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Minutes 08-03-99 MINUTES OF THE REGULAR CZTY COMMISSZON MEETTNG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 3f 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENTNGS: Call to Order - Mayor 3erry Broening Invocation - Reverend Rick Riccardi - Police Chaplain Pledge of Allegiance to the Flag led by Mayor Pro Tem William Sherman Mayor Broening called the meeting to order at 6:34 p.m. Following the invocation, Mayor Pro Tem Sherman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Ivlayor Pro Tem Sherman requested the addition of Item X-D., "Donation to American Legion Post :~64 Baseball Team". Commissioner Weiland requested that Item TV-D.4 be removed from the Consent Agenda for discussion. ViCe Mayor Tillman requested the addition of Item V-B., "Elimination of Funding of Ttems in Budget for Fiscal Year 1999/2000". Mayor Pro Tem Sherman requested that Item TV-C.1 be removed from the Consent Agenda for discussion. Commissioner Denahan requested that the last paragraph on Page 2 of the City Commission WOrkshop Meeting minutes of July 28th be corrected for clarification. Commissioner Denahan said that when she offered her choices, she did not list them in order #1 to #5. She gave her toP five with total disregard to the numbers. Commissioner Weiland agreed that he did the same. 2. Adoption Commissioner Denahan moved to approve the agenda as amended. Vice IVlayor Tillman seConded the motion that carried unanimously. MEETTNG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORIDA AUGUST 3, 1999 Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Board Length of Term Expiration Date III Sherman IV Tillman Children & Youth Advisory Board Children & Youth Advisory Board IV Tillman Mayor Broening I Weiland II Denahan Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals Bldg. Board of Adjustment & Appeals I Weiland Code Enforcement Board III Sherman IV Tillman Community Relations Board Community Relations Board IV Tillman Nuisance Abatement Board II Denahan Planning & Development Board IV Tillman Recreation & Parks Board IV Tillman Firefighters' Pension Board Appointments were made as follows: Alt 1 yr term to 4/00 Tabled (2) Stu/NonVoting 1 yr term to 4/00 Tabled (2) Reg 3 yr term to 4/01 Tabled (2) Reg 3 yr term to 4/02 Tabled (2) Alt 1 yr term to 4/00 Tabled (2) Alt i yr term to 4/00 Tabled (2) Alt i yr term to 9/99 Tabled (2) Alt 1 yr term to 4/00 Tabled (2) Reg 3 yr term to 4/00 Tabled (2) Reg 2 yr term to 4/01 Tabled (2) Alt 1 yr term to 4/00 Alt i yr term to 4/00 Tabled (2) Reg 2 yr term to 4/01 TABLED (3) Commissioner Weiland appointed Sarah Williams as an Alternate member of the Code Compliance Board. All remaining appointments were tabled. Motion Commissioner Denahan moved to approve the appointment and table all remaining appointments. Commissioner Weiland seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Broening made the following announcements: MEE'I"~NG Mi'NUTES REGULAR CI'TY COMMTSSI'ON BOYNTON BEACHf FLOR/DA AUGUST 3f 1999 Community Redevelopment Agency Meeting - Wednesday, August 11, 1999 @ 6:30 p.m. in Commission Chambers Attorney Cherof advised that the CRA Meeting would be followed by a Special City Commission Meeting to address the public hearing that was originally advertised for this meeting regarding the One-Year Action Plan. T.N.T. Concert @ Oceanfront Park on Friday, August 27th from 6:00 p.m. to 9:00 p.m. -"Legends" (Contemporary) B. Presentations: 1. Proclamations: None 'tV. CONSENT AGENDA: A. Minutes: Regular City Commission Meeting of July 20, 1999 Special City Commission Meeting of July 26, 1999 City Commission Workshop Meeting of July 28, 1999 The minutes of the City Commission Workshop Meeting of July 28, 1999 were clarified as discussed earlier by Commissioner Denahan under Agenda Approval. Bids - Recommend Approval - All expenditures are approved in the 1998-99 AdoPted Budget Award the bid for the "PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS" to O-K Generators in the amount of $62,180 Approve "piggyback" purchases for SUBMERSIBLE WASTEWATER PUMPS" utilizing a City of Delray Beach Bid #99-19 from Southeastern Pump with an anticipated expenditure of $100,000 Approve the CHANGE ORDER/TNCREASE request to Hector Turf, Tnc., for VARIOUS PARTS AND SUPPLTES FOR TORO PRODUCT APPLTCA-I-~ONS in the amount of $1,200, bringing the anticipated expenditure total amount to $1Z,750 Approve piggybacking the D.O.T. - LANDSCAPE MATNTENANCE CONTRACT through April '99 with Enviroguard Systems, Inc., and authorize continuation of their services at T-95 Right-of-Way/Boynton Beach Boulevard Tnterchange for the remainder of the Budget '98-'99, MEETTNG MI'NUTES REGULAR CI'TY COMM1'SSI'ON BOYNTON BEACH~ FLOR.I:DA AUGUST 3, 1999 with an estimated expenditure of $20,800 (original Purchase Order for the amount of $9,600 plus a Change Order request in the amount of $1:[,200 Approve the bid extension, as per the specifications and the same terms and conditions of the Bid - GOLF COURSE RENOVATIONS AND PRACTICE AREA CONSTRUCTION, for seven tee renovations with Detail Turf, ]:nc., in the amount of $34,144 (PROPOSHD RE$OZUI'~ONNO. R99-97) Approve disposal of Surplus and Confiscated/Unclaimed Ttems through a City Auction, a Sealed Bid (for surplus computer equipment) and an Outside Auction Approve extension of the renewal of the WATER METER CONTRACT REMOTE TOUCHREAD SYSTEM with an annual estimated expenditure of $400,000 C. Resolutions: Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TAB££D TO 8/3/99 M~£1'~NG) At Mayor Pro Tem Sherman's request, ]:tern TV-C.1 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-98 Re: Accepting a Letter of Credit Number BA404 from BankAtlantic in the amount of $142,000 as surety for construction of the water and sanitary sewer systems for the project known as Hunters Court Proposed Resolution No. R99-99 Re: Confirming the appointment of Gayle Easterling as Senior Planner for the Planning & Zoning Division of the Department of Development and authorizing the City Manager to execute an appointment contract and adopting a position description D. Ratification of Planning & Development Board Action' Wal-kMart Supercenter (Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request approval to appeal the Community Design Plan, Chapter 9. Section 11._1, to allow overhead doors located on elevations of the proposed commercial/retail building that face Knuth Road and Winchester Park Boulevard MEETING MTNUTES REGULAR CTTY COMMISSTON BOYNTON BEACH, FLOI~DA AUGUST 3~ 1999 m Wal-kMart Supercenter (Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request new site plan approval to construct a 220,184 square foot retail store on 39.61 acres The Morris Building (161 Commerce Road, Lot 4 High Ridge Park) - Request new site plan approval to construct a 15,104 square foot industrial/warehouse building on 1.099 acres .. Day Care in R-l-AA Zoning District - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5.C to include day care as an allowable use within the R-l-AA zoning district At Commissioner Weiland's request, Consent Agenda Item IV-D.4 was removed from the Consent Agenda for discussion. Height Increase (Single-family Structures) - Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 4.f to allow for administrative approval to increase the maximum height of a single-family home from 25 feet to 30 feet Approve Change Orders #7, #10, #11, #12 and #15 totaling $45,262.24 adjusting the contract amount with Mouw Associates for the 1913 Schoolhouse Museum Project to $1,146,806.89 (Original contract amount $1,112,900 plus previously approved Change Orders $33,906.89) and requesting a $44,310 transfer from C.I.P. Approve funds for Housing Rehabilitation Case #2-98-012/Charles and Annie Rahming in the amount of $13,944 (This amount includes leveraging of SHIP grant funding of $10,000 and City of Boynton Beach Home Improvement funding of $3,944.) Approve payment for contractual programming personnel from Maximum Group/TEK Systems Inc. of 1000 NW 56th Street, Suite 300, Fort Lauderdale, by utilizing a State of Florida SNAPS Agreement and authorizing a purchase order for $50,000 Motion Vice Mayor Tillman moved to approve the Consent Agenda with the exceptions of Items C.1 and D.4. Commissioner Denahan seconded the motion that carried unanimously. MEETZNG MI'NUTES REGULAR C]:TY COMM'rss'roN BOYNTON BEACH, FLOR.I:DA AUGUST 3, 1999 CONSENT AGENDA I'TEMS FOR DI'SCUSSI'ON: C.1, Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce 1~£~7.XN~) Virginia Farace, Library Director, reported that this project is a City/Chamber of Commerce Partnership marking community progress. She announced that the team members would offer a PowerPoint presentation. (A copy of the presentation is attached to the original set of these minutes on file in the City Clerk's Office.) Team members included: · AnthonyAIbano, Sun-Sentinel · Mayor Jerry Broening, City of Boynton Beach · Angela Budano, Freefall Design Resources · Rich Ciarlariello, Sun-Sentinel · DeeAnn Cox, Palm Beach Post · Christine Francois, Dolphin Restaurant · Mike & Amy Hazlett, American Recycled Plastic · Jim Nguyen, City Planner · Kathy Shabotynskyj, Chamber of Commerce · ,~ohn Wildner, Parks Division - City of Boynton Beach · Winslow Wedin, Architect At the conclusion of the presentation, a prototype of the information center was unveiled. Commissioner Weiland referred to the sponsorships of these information centers. He pointed out that there is an effort underway to find sponsors to cover the $2,000 cost of each station and inquired who would be responsible for the cost if sponsors could not be secured. Ms. Shabotynskyj said the stations would not be put in place until a sponsor is secured. One station is already sponsored and the efforts will continue to gain sponsorships for the remaining four stations that are planned. Commissioner Weiland also asked if the pockets at the bottom of the information station are secure so that the information brochures would not be destroyed during a rainstorm. Ms. Shabotynskyj was of the opinion that the overhang would provide enough shelter for this purpose. The team will make certain this is the case. Although the proposal recommends that the City fund the advertising in the approximate amount of $1,200 per month, Commissioner Weiland suggested that the City pay up to $1,200 per month. Mr. Hawkins recommended that the City be provided with an evaluation of the marketing and advertising activities on a quarterly basis so that we can track the progress. Ms, Shabotynskyj was in agreement and stated the team would be evaluating this project to make sure the MEE'I'~NG MI'NUTES REGULAR CZTY COMMTSSI'ON BOYNTON BEACH~ FLOR.I:DA AUGUST 3~ 1999 marketing campaign is bringing people to the Progress Trail. Mr. Hawkins advised that this funding would come from the Community Promotions Account. Vice Mayor Tillman questioned how the $1,200 per month figure was devised and where it would be spent. Ms. Shabotynskyj said the funding would be used for print advertising in The Palm Beach Post, the Sun-Sent/ne/and the Boynton Beach 77mes. There would be two color display ads per week in each of these newspapers. Vice Mayor Tillman was of the opinion that these information centers were supposed to be viewed as people were passing through the area. He expressed concern that the City would be spending $1,200 per month to draw people to the sites. He suggested securing sponsors to pay for the advertising as well as the centers. Vice Mayor Tillman has a problem with the location of these centers in construction zones. He felt that if businesses want to partner with the City, they must get behind the project :[00%. He recalled that when business was supposed to partner with the City to put up the banners, that partnership fell through and the City wound up paying :[00% of the cost associated with that project. Vice Mayor -I]llman has a problem spending City money on this project. Mayor Broening said he would share Vice Mayor Tillman's concern if the expenditure were only to advertise visiting the Trail. However, the intention is to highlight progress in the downtown. The advertisements would highlight specific projects, initiatives and achievements. During the Visions 20/20 process, there was agreement that advertising is an important part of the process. In Mayor Broening's opinion, $1,200 is a modest amount to spend on advertising our progress. Ms. Shabotynskyj feels the Trail will generate a great deal of free publicity. This is a public relations gimmick to get people to the downtown. Mayor Pro Tem Sherman said this issue has been brought before the Commission on four occasions. The request is for seven kiosks. One of the kiosks would be located at the Children's Museum that is not occupied. Another would be located at the Playground where we've had a fire. A third kiosk would be at the Ocean Avenue Promenade where construction is scheduled to begin very shortly. The fourth kiosk would be at the marina that has not yet begun. The advertisements would bring people to areas that Mayor Pro Tem Sherman believes will be very rough areas because of construction. Mayor Pro Tem Sherman would like to delay consideration of this item until we have a finished product to "brag" about. He would like this item removed from the agenda. Tn response to Mayor Pro Tem Sherman, Ms. Shabotynskyj said the information station would cost slightly less than $2,000. There are associated fees for the signage, etc. It is anticipated that there would be five information centers. One of the stations would be located at the Museum and Playground together. The Museum is in a fundraising mode and could benefit by visitors from the public. The information centers would never be placed in construction zones or block rights-of-way. MEET'LNG M'rNUTES REGULAR CTTY COMM'rss'roN BOYNTON BEACH~ FLOR.I:DA AUGUST 3~ 1999 Mayor Pro Tem Sherman questioned the scheduling of this project. He asked why this project could not be delayed. Ms. Shabotynskyj said people want to be part of the transformation and want to see the progress. Mayor Pro Tern Sherman said the Ocean Avenue project will take a year to complete and the marina will take longer than that. He would like this Progress Trail project to come back before the Commission in approximately one year. Mayor Pro Tern Sherman inquired about the number of months the City would be asked to pay for the advertising. Ms. Shabotynskyj said this project would not begin until the start of the new fiscal year. it would then be evaluated after the first three months, if funding for the project is included in the budget and the Commission is not happy with the project, that funding could be cut. Commissioner Denahan applauded the team for the presentation. She is excited to have the opportunity for the City to minimize the impact of the construction on Ocean Avenue. This might offset the fears the small businesses have of suffering through the project. We should be a community that looks out for each other and helps small businesses. :It is a wonderful opportunity to work collaboratively with our business leaders