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Minutes 09-04-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 4, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Vice Mayor Shirley Jaskiewicz C. Pledge of Allegiance to the Flag led by Commissioner Matthew Bradley Mayor Taylor called the meeting to order at 6:30 p.m. Following the invocation, Commissioner Bradley led the Pledge of Allegiance to the Flag. Commissioners Titcomb and Tillman arrived for the meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections No additions, deletions, or corrections were made to the agenda. 2. Adoption Commissioner Bradley moved to approve the agenda as presented. Commissioner Titcomb seconded the motion which carried unanimously. E. Public Hearing: 1. Proposed Tentative Budget and Proposed Aggregate Millage Rate for Fiscal Year 1996/97 F. Legal: 1. Proposed Resolution No. R96-129 Re: Adopt Tentative Millage MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Rate for FY 1996/97 Attorney Cherof read Proposed Resolution NO. R96-129 by title only. Motion Commissioner Titcomb moved to approve Proposed Resolution No. R96-129. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. The next public hearing with the final millage rate and adoption of the budget will be on September 17, 1996, at 7:00 p.m., in the Commission Chambers. Proposed Resolution No. R96-130 for FY 1996/97 Re: Adopt Tentative Budget Attorney Cherof read Proposed Resolution No. R96-130 by tide only. Motion Commissioner Titcomb moved to approve Proposed Resolution No. R96-130. Commissioner Bradley seconded the motion. Commissioner Tillman referred to information which was provided to the Commissioners regarding funds that are needed for hands-on minority recruitment for the Police Department. The information was compiled by Arthur Lee and Dale Sugerman. This proposed program will increase our viability in terms of bringing in applicants and give us a better retention rate. The City's resources are adequate and the expenditure of these funds would be for a very good cause. Amended Motion Commissioner Tillman amended the motion to include a budget for hands-on minority recruitment in the amount of $37,300. Commissioner Bradley seconded the motion. Commissioner Titcomb questioned whether these funds would be in additiOn to funds already in the budget. Mayor Taylor responded affirmatively. At present, we recruit at Police Academies and advertise locally. The additional funds will allow us to go out of State to recruit. City Manager Parker said the funds will come from the contingency account and be moved into the Police Department budget in the line items as stated in the back-up material. In response to Vice Mayor Jaskiewicz' question, City Manager Parker advised that there 2 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 are currently four openings in the Police Department at the present time. Vice Mayor Jaskiewicz questioned whether it is necessary to expend this much money in view of the fact that there are only four openings. She suggested that this figure be a "not to exceed" figure. City Manager Parker explained that the $37,300 is a "not to exceed" number. Commissioner Tiliman said the purpose of the increase is to cast a wider net to get a higher quality recruitment. From 1994 to 1996, 40 officers joined the force. Only 12 officers were retained. We spent $6,196 for that effort. He feels we need to look outside the local areas to bring in a higher quality employee that we can retain on a long-term basis. Commissioner Titcomb questioned whether there would be any spill over to any other departments in the City. City Manager Parker said the trips that are outlined in this request would be geared to the Police Department only. We would recruit only Criminal Justice majors, etc. If the total amount of money is not expended, it would remain in the Police Department budget. Mayor Taylor feels the City did a good job in bringing in numbers; however, not everyone made the grade. Perhaps a broader net will provide us with quality people that we can retain. If this effort accomplishes that goal, it will be a small price to pay. The motion carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made Appointment To Be Made Board Mayor Taylor** Titcomb* Titcomb* II Bradley* II Bradley* Recreation & Parks Bd. Alt Adv. Bd. on Children & Youth Stu/AIt Community Relations Board Alt Cemetery Board Rag Adv. Bd. on Children & Youth Reg Length of Term Expiration Date Term expires 4/97 TABLED 1 yr term to 4/97 1 yr term to 4/97 Term expires 4/98 Term expires 4/97 Motion CommiSsioner Titcomb moved to remove the tabled appointment from the table. Commissioner Bradley seconded the motion which carried unanimously. Mayor Taylor appointed Pam Winters as an alternate member of the Recreation and Parks Board. 3 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Ail other appointments were tabled. Motion Coimmissioner Bradley moved to approve the appointment and table all remaining appointments. Commissioner Tillman seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting Minutes of July 29, 1996 These minutes were accepted as presented. 2. Regular City Commission Meeting Minutes of August 20, 1996 These minutes were accepted as presented. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award rebid of Annual Supply & Installation of Water Service Connections & Restorations to Gosline Plumbing and Sprinkler Company, Inc., in the amount of $800/installation times 100 houses/year As outlined in Utilities Memorandum #96-276 dated August 26, 1996 from John Guidry to Lana Koester, this bid is for the installation of new water service lines from new City- installed meter boxes to the house. The first of these installations will be for all of the residents along SE and SW 14th Avenues, and later extend to SW 3rd Court through NW 6th Avenue as part of our Water Distribution System Improvements. Utilities expects to connect at least 100 houses per year at $800 per installation. The project is funded in the Utility Renewal and Replacement account for $100,000 per year. The Tabulation Committee recommends awarding the bid to Gosline Plumbing & Sprinkler Co., Inc., of Riviera Beach, Florida. This company is the only bidder who meets all required specifications and is the lowest, most responsible, responsive bidder. C. Resolutions Proposed Resolution No. R96-131 Re: Authorize execution of grant award agreement between the City of Boynton Beach and the 4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Department of State, Division of Historic Resources for the old Boynton Elementary School Proposed Resolution No. R96-132 Descriptions Re: Approve 1996/97 Job Proposed Resolution No. R96-133 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of August 29, 1996: Authorization to enter into a contract with Centerline Utilities Contracting Corporation to install approximately 1,900 lineal feet of 30" DIP reuse waterline through the isles at Hunters Run on an emergency basis for a price of $100,429 Approval to permit the Executive Director to purchase approximately 1,900 lineal feet of 30" DIP pip at a price not to exceed $96,000 to be utilized for the reuse waterline through the Isles at Hunters Run Authorization to expend $5,600 from Sinking Fund to replace demister balls, sheaves and balance impellers in odor abatement scrubbers and blowers on an emergency basis Authorization to obtain easement by gift or purchase from owners of Lots #209 and #210 at Pine Tree Golf Club for installation of reuse water system and authorization to expend up to $5,000 per lot to obtain agreement Proposed Resolution No. R96-134 Re: Authorize execution of Interlocal Agreement between the City of Boynton Beach and Palm Beach County to provide building, permitting and inspection services for development of the 32 lots at Lawrence Oaks Proposed Resolution No. R96-135 Re: Agreements for Water Service Outside the City Limits and Covenant for Annexation - Holiday Organization, Inc.: Agreement between City of Boynton Beach and Clark Dahlgren Agreement between City of Boynton Beach and Richard Slaton & Felix Stone Agreement between City of Boynton Beach and Janet B. Hall 5 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Proposed Resolution No. R96-136 Re: Authorize execution of an agreement between the City of Boynton Beach and Mears Motor Leasing providing for the lease of undercover vehicles Proposed Resolution No. R96-137 Re: Authorize execution of contract between the City of Boynton Beach and Todd Kotas, Economic Development Director regarding employment terms D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Award contract to Wynn & Sons (Palm Beach County Annual Contract) for replacement of damaged sidewalk on Ocean Avenue in the amount of $23,829 As outlined in Facilities Management Division Memorandum No. 96-84 dated August 20, 1996, from Bill DeBeck via Charles Frederick to City Manager Parker, this project is part of the project to install new lighting on Ocean Avenue. The price of this project has been based on the specific quantity of sidewalks, curb removal and replacement, along with necessary barricades and temporary access structures. Funds are available in the Community Redevelopment account. Approve purchase of furniture for City Hall in the Mall from CDI Total Office Furniture Today (State Contract) in the amount of $10,419.33 In a memorandum to City Manager Parker dated August 29, 1996, Beth Bailey, Public Information Officer, has requested authorization to purchase office furniture for the City Hall in the Mall. The Iow bidder was CDI, Total Office Furniture Today, a West Palm Beach company that sells Steelcase office furniture. There will be two reception/computer workstations, a round conference table with four chairs in the front reception area for customers, and a six-section conference table with 14 chairs in the rear meeting room. The furnishings feature an attractive style, high quality fabrics, and are color-coordinated to match the carpet. Approve emergency repairs to Vehicle No. 820 (fire pumper) from Warner's Fire Apparatus Repair in the approximate amount of $8,500 The specifics of the need for these emergency repairs are detailed in W. M. Gulbrandsen's Fire-Rescue Memorandum #96-663 dated August 26, 1996. Fire Department Memorandum 96-510 dated August 29, 1996, to Wilfred Hawkins from Acting Chief Ness requests authorization to proceed with these repairs. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Approve refund on Sunset Building, Section E, Niche E-l, in the Boynton Beach Mausoleum Memorandum No. 96-113 dated August 27, 1996, to City Manager Parker from City Clerk Sue Kruse advises that Mr. Gilbert H. Stevens has requested a refund on the above- mentioned niche. The amount to be refund is $720. This figure is 20% less than the original purchase price. Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda. Commissioner Tillman seconded the motion which carried 5-0. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Tunes in Town - September 13, 1996 at Oceanfront Park - 5:00 to 8:00 p.m. - Cheex - Top 40 Music Mayor Taylor made this announcement. Second Public Hearing for FY 1996/97 Budget - Tuesday, September 17, 1996 at 6:30 p.m. - Commission Chambers Mayor Taylor made this announcement. First City Commission in October will be Wednesday, October2, 1996 due to October 1st being the Second Primary Election Day, and the first meeting in November will be on Wednesday, November 6, 1996 due to the General Election Mayor Taylor made this announcement. Special City Commission Meeting October 3, 1996 at 7:00 p.m. - Interview City Manager Candidates Mayor Taylor made this announcement. City Manager Parker added that this meeting will be to review the resumes with David Donaldson. Special City Commission Meetings October 11 & 12, 1996 - Individual interviews and final selection of City Manager MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Mayor Taylor made this announcement. Martin Luther King, Jr, Boulevard and Urban Redevelopment Challenge Forum to be held September 5 and 6, 1996 Mayor Taylor announced this upcoming forum. B. Presentations: Proclamation - Recognize participants in the Martin Luther King, Jr. Boulevard and Urban Redevelopment Challenge Forum to be held September 5 and 6, 1996 At Mayor Taylor's request, Vice Mayor Jaskiewicz read a Proclamation declaring September 6, 1996 as the date of "The Redevelopment Forum on The Martin Luther King, Jr. Boulevard Corridor'; At the podium, Wilfred Hawkins, Assistant to the City Manager, introduced the co-sponsors of this effort, Art Fleming, Executive Director of the Community Financing Consortium, and Anita Jenkins, Program Director of LISC. On behalf of the Local initiatives Support Corporation, Anita Jenkins advised that she is proud to be in partnership with the City in this effort. A great deal of energy will be brought to the table. She thanked the City for this opportunity. Art Fleminq said it has been a tremendous job putting together the participants in this effort. He is proud and pleased this is happening in Boynton Beach. He thanked City Manager Parker and Mr. Hawkins for bringing this program to the City. He presented a briefing book which provides a background of the area. City Manager Parker thanked Mr. Fleming, Ms. Jenkins and Wilfred Hawkins for all of the work they have done. We now have more participants than the City of Fort Lauderdale had when they took on this program. Mr. Hawkins feels this is a very important effort. We are the second city in the southeast to do this. The interest of the private community is indicated by the number and type of people who will participate on Thursday and Friday. They have committed two days to this City. The event on Thursday will be held at the Holiday Inn Express. They have been very cooperative and worked very closely with us. At 3:00 p.m., the participants will begin to arrive for registration. From 5:30 p.m. until 6:30 p.m., a bus tour of the entire City will be conducted. At 6:30 p.m., a reception with the Chamber of Commerce, County and other MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 local business will take place in addition to a press conference. Following the reception, there will be an "invitation only" dinner. On Friday, the activities will begin at 7:00 a.m. with breakfast at the hotel. At 7:30 a.m., a walking tour of Martin Luther King, Jr. Boulevard will take place. That tour should take approximately 25 minutes, and then the group will return to the hotel to begin the forum. The briefing book that was provided outlines the goals and objectives of this forum. The forum will continue throughout the day and should end at approximately 3;00 p.m. A recording secretary will record and transcribe all of the information. The forum will also be videotaped. Vice Mayor Jaskiewicz confirmed with Mr. Hawkins that the participants are aware of the fact that Gateway Boulevard will be widened and improved in the very near future. In response to Commissioner Bradley's question, Mr. Hawkins advised that the property owners were not invited to this forum. A separate meeting with 16 property owners was held at Wilson Center last week. Both sides had an opportunity to air their concerns. Commissioner Bradley feels this is algreat program. We have taken advantage of LISC and are miles ahead of other commun,ities. This is another opportunity for us to show what can be done when communities coo )erate. Mayor Taylor feels the success of any I proud of staff, and realizes that the pc professionals. This is one of the ele~ forward. He is very excited and will pr 2. Women's Softb~ As a member of the Community Reis young women of this softball team wi Vice Mayor Jaskiewicz announced th middle and high schools. They re Recreation and Park Department. proceeded to the State level where thC forward to greeting these young acknowledged the manager and two At the podium, Mayor Taylor preseni( Appreciation. V. BIDS: )rogram or project begins with the planning. He is )pie who have been attracted to participate are all nents of our visioning program that is now going ~vide full support for this program. League Presentation )ns Board, Joy Currier proudly acknowledged the won second place in the State of Florida. all of the young women are from Boynton Beach sented our City and they are sponsored by our They won the league and sectional finals and f won second place. Vice Mayor Jaskiewicz looks wen as first-place winners next year. She also )aches. d each of the young women with a Certificate of MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 None VI. PUBLIC HEARING: None VII. PUBLIC AUDIENCE: Alicia Jennings advised that Public Works visited her neighborhood today. She was told by Bob Gibson that he was unaware of the City's intention to fix the drainage or driveways in the area. In addition, she spoke to Officer Riggle about speeding cars in the neighborhood. Officer Riggle advised that he is the only police officer in Boynton Beach who does radar patrol. The Crime Watch program will begin when residents meet with a police officer on Monday. There is still a problem with drugs because the dealers are moving to her area from Martin Luther King, Jr. Boulevard. Ms. Jennings said her father has done as much as he can afford to do to clean up his residence. Mayor Taylor said the installation of the swales will alleviate some of the drainage problems. At present, the water has no way of draining. With regard to drugs, the City is aware that when the dealers are chased from one area, they move to another. We will continue to fotlow them. The Police Department will address the speeding problem in the area. Speed bumps are a traffic hazard, and speed humps are extremely expensive for the residents. With regard to the driveways, the City will only repair damage that is the result of the City's drainage system. The individuals are responsible for maintenance of the driveways. Ms. Jennings said the records will prove that the City dug up the street ten years ago, and never came back. In addition, with regard to the corner, she suggested that the stop sign be moved out slightly so that it is more visible, and remove the dirt in the middle of the road. Mayor Taylor feels many of the issues raised by Ms. Jennings are ideal issues for a community association to address. The City will investigate the stop sign issue to see if it can be located in a better place. Commissioner Bradley felt it was exciting to hear that this community is organizing the Crime Watch program. He feels Ms. Jennings