo~ request. O BOYNTON BEACH CITY COMMISSION MEETING /~ /~ AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to thg start/of the City Commission Meeting. Address Telephone Summary of Matter to be Addressed - (One topic per card} 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 pu~pese, 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.8. 286.0105) The City shall furnish appropriate auxiliary aids and sel~ices 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 AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Address Commission Meeting. Name ~ Ca~(~ l~ Telephone # ic per card} Summary of Matter to be Addressed - { If a person decides to appeal any decision made by t~l~e City Comml~to~ wll~ respect to any matter conslderod at this ~eetin~, he/she will need a record of the proceedings and, for suc~b[ purpose, he/she may neL~to ensure that a verbatim record of the proceedings is made, which record includes the testimony and e~idence upon which the appeal~l~ to be baaed. (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. MEMORANDUM To: From: Date: Kurt Bressner, City Manager Quintus Greene, Development Director November 27, 2002 Re: Apartment and Industrial Land Inventory Attached is a summary of existing and proposed apartment developments with 100 or more units. Although the total number of apartment units in the city is actually greater than the 6,760 indicated, the additional units are in developments that are too small and scattered to be effectively quantified for this report. Also attached is an inventory of land currently zoned R-3 (Multiple Family) and C-3 (Community Commercial) that would allow multi-family (apartment) development. It should be noted that of the 1,478 acres zoned for these uses, there are only six acres currently available that are suitable for apartment development. This would accommodate approximately 73 units. Most recently, the pattern appears that the majority of new and proposed apartment development in the city has resulted from the rezoning of property from other uses. In this regard it should be noted that the last remaining high profile vacant parcel in the city, the 109 acre '~/inchester" parcel at Congress Ave. and Old Boynton Road, is currently zoned for single family development. However, a rezoning of this parcel for multi-family use would allow for allow for an additional 1177 units. Finally, there is a comparison of the amount of vacant industrial acreage in the city with the total number of acres with a Comprehensive Land Use Plan designation of "Industrial." Here it should be noted that of the 154 remaining acres available for industrial development in the city, there are only six parcels that contain more than two acres. APARTMENT DEVELOPMENTS WITH 100 OR MORE UNITS Development I Address/Location I Number Club Meadows 100 MEADOWS CIRCLE 410 Boynton Bay 499 BOYNTON BAY ClR 240 Mahogany Bay 2300 W GATEWAY BLVD 328 Via Lugano 1400 VIA LUGANO CIR 364 Casablanca 816 w BOYNTON BEACH BLVD 203 Gulfstream Harbor 621 SE 15TH AVE 160 Vinings I (Gables at Boynton Beach) 100 NEWLAKE DR 252 Vinings II (Gables at Boynton Beach) 100 ASBURY WAY 296 Banyan Creek 1561 STONEHAVEN DR 288 Clipper Cove 1500 SOUTHERN CROSS LN 384 Boynton Landings 2301 CONGRESS AVE 196 Whalers Cove 2400 CONGRESS AVE 135 Savanah Lakes 220 SAVANNAH LAKES DR 466 Newport Place 4735 NW 7TH CT 224 Belmont 1 BELMONT PLACE 192 Manatee Bay 1632 N. FEDERAL HIGHWAY 180 Tuscany on Intracoastal US 1 AND 23RD STREET 286 Alta Chase SW 8TH STREETNVOOLBRIGHT RD 216 JNDER CONSTRUCTION lillas on Quantum Lake QUANTUM PARK 272 Villa del Sol us 1 AND OLD DIXIE HWY 312 RECENTLY APPROVED The Residences at Marina Village Quantum Village South PROPOSED CASA LOMA BLVD 282 QUANTUM PARK 234 Jefferson at Boynton Beach SOUTH CONGRESS AVENUE 340 Motorola 1500 GATEWAY BLVD 500 * of Units TOTAL 6,760 * Estimated INVENTOR Y OF LAND ZONED FOR RESIDENTIAL MUL TIPLE-FAMIL Y DEVELOPMENTS Total acreage of land zoned R-3 (Multiple Family) or C-3 (Community Commercial, allows multiple-family) Total acreage of vacant parcels with size and density suitable for multiple-family developments · Total potential number of units 1,478 acres 6 acres 73 IND US TRIAL LAND INVENTOR Y Total acreage of land with Future Land Use designation of "Industrial" Total acreage of vacant industrial land 770 acres 154 acres* *Only 6 of the parcels contain more than 2 acres With real estate hot, it's a renters' market ~ ~ ~,.~ Page 1 of 3 http..//¢y~v_w_._s~un-_scntjnel,c_om/_busin_essAoca[/_sfl-sbrentalO ~ decO 1,0,2143361 ,stgry?coll=sf!a% 2Dbusjness?/,~Dhca-dl~nes With real estate hot, it's a renters' market By Robyn A. Friedman Special Correspondent December 1, 2002 For two years, Tracy Holste and her fianc6 were happy being tenants. They lived in a townhouse in Tamarac and an apartment at Coconut Creek. Then, "I got tired of renting," said Holste, 32. "Tired of the money going out the window and not having anything to show for it." They started looking for a house, but prices were too high. Then interest rates dropped and they were able to shop for homes that were $40,000 more than they thought they could afford. They finally bought a $193,000 house in Coconut Creek. Attractive interest rates are luring renters like Holste to take the leap to home ownership. Low rates translate into lower monthly payments that allow homebuyers to qualify for higher mortgages. But not everyone is celebrating. Low interest rates are helping put pressure on the apartment industry. To draw tenants, landlords have become aggressive marketers, offering