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Minutes 02-04-03 (2)MI'NUTES OF THE REGULAR CZTY COMMI'SSTON MEETTNG HELD I'N COMMI'SSTON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORI'DA, ON TUESDAYf FEBRUARY 4f 2003 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 ~[. OPENTNGS: Call to Order - Mayor Gerald Broening Invocation - Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Broening called the meeting to order at 6:35 p.m. After a moment of silent prayer, Commissioner Weiland led the Pledge of Allegiance to the Flag. D. I'F YOU WTSH TO ADDRESS THE COMMI'SSI'ON: · FZLL OUT THE APPROPRZATE RE(~UEST FORM · GIVE ZT TO THE CZTY CLERK (ON THE DAVIS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME I'NDTVTDUALS MAY SPEAK FOR THREE UN1'NTERRUPTED M1'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. the motion that carried unanimously. Commissioner McCray seconded Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 II. PUBLIC AUDIENCE: Bob Ensler, 26 Woods Lane, reported that last year the Emergency Medical Services made 471 emergency calls to Hunters Run. Even though there was no way to thank them enough for what they do, he wanted to present a donation of $1,500 from Hunters Run to the Fire Department to show their appreciation. The check was presented to Fire Chief Bingham. Warren Timm, 130 NE 26th Avenue, had the following comments regarding items on the agenda: Item VII.C.3 - any time that the City spends money, he felt that the price should be shown on the agenda. Item VII.D.7 - the construction of these two buildings would cover 83% of the land area and he was concerned that there would not be enough space for landscaping. He thought that the Public Audience portion of the agenda was about to be moved to the end of the agenda and he was concerned that this would stifle public audience. Herb Suss, citizen of Boynton Beach, said that there was an article in the Palm Beach Post dated February 1st concerning Vice Mayor Ferguson still attempting to get the Florida Marlins to Boynton Beach. According to Mr. Suss, the article said that if his idea comes to fruition, he should receive a finder's fee, a consultant's fee, and head an ad hoc committee. Mr. Suss felt that these statements were unacceptable and the Commission should censure this Commissioner or ask for his resignation. Carl Terwilliger said that the Development Order for Quantum Park in 1983 required that 40 acres of sand pine scrub would be preserved and it has not been. Prior to clearing any scrub areas, the developer was to notify officials at Jonathan Dickinson State Park so that they could obtain any plants that would otherwise be destroyed. He hoped that was being done. The landowners should not renege on their responsibility to preserve these 40 acres. He suggested that representatives of the City and the Treasure Coast Regional Planning Council go to the site, identify areas that do not provide habitat, and remove them from the plan. Then, other areas to be preserved could be found instead, for instance at the corner of High Ridge Road and Miner Road. Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 III. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson announced that Commissioner McCray, Commissioner McKoy, and he attended the Four Chaplains ceremony at Ascension Lutheran Church and it was a very rewarding experience. He felt that students should be encouraged to attend this ceremony next year. Commissioner McCray wanted to correct a statement in the Palm Beach Post where it said that he had donated $24,000 from his discretionary funds to HeritageFest. The actual amount was $2,500. Commissioner McCray also read from a letter to the editor that appeared in the Palm Beach Post regarding the Columbia disaster. The letter talked about looking at people for what they are capable of doing and not their gender or skin color. Commissioner McCray took exception to a remark made by a staff member to him concerning "when you go into the meeting, go with an open mind." He felt that the remark was degrading and no one should tell him how to act and insult his intelligence. Mayor Broening thanked Fire Chief Bingham and the Emergency Medical Services for the rescue call they had made to his house. Commissioner McKoy announced that February is Black History Month and he challenged everyone to learn more about this history. Mayor Broening thanked the HeritageFest Committee for their work and invited everyone to attend the events. IV. ADMINISTRATIVE: Accept letter of resignation from Marva Collins, Regular Member of the Library Board Motion Vice Mayor Ferguson moved to regretfully accept the resignation of Marva Collins. Commissioner Weiland seconded the motion that carried unanimously. B. Accept resignation from Harold Blanchette, Alternate Member of the Cemetery Board 3 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 200~ Motion Vice Mayor Ferguson moved to regretfully accept the resignation of Harold Blanchette. Commissioner McCray seconded the motion that carried unanimously, C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV McKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/03Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 III Ferguson Cemetery Board Alt i yr term to 4/03 III Ferguson Community Relations Board Alt 1 yr term to 4/03Tabled (2) Mayor Broening I Weiland I Weiland Education Advisory Board Stu Education Advisory Board Reg Education Advisory Board Reg III Ferguson Library Board Reg 1 yr term to 4/03Tabled (2) 2 yr term to 4/04 2 yr term to 4/04Tabled (3) 3 yr term to 4/05 Mayor Broening Nuisance Abatement Board Alt 1 yr term to 4/03Tabled (3) III Ferguson Recreation & Parks Board Alt 1 yr term to 4/03Tabled (2) Vice Mayor Ferguson appointed ]ayne Kupperman as an Alternate Member of the Community Relations Board. He also moved Myra ]ones from an Alternate Member to a Regular Member of the Library Board. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointments. seconded the motion that carried unanimously, Commissioner McKoy V. ANNOUNCEMENTS, COMMUNZTY & PRESENTATZONS: SPECZAL EVENTS, & A. Announcements: 1. Notice of cancellation of March 4th City Commission Meeting Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 200,3 Mayor Broening announced that several Commissioners would be out of town on City business on March 4th. Therefore, there would not be a quorum and the City Commission meeting was being cancelled. B. Community and Special Events C. Presentations: :1. Proclamations: a. "Library Appreciation Month" - February 2003 Mayor Broening read the Library Appreciation Month proclamation and presented it to Virginia Farace, Library Director. Ms. Farace, along with the president of the Friends of the Library, the Chair and a member of the Library Board, made a presentation to the City Commission. Ms. Farace explained that February is "Love Your Library Month" and stated some of the reasons that the Library Loves You. She invited everyone to come to the Library. VZ. PUBLZC HEARZNG: AGENDA PERMTTS 6:30 P.M. OR AS SOON THEREAFTER AS THE A. Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (TABI.£D BY' PLRItlN.rlYG & D~=VL=I. OPI¥fflIIT BOARD Olil 2ANUAR Y 28~ 2003 A T REQUEST OF APPL_rOINT,) H. Burton Smith, P.E. KVVB Charitable Trust Lot 91 - Quantum Park P1~D (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Motion Vice Mayor Ferguson moved to table item VI.A until March :18th. seconded the motion that carried unanimously. Commissioner McCray Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of January 16, 2003 Regular City Commission Meeting of .lanuary 21, 2003 Bids and Purchase Contracts - Recommend Approval- All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "RE-BID SUPPLY/INSTALL ONE VERTICAL TURB]~NE VARIABLE SPEED PRE-FABRICATED PUMP STATION," Bid #023-2910-03/C]D to SULLIVAN ELECTRIC AND PUMPS, INC. of Lake Worth, Florida, in the amount of $84,413 (Proposed Resolution No. R03-0:1.8) Award the bid for "PURCHASE OF 1 NEW & UNUSED FRONT LOADING SOLID WASTE COMPACTION UNIT, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS," Bid #015-2516-03/C3D to FREIGHTLINER TRUCKS OF SOUTH FLORIDA, in the amount of $131,000 Approve BIRDIE GOLF BALL COMPANY to RETRIEVE GOLF BALLS FROM THE NINE LAKES AT THE LINKS OF BOYNTON BEACH GOLF COURSE in consideration of $3,000 annually paid to the Golf Course (Proposed Resolution No. R03-019) Award the bid for "CO-OP CHEMICALS AND FERTILIZER," Bid #033-1411-03/C]D to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications, with an anticipated expenditure of $126,215 Approve and accept proposal from BAE Systems ADR Inc. furnishing digital