to promote and market redevelopment in the downtown. Mayor Broening feels the intention of the project is to be on the front end. The information stations are supposed to explain what is going on in the area and they give an idea of the scope of the redevelopment in the downtown. During the Visions 20/20 process, the need for advertising was recognized. Turned earth is a sign of progress and Mayor Broening wants to advertise that because it has been a long time coming in Boynton Beach. This is an extraordinary opportunity at a very modest cost. Mayor Broening will support this project. Vice Mayor Tillman pointed out that the groundbreaking for the Gateway Project recently took place. He asked about the signage for that project. Mr. Hawkins advised that specific signage for the Gateway Project and Ocean Avenue Project is in discussion. That signage would announce the projects. The signage for those areas is not involved with the Progress Trail presentation. Vice Mayor Tillman explained that the Progress Trail appears to be for one sector of the City at this time. There is construction in the north end of the City that is now ongoing. This should be highlighted. Vice Mayor Tillman has a problem with the signs being placed in construction areas. He feels there is no reason to put a sign in front of the Museum when the road is going to be torn up and impassable. While he wants the City to move forward and become a world- class City, he feels it is important to be prudent. He does not believe that the placement of two signs along Ocean Avenue is feasible or smart. He agreed with Mayor Pro Tem Sherman's remarks about the timing of this project being wrong. Mayor Pro Tem Sherman felt it was important to distribute the stations fairly and equitably. He did not like the phrasing "adjustments to locations and stations as needed". Mayor Pro Tem Sherman does not want to see these stations everywhere. With regard to the $1,200 per month, Mayor Pro Tem Sherman wanted to know the length of time of the City's commitment. MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 Ms. Shabotynskyj advised that the team was hoping to get a three-month commitment so that an evaluation and assessment could be performed to determine whether or not to continue the program. 'Mayor Pro Tern Sherman asked who would be responsible for maintaining the signs. Ms. Shabotynskyj advised that the product is made from recycled plastic. :It is very durable and would not require painting or maintenance. A person will be assigned to each station to supply updated information. City staff would be in charge of the Ocean Avenue kiosk since they are already providing a City newsletter on this redevelopment. With regard to the number of stations, Ms. Shabotynskyj reported that the committee would start with five stations. It is anticipated that the Boynton Beach Boulevard Port Promenade would come on line within the next year. At that time, a station would be added. When the marina comes on-line, the seventh station would be added. All of the stations would be clear of the construction areas. Mayor Pro Tem Sherman expressed his opinion that if the Commission decided to approve this project, he is hopeful the private sector would get involved and end the City's financial obligation. Ms. Shabotynskyj confirmed for Vice Mayor Tillman that the $1,200 City contribution would pay for the marketing and advertising campaign for the entire Progress Trail concept. The Committee, in conjunction with the Planning Division, has selected the locations for the information centers. Motion Commissioner Weiland moved to approve Proposed Resolution No. R99-69. Commissioner Denahan seconded the motion having the $1,200 per month for three months come out of the Special Promotions account. Lee Wische, 1302 SW 18th Street. said the issue of funding was addressed at the workshop meeting. At that time, a fee of $40,000 was discussed and the City was supposed to contribute half of that amount. He asked for clarification of the amount of funding. Ms. Shabotynskyj said the City would pay $1,200 per month for three months. Mr. Wische questioned the need for so many signs. He recommended that only one sign be put in place along Federal Highway and Ocean Avenue since he does not anticipate that people will make a special trip to the area to view all of the signs. Ginnv Foot, The Art of Framing, said she is proud of the progress in the downtown and urged the Commission to support this positive advertising project. Mayor Pro Tem Sherman reiterated his concern with the timing of this project. He is not opposed to the project itself. MEETI'NG MINUTES REGULAR CTTY COMMTSS~'ON BOYNTON BEACH, FLORIDA AUGUST 3, 1999 Mike Friedland urged the Commission to support this project to mark the City's progress. Herb Suss supports this project, but expressed concern since the issue of the marina development had not yet been clarified. The motion carried unanimously. When Commissioner Denahan referred to the $1,000 for the kick-off campaign and whether or not that funding was included in the motion, IVls. Shabotynskyj said that kick-off campaign would take place after the three-month trial period. D.4. Day Care in R-l-AA Zoning District - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5.C to include day care as an allowable use within the R-l-AA zoning district Commissioner Weiland said a number of residents contacted him with their concerns about the traffic that would be generated in the area because the only access would be from SW 14th Avenue and SW 3rd Street. The residents explained that SW 14th Avenue does not have any sidewalks and there is an elementary school approximately two blocks north of SW 14th AvenUe that generates a great deal of traffic in the morning and early afternoon. Commissioner Weiland inquired about impact of traffic from this daycare center and the possible decline in property values because of the use in a residential area. Hike Rumpf, Planning & Zoning Director, pointed out that the text amendment was reviewed and presented globally. However, in this specific case, given the access limitations, much of the traffic would be considered passerby traffic. :It is believed that the use would be piggybacked with the nearby elementary school and that the traffic is already generated in the immediate area. With the text proposed by staff, the use would be a conditional use at this location. A conditional use application requires public notification of all property owners within 400'. Commissioner Weiland understood that this parcel is a difficult one to develop because of the limited access. He said he pointed out to the residents that it would be possible to develop a small strip shopping center on this parcel. That type of development would generate traffic all day whereas a daycare center would only generate additional traffic in the mornings and evenings. He asked for clarification of what could be developed in this area if the development of the daycare center did not work out. Mr. Rumpf advised that at present, the parcel is zoned C-1. :If someone wanted to build a small commercial or office complex, it would be supported. Mr. Rumpf pointed out that it makes more sense to have traffic impacts that are related to residential uses. Commissioner Weiland referred to an item that would be discussed later in the meeting regarding neighborhood projects. One of the recommendations is the construction of a sidewalk for SW 12th Avenue. Commissioner Weiland suggested that staff look into the possibility of constructing a sidewalk on SW 14th Avenue. l0 MEETZNG MTNUTES REGULAR C'rTY COMMISSTON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 Mr. Rumpf said there had been neighborhood planning in this regard and staff is looking into circulation patterns. Other uses that would be allowed if there were opposition to the daycare center would be single-family homes, small group homes, or an ACLF. Motion Vice rvlayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: Interim City Manager Hawkins made the following announcements: Kids Kingdom - The toddler and small child portion of the playground has been reopened. The Florida League of Cities Florida Municipal ]:nsurance Trust has selected a contractor to conduct the restoration and renovation of the damaged playground. There were three bids and the lowest bid of $123,000 was accepted. The ]:nsurance Trust will be the administrator of the payments and the City will provide contract management, project management and sign-off of completion of the project. Some people expressed concern about the deductible. Based on the type of incident this was, approximately 95% of the cost will be covered through the Tnsurance Trust. That will result in a deductible of $5,000. A preconstruction meeting will be held within a week to set the timetable for the renovations. That timetable will be presented to the Commission next month. Through the insurance and already-budgeted funds, the expenses are covered. There is a Kids Kingdom project account in existence and if the public wishes to make a donation, the funds will be placed in that account. The City is not soliciting funds for this project. Tt is also anticipated that there will be community participation when it is time to landscape and mulch the project. Gateway Boulevard Project - The groundbreaking took place last week and the construction should begin within two weeks. The public was reminded to avoid the area when construction begins. Mr. Hawkins encouraged local organizations that were using the Royal Palm Clubhouse to contact Ms. Sharon Golden for locations of other public facilities. Approve funding and completion of six Pilot Projects for Neighborhood Areas involved in the formal Neighborhood Planning process for a total of $279,920 Hank Ackermann, Neighborhood Project Specialist and Dan DeCarlo, Planning ~ Zoninq Division, approached the podium. Mr. DeCarlo explained that one of the first steps in the Neighborhood Planning process is gathering the data to ensure that the Planning & Zoning Division information is correct. This involves a determination of quality of housing stock, infrastructure, sidewalks, streetlighting, etc. A time-consuming comprehensive review of each ]! MEETI'NG MTNUTES REGULAR CTTY COMMtSSTON BOYNTON BEACH,, FLORZDA AUGUST 3, 1999 neighborhood is conducted. Mr. DeCarlo encouraged the Commissioners to get involved in the neighborhood meetings. Mr. Ackermann distributed maps of the areas involved and advised that staff met at least twice with each of the neighborhoods involved. The residents recommended, and staff agrees, that these projects need to be done. Each of the neighborhoods is in the Visions 20/20 target area. Mr. Ackermann advised that one of the biggest expenses would involve sidewalks and curbing. We will be able to piggyback onto a County contract. He urged the Commissioners to support this project. Mayor Broening asked if there was any discussion regarding neighborhood parks during the meetings with the residents. Mr. Ackermann said there was discussion about parks in the Historic Boynton area. However, parks were not at the top of the priority list. The recommended items were first and second priority items. Commissioner Denahan referred to the back-up material and asked Mr. Ackermann to explain how the decision was made to put sidewalks on SW 12th Avenue rather than SW l0th Avenue. Mr. Ackermann explained that both areas were considered, but SW 12th Avenue was the area suggested by most people. All of the sidewalks proposed are on one side of the street only. Mr. Ackermann advised that all of the streets have partial sidewalks and SW 10th has a blacktop sidewalk. The new sidewalk would be concrete. COmmissioner Denahan pointed out that SW 10th is the major passageway to the school. She has not observed as many children using SW 12th Avenue. Mr. Ackermann advised that the sidewalk on SW 12th was a priority of the community and has the support of the community. Mr. Ackermann was willing to discuss with the residents the construction of a sidewalk on SW 10th rather than on SW 12th. Mr. DeCarlo is hopeful that when the Neighborhood Plan is brought before the Commission for approval, a complete inventory of all neighborhoods will be available. Mr. Ackermann consulted with the administration at the school to get their feelings regarding which streets needed sidewalks. Commissioner Denahan inquired about the roundabouts in the Boynton Hills area. Mr. Ackermann confirmed that the roundabouts are in the area where five streets come together. This has been a neighborhood concern for years. Mr. Hawkins reminded everyone that saving these roundabouts was a key recommendation in the Visions 20/20 Plan. The City Commission adopted Neighborhood Planning as a form of disbursement of these funds. The neighborhoods would have to engage themselves in an organized way to be considered for these funds. Mr. Ackermann advised that staff would move on to other neighborhoods once these projects are completed. MEETING MZNUTES REGULAR CZTY COMMTSS~ON BOYNTON BEACH, FLOI~DA AUGUST 3, 1999 Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion that carried unanimously. Mayor Broening congratulated Mr. Ackermann, staff and the neighborhoods that participated in this process. B. Elimination of Funding Ttems in Budget for Fiscal Year 1999/2000 After reviewing the proposed budget, Vice Mayor -Iqllman recommended the following: Savings can be gained from money returned from the 1998/99 budget. Fleet Reserve & Fleet Replacement - $700,000 for fleet reserve and $700,000 for fleet replacement. Cut these figures by 50% each Renegotiate the Architecture for Excellence contract and back in that money on the backside or half it for a semi-annual payment. Tn addition, the final part of the program could be funded in the year 2001. Eliminate the cost of the special units in the Police Department. This would put more men on the street and would eliminate part of the almost $1 'million in overtime costs. Since the Museum is not on-line, cut the Museum Director position to half time to save funds. Vice Mayor Tillman said his suggestions would result in savings of approximately $2.5 million. He requested that Mr. Hawkins review his suggestions to see of they are feasible. Mr. Hawkins advised that staff is in the process of reviewing the budget to look at potential cuts. This is part of the normal process of preparing the budget. Amendments will be brought forward based on these recommendations. V~. PUBLZC AUDIENCE: Kevin Scully, Scully's Market, referred to a meeting that was held at the Library. Present at the meeting were Scott Barber, Mike Rumpf and Nancy Byrne. There was good interaction between staff and the residents. When Mr. Scully attempted to read a derogatory letter about Mr. Hawkins that was written by Edith Kubatt, Mayor Broening asked him to stop. (Mr. Scully distributed copies of the letter to the Commissioners.) Mayor Pro Tem Sherman requested that the members of the public refrain from any personal affronts. Mack McCray, 806 NW 4th Street. commended the Commissioners for supporting the track team during the last City Commission meeting. MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH,, FLORIDA AUGUST 3, 1999 Ginny Foot, representing the Chamber of Commerce, offered the support and assistance of the Chamber of Commerce. VII. PUBLIC HEARING: Reconsideration of the Conditions of Approval (Exhibit "H'9 to the Conditional Use Approval for the "Marina Project" originally granted February 16, 1999, and approval of a revised Development Agreement between the City of Boynton Beach and Ocean Breeze Festival Park, ~[nc. (7.ABZ£D ££TZNG) Attorney Cherof reminded the Commissioners that they would act as the Community Redevelopment Agency to address this issue since this development is in the Community Redevelopment Area. Attorney Cherof addressed highlights of the back-up material that included the Development Agreement. The five key provisions are as follows: 1) Tt is contemplated that the project will be completed in two phases. The first phase would be completed by .lanuary 2002. This would include Casa Loma Boulevard and the adjacent restaurant and retail facilities on the north side. Casa Loma Boulevard is the development responsibility of Ocean Breeze. They are committed to complete the renovations, and the redesign and reconstruction of Casa Loma Boulevard less than a year from now. 2) Tt is currently contemplated that the project would have 360 public parking spaces located on the project and on adjacent public right-of-way. 3) Certificates of Occupancy for the apartment structure on the west side would be able to be obtained on a floor-by-floor basis provided all Codes have been complied with and inspections have been completed and approved. 