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Minutes 02-18-03
t4INUTES OF THE REGULAR CITY COI~IPtTSSION f4EETING HELD IN COI4f4ISSION CHAf4BERS~ CTTY HALL~ BOYNTON BEACH~ FLORTDA~ ON TUESDAY~ FEBRUARY 18~ 2003 AT 6:30 P. t4. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron We/land, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Bonnie Glinski, Deputy City Clerk T. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Father Mark Szanyi, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:30 p.m. Father Mark Szanyi, St. Mark Catholic Church, offered an Invocation. Commissioner Hack McCray led the Pledge of Allegiance to the Flag. D. TF YOU WTSH TO ADDRESS THE COF4t4TSSION: , FILL OUT THE APPROPRIATE RE(~UEST FORlUl · GIVE IT TO THE CITY CLERK (ON THE DATS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COPlE TO THE PODTUf4 WHEN THE PlAYOR CALLS YOUR NAI~IE INDIVTDUALS MAY SPEAK FOR THREE UNTNTERRUPTED f4TNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening suggested moving item XII. Legal D. Other to the Administrative portion of the agenda and changing the language to read: Consider deve/oper's request to enter into a Stipulation and Agreed Court Order which wou/d authorize the City (strike Commission) to review the developer's app#cation which was denied by the P & D Board on the basis cfa Court-approved 1989 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Agreement between the City and the property owner." He would have some further stipulations when the item was discussed. There was consensus on the Commission about the language change. 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda as amended. Commissioner McKoy seconded the motion that carried unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray emphasized that there would be a parade as part of HeritageFest on Saturday, February 22, at 11:00 a.m. The parade was to begin at Third Avenue and Seacrest Boulevard and march to the Ezell Hester Center. City Attorney Cherof stated that as Black History month was drawing to a close, he wished to mention that one of the greatest African Americans was Thurgood Marshall, who was one of the primary leaders of the American Civil Rights movement during the 1950s and 1960s. He was a distinguished lawyer specializing in civil rights cases and was admitted in the practice of law before the United States Supreme Court in 1939 where he won 29 of 32 cases that he pleaded. He attended Howard University Law School after he was denied admission to the University of Maryland, an all-white law school. He served as the NAACP Special Counsel for twelve years and helped lead that organization to many important victories. His most significant legal victory was in 1954 in the case known as Brown vs. the Board of Education. That decision banned racial segregation in public schools. In October of 1967 he was appointed by President Lyndon Johnson as the first black member of the Supreme Court. City Attorney Cherof encouraged the citizens to go to the Boynton Beach Library and check out one of their excellent books on Thurgood Marshall. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & Announcements: 1. Notice of cancellation of March 4th City Commission Meeting 2 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Mayor Broening announced that the March 4, 2003 City Commission would be cancelled because at least three of the Commission members would be out of town on business. B. Community and Special Events Mr. Wayne Segal, Public Affairs Director, announced that there would not be an Oceanfront Concert this month. He urged everyone to attend the HeritageFest event on February 2! - 23 at the Ezell Hester Center. C. Presentations: :L. Proclamations: a. "Community Caring Center of Boynton Beach Week" Mayor Broening read the Proclamation on Community Caring Center of Boynton Beach Week and presented it to Gene Cericola, Vice President of the Community Caring Center. Mayor Broening stated that the money the City was able to give them had been multiplied many times by the efforts of the people who were involved with the Center and he encouraged others to participate as well. Mr. Cericola thanked the City for all it had done to help the Community Caring Center become established in the community. He believed that they had become a "lighthouse" for the area and his dream was that similar centers could be established in other neighborhoods as well. He invited participation in a fund- raising walk to benefit the Center at Caloosa Park on Sunday, March 30, at 3:30 p.m. Recognize and present a certificate to Greater St. Paul A.M.E. Church volunteers for their community clean up Dan DeCarlo stated that the City was very proud of the activities of the Greater St. Paul A.M.E. Church, its youth volunteers, and parents for their support and participation in the community clean up effort. Mayor Broening gave the youth volunteers certificates of appreciation. The list of the youth volunteers who received certificates of appreciation follows: Brent I~loses; Car/os Percival; Car/ton Newton; Clyde Voce, Jr.; Cory Voce; Dan/e/Beltran White; David Jones; Donte Taylor; Germany Spencer; Henry Johnson; Jakar/s Taylor; J/mm/e Rodgers; I~larv/n Johnson; Orsha Sm/th, Ridge Newton, Spencer F/e/d, Tracy Thomas, and Tyquan Ch/sore 3 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 District II