ortho photography, based upon Iow altitude photography, for the City and the Utilities Service Area, by piggy- backing Palm Beach County Contract No. R2001-1523, dated September 11, 2001, for a total project cost of $66,915 6 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 C. Resolutions: Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED ON 2ANUARY 2.Z, 2003) Commissioner Weiland requested that item C.1 be pulled from consent. Proposed Resolution No. R03-020 Re: Authorizing full release of the remaining surety for the water system improvements for the project known as High Ridge Properties, in the amount of $921.45 Proposed Resolution No. R03-021 Re: Authorizing the purchase of 4 parcels of land from Nicholas 3. Rostanzo in order to construct a series of retention ponds associated with the NE 7th to NE 10th Avenue Stormwater Improvement Project Commissioner McCray requested that item C.3 be pulled from consent. Proposed Resolution No. R03-022 Re: Ratification of South Central Regional Wastewater Treatment 8, Disposal Board action of January 16, 2003: Authorization to enter into contract with B. G. Katz Companies Landscape, dated March 1, 2003, for the sum of $900 per month for lawn services for the length of contract in the north area and an additional sum of $650 per month for the length of the contract in the south area for a total of $1,550 per month. Contract will be in effect for one year but may be extended for an additional (2) one year terms. Authorization to enter into contract with Aarow Building & Maintenance, dated March 1, 2003, for the sum of $350 per month for janitorial services. Contract will be in effect for one year but may be extended for an additional (2) one year terms. Authorization to expend $4,500 on an emergency basis from Repair & Replacement funds for repairs done by Chaz Equipment Co., Inc. on the 16" reuse line on Lawrence & Woolbright Road 7 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 200R Authorization to expend $4,000 from Repair & Replacement funds to inject hydro active seal foam into various leaking tanks Proposed Resolution No. R03-023 Re: Authorizing the release of a cash bond of $2,200 to Leighton McGinn for the project known as Tru Green Chemlawn Proposed Resolution No, R03-024 Re: Approval of Task Order No. 7 with HaRman and Associates, ]:nc. (HAT) for Poinciana Heights Water Main ]:mprovement Project in the amount of $63,100 Proposed Resolution No. R03-025 Re: Approval of Amendment #1 to contract #002-2413-03/C3D, construction of NE 19th Avenue Sanitary Sewer Main and Water Main Replacement to Chaz Equipment Company, ]:nc. to include additional construction services for the Poinciana Heights Water Main ]:mprovement Project in the amount of $550,355.55 with a 90-day extension; and approval of a 10% contingency fund of $55,035.55, for a total funding limit of $605,391.10 Commissioner Weiland requested that item C.7 be pulled from consent. Proposed Resolution No. R03-026 Re: Accepting a Grant of Easement from G.A. Homes, ]:ncorporated to the City of Boynton Beach relating to Bamboo Lane D. Ratification of Planning & Development Board Action: Bethesda Hospital Physician Parking (NWSP 02-011) (Revised), 2700 Block of SW 4th Street - Request for new site plan approval for a 32,058 square foot, one level parking garage in a Public Usage (PU) zoning district on a 1.43-acre parcel Commissioner Weiland requested that item D.1 be pulled from consent. Quantum Park North - Waivers, North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lots 83-88) - Request for Waivers for a Master Site Plan in a mixed use pod within an approved PTD to include: (1) Land Development Regulations Chapter 2, Section 7.H.17 - Requesting waiver of 28 feet to allow a reduction of the peripheral buffer from 40 feet to 12 8 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 feet where adjacent to residential zoning (along the western boundary of Quantum Park Lots 83 and 87); and (2) Land Development Regulations Chapter 2, Section 7.H.15 - Requesting waiver of 17 feet to allow a reduction in the minimum distance between buildings from 25 feet to 8 feet Mayor Broening requested that item D.2 be pulled from consent. Quantum Park Lot 89-B - Waivers, North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lot 89-B) - Request for Waiver for a Master Site Plan in a mixed use pod within an approved P:[D to include: (1) Land Development Regulations Chapter 2, Section 7.H.17 - Requesting waiver of 15 feet to allow a reduction in the peripheral buffer from 25 feet to 10 feet with a wall along the northern property line .. Calvary Chapel (SPTE 02-003), 3190 Hypoluxo Road - Request for a one-year time extension of the site plan approval granted on December 4, 2001 to December 4, 2003 Motorola PTD (MPMD 02-004), 1500 W. Gateway Boulevard - Request for master plan modification to decrease the size of the Motorola P:[D Master Plan boundary in conjunction with the conversion of the undeveloped portion for commercial and residential uses Survivors Charter School (USAP 02-003), 1325 Gateway Boulevard (Quantum Park Lots 18 & 19) - Request for use approval for a "Charter High School" on Lots 18 and 19 in the Quantum Park Planned :Industrial Development (PTD) Survivors Charter School (NWSP 02-020), 1325 Gateway Boulevard (Lots 18 & 19 Quantum Park PTD) - Request for site plan approval for a two-story, 33,124-square foot building to be used as a Charter High School, and a one-story, 186,286-square foot office/warehouse building on 5.60 acres Arbolata Townhomes (SBMP 02-005), Southeast corner of Congress Avenue and SW 35th Avenue - Request for Subdivision Master Plan approval for a 172 unit, multi-family residential development on a 16.087-acre parcel in a proposed PUD zoning district 9 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 Commissioner Weiland requested that item D.8 be pulled from consent. E. Ratification of CRA Action: None Approve the Quantum Park Townhomes Record Plat, conditioned on the approval being the certification of the plat documents by Dave Kelley (City Engineer and Surveyor & Mapper) and .leff Livergood (Director of Public Works) Approve the "SURPLUS VEHICLES/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same H. Intentionally lett blank Approve the Kensington Place Record Plat subject to the signature and seal by the City Engineer Approve Funding for "Peacemakers," After School Activities and Case Management program by the Boynton Beach Faith Based Community Development Corporation in cooperation with the City, Poinciana and Galaxy Schools for $17,137. K. Report on Amendment to Order of Business at City Commission Meetings City Manager Bressner requested that item K be pulled from consent. Motion Vice Mayor Ferguson moved to approve the consent agenda Commissioner McCray seconded the motion that carried unanimously. as amended. C. 1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED ON.IANUAR Y 2.~,, 2003) Motion Commissioner Weiland made a motion to remove item C.1 from the table. seconded by Vice Mayor Ferguson and carried unanimously. Motion was Herb Suss felt that since the State Boxing Commission oversees these events and they would bring revenue to the City, he saw no reason to prohibit professional boxing. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 Commissioner Weiland said that he spoke to Mr. Gibson, the boxing promoter, and he was not aware that this item would be pulled from the consent agenda tonight. Mr. Gibson would have liked to have been present tonight but had a previous commitment. Commissioner Weiland felt that if these events were done properly, they would be positive for the City. He suggested tabling this item again tonight after discussion. Vice Mayor Ferguson felt that this resolution was a policy issue and whether it is approved or not approved, there is still the issue of the nightclub where boxing is not allowed. Mayor Broening agreed that there are two issues. One issue is the resolution that would prohibit any professional boxing in the City. The second issue is not on the agenda tonight and it is the request for approval of an event at a business in the Gulfstream Mall. That is a separate issue and is limited by our code. There is no present remedy for that situation since that use is not permitted in a nightclub. Mayor Broening is not against professional boxing in the City as he felt it is a legitimate, regulated event. He was not ready to vote for this resolution. He believed that the item should be tabled so that staff could develop different language in the resolution. Motion Vice Mayor Ferguson moved to approve the resolution. There