4) The City will convey, by Quit Claim deed, its interest in the east end of Casa Loma Boulevard. This woUld facilitate the reconstruction of the sea wall and the redevelopment of the area as depicted on a drawing that is referred to as the Casa Loma Overlook. 5) With respect to the Casa Loma Overlook, language has been included to deal with getting that area redeveloped and used. Tt is the developer's responsibility to design and construct the improvements east of the cul-de-sac that are depicted on the site plan. However, that property remains City right-of-way. The City will issue a License Agreement to the developer to the north and will offer to the developer on the south (Two Georges) the license for the southern portion of the Casa Loma Overlook. The agreement would require Two Georges to accept that license within 30 days of the offer and to reimburse, by use of a 14 MEET~'NG MTNUTES REGULAR CTTY COMMZSS'rON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 license fee, the developer for the out-of-pocket expenses for that portion of the project. This Development Agreement is concise and detailed. The principal issue to be considered is parking. There was a provision of the Code for the CBD that dealt with parking. That provision was amended when the project was first approved. That provision spoke about the number of parking spaces required in the CBD. It originally provided for a 35% reduction to stimulate redevelopment in the area. Early on in the project, it was determined that the City might want to deal with public parking issues and shared parking agreements. The language was amended to provide that the developer could seek and obtain a 50% reduction provided the number of spaces they put in would be open to the public on a shared basis. It may not be necessary for the 50% reduction to be applied to this project. This project, as contemplated, is about 20 spaces short of reaching the 35% reduction. Originally, in the CBD provision of the Code, there is even greater flexibility provided in the Code. That provision provides that if the Commission has quantitative evidence, it can further reduce the number of spaces required on the property. Attorney Cherof advised that he and staff feel very comfortable with 95% of the language in the document. However, they would like further discussions with the applicant through his attorney to close out the remaining 5%. If the Commission decides to approve the request, Attorney Cherof requested that staff be given the flexibility of fine-tuning the language prior to the Mayor signing off on the document. David Layman, of Greenberg, Traurig Law Firm, Attorney for the applicantr thanked Attorney Cherof and Dale Sugerman for the attention given to this project. He said they have been very accessible and a great deal of progress was made. Hr. Layman introduced Edward Garcia, principal of Ocean Breeze Festival Park, [nc., Steve Baugh, Carmen Garcia, Bob Currie, the project architect and Holly Hughes, of Hughes Hall, [nc., Transportation Engineers and Planners. When the project was originally proposed, it contained a boat barn. City residents did not like that proposal and the developer was encouraged to replace the boat barn with residences. When the project was approved in February, parking was an issue and the Commission, sitting as the CRA, discussed providing $750,000 for parking spaces for the project. The City has now decided not to do that. The developer does not have a problem with that decision; however, the residential element needs reserved parking for the residents. The site plan that was approved in February provides a total of 505 parking spaces. The requirement calls for 7:[9 if the Code was met in full. However, the Code allows for a 50% reduction in parking spaces. The Code previously allowed a 35% reduction with no parking open to the public. This project is above that requirement. The parking issue arose because Two Georges Restaurant and the dive shop do not have on- site parking. They are currently using parking on Casa Loma Boulevard. The project involves remodeling of Casa Loma Boulevard and the parking will be improved and safer. The Code allows the Commission to reduce the number of parking spaces if it is deemed appropriate. The applicant is requesting approval of the site plan as it was approved in February without change. That would allow public parking on the surface parking and the first floor of the garage. That ]5 MEET'J:NG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOR2DA AUGUST 3~ 1999 would allow 207 public parking spaces. The remainder of the spaces would be reserved for the residents. In addition, the project included an extension of Boynton Beach Boulevard. The developer has always been willing to pay the cost of the improvements on Boynton Beach Boulevard over and above the $75,000 the City will pay. It has been determined that there is an issue about ownership. The developer will cooperate with the City and be willing to convey I~roperty rights to the City. If the City obtains title to that area within a year, the developer will make the improvements and pay the costs above $75,000 as discussed. The developer is also willing to pay up to $10,000 for acquisition costs, if necessary. However, if the City is unable to obtain the property within the year, the developer does not want the project held up. There has been discussion about security for the incentives the City agreed to provide. Staff stated the security, in the form of a mortgage, Letter of Credit or performance bond be at 100% of the incentives and only be released when the entire project is completed. The infrastructure for the project is required to be complete in conjunction with Phase I. The applicant requested that 75% of the security be released at the completion of Phase T with 25% being held until the remainder of the project is completed. With respect to language changes, the applicant requested that the Commission give the City Attorney authority to clean up the language of the agreement. Attorney Cherof recommended that the Commission allow Molly Hughes an opportunity to provide parking information. Molly Hughes introduced herself as the Traffic Consultant for City Place in West Palm Beach. She has done the traffic analyses for almost all of the commercial business in the downtown area of Boca Raton and completed a five-year traffic study for the downtown Fort Lauderdale area. Ms. Hughes was asked to assess the real parking need for this developer. Based on the knowledge that a determination of the need was made, the plan was developed, iVls. Hughes said it has become common knowledge over the last 10 years that it is not necessary to pave over every area to provide maximum parking for the maximum day of the year in order to accommodate needs. A shared parking analysis for this mixed-use site was prepared. That was accomplished by considering each of the uses including the dive shop, the restaurants and the apartments. This is accomplished by finding the peak for peak use and the overall peak requirement. When all uses were considered together, they arrived at the peak day being Saturday between 6:00 p.m. and 7:00 p.m. The developer could not meet that need by only 27 spaces. What this means is that except for a couple of Saturday evenings throughout the year, there would be enough parking for all of the uses all of the time. It is normal practice for traffic engineers to design parking so that it meets most of the need most of the time. Therefore, the developer is able to meet all of the demand less 27 spaces at the peak. Mr. Layman clarified that this parking scenario included the marina project, Two Georges, the dive shop and the dive boats. The marina project would only require 175 parking spaces. However, the project is providing 207 for the non-residential uses. Ms. Hughes explained that MEE'I'ZNG MI'NUTES REGULAR CTTY COMM'rSSTON BOYNTON BEACH, FLOR.TDA AUGUST 3, 1999 the project itself more than satisfies its demand. Mr. Layman and Ms. Hughes agreed that on an above-average basis, there is more than sufficient parking available for all of the uses. Commissioner Weiland pointed out that of the 207 parking spaces, 59 would be in the parking garage. That parking garage is not scheduled to be built until Phase :[I of the project. Ms. Hughes advised that the surface area could be prepared so that the spaces could be available before the structure is built. Vice Mayor Tillman inquired about the Code requirements for parking in this project. Attorney Cherof advised that the figure is 719 reduced by 50% (360) if the spaces were to be shared. However, there is language in that Code section that allows the Commission to reduce that requirement. Commissioner Denahan questioned how the traffic expert could say we only need 200 spaces when the Code requires 7:L9 spaces. Ms. Hughes explained that the Code is a very reliable source when calculating single uses. Those are not the calculations that are used for mixed uses. Commissioner Denahan was of the opinion that there wouldn't be parking available for the apartment residents because people patronizing the other uses would be parking in their spaces. Vice Mayor Tillman expressed the same concern and pointed out that there would be a problem when everybody is moving in the same direction at the same time. He did not believe 207 spaces would be sufficient. Mr. Layman said the Code requires 360 spaces. The developer is providing 505 spaces. The 207 spaces are for the retail, restaurant and office space. Mayor Broening asked how this parking would compare to Mizner Park or Riverwalk. Ms. Hughes said that in City Place and Mizner Park, the same types of parking methodologies were used to develop the appropriate amount of parking. These methodologies were developed based on field studies. Commissioner Weiland confirmed that the developer intends to build 505 parking spaces of which 207 would be public spaces. There will be 298 spaces that would be private spaces for the 229 apartment units. He pointed out that this calculates out to less than 1.5 parking spaces per unit and questioned how the parking would be accommodated if the apartment dwellers had two cars per unit and guests visiting. Ms. Hughes advised that during the peak, there would be 1.3 spaces. During the remaining periods, there would be more than 1.3 spaces because the apartments could use the residual spaces from the other uses in the area. Ms. Hughes advised that after studying hi-rise dwelling situations, a determination was made that in most cases, 100% of the people were not home at the same time until :L1:30 p.m. That demand remains in effect until 6:00 a.m. Commissioner Weiland feels it would be very difficult to sell apartments with only one parking space. Ms. Hughes felt the developer could address the sales issue regarding the availability of MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 3, 1999 parking. There are many hi-rise complexes that reserve only one space. Any other spaces come from residual spaces in the garage. The standard in hi-rises is one space. Vice Mayor Tillman felt it was ridiculous not to assume that most people have two cars. He can envision fistfights breaking out over parking spaces. Mayor Pro Tem Sherman feels there is not enough parking and asked why the Commission is being asked to accept a reduced amount of parking. Mr. Layman advised that Mr. Garda has several million dollars invested in this project. The Code only requires 360 spaces. This project could be built with 360 spaces without any variances. The project is providing 505 spaces. The previous Code said the requirement could be reduced by 35% with no public parking provided. The developer is proposing to provide 207 public spaces. The Commission approved the site plan and the developer is requesting that the approved site plan be accepted. The developer believes this project will work. Parking requirements in downtown areas are not the same as those in the suburbs. Attorney Cherof advised that a great deal of consideration was given to the numbers. This is the first redevelopment project in the downtown. Staff is aware that there are other parking problems to be resolved in the future. As each project comes on line, there will be new opportunities to resolve some of the parking issues. There is a broader solution that the administration wishes to take to resolve the parking in this district. This may not be a perfect solution to the parking problem, but it is a good solution to resolving the problems with this project and moving it forward. Mr. Hawkins advised that staff is working on a downtown parking study to provide an overall solution. Mr. Rumpf explained that the study is running approximately two months behind schedule. That parking study will be based on the same methodologies explained by Ms. Hughes. Commissioner Weiland questioned whether the people who rent boat slip space will be assigned a parking space. Mr. Layman advised that parking for the boat slips was included in the 207 non-residential parking figure. Mayor Broening asked if other communities have incorporated timed parking with meters as a parking control measure. Ms. Hughes advised that it has been a custom in downtowns to have some very nearby short-term parking that does not allow parking for more than one hour. It would be possible to meter the public parking to raise funds for additional parking elsewhere. It would also be possible to put time restraints on parking without metering, This