Commissioner, Mack McCray, thanked the youth and adults who had participated in the clean up. He hoped that their example would be the catalyst that caused other churches in the area to become involved also. 3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 Ms. Diane Reese, Finance Director, introduced Ciro Buttacavoli, a partner with Ernst & Young, the City's independent auditors. Mr. Mike Pattillo, Sr. Manager, provided an overview of the subject report. The results of the audit were an "Unqualified Opinion", which is the highest level of assurance that an independent auditor can provide. There were no reportable conditions, no material weaknesses, or non-compliance issues. Some recommendations were made for improving controls and efficiencies and other operating items. Commissioner McCray asked several questions about the report. He asked what procedures were in place to verify the existence of capital assets and whether they just accepted the word of the City. Mr. Pattilo stated that the fixed assets of the City fell within the scope of their audit. Commissioner McCray referred to some large equipment in the City that was missing and felt that he would have to know what was being done to verify the physical existence of capital assets before he could vote to accept this report. Mr. Pattillo stated that the verification of the existence of the assets was the responsibility of management. There are specific statutes dealing with tangible personal property. One of those statutes requires an annual physical inventory of all physical personal property and that is done at various locations and submitted. The individuals who are the custodians of those assets sign off as having identified the asset and indicate that the asset was on the premises where it should be and in the property records for the correct amount. That process is an internal responsibility of this Commission and management by State law. Commissioner Weiland asked that this item be tabled until the March 18 meeting. He did not feel that the Commissioners had been given enough time to read and digest the report. Commissioner McCray agreed with this. City Manager Bressner indicated that the purpose of the agenda item was to receive the report and if there were any questions that surfaced, the audit team could be asked to return and respond in a future agenda item. Commissioner McCray noted that the agenda said "Accept" the report and not "Receive" it. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Motion Commissioner McCray moved to table agenda item VII. Legal. D until the March 18, 2003 Commission meeting. Commissioner McKoy seconded the motion that carried unanimously. IV. ADMINISTRATIVE: Accept letter of resignation from Irene Latour, Regular Member of Education Advisory Board Motion Vice Mayor Ferguson moved to regretfully accept the resignation of Irene Latour. Commissioner McCray seconded the motion that carried unanimously. B. Appointments to be made: agenda.) None (Advisory Board appointments will appear on the April 1st C. Consider Developer's request to enter into a Stipulation and Agreed Court Order, which would authorize the City to review the development application that was denied by the Planning & Development Board (P & D Board) City Attorney Cherof clarified that the Commission was not being asked to consider the development proposal itself. They were being asked whether the City should agree to go back to the Court and ask the .]udge in that proceeding to allow the City to review an application for development on the property that is inconsistent with the 1989 Court Order. Until such time as the Court releases the City and the other parties to that litigation, there is nothing for the City to do but honor the Court Order. Tf the Commission agreed to go back to the Court with this request, the result would be that the matter that came before the Planning & Development Board fourteen years previously would come before the Commission at some future date if the Commission so desired. Steve Brandt, 2324 S.W. 13th Street, Boynton Beach, stated that he was concerned that the Commission might allow the developer to circumvent the development review process and approve a project that was not approved by the Planning & Development Board and not wanted by its neighbors. The developer received the approval of a small group of people in a homeowners association, but this approval was not representative of the entire neighborhood. In the existing agreement with the Court, the neighborhood and the City agreed to allow an ACLF on R1AA property based on some specific agreements and adjustments. He felt that if the issue were to be revisited, the City should make 5 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 a requirement that it be reviewed as RIAA since that was the zoning on the property without the existing Court Order. Douglas Badin, 2314 S.W. 13th Street, Boynton Beach, spoke as a resident of Golfview Harbor saying that the ACLF developer had come to the residents several years ago with plans. They listened to the residents, made changes, and worked with them. Centex did not do this. When the P & D Board heard the project, there were 37 conditions and the developer took issue with three of them. The need for a wall on the south perimeter, for example, was clearly called out in the Stipulation and Settlement