is a problem solver. Another thing that can be done is to attend the Wrice march meeting on Monday to discuss the problem in the neighborhood. It is likely that the Wrice marchers will march on Ms. Jennings' street within a few weeks. Vice Mayor Jaskiewicz recalled that when Ms. Jennings spoke a few weeks ago, she t0 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 indicated that there was a' drainage flooding problem. City Manager Parker advised that there is an agenda item tonight relative to this issue. Staff has been working on a plan to address the numerous areas throughout the City with residential flooding in the streets. This condition occurs in the areas where the swales have become non-existent or worn away. Tonight's agenda item lists four streets to begin Phase I. In the next month, a priority list will be presented similar to the street resurfacing program. It is possible that it could take two to three years to get through the entire list. One of the items mentioned is the concept of the driveway area between the sidewalk and the street. The flooding on the streets ponds in the driveway because that is the Iow point. It is the City's recommendation to have the City do the labor and have the property owner pay for the materials with a 12-month no interest period. In response to a question from Commissioner Bradley, City Manager Parker advised that when the City digs up water lines and the driveways are dug up, the City replaces the driveways_ and the sod in the swales at no cost to the property owner. For drainage situations, the City does not do the same thing. City Manager Parker is unaware of any city in Florida that pays anyone to maintain residential swales. This has always been a responsibility of the property owner adjacent to the swale area. A resident said that when she calls the Police to report someone parked on the swale, the Police say there is nothing they can do because the swales belong to the City of Boynton Beach. This resident said the swale has had the same appearance in front of her home for 13 years. She does not feel she should be responsible for that area. She was told she could not put in stone and artificial flowers because the swale belongs to the City. She does not feel she should have to pay for this repair. Mayor Taylor explained that when something is added to the swale, it affects where the water goes. If the swale is filled with plants, the water goes to the neighbor's yard. These swales must be maintained in their natural state so that the water can run off the road. Our City Code requires that the property owner maintain the swale. Ms. Jennings questioned whether the loan through the Community Redevelopment Department can be used to pay for the repairs to the driveways. City Manager Parker advised that driveways are not under the criteria for the grant program. Everyone will be assessed the cost of the driveway, and they will have 12 months to repay at no interest. Mayor Taylor stated that as a property owner, there is a responsibility to keep up the property. The City will do its best to assist when it can. Anyone who cannot afford to keep up the property may have a serious problem in owning the property. However, maintaining property is part of the cost of ownership. Ms. Jennings questioned whether her father would be fined $253 a day if he cannot afford MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 to fix his property. Mayor Taylor advised that he did not have an answer to that question, but pointed out that Mr. Oldaker must maintain his property. James Miriana said he was present to voice his displeasure at expenditure items on the agenda. There are many needy items in the City, but we do not have funds available. With the City fighting for revitalization of the downtown, Mr. Miriana does not feel it is right to put a City Hall in the Mail. He believes this will take people away from downtown. When this item was proposed, there was no mention of the amount of money this would cost. Mr. Miriana has estimated the first year's costs to run this office will be $100,000. Mr. Miriana does not feel there is a need for a second City Hall. The City always has money for other things, but when the people want things that are necessary, no funds are available. Mr. Miriana feels the needy must be considered first. Mayor Taylor advised that it is the City's job to provide services to its citizens. Using Mr. Miriana's logic, we would only have one park in downtown and have buses that only come to the downtown. City Hall in the Mall is for the convenience of the citizens. He does not see this service as a waste of money. The City feels it can provide better service to the community with a City Hall in the Mall. VIII. DEVELOPMENT PLANS: Project Name: Agent: Owner: Location: Description: Woolbright Place PUD Michael Morton Howard Scharlin East side of SW 8th Street and approximately 2,250 feet north of Woolbright Road MASTER PLAN MODIFICATION - Request to modify the previously-approved master plan for the Woolbright Place PUD. Requested modifications are limited to that portion of the PUD that is entitled Pod 1. Pod 1 is a 14.05 acre parcel. Attorney Cherof administered the oath to all who would be testifying in this proceeding. He advised the Commissioners to disclose any conversations they may have had with anyone related to this case. Vice Mayor Jaskiewicz disclosed that she had conversations with members of the Boynton Lakes Estates community relative to this project. Commissioner Tillman disclosed conversations with Lisa Kramer. Commissioner Bradley disclosed conversations with Lisa Waters and Gary Lehnertz. t2 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Commissioner Titcomb disclosed conversations with Boynton Lakes Estates' residents. Due to the number of conditions associated with this application, Attorney Cherof requested that the applicant indicate the conditions that were not acceptable so that the balance of the conditions could be accepted at the end of the proceeding. Michael Morton, 902 Clintmore Road, Boca Raton, Florida, is the agent for the applicant. This plan will change the 14 acres which are part of the PUD from the originally- planned multi-family project to a single-family designation. The applicant wishes to affirm that the change to the master plan is a non-substantial change. This will enable the applicant to go to the Planning and Development Board next Tuesday for review of the site plan. He requested a consensus from the Commission relative to the items on the site plan. Mr. Morton advised that the applicant is in agreement with all items with the exception of 12, 25, 27, 34, 40, 41,42, 44, 54, 55, 57, 58, 59, and 60. Mr. Morton explained that the applicant changed this plan in order to address the needs of the residents of Lake Boynton Estates. This plan now reflects the 25' buffer along the north property line, and has taken into consideration the Gary Lehnertz landscape plan by using all of the plant material specified. The applicant has enhanced that plan by including additional material. The recreation area was moved to the center part of the project, Moving this area addresses a concern expressed by Vice Mayor Jaskiewicz. Comment #12 Previously, the largest concern appeared to the 40' street right-of-way. At the Commission's suggestion, the applicant added sidewalks on both sides of the 40' street right-of-way. The applicant hopes the Commission will find this compromise in compliance. Consensus There was a consensus of the Commission to allow the 40' wide street width. Comment #25 In order to make projects viable, applicants try to keep as many lots as possible. In two locations, there are dead-end streets. There were originally three of these locations, but the plan was reworked and that number was reduced to two. By taking the advice of staff, the applicant included a cul-de-sac in the most favorable area, and kept the dead-end streets in the location where too many lots would be lost. This item affects a number of other conditions having to do with road frontage. Mr. Morton advised that the two dead- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 end streets were not objectionable to the Fire, Police or Public Works Departments. Mike Haag, Planning Administrator for the Planning and Zoning Department, stated that staff believes the two dead-ends are not conducive to a street layout in a PUD or a regular conventional development. Staff feels the dead-ends should be omitted by making some radiuses, including pie-shaped lots, or omitting some lots from the area. Dead-end streets are prohibited by our Code (Chapter 6, Article IV, Section 10T). The only way to get relief from a Code section is to request a waiver of the plat requirement. City Manager Parker asked staff if we are requesting cul-de-sacs at both dead-ends, or some sort of turn-around ability. Mr. Haag said staff wants the developer to omit the dead- ends by making a radius and having pie-shaped lots. Another recommendation would be to omit the lots to avoid dead-ends. In response to City Manager Parker's question, Mr. Haag advised that the applicant would lose approximately two lots by complying with staff's recommendations. Mr. Morton said he was not sure that number was correct; however, he pointed out that if the Fire, Police and Public Works Departments are not opposed, and there is no public safety issue, it would be a compromise to allow the applicant to get the maximum number of lots to accommodate the changes they have already made. William HukilI, Director of Development and City Engineer, said this is a violation of the Land Development Regulations that we have not allowed in other developments. He pointed out on the map how this situation was corrected in one area by creating a radius and pie-shaped lots without any significant loss of lots. This is poor planning and the Land Development Regulations do not permit this condition. Mayor Taylor asked if the pie-shaped lots would put the point of the lot at the intersection. Mr. Haag responded affirmatively and explained that the radius would form the pie-shaped lots that have a narrower frontage than the required 40'. The Zoning Code has regulations that would cover that situation. The frontage of the lot is measured at the building setback line rather than at the street frontage. Mayor Taylor asked the applicant to move on to the next issue at this point. The Commission will return to this issue later in the meeting. Comment #27 Mr. Morton advised that this comment deals with the irrigated landscaping plans in the S.W. 8th Street right-of-way which covers the medians and the swales. The only place where landscaping has been installed at this point is in the one median that runs from Woolbright Road up S.W. 8th Street in front of Cracker Barrel. There are two medians ]4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 north of that location that have not been landscaped. The underground irrigation sleeves are in for these two islands. Mr. Morton objects to this item at this time because of the timing involved. He would like to get approval from the Commission and the Planning and Development Board, and then move onto plat approval, full engineering plans and building permits. The applicant does not know at this point what the final configuration of those two islands will be. If a major retailer is brought in on the 14-acre parcel, most likely, the median will be altered significantly. It does not make sense to put a plat requirement on installation of landscape material that might be removed. He requested that the timing of this item be changed so that at some point in the future (perhaps after a certain number of homes receive COs) the applicant would be required to install the landscaping material. This will provide the opportunity to be able to work with the commercial developer and get the final design relative to the medians, Mr. Hukill reminded the Commissioners that this was done in the past with this developer on a number of occasions. The most recent case involves RaceTrac where there was an area that was not completed between RaceTrac and Leisureville. There is a similar situation in a project close to this one where the installation of landscaping keeps being delayed. This is the obligation of this developer, and he has acknowledged that. Mr, Hukill explained that the City does not know that anyone will ever develop that property. This development has been before the City for close to a decade, and we are still waiting with this as an eyesore. The material needs to be put in now. Staff recommends strongly that this work be done. City Manager Parker added that the City has held other developers to this requirement. When Quantum came before the Commission, they were required to put in the landscaping first. Quantum made the same comments at the time that they would have to change the median cuts in the future. The City Commission told them they would then have to change the landscaping at that time. If the property sits vacant for any length of time, at least the medians are landscaped. Mr. Morton advised that RaceTrac bought the parcel approximately three years ago. They came through the City with their site plan, building plans and landscape plans. The obligation to do all of the landscaping including the berm along the canal is RaceTrac's obligation. RaceTrac has not performed and Mr. Morton discussed this situation before the City Commission. He guaranteed that RaceTrac would comply. They have still not fulfilled their obligation. Cracker Barrel is complying and agreed to landscape the berm along the canal. With regard to the medians, they do not come up to these 14 acres. The medians exist at the Trammel-Crowe property. Mr. Morton is not trying to push this item off. He is under ]5 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 an agreed situation to install the landscape material around the lake. By agreement and Resolution and license with Leisureville, he was asked to delay that installation. He has now installed the berm which has been hydroseeded. The hedges are installed and the trees along SW 8th Street were put into the lake area as per the agreement. Mr. Morton agrees to install the landscape material in the medians, but those medians are part of TrammeI-Crowe's approval and part of the commercial property. Vice Mayor Jaskiewicz confirmed that Mr. Morton complied with installing the hedges; however, she is concerned about the maintenance on those items. Mr. Morton agreed with her observations. He stated there is a maintenance association between this applicant, Trammel-Crowe and the church. The maintenance association is run by Trammel-Crowe because they are on-site. The contractor they hired to maintain the property has been terminated for lack of service. Mr. Morton put in a bubbler ~ystem because of his concern about the trees not surviving. The trees that have not survived will be replaced. Vice Mayor Jaskiewicz feels the attractiveness of the medians will be an incentive for people to purchase homes in this area. Mr. Morton is not opposed to Iandscaping the medians. He is only opposed to making it a condition of plat approval. He was hoping to have plat approval within 45 days. He cannot get the landscaping installed within 45 days, and he does not want it to hold up the plat. He would prefer to tie the timing to the CO of the first unit. Even if the median is changed, Mr. Morton will be happy to have installed it and have to remove it and reinstall it. Mr. Haag advised that he and Mr. Hukill have objections to tying this to first CO. Planning and Zoning Department Comment #73 asks for the landscaping to be done 90 days after approval by the Planning and Development Board so that if the development does not go forward, the medians will still be completed. City Manager Parker said this properly has been unsightly. To delay the landscaping even further is not appropriate for the surrounding communities. The road now goes through from Woolbright Road to Boynton Beach Boulevard. This is a heavily-used roadway and the City is receiving calls from people who want the medians to be landscaped and maintained. Mr. Hukill advised that the City has two examples of plats where landscaping did not go in. One of them was Boynton Lakes Plat 5, and the other is Cedar Ridge. Cedar Ridge was a hazard for the City and there were a lot of policing problems at that site. Both projects proceeded to plat and beyond, and were well through the required improvements. In both cases, there were dust problems and blowing sand. Mr. Hukill does not support waiting until first CO. He feels this landscaping should be required with plat approval. Mr. Morton said the applicant still has several parcels that will be coming into the City for approvals. Burger King is on the TRC agenda for next Tuesday. Discount Auto is also MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 coming in. He feels there are still opportunities for the City to require the applicant to comply in the future. He does not want to delay Kennedy Homes, and that is the reason for his request at this time. For the record, Mr. Morton said, "we will do our best to get this thing started, and if I don't keep my word, you'll get me the next time I stand up here". Mayor Taylor feels the median improvements provide a better opportunity of attracting people into the complex. One of the first things the City does when bringing in prospective tenants for Quantum Park is to point out how beautiful the park looks. Mayor Taylor feels the development will look much better with the landscaping. He feels a great deal can be done to the medians in 45 days. Mr. Morton inquired if he could begin installation while he is going through plat approval. Mayor Taylor feels the Commission has been clear about what it wants to see done with these medians. He feels the area will look better, and a lot of problems will be solved if the medians are landscaped. Comment ~34 Mr. Morton advised that this comment deals with the dead-end lots. Comment #41 To make this plan work, the developer made seven lots 42' wide by 95' deep. The remainder of the lots are a minimum of 100' deep. The applicant is requesting permission to reduce certain lots by a half foot so that the lots will be 99.5' deep and 95.5' deep. Mayor Taylor reminded Mr. Morton that the City went through this on another project and Commissioner Bradley was opposed to a reduction to 4,000 square feet. When the decision was made by the Commission to allow that, they also determined 4,000 square feet would be the minimum, and