would discourage residential parking in those areas. Mr. Layman said most of the apartments would be one-bedroom units and it is anticipated that most of the people would be single. Mayor Pro Tem Sherman reiterated that the Commission is being asked to reduce the parking for this project by 72%. Ms. Hughes clarified that the developer is providing 505 spaces on- site. Vice Mayor -I~llman pointed out that 360 of those spaces should be public parking spaces. MEETTNG M:[NUTES REGULAR CTTY COMM:[SS:[ON BOYNTON BEACH, FLOI~TDA AUGUST 3, 1999 The developer is requesting reducing that number to 207. Ms. Hughes tried to explain that the uses that will utilize those 207 spaces do not require the 719 spaces required by Code. Dale Sugerman, Assistant City Manager, clarified that according to Code, this mixed-use project has an obligation to provide 719 parking spaces. Staff investigated to see if there was any opportunity for reductions of that amount. There is a provision in the Code that allows a developer to reduce that Code requirement by 50% in the CBD; however, that 50% reduction must be for shared parking. In reviewing the site plan, it is obvious that they are building 505 spaces. Staff has taken a position that 360 of the 505 spaces must be shared parking spaces. That would leave 145 private spaces. That is not enough for the residential component. The developer wants 298 of the 505 spaces to be reserved for private parking for the residents. That leaves 207 spaces for public parking. The previous Code allowed a 35% reduction. Using that figure, the developer's obligation would be 467 spaces. Mr. Sugerman advised that of the 505, the City is providing 59 spaces located on Casa Loma Boulevard. Tf those 59 spaces are subtracted from the 505 spaces, the difference is 446 spaces. That leaves the developer short 21 spaces. Mr. Sugerman advised that he recently visited the Oasis Entertainment Complex at Sawgrass Mills. There is no parking on the site. The parking is associated with the mall parking lot. Tn order to get to the entertainment complex, one must walk. While Mr. Sugerman does not believe 207 spaces are enough, it would not stop him from walking to this marina complex. He feels the City must provide a broader parking solution somewhere close to downtown. Mr. Sugerman said he pressed the developer to give us as much parking as possible. Mayor Broening pointed out that a parking problem is a sign of success. He feels it is important for the Commission to decide whether or not it wants to move ahead or be regressive. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING, Herb Suss supports this development but expressed concern about the shortage of parking. Shirley 3askiewicz, 1917 SW 13th Avenue, supports this development and wishes there was a parking problem in our downtown. She pointed out that the Mall parking lot never reaches full capacity even on Christmas Eve. There are many areas in the surrounding area that could be used for public parking in the future. She reminded everyone that this is a project the residents have been waiting for. She encouraged the Commission not to penalize this developer because the City has allowed non-conforming uses to use Casa Loma Boulevard as their parking lot. Ken DeRousse felt Vice Mayor Tillman's remarks about parking were 100% correct, Mr. DeRousse believes young apartment dwellers will have two cars. Retired people may not have two cars. He urged the Commission to approach this parking situation realistically. Marry Perry, Attorney representinq DSS Manaqement Tnc., and DSS Properties, said he and his clients have looked at the plans that are on file. The plans still contain the same cul- de-sac problems and the same problems for the area east of the cul-de-sac. A great deal of 19 MEETI'NG MI'NUTES REGULAR CTTY COMM?SSI'ON BOYNTON BEACH, FLOR,I~DA AUGUST 3, 1999 time was spent trying to reach an accommodation regarding that area. There may be an intention for the developer to make the changes, but no modification to the design of the street and cul-de-sac appears on the record. If these modifications are not made, there will be a significant adverse impact on Two Georges restaurant. This issue was one of the reasons why all of the players were asked to work together to resolve the issues. Those issues were resolved, but the situation has regressed to where everyone was in February. Mr. Perry expressed his opposition to the site plan as it presently exists. Mr. Perry also advised that there were drainage issues, and he is unaware if those issues were addressed by revised plans. In addition, there is a provision for a sidewalk on the south side of Casa Loma Boulevard as part of the construction of the street. However, the plans provide that the sidewalk is to be done "by others". There is parking on the south side of the newly constructed Casa Loma Boulevard. There is a retaining wall with an aluminum rail or fence and the sidewalk. Mr. Perry inquired: Who would be building the sidewalk? Will it be part of the project? How will people get from their cars over the retaining wall? Although these may be details that will be addressed by staff, they are not provided for in the Conditions of Approval. Mr. Perry also referred to the License Agreement with respect to the Casa Loma Overlook. The current site plan does not show changes to that area. In addition, there is a safety issue involved because emergency vehicles cannot get to the eastern end of Casa Loma Boulevard under the current design. Mr. Perry felt it was unfortunate that the parking agreement that was worked out fell apart when the City decided not to contribute the $750,000. That funding would have provided the additional parking spaces that staff was requiring. Mr. Perry reminded the Commissioners that when he came before the Commission in February, he suggested that one of the ways of repaying the funds to the City was to provide for metered parking. Using conservative estimates, Mr. Perry showed that within a period of approximately six to seven years, the $750,000 could be paid back. That option was eliminated but the potential parking problem still exists. Mr. Perry reported that one week ago on Sunday, there were 84 cars parked along Casa Loma Boulevard. There are only two businesses operating on that street at the present time. Two Georges Restaurant is open seven days a week and .lanet Hall runs boats out of this area seven days a week. There are fishing boats that go out at night as well as the dive boats. The parking demand for those uses will continue. There will be 207 spaces to deal with these two existing businesses as well as all new uses. Mr. Perry does not believe this parking situation can work unless there is no assigned parking. If the City goes forward with an overall parking solution, the problem may be solved. However, for the near-term future, there will be a problem. 2O MEETTNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 Mr. Perry referred to Mr. Layman's statement about why the developer should have to worry about the existing uses. Mr. Perry reminded everyone that the City is giving the developer $770,000 to build this project. :In addition, the developer is using spaces that the City is providing. Mr. Perry and his client want the project to go through and work for everybody. Two Georges is an existing business with property rights. Although Two Georges and .lanet Hall do not have existing parking, they have existed for years because it was a neglected area. This new developer has torn down everything that was on the property. When that happens, a developer must meet new Codes. The City is making accommodations to this new developer in an effort to redevelop the area. It is okay to do that, but it must work for everybody. Mr. Perry said he wishes the new developer well, but not at his client's expense. Tf the parking problem is not dealt with, the existing businesses will be hurt. Mr. Sugerman agreed with Mr. Perry's remarks. There are still some serious problems with this project other than parking. There are issues of drainage, access, sidewalk, right-of-way and there are 67 staff comments associated with the Revised Development Agreement. Mr. Garcia cannot pick up any permits until those conditions of approval are met. Attorney Cherof explained that the Casa Loma Overlook is addressed and the drawing prepared by Mr. Currie to deal with the area east of the cul-de-sac was prepared following comments made by Two Georges regarding access to the area for additional outdoor seating, tables and service. The licensing agreement that is contemplated was also drawn for the purpose of ensuring that the Two Georges restaurant has the right to 50% of that expanded public use area. There is a drawing referenced in the revised agreement. Sunny GarcJa, Vice President of Rollinq Green, urged the Commissioners to support this project. He said he must park at the Library when he attends City Commission meetings because of the shortage of parking at City Hall. Commissioner Weiland referred to the temporary parking lot. There is a drainage issue involved on the temporary parking lot as well as temporary lighting and the bumper stops. Commissioner Weiland was under the impression that the developer would like to provide only a piece land for parking. Commissioner Weiland felt it was important for the developer to provide temporary lighting, parking space bumpers and make sure it is graded properly to ensure proper drainage. Attorney Cherof said this issue has been discussed. The language of the revised agreement requires drainage, temporary lighting and marking of the temporary areas. However, as construction progresses, the parking areas will be moved to accommodate the structure. The agreement requires the temporary use and temporary improvements to be reviewed by the City Engineer for safety reasons. There is no disagreement with the developer on this issue. Robert Currie, Architect for the project, said a plan was developed for the Overlook portion of the Two Georges site. The developer agrees with Two Georges and modified the plan accordingly. That plan was not presented to the Commission because the developer was told to go back to the original site plan that was approved by the Commission. Once that original site plan is approved, Mr. Currie will deal with the issues that were referenced by Mr. Sugerman. 2] MEETI'NG MI'NUTES REGULAR CTTY COMMzSSI'ON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 The developer has no problem with their agreement with Two Georges and believes it is a better solution. The sidewalk is not on the developer's property. When the original site plan was approved, the Commission agreed that the developer did not have to put a sidewalk on someone else's property. With respect to parking, Ms. Hughes is a scientist with no vested interest in making money on this development. This is a mathematical calculation. Those are the numbers that were provided. Mr. Currie advised that part of the 59 spaces Mr. Sugerman referred to are on the developer's property. Mr. Garcia is paying for all of that construction. There are 207 shared parking spaces for the use of Two Georges, .lanet Hall and the commercial ventures of the marina development. The 298 spaces will satisfy the parking for the apartments. Mr. Currie explained that in Delray Beach, a decision was made not to include parking. Delray Beach is now working on a solution to their parking problem. IVlr. Currie suggested that the City of Boynton Beach do the same thing. Eddie Garcia, President of Ocean Breeze Festival Park, ]:nc., said he was surprised by some of the comments he heard this evening. He explained that he purchased this property 10 years ago with the intention of developing it and revitalizing this area. He has been through four different Commissions and has worked very hard to satisfy the City and the citizens of the community. He pointed out that he has provided the existing businesses with parking that is free of charge for all of these years. Hr. Garcia acknowledged that parking is a problem; however, this is not a perfect project. He urged the Commissioners to support this project to help revitalize the area and generate new business downtown. Mr. Garcia reminded the Commissioners that he never asked the City for any additional money to provide parking spaces. He said. he is having a difficult time with this current situation. He Was never told the original Development Agreement was not in effect. He asked the Commission for assistance in moving this project forward. Mr. Garcia said he has already invested more than $1 million in this project and began construction of the sea wall. Tf there is not enough parking for the apartment building, he will be the person who will be impacted because he would not be able to rent the apartments. Tf the restaurants do not have adequate parking, the restaurant operators will be impacted. Mr. Garcia anticipates that after this project is built, a parking solution will be found. Mr. Garcia requested that the Commission ratify the old plan that was approved in February. [f the Commission cannot approve that plan, then he requested that he be allowed to return to the former 35% parking requirement for the downtown. MAYOR BROENXNG DECI. ARED A BR~TEF RECESS AT R£CONVENED A T 9:45 P. THE MEET~'NG Mr. Layman approached the podium to remind the Commissioners that the City wanted a residential use in this project. The City also offered $750,000 that is no longer available. There must be adequate parking for the residential and the developer feels this plan provides that parking in the garage. This project is ready to go forward. He urged the Commission to approve the project. Attorney Cherof advised that there are four subcomponents of the approval. They are: 22 MEETTNG MI'NUTES REGULAR CTTY COMMTSS?ON BOYNTON BEACH,, FLOR.TDA AUGUST 3, 1999 1. The reduction of the incentive lien that the City has on the property. The issuance of Certificates of Occupancy at certain levels of development. (This relates to the docks and fuel pumps, and the residential structure (floor-by-floor and the restaurant and retail.) The Boynton Beach Extension -There are some issues regarding ownership of the areas that would become the right-of-way into the north side of the property. 4, Parking Mr. Sugerman added two items to this list. They are: 5. A one-year extension on the back end of the construction. A License Agreement for the eastern end of Casa Loma Boulevard split one half to the southern property owner and one half to the northern property owner. When Commissioner Weiland asked for a timeframe on the License Agreement, Attorney Cherof advised that the language in the Agreement allows 30 days from notification for acceptance of the license. Vice Mayor Tillman asked for clarification of the one-year extension of construction, iVlr. Sugerman advised that the request is for one additional year of construction time added to the back end of the project for the Phase T! construction. This would be for the residential component of the project. The completion date of the project would go from 2002 to 2003. Attorney Cherof began the review of the six components: Originally there was a reduction of the City's lien over time in thirds in the original Developer's Agreement. Staff evolved that to a request to hold 100% of the lien until completion of the project. The developer feels that the Casa Loma Boulevard improvements, the first shell structures, the infrastructure (drainage and sewer lines) are "real live" improvements. When they are completed, that portion of the obligation should be released. Staff determined that 75% of the $770,000 would be released after completion of Phase T and the infrastructure. Twenty-five percent of the incentives would be reserved until there is 100% completion of the project. Attorney Cherof is of the opinion that this would be adequate security for the City to ensure the full development of this project as contemplated. 