agreement of 1989. The lot was planned for 40 to 50 houses and half of that lot is already used by the ACLF. He asked that the Commission follow the existing agreement. Mayor Broening stated that these issues did not directly bear on the decision before the Commission, which was to decide whether the City should go back to the Court and request to hear a developer's request that was not consistent with the Court Order. Peter Ryland, 1311 S.W. 25th Avenue, Boynton Beach, referred to the legal issues in the Court Agreement, saying that it stated: "If upon completion of the review of the Plaintiff's application for amendment, the Plaintiff has obtained a favorable recommendation from the Planning & Development Board, the Parties may jointly petition the Court for modifications to the Agreement." He heard earlier that Mr. Weiner had prepared a motion. This project was voted down in Planning & Development. The City Attorney's opinion at the time was that it was finished and he felt that it was being re-opened because the developer saw a chance to profit. He did not think it was fair to the homeowners who had been in the City for twenty years and planned to seek legal advice. Scott Berger, 2324 S.W. 13th Street, Boynton Beach, expressed his opinion that lately, the Commission seemed to be representing the developers instead of the citizens. Traffic was getting much worse from the many developments that were being built. Allowing a condo to be built in the neighborhood would make it even worse. He asked that the City adhere to the Court Order and not go with Centex. Helen Brandt, 2344 SW. 13th Street, Boynton Beach, agreed with her neighbors that had spoken and did not want a Centex development. They were promised an ACLF and that is what they wanted, along with a return to RiAA zoning. Carlos Rosello, 1321 S.W. 25th Avenue, Boynton Beach, stated that his property was on the southeast corner of the proposed Hampton Court project. 6 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 The issue was 4.7 acres of land where Centex was proposing to build 66 three to four bedroom townhouses. At a minimum of 3 persons per townhouse, there would be close to 200 people living inside 4.7 acres. With space for two automobiles per residence, there would be 132 cars, not including the guests. He thought that history had shown what happened in overcrowded developments. He talked about the traffic on 23rd Avenue, the preferred access between Congress Avenue and Bethesda Hospital. There are no traffic lights on this road. With the construction of the new medical center on the corner of Congress and 23rd Avenue, and if accepted, the construction of Hampton Court, emergency vehicle drivers might have to choose another route for fast access to the hospital. Seconds count in an emergency. He asked the Commission to consider the impact of this request. He felt that the density of the proposed development far exceeded the capabilities of the area and that to allow it would not be considerate of the long-time residents of the community. He asked the Commission to reject the developer's proposal. Michael Weiner, attorney for Centex, stated that they would always consider any issue at any time. They respected the Board and the process. They wished to have a forum at which they could look at any issue that was brought before them under the appropriate circumstances and in accordance with the ordinances of the City of Boynton Beach. He delivered into the record a copy of Section 4.3 of the City's Code, which shows that actions taken by the Planning & Development Board shall not be considered final until ratified by the City Commission. Mr. Weiner wanted to put the project in a posture that would allow final action to be taken. City Attorney Cherof pointed out that the Code section submitted by Mr. Weiner was not applicable to this process. This was a Court-stipulated process, not a Code-governed one. Comments from the Commissioners Vice Mayor Ferguson was struck by the comments made by the citizens but did not think that they were germane at this time. He believed that the process was important and that as policymakers, the Commission had to have the final say on this. They could not allow the Planning & Development Board to make these decisions for the City any more than they could allow any other Boards to make decisions for the Commission. The Commission must be the final arbiter. He felt that the matter had to be reviewed. Mayor Broening stated that the City was growing and that while there was not 100% agreement on the Commission about it, the current philosophy was to take a forward look at growth. He felt that if the Commission agreed to allow the 7 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 City to reinvestigate this issue, the process had to begin from scratch, with the project being reviewed by staff first, followed by the Planning & Development Board, and finally the City Commission. He was not in favor of bypassing the Planning & Development Board. He was in favor of hearing the issue one more time. Motion Commissioner Weiland moved to deny the consideration of the developer's request to enter a Stipulation and Agreed Court Order that would authorize the City to review the development application that was denied by the Planning & Development Board. Commissioner McCray seconded the motion. The motion failed 