was some confusion on the motion and Vice Mayor Ferguson changed his motion. He moved to deny the resolution. City Manager Bressner said that if the resolution is adopted as written, it would prohibit professional boxing in the City and there would be no need for staff to discuss amending the code to provide for boxing. Motion Commissioner McCray moved that proposed Resolution No. R03-017 be tabled to a date certain, March 18, 2003. Motion was seconded by Commissioner McKoy and carried 4 to 1 with Vice Mayor Ferguson dissenting. City Manager Bressner inquired whether the Commission wanted to direct staff to do some exploration concerning zoning text or wait until after discussion of the resolution on March 18th, Commissioner Weiland would like to have staff return with a solution on how this could be done. 11 Meeting Minutes Regular City Commission Bovnton Beach~ Florida February 4, 2003 Mayor Broening felt that perhaps we could adopt the same language contained in the West Palm Beach and Delray Beach codes since those cities permit boxing. City Manager Bressner said that staff would bring a separate report concerning the zoning feasibility to the Commission on March 18th and he suggested discussion on this feasibility before acting on the resolution. C,3, Proposed Resolution No. R03-021 Re: Authorizing the purchase of 4 parcels of land from Nicholas 3. Rostanzo in order to construct a series of retention ponds associated with the NE 7th to NE 10th Avenue Stormwater :Improvement Project Commissioner McCray explained that he had received additional information regarding this item since the Agenda Preview meeting. The Urban Group handles negotiations for the City and he could now understand why they did what they did. Yesterday, before he read the backup information, he was against approving this. However, after reading the information, he understands the urgency of the matter regarding the retention pond, and he is now in favor of this. Motion Commissioner McCray moved to approve proposed Resolution R03-021. McKoy seconded the motion that carried unanimously. Commissioner C,7, Proposed Resolution No, R03-025 Re: Approval of Amendment #1 to contract #002-2413-03/CID, construction of NE 19th Avenue Sanitary Sewer Main and Water Main Replacement to Chaz Equipment Company, Tnc. to include additional construction services for the Poinciana Heights Water Main ]:mprovement Project in the amount of $550,355.55 with a 90-day extension; and approval of a 10% contingency fund of $55,035.55, for a total funding limit of $605,391.10 Commissioner Weiland said that the City has a policy in place for bidding jobs and he felt that the Commission should either follow this policy or change it. We are responsible to our citizens and contractors and he felt that this job should go out for bid. This contractor is currently doing work in the City and they are completing it. We have another job ready to go and we would give that to this same contractor. Commissioner Weiland's opinion, it is our responsibility to put this job out for bids so others could bid on it. Dale Sugerman, Assistant City Manager, appreciated the comments made by Commissioner Weiland. He explained that the contractor that obtained the original bid was the lowest and best bidder through a formal bidding process and received the 12 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 contract through the Commission in November 2002. We would be piggybacking on a contract that the City Commission awarded three months ago. Tt is for the same work in a different part of the City. Assistant City Manager Sugerman further explained that, in the past, the City has extended bid prices into the future. The City would lose approximately four months of time going out to bid and there is a potential for having to spend more money. Commissioner Weiland believed that we must give other contractors a chance or we would be creating a monopoly. Commissioner McCray asked whether it would disrupt service not to approve this amendment. Assistant City Manager Sugerman answered that this was not an emergency. He explained that under Florida law, we can piggyback on other bids from other cities. Tn answer to a question regarding the cost of going out for bids, Assistant City Manager Sugerman could only estimate. There would be staff time, advertising costs, production costs, etc. Tn answer to a question from Mayor Broening, City Attorney Cherof said this would not be piggy-backing. Tt would be using the amendment provision of the contract. Motion Commissioner Weiland moved to deny item C.7 and put this out for bid. seconded by Vice Mayor Ferguson. Motion was Mayor Broening felt that there should also be a message that when you do a good job, the City hires you. However, there is a procedural question here and the procedure was designed to be fair. City Clerk Prainito called the roll and the motion to deny passed 3 to 2 with Mayor Broening and Vice Mayor Ferguson dissenting. D.l. Bethesda Hospital Physician Parking (NWSP 02-011) (Revised), 2700 Block of SW 4th Street - Request for new site plan approval for a 32,055 square foot, one level parking garage in a Public Usage (PU) zoning district on a 1.43-acre parcel Kieran Kilday said that the applicant agreed to a change in a condition at the request of the neighbors. Tt is related to exhaust equipment. Currently, the condition reads that there would be no exhaust equipment on the roof of the garage structures. They are going to take out the word "roof" so the condition would read that there would be 13 Meeting Minutes Regular City Commission Boynton Beachr Florida February 4, 2003 no exhaust or mechanical equipment mounted on the garage structures in any form. This is condition #14. Motion Commissioner Weiland moved to approve item D.1 with the change to condition #14. Commissioner McCray seconded the motion that carried unanimously. Scott Pape, 2715 SW 4th Street, commended the applicant for working with the neighbors and making the site plan compatible with the neighborhood. Regarding the ordinance for rezoning on this project, there was a condition of approval that the hospital agreed to adopt a resolution that they would have no westward or northward expansion of the hospital grounds. He requested an executed copy of this resolution if it exists. Mr. Kilday said that to the best of his knowledge, this resolution was prepared and he would give a copy of the resolution to the City and the neighbors. D.2. Quantum Park North - Waivers, North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lots 83-88) - Request for Waivers for a Master Site Plan in a mixed use pod within an approved P:[D to include: (1) Land Development Regulations Chapter 2, Section 7.H.17 - Requesting waiver of 28 feet to allow a reduction of the peripheral buffer from 40 feet to 12 feet where adjacent to residential zoning (along the western boundary of Quantum Park Lots 83 and 87); and (2) Land Development Regulations Chapter 2, Section 7.H.15 - Requesting waiver of 17 feet to allow a reduction in the minimum distance between buildings from 25 feet to 8 feet Mike Fitzpatrick, 175 SW 2nd Street, said that this waiver would be eliminating open space and would make it more crowded for the residents. He requested that the City Commission keep the current buffer requirements. Commissioner Weiland complimented Mr. Fitzpatrick for speaking up on this issue and he agreed with him. Motion Vice Mayor Ferguson moved to approve item D.1. Commissioner McCray seconded the motion that carried 4 to I with Commissioner Weiiand dissenting. Commissioner Weiland commented that developers come to the City and seem to get whatever they ask for. He felt that the Commission should let the developers know what we are willing to entertain. 