23 MEETING MINUTES REGULAR CTTY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 3, 1999 Attorney Cherof confirmed for Commissioner Denahan that if the project is not completed by January 2003, the 25% of the incentives is subject to forfeiture. Consensus There was consensus of the Commission to move forward with the recommendation outlined by Attorney Cherof. Phasing of issuance of Certificates of Occupancy - Attorney Cherof said there are docks and fuel pumps at the eastern end of Casa Loma Boulevard. The developer would like to obtain the right to use those Certificates of Occupancy when they have completed the infrastructure that is necessary to properly service that area from a safety point of view. The road would be completed so that emergency access is available and there would be adequate lines in place for fire hydrants. With respect to the residential structure, the developer would like to receive COs on a floor-by-floor basis provided all other inspections are complete. This would include all health, safety and welfare types of inspections. They would like to have the COs for the restaurant and retail when they are complete. Attorney Cherof recommended including language that says there is adequate infrastructure to deal with safety concerns. Mr. Sugerman advised that the City is asking for complete "backbone" infrastructure in all three cases. Attorney Cherof confirmed for Vice Mayor Tillman that the project would be stopped if the developer does not meet any one of the conditions and no Certificates of Occupancy would be issued if it relates to a permit issue. Mr. Sugerman added that there is language in the document that says that if any other governmental agency withholds a permit, the applicant/developer is eligible to come back and advise the City of that situation and request additional time. This does not mean the City has to grant that additional time. Attorney Cherof said the delays are built into the time periods for construction. Only an extraordinary occurrence would permit the developer to request additional time. Consensus There was consensus of the Commission on the Certificate of Occupancy issue. Boynton Beach Extension - Originally, the City committed $75,000 for the cost of extending Boynton Beach Boulevard to the western-most property line of this project. The City did not contemplate that we would have to expend money to acquire right-of-way in this area because we thought we owned it. There may be some doubt as to the ownership of the right- of-way in this area. It may take some time to resolve this issue and there may be a parcel owned by the County and possibly a small parcel owned 24 MEETI'NG MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH, FLORZDA AUGUST 3, 1999 by a private property owner. Mr. Garcia would like to see a cap on his expenditure with regard to this issue. The City was going to pay the first $75,000 to extend it. This was for construction. Now the City must consider acquisition and construction. Hr. Garcia was going to pay the difference over and above $75,000. Mr. Garcia is still committed to spending some money, but would like a cap on his expenditure. Mr. Layman pointed out that the developer agreed to pay all construction costs over $75,000 and continues to agree to that commitment. However, if the end result is that the City does not own all of the required property, Mr. Garcia is willing to pay an additional $10,000 for that acquisition. Attorney Cherof advised that it could turn out that the City attempts to acquire the property and is not be able to do so. Even with the power of eminent domain, a court may not find that there is a public purpose for this taking. There is language in the Agreement that if after a year of attempting to acquire the property and we cannot do so, there is no condition of the site plan that there be access off the Boynton Beach Boulevard Extension through the north end of the property. A solution may be for the City to try to acquire the property and determine the cost. The City might then wish to spend more money because of thoughts about a Promenade. The City could then go back to Mr. Garcia with a deal and a price tag attached. Mr. Garcia could reserve the option to say no. Mr. Layman said that suggestion would be satisfactory to the developer as long as it would be removed as a requirement of the project if the developer did not want to go along with the deal. Mr. Sugerman pointed out that the northern access point is important because there is only one other access point into the project off Ocean Boulevard that is only two lanes in each direction. Tf that access is blocked, there would be no other access into the project. Staff has been mandating a northern access particularly for Police and Fire. ~[n response to Commissioner Denahan, Attorney Cherof advised that the Boynton Beach Promenade would be the solution to the problem. Tf the Promenade concept were abandoned, this would become a difficult access problem for the project. Mr. Sugerman added that if the Commission was of the mindset that the Boynton Beach Boulevard Promenade project would go forward within the next :[2 months, this would not be a problem. However, if the Commission is not of that mindset, it would be a problem. Commissioner Denahan inquired why we would spend $75,000 on a roadway when we are planning to tear up that roadway when we move forward with the Boynton Beach Promenade. Mr. Sugerman advised that the Boynton Beach Boulevard Promenade is one of the five Visions 20/20 plans, but it is not one of the five projects that the City Commission has funded. There are no specific plans at this time to do that project. 25 MEETZNG M]:NUTES REGULAR CTTy COMMTSS'rON BOYNTON BEACH, FLOR.I:DA AUGUST 3, 1999 Mr. Layman advised that Mr. Garcia would like confirmation that this would not hold up the immediate forward movement of his project. In response to Mayor Pro Zem Sherman, Attorney Cherof advised that the developer would be offered the right of first refusal to fund the construction. The failure to fund it would take this issue back to the City to either fund the shortfall or abandon the extension. Attorney Cherof said the language must be clarified to indicate that there are a number of sequential events, but the end result could be the elimination of that access point on the conditions of approval. Mr. Sugerman advised that this condition could be solved if there are no problems in acquiring the necessary right-of-way. The City may be able to solve this problem unless there is a private property owner who will block the City's ability to provide this access road. Vice Mayor Tillman recommended that staff review its options in terms of gaining access to that land. Steve Gale, Deputy Fire Chief and Fire Marshal, advised that one of the Fire Department's requirements on the 67 conditions was that access to the north side of the building (residential) is necessary. He feels it is premature to make a decision not to have access on that side of the project. The Fire Department will have a difficult time providing fire and medical protection for the apartments and sea wall. Commissioner Weiland questioned whether or not the City would have to provide the funding for this access if acquisition and construction could not be achieved within 12 months. Mr. Sugerman advised that the developer is willing to spend some additional dollars, but would like a cap on that dollar amount. Tf the City cannot provide that cap, the developer wants a release from that condition at the end of 12 months. Commissioner Weiland asked if the developer would be willing to negotiate that timeframe to 18 months rather than 12 months. Mr. Layman agreed that 18 months was agreeable to the developer; however, he would only agree to that condition as long as it does not stop the project from going forward. After :[8 months, the condition "goes away". Commissioner Denahan questioned when Phase I~ construction would begin since the road must be in place before that time to provide emergency access. Attorney Cherof advised that the issue involves the end of construction. The public safety revolves around when the building is completed and occupancy occurs. It is at that point that access is required. Commissioner Denahan expressed concern for the employees and workers during the construction. Attorney Cherof advised that the condition is usually tied to the Certificate of Occupancy. Following that explanation, Commissioner Denahan suggested that the road accessibility be tied to the COs. That would allow more than 18 months. Attorney Cherof advised that by allowing :[8 months, it would give the Commission the opportunity to address funding this issue during this fiscal year and next fiscal year. 26 MEETZNG MZNUTES REGULAR C1TY COMMZSSTON BOYNTON BEACH, FLOI~DA AUGUST 3, 1999 Consensus There was a consensus of the Commission on the 18-month extension. IVlr. Sugerman confirmed with Mr. Layman that the developer was still in agreement about the $10,000 offer for permitting. .. Extension to 2003 for full buildout Casa Loma License Agreement Commissioner Denahan inquired whether or not it would be possible for the City to include in the Agreement language that would release the City from any claims against the project should Two Georges accept this agreement. Mr. Sugerman and Attorney Cherof felt this was a great idea. However, Attorney Cherof felt it was an unreasonable requirement to ask an adjacent property owner to waive any potential causes of action they have. He is hopeful that when they look at what the City has done for them and the opportunity to use the extended area for their business purposes, that their thoughts of litigation would disappear. Attorney Cherof would rather offer the license and have them turn it down if they do not want it. IVlr. Sugerman said he would be happy to discuss Commissioner Denahan's suggestion with Two Georges. With respect to the extension, Commission Denahan asked why there was a need for an additional year. During Commissioner Denahan's review of the minutes, she saw specific concerns for specific deadlines. She asked if this request was realistic. Mr. Garcia said that because of the shared parking agreement, there were many delays. Tn addition there were problems obtaining the title to the property on Casa Loma Boulevard. This held up securing the permits. Mr. Garcia cannot meet any of the deadlines without a building permit. The additional year is required because the project has been delayed approximately one year. Commissioner Denahan advised that every time a request came before the Commission, they accepted and met every demand to help resolve the parking situation. Mr. Garcia said one of the problems is the extension of Boynton Beach Boulevard. Although the developer continued to change plans, they were unable to get a permit until that matter was resolved. That item has now been addressed and it will not delay the project. When Commissioner Denahan asked how long it would take to construct Phase ~[, Mr. Garcia responded that it would take approximately 18 months provided there is no delay in getting all of the permits. The shell will be up, the utilities will be completed and the parking will be in place. Phase :[! would probably take three years. :If the building permits can be secured, the construction will be concurrent. Commissioner Denahan questioned whether the burden of getting the permits falls on the City or the developer. Mr. Sugerman advised that according to the submittals on file in the Building 27 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA AUGUST 3, 1999 Division, the applicant/developer is entitled to pick up two shell permits; one is for a restaurant and one is for mixed use. The balance of the permits may not be picked up until he satisfies the conditions of approval. Mr. Layman said the 67 conditions of approval are changes to the site plan. Those changes are complete. When the approval occurred in February, everyone contemplated that the shared parking would be signed and the developer would move forward. Tt is now six to eight months later and the project has not moved forward. That is the reason for the request for extension on the back end. Mr. Sugerman has no doubt the developer will submit additional information to satisfy the 67 comments. Commissioner Denahan asked how many submittals have been turned in since February. Mr. Currie advised that since February, one of the things the Commission asked for was to work out a parking agreement. Four separate plans were prepared that took four to five months. The developer could not move forward until that issue was settled. Attorney Cherof advised that under the previous version of the agreement, the developer had until February of 2002 to complete the project. The last time the Commission addressed this issue was last February when the parking issue arose. Therefore, it is an 11-month extension they are requesting because they have already used up six months between February and this meeting. Mayor Pro Tem Sherman asked for clarification of a document he received today. Mr. Sugerman explained that the document received from Mr. Layman was his representation on behalf of his client as it affects the temporary language. The City does not like that language and does not accept it. We will work out the requirements for temporary parking with the developer that will include something along the lines of shellrock base, grading, possibly wheel stops and possibly lighting. The City will not hold the developer to the full standard of temporary parking because that parking may be moved around the site depending on construction. Mr. Layman agreed that Mr. Sugerman's suggestions would be fine with the developer. Consensus There was a consensus of the Commission on the one-year extension of Phase T! to 2003 and the License Agreement with Casa Loma north and south. Attorney Cherof said he would work out the language. 6. Parking Attorney Cherof said the language the developer is looking for in the Agreement and the Condition #57 is that the minimum number of parking spaces required for this development would be 505 spaces of which 207 would be open to the public. 