a month or two of free rent and other incentives. According to Reis Inc., a New York research firm for the real estate industry, more than five times as many complexes as last year are now offering free rent, additional services or incentives. And locally there's more potential for trouble: In the Fort Lauderdale metropolitan area alone, 3,400 new units are expected to be completed from this quarter through the end of 2003. "Our occupancy rates have been under pressure in South Florida, most particularly in Palm Beach County where there's more building," said Steve Johnson, vice president of asset management for Atlanta-based Equity Residential, which owns 43 apartment projects in South Florida. Johnson said the company's occupancy rate in Palm Beach County has dropped 2 percentage points, to 93 percent, because of the large number of newly constructed apartments coming online. Occupancy rates in Broward and Miami-Dade counties are 95 percent and 96 percent respectively, Johnson said. Miami-Dade is one of the strongest apartment markets in South Florida, Johnson said, because there is little new construction of apartment units and hence less competition. Also, the stock of rental units is being depleted as many apartment projects are converted to condominiums. With fewer units available, occupancy rates and rents are holding steady. Free trip to spa http://www.sun-sentinel.com/templates/misc/printst°ry'jsp?slug=sfl%2Dsbrenta10 ldec01 12/2/2002 MEMORANDUM To: From: Date: Kurt Bressner, City Manager Quintus Greene, Development Director ~'~ November 27, 2002 Re: Apartment and Industrial Land Inventory Attached is a summary of existing and proposed apartment developments with 100 or more units. Although the total number of apartment units in the city is actually greater than the 6,760 indicated, the additional units are in developments that are too small and scattered to be effectively quantified for this report. Also attached is an inventory of land currently zoned R-3 (Multiple Family) and C-3 (Community Commercial) that would allow multi-family (apartment) development. It should be noted that of the 1,478 acres zoned for these uses, there are only six acres currently available that are suitable for apartment development. This would accommodate approximately 73 units. Most recently, the pattern appears that the majority of new and proposed apartment development in the city has resulted from the rezoning of property from other uses. In this regard it should be noted that the last remaining high profile vacant parcel in the city, the 109 acre '~Ninchester" parcel at Congress Ave. and Old Boynton Road, is currently zoned for single family development. However, a rezoning of this parcel for multi-family use would allow for allow for an additional 1177 units. Finally, there is a comparison of the amount of vacant industrial acreage in the city with the total number of acres with a Comprehensive Land Use Plan designation of "Industrial." Here it should be noted that of the 154 remaining acres available for industrial development in the city, there are only six parcels that contain more than two acres. APARTMENT DEVELOPMENTS WITH 100 OR MORE UNITS Development I Address/Location Club Meadows Boynton Bay Mahogany Bay Via Lugano Casablanca Gulfstream Harbor Vinings I (Gables at Boynton Beach) Vinings II (Gables at Boynton Beach) Banyan Creek Clipper Cove Boynton Landings Whalers Cove Savanah Lakes Newport Place Belmont Manatee Bay Tuscany on Intracoastal Alta Chase UNDER CONSTRUCTION Villas on Quantum Lake Villa del Sol RECENTLY APPROVED The Residences at Marina Village Quantum Village South PROPOSED Jefferson at Boynton Beach Motorola 100 MEADOWS CIRCLE 499 BOYNTON BAY CIR 2300 W GATEWAY BLVD 1400 VIA LUGANO CIR 816 W BOYNTON BEACH BLVD 621 SE 15TH AVE 100 NEWLAKE DR 100 ASBURY WAY 1561 STONEHAVEN DR 1500 SOUTHERN CROSS LN 2301 CONGRESS AVE 2400 CONGRESS AVE 220 SAVANNAH LAKES DR 4735 NW 7TH CT 1 BELMONT PLACE 1632 N. FEDERAL HIGHWAY US 1 AND 23RD STREET SW 8TH STREET/WOOLBRIGHT RD QUANTUM PARK US 1 AND OLD DIXIE HWY CASA LOMA BLVD QUANTUM PARK SOUTH CONGRESS AVENUE 1500 GATEWAY BLVD Number of Units 410 240 328 364 203 160 252 296 288 384 196 135 466 224 192 180 286 216 272 312 282 234 340 500 * TOTAL 6,760 Estimated INVENTOR Y OF LAND ZONED FOR RESIDENTIAL MUL TIPLE-FAMIL Y DEVELOPMENTS Total acreage of land zoned R-3 (Multiple Family) or C-3 (Community Commercial, allows multiple-family) Total acreage of vacant parcels with size and density suitable for multiple-family developments * Total potential number of units 1,478 acres 6 acres 73 INDUSTRIAL LAND INVENTOR Y Total acreage of land with Future Land Use designation of "Industrial" Total acreage of vacant industrial land 770 acres 154 acres* *Only 6 of the parcels contain more than 2 acres " With real estate hot, it's a renters' market Page 2 of 3 To attract and retain tenants -- Johnson said that between 18 and 25 percent of Equity's tenants purchase homes when they leave -- the company is "dealing on rent," giving out one to three months of free rent. "This is a renter's market," he said. Also, Equity is upgrading its units and recently introduced a program called "Take a Year Off -- We're Making Life Easy," a sweepstakes that offers new tenants and those renewing leases the opportunity to win a $30,000 "salary," $12,000 in rent, $4,000 in car payments and $4,000 in groceries. Altman Cos. of Boca Raton is also offering rent concessions. At Porto Bellagio, its new luxury complex in Sunny Isles Beach with an indoor basketball court and high-speed