we would try not to go that Iow again in the future. Mr. Morton agreed to make the switch to 99.5' and 95.5'. Comment #42 This comment also relates to the lots in the dead-end areas. Comment #44 This comment relates to landscaping and the lake plantings. As per the agreement, and the license agreement with Leisureville, the applicant has installed ali of the material. There are maintenance concerns and trees that have not survived. Those trees will be MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 F replaced. Trammel-Crowe assured Mr. Morton today that the maintenance contractor has been replaced on the site. Mr. Morton believes the agreement supersedes Comment #44. Mr. Haag said he does not know if that statement is true. The Commission would have to confirm that. Mr. Haag did not know if the Commission was aware of the approved plan for that area. Mr. Morton is saying that when the Commission approved the Resolution with the berm and hedge along the east side of Leisureville, it replaced the plan that was approved in 1990. Mr. Morton said those approvals did replace the 1990 plan because the planting on the berm in Leisureville was different from what was asked to be put in the berm. That entire plan was changed, and has been installed as per an agreement that required the berm to be installed with a hedge. That changed the 1990 landscape plan dramatically. The applicant is in compliance with everything they agreed to on the new plan. City Manager Parker stated that the only issue involved is one of paperwork and tracking. This project has numerous things associated with it. The City is requesting that the paperwork that has been submitted with the master plan reflects the previous approvals so that the documents are all consistent at this time. The City does not have an argument with approval or non-approval. We want the master plan revised to reflect the approvals so that we only have to go to the latest document to get all of the necessary information. We want all records to be up-to-date as the applicant goes forward. Mayor Taylor recatls meeting with the residents of this area regarding the berm. The residents had different opinions on what they wanted to see in the berm. A compromise was reached which included a berm and hedge. Mr. Morton said he would be happy to work with staff in making any changes on the master plan to provide a trail. In response to Vice Mayor Jaskiewicz' question, Mr. Morton advised that the issue with RaceTrac is that they were sold the property to the canal right-of-way. The responsibility for RaceTrac doing the berm went along with the sale of the property. Mr. Morton agreed to comply with Comment #44. Mr. Haag asked for further clarification. Using the overlay, he pointed out the area involved with the berm and landscaping associated with the Resolution. It excluded the church. Mr. Morton is saying that the Resolution that involves the berm and the hedge replaces the 1990 plan that shows landscaping around the lake, the preserve area, and landscaping in the right-of-way. Mr. Morton disagreed. He said the applicant took the 1990 plan and put in the berm and the hedge. He put in the trees (including a combination of Oak trees and Palms) along SW ]8 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 8th Street, and hydroseeded the lake banks. The only exception to the 1990 plan is the littoral zones along the lake bank. This was a requirement of South Florida Water Management which has since been eliminated in drainage areas. This plan was submitted to the City, and some changes are still required. Utilities had a comment about not putting Oak trees in the utility easement. Those trees were moved out of that area. City Manager Parker asked Mr. Morton if he was saying that whatever is allowed by the other agencies to be permitted around the lake planting zone and the preserve area he still intends to plant in accordance with the previous plan that the agreement specifically addressed with the buffer zone. Mr. Morton said this was not his understanding. His understanding was that when they changed the entirety of the lake area, the plan was different than what was originally shown for the area. Mr. Morton said the applicant put in the trees, but eliminated the littoral zoning plantings because they are no longer required by South Florida Water Management. City Manager Parker advised that they are still required by the City by virtue of approval of the plan. There was never any intent to change the landscape provisions of this plan. Mr. Morton feels that by sitting down with Leisureville representatives and discussing the changes to the plan, they changed the tenor of what was being installed in that lake. What was planted is allowable and acceptable. Attorney Cherof advised that this is not an issue the Commission needs to micromanage. Condition #44 will be included in the adoption. The documentation will have to fall into place, and this will be resolved at an administrative level. The Commission does not have to try to interpret documents that are not before the Commission. Comment #46 Mr. Morton advised that the same thing applies to Comment #46 which is a housekeeping item among the City Attorney, Planning, Engineering and the applicant which involves the north property line of Cracker Barrel and the south property line of the church parcel. City Manager Parker advised that the reason this appears now is because it has been disCussed many times, and the situation still is not corrected. Staff felt that the situation might be corrected if it is a condition of plat approval. Mr. Morton said this is not the applicant's issue. He has a corrected property line which is the north property line of Cracker Barrel. The problem involves the fact that in 1990, when the plat came in and the development orders were written, there was a scrivener's error. Mr. Morton said he cannot do anything about this. This is a situation which must be worked out with the City Attorney and staff, and Mr. Morton will assist. Attorney Cherof again advised that Comment #46 will be included and this issue will be MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 resolved one way or another. Mr. Morton objected to this as a condition of approv, al. Comment #54 Mr. Morton advised that Comment #54 is not a problem. The applicant will extend the wail around that portion of the lots or install a fence with specific landscaping for buffering. Mr. Haag asked if this will be common ground or part of the lot. Mr. Morton said he will be submitting a site plan for the entrance feature. The most likely probability is that they will run a fence. He is not certain if it will be common ground or part of the lot. Mr. Haag advised that staff will accept it either way, but the comment says common ground. Comment #55 Mr. Morton said the applicant will take this comment into consideration when he submits a site plan for the pool area. Comments #57 and #58 Both of these comments deal with the plant material and what makes up the buffer between Lake Boynton Estates and this property. On Comment #57, staff took Gary Lehnertz' plan and used the plant material shown on that plan (the same plant material shown on the applicant's plan at this time), and made comments that define the trees, hedges, and shrubs. In discussions with Mr. Haag this morning, there was agreement that there are two problems. The applicant agreed with Mr. Lehnertz' plan and tried to locate the material so that it is acceptable with the FPL guidelines for planting materials in or near their easement areas. FPL provides a brochure which lists recommendations on where to plant trees. There is a minor line that runs behind these houses. The applicant has tried to keep some of the canopy trees as far away from the power lines as possible. These are the trees recommended by Gary Lehnertz. Comment #58 then says that if the applicant follows FPL's guidelines, there will be a problem with some of the trees. In discussions with FPL, they do not have a great concern. They would prefer the use of smaller trees, but the applicant has complied with the Lehnertz plan. Another issue between Comments #57 and #58 involves timing. The City wants the entire 20 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 buffer installed prior to the issuance of a Certificate of Occupancy of any recreation structure, sales model facility, or residential unit, whichever comes first. This is a timing issue because a sales model will be put up while land development work is being done. It does not make sense to install a berm at that time. It would be better to install this berm commensurate with the first CO for a residential unit on the property. Mr. Haag advised that the biggest issue staff has with both the approved plan and the proposed plan is the overhead power lines. Mr. Morton has enhanced the plan by adding material to it; however, there are still large canopy trees within 6' of the FPL easement. On the Gary Lehnertz plan, the north row of trees, which are about 50' on center along the entire buffer, are right on the easement. The location of the trees is staff's concern. Mr. Haag does not believe it is wise to plant large canopy trees underneath power lines. Mr. Morton pointed out that the Gary Lehnertz plan has the trees underneath the power lines. His plan moved the trees 6' to 10' south of the power lines. If staff wants to change the species on the plan, when the applicant comes in for site plan approval for the berm, those discussions can take place. Mr. Haag recommends changing the species to one that can be planted either with the Lehnertz plan or the proposed plan. Mr. Morton has agreed to plant a smaller tree. If that happens, the City would want to increase the number of trees. City Manager Parker feels the neighbors would want the canopy trees as opposed to smaller trees even though there may be more of them. Commissioner Bradley pointed out that 6' to 10' is not going to make much difference in five years when the trees are mature. FPL will have the same problem cutting those trees at that time. Mayor Taylor recommends staying with the original plan, moving them 6'. He does not have a problem with them not being in place when the sales office goes up, but he does have a problem waiting until the first CO. Mayor Taylor felt the installation of the trees would be a good marketing tool. Mr. Morton explained that the builder and developer must make the decisions relative to marketing. If they feel it is necessary to put in the landscaping berm sooner because of marketing, then at least it will be their decision. During land development, the workers will take home some of the trees, or ride the bulldozer up on the berm. This creates unnecessary problems. The sales activity on the site at that time is confined to the sales area because the remainder of the site is full of activity for sewer, water, paving, and drainage. A visual berm is not effective at that time. Mr. Morton added that the berm is already in. The landscaping needs to be added. Mr. Morton explained that the irrigation has been vandalized. Mr. Morton advised that this buffer is Kennedy Homes' responsibility. 2t MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Comment #63 Mr. Morton said the applicant included sidewalks on both sides of the street in the entire community with the exception of the three lots inside the cul-de-sac in the northwest corner. The applicant would prefer not to put the sidewalk in that area. ,Comment #72 With regard to the undisturbed area (which appears in Comment #72 and in other comments) the applicant does not object to Kevin Hallahan's recommendation to remove the exotic vegetation to his satisfaction, and if other material is needed in the area, the applicant will plant it. (This appears under Comment #31 .) The applicant is not running the berm around the perimeter because it is a buffer of 80' at some points. They are proposing to end the berm at the lots that are to the west of the cul-de-sac (Lot 7), and leave the undisturbed area totally undisturbed. City Manager Parker read Comment #31, and pointed out that it does not say this is a recommendation. The comment explains that staff can only evaluate the site after the exotic vegetation is removed. Mr. Hallahan is reserving comment on this until he sees what the site looks like after the exotics have been removed. Mr. Morton said he agrees with that comment. Once the exotics are removed, if Mr. Hallahan wants additional material planted, the applicant will plant that material. Mr. Morton does not want to put in a berm in addition to what Comment #31 already requires. The applicant will comply with exactly what Mr. HalIahan recommends. Mr. Haag clarified that the approved master plan did not show a lot layout, but does show the berm continuing all of the way over to SW 8th Street. Staff's position is that there is a requirement for a berm. Mayor Taylor confirmed with Mr. Morton that his intention is not to include a berm in the portion of the undisturbed area if Mr. Hallahan determines that the vegetation is adequate after the exotics are removed. City Manager Parker asked Mr. Morton what his plan includes if Mr. Hallahan determines that a berm is needed around the entire perimeter as shown on the plan today. Mr. Morton does not believe that will happen. However, if additional trees are needed to keep the buffer strong, that will be done. Mr. Morton does not want to be required to put the buffer in. He would prefer to leave that decision to Kevin Hallahan at a later date. Commissioner Bradley confirmed with Mr. Morton that if Mr. Hallahan decides Mr. MoTton needs to put in the buffer, he agrees to do it because he trusts Mr. Hallahan's judgment. 22 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Comment #70 A 25' height limitation was established on two-story houses. Because of modern architecture, some two-story houses are taller than 25'. The applicant is requesting a 30' height limit to allow for the ceiling heights on the first and second to be 12' and then have a roof elevation that wiil be approximately 6' above that. MayOr Taylor did not object to this request. The Commissioners confirmed their agreement to change Comment #12 to read, "Minimum street right-of-way width for a local street with 2 mountable curbs is 40 feet; with swales minimum right-of-way width is 60 feet. Chap. 6, Art. IV, Sec. 10C, pg~ 6-11 ". Carol Fretwell, 713 SW 3 Avenue, said that with regard to Comment #73, other developers have been made to conform in advance, and this developer should also be made to do so. Ms. Fretweli feels that Mr. Morton's approach is that he is entitled to do everything within 45 days. He uses the term "better served", but she wonders who is being better served. This property has been in disrepair for over ten years. Mr. Morton makes promises for other owners' properties, but then comes back and says he cannot make these owners do what he promised they would do. She sees an image of "smoke and mirrors" and feels Mr. Morton is a magician. He brings projects forward for City Commission consideration, and then he stands at the podium and offers to consider things he is supposed to do. Ms. Fretwell would like to see this project go through so that it is developed and this issue is closed; however, there are reasons for each of these steps. Mayor Taylor assured Ms. Fretwell that the City Commission knows which department is placing conditions on the developer. When a developer brings in a project, he presents his viewpoint. Doing the landscaping later in the development process saves money. It is up to the City to decide whether or not to allow that. This is a right that the developers have. There are over 70 conditions placed on this developer. He has agreed to almost all of those conditions. The City Commission has to make sure that the interests of the City are being preserved. The developer is trying to make sure his interests are being preserved. Mr. Morion has lived up to his promises with regard to RaceTrac and Cracker Barrel. Mayor Taylor feels Mr. Morton has dealt with him in a fair manner up to this point. Mr. Morton reminded the Commissioners that he has agreed that RaceTrac will comply or he will comply. Vice Mayor Jaskiewicz confirmed with Mr. Morton that Comment #74 is acceptable. Vice Mayor Jaskiewicz asked Mr. Morton to comment with regard to Tambri Heyden's suggestion about pie-shaped lots. Mr. Morton stated that the developer would lose three 23 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 or four lots to go to radiuses. Rick Wohlfarth, CCL Consultants, said there are two very important points. If the radius is brought around, Lot 43 and Lot 21 are very close to the roadways. What the developer is really dealing with is a driveway that is servicing one icl. It is an extension of a driveway. From a planning perspective, Lots 44 and 22 will be the most desirable and wilt sell the quickest, if you provide an eyebrow, each lot below must be narrowed. That will result in the loss of two lots. To widen the pie to allow 20' setbacks, the developer will lose three to four lots. The developer tried to provide a plan that was satisfactory to the neighbors. This is an acceptable alternative. If the developer accepts the recommendation, he will lose three or four lots. Mayor Taylor feels that although the developer might lose a lot or two, the lot remaining would be much larger and could be sold at a higher price because it would be an ideal place to buy. Mayor Taylor does not want to set a precedent of doing dead-end lots. He would rather see the eyebrow. Commissioner Bradley agreed with the Mayor's remarks. Vice Mayor Jaskiewicz would not support setting a precedent because it will carry over to other developments. Mr. Morton agreed to go along with this suggestion as long as there is a compromise in that the minimum radius size for the front be reduced 20'. The house will be set back in the right spot, but the developer would be able to get more lots in by having a smaller radius. They would eliminate the dead-end to do that. A couple of lots will be eliminated, but the number will not be four. Mr. Haag said it should be 31.5' at the building line and 15' back. This would follow the regulations in the Code. Mr. Morton said he will try to redesign it and work with staff. Mayor Taylor agreed to leave this comment in and let staff work it out. Comment #27 Commissioner Bradley feels the Mayor's comments were correct in this regard. Marketing this entire area would be enhanced by completion of these medians because it will benefit