2-3, Mayor Broening, Commissioners McKoy and Ferguson dissenting. Commissioner Weiland asked City Attorney Cherof to explain this matter to the public. City Attorney Cherof indicated that initially, the Stipulation that the developer had advanced that was before the Commission would allow the Commission to review what the Planning & Development Board had denied. That would be step 1 at a public hearing. If at that hearing the Commission decided it liked all or part of the application to redevelop the property, then the applicant would be required to go back to square one and make application to do that. He believed that they would take the position that they had already begun that process and that was what they would have in front of the Commission at the meeting. When the Commission got to the point of hearing the matter and having the public hearings, the approval of the Court would be required. Without that Court approval, the 1990 Court Order would remain in effect, notwithstanding any action this Commission might take. Commissioner Weiland asked whether the site plan and rezoning would be heard at the same time. City Attorney Cherof indicated that the site plan would not be although the approval could be conditioned on those two matters moving together. Mayor Broening stated that in the past, when the site plan was germane to a rezoning, they had heard them both at the same time. He was not anxious to see anything until it had citizen review with the P & D Board and staff. He wanted to revisit it, though, to see if there were changes. The seven citizens who were against it did not comprise a majority of the citizens of Boynton Beach and the Commission serves the needs of the entire City. Commissioner Weiland stated 66 town homes would not be compatible with the surrounding neighborhood at this time. The only way it could be consistent would be to build single-family, detached, fee simple residential homes. Vice Mayor Ferguson stated that the issue that was before the Commission was to try to get back to the Court to see if the Commission could have aegis over this. City Attorney Cherof said that it would be highly unusual for the Judge not to sign the 8 Meeting Minutes Regular City Commission Boynton Beach, Florida February :L8, 2003 request and so the Commission could expect the matter to come back before them alter the .ludge signed the Order. Mayor Broening sought a motion that included his suggestion that any new application would need full review by staff, the P & D Board, and the Commission. Mr. Weiner asked for an opportunity to show the revised project to staff. Staff would see the points of change from the original staff plan. They asked that there be no further hearings. Mr. Weiner stated that a P & D review would cause them to have three hearings on the subject and would have the effect of causing difficulties with contracts and would prevent them from moving forward with the project. The Commission would be able to consider all the comments made by P & D when they reviewed the project 14 years ago. The applicant did not see it as bypassing the P & D Board and asked for an opportunity for the project to be reviewed by staff and the Commission. This was not acceptable to many on the Commission, who favored Mayor Broening's suggestion for a full review. Commissioner Weiland was not interested in revisiting the project if the only changes pertained to the density issue. Quintus Greene, Development Director, stated that he was hearing an attempt to bypass the P & D Board and that was not something that staff would recommend. Staff was more than willing to review any changes that the applicant would like to bring forward but once staff had reviewed those changes, those changes should go to the P & D Board before coming to the City Commission. The Commission agreed with this assessment. Motion Commissioner McKoy moved to authorize the City to enter a Stipulation and Agreed Court Order to work towards that which would authorize the City to review the development application that was denied by the P & D Board on the basis of the Court-approved 1989 agreement between the City and the property owner. Any new or substantial change to the existing application would need full review by staff, P & D, and the Commission. Vice Mayor Ferguson seconded the motion. The motion passed 4-1, Commissioner Weiland dissenting. TH~' M£~/'.TIVG RL~¢£$$£D AT 7:55 P. li,l. AND RESUI~IED AT 8:05 P.I~. V. CONSENT AGENDA: 9 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of February 3, 2003 City Commission Workshop of February 4,2003 Regular City Commission Meeting of February 4, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the "KALWALL SKYLIGHT SYSTEM REPAIRS TO COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX," Bid #022-2511-03/KR, to Specified Architectural Systems, Inc. of Sarasota, Florida, in the amount of $22,865 (Proposed Resolution No. R03- 027) Approve the purchase from More Direct of 26 laptop computers and related equipment through State Contract, in the amount of $50,620, for the Police Department Commissioner McCray requested that item B.2 be pulled from consent. Approve the GIS Implementation FY 2002/2003 Phase 3 Tasks to Geographic Technologies Group, Inc. (RFP#040- 1510-01/C]D) in the amount of $86,000 (New RFP#029- 1510-03/0.1D) C. Resolutions: Proposed Resolution No, R03-028 Re: Approval of an Agreement for Water Service Outside the City Limits with Chester A. Damon as owner for the property located at 1084 ]ames Road, Lantana, Florida Proposed Resolution No. R03-029 Authorizing an amnesty period for unlicensed businesses to obtain Occupational Licenses and pay taxes due in arrears with relief from additional penalties 10 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Commissioner McCray requested that item C.2 be pulled from consent. 