Internet access in units that rent for as much as $3,284 a month, the company is offering a free month along with an "indulgence package" for those who sign a lease by the end of November. That package includes tickets to sporting and cultural events and to a local spa. Boca Raton-based Gables Residential, which owns or operates about 16,000 apartment units in South Florida, has seen its occupancy rate decrease, but not too badly. "It's probably a half percent," said Cris Sullivan, the company's vice president of asset management. "It's not significant, but we haven't been able to push rent up as much as we typically would be able to do." Instead of offering concessions, Sullivan said the company tries to lure tenants in with competitive rents. By holding rents basically level, the company's rate of new people leasing has been about the same as in previous years. Still, Gables recently introduced a customer-care program, Gables Great Rewards, that rewards its residents with discounts on dining and travel. A resident's choice of rewards improves with his length of stay. For example, those completing their second year as Gables residents can elect to have their carpets shampooed or have their walls or front door painted in a decorator color. Not all landlords are struggling. Arlington, Va.-based Charles E. Smith Residential, which operates six apartment projects in South Florida, is actually gaining tenants. The company's occupancy rate is currently 93 percent. But to hold occupancy rates steady and compete with new apartment projects, it has been forced to offer free rent at its projects in the Bal Harbour and Hollywood areas. In Miami Beach and Fort Lauderdale, where demand is still strong, the company is not offering concessions, according to Mabel Mendoza, sales and marketing manager for Florida. And Darren Barnes, vice president of Gilroy, Calif.-based Deerfield Holdings LP, said occupancy has been fairly stable at its Mayfair Manors Apartments, a 118-unit garden apartment complex in Deerfield Beach. Although a large number of one-bedroom units were vacant about four months ago, the company began advertising more aggressively and waived security deposits for new tenants, filling most of the units. Some industry analysts worry that newly constructed apartments will soon flood the area and depress the rental market. According to Reis, 4,369 multifamily units were approved for construction in Broward County during the first eight months of 2002 -- more than twice the amount approved for all of 2001. Andre~v Wright, a senior consultant with the company, questions whether there is enough demand to support all the new apartment construction scheduled for completion over the next two years. He said that current vacancy rates in Fort Lauderdale are 6.5 percent, up from 1 percent two years ago. "When you go from 1 percent to 6.5 percent, we don't see any indication of pent-up demand in Fort Lauderdale http ://www.sun_sentinel.com/templates/misc/printstory.j sp?slug=sfl%2Dsbrenta101 decO 1 12/2/2002 ' With real estate hot, it's a renters' market Page 3 of 3 for apartments," he said. IOthers disagree. "There's enough demand to support all the units coming online if the economy continues to move in a positive direction," said Rosendo Caveiro, a senior vice president at Grubb & Ellis in Miami. "Rent increases will not continue at the pace we saw in the last 12 to 18 months, but just because the market is not climbing as aggressively as we've seen over the years doesn't mean that it's dead or turning." In fact, relative to other areas of the country, South Florida is seen as having a healthy apartment market. For example, in the third quarter of 2002, Denver had a 91 percent occupancy rate and Atlanta 90 percent, according to Reis. Caveiro said South Florida is one of the hottest markets in the country for investors seeking to purchase apartment projects. In Miami-Dade County, eight large projects sold this year to date, including The Waverly at South Beach, for a record-setting price in the county of$243,734 per unit. In Broward County, 12 projects were sold, and in Palm Beach County, nine changed hands. Caveiro remains bullish on the apartment market in South Florida. "Owners got used to being fully occupied, with rent increases of 4 to 8 percent a year," he said. "But we can't maintain that -- not in this economy. Owners just can't be as aggressive as they've been; they just have to get back to normal." And that bodes well for people looking to rent apartments right now. "Those remaining tenants who are not moving out of the renter pool are being fought over by apartment owners," said Johnson of Equity Residential. "Today, renters are in the driver's seat." Robyn A. Friedman is a freelance writer. She can be reached at rafriedman@att.net. Copyright 0 2002, South Florida Sun-Sentinel I http://www.sun-sentinel.com/templates/misc/printstory.jsp?slug----01%2Dsbrenta101dec01 12/2/2002 Location Map Nautica Abandonment EXHIBIT "A" AG BAHIA WAY ;~PUD SITE __,,--, SURVEY NOTES: I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE PER THE PLAT OF NAUT1CA P.U.D., PLAT ONE WITH A REFERENCE BEARING OF NORTH 89°25'34" WEST ALONG THE NORTHERLY MOST NORTH RIGHT OF WAY LINEOF NAUTICA BLVD. 4. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH 5. SEE SHEET 2 OF 6 FOR LEGEND 6. THE 'LAND DESCRIPTION" HEREON IS IN ACCORDANCE WITH THE INSTRUMENT OF RECORO 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORDS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. LAND DESCRIPT[ON~ TRACT "B", NAUTICA P.U.D. PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 74, PAGES 170-175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR[DA, LYING IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST: SAID LANDS LYING [N THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 190,260 SQUARE FEET (4.37 ACRES), MORE OR LESS. CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCR[8ED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON JANUARY 3, 2002. i FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT.TO THE QUALIFICATIONS NOTED HEREON. / KEITH AND SCHNARS, P.A. ~ ENGINEERS-P~NERS-SURVEYORS // BY: ROBERT K. KRISAK, P.S.M. FLORIDA REGISTRATION NO. 4641 SKETCH OF DESCRIPTION DATE m-o3-o2 0AlE REVISIONS £glTIJ AND S(]HNAR$,P,A.! NAUTICA BOULEVARD SCALE AS SHOI~IN: ~ ENTER5 - PLA~RS - SURVEYORS TRACT "B", NAUTICA P.U.D. FIEL0 BK. N/A (PB 7q, PG. 170-175 P.B.C.R.) OW~.BY T.H.G. SHEEI NO. I OF G SH[EIS Ci[Y OF BOYNION BEACH ,~ B[~c. COU,~Y.F~OR,O~ CHK. BY R.K.K. I DRAWING NO. 16937L' SEE SHEET 4 OF 6 TRACT "B", NAUTICA P.U.D MATCH I INE ~--",t~_____~ z (P8 74, POS ~ I i 50 0 50 2o' UTILITYI ,i I GRAPHIC SCALE EASEMENT (P)I 40.O' I, 40.0' r- I I I I 25' BUFFER o 10' UTILITY ~ '~ EASEMENT (PI L1 £ o EASEMENT (P)~ ~ I l- I EASEMENT (P) ~ - ~ I 1 MAINTENANCE . 13 ~ MA [ NTENANCE ~1 I TRACT "L2'II ,] I I 20' LAKE SIGNAGE I ( ' EASEMENT (P) N~J I EASEMENT (P> / /~ I " A I I 0' BUFFER CCES5 EASE~NT I I / ~35.82' ~-.x I EASEMENT (P) (O.R.B. 6099, PG. 1506) ~ ...... ~ 20' UTILITY EASEMENT ~3' F.P.L. EASE~NT (O.R.B. 6144, PG. 256) SKETCH OF DESCRIPTION DA~E om-o)-o2 DAE REwsmoNs ~[EITH ~ND 8CHN~R$,P.~. NAUTICA BOULEVARD SCALE AS SH0~ ClfY OF BOYNTON B[ACH PALM BEACH COUNTY, FLORiDA CHK. BY R.K.K. DRAWING NO. 16937L' N 5' LIMITED ACCESSm ~ -- --r--' ' /, '/ ~oL-.~d./ /~ ~ ~ GRAPHIC SCALE / / ~ ~ / ~ //I ~~m %~ ?/ ,," /<' ;/ ,,,; ///1 ~ TRACT "8"~AUTICA P.U.D /.'1 ~~: '::~: : i/~ / II/ ............... ,","L ... . ,,: I , ~ o' II /' ' 'l (LOT LINES NOT SHOWN) ' ' z ' ~ ; : EASE~NT P) II S J ~ II II :~ ~ 011 ~ II II ~~ LIMITED ~ ~ EASE~NT ~ ' N89'25'34"Wj o~ - '-g~Tob: SS.GO' / ~R M %20.00' 20.OO' . ~ I~ .~:0~// Ill '1' ~ATCN L [NE SEE SHEET 5 OF 6 SKETCH OF DESCRIPTION DATE m-O~-O2 DAtE REVISIONS ~[BIT~ AND ~CHNA~, NAUTICA BOULEVARD SCALE AS SHOrn :R~: ~,,~ . TRACT "B", NAUTICA P.U.D. FIELD BI. N/A ~~,~.r,.~.~.~ (PB 74, P0. I70-175 P.B.C.R.) DWi. BY T.H.O. SNEEr NO. 4 OF 6 sHErs C~TY OF ~OYNTON ~ aisc, COUNmFLOmO* CHK. BY R.K.K. DRAWING NO. 16937L- MATCHIL[NE 1t II I I SEE ISHEET I f 4 ,OF 6 ' N ~o' u~i,I T~-----i I z I EASEMENT (P) II > c , II s' U~M~TEOACCESS I1 -~ I Iij EASEMENT (P) . ~1 ~-- ~ , 0 ~ I I' EASEMENT <P) ~ I II < II ~ I~ '%11 , II'~ GRAPHIC SCALE II '~' II (PB 74, PO 170-i75, P.B.C.R.) EASEMENT [LOT LINES NOT SHOWN) ~ ~ ~ N~ ~, ~NN (LOT LINES NOT SHOWN) / / /~ ~, k~ ~.~s~ / ~ X Su~ /'xs' x, _,/~)_ / ~ .~- /. '~. ~ ~~ 36 ~ /e W PLAT LIMITS SKETCH OF DESCRIPTION BATE ol-o]-o2 O~fE REVISIONS ~KEITB AND NAUTICA BOULEVARD ISCALE AS SHO~ ~ ~ L. TRACT "B", NAUTICA P.U.D. FIELD BK. N/A (PB 74, PG. 170-175 P.B.C.R.) jD~.BY T.H.O, S~ET NO. 5 OF 6 CITY OF BOYNTON ~EACH 'p~LM e[ACHCO~TY, FLORe~ 'CHK. BY R.K.K. DRAWING NO. 16937L- MATCH L I N£ :-----~¢~ ~ :, :~,-.. ,,'~ bEE SHE~/T 5 OF 6//~ ' 50 0 50 ' ' ~ , ' ~1~ I °z ~1~ z ~ ~ 5' LIMITED ~CCESS TRACT "L]" EASE~NT (p) I I ~ ~ I ~AI NTENANCE MAINTENANCE SIGNAGE ~ , I ~ ~ I ~ 20' EASEMENT (P) EASE~Nt ~ /~ I ' ~ ~ ~ .... / EASE~NT (P) / k ~ ~ ' -__~___' .... L-m:¢.,.~ ~ ~'~,~-~' (O.R.B. 6099, PO. t506) NO2"O]'2~"E o~ EAST LINE SEC. I] NO2"O]'27"E ~ ('~ ~¢d5' ~6~5 ....... ~¢~: .............................. . ......... I]' F.P.L, EASEMENT (O.R.B. 6144, PO. 256 SKETCH OF DESCRIPTION BA~E m-0]-o2 B~f[ ~[wSlO~S ~[~IT~ ~ ~C~[¢,~.~. NAUTICA BOULEVARD SCALE AS SHO~ ~ ~c~,s. ~E~S - TRACT "B', NAUTICA P.U.D. FIELD BK. N/A (PB 74, PG. 170-175 P.B.C.R.) D~.BY f.H.G. SHEET NO. 6 OF 6 SHEETS CITY OF BOYNTON BE~CH - P*~ e~*c, COU, TY. FLO,m* CHK. BY R.K.~. DRAWING NO. 169~7L EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard fight-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording[ of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning~SHARED\W P~PROJ ECTS~AUTICA~,BAN 02-002XCOA.doc TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DE PARTMENT MEMORANDU'M NO. PZ 02-211 Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner October 3, 2002 Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "D") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: South: Nautica PUD Plat One, City of Boynton Beach Park (Tract "D") Nautica PUD Plat Two East: West: Lawrence Road right-of-way Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANALYSIS: If the abandonment is executed, both halves of the 80-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "D" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this halfback to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide right-of-way (only abutting Tract "D") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways / utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement / access easement. It is staffs understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress / egress is · 'maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning PUBLIC UTILITY COMPANIES No objection No objection No objection Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "D") Approval with conditions (see Exhibit "D") No objection No objection NIA RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C"- Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S \PI;~,~ning~$HAR. ED'~WP~PROJECTS~NAUTICA~AFIAN 02-O~tSl;~r'T Rcpa~ doc Location Map Nautica Abandonment EXHIBIT "A" · 2; ' ': i B"AH A WAY AG SITE -- l NW ?2ND AVE: EXHIBIT "B" PLAF L!'