the look overall. Comment #54 No objection 24 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Comments #57 and 58 Mayor Taylor reminded everyone that there was a consensus of the Commission to go with the 6' and use the larger trees. Attorney Cherof advised that Comment #57 will be included, and Comment #58 will be rejected. Mr. Morton stated that the physical earth berm is already installed. Kennedy Homes will be coming in with the plat, site plan for the recreation area, and site plan for the plantings on the berm, the entrance, the card gate, and other different things. They will include their building plans for permits. Kennedy will not close on the property and move forward until they are assured the plat is approved. Under the contract, Kennedy has the responsibility of installing the planting material on this berm. They have agreed to do that, but will not do it until they close on the property. Mr. Morton would like a trigger attached to this so that Kennedy Homes will install the plant material prior to issuance of the first CO on the first house. Since this suggestion was not acceptable to the Commissioners, Mr. Morton suggested that the trigger be when the sewer and water are accepted. Mr. Hukill explained that if the City Commission accepts installation at first CO, it will be nine months or more before the planting is done. If we wait until water and sewer is approved, the planting will come in with final approval of the required improvements which do not begin until the plat is recorded. Therefore, the time line is still the same. If the business problem is that the buyer will not buy until the plat is recorded or approved, then the thing to do is place a time limit on it and not issue any permits, except the development permit, until the installation is complete. Bruck Minik, 718 SW 4 Avenue, agrees with Mr. HukilI's remarks. He does not feel the residents or the City should have to wait nine months for this landscape barrier. During construction, the residents will be exposed to the noise and dirt from that project. He further pointed out that no one is maintaining the buffer zone at this point. The grass and weeds have not been cut for a year. He asked for clarification regarding the setbacks of the homes on the northern boundary of this project, and asked what will be put in place on the northwest corner of the project at the cul-de-sac. Mr. Morton advised that the setbacks will be 40', and the area in question is part of the undisturbed area. Mr. Morton agreed with Mr. Hukill's suggestion to place a time limit on the installation of the landscape material. He recommends a 180 day time limit. Mr. Hukill disagreed with 180 days because that would still result in nine months before this planting is done. Mr. Hukill recommended that the Commission require the planting to begin immediately following plat approval. Commissioner Bradley recommended requiring the planting to completed 90 days after plat 25 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 approval. Mary Fornataro, 718 SW 4 Avenue, said she received the notification of this meeting yesterday, and the notice said the application would be addressed by the Commission on September 3, 1996 rather than today. She explained that this is the fourth of fifth meeting the residents have attended on this same subject. She felt the residents made their wishes clear. The buffer behind her home is a pile of sand. She has complained about this area because it has not been mowed in at least a year. She requested that maintenance begin in this area. Vice Mayor Jaskiewicz explained to Ms. Fornataro that she received many calls from the residents who have concurred with the basic plan. Mr. Morton assured Mayor Taylor that Trammel-Crowe is hiring a new maintenance contractor. Mayor Taylor advised Ms. Fornatare that the City Commission has addressed the concerns of the residents with conditions regarding the buffer and landscaping, recreation, and the sidewalks. Mayor Taylor is confident with what the Commission has done up to this point. The Commission has now decided that the landscaping is to be completed 90 days from plat approval. Attorney Cheref advised that the Planning and Development Board meeting at 7:00 p.m., on Tuesday, September 10, will address this application. The public can comment at that time. Consensus There was a consensus of the Commission to allow the 30' height for the two-story structures. Mr. Morton asked for clarification on the issue of the sidewalks in the cul-de-sac. Mayor Taylor advised that he would not support Mr. Morton's request to eliminate the sidewalks in that area. Mr. Morton agreed to put in the sidewalks adjacent to the houses. Mayor Taylor clarified that the only condition the Commission is changing is Comment #12. That change permits the street width to be 40' rather than 50'. He is comfortable with all other conditions including the comments made by the Commission this evening. Motion Vice Mayor Jaskiewicz moved to approve pending all of the recommends by staff are adhered to. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Attorney Cherof advised that the motion should include everything with the exception of Comment #12. He reviewed Exhibit "F". Everything on Page 1 is included with the exception of Comment #12, which is rejected. On the additional comments sheet, Comment #12 will read as follows: Minimum street right-of-way width for a local street with two mountable curbs is 40', with swales, minimum right-of-way width is 60'. On Page 2, Comments #17 through 33 are all included. Comment #27 has been changed to require the landscaping "90 days after plat approval at which time all building permits and certificates of occupancy issuance cease". City Manager Parker explained that the City Commission has agreed with the requirements of the comment relative to medians being in prior to recording of the plat. Attorney Cherof repeated that Comments #17 through 33 are included. Comments #34 through 47, 48 through 56, and 57 are included with the last paragraph of Comment #57 deleted. In its place, add: The entire berm and landscaping to be installed within 90 days of plat approval. Failure to complete construction shall operate the barring of the issuance and any permits and Certificates of Occupancy. Comment #58 is rejected. Comments #59 and 60 are included. Comments #61 through 69 are included. Comment #70 is modified to read: The maximum height is established at 30' rather than 25'. The remaining comments are included. Mr. Morton asked for clarification on the timing of the median. He questioned whether the Commission wants it irrigated and installed prior to the time of plat. Mayor Taylor responded affirmatively. Mr. Morton explained that he will be coming in with modifications to the medians, and all of that landscaping will have to be removed. Mr. Morton also added that with regard to Comment #59, there is a 12' utility easement. Half of the easement is in the berm and half is in the utility easement. The applicant has agreed with the recommendation of the Utilities Department not to put in Oak trees or Gumbo Limbo. The applicant will install Palm trees, and they would not be put over the force main. Therefore, the applicant has slightly modified the landscape plan behind Lots 8 and 9. The comment is actually saying that the applicant must move six additional feet in, and that would make the lots difficult to build on. 2'7 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 City Manager Parker advised that staff's recommendation is that the applicant move the easement 6' to the south so that larger plants can be installed and there will not be any encroachment to the south. Mr. Morton asked for authorization to allow those two lots to conform to the Lehnertz plan for 19', but in the last 6', allow them to put in Palm trees and other material approved by staff. In response to Mayor Taylor's question about whether or not the staff would have a problem with this suggestion, City Manager Parker stated that staff is willing to work with Mr. Morton. However, staff did not want Mr. Morton to use the utility restriction to eliminate landscaping items that were requested. Staff wants the flexibility to request the shifting of the easement so that we can keep the full landscaping as opposed to decreasing the landscaping. Attorney Cherof advised that Comment #1 and Comment #59 give staff and Mr. Morton the opportunity to work this out. Mr. Morton would like agreement that he does not have to move the easement 6' to the south. In those two particular lots, he will use the plant material recommended by Pete Mazzella rather than planting Oak and Gumbo Limbo. Mr. Haag pointed out that in Comment #1, the Utilities Department is concerned about where the tree is planted and the extension of the limbs. Utilities feels the tree is in the easement even when the tree canopy is in the easement. Commissioner Titcomb suggested that this item be worked out with staff without changing the conditions. Mayor Taylor questioned why staff has a problem with Mr. Morton changing the trees in this area. City Manager Parker explained that the Palm trees will not provide the same buffer that the canopies of Oak trees provide. In addition, Mr. Haag explained that this area begins at Lots 8 and 9 and extends into the cul-de-sac area. Attorney Cherof suggested adding language at the end of Comment #59 which states: Obtain staff approval to use substitute plantings along this portion of the buffer. City Manager Parker pointed out that by moving the easement, staff does not know how much of the back yard is a problem. The property owners need to use their back yards. Mr. Haag explained that these lots are deeper. They measure 125' deep. The setback to the building is 40' to the north property line. The edge of the easement is 3' from the 28 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 buildable area that Mr. Morton established. Commissioner Bradley realized that the only real loss would be on the property description. They would have buiidable area up to the limit. City Manager Parker recommended that Mr. Morton be allowed to plant Palm trees instead of Oak trees in this particular area, but must plant two Palm trees in place of every one Oak tree. Mr. Morton was agreeable to this solution. Motion Vice Mayor Jaskiewicz moved to approve with changes as outlined in Attorney Cherof's reiteration of going through the conditions and verbiage stated. Commissioner Bradley seconded the motion which carried 5-0. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 9:45 P.M. IX. NEW BUSINESS: A. Items for discussion requested by Commissioner Matt Bradley Qualifications for student appointments to the Advisory Board on Children & Youth Commissioner Bradley stated that he solicited a young woman who is a member of his church for membership on the Advisory Board on Children and Youth. When she agreed to serve, Mayor Taylor appointed her as a ReguladStudent member of the board. Our Code requires all members of this board to be residents of the City. Mayor Taylor was unaware of the fact that she was not a City resident. She attended a meeting and was a contributor. There are three student positions on the board, Two of the positions are voting members; the third is not. Commissioner Bradley suggested that the third student position include criteria to allow participation by a student from outside the City. The Commissioners were in agreement with this suggestion for the following reasons: This person could provide input on things that are going on outside of the City limits; Many times, student member positions remain vacant for the entire year; and 29 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 This suggestion is consistent with discussions during the Vision 20/20 Conference which involved having non-resident participation on some of the boards. Since the Ordinance contains a residency requirement, a change will be made and the Ordinance will be brought back at the next meeting for first reading. In the meantime, the young lady who was appointed can contribute to the board from the audience. B. Appointment of Civil Service Task Force Members 1. Select date for workshop with the Civil Service Board At the Commission's request, City Manager Parker spoke with the members of the Civil Service Board relative to having a joint workshop meeting. Dates were provided for review by the Commission. Consensus There was a consensus of the Commission to hold a joint workshop meeting with the Civil Service Board on September 18, 1996, at 6:30 p.m., in the Library Program Room. Consider storm drainage improvement program City Manager Parker reminded the Commissioners that she discussed this subject earlier in the meeting. In the back-up material, she listed four streets for Phase I of the program. Staff will bring the Commission a listing of other roads (19 areas) that need work in the retention areas. She confirmed that the City is not providing irrigation. Only sod will be provided. The City has advised the residents that they must maintain the swales. Vice Mayor Jaskiewicz is concerned that consistent parking in the swales will result in the same problem that now exists. She feels the timing might be right to revive the Ordinance relative to parking in the swales. Commissioner Bradley felt it is necessary to address the issue of people who park in other people's swales. He received a telephone call from someone who reported that gambling is occurring in the area where he owns property. He does not want these people to park on the swale, but he does not own the swale. City Manager Parker explained that the City can enforce the Ordinance that prohibits parking in the swales. 30 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Vice Mayor Jaskiewicz suggested that the Commission consider an Ordinance that limits the amount of time someone can be parked in a swale. In commercial and industrial areas that are contiguous with residential areas, the property owners experience this problem. James Miriana asked if any consideration has been given to the area on SE 7th Avenue and SE 8th Avenue. Mayor Taylor explained that this program is just beginning. The City Manager is putting together a priority list similar to our resurfacing program. City Manager Parker advised that if the Commission is in agreement with the concept of this program, staff would require authorization to proceed. Each phase will come back to the Commission as a special assessment project. Motion Commissioner TiIIman improvement program. unanimously. moved to allow staff to move forward with the drainage Vice Mayor Jaskiewicz seconded the motion which carried D. Consideration of Boynton Marina Incentive request City Manager Parker advised that Mr. Garcia submitted a request for the City to look at economic incentives for this project. The mechanism of the Ordinance has not been adopted yet. The City Attorney is working on that now, and we should have that available for first reading at the next meeting. That Ordinance will set forth the criteria in the downtown area for any property owner requesting incentives. These requests would come to the Commission on a case-by-case basis. Waiver of all City Permit, Inspection and Impact Fees - Since we do not have a specific site plan and items approved, it was necessary to estimate the costs. The estimated cost is $4,500. Interim Service Fee - This fee is on a month-to-month basis based on the CO. This fee could range from a Iow of $1,703 to a high of $19,655. Building Permit Fee is 1.6% of the value of the project. This figure is $240,000. The boat storage component is approximately $24,000 of that total fee. The Impact Fee equals $189,963. The City has set aside $600,000 in the budget for payment of impact fees. The City would be moving this money from one account into 3t MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 another account in the Water and Sewer Fund. Mr. Garcia has asked the City to provide drainage. This site has muck and there is an environmental issue associated with it. We do not know the extent of the environmental issues, nor do we know the pretreatment requirements into the Intracoastai. The DOT may have some excess capacity in the new retention pond they are building at the corner of Ocean Avenue and 6th. If DOT allows Mr. Garcia to drain into that pond, that would be a relatively Iow cost solution to this problem. If not, it could be very expensive. Therefore, no cost estimates for drainage are available. In addition, City Manager Parker has another concern with the drainage issue which involves the City doing work on private property. Water and Sewer - The total for both items equals $415,554. Waiver of Real Estate Taxes During Construction - The City has no authority to waive real estate taxes. Waiver of Property Assessment for a Period of Five Years - The City has no legal jurisdiction over the amount of the property assessment. Paving of Boynton Beach Boulevard - We provided a estimate for the end of the pavement now and taking it forward to where the driveway would connect at the northwest corner of the property. This estimate is $50,000-75,000. The total amounts to $9414,672 of which the water and sewer would be an actual cash outlay along with the paving of Boynton Beach Boulevard. At present, the County has approved $150,000 for water and sewer work. We would have to resubmit for that grant so that we can be requalified. However, they are holding that money for us if this project qualifies. Steve Baugh, representing Mr. Garcia, asked if the sewer line is included in the figure. City Manager Parker responded affirmatively. City Manager Parker advised that the previous developer's project was in excess of this development. It was in the $55 million to $79 million range. The City's incentives were in the neighborhood of $10 million. Mayor Taylor feels the funds for building and impact fees would have to come out of the funds that were budgeted for development. That would leave interim service fees, water and sewer and Boynton Beach Boulevard. He feels we should approach the State to assist with Boynton Beach Boulevard since that is a State road. These would be the enticements necessary to get a $15 million development in our downtown, and Mayor Taylor is in favor 32 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 of this project. Commissioner Tillman pointed out that a few meetings ago, representatives from the Vision 20/20 Conference requested hiring a consultant. City Manager Parker explained that the consultant will be pulling out