14 Meeting Minutes Regular City Commission Bovnton Beach, Florida February 4, 2003 9,8, Arbolata Townhomes (SBMP 02-005), Southeast corner of Congress Avenue and SW 35t~ Avenue - Request for Subdivision Master Plan approval for a 172 unit, multi-family residential development on a 16.087-acre parcel in a proposed PUD zoning district Bob Ensler, 26 Woods Lane, presented an additional petition in favor of this project. This is marked "Exhibit A' and is on file in the office of the City Clerk. The Hunters Run Presidents Council requested that the developer put a berm at the entrance on Congress Avenue. William Wietsma stated that Mr. Ensler came to him a few days ago concerning the Congress Avenue street elevations. He would be willing to work with the City to provide a berm, but he does not want the project to be tabled. Michael Rumpf, Planning & Zoning Director, explained that since there has not been an opportunity to review any specific plan change, there would need to be some wording that is sensitive to engineering and drainage requirements and height requirements, depending on how the berm is designed. Commissioner Weiland spoke regarding the rezoning from industrial to residential. He could not understand how Hunters Run could favor a project with this lack of value. He had heard that the value of these townhouses would be $1a,0,000 and this would detract from property values. He also could not understand putting townhouses in the middle of an industrial property. The City has no property for fire station #4. He felt that the Commission is approving more and more projects that bring more people to the City and there is no money to increase police or fire services. He begged the Commission to get the developer to give the City a better project. Mr. Wietsma stated that the base value of the units would be close to $200,000 and may go even higher. During the Technical Review Committee, the Police and Fire Departments agreed that they have good access and the project is easy to service. Mayor Broening said that the ability to provide services was part of the criteria for approving the rezoning. Commissioner Weiland questioned whether the City could provide water to this project without exceeding their allocation. Dale Sugerman, Assistant City Manager, explained that the City does not segregate what projects use what. He could not say that any one project would put the City over our allotment. 15 Meeting Minutes Regular City Commission Boynton Beachf Florida February 4, 2003 Commissioner Weiland questioned whether we are using more water now than the SFVVMD permits allow and whether we are paying a fine. Assistant City Manager explained that the allocation is on an annual calendar basis. Our annual allotment is 5.4 billion gallons a year. Near the end of calendar year 2002, we exceeded our allotment by 1/2 of 1%. We have not received any fines from the SFVVMD yet. l~n 2001, because of the draught, we exceeded our allotment and paid a fine of approximately $5,700. He emphasized, however, that when customers turn on the faucet, there would always be water. The City applied to the District for a permit to reconsider our allocation and increase it. Commissioner Weiland felt that we are continuing to approve projects and we are over our water allotment. Tn answer to a question, Assistant City Manager Sugerman said that Boynton Beach has a significantly lesser allotment than Delray Beach or Boca Raton. He believed that we could get a longer permit with more allocation if we go to the Floridan aquifer but it is very expensive, l~f we do, there would be a lot more capacity; however, we might pay much, much more for water. Tn answer to Commissioner Weiland's question on how we would pay for the Floridan aquifer, Assistant City Manager Sugerman answered either by raising rates or using money from reserves. Motion Commissioner McCray moved to approve Arbolata Townhomes (SBMP 02-005). Commissioner McKoy seconded the motion that carried 3 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting. K. Report on Amendment to Order of Business at City Commission Meetings City Manager Bressner explained that this was a proposal to rearrange the order of business on the agenda slightly. Tt would allow routine items to be handled before Public Audience. The Public Audience portion would not be moved to the end of the agenda. Also, the Consent Agenda would be moved up. This would be helpful because sometimes items are pulled from consent and they may require a staff person or a City paid consultant to be present. Tn addition, he is suggesting that Code Compliance and Legal settlements be moved up. Commissioner McCray felt that City staff is paid to stay until the end of Commission meetings. 16 Meeting Minutes Regular City Commission Boynton Beach~ Florida February 4, 2003 Commissioner Weiland thought the order should remain the same and items could be moved at the Agenda Preview Conference. Commissioner McKoy also felt that it would be appropriate to move items at the Agenda Preview Conference. Motion Vice Mayor Ferguson moved to accept the reordering of the agenda. Notion was seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 3 to 2 with Commissioners McCray and Weiland dissenting. VIII. CITY MANAGER'S REPORT: City Manager Bressner announced that there was an article in The Wall Street Journal regarding volunteerism in Boynton Beach. IX. FUTURE AGENDA ITEMS: A. Report on 2002 Holiday Parade participants' findings (February 18, 2003) Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) C. Discussion regarding Cemetery Board Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, l~nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03-...) FRA Whistle Ban - Report (TBA) - 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 (TBA) X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: None 17 Meeting Minutes Regular City Commission Boynton Beach, Florida February 4, 2003 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-00:1 Re: Rezoning from R-3 IVlultifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD) for 18 single family detached zero lot line homes (Hawks Landing) City Attorney Cherof read proposed Ordinance No. 03-001 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-001. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. B. Ordinances- Ist Reading Proposed Ordinance No. 03-002 Re: Amending Chapter 2 Administration, Article IV, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property City Attorney Cherof read proposed Ordinance No. 03-002 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-002. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 03-003 Re: Right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue City Attorney Cherof read proposed Ordinance No. 03-003 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-003. Commissioner McCray seconded the motion, City Clerk Prainito called the roll and the motion passed unanimously. 18 Meeting Minutes Regular City Commission Boynton Beach~ Florida February 4, 2003 Proposed Ordinance No. 03-004 Re: Amending Chapter 2, "Administration" Article :1, Section 2-! to incorporate a revised City Organizational Chart, effective January :1, 2003 City Attorney Cherof read proposed Ordinance No. 03-004 by title only. Motion Commissioner McKoy moved to approve proposed Ordinance No. 03-004. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. C. Resolutions: None D. Other: None XTZZ. UNFTNZSHED BUSTNESS: Limited Access Self-Storage (CDRV 02-004) - Discuss amending the Land Development Regulations Chapter 2. Zoning, Sections 6(a), 6(b), 6(c), 6(d) and 11.O to restrict self-storage facilities to the M-1 [ndustrial zoning district; and to amend the supplemental regulations governing SELF SERV]:CE STORAGE FACTL]T[ES (MTN]:-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district Dick Hudson, Senior Planner, explained that on January 21, 2003 the Commission extended the Notice of [ntent for self-storage facilities. At that time, staff wanted to make some changes to the Zoning Code. There are existing self-storage facilities scattered throughout the City. IVlr. Hudson explained that when the application for Victoria's Closet came in under the C-3 zoning, staff realized that self-storage facilities were not limited to only C-1, C-4, and M-1 as was previously believed. The proposed changes would make three of the self-storage facilities in the City nonconforming. The proposed changes were approved by both the Planning & Development Board and the Community Redevelopment Agency. However, the Planning & Development Board requested the addition of architectural design standards and distance separation, particularly for self-storage facilities that fronted on major roadways in the City. 19 Meeting Minutes Regular City Commission Boynton Beachr Florida February 4, 2003 Staff proposes to restrict self-storage facilities to the M-1 zoning district, to require extra design requirements for facilities fronting on arterial roadways, and to add requirements for landscaping. Staff was having some problem with setting distance restrictions. When the code was changed in 1998 to allow self-storage in the C-1 zoning district, there was a 2,500-foot distance separation requirement. When staff applied this distance requirement to the existing facilities along South Congress Avenue, they found that they do not meet this requirement and, therefore, would be non-conforming. The problem is, which one would be the nonconforming one. Mr. Hudson added that