.Ii -'5~ 200 N 2O0. GRAPHIC SCALE TRACT "8", NAUTICA P.U.O (PS 74, PO 170-175, P.8.C.R. I RECREATION TRACT 40.04 ' Sdg~3,1 · 4,4 "W rR~CT "S" 268. 76' 502°05 '2F rR.*,CT "C ,"IAU T [ CA 8OUL E V,aRO TRACT LEGEND P PLAT PBCR PALM BEACH COUNTY RECORDS P8 PLAT BOOK PO PAGE L8 LICENSED BUSINESS PSM PROFESSIONAL SURVE¥0R AN0 MAPPER 0RS OFFICIAL RECOR0 800K FPL FLOR[OA POWER AND LIGHT R RADIUS A ARC L LENGTH ~ OELTA ~ CENTERLINE PLAT LI,MI TRACT 40.04' 589°83'05"W \ EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recordin~ of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conditions of Approval INCLUDE REJECT DEPARTMENTS ~~ X Comments: None PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: X 4. None ADDITIONAL CITY COMMISSION CONDITIONS Cnmment~: ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: " EXHIBIT "D" October 22, 2001 Sachs, Sax & Klein, P.A. Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn: blichael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr. Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. ~ett ~'~~Sincerely, ~ Customer Project Man. a. ger ,~n ~'PL Grm~p ~.nmp~ny EXHIBIT "D" BELLSOUTH BellSouth Telecommunications, inc. ENGINEERING DEPT, - RM. 107 7.02I SO. MILITARY TRAIL WEST PALM 8EACH. FL 32415 October l, 2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 Application to Abandon/Vacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same fights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. Yours truly, LFM:dn DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jefferson @ Boynton Beach APPLICANT'S AGENT: Jaime Gentile - Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Way Suite 100A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2002 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 340 multi-family apartments on a 32.16 acre parcel in a proposed PUD zoning district. LOCATION OF PROPERTY: South of Golf Road, east side of South Congress Avenue adjacent to south city limits. 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 Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on th .e,.4~'~ ~'.~l',~.e made in accordance with the terms and cond tons of this order.~ ~ ~ ;,' ~;~; ;:-.. ~ ~ 7. Other ; ~ ~ DATED: /¢ - & - O ~ ~/~- ~ u~' .;~itv Clerk Location IVlap JEFFERSON AT BOYNTON BEACH aka SOUTH CONGRESS RESIDENTIAL SLES OF HUNTERS'_RU~.. C~ rtl SW 35TH AVE ~PUD :--_--~Hu-NTERs RUN REC - -NEPTUNE _---~__ · ~ ......... ~ '-- M1 CITY BOUNDARY LAKE IDA LWDD L-30 CANAL EXHIBIT "A" RI~B- N EXHIBIT "B" xxxxXX~l Ill BOYZ',FFON BEACH, FLORIDA JEFFERSON AT BOYNTON lillli | :Il: 'II: I EXHIBIT "B" SO0'O0'O0"'~ 144~.76' ~ ~ LINE Lit'liT ~ ~1'I~IJC, TIC~ LINE BOYNTON BEACH, FLORIDA JEFFERSON AT BOYNTON BEACH i~ Iii i I EXHIBIT "B" CONGRESS AVENUE I III m ~--~ BOYN~ON BEACH, FLOR. IDA JEFFERSON ArF BOY-NTON BEACH EXHIBIT "B" BOY1Ntq'ON BE.~CH. FLORIDA 3EFFERSOIN AT BOYiNTON BEACH Ijjl ~!i I EXHIBIT "B" BOY~TON BEACH, FLORIDA JEFFERSON AT BOYTWTON BEACH EXHIBIT "B" BOYNTON BEACH, FLORIDA IEFFERSON AT BOY]NTON BEACH EXHIBIT "B Over'all Site Development Plan/Eegend of Drawings JPI Development - City of Boynton Beach, Florida EXHIBIT "B" .Congress Avenue" ( MATCHLINE (REFER TO SHE~ FRO4' FOR THIS AR~) ' I ~ ? · ,:..-.,.: :. ~..:':, '? . JPl-Oevelopment- C/ty of Boynton Beach, go~da . EXHIBIT "B" · ., ,,{,]l i'4, ,{~, .[{ ,,. ,~. :.,1: . L'-Cong ress AvenueO ~,~, MATCHLINE (REFER TO SHEET q'RC-4' FOR THrS AREA) il! 'i I0 Conceptual Overall Commofi~,re-,~ La~d,s~a~e Plan (2 of 5) JP_ l~)evelopment - City of Boynton Beach, Florida EXHIB X MATCHLJNE (REFER TO SHEET 'TRC-3' FOR THIS AREA)~ .... __ T "B Conceptual Over'ail Common Area Landscape Plan (3 of 5) JPI Development-__ City of Boynton_Beach,. F/orid¢ EXHIBIT "B'~ Z MATCHLINE.(REFER TO SHEET 'TRC-4' FOR THIS AREA)' Conceotual Overall Common Area Landscape Plan (4 of 5) J~J~J Development-_Ci~ o[ Boynton Beach, El~rJda_ MATCHLINE (REFER TO SHEET ~FRC-2' FOR THIS AREZ) ~ MATCHLINE REFER TO SHEET q"RC-5' FOR THIS AREA) Conceptual Overall Common Area Landscape Plan (5 of 5) JPI Development= City. of Boynton Beach, Florida__ FROM : MICHAEL T SCHALE & ASSOC. P.A. PHONE NO. : 561 417 5618 Now. 21 2802 01: 19PM P2 EXHIBIT "B" Fg]M : MICHAEL T SCHALE ~ ASSOC. P.A. PHONE NO. : 561 417 5618 Nov. 21 ~08~ 01:20PM P3 EXHIBIT "B" :" JPI Development - CRy of Bo,/t~ I~actl, ~ EXHIBIT "B" ,; ,,,t{ { i i: {Ii'{:{ JPl Development - Cit7 of Boynton Be~ch, Fk:gida FROM : MICHPEL T SCHALE ~ ASSOC. P.A. PHONE NO. : ~6! 417 5618 EXHIBIT "B" FROM : MICHAEL T SCHALE & ASSCC. P.A. PH~hZ_ NO. : 561 417 5618 Nov. 21 2082 81:23PM P6 EXHIBIT "13" (-MlllC~lf~ (Reler I'o'e~hae~ TR~,'r~arTI~i~Ni~I} -) t , il! JPI Development - City of Boynli;xq E]~,~, Florid~ I EXHIBIT "B' I ~' ! ~z EXHIBIT "B" k, IATCHLtNE SEE SHEET 4 OF 5 EXHIBIT MATCHLINE SEE SHEET 1 OF 5 MATCHUNE SEE SHEET 5 OF 5 X / / EXHIBIT "B" I I MATCHUNE SEE SHE-ET 2 OF 5 MATCHUNE SEE SHEET 5 OF 5 EXHIBIT "B" MATCHUNE SEE SHEET 4- OF 5 MATCHUNE SEE SHE~-'I' 3 OF 5 I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ' : , architects, planners brock& assoc mc.~ ......... ........ ~ . ~<~ff, o<~ ~ BI. ri , "T; ~.~;.~.--~'--.~_~;L~--'~_ ....... ..... -..,.