3. Intentionally left blank Proposed Resolution No. R03-030 Re: Accepting Letter of Credit No. 3053264 from Bank of America in the amount of $549,093.05 as surety for the installation of water and sewer improvements for the project known as Dahlgren P.U.D. Proposed Resolution No. R03-031 Re: Reduction in surety requirement for the project known as Quantum Park Lots 59-61, from the current amount of $279,734.77, down to $14,000 Proposed Resolution No. R03-032 Re: Ratification of the action of the SCRWTD Board to approve amending Section 3 of Annex ! as the Fourth Amendment to the !nterlocal Agreement between the City of Boynton Beach and the City of Delray Beach that established the South Central Regional Wastewater Treatment and Disposal Board Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Buchanan Variance (ZNCV 02-017), 807 Ocean !nlet Drive (Coquina Cove) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25-foot front yard setback to allow a 6-foot variance, resulting in a 19-foot front yard setback within the R-l-AA single family zoning district; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of 35% to allow a 2% increase, resulting in a 37% maximum lot coverage within the R-l-AA single family zoning district Schnars Business Center (NWSP 02-024), 924 North Federal Highway - Request for new site plan approval for an 11 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 8,754-square foot office/retail building on 0.52 acres in a proposed MU zoning district Coastal Bay Colony (NWSP 02-026), 2421 & 2505 South Federal Highway; 504, 510, 514 & 520 SE 23rd Avenue - Request for new site plan approval for 65 fee-simple townhouse units on 4.34 acres in a proposed :[PUD district Southern Homes Temp Trailer (NWSP 02-027), North Federal Highway and Chukker Road (Lots 62 and 63 of "Trade Wind Estates") - Request for new site plan approval for a 3,200-square foot temporary construction/office trailer on 2.26 acres in a C-2 zoning district Approve petition from Robert K. Carter, .lr., representing At Your Service taxi-limousine business, for a Certificate of Public Convenience and Necessity per Code of Ordinances, Chapter 24, Section 24-3 Authorize the Utilities Department to turn over $166,687.46 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Allocation of $1,500 of Commission Community :[nvestment Funds (Commissioner McKoy) for the 2003 HeritageFest Program - Parade Committee Reaffirm Adoption of D Company, 2® Battalion, 327th :[nfantry, and 1st Brigade, 10:Lst ABN (Air Assault) Division (Proposed Resolution No R03-033) Commissioner McCray requested that item "¥' be pulled from consent. Motion Vice Mayor Ferguson moved to approve the Consent Agenda as amended. Commissioner McCray seconded the motion that carried unanimously. B,2, Approve the purchase from More Direct of 26 laptop computers and related equipment through State Contract, in the amount of $50,620, for the Police Department 12 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Commissioner McCray asked Police Chief Marshall Gage how many computers were presently in use in the Police Department and what the Police Department hoped to do with the new computers. Police Chief Gage explained that the Police Department currently had 111 laptops issued to officers. A number of them were due for replacement since they represented old technology. They were being changed out to a technology that would permit the use of some of the higher-end programs like Windows 2000. There were a total of four working spares so that if an officer had a computer that went down, they could get an immediate replacement. Another ten units were salvaged from units that had gone down previously. The 26 would be designed to exchange older technology units and some of them could be used as additional spares if necessary. Motion Commissioner McCray moved to approve the purchase of the 26 laptops for the Police Department. Commissioner McKoy seconded the motion that carried unanimously. C,2. Proposed Resolution No. R03-029 Authorizing an amnesty period for unlicensed businesses to obtain Occupational Licenses and pay taxes due in arrears with relief from additional penalties Commissioner McCray thought that this would serve to encourage businesses in Boynton Beach and was a positive step. Motion Commissioner McCray moved for approval of proposed Resolution No. R03-029. Vice Mayor Ferguson seconded the motion that carried unanimously. Reaffirm Adoption of D Company, 2nd Battalion, 327th :infantry, and 1st Brigade, 101st ABN (Air Assault) Division (Proposed Resolution No R03-033) Commissioner McCray asked for comments from staff on this item. City Manager Bressner stated that this was a reaffirmation of prior Commission action begun in Z991 at the outset of the Persian Gulf conflict. The unit to be adopted would be D Company, 2nd Battalion, 327th :Infantry, and 1st Brigade of the ~01st