there is only one site remaining on South Congress Avenue that could be developed as a self-storage facility. Mayor Broening felt that outside storage is important in South Florida. He was concerned whether we have enough to accommodate our projected population and whether there is the availability to build more if they are limited to the M-1 zoning district. Mr. Hudson requested that the Commission instruct staff to draft the language and come back with proposed amendments in ordinance form. Bob Ensler, 26 Woods Lane, felt that the question was not whether we need these facilities but where we are going to allow them to be built. He thought that they should decide what kinds of business should or should not be allowed on major arteries. ~[t was the consensus of the City Commission to direct staff to come back with an ordinance. The following item was added to the agenda. Commissioner McCray addressed a letter, dated January 28th, from the City Manager regarding adding Commissioners' districts to their nameplates. He realized that the Commission represents the entire City; however, he felt that the audience should know what district each Commissioner was representing. Commissioner McKoy agreed and thought it was important for the constituents to know what districts they represent. City Manager Bressner announced that he would have the districts added to the nameplates. 20 Meeting Minutes Regular City Commission Boynton Beachw Florida February 4, 2003 XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 8:30 p.m. A'I-I'EST: Deputy City Clerk (three tapes) (l~¢or / Vice ~ ~,' ~--e0'~missioner Commissioner ,J 2! Q BOYNTON BF.,ACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and five to the City Clerk p~r to the of the City Commission Meeting. ~ start Name /~ ~ ~' ~-~ ~-~ J Summer7 of Matter to be Addr.ess~d - (One~6plc per card) f a person decides to appeal any decision male by the City Commimion with respect its any meter considered at this meet~n.-, he/she ~ill need a record or the proceedings and, For such purpose, he/tho my need its enem that t verbatim record or the proceedinp is nude, which record includes the testimony and evidence upon which the appeal is its be baaed. (~.8. 286.0108) ,~he City shall hrnidt appropriate amdllary aide and esrviees where neesesury its al~ord an individual with · dlesbmty tn equal ,pportunity its pert~lpote in and enjoy thc benefits of & service, pro,run, or activity conducted by the City. Please contact Joyes .~oetello, (861! 7426013 at leest twenty-bur hours prior its the pro~ul or activity in order br the city its reasonably accommodate 'our reqtmet. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE in the information called for below and five to the City Clerk prior to the st&re of the City .remission Meetinf. ~ _ elephone # ~'~ ~/~-~~~~___~ ummary of Matter to be Addre~ne topic per card) a person decides to appeal any decision made by the City Commlmlou with respect its any matter considered at ~lo mee*~.-, he/she ti need i record of the proceedlnp and, br such purpose, b/she my need its ensure that a verbatim record of the preceediot~ is ~de, which record includes the testimony and evidence upon wMch the appeal is its be baaed. ~.8. 2~6.0108) · City ~ finnish appropriate amdllery aids and esrvieco where neesesery its al~ord an individual With a disability an equal portunity its pertioipete in and enjoy the benefits or a service, pro,rem, or activity conducted by the City. Plem contact Joyce stello, ($6~) 742-6013 at best twenty.bur hours prior its the peo~rem or ectivity in order fbr the city its reasonably accommodate ~r request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Name Address Telephone # Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Summary of Matter to be Addr, 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 proceedin,s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedinfs is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City ,hell furnish appropriate au.wlliary aids and services where necemry to afford an individual with a disabilit~ an equal opportunity to par~icipate in and enjoy the benefits of a service, pro[ram, or activity conducted by the City. Flease contact Joyce Coatello, (561) 742-6013 at least t~eenty-four hours prior to the pro,ram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMI88ION MEETING FUBLIC COMMENT CARD FOR ITEM8 NOT ON THE AGENDA - PUBLIC AUDIENCE 'ill in the information called for below and ~ive to the City Clerk prior to t~e~start of the City .'ommis~ion Meeting. ~ r Telephone # ~ Summ~ of M~ Ad~ed- (On.opic per c~d) If a ~mn decidse to ap~ ~y deccan male ~ t~ Ci~ Co~n ~ ~o~ct ~ any rorer comide~d at ~ mset~, he/oho ~ ~ed a roco~ of ~o p~csed~s ~d, for o~h p~, be/~e my need Co eum ~t t ur~ record of ~e p~ceedmjs m ~de, w~h ~cord ~udse ~e C~ny and e~ence u~n v~h ~ ap~ ~ M ~ ~d. iF.S. 206.0~0S) op~n~ to ~ipats m and o~oy ~o b~fl~ or I u~e, p~, or tc~ cond~tsd by ~e Ci~. Rein conUct ~oyce Costsflo, (S61) ff42~013 a~ but ~en~*b~ horn ~r ts b ~ or ic~ ~ or~r br t~ cl~ ~ HtNubly tccommodits yo~ BOYlqTON BF. ACH crrY COMMIKglON PUBMC COMMENT CARD AGENDA ITEMa Fill in the information called for below and five to the City Clerk prior to the start of the City Commission Meettnf. Name Address Telephone # Summary of Matter to be p~r will need · record of tho made, which rneord in, Iud# The City ,hail famish opporRmity to porticipoto in and Co~tallo, (861) 742-6013 et your roqneat. by tho C~ eoneide~d ·t thio m#~ltq, b/oho and, for mleh imrpone, be/eh· my that · vezlmttm rec~d or th lnmmedinp ia , and evidenee upon whiah th baaed. ~.8. 286.0106) aids and #rvie# whero to affbrd an individual with · die·hairy an equal or · or ~ondn~od by th City. PI·am ~ont&at Joyee to th I~Ofrum or ·effvity in order br th ~lty to runenaMy a~commodato BOYITI'ON BratCH CITY COMMISSION PUBLIC COMMENT CARD AGENDA ITEM8 . dl in the information called for below and five to the City Clerk prior to ¢ommi#fon Meetinf. ~ddress start of the City t'elephone # -'~ "~ ~'- ~ ~ ~ummary of' Matter ~o be , - (One per card) ~ad·, which remml indud# ~.Z_--_ ~T~__, !.-~...---~ ~ .m.,? mat · v~seum re~r~ of th pro~#dinfu ia _ tho. ~t~offmony and ovmenc, upon wmen ma ·ppom m m ne blood. . --- City ~ fm~iah · M a~-m- __ . (~;~. ~_010~) ppropria 'T aide and oervtc# where n to BOYNTON BEACH CITY COMMIS~qlON MEETI~qG PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and five to the City Clerk prior to the start of the Cfty Commission Meeting. Addreas Telephone # Agenda # Summary of Matter to be ned - (One to per card) rf · p~- ~'.~'~ ~o s~ai any de~n made ~ ~ Ci~ ~~n ~ ~ M ~y m~ ~e~d at ~ meff~, b/~ ~ ~ed a ~d of ~ ~d~ ud, br o~ p~, b/~ my n~d M em ~t a u~ M of ~ me~ ~ ~de, v~h ~o~ ~dudu ~e tunny ~ ~ence u~n w~ ~ apd b ~ b ~d. ~.8. ~.01~) 2P~~ M ~i~te h and e~y ~e b~fl~ of a ~o, ~, or ae~ ~d ~ ~o C~. b ~n~ J~ ~o~ nqmL BOYNTON BEACH crrY COMMISSION MEETIlqG PUBLIC COMMENT CARD AGENDA ITEM8 the information called for below and five to the City Clerk prf/or to the atari of the City ephone#~___ Agenda#~-~ ~ g nmary of Matter to be Addressed - (~he topic per card) emu deeidee to eppeal any doclolon male by the City Commission trlth reape~t ~o ~ mat~er ~oe~Ldered 8t ~ ~,~, b/~ ,eeda re~ of ~e ~d~ ud, , w~h ~d ~dud~ ~e t~ny · ~ m ~l~te ~ and e~y ~e b~flm of a ~o, ~, or ae~ ~d ~ ~ Cl~. b ~nm~ Jo~ 0o, (561) 742~13 at lent ~n~-b~ req~ot. PUBLIC COMME~ CARD AGENDA ITgM9 Fill in the information called for below and give to the City Clerk p~to the start of the City Commi~ion Meeting. / Telephone # / Agenda # ~//1l ~ / Summary of Matter to be A~dreased . (One~opic per card) BOYNTON BEACH CITY COMM:LSSION PUBLIC COMMBNT CARD AGENDA ITEMS the izLformation ~dled for below and give to' the City Clerk prior to the stm~ of the City .ission Meeting, phone # Agenda of Matter to be mn de·ides to appod ~uy de~ision with ..... ----"~~-~ - .- - d · re~ord of th proceedings and, for such ~ --- ....... ,.-~.p~ u ~ .rimer ?onmidm4 at thio me he she DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: Arbolata Townhomes William Wietsma, Architect 25 Seabreeze Avenue Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Subdivision Master Plan approval for 172 fee-simple townhouse units LOCATION OF PROPERTY: Southeast corner of South Congress Avenue and Southwest 35th Avenue 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. 2. The Applica/nt ~ 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 u," GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: o~- 7-0~ S:\Planning\SHARED\WP\PROJECTS~Arbolata Townhom ity Clerk Location Map ARBOLATA TOWNHOMES EXHIBIT "A" PU REC LAI~E IDA N~C EXHIBIT "B" TOWNHOME8 .... ~ .......... WILLIAM WIETSMA,Accbitect AVE. + SW 3~ AVE ~ ~,o.,.. ~, ..... N.