planning items including revising the downtown development plan, the Martin Luther King, Jr. Boulevard Corridor plan, US #1 and Boynton Beach Boulevard Corridor plans. The RFP for that consultant will be on the next agenda, but the consultant will not be hired until December of this year. The report will probably be ready nine months after the consultant is hired. Commissioner Tillman has a problem providing these incentives for only one project. He would like to wait on a decision until the consultant provides a recommendation. Mayor Taylor explained that this is not a unique situation. We offered similar incentives in Quantum Park. Mayor Taylor's understanding of the work to be done by the consultant is that he/she will look at overlay plans on how to change our zoning. The City has been working on this marina project for a long time, and Mayor Taylor does not want to wait for a consultant to be hired and for a report that might take an additional year to be prepared. Commissioner Titcomb expressed his opinion that regardless of which project goes in, he wants a total footprint commitment. He does not want a project to go forward and have us wind up with a portion built and a portion unconstructed. If the Commission agrees to incentives, there must be a commitment. He feels the incentives should be tied to the developer's time line and commitment to the project. He is concerned with making an agreement and then having the project sold off. Mayor Taylor reminded everyone that during the workshop meeting, the discussion centered around the entire project coming on line before any COs would be issued. City Manager Parker advised that if the Commission conceptually approves the recommendations, the Ordinance would have to be passed. A developer's agreement would then be prepared and entered into with Mr. Garcia stating that the incentives are only good for a specific period of time. The issue of the COs would be included in the development agreement. Mayor Taylor wants Mr. Garcia notified that the Commission is not approving Items 2, 5 and 6. Commissioner Bradtey agreed with much of what Mayor Taylor said about this project and the fact that it is an important part of the development of our downtown. However, he is afraid that we may regret the fact that we are allowing boat storage in this area because this project may not turn out to be the draw the City is looking for. He is not in agreement with the people who suggested that the boat storage be built, and if we don't like it, we can MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 take it down. He realizes that once it is built, it will be here to stay. He checked into the idea of a conditional use to limit the use to a certain period of time, but this is not a feasible option. He realizes that the City will benefit from this project, but the City will benefit much more from a project on these seven acres and on the surrounding 20 acres which will involve the use of overlays. While he appreciates what Mr. Garcia is trying to do, he does not believe this project will do what the City wants it to do. He stated that the people whose opinions he values the most are two to one against boat storage. He will get behind the project, but he does not think the Commission is moving forward with farsighted vision. Mayor Taylor explained that he has heard the same type of comments from people who feel we need a greater project on this site. However, no one else has come forward with a development plan. He does not believe this project will be the "do all", but he does believe it will be the spark to bring in new commercial to this area. He envisions this project to go all the way to Seacrest Boulevard. This particular parcel is small. This project is a start. The proposed restaurants for this site will create traffic in the area. Mayor Taylor knows of no one who wants to invest $70 million er $80 million in the hope that someone will come down to Ocean Avenue. This project will help to make the surrounding properties much more valuable. Although boat storage is not ideal, we must give something to get something. Mayor Taylor does not want to wait any longer. He wants to see something happen. Vice Mayor Jaskiewicz sees this project as a user-friendly project. After researching the minutes, she realized that there are people who are objecting to this project today who were in favor of it when it was the Lighthouse Marina. She does not understand what happened to change their viewpoints. D. K. Minck, manaqement a.qents for Boynton Beach Plaza, asked if this was a hearing for site plan approval, or only a discussion of incentives. Attorney Cherof explained that this is net a use approval. City Manager Parker said the official approval of the boat storage usage is a conditional use and must have a public hearing. The site plan approval must come through and the incentives must come back and be tied to square footage of retail, residential, restaurant, or office space. Vice Mayor Jaskiewicz requested that the City Attorney draw up a guide that would be applicable to others in the area. Motion Vice Mayor Jaskiewicz moved to accept Proposals #1,3, 4, and 7. Commissioner Titcomb seconded the motion which carried 3-2. (Commissioners Bradley and Tiliman dissented.) E. Review and approval of Downtown Facade guidelines and application 34 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, City Manager Parker asked Mr. Hawkins to provide a brief summary. This progran augmented with a grant from the County to do interior improvements as well as fa improvements. 1996 was cade Mr. Hawkins advised that the County dollar portion of this program is not yet settled. We have not completed the written agreement between the City and the County. The County is writing the agreement with each City; therefore, we will develop our guidelines for that portion of the program after that agreement is complete. Staff will bring back that portion of the program. Tonight's discussion centers around the City portion of this program. In response to Mayor Taylor's question, Mr. Hawkins advised that the County is dealing with this on a city-by-city basis. They are talking with each city to see exactly what will be done. Mr. Hawkins is dealing with Pam Nolan. City Manager Parker explained that the City's facade program is for residential and commercial properties. The County dollars are for commercial properties only. In addition, the City guidelines are for the exterior improvements of the building, and the County dollars are for the interior of the building. The hope is to get these funds together so that the inside and outside can be done together. Commissioner Bradley asked how a determination will be made regarding the lending institutions. Mr. Hawkins advised that we are working with lending institutions through written agreements in our BHIP program. We will continue to deal with those same institutions. We will develop an agreement which will work out the details. We will be working with Barnett Bank, First Union, SunTrust, and Nations. In the BHIP, the City was able to get the banks to agree to charge interest rates lower than the market rate at the time the application was filed. We will try to work out similar arrangements. Banks are generally not supportive of fee waivers, but we will try to get them all to agree to some type of fee waiver. The City will pay the interest on the loans that a qualified business applicant gets approved through a participating bank. This is a two-step approval process. The businesses will fill out a City application which will require City approval. Once approved, the applicant will go to the bank that is participating and fill out a bank loan application. The City will provide advice to help them meet the qualifications; however, we do not intend to get involved with the bank approval process. These loans will be secured loans, and the loan agreement will be between the business and the bank. If the business goes out of business, the City will stop the interest payment on the loan. Vice Mayor Jaskiewicz expressed concern that tenants will be allowed to apply for these loans. Mr. Hawkins explained that the application requires dual signatures. The landlord and the tenant will have to sign the application. We will let the banks know that both 35 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 parties are aware of what is happening when they apply for the loan. The City will not be guaranteeing any leans. The easement situation will allow the City to have a say on the upkeep and what goes in when the improvements are made. Mayor Taylor asked who in the City will make the decision regarding which applications we will support. Mr. Hawkins said the Community Redevelopment Officer, Community Redevelopment Specialist, Economic Development Coordinator and a Construction Manager will have that responsibility. Mayor Taylor understands that the City may be able to make this program retroactive for the people who have already made improvements. City Manager Parker explained that four people applied and only two have done some work. One of the applications is for a residential house on Ocean, and the other is Cathy Barrista. There were several others who expressed interest, but they have not moved forward with any work. Mayor Taylor asked the following question: If Cafe Barrista took out a $30,000 loan for remodeling, how will the City decide which part of that loan was used for the outside of the building, and which part was used for the inside of the building? · City Manager Parker advised that we have a construction breakdown which lists individual items. For the two people who have already done the work, the City may have to handle the interest situation in a different way because a percentage of the interest would be involved. Both of these applications have been submitted in the last two years. Mr. Hawkins feels the City Commission needs to make a decision on how far back to go for people who have made improvements. It is his recommendation that we do not go back further than 12 months. Based on comments from business people, the City has not included aesthetic regulations in the agreement. We will allow people along the corridor to come to an agreement on colors and textures. We are developing a portfolio of canopies and awnings, and we are looking at textures that can be applied. We will provide advice on what we think will work. We want to allow the people to be creative; however, if someone comes in with something that is not compatible, the application will be denied. City Manager Parker reminded the Commissioners that the City has an adopted downtown plan that has colors and a nautical theme. Bob Currie provided a sketch of the fronts of buildings for the Ocean Avenue 500 Block. We will have to combine those items because the downtown plan is codified in the planning regulations. Mr. Hawkins explained that if the Commission is pleased with the program as stated, staff will move forward with the agreements with the banks, develop a marketing strategy, and set a date to begin accepting applications. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Commissioner Bradley asked that Items b through f of Item 15 (Guidelines) be changed to include the "not to" phrases. Motion Commissioner Bradley moved to proceed forward to approve the Downtown Facade Guidelines and application procedure and to make this retroactive to projects that were previously approved and completed in the last 12 months. Commissioner Titcomb seconded the motion which carried unanimously. LEGAL: A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 096-39 Re: Repeal in its entirety of the current swimming pool and spa code set forth in Ordinance 092-43 and providing for the creation of a new swimming pool and spa code Attorney Cherof read Proposed Ordinance No. O96-39 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O96-39 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O96-40 Re: Adopt Standard 1994 Building, Gas, Mechanical, Plumbing Code and National Electric Code (1996 Code) Attorney Cherof read Proposed Ordinance No. O96-40 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 B. Ordinances - 1st Reading: None C. Resolutions: None D. Other None XI. UNFINISHED BUSINESS: A. Approval of Itinerary for City Manager Candidates City Manager Parker referred to the suggested itinerary which was included in the back-up material. There has been a request from Commissioner Tillman to delay the individual interviews until 4:30 p.m. on Friday. As an alternative to the suggested itinerary, the reception can be held on Thursday evening instead of Friday at City Manager Parker's home. A tour of the City would be conducted from 9:00 a.m. until noon, followed by lunch with the department heads. There would be free time from 1:00 p.m. until 4:00 p.m. At 4:30 p.m., the individual interviews will begin and continue until approximately 9:30 p.m. In reviewing the itinerary, the Commissioners decided to invite only the Chairperson of each advisory board to the reception. If the Chairperson cannot attend, no one else will be invited to attend in his/her place. The department heads will not be invited to the reception, but will have lunch with the candidates on Friday. At 9:00 a.m., Saturday, the interviews will begin again. The Commission will spend approximately one hour with each candidate in a group forum. There will be a lunch break following those interviews. The City Commission will reconvene after lunch to narrow the list of candidates to three. There wilt be time remaining to interview each of the remaining candidates for 30 minutes each. The group interviews on Saturday morning are open to the public. At the Commission's request, a list of suggested questions can be prepared. It is important to keep the questions similar for each candidate so that there will be a comparison of the candidates. City Manager Parker pointed out that the salary range has been advertised between $75,000 and $90,000. Mr. Donaldson will do the contract negotiations for the Commission. Attorney Cherof advised that the only time the Commission must be public would be during the selection part of this process. There is no requirement under the Code or Statutes that 38 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 requires the Commission to conduct public interviews. The Commissioners can meet individually with the candidates for the purpose of interviews. The Commissioners would not be able to meet collectively with them. In addition, there is no requirement that the selection must be made at the end of the process. That selection can be deferred to the next regular City Commission meeting. If a selection is made, the meeting must be public, and, therefore, would require notice 24 hours in advance of the meeting. XII. CITY MANAGER'S REPORT: None Xlll. OTHER: Wilfred Hawkins, Assistant to the City Manager, advised that Pure Air was brought in as the project management team. We have spent the last two days meeting with the employees. The logistics of moving through the building have been determined and prioritized. Work will begin with the Fire Department and the West Wing, and then move into Communications, City Hall, and the administration area. The section of the building including the Chambers will be dealt with ~ast because of the amount of work to be done. Pure Air will be in the building on Monday to perform base line testing in every space. This testing should take two to three days, and we should have the results in 10 days. pure Air will hire the remediation contractor. People will be on site by the end of the month or during the first or second week of October. We will pick up the renovation work in Fire Station #1 immediately and then complete the remediation. Pure Air is developing cost estimates for the remediation. They will then look at the proposals submitted by the remediation contractors. Those estimates will be available by the end of next week. The employees have a good understanding of how we plan to proceed. They will be provided with information every two weeks. Pure Air will provide a computer-generated time line which will be given out on a two-week basis. A bulletin board will be present in the foyer of City Hall containing all information about the process. No completion date is available yet. Once the contractor is on board, we will have a better time line. We hope it will not take more than five or six months. Mr. Hawkins advised that very few people will have to be moved out of their spaces. The City Manager's Office and Finance will have to move to the Old School as well as the employees on the first floor of the West Wing. City Manager Parker advised that an Executive Session will have to be scheduled to discuss Clayton and Montgomery. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA September 4, 1996 Mayor Taylor welcomed Mr. Kotas, our new Economic Development Coordinator. XIV, ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 11.30 p.m. CiTY OF BOYNTON BEACH ATTEST: CityCclerk - cording Secretary (~Six Tapes) ~3ommissioner Commissioner G~missioner 4O CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS SEPTEMBER 4, 1996 AERIAL DATA REDUCTION ASSOCIATES INC ................. $ 78,422.85 Phase V/Automated Design Mapping, Pymt #2 Pay From W & S Util Rev Fund -- 421-000-0-690-21, $39,21 L43 421-000-0-691-21, $39,211.42 CH2M HILL .................................................. $ 55,986.95 Pymts on Task Orders #25, 26, 27, 28, 29, 30, Gen Eng, WWTP Expansion, Main Replacement, Lift Station Rehab, Well Rehab, Rate/Mgmt Study Pay From Various Funds CH2M HILL .................................................. $ 33,281.52 Pymts on Task Orders #26, 27, 28, Expansion, Gert Eng, Lift Station Rehab, Distrib/Pipe Repalcement Pay From Various Funds ERNST & YOUNG LLP ....................................... · · $13,369.28 Professional Services Pay From 1992 Public Service Tax -- 207-888-5-468-00 JOHN C. CASSIDY INC ........................................ $ 31,617.00 PO#9245. HVAC Modifications, Pymt #11 Original Contract Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $861,703.00 8,769.50 870,472.50 619,093.01 ' 31,617.00 $219,761.66 Pay From Public Serv Tax Cons-- 301-194-5-694-12 COMPreSSION SEP ~ AP~ ~U%~AL JOHNSON YOKOGAWA ...................................... $ 88,160.00 DACS Integration System/Contract #3 Pay From 1990 Construction Fund -- 409-000-0-690-10, $44,080.00, 409-000-0-691-10, $44,080.00 JOHNSON YOKOGAWA ...................................... $ 73,258.73 PO 9735. DACS Integration System/Contract C7, Periodic Est #3 Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 422,161.00 0.00 300,987.00 73,258.73 47,915.27 Pay From 1990 Construction Fund -- 409-000-0-690-10 LASERTURF SOUTHEAST INC ........ $ 29,231 00 PO 12258. Phase II/Tee Renovation Pay From GC Rev Fund -- 411-726-5-680-09 SCRWTD BD ................................................. $ 28,316.49 Cap Projects, Sink Fund Invg 904, 906, 908, 910, 912, 914, 916, 918. Pay From Various Funds A?P~ROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CITY MANAGER DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: WOOLBRIGHT PLACE PUD APPLICANT'S AGENT: Michael Morton, DATE OF HEARING BEFORE CITY COMMISSION: 9/4/96 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification LOCATION OF PROPERTY: Woolbri,qht Place PUD, a 14.05 acre parcel which is located on the east side of Southwest 8th Street, and is approximately 2,250 feet north of Woolbri,qht Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: '1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,/'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App[icant's application for relief is hereby v~ GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto. 'DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: September4, 1996 City/Clerk ~ LOCATION MAP WOOLBRIGHT PLACE P.U.d. POD I ;I FlEEr- -'1 ='C,-.- PU .i PUO ! 1/8 EXHIBIT "F" Conditions of A~)oroval Project name: Woolbdght Place PUD (POD 1) File number: MPMD 96-005 Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification. File #MPMD 96-005 with an August 16, 1996 Planning date stamp marking. PUBLIC WORKS Cornment~: NONE UTILITIES Comments: 1. The utility easement located in the rear of units 8 and 9 shall be located so that large canopy-style trees do not overhang into the easement. Palm trees and shrubs may be '/ placed within the easen~nt, but not over the force main. The easement shall also extend at least 10 feet from the force main to the easement line on the building side, so as to prevent encroachment by future structures including pools, screen rooms, etc.. 2. The same conditions shall apply to that portion of the easement running in a general V/ north/south direction (i.e. no overhang by large trees into the easement). FIRE Comments: NONF POLICE Comments: 3. In regard to the entrance secudty gate, a system that is accessible via telephone by the police/fire/utility departments. The telephone number would be made available to /' police/fire/utility communications. When entrance to the area is necessai'y, communications would activate the gates by telephoning the given number. This type of system allows for maximum security and less number of people knowing the telephone/access number. DEVELOPMENT DEPARTMENT Comments: 4. No building structure, screen enclosure, pool, or portion thereof is allowed within setbacks, either nov/or in the future. Chap.l, Art. Il,pg.1-30. 5. Project shall have under~round utilities to residential units. Chap. 2.5, Sec.9E, pg.2.5-7. 6. Show the locations of all temporary structures or permanent structures having a temporary use. Provide a statement outlining the temporary use and when they will be removed. Chap. 3, Art. IV, Sec.3R, P~1.3-5. ,/ 7. Provide a master stomwvater management plan. Chap.3, Art. IV, Sec.3T, pg.3-6. 8. Site plan review and approval mquireq. Chap.4, Sec.2, pg.4-1. 9 Plat review and approval required. ChaP.5, Art. Il, Sec. 1, pg.5-1. ',,/ 10. Provide certification by Developer's Engineer that drainage plan complies with all city codes and standards. Chap.6, Art. IV, Sec.5A, pg.6-7 and Chap.23, Art. llF, p~1.23-8. 11. Locate ~11 drainage easements. Chad 6, ArtlV, Sec.6B, pg.6-9. 12. Minimum street right-of-way width for a local street with 2 mountable curbs is 50 feet; with swales minimum right-Of-way width is 60 feet. Chap.6, Art. IV, Sec. 10C, p~.6-11. V acceptance prior to Engineering approval. Chap.6, Art. VII, 13. Need SFWMD and LWDD Sec.4B, pg.6-24. 14. Applicant's attention is directed to Chap.7, pg.7-1 regarding surety requirements. 1// 15. All landscaped areas shall be provided with an automatic water supply system· Chap.7.5, Art.ii, Sec.5B, pg.7.5-14. 16. Provide stop signs and stop bars in accOrdance with the "Manual on Uniform Traffic Control Devices"· Chap.23, Art. llB2~ pj].23-7. Page 2 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS I INCLUDE I REJECT 17. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, / paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permib required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 18. Revise documents to reflect all comments. 19. Verify which roads require naming (for mail delivery) with U.S. Postal Service. V 20. Indicate name of subdivision. Chap.3, Sec.3A, pg~ 3-4. ,,,/ 21. Show location, names and elevations of adjacent subdivisions. Chap.3, Sec. 3E, pg.3-4. 22. Show topographical conditions on tract. Chap.3, Sec.3G, pg.3-4, v/ 23. Provide general[zed statement of subsurface conditions. Chap.3, Sec.3M, pg.3-5, v/' 24. Show utilities on or adjacent to the tract. Chap.3, Sec.30, pg.3-5. 25. Dead end streets are prohibited. Chap.6, Art. IV, Sec. 10T, p~.6-14. V 26. Permits must be obtained for work within R.O.W. Chap.22, Art. Il, Sec.7A, p~1.22-3. 27. Complete irrigated landscaping in S.W. 8th Street R.O.W. including medians and areas outside pavement edges prior to recording of plat. This includes entire R.O.W. from approximately the south edge of the 14.18 acre church parcel to north terminus of S.W. 8th Street construction. Landscape design must be approved by the City Forester prior to installation, and the installation itself must be accepted by the City Forester prior to recording of plat. 28. Show location of relocated 12' utility easement approved by Resolution R95-66. 29. It is recommended that the streets are paved in two lifts. V/ FORESTER/ENVIRONMENTALIST Comments: 30. The applicant should submit landscape and irrigation plans for S.W. 8th Street medians and right-of-ways. The plans should be reviewed and approved by the Technical Review committee (TRC) for any possible conflicts. The plans should show quantities, specifications and species of trees with any undersfory plantings. A ~note should be on the plans that the maintenance of the landscape/irrigation ~mprovements will be provided by the applicant's commercial a$~m'~i~finq. 31. The undisturbed open area portion of the site can be evaluated as a vegetative, visual barrier only after all of the exotic vegetation has been removed from the site; There may be voids in the visual buffer after the clearing of exotics that will have fo be landscaped with native species and receive water until established. The present elevation of this open area is higher than S.W. 8th Street and may change as part of the project. These activities may affect whether the undisturbed open area can be used as a visual buffer rather than the applicant planting/irrigating a new buffer along the western perimeter of the project. The project should continue in the normal review PARKS AND RECREATION Comments: 32. As the developer has chosen not to provide five private basic park requirements, the submittal does not qualify for one-half credit for pdvate recreation. 33. Based on the number of single family units, the following recreation fee applies: 84 single-family units X .0180 = 1.512 acres As the developer has already paid one-half of the fee, his dedication is: 1.512 divided by 2 = .756 acres. Fee in lieu of land is recommended. Page 3 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 PLANNING AND ZONING Comments: 34. To provide a more efficient layout of the project regarding street design for services provided by the city such as fire rescue, emergency services and sanitation pick-up, it is recommended that the lot design in the northeast and southwest portions of the project be redesigned by omitting lots or creating pie shaped lots on a street radius rather than allowing the short dead end streets that do not have a cul-de-sac turn-around. 35. Submit a landscape plan for the area identified as open parcel area (undisturbed). The plan shall include grading elevations, type of landscape material, plant matedal specifications including type of lawn grass and irrigation requirements. 36. All parking spaces provided or required for the recreation pool area shall be designed to comply with the city regulations specified in the City's Land Development Regulations, Chapter 23 - Parking Lots. Amend the plan accordingly. 37. To maintain consistency regarding the building setback for the perimeter of the project it is recommended that the proposed forty (40) foot building setback remain around the perimeter of the portion of the site titled Open Parcel Area (Undisturbed), including the south property line of the proposed tract. 38. On sheet MP1 of 2, identify the new name of Morton's Way, as specified in resolution R96-112. 39. On sheet MP1 of 2, change general note I and 3 to reflect the method the developer is or has complied with the city's recreation requirement for the entire PUD. In describing the approved or proposed method, delineate the compliance by showing the computations per each pod or parcel within the PUD. 40. It is recommended that a twenty (20) foot setback be established around the recreation pool area. Show and dimension on sheet MP2 of 2, the 20 foot setback for structures and all recreation amenities. 41. It is recommended that the depth of lots 71 through 77 be reduced 0.5 feet to allow the depth of lots 78 through 84 to be increased from 95 feet to 95.5 feet which would establish a minimum lot size for the development of 4,037.5 square feet rather than the proposed 3,990 square feet. The present minimum lot size, in the city for single-family detached units, is 4,000 square feel 42. To clarify the minimum standards for the PUD, amend the project summaP/note 7 found on sheet MP2 of 2 as follows: Minimum lot size: 42' X 95.5' (4,037.5 square feet) Minimum lot frontage 42'* * Lot frontage shall be measured at the 15 foot front setback line for the following irregular shaped lots; 1-8 and 45-48. 43. On ~heet MP1 of 2, add a general note indicating that the PUD is subject to the conditions of approval of City of Boynton Beach Resolution R96-112 regarding the reduction in the width of Morton's Way. 44. Add to the master plan submittal the previously approved landscape plans for S.W. 8th Street, the water management area, lake plantings and the preservation area requirements. 45. Add to the site data found on sheet MP1 of 2, the density (number of dwelling units per acre) represented for the gross acreage of the PUD. Also identify the land use classification of the PUD as defined on the City's Futura Land Use Map. 46. On sheet MP1 of 2, amend the south border Of the Woolbright Place PUD on the west side of S.W. 8th Street to correctly identify the property line that separates the Woolbdght Place PUD from the Shoppes of Woolbright PCD as established by Ordinance 89-18. Ordinance 89-18 is the ordinance that established the PUD. Rectify the Woolbdght Place PUD plat documents to correspond with Ordinance 89-18. It is recommended that the land shown on the master plan within the Church Parcel that is not zoned PUD be rezoned, by the applicant, from PCD to PUD, unless othe~Nise determined unnecessary by the city attorney. Amend the legal description, plans and site data on sheet MP1 of 2 accordingly. 47. Sheet MP1 of 2 indicates that Pod 1 will have 5 common recreation amenities; however, the plans only reflect a pool. Correct the plans accordingly. Page 4 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS J INCLUDE I REJECT 48. On sheet MP2 of 2, modify general note 1 to indicate the 0.32 acre private recreation tract, the 1.47 acre open area parcel and the 2.64 acre pdvate road tract located within Pod I are owned, operated and perpetually maintained by the projects homeowner's ./ association. Include any other land area that is proposed to be common land for the development. 49. To cladfy general note 4 found on MP2 of 2, move the note to sheet MP1 of 2 and show on the plan the location size, and shape of the medians adjacent to the street frontage / of the subject PUD. It is recommended that the last three words of note 4 be changed from homeowner's association to Woolbdght Place Master Association, Inc. 50. Pdor to plat approval of Pod 1, Homecwner's Association documents will be required to be submitted for review by staff. The documents shall comply with the specifications identified in Chapter 2.5 - Planned Unit Development, Section 6 and Chapter 5 - Platting, Article V, Section 1 D 11 of the City's Land Development Regulations. 51. On sheet MP1 of 2 modify general note 9 by omitting the last sentence and adding the defined On plat within the PUD" before the period at the end of the first sentence. 52. To clarify the issue regarding location of fences on perimeter lots within Pod 1, move general note 9 found on sheet MP1 of 2 to sheet MP2 of 2 and place it below the typical tot drawin~ls depicfin~l lots with perimeter landscape buffer easements. 53. To clarify the areas of the project that will require site plan review, add text to general note 12 found on sheet MP2 of 2 indicating that site plan review is also required for the site wall or fence, landscaping for the open parcel and project signage located at the entrance to the site. 54. To provide privacy for lots 1 and 48, it is recommended that a common ground tract of land be shown on both sides of the entrance road. This can be accomplished by moving the adjacent row of lots to the north and south. 55. To provide privacy for lot 84 which is abutting the east side of the proposed private recreation pool, it is recommended that either the pool and cabana exchange locations V or the cabana and pool be rotated ninety (90) degrees in a clockwise direction. 56. Specify on sheet MP1 of 2, the approved total peak hour tdps that are allocated for the PUD and indicate how may trips are generated for the existing and proposed development for each parcel or pod identified on the master plan. Page 5 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS I iNCLUDE I REJECT 57. To install the buffer plan proposed by the applicant (25 feet wide abutting the north property line of the PUD) in compliance with the FPL guidelines regarding planting trees near overhead power lines, the tree materials identified on the plan would have to be changed. The reason the tree material should be changed is that the north portion ofthe proposed buffer overlaps a five foot wide utility easement that has overhead power lines. One-half of the five (5) foot wide utility easement occupies the north 2.5 feet of lots 8 through 22. It is recommended that prior to plat approval the applicant submit a site plan review request that depicts the buffer planting plans for all areas of the project that / include buffer plantings on single.family platted lots. The submittal shall include ¥ planting plans for the north buffer that have been reviewed and approved by FPL If the FPL approval requires the omission of trees, reduction in tree size specifications or change in location of tree material the, north buffer easement and plantings shall be moved into the site a distance that would allow FPL to approve the proposed planting scheme and recommended planting specifications. The below listed planting changes and specifications are recommended to be added to the proposed plan to describe a typical 100 foot section of the buffer. Trees: Specify the two (2) Red Cedar ~'ees, three (3) Slash Pines, one (1) Live Oak, two (2) Gumbo Limbo and three (3) Sabal Palm trees shall be twelve (12) feet tall at time of planting. Hedges: Show fifty, oee (51), twenty-four inch to thirty-six (24 to 36)inch tall Coco Plum plants along the fop of the four foot tall berm and space the plants 2 feet on canter. The plants shall form a continuous hedge row the entire length of the buffer. Shrubs: The 24 Saw Palmetto plants shown on the plan shall be thirty to thirty-six (30-36) inches tall (15 gallon) at time of planting. Install forty-eight (48), thirty-six inch to forty-eight (36 to 48) inch tall Myrsloe plants, spaced five (5) foot on center, alternating 12 plants each side of the top of the berm 25 foot intervals. For each 100 lineal feet of buffer alternate Myrsine, Randia, Wax Myrtle, Flodda Privet, Wild Coffee and Necklace Pod plants. The shrubs shall be placed in a manner to form a meandering shape of the buffer as viewed from the plan view. Ground Cove~. Omit the Purple and Yellow Lantana plants (deciduous) and replace with a total of two hundred (200), 12 to 18 inch tall Lidope plante (evergreen). The Lidope shall be planted on 12 inch centers with 100 plants installed on each side of the berm for each 75 or 100 foot section of the buffer. The Liriope plants shall be installed to accentuate the meandering shape of buffer. , ......... .~-... ~c.. .~_E-~/~. ~,~ ...... ,,,o ...... ~ ............ c.; ..... Page 6 Woolbright Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS . INCLUDE R~EJECT~ 58. To install the approved 25 foot wide landscape buffer plan, as identified in Resolution R92-210, in compliance with the FPL guidelines regarding proximity of large trees to overhead power lines, the location of the buffer, berm and large trees within the buffer will have to be relocated so that the row of large trees shown on the north side of the plan are 30 feet away from the power lines. The Slash Pine, Live Oak and Gumbo Limbo trees identified on the approved plan are listed as large trees in the FPL brochure t ~s recommended that pdor to plat approval the applicant submit a site plan review request that depicts the buffer planting plans for all areas of the project that include buffer plantings on single-family platted Iota. The submittal shall include planting plans of the north buffer that have been reviewed and approved by FPL If the FPL approval requires trees to be omitted or a reduction in size specifications or change in location of tree material the north buffer easement and plantings Shall be moved into the site a distance consistent with FPL specifications. The below listed planting changes and specification are recommended to be added to the approved buffer plan to cladty a typical section of buffer plan. Trees: First one hundred lineal feet of buffer plant three (3) (fifty foot on center), 12 to 14 foot tall Live Oak trees placed three feet from the north side of the 25 foot wide buffer easement and plant two (2) (fifty foot on center alternating spacing from the oaks located on the north side of the buffer), 12 to 14 foot tall Live Oak trees Placed three feet north of the south side of the buffer easement. The next seventy-five feet of the buffer install a grouping fourteen (14) (ten feet on center), 12 to 14 foot tall Slash Pines (7 on each side of the top of the berm). For the next one hundred feet of buffer plant three (3) (fifty foot on center), 12 to 14 foot tall Gumbo Limbo trees placed three feet from the north side of the 25 foot wide buffer and plant two (2) (fifty foot on center alternating spacing from the gumbo limbo Ioca~:l on the north side of the buffer), 12 to 14 foot tall Gumbo Limbo trees placed three feet north of the south side of the buffer. The previous three sections of tree plantings shall be repeated the entire length of the landscape buffer easement. Hedges: Install, fifty-one (51), twenty-four inch ~.o thirty-six (24 to 36) inch tall Coco Plum plants along the top of the four foot tall berm and space the planta 2 feet on center. The plants shall form a continuous hedge row the entire length of the buffer. For each 100 foot or 75 foot section of the buffer Coco Plum and Wax Myrtle planta shall be alternated. Shrubs: Spot plant forty (40), forty-eight to sixty (48 to 60) inch tall, at time of planting, containerized Saw Palmetto palms around each group of 14 Slash Pine trees (20 palms on each side of the top of the berm). Install, forb/-eight (48), thirty-six inch to forty-eight (36 to 48) inch tall Randla plants, five (5) foot on center, alternating 12 planta each side of the top of the berm at 25 foot intervals. For each 75 or 100 foot section of the buffer alternate Randia, Myrsine, Flodda Privet, Wild Coffee or Necklace Pod planta. The shrubs shall be placed in a manner to form a meandering shape of the buffer as viewed from the plan view. Ground Cover: Omit the Lantana planta (deciduous) and replace with a total of two hundred (200), 12 to 18 inch tall Lidope p anta (eve~,=~en) The Liriope shall be planted on 12 inch centers with 100 planta installed on eac :e of the berm at each 100 foot or 75 fQot typical section. The planta are to be placec .~ accentuate the meandering shape of the buffer. One hundred (100) Fakahatchee grass or Liriope planta may be altamated each 100 foot or 75 foot section of the buffer. It is recommended that this entire buffer be installed prior to the issuance of the Certificate of Occupancy of any recreation structure, sales model facility or of a residential unit, whichever comes first. 5g. To e~s'~.~'e that the nc~'lh property, line landscape buffer is continuous at the rear of Iota 8 and 9, either move the proposed city utility easement six (6) feet to the south so that ,~ the city utility easement (~oes not encroach the land.s~ape buffer easement or re-route ~¢ ~/-'~ the utility easement to run north and south between lets 9 and 10. 60. It is recommended that the approved landscape buffe~ easement and planting be continued along the east and north sides of the land id~nt fled on the Submftted plans as Open Pamel Area (Undisturbed). The buffer should '~erminata at the east side of S.W. 8th Street at the northwest corner of the PUD. This r~commendatinn rn~,~ h=, ,-,,~i~=,~ ~* e C~ty Forester/Enwronmental~st determines thatlthe existing landscape material located on the open parcel creates a buffer equal to tt3e approved buffer. Page 7 Woolbright Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS INCLUDE REJECT 61. To clarify the specie and spacing of the planting proposed for the south and east landscape buffer easement, indicate on the plans that the trees, hedges and shrubs shall be native and the hedges shall form a continuous row installed two (2) foot on center. Further specify on the plan that the mass planting shall be installed two (2) foot on center and at least 10 plants shall be installed for each forty-two (42) !ineal feet of buffer. Also, specify on the plan the height and slope of the berm. 62. Lots 22 and 44 are nonconforming lots with regards to the minimum frontage of 42 feet specified on the plan. Correct the plans to show no less than a 42 foot frontage on all lots. 63. Add to the plan a continuous sideWalk within the right-of-way between lots 4 and 8. 64. To provide a street system that will allow proper access by city services to the development that is located north of the subject site, it is recommended that the / developer build a cul-de-sac to city standards at the east end of S.W. 4th Avenue. Following city approval of the street construction, the developer shall dedicate the right- of-way to the city. 65. Show on sheet MP1 of 2) the five (5) foot tall landscape berm with ficus hedge (located at the highest point of the berm) that is described in resolution number R95-65 as required along the west proped:y line of the PUD with the exception of the church parcel. Also, list on the plan the landscape and berm specifications that are described in the resolution. 66. On sheet MP1 of 2, add the typical cross section drawing of Morton's Way, as it is depicted in resolution number R95-65. Also add to the drawing the approved configuration of the pavement for the Industrial Access Road including the landscaping and sidewalk referenced in the resolution. If the location of the three (3) curb cuts proposed for the south side of the road are not known at this time, place a note on the V plan referencing that three curb cuts are proposed and they will be installed to city standards. 67. On sheet MP1 of 2 revise site data note B to reflect the title of the pods where the multi- family units are located. 68. To provide clarity in determining all the setbacks for the project, it is recommended that typical lot/unit detail drawings be added to sheet MP2 of 2. The drawings shall include dimensioned setbacks for the building, screen enclosures, pools and easements. The detail drawing shall include a typical lot, comer lot, perimeter lots for each border of the project, cul-d~.,~lC and any other special or irregular shaped lot. Include within the typical drawing the location of proposed or easements of record. Below the drawings identify the specific lot number(s) that the detail drawing represents. Ensure that the , detail drawings represent all lots prop~e~ for the developme~qt 69' per Modify each the residential temporarY model, model center area to show no less than three (3) parking spaces 70. It is recommended that the maximum height of the single-family 'structures be established at 25 feet. This height is consistent with the height limitation on the homes that are i located to the north in the R-lA (Single-Family Residential) zoning district. Amend the ! site data on sheet 2 of 2 accordingly. ~.O~/7~-"'~ ~" ~'~ 71. With a distinguishable symbol, identify on sheet MP2 of 2 the front of the folloWing lots; 1, 8, 23, 45, 48, 49, 57, 58, 66, 67, 77 and 78 72. It is recommended that a ten (10) foot wide landscape buffer easement, located along S.W. 8th Street, be extended to the north limit of the PUD. The entire buffer shall include a two (2) foot tall berm (centered in the new landscape buff~':r easamen~.~ and ~h=, material I planted in the easement shall match the landscape scheme of the landsCaping along the south border of the subject project. The landscape matedal shall be located in a landscape easement and the easement dedication shall place the maintenance of the V landscape material and irrigation as the responsibility of the H.O.A.. 73- = Submit for permit review plans showing the S.W. 8th Street approved landscaping (plans / located in the Development Department) that abuts the Woolbright Place PUD. The landscaping shall be installed and approved by the city landscape inspector prior to the plat being recorded for Pod I or 90 days following the Planning and Development Board approval of the subiect master plan modification, whichever comes first. ' Page 8 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS INCLUDE REJECT 74. To establish, a minimum floor area for the proposed units that is comparable to the minimum floor area required in the single-family homes abutting the project to the north, it is recommended that additional information be added to project summary / note number 5 found on sheet MP2 of 2 indicating that 1,250 square feet is the minimum floor area. AlSo add to note 5 the required square footage regulations listed in Section 4. K. of Chapter 2 - Zoning of the City's Land development Re~lulations. 75. Provide proper authorization, for the subject request, by submit written verification from the board of directors of the Woolbright Place Master Association, Inc. indicating that Richard C. Wohlfarth, P.E. of CCL Con..!t_e~ts, Inc; is their representative. 76. Submission of a rectified master plan showing compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department~ in triplicate, pdor to platting and/or site pJan review for the PUD. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 77. To be detemimed. ADDITIONAL CITY COMMISSION CONDITIONS 78. To be determined. MEH:bme ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. Minimnm street ROW width for a local street with 2 monntahle curbs is 40 feet; with ~-wales minimum ROW width is 60 feet (replaces rejected condition 12) 2. Clarification of condition 57: Last paragraph to read: the entire berm to be installed ~ithin 90 days from plat approval. Failure to complete construction shall operate to bar the issuance of any additional permits and certificates of occupancy. Clarification of condition 70: Maximum height estabhshed at 3 . 4. In the utility easement at the rear of lots 8 & 9 the landscaping plan is amended to ~-ubstitute two (2) palm trees for each gumbo cimbo or oak tree or slash pines. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: WOOLBRIGHT PLACE PUD APPLICANT'S AGENT: Michael Morton, DATE OF HEARING BEFORE CITY COMMISSION: 9~4~96 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification LOCATION OF PROPERTY: Woolbri,qht Place PUD, a 14.05 acre parcel which is located on the east side of Southwest 8th Street, and is approximately 2,250 feet north of Woolbri,qht Road DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The App!icant's application for relief is hereby v/' GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto. 'DENIED 4. This Order shall take effec~ immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: September 4, 1996~~"~'~/Citi~tt~ J CitgO,Clerk ~ LOCATION MAP · ~WOOLBRIGHT Place P.U.d. POD I REr- ~ l, 118 EXHIBIT "F" Conditions of ADDrOVal ~roject name: Woolbright Place PUD (POD 1) :ile number, MPMD 96-005 ,Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification. File #MPMD 96-005 with an August 16, 1996 Planning and Zoning Department date stamp markin PUBLIC WORKS Cornm~_nts; NONE: UTILITIES Comments: 1. The utility easement located in the rear of units 8 and 9 shall be located so that large canopy-style trees do not overhang into the easement. Palm trees and shrubs may be placed within the easement, but not over the force main. The easement shall also extend at least 10 feet from the force main to the easement line on the building side, so as to prevent encroachment by future structures including pools, screen rooms, etc.. 2. The same conditions shall apply to that portion of the easement running in a general north/south direction (i,e. no overhang by large trees nto the -~ement) FIRE Comments: NONE: POLICE Comments: 3. In regard to the entrance security gate, a system that is accessible via telephone by the police/fire/utility departments. The telephone number would be made available to /' polica/fire/utility communications. When entrance to the. area is necessary, communications would activate the gates by telephoning the given number. This type of system allows for maximum security and less number of people knowing the telephone/access number. DEVELOPMENT DEPARTMENT Comments: 4. No building structure, screen enclosure, pool, or portion thereof is allowed within ,setbacks, either now or in the future. Chap. l, Art. Il,pg.1-30. 5. Project shall have underground utilities to residential units. Chap. 2.5, Sec.9E, pg.2.5-7. ~/' 6. Show the locations of all temporary structures or permanent structures having a ~/~ temporary use. Provide a statement outlining the temporary use and when they will be removed. Chap.3, Art. IV, Sec.3R, pg.3-5. 7. Provide a master stormwater management plan. Chap.3, Art. IV, Sec.3T, pg.3-6, v 8. Site plan review and approyal required. Chap.4, Sec.2, pg.4-1. 9 Plat review and approval required. Chap.5, Art. ll~ Sec. 1, pg.5-1. 10. Provide certification by Developer's Engineer that drainage plan complies with all city codes and standards. Chap.6, Art. IV, Sec.5A, pg.6-7 and Chap.23, Art. llF, pg.23-8. ~ ~. ~-oca~e a ora nage easements, unap.6, Art. iV, $ec.68, pg.6-9. 12. Minimum street right-of-way width for a local street with 2 mountable curt)s is 50 feet; with Swales minimum right-of~way width is 60 feet. Chap.6, Art. IV, Sec. 10C, pg.6-11. 13. Need SFVVMD and LVVDD acceptance pdor to Engineering approval. Chap.6, Art. VII, Sec.4B, pg.6-24. ,., 14. App cant's attention is directed to Chap.7 pg.7-1 regarding surety requirements. V~ 15. All landscaped areas shall be provided with an automatic water supply system. Chap.7.5, Art. Il, Sec.5B, pg.7.5-14. 16. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices". Chap.23~ Art. llB2~ p~1.23-7. Page 2 Woolbfight Place PUD (POD 1) File No. MPMD 96-005 ;DEPARTMENTS 17. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 18. Revise documents to reflect all comments. 19. Verity which roads require naming (for mail delivery) with U.S. Postal Service. 20. Indicate name of subdivision. Chap.3, Sec.3A, pg. 3-4. 21. Show location, names and elevations of a.~?cent subdivisions. Chap.3, Sec.3E, pg.3-4. 22. Show topographical conditions on tract. Chap.3, Sec.3G, pg.3-4. 23. Provide generalized statement of subsurtace conditions. Chap.3, Sec.3M, pg.3-5. 24. Show utilities on or adjacent to the tract. Chap.3, Sec. 30, pg.3-5. 25. Dead end streets are prohibited. Chap.6, Art. iV, Sec. 10T, pg.6-14. 26. Permits must be obtained for work within R.O.W. Chap.22, Art. it, Sec.7A, pg.22-3. 27. Complete irrigated landscaping in S.W. 8th Street R.O.w. including medians and areas outside pavement edges prior to recording of plat. This includes entire R.O.W. from approximately the south edge of the 14.18 acre church parcel to north terminus of S~W. 8th Street construction. Landscape design must be approved by the City Forester prior to installation, and the installation itself must be accepted by the City Forester prior to recording of plat. 28. Show location of relocated 12' utility easement approved by Resolution R95-66. 29. It is recommended that the streets are paved in two frs. FORESTEPJENVIRONMENTALIST Comments: 30. The applicant should submit landscape and irrigation plans for S.W. 8th Street medians and right-of-ways. The plans should be reviewed and approved by the ' Technical Review committee (TRC) for any possible conflicts. The plans should show quantities, specifications and species of trees with any understory plantings. A note should be on the plans that the maintenance of the landscape/irrigation improvements will be provided by the applicant's commercial e_~__nciation. 31. The undisturbed open area portion of the site can be evaluated as a vegetative, visual barrier only after all of the exotic vegetation has been removed from the site. There may be voids in the visual buffer after the clearing of exotics that will have to be landscaped with native species and receive water until established. The present elevation of this open area is higher than S.W. 8th Street and may change as part of the project. These activities may affect whether the undisturbed open area can be used as a visual buffer rather than the applicant planting/irrigating a new buffer along the western perimeter of the project. The project should continue in the normal review PARKS AND RECREATION Comments: 32. As the developer has chosen not to provide five private basic park requirements, the submittal does not qualif7 for one-half credit for pdvate recreation. 33. Based on the number of single family units, the following recreation fee applies: 84 single-family units X .0180 = 1.512 acres As the developer has already paid one-half of the fee, his dedication is: 1.512 divided by 2 = .756 acres. Fee in lieu of land is recommended. Page 3 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 PLANNING AND ZONING Comments: 34. To provide a more efficient layout of the project regarding street design for services provided by the city such as fire rescue, emergency services and sanitation pick-up, it is recommended that the lot design in the northeast and southwest portions of the project be redesigned by omitting lots or creating pie shaped lots on a street radius rather than allowing the short dead end streets that do not have a cul-de-sac turn-around. 35. Submit a landscape plan for the area identified as open parcel area (undisturbed). The plan shall include grading elevations, type of landscape material, plant matedai specifications including type of lawn grass and irrigation requirements. 36. All parking spaces provided or required for the recreation pool area shall be designed to comply with the city regulations specified in the City's Land Development Regulations, Chapter 23 - Parking Lots. Amend the plan accordingly. 37. To maintain consistency regarding the building setback for the perimeter of the project it is recommended that the proposed forty (40) foot building setback remain around the perimeter of the portion of the site titled Open Parcel Area (Undisturbed), including the south property line of the proposed tract. 38. On sheet MP1 of 2, identify the new name of Morton's Way, as specified in resolution R96-112. 39. On sheet MP1 of 2, change general note I and 3 to reflect the method the developer is or has complied with the city's recreation requirement for the entire PUD. In describing the approved or proposed method, delineate the compliance by showing the computations per each pod or parcel within the PUD. 40. It is recommended that a twenty (20) foot setback be established around the recreation pool area. Show and dimension on sheet MP2 of 2, the 20 foot setback for structures =nd ail recreation amenities. 