28 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLOI~DA AUGUST 3~ 1999 Motion Commissioner Weiland moved that the minimum number of parking spaces would be 505 - 207 of which would be open and unreserved for public use. Commissioner Denahan seconded the motion that carried unanimously. Mr. Sugerman pointed out that the words "open and unreserved" would not prohibit the City from installing parking control devices such as parking meters or signage. Mayor Broening agreed that this would be something the City would have to look to in the future. Mr. Layman asked for clarification if this referred to the developer's parking lot. Mr. Sugerman said it would involve parking in public areas and in the developer's parking lot since they said they would be receptive to parking meters in the lot. Mr. Layman pointed out that Mr. Perry talked about parking meters in the lot. Mr. Sugerman said his remarks about metered parking would involve only the 59 spaces on Casa Loma Boulevard and the public spaces on Orange Drive. When Commissioner Weiland asked whether or not this would include the public spaces within the parking garage. Mr. Sugerman explained that no decision was being made. However, this was an effort to let the public know that the possibility of parking controls has not been eliminated. Mr. Layman feels this should be limited to the public rights-of-way parking. He does not believe it is necessary in the parking garage. There was agreement among the Commissioners on Mr. Layman's suggestion. In Commissioner Weiland's opinion, the City should be able to use parking controls for the 57 spaces that are available in the parking garage. Attorney Cherof advised that the City would expect the property owner to designate those spaces as public spaces. Mr. Sugerman confirmed that there are 207 public parking spaces. Eighty-one (81) spaces would be in Restaurant #1 parking lot, 59 spaces would be in the right-of-way on Casa Loma Boulevard and NE 6th Street, 10 spaces would be in the west access parking, and 57 would be on the first floor of the parking garage. Mr. Layman agreed with this count. Attorney Cherof said the City would be able to put meters on the public right-of-way that is Casa Loma Boulevard & NE 6th Street (referred to Orange Drive on occasion). We would not be able to meter spaces on property owned by Ocean Breeze. We may be able to reach an agreement with them on joint metered parking. Mr. Layman agreed to discuss it. Commissioner Denahan realizes that there will come a time in the future when parking will be a problem and we may have to consider meters to restrict the time people spend in each spot. Mr. Hawkins said there are different ways to approach parking solutions. On private property, we could use signage. 29 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORIDA AUGUST 3, 1999 Vice Mayor Tillman also reminded everyone that within the CRA, the Commissioners are the only parking authority. Motion Vice Mayor Tillman moved to approve the revised Development Agreement as amended and the conditions of approval. He further moved to authorize the City Attorney to dean up the language in the Agreement and it would be subject to the City Attorney's approval prior to the Mayor signing the Agreement. Commissioner Weiland seconded the motion that carried unanimously. TH£ CRA M£EFXNG AD. IOURN£D AND THE R£GUI. AR cz'rY COMM.~$$XON M£~TXNG R~CONV~N~D. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Recommendations regarding the development of an MBO (TABZ£ TO AUGUST3~° M££TZNG) Mr. Hawkins reminded the Commissioners that several meetings ago, Vice Mayor Tillman brought up the concept of Management by Objectives. The City of Boynton Beach is now implementing the Architecture for Excellence. When he looked at the definitions in the Architecture for Excellence, it became obvious that Management by Objectives is being incorporated. The Strategic Deployment Matrix shows the pattern for setting clear-cut goals, allows the Business Area Teams to develop their goals to meet Leadership Team goals and we are using a quarterly report to report the outcomes. Our method of doing business incorporates Management by Objectives. This issue will be discussed in more detail on September 7th when staff makes a presentation on the Architecture for Excellence. B. Discussion of letter from Quantum Community Development District Mr. Hawkins reported that there is an issue that developed regarding the high school site in Quantum Park. There is an opportunity for the City to participate in the overall solution to the concerns that have been raised between Quantum and The School Board. 3O MEETTNG MZNUTES REGULAR CTTY COMMtSS]:ON BOYNTON BEACHf FLORZDA AUGUST 3f 1999 One of the solutions being offered is the maintenance of Gateway Boulevard between ~[-95 and Congress Avenue. The maintenance includes landscaping, roadway lighting and drainage. Irrigation is already in place. The City will be maintaining Gateway Boulevard from Seacrest Boulevard to Federal Highway. We are in the process of looking at how that maintenance will be accomplished. Therefore, it is a rational solution for the City to take over maintenance of that roadway. It would fit into the planning that is ongoing for the overall Gateway Boulevard corridor. Staff feels we could incorporate that maintenance into our overall planning by looking at either contracting the maintenance out or handling it in-house. With regard to the issue of Police patrols in Quantum Park, Mr. Hawkins advised that the City is looking at this as a planning business scenario. As the park continues to grow and we look at Police response, we must look at how we geographically zone the Police patrols. We would normally look at Quantum Park as a potentially independent zone. At the present time, it is incorporated in an existing zone where an officer is assigned. As the Park builds out, it makes more sense to look at it as an individual zone. Mr. Hawkins does not believe this is an unreasonable request. Both requests are issues the City would be dealing with anyway. IVlr. Hawkins requested that the Commission agree to the concept staff presented. The School Board and Quantum Park may come back with formal adoption of these solutions at a later date. When Commissioner Denahan questioned whether or not fiscal impacts were prepared, Hr. Hawkins advised that staff has some preliminary projections. With respect to maintenance costs, the City might be able to do the maintenance on Gateway for less money than what is currently being spent by Quantum. Quantum provided a maintenance figure of approximately $52,000. We are looking at being able to do that maintenance for $10,000 to $12,000 less. One of the things we need to look at more closely is lighting. Commissioner Denahan asked if there were any other solutions other than the City taking over these costs. Mr. Hawkins said these were the only solutions we could consider reasonable. Commissioner Denahan does not want to impede progress of this high school. She pointed out that there is preserve property in Quantum Park. She questioned whether that land could change hands and become City-owned property and add to our tax base. Mr. Hawkins advised that the City already owns 15 acres of property in the Park that is slated for park development. Mr. Wildner added that Quantum Park owns the preserve. If we took over that preserve, we would have to maintain it. With respect to maintenance of the medians, if we go to contractors, there would be increases on a yearly basis. If the project is handled in-house, we would need additional personnel. At present, we have provisions in our landscape contracts that would allow us to add on the new portion of Gateway Boulevard. Consensus There was a consensus of the Commission to accept the concept that was presented. 3! MEETING M?NUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOR/DA AUGUST 3f 1999 Consider Chamber of Commerce request to postpone joint workshop on Monday, August 9, 1999 Commissioner Weiland reminded the Commissioners that there was agreement a few meetings ago that a majority vote would be required to cancel a meeting. This joint workshop meeting was cancelled without a vote of the Commission and he wanted to know how that happened. Mr. Hawkins apologized for canceling the meeting. He said it was an oversight on his part and it would not happen again. When Commissioner Denahan asked for clarification of the two items the Chamber took action on and what they are waiting for a response from the City on. Mr. Hawkins advised that one issue dealt with the formation of a committee to address the City's image. The second issue dealt with the creation of a community cultural council to investigate the possibility of G.A.L.A, becoming a private endeavor. IVlr. Hawkins explained that he was told there has been some movement on both issues. Since he had only cursory information, he offered to provide an update at the next meeting. D. Donation to Post 164 Baseball Team Mayor Pro Tem Sherman requested that the Commission consider a donation to this team. Bob Borovyf Post 164, advised that the team was established in 1984, The members of the team range in age from 14 to 19 and are selected from neighborhood schools. More than 130 players have gone through this program and 127 of them were awarded college scholarships. Funding for the team comes from many sources and sponsorships. It costs $8,000 to $10,000 to put the team on the field. This figure includes $1,100 for balls, $300 for shirts, $350 for hats, $450 for other equipment. The cost of umpires is approximately $1,300 per year. This cost is partially offset through a $3 donation at the games and profits from the concession stand. This year the team will travel to Deland for the State tournament. The cost of the trip will be approximately $3,500. Post 164 is contributing $1,500. Mr. Borovy requested that the Commission contribute $2,000 to cover the remaining expenses. Motion Mayor Pro Tern Sherman moved to wish this fine baseball team that is going to Deland tomorrow to play in the State tournament success and give the sum of $2,000. Vice Mayor Tillman seconded the motion that carried unanimously. XT. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-21 Re: Amending Chapter 26, Water, Sewers, and City Utilities, Article IV., by deleting Division 4. 32 MEET'rNG MI'NUTES REGULAR C'rTY COMMI'SS'rON BOYNTON BEACH, FLORIDA AUGUST 3, 1999 Industrial and Commercial Waste. in its entirety, reserving Sections 178- 204, and creating a new Division 4. Industrial and Commercial Waste to comply with Wastewater Facility (WWF) Standards as well as any other Federal or State laws Attorney Cherof read Proposed Ordinance No. O99-21 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-21 on second and final reading. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 099-22 Re: Amending Ordinance No. O91-74 to provide that student members of the Education Advisory Board shall enjoy the right to vote, same right that regular voting student members of the Children and Youth Advisory Board currently enjoy Attorney Cherof read Proposed Ordinance No. 099-22 by title only. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-22 on first reading. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. XII. XIII. C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None OTHER: None 33 MEETTNG M'rNUTES REGULAR CTTY COMMISSTON BOYNTON BEACH~ FLOI:LtDA AUGUST 3, 1999 X[V. AD.IOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 11:00 p.m. CITY OF BOYNTON BEACH Al-I-EST: lerk / t ~' ~D,~puty City Clerk ~'~Five Tapes) M a~/"b'~P ro Tem Commissioner 34 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Day Care Centerin R-l-AA Residential zoning district. APPLICANT'S AGENT: Scott and Catherine Freeland APPLICANT'S ADDRESS: 4470 Gleneagles Drive Boynton Beach, FL 33436 DATE OF CITY COMMISSION RATIFICATION: August 3, 1999 TYPE OF RELIEF SOUGHT: Code Review LOCATION OF PROPERTY: N/A DRAWING(S): 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 X 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. DATED: All further development on the property shall be made in accordance with the, te~FDs and conditions of this order. City Clerk EXHIBIT "D" Conditions of Approval Project name: Daycare Centers in residential File number: CDRV 99-002 Reference: Letter of request from Scott/Catherine Freeland with a June 22, 1999 Planning and Zoning Division date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS COmments: None X UTILITIES Comments: None X FIRE cOmments: None X POLICE C~mments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION COmments: None X PARKS AND RECREATION Comments: None X FO~STER/ENVIRONMENTALI ST Comments: None X PLANNING AND ZON1NG Comments: 1. Amend Article 2, Section 5, to allow commercial day care uses within X the R-l-AAA, R-1-AAB, R-1AA-, R-1-A and R-1 as conditional uses. 2. Minimum site size shall be one-half (0.5) acre. X Da.o ~ Centers in residential CDRV 99-002 Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. Building design shall be consistent with surrounding residential styles. X 4. Daycare uses, excluding those located within PUDs, shall be allowed X within all zoning districts limited principally to single family homes, if located along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: state arterials, county arterials, and county collectors. 5. A minimum separation requirement between commercial daycare X business shall be 2,000 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such a church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. 6. Similar buffer (wall) regulations for commercial uses that abut X residential zoning districts should apply, and distances between outdoor play areas and adjacent single family homes shall be maximized. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 7. None. X ADDITIONAL CITY COMMISSION CONDITIONS 8. '~- .... ~ ~ ._..--- g/r~' l~ \COND. OF APPR.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~. - CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Code Review APPLICANT'S AGENT: Woody Fdese, Friese Design Group, Inc. APPLICANT'S ADDRESS: 1447 N. E. 4"' Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: Change maximum height of residential structure LOCATION OF PROPERTY: N/A DRAWING(S): SEE EXHIBIT "D' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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, Flodda on the date of headng 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 x 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 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. .,,,~u~um~,._.,,/, Other .? c;< .~%,~;;..-~ ~ d/ ~' City Clerk -'"-- J:.~.