~.. A~-oo,.~. ............ BTON BEACH, ~ORIDA ~26 :Ii ........ 25 Scab,(cierA ...... _ ~6 I.))~4-48638u itc DO4, DelraYFax Beach,(561) 274-7636Florida 33483 EXHIBIT "B" ARBOLATA TOWNHOME$ CONGRESS AVE. + SW 35TH AVE. WILLIAM 'WIETSMA, Architect l=loeida License Numb*r AR-0014766 25 Seabreeze Avenue, Suite 304, Delrny Beach, Florida 33483 Office (561) 274-4863 Fax (561) 274-7636 fll -FI EXHIBIT "B" ARBOLATA TOWNHOMES CONGRESS AVE. -I- SW 35TH AVE. BOYNTON BEACH, I=!._ORIDA 3,.3.426 -WILLIAM WIETSMA, Arcl~it¢ct NGR~SS AV CALOOSA REGIONAL PARK EXHIBIT "B" AV CALOOSA REGIONAL PARK EXHIBIT "B" EXHIBIT "B" ,) i' 11 ~ i~i ARBOLATA ADDRESS CITY, STATE TOWNHOMES SITE LIGHTING PLAN MATCH LINE SEE SHEET L-2 EXHIBIT "B" ARBOLATA TOWNHOMES CONGRESS AVE. & SW 35TH AVE. BOYNTON BEACH, FL Landscape Plan EXHIBIT "B' MATCH LINE SEE SHEET L-1 UNIT I~UILDIN~ ~ CALOOSA ~G;ONAL PAR'K ~ ®~ ARBOLATA TOWNHOMES CONGRESS AVE. & SW 35TH AVE. BOYNTON BEACH, FL Landscape Plan IBIT "B'-~m, EXH ¥' ~ ARBOLATA TOWNHOMES co~o~s AVS. & SW ~ ^Ve. ~owrro~ ~s^ca. ~ Landscape Details, Data, & Notes MATCH LINE SEE SHEET T-1 , CALOOSA BBGIONAL PARN ~$ EXHIBIT "~'~ ®CDCDCD ARBOLATA TOWNHOMES CONGRESS AVE. & SW 35TH AV1B. BOYNTON BEACH, FL Tree Removal/Relocation Plan EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Arbolata Townhomes File number: SBMP 02-005 Reference: 2nd review plans identified as a New Site Plan with a November 19, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: To be determined. X UTILITIES Comments: 1. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the Code, Section 26-33(a). 2. Any trees proposed along the lateral canal (along the south property line) X shall be installed starting equidistant from the water outfall conduit. The tree spacing is to ensure that the root systems do not interfere with the underground infrastructure proposed near the south-center of the site. FIRE Comments: None X POLICE Comments: 3. Show placement of traffic signs on the site plan. X 4. Show traffic flow pattern on the site plan. X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: COA 01/24/03 2 DEPARTMENTS INCLUDE REJECT 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. PARKS AND RECREATION Comments: 7. The plans show 172 residential units to be in the development. These units X will be subject to the Park and Recreation Impact Fee based on the following formula: 172 Single Family, attached units ~ $771 ea = $132,612 The fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 8. Submit a statement indicating the existence/absence of any protected plants X or animals on the site. [ Comp. Plan. Policy 4.3.5, 4.4.1. ] PLANNING AND ZONING Comments: 9. The approval of this project is contingent upon the approval of the X corresponding land use / rezoning application (LUAR 02-009). COA 01/29/03 3 DEPARTMENTS INCLUDE REJECT 10. Because the detail of the pool area has been omitted from these drawings, the X recreation area will require separate site plan review, subject to approval by the Planning & Development Board and City Commission. Approval of the site plan for the recreation area shall be required prior to the issuance of a certificate of occupancy for the first townhouse building. 11. A plat will be required prior to issuance of a building permit. X 12. At the time of site plan review, if a fence is required around the pool / X clubhouse area for safety purposes, provide a detail of the fence including its dimensions, material, and color (Chapter 4, Section 7.D.). 13. The height of the privacy wall identified on the paving, grading, and drainage X plan (sheet "C-l) must be consistent with all other plans (six feet in height). 14. The elevations of the privacy wall shall include the exterior finish and X proposed colors. 15. Place a note on the landscape plan indicating that mulch other than Cypress X shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 16. Ensure that the landscape plan's tabular data regarding the type and quantity X of plants directly corresponds to its respective graphic illustration. 17. The Crape Myrtle trees shall be installed at minimum 12 feet overall height. X 18. It appears on the landscape plan that the southernmost row of Live Oak trees X proposed along Southwest 35th Avenue may be installed outside the landscape buffer and onto each townhouse owner's property. If so, staff recommends restricting those townhouse owners from removing the trees in order to preserve the quality and function of the buffer. 19. All future signage will require a major modification to the site plan, subject to X review and approval of the Planning & Development Board and the City Commission. 20. All street signage and striping shall be shown on the site plan and approved X by the Engineering Division prior to the issuance of a buildin~ permit. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 21. To require and identify a sign easement area for an off-premise sign related to X Caloosa Park and a future "Chinese Friendship Park". COA 01/29/03 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 22. To be determined. ~ S:\Plannin~Shared\Wp\PrejectsX~rbolata Townhomes\SBMP 02-005\COA_doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Survivors Charter School Eugene Gerlica, P.E. Quantum Limited Partners, Ltd. APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for a two-story charter high school building (33,376 square feet) and a one-story office / warehouse building (186, 286 square feet) on 5.6 acres in a Planned Industrial Development. LOCATION OF PROPERTY: 1325 Gateway Boulevard Boynton Beach, FL 33426 (Lots 18 & 19, Quantum Park PID) 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 Applic/ant ,,,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". o The Applica/nt's application for relief is hereby v" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: ~ -7-0~ ~x S:\Planning\SHARED\WP\PROJECTS\Quantum Park Surv~ All further development on the and conditions of this order. Other [~~ property shall be made in accordance with the terms ,,~OYNT04~ ~ Location Map LOTS 18-19 QUANTUM PARK EXHIBIT "A" ji C3 PID MOTOROLA QUANTUM PARK EXHIBIT \~KENCARLSON01 \Company~PROJECTS~2002\02163_Survivors_Charter_School~ 1.0_TITTLE_SHEET_02163.C ~zzz~ffi ~mZZZ ~ -cc-~z C C~ IIBII wg, 12 / / / / / / × \ 'il EXHIBIT "B" EXHIBIT "B" EXHIBIT II B Ill B liB" EXHIBIT "B" _l EXHIBIT ,! ,/ 'B' EXHIBIT "B" '~ :Il/l/ II liPl I [il ! , ., .~ ,,, II~ .' , ,,~!! ', . / . , ,,,.1 ~,1,I,, I ~" I / I1 II J i II J x. ~ .,- ~ ~ ~ ;~ J ....... , ~ '; f" !iitiill!l!lllt! !11ii J' ~tlI., '~~ ~ 'iJ!l ,'ii ~ ,i Ill. , dj j 4 ,, I t l ,. !1 · ~t~llJll'!i!!iil ilq~ : I~ 'i i ti '[~l ~ il ~ I ~ ~P i Iii~ II dl~ I Ii !fill ~ , ., ~I!1 ! tp I ii t Iii: ~ i~ ~ ~ !~_ ~, ~ii,-~i~llP, t il '~,il I ~ I -t'. ; I " ~ I ~ i~ I~ !t I , -' !~'l~ ~_~--~ iii~,,[,; '~ ,~'~ , I EXHIBIT "B" .~,. ~ .'-~--- ~.~,-=' SURVIVORS SCHOOL ' ' 2500 ~uantum Lc3ke$ Dr. EXHIBIT "C" Conditions of Approval Project name: Survivors Charter School File number: NWSP 02-020 Reference: 2nd review plans identified as a New Site Plan with a December 17, 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: 2. Reconfigure signalization at the intersection of Gateway Boulevard and Park X Ridge Boulevard as necessary to accommodate the new driveway and added traffic movements (Chapter 6, Article III, Section 16). Coordinate permitting with Palm Beach County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 3. A minimum 1,500 GPM ~ 20 psi fire flow is required. (LDR Chapter 6 X section 16). 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code , (2000) Section 29-2.3.2. 5. Emergency access shall be provided at the start of a project and be maintained X 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. 6. City Ordinance Section 9-6, 3 / 7-11 requires approved automatic fire X sprinkler systems throughout the following: · Institutional or educational buildings, hospitals, nursing homes, COA 01/27/03 2 DEPARTMENTS INCLUDE REJECT homes for the aged, convalescent centers, rehabilitation facilities, day care centers for more than 12 clients under one (1) year of age, adult congregate living facilities, and all occupancies and uses of similar nature; or · All buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. POLICE Comments: None X ENGINEERING DIVISION Comments: 7. Show all existing utilities on Site Development plan (LDR, Chapter 4, X Section 7.A.3). 8. A fill permit will be required from the Development Department (Building X Division). 