~_~-__.., ............... EXHIBIT "B;' EXHIBIT "B'; ~XHIE~I I "B" EXHIBIT "B" EXHIBIT "B" chsJ-Jsri-brock& 888oc Jnc i i~ architects, planners EXHIBIT '"B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ' i~ char~sJl.brock& liL880C ~C ~ architects, planners EXHIBIT "B" EXHIBIT "B" " 'f ri1 / EXHIBIT "B" EXHIBIT "B" 'L EXHIBIT "B" -t EXHIBIT EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Jefferson ~ Boynton Beach (aka South Congress Residential) File number: NWSP 02-017 Reference: 2nd review plans identified as New Site Plans with a November 5, 2002 Planning & Zoning date stam DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. A minimum dumpster/compactor enclosure pad is required measuring 10 X feet x 10 feet (inside dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J and Article III, Section 9.A.9.a) 3. The required gates for the dumpster/compactor enclosure shall contain long X steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the locking rods. This is to be indicated, by note, on the plans/details. 4. Walls for the dumpster/compactor enclosure shall be provided on three sides X and are to be a minimum of six (6) feet high and shall be CBS construction with a finish matching that of the adjacent building(s). Accent shrubs shall be provided along the screen wall(s) (LDR, Chapter 7.5, Article II, Section 5.J, Section 5.J and Article III, Section 9.A.9.a, and Chapter 9, Section 10.C.3). This is to be indicated, by note, on the plans/details. PUBLIC WORKS- Traffic Comments: 5. The developer shall provide additional signal heads and modify signals as X necessary for traffic utilizing development entrance onto Congress Avenue. Construction of the traffic signal will be required prior to full build-out of the project. 6. Provide complete details for construction of the proposed southbound left- X turn lane shown by note on Sheet 3 of 3 (Conceptual Paving, Drainage, Water and Wastewater Plans). 7. Staff strongly recommends construction of a secondary access to the development. The secondary access should be placed in the southwest X corner of the subject property (for access from Congress Avenue). A curb cut will be needed. The access may be constructed as a stabilized sod roadway, a minimum of 12 foot in width, and could tie into the closest l~arkin~ area. The stabilized sod section (a minimum of 12 inches of Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT stabilized subgrade, overlain with sod) and curb cut shall be capable of supporting emergency vehicles (fire trucks). A gate preventing access by non-emergency traffic shall have a Knox box or other means of access for emergency services. 8. Permits will be required from Palm Beach County for work performed within X the Congress Avenue right-of-way and shall be required prior to issuance of any building permits issued by the City of Boynton Beach.. UTILITIES Comments: 9. All utility easements shall be shown on the site plan (LDR, Chapter 4, X Section 7.A.3) and landscaping drawings (as well as the Conceptual Paving, Drainage, Water and Wastewater Plan sheets) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 10. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). A single 8-inch stub connection to the existing 8-inch water main along Congress Avenue does not provide this requirement. It is suggested that a second connection to the 8oinch water main along Congress Avenue be provided on Sheet 2 of 3 of the Conceptual Paving, Drainage, Water and Wastewater Plans. FIRE Comments: 11. 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. 12. 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. POLICE DEPARTMENTS INCLUDE REJECT Conm~ents: None X I ENGINEERING DIVISION Comments: 13. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X 4, Section 7.B.4.) The applicant indicated that this would be provided at the time of permitting. This information is required at the time of TRC review and must be received and reviewed prior to forwarding to the Planning & Development Board. 14. A Lighting Plan including photometrics, pole wind loading, and pole details X in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.l.a. and Florida Building Code). Add a note that the fixtures shall be operated by photo-electrical control and shall remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Artificial lighting used to illuminate any property shall be directed away from all residential districts. 15. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1 .b). 16. The City has an irrigation system in the medians on Congress Avenue. Any X damage to the irrigation system or to landscaping as a result of irrigation system damage due to the contractor's operations during construction shall be the repair and/or replacement responsibility of the contractor. Indicate this information by note on the plans. 17. At a minimum, existing and proposed elevations are required on the X Conceptual Paving, Drainage, Water and Wastewater Plan in accordance with the LDR, Chapter 4, Section 7.F. Full drainage plans, in accordance with the LDR, Chapter 6, Article IV, Section 5, will be required at the time of permitting. 18. On the Conceptual Paving, Drainage, Water and Wastewater Plans, indicate X the proposed locations and approximate lengths of the exfiltration trenches as indicated in the legends. This information may be provided at the time of permitting. 19. Permits may be required from FDEP, SFWMD, etc. for work adjacent to X and on the lake tract and conservation area. The applicant shall show that an environmental evaluation has been made, the appropriate agencies have been notified, and that they concur with the proposed construction. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 20. Based upon environmental findings additional details and/or cross-sections X may be required, at the time of permitting, between the developed site and the conservation/preservation area to ensure protection from stormwater runoff. BUILDING DIVISION Comments: 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. To properly determine the impact fees that will be assessed for the three- X · story pool/clubhouse, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool/clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the pool/clubhouse/lease office building. PARKS AND RECREATION Conmients: 23. The plans indicate that there will be 340 multi-family units in this X development. According to Chapter 1, Article V, of the Land Development Regulations the formula for multi-family homes is applied towards the calculation of the Park and Recreation Facilities impact Fee as follows: 340 multi family units X $656 each = $ 223,040 24. The fee is due at the time of the first applicable building permit. Under the X most recent revision of the code no provision exists to grant credit for private recreation / open space provided. FORESTER/ENVIRONMENTALIST Comments: DEPARTMENTS INCLUDE REJECT Existing Trees 25. Indicate on the landscape plan the existing desirable trees that will be X preserved in place, relocated or removed / replaced on the site. These trees are in addition to thc Landscape Code required trees and should be indicated with a symbol. [Environ. Regs, Chpt. 7.5, Sec. 7.C.] 26. Prepare a document outlining how the existing trees on the site will be X maintained during site development to keep the trees protected and healthy. [Environ.Regs. Chpt.7.5, Sec. 12,15,16.] Lakes and Wetland 27. Design a buffer of native littoral and upland trees / vegetation along 50% of X the perimeter of the two lakes. This includes the Conservation Easement Area 6.5 acre Wetland Mitigation tract. [Comp. Plan. Policy 4.4.4.] 28. Prepare a document outlining how the native littoral and upland trees / X vegetation will be maintained on the site. [ E & A Report Sec. 3.2.7.2.2 a,c] PLANNING AND ZONING Comments: 29. The approval of this site plan is contingent upon the approval and final X adoption of both the Rezoning to Planned Unit Development (PUD) and Land Use Amendment to High Density Residential (HDR). 30. The site plan must show the dimensions of the driveway. Extend the X medians to the property line so that it complies with code. 31. Any proposed walls, fences, enclosures and similar incidental site structures X shall resemble, with respect to color and materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). 32. Above ground mechanical equipment such as exterior meters, utility boxes X and transformers shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 33. Indicate the location of the A/C units on the landscape plan to insure proper X screening. 34. At time of building permit provide final landscape plan showing specific X selection, the counts, and label each symbol with tree counts and species. 35. Although tabular data indicates that the total proposed planting material X would exceed the total planting material required, lack of specific planting species identification particularly along project perimeter and entrance prevent the determination of project appearance. This will require greater review, and possibly requirements at permit stage to insure optimal project appearance (i.e. species, location of species, color, and consistency with adjacent properties). Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 36. Site lighting must satisfy the minimum average light level of one (1) foot X candle (Chapter 23, Article II A. 1 .a.). 37. Revise the plant materials tabular data to show that shrubs shall be planted X "tip to tip". 38. At least fifty (50) percent of site landscape material must be native species. X Indicate on the plant materials tabular data the overall percentage of native plant material. 39. Indicate on the site plan and landscape plan the ten (10) foot site triangles at X the entranceway (Chapter 7.5, Article II, Section 5.H. 1 .). 40. Landscaping at project entrances shall contain a minimum of one (1) X "signature tree" on both sides of the entrances (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. Provide one (1) additional signature tree, such as Yellow Elder, Tibouchina Granulosa, or Bougainvillea at each side of the project entrance. These signature trees shall have a minimum of six (6) feet of clear trunk to preserve the sight area. 41. If a fence is required around the pool/clubhouse area provide a detail of the X fence including dimensions, material, and color (Chapter 4, Section 7.D.). 42. Indicate by a note the location of the mail kiosks for the entire development. X 43. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the Planning and Development Board. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 44. Revision of comment # 7. Staff strongly recommends construction of a X secondary access to the development. The secondary access should be placed in the southwest comer of the subject property (for access from Congress Avenue). A curb cut will be needed. The access may be constructed as a stabilized sod roadway, a minimum of 12 foot in width, and could tie into the closest parking area. The stabilized sod section (a minimum of 12 inches of stabilized subgrade, overlain with sod) and curb cut shall be capable of supporting emergency vehicles (fire trucks). A gate preventing access by non-emergency traffic shall have a Knox box or other means of access for emergency services. Alternative, utilize the adiacent L.W.D.D. canal right-of-way if approved by the City and L.W.D.D.. ADDITIONAL CITY COMMISSION CONDITIONS DEPARTMENTS Comments: 1. To be determined. ~ ~ S:\Planning\SHARED\W~PROJECTS\South Congress Residentiai\NWSP 02-017\C(~.,.