41. It is recommended that the depth of lots 71 through 77 be reduced 0.5 feet to allow the depth of lots 78 through 84 to be increased from 95 feet to 95.5 feet which would establish a minimum lot size for the development of 4,037.5 square feet rather than the proposed 3,990 square feet. The present minimum lot size, in the city for single-family detached units, is 4,000 square feet. 42. To clarify the minimum standards for the PUD, amend the project summary note 7 found on sheet MP2 of 2 as follows: Minimum lot size: 42' X 95.5' (4,037.5 square feet) Minimum lot frontage 42'* * Lot frontage shall be measured at the 15 foot front setback line for the following irregular shaped lots; 1-8 and 45-48. 43. On sheet MP1 of 2, add a general note indicating that the PUD is subject to the conditions of approval of City of Boynton Beach Resolution R96-112 regarding the reduction in the width of Morton's Way. 44. Add to the master plan submittal the previously approved landscape plans for S.W. 8th Street, the water management area, lake plantings and the preservation area requirements. 45. Add to the site data found on sheet MP1 of 2, the density (number of dwelling units per acre) represente(3 for the gross acreage of the PUD. Also identify the land use classification of the PUD as defined on the City's Future Land Use Map. 46. On sheet MP1 of 2, amend the south border of the Woolbright Place PUD on the west Side of S.W. 8th Street to correctly identify the property line that separates the Woolbdght Place PUD from the Shoppes of Woolbright PCD as established by Ordinance 89-18. Ordinance 89-18 is the ordinance that established the PUD. Rectify the Woolbdght Place PUD plat documents to correspond with Ordinance 89-18. It is recommended that the !and shown on the master plan within the Church Parcel that is not zoned PUD be rezoned, by the applicant, from PCD to PUD, unless otherwise determined unnecessary by the city attorney. Amend the legal description, plans and site data on sheet MP1 of 2 accordingly. MP1 of 2 indicates that Pod I will have 5 common recreation amenities; however, 47. Sheet the plans only reflect a pool Correct the plans accordingly. Page 4 Woolbright Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS 48. On sheet MP2 of 2, modify general note 1 to indicate the 0.32 acre private recreation tract, the 1.47 acre open area parcel and the 2.64 acre private road tract located within Pod I are owned, operated and perpetually maintained by the projects homeowner's association. Include any other land area that is proposed to be Common land for the development. 49. To clarify general note 4 found on MP2 of 2, move the note to sheet MPI of 2 and show on the plan the location size, and shape of the medians adjacent to the street frontage of the subject PUD. it is recommended that the last three words of note 4 be changed from homeowner's association to Woolbdght Place M~-~t~r A~oc!ation, Inc. 50. Prior to plat approval of pod 1, Homecwner's Association documents will be required to be submitted for review by staff, The documents shall comply with the specifications identified in Chapter 2.5 - Planned Unit Development, Section 6 and Chapter 5 - Platting, Article V, Section I D 11 of the City's Land Development 51. On sheet MP1 of 2 modify general note 9 by omitting the last sentence and adding the words ,,as defined on each plat within the PUD" before the period at the end of the first sentence. 52. To clarify the issue regarding location of fences on perimeter iota within Pod 1, move general note 9 found on sheet MP1 of 2 to sheet MP2 of 2 and place it below the typical lot drawings depicting lots with perimeter landscape buffer easements. 53. To clarify the areas of the project that will require site plan review, add text to general note 12 found on sheet MP2 of 2 indicating that site plan review is also required for the site wall or fence, landscaping for the open parcel and project signage located at the entrance to the site. 54. To provide privacy for lots 1 and 48, it is recommended that a Common ground tract of land be shown on both sides of the entrance road. This can be accomplished by moving the adjacent row of lots to the north and south. 55. To provide pdvacy for lot 84 which is abutting the east side of the proposed private recreation pool, it is recommended that either the pool and cabana exchange locations or the cabana and pool be rotated ninety (90) degrees in a clockwise direction. 56. Specify on sheet MP1 of 2, the approved total peak hour trips that are allocated for the PUD and indicate how may tdps are generated for the existing and proposed development for each parcel or pod identified on the master plan. Page 5 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS 57. To install the buffer plan proposed by the applicant (25 feet wide abutting the nortt property line of the PUD) in compliance with the FPL guidelines regarding planting trees near overhead power lines, the tree materials identified on the plan would have to be changed. The reason:the tree matedal should be changed is that the north portion of the proposed buffer overlaps a five foot wide utility easement that has overhead power lines. One-half of the five (5) foot wide utility easement occupies the north 2.5 feet of lots 8 through 22. it is recommended that prior to plat approval the applicant submit a site plan review request that depicts the buffer planting plans for all areas of the project that include buffer plantings on single-family platted lots. The submittal shall include planting plans for the north buffer that have been reviewed and approved by FPL. If the FPL approval requires the omission of trees, reduction in tree size specifications or change in location of tree matedal the, nor[h buffer easement and plantings shall be moved into the site a distance that would allow FPL to approve the proposed planting scheme and recommended planting specifications. The below listed planting changes and specifications are recommended to be added to the proposed plan to describe a typical 100 foot section of the buffer. Trees: Specify the two (2) Red Cedar trees, three (3) Slash Pines, one (1) Live Oak, two (2) Gumbo Limbo and throe (3) Sabal Palm trees shall be twelve (12) feet tall at time of planting. Hedges: Show fifty-one (51), twenty-four inch to thirty-six (24 to 36)inch tall Coco Plum plants along the top of the four foot tall berm and space the plants 2 feet on center. The plants shall form a continuous hedge row the entire length of the buffer. Shrubs: The 24 Saw Palmetto plants shown on the plan shall be thirty to thirty-six (30-36) inches fall (15 gallon) at time of planting. Install forty-eight (48), thirty-six inch to forty-eight (36 to 48) inch tall Myrsine plants, spaced five (5) foot on center, alternating 12 plants each side of the top of the berm 25 foot intervals. For each 100 lineal feet of buffer alternate Myrsine, Randia, Wax Myrtle, Florida Privet, Wild Coffee and Necklace Pod plants. The shrubs shall be placed in a manner to form a meendedng shape of the buffer as viewed from the plan view. Ground Covem Omit the Purple and Yellow Lantana plants (deciduous) and replace with a total of two hundred (200), 12 to 18 inch tall Liriope plants (evergreen). The Lidope shall be planted on 12 inch centers with 100 plants installed on each side of the berm for each 75 or 100 foot section of the buffer. The Liriope plants shall be installed to accentuate the meandering shape of buffer. INCLUDE · ,; Page 6 Wooibdght Place PUD (POD 1) File No. MPMD 96-005 DEPARTMENTS 1 iNCLUDE~ 58. To install the approved 25 foot wide landscape buffer plan, as identified in Resolutlor ~'- R92-210, in compliance with the FPL guidelines regarding proximity of large trees to overhead power lines, the location of the buffer, berm and large trees within the buffer will have to be relocated so that the row of large trees shown on the north side of the plan are 30 ~,et away from the power lines. The Slash Pine, Live Oak and Gumbo Limbo trees identified on the approved plan are listed as large trees in the FPL brochure. It is recommended that prior to plat approval the applicant submit a site plan review request that depicts the buffer planting plans for all areas of the project that include buffer plantings on single-family platted lots. The submittal shall include planting plans of the north buffer that have been reviewed and approved by FPL If the FPL approval requires trees to be omitted or a reduction in size specifications or change in tocatien of tree material the north buffer easement and plantings shall be moved into the site a distance consistent with FPL specifications. The below listed planting changes and specification are recommended to be added to the approved buffer plan to clarify a typical section of buffer plan. Trees: First one hundred lineal feet of buffer plant three (3) (fifty foot oncenter), 12to 14 foot tall Live Oak trees placed three feet from the north side of the 25 foot wide buffer easement and plant two (2) (fil~ foot on center alternating sPacing from the oaks located on the north side of the buffer), 12 to 14 foot tall Live Oak trees placed three feet north of the south side of the buffer easement. The next seventy-five feet of the buffer install a grouping fourteen (14) (ten feet on center), 12 to 14 foot tall Slash Pines (7 on each side of the top of the berm). For the next one hundred feet of buffer plant three (3) (fifty :foot on center), 12 to 14 foot tall Gumbo Limbo trees placed three feet from the north side of the 25 foot wide buffer and plant two (2) (fifty foot on center alternating spacing from ~/ the gumbo limbo located on the north side of the buffer), 12 to 14 foot tall Gumbo Limbo V trees placed three feet north of the south side of the buffer. The previous three sections of tree plantings shall be repeated the entire length of the landscape buffer easement. Hedges: Install, fifty-one (5t), twenty-four inch to thirty-six (24 to 36) inch tall Coco Plum plants along the top of the four foot tall berm and space the plants 2 feet on center. The plants shall form a continuous hedge row the entire length of the buffer. For each 100 foot or 75 foot section of the buffer Coco Plum and Wax Myrtle plants shall be alternated. Shrubs: Spot plant forty (40), forty-eight to sixty (48 to 60) inch tall, at time of planting, containerized Saw Palmetto palms around each group of 14 Slash Pine frees (20 palms on each side of the top of the berm). Install, forty-eight (48), thirty-six inch to forty-eight (36 to 48) inch tall Randia plants, five (5) foot on center, alternating 12 plants each side of the top of the berm at 25 foot intervals. For each 75 or 100 foot section of the buffer alternate Randia, Myreine, Florida Privet, Wild Coffee or Necklace Pod plante. The shrubs shall be placed in a manner to form a meandering shape of the buffer as viewed from the plan view. Ground Cover: Omit the Lantana plants (deciduous) and replace with a total of two hundred (200), 12 to 18 inch tall Lidope plants (eve~?~en). The Liriope shall be planted on 12 inch centers with 100 plants installed on eac de of the berm at each 100 foot or 75 foot typical section. The plants are to be placec .~. accentuate the meandering shape of the buffer. One hundred (100) Fakahatchee grass or Liriope plants may be alternated each 100 foot or 75 foot section of the buffer. It is recommended that this entire buffer be installed pdor to the issuance of the Certificate of Occupancy of any recreation structure, sales model facility or of a residential unit, whichever comes first. 59. To ensure that the north property line landscape buffer is continuous at the rear of lots 8 and 9, either move the proposed city utility easement six (6) feet to the south so that \~ the city utility easement does not encroach the landscape buffer easement or re-route ~ ~ the utility easement to run north and south between lots 9 and 10. I~.~..~c~ ~-.o,c/~ Z~ 60. It is recommended that the approved landscape buffer easement and plar~ting be ,/ continued along the east and north sides of the land identified on the submitted plans as Open Parcel Area (Undisturbed). The buffer should terminate at the east side of S.W. 8th Street at the northwest comer of the PUD. This recommendation may be omitted if the City Forester/Environmentalist determines that the existing landscape material located on the open parcel creates a buffer equal to the approved buffer. Page 7 Woclbright Place PUD (POD 1) File No. MPMD 96-005 'DEPARTMENTS 61. To cladfy the specie and spacing of the planting proposed for the south and ems landscape buffer easement, indicate on the plans that the trees, hedges and shrubs shall be native and the hedges shall form a continuous row installed two (2) foot on center. Further specify on the plan that the mass planting shall be installed two (2) foot on center and at least 10 plants shall be installed for each forty-two (42) lineal feet of buffer. Also, specify on the plan the height and slope of the berm. 62. Lots 22 and 44 are nonconforming lots with regards to the minimum frontage of 42 feet, specified on the plan. Correct the plans to show no less than a 42 foot frontage on all lots. 63. Add to the plan a continuous sidewalk within the right-of-way between lots 4 and 8. ',/ 64. To provide a street system that will allow proper access by city services to the development that is located north of the subject site, it is recommended that the developer build a cul-de-sac to city standards at the east end of S.W. 4th Avenue. Following city approval of the street construction, the developer shall dedicate the right- of-way to the city. 65. Show on sheet MP1 of 2) the five (5) foot tall landscape berm with ficus hedge (located at the highest point of the berm) that is described in resolution number R95-65 as ~required along the west property line of the PUD with the exception of the church pamel. Also, list on the plan the landscape and berm specifications that are described in the resolution. 66. On sheet MP1 of 2, add the typical cross section drawing of Morton's Way, as it is depicted in resolution number R95-65. Also add to the drawing the approved configuration of the pavement for the Industrial Access Road including the landscaping and sidewalk referenced in the resolution, if the location of the three (3) curb cuts proposed for the south side of the road ara not known at this time, place a note on the plan referencing that three curb cuts are proposed and they will be installed to city Standards. 67. On sheet MPI of 2 revise site data note B to reflect the title of the pods where the multi- ~,/' family units are located. 68. To provide clarity in determining all the setbacks for the project, it is recommended tha~ typical lot/unit detail drawings be added to sheet MP2 of 2. The drawings shall include dimensioned setbacks for the building, screen enclosures, pools and easements. The detail drawing shall include a typical lot, corner lot, perimeter lots for each border of the project, cul-de-sac lots and any other special or irregular shaped lot. Include within the typical drawing the location of proposed or easements of record. Below the drawings identify the specific lot number(s) that the detail drawing represents. Ensure that the detail drawings represent all lots proposed for the developme~3t 69. Modify the temporary modal center area to show no less than three (3) parking spaces per each residential model. 70. It is recommended that the maximum height of the single-family structures be established at 25 feet. This height is consistent with the height limitation on the homes that are located to the north in the R-lA (Single-Family Residential) zoning district. Amend the ..~,~, site data on sheet 2 of 2 accordingly. 71. With a distinguishable symbol, identify on sheet MP2 of 2 the front of the following lots; ~-//~ 1, 8, 23, 45, 48, 49, 57, 58, 66, 67, 77 and 78 ~/~ 72. It is recommended that a ten (10) foot wide landscape buffer easement, located along S.W. 8th Street, be extended to the north limit of the PUD. The entire buffer shall include a two (2) foot tall berm (centered in the new landscape buffer easement) and the material planted in the easement shall match the landscape scheme of the landscaping along the south border of the subject project. The landscape material shall be located in a landscape easement and the easement dedication shall place the maintenance of the landscape material and irrigation as the responsibility of the H.O.A.. 73. Submit for permit review plans showing the S.W. 8th Street approved landscaping (plans located in the Development Department) that abuts the Woolbdght Place PUD. The landscaping shall be installed and approved by the city landscape inspector prior to the - plat being recorded for Pod 1 or 90 days following the Planning and Development Board approval of the subiect master plan modification, whichever comes first. Page 8 Woolbdght Place PUD (POD 1) File No. MPMD 96-005 r 74. To establish, a minimum fleor area for the proposed units that is comparable to the minimum floor area required in the single-family homes abutting the project to the north, it is recommended that additional information be added to project summenj f note number 5 found on sheet MP2 of 2 indicating that 1,250 square feet is the minimum floor area. Also add to note 5 the required square footage regulations listed in Section 4: K. of Chapter 2 - Zoning of the City's Land development Regulations. 75. Provide proper authorization, for the subject request, by submit wdtten verification from the board of directors of the Woolbright Place Master Association, Inc. indicating -V/~ that Richard C. Wohlfarth, P.E. of CCL Consultants, lnc is their representative. 76. Submission of a rectified master plan showing compliance with the conditions of approval / for the project will be required to be submitted to the Planning and Zoning Department, V in triplicate, prior to platting and/or site plan review for the PUD. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 77. To be detemimed. ADDITIONAL CITY COMMISSION CONDITIONS 78. To be determined, _ ~EH:bme a:~COMWOOLWPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING Minimum street ROW width for a local street with 2 mountahle curbs is 40 feet; with swales minimum ROW width is 60 feet (replaces rejected condition 12) Clarification of condition 57: Last paragraph to read: the entire berm to be installed .within 90 days from plat approval. Failure to complete construction shall operate to bar thu issuance of any additional permits and certificates of occupancy. Clarification of condition 70: Maxim.m height established at 30'. 4_. _In the utili _ty easement at the rear of lots 8 & 9 the landscaping plan is amended .s. ubsfitute two (2) palm trees for each gumbo cimbo or oak tree or slash pines.