9. Full drainage plans in accordance with the LDR, Chapter 6, Article 1V, X Section 5 will be required at the time of permitting. BUILDING DIVISION Comments: 10. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION COA 01/27/03 3 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: 13. The removed trees along the Gateway Boulevard Road right-of-way and X existing lake perimeter must be replaced and approved by the Quantum Park Property Owners Association. This includes existing trees / vegetation impacted by the proposed site drainage structures (Chapter. 7.5, Section. 7.C.). 14. All trees and palms (Sabal) listed should be a minimum of 12 feet - 14 feet in X height, and three (3) inches caliper at time of planting (Chapter 7.5, Section 5.C.2.). PLANNING AND ZONING Comments: 15. Approval of this site plan is contingent upon the approval of the X corresponding request for Use Approval (USAP 02-004). 16. Revise the site data on sheet "A3.0" to reflect the correct zoning of the X property as "PID". 17. A unity of title will be required. At the time of permitting, submit the Unity X of Title to the Building Division. 18. The proposed building setbacks should be indicated both in the site plan X tabular data and graphic detail. The "east comer" setback in the tabular data should be revised to match the graphic illustration (Chapter 4, Section 7.B.). 19. The collective wall signage area for both buildings shall comply with Chapter X 21, Article IV, Section 2.C. 20. The monument sign(s) must be at least 10 feet from the property line. Also, X the monument sign(s) must be consistent with the Quantum Park Master Sign Program. 21. The Quantum Park Architectural Review Committee approval is required and X must be submitted prior to the Planning & Development Board meeting. COA 01/27/03 4 DEPARTMENTS INCLUDE REJECT 22. The Palm Beach County Traffic Division recommends that a traffic X circulation plan be prepared to address the school's traffic operations and safety needs, during the opening and closing periods. Proper trip generation rates and peak hour factors should be applied to determine peak hour traffic demand during these periods. Submit the traffic plan to the Planning & Zoning Divison prior to the issuance of a certificate of occupancy for the charter high school. 23. The Glossy Privet and Sabal palm trees shall be installed a minimum 12 feet X overall height (Chapter 7.5, Section 5.C.2.). 24. Staff recommends adding a hedge along the exterior portions of the walkway X that leads from the charter school building to the flex building. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 25. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 26. To be determined. ~ MWR/elj S:\Planning\Shared\Wp\Projects\Quantum Park Survivors SchooI\NV~P 02-020\COA.doc 17" F_'X'I IIBIT "O I ~ ×H'IBIT "D" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Survivors Charter School APPLICANT'S AGENT: Douglas B. McDonald - Quantum Limited Partners, Ltd. APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive Suite 101 Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Request use approval for a charter high school in the Quantum Park PID. LOCATION OF PROPERTY: Quantum Park Lots 18 & 19 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appl~tAS 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 Applica/nt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\C City Clerk Location Map LOTS 18-19 QUANTUM PARK EXHIBIT "A" R1AAA C3 MOTORO III i: / / / / / / / ,/ / l~l[,"[l: I~ '[ il I~ :::,:!lll[ll[l :I ;': I~:!ll :ill I[ ~i!: L.,l..' Ill I11 ill I . ~ .,I .: / / / "B il EXHIBIT "C" Conditions of Approval Project name: Quantum Park Survivors Charter School File number: USAP 02-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X 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 Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Quantum Park Survivors SchooI\USAP 02-003\CO~,.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Motorola PID R. Duke Woodson / Foley Lardner Attorneys at Law 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue 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 ,,,""GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: - 7-o S:\Planning\Shared\Wp\Projects\Motorola City Clerk Location Map MOTOROLA P.I.D. EXHIBIT "A" C3 C3 QUA~NTUM PARK D E4 CANAL~',,x, R1AA l/ 800 0 800 1600 Feet PROPOSED ZONING THE r'IOTOROLA DRI NOPC Bl/23/2B83 lB: 32 5~-~65-8963 L~-lll_l~Y-I-ultt~l~,, l~'~ ........ Project name: Motorola File number: MPMD 02-004 EXHIBIT "C" Conditions of Approval Reference: 2nd review plans identified as Master Plan Modification with a January 9, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. This proposed master plan modification is located where utility support is X available. We are providing only a cursory review of the master plan as submitted at this time. Additional comments will be required after a utility plan has been submitted. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. All exterior elements shall comply with the Florida Building Code for X handicap accessibility. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST COA 01/27/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING Comments: 2. On master plan sheet, correct the identification of Interstate 95 on the General X Location map. 3. Identify the Community Commercial (C-3) zoning districts. X 4. Apply for cross access easements at the time of site plan review. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 6. To be determined. ~o MWR/elj S:\Planning\Shared\Wp\Projects\Motorola DRI\MPMD 02-004\CQ~.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel APPLICANT'S AGENT: James Barretta - Barretta & Associates APPLICANT'S ADDRESS: 412 East Ocean Avenue Suite 1 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: 3190 Hypoluxo Road 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 v/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~ '" ?- O.~ J:\SHRDATA\Planning\SHARED\W Revised ,doc Clerk rms folder\Develop. Order Form-2001- Location Map CALVARY CHAPEL EXHIBIT "A" ARTESIA~_D_R~ AMBERJACI4~_D_ HYPOLUXO EXHIBIT "B" II:;,i~ /I,,~,! ..: .:.,, / ! F" Calvary Chapel Boynton Beach ,:% 7':,':':',' ,"'Y' ;". ',','Z, ...... Barretta & Associates Architecture Planning Demgn EXHIBIT "C" Conditions of Approval Project name: Calvary Chapel File number: SPTE 02-003 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\CalvaryChapel Boynton Beach\SPTE 02-003\CCA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park North & Lot 89B Waivers APPLICANT'S AGENT: Sara Lockhart - Calvin Giordano & Associates, Inc. APPLICANT'S ADDRESS: 560 Village Blvd. Suite 340 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Waiver modification request related to a Master Site Plan located in a Mixed Use POD in Quantum Park PID. LOCATION OF PROPERTY: North of Gateway Blvd., West of High Ridge Road; East of High Ridge Road. 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 ,/'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: o~- 7-09 S:\Planning\SHARED\WP\PROJECTS\QL Clerk ge\Waivers\DO .doc Location Map EXHIBIT "A" R1AA NIC D PARK / N ~ W+E $ EXHIBIT "B" / i EXHIBIT "B" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bethesda Physician Parking APPLICANT'S AGENT: Jaime Gentile - Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place Suite 106A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for a 32,058 square foot parking garage in a PU zoning district on a 1.43 acre parcel. LOCATION OF PROPERTY: 2700 block of SW 4th Street Boynton Beach, FL 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 ,/'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ICORPORATED ~ DATED: S:\Planning\SHARED\WP\PROJECTS\Beth( City Clerk 02-011\DO2003.doc Location Map Bethesda Hospital Physician Parking NWSP 02-011 EXHIBIT "A" PUD S PU 300 0 300 C 600 Feet ~SE±27TH-AVE SE 27THCT N $ IIII IJlJl. I ~ IBIT II B II v IIBII EXHIBIT "B'~- EXHIBIT '~" k PLAN (NOR TH BLI~G) EXHIBIT J 'LAN (SOUTH BLDG) BETHESDA HOSPITAL 2gl$ NOUTI'I S~-..ACRP_S-T BL VD. BO~NB~ EXHIBITI"B"f Ir/KCA Design Group, Inc. |Kei~ D. Chamber~, R.A. I Pt~-ideat ' AR 13376 I ~ (~0 ~- ~ (sa0 ~ ,I EXHIBIT PHOTOJ~TRt-C$ I K f~-~ ff/KCA Design Group, Inc. I ~r~"n'%-~ I/K~,it~ D. c"~l~rs, ~ Ill B III EXHIBIT liB" EXHIBIT "C" REVISED Conditions of Approval Project name: Bethesda Physician Parking File number: NWSP 02-011 Reference: 3rd Review plans identified as a New Site Plan with a January 17, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 2. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 3. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. Indicate by note at time of permitting. 