~c ] INCLUDE REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Staples APPLICANT'S AGENT: Bradley D. Miller, AICP / Miller Land Planning APPLICANT'S ADDRESS: 933 Lee Road Orlando, Florida 32810 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 12/03/02 TYPE OF RELIEF SOUGHT: Request site plan approval for the construction of two (2) commercial buildings for a total of 30,438 square feet on 4.04 acres. LOCATION OF PROPERTY: A portion of Tract "E", Shoppes of Woolbright PCD DRAWING(S): SEE EXHIBIT "A and 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 Applicant ~' 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 Appliqant's application for relief is hereby jX~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. .,.\\\\\'~,~11111111,. 7. Other ~x,,~,~O.~ NTO,V ~z////,,.- DATED: I -G -o z III. S:~PlanningXShared~Wp~Projects~Shoppes of Woo bdght - PCD~Staples 'Wll . ' Location Map STAPLES EXHIBIT "A" PUD 300 PUF PUD Z --'PCD C3 300 600 900 Feet EXHIBIT "B" i© ! STAPLES ~© EXHIBIT "B" EXHIBIT "B" Z EXHIBIT "B" ................... . ================================ ................................... :::::::::: -~,O~l;,~,~-~' ''-' · - · - EXHIBIT "B" EXHIBIT lIB II STAPLES THE OFFICE SUPERSTORE EXHIBIT "B" I!!!ilt{j I fi I EXHIBIT "B" l! STAPLEE~I EXHIBIT "B" PLE~- THE OFFICE 8UPER~TORE (~) i EXHiBiT"lB'' Z STAPEES' THE OFF ~ E PCRSTORE EXHIBIT "C" Conditions of Approval Project name: Staples File number: NWSP 02-018 Reference: 3rd review plans identified as a New Site Plan with a November 12, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(b)). In addition, the LDR, Chapter 6, Article W, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the proposed plan meets this condition, by showing all hydrants. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: COA 11/27/02 2 DEPARTMENTS INCLUDE REJECT 3. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. A cross access agreement is required. Provide the documentation prior to the X issuance of a building permit. 5. Install a row of native hedges along the south side of the dumpster enclosure X (on a temporary basis) until commencement of Phase Two of the project. Afterwards, these hedges can be relocated to another portion of the site. 6. The traffic impact study must be approved by the Palm Beach County Traffic X Division prior to issuance of a building permit (Chapter 4. Section 8.F.). 7. The proposed paint colors for the subject building(s) should be compatible X with the Home Depot and Expo buildings. 8. Although, the separate "future retail" elevations were not included with this X application, the building will be required to achieve visual unity of character and design through the relationship of building style, texture, color, materials, and form with the Staples, Home Depot, and Home Expo buildings (Chapter 9, Section 9.B.). 9. Signs shall be designed and treated as part of the architecture of a building X and shall be reviewed at time of site plan review (Chapter 9, Section 10.C.). Staff recommends that the tenant signs (Phase Two) be matched with the "Staples" sign (Phase One) in terms of lettering font, color, and sign type. 10. Staff recommends installing double or triple-tmnked Pygmy Date palm trees X within the planters. 11. Staff recommends that a provision should be made during Phase III of the X project to incorporate groundcover plants along all sides of the 5,850 square foot building. COA 11/27/02 3 DEPARTMENTS INCLUDE REJECT 12. Since no elevations of the Phase Three building were provided with this X submittal, staff recommends that the future exterior finish and color scheme of the Phase Three building should be such that it is compatible with the Staples building and / or the other buildings within the PCD. Greater emphasis should be placed on matching the colors and exterior finish with the Staples building rather than the other buildings of the PCD due to its close proximity with the Phase Three building. 13. Staff strongly recommends that the overhead bay door proposed on the east X facade of the Staples building be painted either tan, cream, or brown rather than bright red in order to match the main building colors. 14. Staff recommends reducing the red tile area (background) to more closely X match the lettering area. As an alternative, staff would support reducing the size of the "Staples" sign letters. 15. Staff recommends that the proposed monument sign be more compatible to the Dunkin Donuts / Togo's / Tuscanini monument sign with special X emphasis on shape, material used, color, and design. Staff also recommends that the letters of the tenant signs (of the proposed sign) be the same font and color as that of the "Staples" portion of the sign and that the address be placed on top of the sign. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 16. Revision of comment # 15. Staff recommends that the proposed monument X sign be more compatible to the Dunkin Donuts / Togo's / Tuscanini monument sign with special emphasis on shape, material used, color, and design. On the monument sign, the font and colors of the lettering for the tenant portion of the sign shall be compatible with the "Staples" portion (excluding copy for nationally registered tenants). 17. Based on the area of the proposed buildings, the minimum required number of parking spaces shall be 155 spaces. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~'~ ~..,a,, MWR/sc