~HRI)ATA~I~WI~:~ROJECl'~-",~:N~)LPHIN RE~FAUR,Nq'I'~ Order CC EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Code Review for maximum height in single-family zoning districts File number: CDRV #99-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 I [ Comments:None Ix I FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZON1NG Comments: 1. Amend the Land Development Regulations Article 2. Zoning, Section X 5, Items "A" through "E" (e.g. R-l-AAA, R-1-AAB, R-l-AA, R-1-A and R-l) to change the maximum building height of a single family home from 25 feet to 30 feet. 2. Amend the Land Development Regulations Article 2. Zoning, Section 5, X Item "F" (R-2 Zoning District) to change the maximum building height of a single family home from 25 feet to 30 feet. Page 2 File Name: Code Review File No.: CDRV 99-001 DEPARTMENTS INCLUDE REJECT 3. Amend Chapter 2, Section 4.F. Height Limitations and Exceptions, to X include a paragraph/provision allowing single family homes to be constructed to 35 feet if the criteria used for judging height exceptions (Items "a' through "f"), and the addition of a criteria indicating that no setback variances are requested in conjunction with the project, are satisfied. 4. Amend the code to eliminate any inconsistencies in describing the measurement of building height, and to require that height be X measured from the minimum fmished floor as required by the building code, or that prevailing minimum elevation established by F.E.M.A. and other agencies such as the South Florida Water Management District. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 5. Delete comment #3. X ADDITIONAL CITY COMMISSION BOARD COMMENTS 6. J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Height-Code Review\Conditions of approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wal-kMart APPLICANT'S AGENT: Kevin M. Roberson P.E., Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Corner of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C" 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 MA'I-I'ER 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 X 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 "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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. Other ~,,,_o~ N rug DATED: ~.~~ ~, //f;~ ~~_~~~/_~. ~ r/ ~ City Clerk J:~SHRDATA~Planning~SHARED\WP,~PROJECTS\Wal Mart~NSP~)evelop Order CC 7-6-99.doc EXHIBIT "E" CONDITIONS OF APPROVAL Project name: WAL MART File number: NWSP 99-003 Reference: Final New Site Plan. Planning and Zoning date stumped 6-1-99 File # NWSP 99-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping drawings X 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. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. At the three driveway entrances, show the sidewalk thru the driveway and X specify that the existing sidewalks will be removed and replaced with new sidewalk a minimum of 6" thick. Also, show the stop bars and signs 4' back of said sidewalk. [LDR chapter 23, Article II.P.] BUILDING DIVISION Comments: 3. Add to the site plan a labeled symbol that represents and shows the location X Page 2 of 4 File Name Wal-Mart Supercenter File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT of the accessible route that is required between the accessible parking space and the accessible entrance door to the tire and lube area. Please note that at time of permit review the applicant shall provide detailed data on the plans that will verify that the path of the accessible route is in compliance with the regulations of the Florida Accessibility Code for Building Construction. 3. Verify that the crown of road elevations listed within the Site Data are X accurate by including on the site plan elevations of the crown of road at Old Boynton Road and Winchester Park Boulevard. Where applicable, amend the plans to show and specify that the elevation of the finish floor is six inches or more above the crown of the road of the abutting right(s)-of-way. Identify within the Site Data the panel number of the FEMA map that reflected the project is located in a B flood zone. At time of permit, submit a copy of the South Florida Water Management District permit for the project. 4. At time of permit, submit detailed dimensioned drawings of the wall signage. X The total area of all wall signs shall comply with the regulations specified in the Sign Code. 5. Add, to the submittal, detailed dimensioned drawings of the monument sign X located on sheet 2 at the north entrance to the project. The size and design of the sign shall comply with the regulations specified in the Sign Code. Also, add dimensions to sheet 2 that depict the location of the monument sign from the north property line. The Sign Code specifies the minimum sign setback from all property lines shall not be less than ten (10) feet. Amend the plans accordingly. 6. At time of permit review, submit an executed and recorded Unity of Title that X combines all lots and parcels to match the way the property is depicted on the submitted site plan, The unity of title shall not prohibit the land from being subdivided to sell off outparcel sitos. Subdivision of land shall comply with the applicable city regulations. 7. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and State fees will be determined at time of permit review. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 118. Existing Tree Schedule: X The existing tree schedule lists Magnolia trees to be removed from the site. r Page 3 of 4 · File Name Wal-Mart Supercenter File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT These trees (if accurate) are native trees and efforts should be made by the applicant to preserve, or relocate these trees on the site. Staff will field verify that the large quantity of trees (75) are indeed Magnolia trees. 9. The following numbered trees; 12, 13, 14, 15, 24, 44, 94, 97, 98, 99, 103, X 104, 105, 106, 108 & 112 should also be evaluated by the applicant to be preserved or relocated on the site if the trees are more clearly identified, and are native trees. (i.e. Oak) 10. Lake Planting Plan X The littoral shelf should be contiguous with the wetland planting zone to encompass 50% of the lake perimeter. 11. An irrigation system should be designed for the lake plantings. X PLANNING AND ZONING Comments: 12. Provide a detail drawing of the following items including dimensions, X materials and colors: Typical trash compactor and required screen wall (Ch.9 Sec. 10 Par. C.3) -Typical parking and handicapped spaces (City drawing #B-90012).The shortest side of all angled parking spaces to be dimensioned at 18'. City Drawing #B-90013 13. Architectural design guidelines shall be required for site plan approval to X ensure internal compatibility and compatibility between future development of out parcels and the adjacent Boynton Commons PCD. Ch.9 Sec. 11 Par. A-D. As part of the guidelines, staff recommends a continuous score- line with diamond shaped markings and other decorative details, such as: decorative columns, tiles, architectural form and should discourage extreme color contrasts beyond the main entrances and signage. 14. Label all bay doors. Bay doors may not face selected roadways. Ch.9 X Sec. 11 Par. J. 1. An appeal must be submitted and obtained for approval to locate the bay doors facing both Knuth Rd. and Winchester Blvd. 15. The subject parcel still includes the entire property. If and when the parcel is X to be subdivided, the development of an out parcel will require a site plan modification. 16. Project buffer walls shall be CBS and designed similar to the buffer wall at X the adjacent shopping center to the east and painted to match the principle color of Wal-Mart (add notes on site plan to document same). 17. Limit blue stripe and blue color (including the wall sign)to main entrances X Page 4 of 4 File Name Wal-Mart Supercenter File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT and areas enhanced with the E.I.F.S. surface in order to minimize incompatibility with the Boynton Commons Shopping Center which represents the established desirable architectural character that adjacent uses should match, and to be consistent with proposed design standards. 18. Provide to County acceptable Public Facilities Agreement to ensure X completion of or contribution to road improvements required by County for traffic concurrency approval. 19. Provide cross-section or comparable graphic showing that adequate buffering X of the overhead bay doors is attained. Additional landscaping enhancements and berming shall address identified deficiencies. 20. Due to the DCA currently monitoring the subject project for DRI X qualifications, prior to issuance of a permit, provide confirmation from DCA that DRI thresholds are met, or exceeded and begin processing as a DRI. 21. To maintain quality appearance similar to Boynton Commons and the X Boynton Beach Mall. Outdoor areas along the faCade shall be kept free of all vending machines and merchandise (except that displayed as part of the garden center) to maintain consistency with appearance of adjacent uses. 22. To properly soften large wall spaces, tree grate areas shall contain trees as X well as those species shown. 23. Update tabular data to show correct maximum building height (elevation X drawing indicates 39 feet 2 inches). 24. Modify parking data to include entire garden center which must be X accommodated by a minimum of 1 parking space per 5,000 square feet, exclude cart corrals from required spaces, and modify site to provide spaces as needed. ADDITIONAL PLANN1NG AND DEVELOPMENT BOARD COMMENTS 25. Blue stripe along front fagade shall be a maximum of 2 feet in width. X 26. Perimeter and parking area deciduous trees shall be replaced or X supplemented with tree species that maintain foliage and therefore buffering characteristics with greater planting intensity in vicinity of overhead bay doors. ADDITIONAL CITY COMMISSION BOARD COMMENTS 26. T~-b~tvterltlinv~ ,/t~A/~' ~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Wal Mart\NWSP\cond of approval CC 8-3-99.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Morris Building APPLICANT'S AGENT: Richard C. Ahrens, Ahrens Co. APPLICANT'S ADDRESS: 7700 High Ridge Rd. DATE OF HEARING BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 161 Commerce Road, Lot 4 High Ridge Park DRAWING(S): SEE EXHIBIT "C" ATDACHED 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, Flodda on the date of headng 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 ~X 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 "D" 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 the property shall be made in accordance with the terms and conditions of this order. =__, 0)=:- ~/ Y-z City Clerk -- /11111111111~~ EXHIBIT C CONDITIONS OF APPROVAL Project name: THE MORRIS BUILDING File number: NWSP 99-013 Reference: New Site Plan. File # NWSP 99-013 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Construction dumpster and service to be provided by City. X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION 2. The plans are inconsistent with respect to identifying the use of the X facility (e.g. manufacturing vs. warehouse). See sheet 104 and the site data sheet 101 (Land Use and floor area). Correct the plans accordingly to remove inconsistencies. 3. At time of permit review, submit signed and sealed working drawings, X and current survey of the proposed construction site. 4. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and States fees will be determined at time of permit review. pARKs AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 2 The Morris Building File No.: NWSP 99-013 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 5. Sign and seal all drawings prior to building permit submittal X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. None X ADDITIONAL CITY COMMISSION CONDITIONS 7. ~ ~,,~a ........ A/~t~' L~/ J:\SHRDATA',PLANNING\SHARED\WPXPROJECTS\THE MORRIS BU1LDINCCxNWSP\CONDITIONS OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wal-kMart APPLICANT'S AGENT: Todd J. Howder, Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal LOCATION OF PROPERTY: Northwest Corner of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C" 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 X 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 "D" 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. All further development on the property shall be made in accordance with the terms and conditions of this order. °~'''''' Other City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Wal Mart\CDPA WALMART\Develop Order CC 8-3-99.doc /////llll illlt~t\~ ~ EXHIBIT "E" Conditions of Approval Project: Wal-RMart Supercenter File number: CDPA 99-001 Reference: A letter of request dated May 18, 1999. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/R UTILITIES Comments: N/R FIRE Comments: N/R POLICE Comments: N/R ENGINEERING DIVISION Comments: N/R BUILDING DIVISION Comments: N/R PARKS AND RECREATION Comments: N/R FORESTER/ENVIRONMENTALIST Comments: N/R PLANNING AND ZONING Comments: 1. To confLrm that the overhead bay doors are adequately screened from view, X provide a cross-section or comparable diagram showing the needed relationship (elevation) of the road, wall and landscaping, and the bay doors (both east and west sides) to provide visual buffering. Buffering deficiencies identified by the cross-section shall be off-set with additional and diverse landscaping. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Perimeter deciduous trees shall be replaced or supplemented with tree species X that will maintain foliage and therefor buffering characteristics with greater planting intensity in vicinity of overhead bay doors. ADDITIONAL CITY COMMISSION CONDITIONS 3. Te be detenr.'hicd. /6~' J:\SHRDATA~PLANNING\SHARED\WI~'~PR. OJECTS\WAL MAKT~CDPA WALMART\COND. OF APPROVAL P&D.DOC CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Code Re,,~w APPLICANT'S AGENT:' Woody Fdese, Friese Design Group, Inc. APPLICANT'S ADDRESS: 1447 N. E. 4~ Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: Change maximum height of residential structure LOCATION OF PROPERTY: N/A DRAWING(S): SEE EXHIBIT "D' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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 headng 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 x 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. All further development on the property shall be made in accordance with the terms and conditions of this order. Other (/ City Clerk ----- J:~tOATA ' OJECT$~3OU~41N itE~r,~Jl~Tl'~to~ (k~l~. cc 7.2o4~.~m= EXHIBIT. "D" CONDITIONS OF A?PROVAL Project name: Code Review for maximum height in single-family zoning districts File number: CDRV #99-00l DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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: 1. Amend the Land Development Regulations Article 2. Zoning, Section X 5, Items "A' through "E' (e.g. R-lZAAA, R-l-AA_B, R-l-AA, R-1-A and R-I) to change the maximum building height ora single family home from 25 feet to 30 feet. 2. Amend the Land Development Regulations Article 2. Zoning, Section 5, X Item "F' (R-2 Zoning District) to change the maximum building height ora single family home from 25 feet to 30 feet. Page 2 File Name: Code Review File No.: CDRV 99-001 DEPARTMENTS INCLUDE REJECT 3. Amend Chapter 2, Section 4.F. Height Limitations and Exceptions, to X include a paragraph/provision allowing single family homes to be constructed to 3 5 feet if the criteria used for judging height exceptions (Items "a" through "f"), and the addition of a criteria indicating that no setback variances are requested in conjunction with the project, are satisfied. 