Airborne. The purpose of the gesture would be to provide an opportunity for staff members, members of the Commission, and citizens to write 13 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 letters or messages of support to the members of that particular unit as a way for Boynton Beach to express its support for United States troops. I~lotion Commissioner McCray moved to approve proposed Resolution No. R03-033. Mayor Ferguson seconded the motion that carried unanimously. Vice VT. CODE COMPLIANCE & LEGAL SEI-rLEMENTS: Authorize a mediated settlement with Diane Murray, Plaintiff, in the amount of $10,750 (Original demand was $30,000) I~lotion Vice Mayor Ferguson moved to authorize the settlement. seconded the motion that carried unanimously. Commissioner McCray VIZ. PUBLIC AUDIENCE: Herb Suss, citizen of Boynton Beach, stated that he had attended a drill by the Citizen's Emergency Response Team (CERT), a group that responds to emergencies in the City. He was proud of what the ladies and gentlemen did and planned to join CERT himself. He observed an individual having a heart attack on the City's golf course and a properly trained person was able to assist the individual. Mr. Suss hoped that more citizens would step forward to serve the City in Citizens on Patrol, CERT, and other programs. Rev. Rick Riccardi, Police Chaplain, stated that he was very concerned due to recent events that had threatened the welfare and harmony of the City. Certain accusations had been made and fingers had been pointed. He called on all involved to cease pointing fingers and come to the table of understanding to work out a meaningful solution and put an end to all that was divisive. He spoke of early lessons in his life that led to deep love and respect for all mankind. He gave assurances that the Police Department was a fine department though far from perfect. Over the past seven years, the "good old boy's club" had been broken down. There were some fine young men and women there now who understood what it meant to protect and serve. They and the goodness they bring would be lost if the evil and shameful past was kept alive. He stated that everyone could stand their ground on his or her own side of the fence or come together to find solutions. Sunny Garcia, 1919 N. Seacrest Boulevard, Boynton Beach, stated that Mr. Warrayat had to leave but asked that he speak in his place. Mr. Warrayat 14 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 had come to Police Chief Gage some time back to discuss a problem of people dealing drugs at the Qwik Stop, which used to be the Rainbow City store. Since he talked to Chief Gage, the drug dealers were not hanging around any more. He wanted to say thank you to the Boynton Beach Police Department for doing their job where it was needed. He was very grateful to the City of Boynton Beach. VIII. PUBLIC HEARING: THE AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS A. Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (tABLED BY CITY COlfflffI$$IOItl TO IffARCH 1~, 2003) H. Burton Smith, P.E. KVVB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Project: Agent: Owner: Location: Description: Schnars Business Center (ABAN 02-003) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement Michael Rumpf, Planning & Zoning Director, offered an overview of this request for abandonment. It was being processed in conjunction with a new site plan for north U.S. 1. The alley that is proposed for abandonment is not occupied, and is filled with utilities that would be preserved under easement reservations. In researching another abandonment in this same platted area, staff realized that there was a reversionary clause tied to the plat, which limits the abandonment. They just realized today that it would affect this abandonment as well. Staff requested that it be tabled to allow staff to determine whether the same requirement would apply. The public hearing and first reading would be at the meeting on March 18 and the second reading would be April 1 to keep the advertisement as previously arranged. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Motion Vice Mayor Ferguson moved to table the abandonment until the March 18 City Commission meeting. Commissioner McKoy seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property from C-4 Community Commercial and R-I-A Single-Family Residential to Mixed Use-Low (MU-L) for an 8,754- square foot office/retail building on 0.52 acres Dick Hudson, Senior Planner, gave an overview of this LUAR. Staff recommended approval. Motion Vice Mayor Ferguson moved to approve LUAR 02-013. seconded the motion that carried unanimously. Commissioner McCray Project: Agent: Owner: Location: Description: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, :[nc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 SE 23rd Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to [nfill Planned Unit Development ([PUD) for 65 fee-simple townhouse units on 4.34 acres Dick Hudson, Senior Planner, gave an overview of this LUAR. Staff recommended approval. Motion Commissioner McKoy moved to approve LUAR 02-014. seconded the motion that carried unanimously. Vice Mayor Ferguson 16 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 ZX. CZTY MANAGER'S REPORT: City Manager Bressner announced the times and places of various events at HeritageFest scheduled to take place from