5. Add supplemental 4" Solid Yellow Striping (diagonal) at the egress X driveways from the parking structures into the existing parking lot. The intent is to provide a visual barrier between the driveway aisle and adjacent parking spaces in the existing lot. BUILDING DIVISION Comments: 6. At time of permit review, provide a completed and executed City of X Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 7. 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: 8. The applicant must show on the landscape plans all existing trees. Show X which trees will be preserved, relocated throughout the site or removed and replaced on the site. These trees should be shown with an appropriate symbol on the landscape plan. PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 9. Provide a unity of title at time of building permit submittal. X 10. Provide building colors by name and manufacturer's number on the X elevation drawings. 11. Provide a parking space detail drawing on the site plan. X 12. Provide a survey, current within six (6) months at time of building permit X submittal. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 13. Provide a six-foot masonry wall between the two buildings, set back at least X 10 feet from the west building line (this will replace the vinyl clad chain link fence as shown on the proposed site plan). 14. No mechanical exhaust equipment may be located on the roofs of the garage X buildings. 15. Provide the photometric plan to the adjacent residents for their review and X consent prior to submittal for a building permit. 16. Provide some type of vertical slating on the garage window openings facing X the "park" area between the two buildings only if they meet Building Code and Fire Code requirements. 17. Provide more tree variety along the west landscape buffer. X 18. Provide a six foot high masonry wall with a gated access point X beginning at the southeast corner of the proposed southerly structure and terminating at the southern property line of Bethesda Memorial Hospital. 19. Provide a second six foot high masonry wall with a gated access point X at the northeast corner of the proposed northerly structure and connect to an existing wall to the north of the subject site. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. No mechanical exhaust equipment will be permitted on the project. X S:\Planning\SHARED\WP\PROJECTS\Bethesda\Physician Parking NWSP 02-01 l\COA.doc ~EXHIBIT ~ - 2/4/03 CITY COMMISSION MEETING-- WE THE UNDERSIGNED DO HEREBY REQUEST THAT THE BOYNTON BEACH COHHISSION APPROVE THE FOELOWING RESIDENTIAL PRO3ECTS ON SOUTH CONGRESS AVENUE IN BOYNTON BEACH' + THE .1EFFERSON AT BOY'I'ON BEACH RESIDENTIAL PROJECT (Previously identified as Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-00g at the P&D Meeting) SIGNATURE PRINT NAME ADDRESS · -:.~,-,,~,r' - - - '~ - ." t,'."l"T7 ................................... _ _~_ _) 2. ~%~c~~--.,_=~k.~.]~__~~ .... t_~_t,_%'t,_9, l)..~-, ~. ~ ~: ~-~~. _t :z__~~_ ~ ~_ ~.: ........... ~__e_ _~-~F_~b 10 11.- 12. 13. 14.( 15. 16.- 18. -! 19. 20. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .IEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-00g) _._._SIG N~.,,U RE PRINT NAME ADDRESS · ~ ' ' -- , , /,4 c~~ ~./~d~ ~~~-~--- ~_ ~Z~~_~__- ..... 8. -~*- ~ ~__ Z ......... ~ ~ ~~, ~_. - ...... [ ' - ........ ~_ .--_ -~ ~~ ........ ~o. ~~-~p~~ ...... ~_~_~.,~~.__---- ~4 ~~~~~ _ Z~ ...... · -~,.. ~;--,,-, ~-~-~~___ _~~~-- ~. --~;;?-.-~~;~_~~ ....... jy_~_~~~~;;~--- ~ 6 - ~ ~~~~' ....... --- .--- . .~, . ~~~ ......... ~. ~~~~ .......... ~;~_~_~,~ _ ~o ~-¢--'-~-u_~:~~ .... ~ ~z_ ~ --- - 1 -" '~~Z~_ / ,~ -... --. -- ..~.. - ....... ,, ................ ~__~~~ ~o. ~~_~ .......~_~~o_e-:~_ __ WE THE UNDERSIGNED DO HEREBY RE(~UEST THAT THE BOYNTON BEACH ~uMMISS]ON APPROVE THE FOLLOWING RESIDENTIAL PRO.1ECTS ON SOUTH CONGRESS AVENUE IBI BOYNTON BEACH' + THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PRO.1ECT (Previously identified as Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-009 at the P&D Meeting) / 1 2. 3. 5. 6. 7. 10. 11. 12. 13. !4. SIGNATU RE PRINT NAME ADDRESS ..... ~_~__~_~ ..... ~~~~__~ ~ 20. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS' + THE -]EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS' WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE 3EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS _~ '. .... ~~ ' ~ ............ -~~-~' - ,~'~ ~z~~ ...... i--~V ....... 4. - ~ ........ ~ .............. J-~--¢ ~C ~__ s ........ ~ ...... .............. ~t~_~~~_ ~ ~ ~/Z- ~ ~s ~ ~ ...... ~. _ ....~ ..... ~ 9 --- , _ ~._~ ~'-' ~ .... ~--- ' " WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .IEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS 10. 11. 12. 13. 15. 16. 17. 18. 19. 20. mmmmmmmmmmmmmlmmmem mmmmmmmmmmmm mmmmmmmmmmmmmmmmmmlm mmmmmmmmmmmmmmmmm mmmmm mmmlmlmm m mmmmmmmmmmmmmmmammmmmmmmmmm mmmmmmmmmmmmmmmmmmmmm mm mm m mmmmm' WE THE UNDERSIGNED DO HEREBY RE(~UEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE FOLLOWING RESIDENTIAL PROJECTS ON SOUTH CONGRESS AVENUE IN 6OYNTON BEACH: + THE JEFFERSON AT BOYTON BEACH RESIDENTIAL PROJECT (Previously identified as Prop6sed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES ON CONGRESS AVENUE. (Identified as LUAR 02-009 at the P&D Meeting) NATU RE PRINT NAM E ADDRESS ........................................................ WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROI~I "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE .]EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) + THE ARBOLATA TOWNHOMES (LUAR 02-009) ~IG~ ,A'I'_j~ RE PRINT NAME ADDRESS ~. _. _ .... ~ __ ~ ...... ~_'_~_o_~_;~__ CJZ_~__~_ ~ z-~ ~ ~ 6 ~,,,~ ., ................ . _~--~x~~,__. ................ .___.. _ _ _ · ;. .... ~-~~_~_~___ ~_~_.~~~_~ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. mmmmmmmmm mmmmmmmmm mmmmmmmmmmmm~m, mmmmmmmmmmmmmmmmm m WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: THE .1EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) THE ARBOLATA TOWNHOMES (LUAR 02-009) GNATURE ,.- PRINT NAME / _~..~z~_.~.~,cv, ^~o~ss ~. -~. .... _=~ ........ ~ ......... ~___ ?~_~~~ m 7. 8. 9. 10. !1. 12. 13. 14. 15. 16. 17. 18. 19. 20. mmmmmmmmmmmmmmmmmmmmmmmmmm ~1 mm · m m mmmmmmmmm mm! mm mmmmmmmmmmmml mmmmmmmmmmmmmm, mmmmmmmmmmmmmmlmmmmmmmmmmmm, mmmm mmm m mm mmmmmmmmm mmmmmmmmmmmmmemmmNmmmmmmmmmmmmmmmm~mmmm mmmmmmmmmmmm WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE -1EFFERSON AT BOYTON BEACH (Proposed OrdinancE!: No. 02-262) · + THE ARBOLATA TOWNHOMES (LUAR 02-009) I~___7_SIGNATURE ! PRINT NAME ADDRESS ~ .... z ~ _~_.~ ~ v--,,r~ ! / , _-f , ~ ............... ~. -~ ~' ~-~ T- ~' ............... T .... ~---~'~ .... ~-/--~'~-~' ~'~- .... F ....... --V-~ .... )~ ....... :--Y ~,: .... ;-,~ 8. 12. 14. 15. 16. 18.- ............................ 19 .............................. WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" T'O RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AN[) FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE JEFFERSON AT BOYTON + THE ARBOLATA TOVVNHOMES BEACH (Proposed Ordinance No. 02-262) 2. 3. 4. 5. 6. 7. 9. !0. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS mmmmmmmmmm WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE -1EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) E ARBOLATA TOWNHOMES (LUAR 02-009) SIGNATURE PRINT NAME ADDRESS 8 mmmmmmmmmmmmmm.mmmmmmmmm~ mm mm mm mm~mm 19 - WE THE UNDERSIGNIL:D REQUEST THAT THE BOYNTON BEACH COMMISS'ION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR THE FOLLOWING RESIDENTIAL DEVELOPMENTS' + THE 3EFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262) +. THE ARBOLATA TOWNHOMES (LUAR 02-009) /q SIGNATURE PRINT NAME ADDRESS ....... ---. _ ~_ ./-[. .............. _~.~ 3. ____2¢~._t-.~___ _ _/~f,O.2' _ ,. -~- ,, 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. mmmmmmm mmmmmmmmm! mmmmmmmmmmmmmmmmmm~mmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmm mmmm m ! mmmmmm mm mmmmmmmmmmmmmmmmmmmmm m mm mmmmmmmmmmmmm, mmm m mmmmmmmmmmmmmm, mmmmmmmmmmmmmmmmmmmmmm! WE THE UNDERSIGNED REQUEST THAT THE BOYNTON BEACH COMMISSION APPROVE THE CHANGE OF ZONING FROM "INDUSTRIAL" TO RESIDENTIAL" FOR THE LAND ON THE EAST SIDE OF CONGRESS AVENUE AND FOR TME FOLLOWING RESIDENTIAL DEVELOPMENTS: + THE JEFFERSON AT BOYTON BEACH (Proposed Ordinance No. 02-262). + THE ARBOLATA TOWNHOMES (LUAR 02-009) ,~~~ PRINT NAME ADDRESS · ~, ~~--: ........... ~___,__ ~ ~ ~~ ........... ~ ......... _. ~-:-~~ ...... ~.., ..... ~ .............. ~/~ = ~~~ ~/~ ~~. ~'~ ~. - ...... . ~ ........._ .... .___~___~___~. 10. 11. 12, 13, 14. 17 ..... - _ 19 ......... 20 ---