4. Amend the code to eliminate any inconsistencies in describing the measurement of building height, and to require that height be X measured from the minimum finished floor as required by the building code, or that prevailing minimum elevation established by F.E.M.A. and other agencies such as the South Florida Water Management District. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 5. Delete comment #3. X city co ss os com zs 6. ~ /~/ff'~" J:\SHRDATA\Planning\SHARED\WP~PROJECTS\Height -Code Review\Conditions of approval.doc DEVELOPMENT ORDER OF THE CITY COMMISsIoN OF THE 'ITY OF BOYNTON BEACH, FLO' 'lA PROJECT NAME: Day Care Center in R-l-AA Residential zoning distdct APPLICANT'S AGENT: Scott and Catherine Freeland APPLICANT'S ADDRESS: 4470 Gleneagles Ddve Boynton Beach, FL 33436 DATE OF CITY COMMISSION RATIFICATION: August 3, 1999 TYPE OF RELIEF SOUGHT: Code Review LOCATION OF PROPERTY: N/A DRAWING(S): 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 X 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. DATED: All further development on the property shall be made in accordance with the,tefra., , and conditions of this order. · ' '"~// Other .~°~.., "-... i ,320 City Clerk - EXHIBIT "D" Conditions o£ Approval Project name: Daycare Centers in residential File number: CDRV 99-002 Reference: Letter of request from Scott/Catherine Freeland with a June 22, 1999 Planning and Zoning Division date stamp marking. ' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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: 1. Amend Article 2, Section 5, to allow commercial day care uses within X the R-l-AAA, R-1-AAB, R-1AA-, R-1-A and R-1 as conditional uses. 2. Minimum site size shall be one-half (0.5) acre. X Daycare Centers in residential CDRV 99-002 Page 2 of 2 DEPARTMENTS INCLUDE REJECT ~5' 3. Building design shall be consistent with surrounding residential styles. X 4. Daycare uses, excluding those located within PUDs, shall be allowed X within all zoning districts limited principally to single family homes, if located along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: state arterials, county arterials, and county collectors. 5. A minimum separation requirement between commercial daycare X business shall be 2,000 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such a church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. 6. Similar buffer (wall) regulations for commercial uses that abut X residential zoning districts should apply, and distances between outdoor play areas and adjacent single family homes shall be maximized. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 7. None. X ADDITIONAL CITY COMMISSION CONDITIONS 8. '~ ' :~ ..... ;.~,, ~_ ~t'g~/~' J:\SHRDATA~LANNING~SHARED\WPkPROJECTSXDAYCARE CENTER-RESIDENTIAL\COND. OF APP1LDOC CiTY OF BOYNTON BEACH, FLORIP~ PROJECT NAME: The Morris Building APPLICANT'S AGENT: 'Richard C. Ahrens, Ahrens Co. APPLICANT'S ADDRESS: 7700 High Ridge Rd. DATE OF HEARING BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 161 Commerce Road, Lot 4 High Ridge Park DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. i i-11~ 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, Flodda on the date of headng 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 X 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 'D' 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 the property shall be made in accordance with the terms and conditions of this order. · ,x 5 ~ '~ F O~/' 7. Other DATED: ~..~.z_z.,,:~ ~,.'/~;'~'~' L.~,:::~x..~-.~ ~ ~ ~ ~k_~? 920j (;" // City Clerk -- EXHIBIT C CONDITIONS OF APPROVAL Project name: THE MORRIS BUILDING 'File number: NWSP 99-013 Reference: New Site Plan. File # NWSP 99-013 DEPARTMENTS ]INCLUDE]REJECT PUBLIC WORKS Comments: 1. Construction dumpster and service to be provided by City. X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION 2. The plans are inconsistent with respect to identifying the use of the X facility (e.g. manufacturing vs. warehouse). See sheet 104 and the site data sheet 101 (Land Use and floor area). Correct the plans accordingly to remove inconsistencies. 3. At time of permit review, submit signed and sealed working drawings, X and current survey of the proposed construction site. 4. Compliance with the Building Codes wiil be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and States fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 2 The Morris Building File No.: NWSP 99-013 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 5. Sign and seal all drawings prior to building permit submittal X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. None X ADDITIONAL CITY COMMISSION CONDITIONS J:~SHRDATA~LANNING~SHARED\WI~PROJECTS\THE MORRIS BUILD[NG~NWSP'~CONDITIONS OF APPROVAL.DOC EXHIBIT "E" CONDITIONS OF APPROVAL Project name: WAL MART File number: NWSP 99-003 Reference: Final New Site Plan. Planning and Zoning date stamped 6-1-99, File # NWSP 99-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping drawings X 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. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public' rights-of-way. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. At the three driveway entrances, show th~ sidewalk thru the driveway and X specify that the existing sidewalks will be removed and replaced with new sidewalk a minimum of 6" thick. Also, show the stop bars and signs 4' back of said sidewalk. [LDR chapter 23, Article II.P.] BUILDING DIVISION Comments: 3. Add to the site plan a labeled symbol that represents and shows the location X Page 2 of 4 File Name Wal-Mart Superce~_.z File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT of the accessible route that is required between the accessible parking space and the accessible entrance door to the tire and lube area. Please note that at time of permit review the applicant shall provide detailed data on the plans that will verify that the path of the accessible route is in compliance with the regulations of the Florida Accessibility Code for Building Construction. 3. Verify that the crown of road elevations listed Within the Site Data are X accurate by including on the site plan elevations of the crown of road at Old Boynton Road and Winchester Park Boulevard. Where applicable, amend the plans to show and specify that the elevation of the finish floor is six inches or more above the crown of the road of the abutting right(s)-of-way. Identify within the Site Data the panel number of the FEMA map that reflected the project is located in a B flood zone. At time of permit, submit a copy of the South Florida Water Management District permit for the project. 4. At time of permit, submit detailed dimens, ioned drawings of the wall signage. X The total area of all wall signs shall comply with the regulations specified in the Sign Code. 5. Add, to the submittal, detailed dimensioned drawings of the monument sign X located on sheet 2 at the north entrance to the project. The size and design of the sign shall comply with the regulations specified in the Sign Code. Also, add dimensions to sheet 2 that depict the location of the monument sign from the north property line. The Sign Code specifies the minimum sign setback from all property lines shall not be less than ten (10) feet. Amend the plans accordingly. 6. At time of permit review, submit an executed and recorded Unity of Title that X combines all lots and parcels to match the way the property is depicted on the submitted site plan. The unity of title shall not prohibit the land from being subdivided to sell off outparcel sites. Subdivision of land shall comply with the applicable city regulations. 7. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and State fees will be determined at time of permit review. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 8. Existing Tree Schedule: X The existing tree schedule lists Magnolia trees to be removed from the site. Page 3 of 4 FileName Wal-Mart Superce~ .... · File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT These trees (if accurate) are native trees and efforts should be made by the applicant to preserve, or relocate these trees on the site. Staffwill field verify that the large quantity of trees (75) are indeed Magnolia trees. 9. The following numbered trees; 12, 13, 14, 15, 24, 44, 94, 97, 98, 99, 103, X 104, 105, 106, 108 & 112 should also be evaluated by the applicant to be preserved or relocated on the site if the trees are more clearly identified, and are native trees. (i.e. Oak) I0. Lake Planting Plan X The littoral shelf should be contiguous with the wetland planting zone to encompass 50% of the lake perimeter. 11. An irrigation system should be designed for the lake plantings. X PLANNING AND ZONING Comments: 12. Provide a detail drawing of the following items including dimensions, , X materials and colors: Typical trash compactor and required screen wall (Ch.9 Sec. 10 Par. C.3) -Typical parking and handicapped spaces (City drawing #B-90012).The shortest side of all angled parking spaces to be dimensioned at 18'. City Drawing #B-90013 13. Architectural design guidelines shall be required for site plan approval to X ensure internal compatibility and compatibility between future development of out parcels and the adjacent Boynton Commons PCD. Ch.9 Sec. 11 Par. A-D. As part of the guidelines, staff recommends a continuous score- line with diamond shaped markings and other decorative details, such as: decorative columns, tiles, architectural form and should discourage extreme . color contrasts beyond the main entrances and signage. 14. Label all bay doors. Bay doors may not face selected roadways. Ch.9 X Sec. 11 Par. J. 1. An appeal must,be submitted and obtained for approval to locate the bay doors facing both Knuth Rd. and Winchester Blvd. 15. The subject parcel still includes the entire property. If and when the parcel is X to be subdivided, the development of an out parcel will require a site plan modification. 16. Project buffer walls shall be CBS and designed similar to the buffer wall at X the adjacent shopping center to the east and painted to match the principle color of Wal-Mart (add notes on site plan to document same). 17. Limit blue stripe and blue color (including the wall sign) to main entrances X Page 4 of 4 File Name Wal-Mart Superceh.~r File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT and areas enhanced with the E.I.F.S. surface in order to minimize incompatibility with the Boynton Commons Shopping Center which represents the established desirable architectural character that adjacent uses should match, and to be consistent with proposed design standards. 18. Provide to County acceptable Public Facilities Agreement to ensure X completion of or contribution to road improvements required by County for traffic concurrency approval. 19. Provide cross-section or comparable graphic showing that adequate buffering X of the overhead bay doors is attained. Additional landscaping enhancements and berming shall address identified deficiencies. 20. Due to the DCA currently monitoring the subject project for DRI X qualifications, prior to issuance of a permit, provide confirmation from DCA that DRI thresholds are met, or exceeded and begin processing as a DRI. 21. To maintain quality appearance similar to Boynton Commons and the X Boynton Beach Mall. Outdoor areas along the faq:ade shall be kept free of all vending machines and merchandise (except that displayed as part of the garden center) to maintain consistency with appearance of adjacent uses. 22. To properly soften large wall spaces, tree grate areas shall contain trees as X well as those species shown. 23. Update tabular data to show correct maximum building height (elevation X drawing indicates 39 feet 2 inches). 24. Modify parking data to include entire garden center which must be X accommodated by a minimum of 1 parking space per 5,000 square feet, exclude cart corrals from required spaces, and modify site to provide spaces as needed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 25. Blue stripe along front fagade shall be a maximum of 2 feet in width. X 26. Perimeter and parking area deciduous trees'shall be replaced or X supplemented with tree species that maintain foliage and therefore buffering characteristics with greater planting intensity in vicinity of overhead bay doors. ADDITIONAL CITY COMMISSION BOARD COMMENTS 26. T~o~e~nlI~e~. A/~At~' ~ J:\SHRDATA\Planning~SHARED\WP\PROJECTS\Wal Mar~NWSP~:ond of approval CC 8-3-99.floc DEVELOPMFNT ORDER OF THE CITY COMMI.C'cqON OF THE rY OF BOYNTON BEACH, FLOR,.~A PROJECT NAME: Wai~Mart APPLICANT'S AGENT: Kevin M. Rob~rson P.E., Kimley-Hom and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSIONi August 3, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Comer of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT"C" 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 MA'I-I'ER 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 ~X 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 "!7 with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o 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 EXHIBIT "E" Conditions of Approval Project: Wal'RMart Supercenter File number: CDPA 99-001 Reference: A letter of request dated May 18, 1999. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/R UTILITIES Comments: N/R FIRE Comments: N/R POLICE Comments: N/R ENGINEERING DIVISION Comments: N/R BUILDING DIVISION Comments: N/R PARKS AND RECREATION Comments: N/R FORESTER/ENVIRONMENTALIST Comments: N/R PLANNING AND ZONING Comments: 1. To con£wra that the overhead bay doors are adequately screened from view, X provide a cross-section or comparable diagram showing the needed relationship (elevation) of the road, wall and tandscaping, and the bay doors (both east and west sides) to provide visual buffering. Buffering deficiencies identified by the 9ross-section shall be off-set with additional and diverse landscaping. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Perimeter deciduous trees shall be replaced or supplemented with tree species X that will maintain foliage and therefor buffering characteristics with greater plantin~ intensit~ in vicinit~ of overhead ba~t doors. ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~LANNING\SH.M1.ED\VVI~,PROIECTS~WAL MART~CDPA WALMART~COND. OF APPROVAL P&D.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE TY OF BOYNTON BEACH, FLOR PROJECT NAME: Wal,Mart APPLICANT'S AGENT: Todd J. Howder, Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3, 1999 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal LOCATION OF PROPERTY: Northwest Corner of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C" 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 X 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 ~D" 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. and conditions of this order. Other All further development on the property shall be made in accordance with the terms .,~i~HIIIIIIlll,, v City Clerk %///. FLO~, J:\SHRDATA~Ianning\SHARED\WP~PROJECTS\Wal Mart\CDPA WALMAR~Develop Order CC 8-3-99.doc . qtlllllllili\~