the evening of February 21 through February 23 at the Ezell Hester Center. He gave the schedule for the adult basketball tournaments, the parade, the festival on the lawn, and the gospel festival. The Ezell Hester Center will host a carnival, vendors, and entertainment for this three-day affair. Mr. Bressner encouraged all citizens to attend the events. A. Report on 2002 Holiday Parade participants' findings At the request of the Commission, staff did a follow-up study concerning the parade. A copy of the report prepared by Wayne Segal, Director of Public Affairs, entitled "Results of 2002 Holiday Parade Participant, Non-Participant and Business Surveys," was included in the Commissioners' agenda packets. Staff recommended that the parade be held on Congress Avenue in 2003, subject to the constraints of time and day with Saturday at 9:00 a.m. being favored due to less interference with the businesses along Congress Avenue. Commissioner Weiland stated that the parade had worked well on Federal Highway in the past and he would like to see it take place there in the future. Commissioner McCray concurred with that opinion. Commissioner McKoy was happy with having the parade on Congress Avenue and would like to see it held in each of the Commission districts. Vice Mayor Ferguson preferred having the Parade on Federal Highway but ending at Mangrove Park. Mayor Broening liked the parade on Federal Highway and believed that it would be an even better place to have it in the future. The consensus of the Commission was to have the 2003 parade on Federal Highway on a Sunday atternoon at 3:00 p.m. The City Manager agreed to make this happen. B. Appointment of Taskforce on Adaptive Re-Use of Old High School City Manager Bressner reported that the CRA had recommended that the City proceed with an ad hoc task force to guide the analysis and discussion of possible adaptive re-use of the old high school building. They would guide the work of consultants and help facilitate public discussion on the pros and cons of the project. The goal is to have a report to the City Commission and the CRA by September 2003. The CRA Director has recommended the following representation: Don Fenton, Henderson Tillman, and Doug Hutchinson for the CRA; Taryn Wheat and Arlene Dennison for the Museum and Cultural Board; William Orlove for the Parks and Recreation Board; and a Commission member 17 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 to be determined. Commissioner Weiland asked for an opportunity to serve on the committee. Notion Commissioner McCray moved to appoint Commissioner Weiland to the committee. Vice Mayor Ferguson seconded the motion that carried unanimously. X. FUTURE AGENDA TTEMS: Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED TO MARCH 1~ 2003) Discussion of Community Redevelopment Agency organization and management (March 18, 2003) Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) D. Workshop regarding Cemetery options (Summer 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Thc. Of Boynton Beach in the amount of $7,500 (Proposed Resolution No, R03-,.,) FRA Whistle Ban Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking X~. NEW BUS~NESS: A. Discussion of City inventory process City Manager Bressner deferred to Commissioner McCray who wished to speak. Commissioner McCray addressed Rev. Riccardi in response to his public statement earlier in the meeting, saying that he did not believe in pointing fingers and was not doing so. Commissioner McCray expressed concern that he had to read about the City's two missing generators in the newspaper. He referred to the Annual Financial Report presented by the auditors earlier and stated that he could not approve the report. He believed that the Commissioners had a fiduciary responsibility and that inventory was a part of that responsibility. Commissioner McCray read the 18 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 procedure for the inventory of capital assets that was given to the Commissioners in their agenda packets. He emphasized that the physical inventory feature of the process called for a person to actually be able to put his or her hand on the asset. The article in the newspaper stated that the two generators had been delivered in October of 1998. He noted that in the minutes of the Safety Committee meeting, Mr. Magazine requested that all departments that owned and/or operated large pieces of equipment and machinery check to see that the department knew where the equipment was at all times. Mr. Magazine referred to the newspaper article dealing with the missing generators. He requested that departments regularly perform inventories in order to track their equipment and machinery. He also noted that the City had a policy regarding how to deal with the press. Ms. Weise noted that whenever the media calls and asks questions, they must be referred to Wayne Segal, the Public Affairs Director, 742-6025. He addressed City Manager Bressner saying that he had promised answers and that he would like them by the end of this week. City Manager Bressner told Commissioner McCray that he had personally apologized to him after the article appeared in the press. He was unaware that it was going to be in the press. He apologized to him now publicly. Commissioner McCray said he would accept his apology. City Manager Bressner stated that the procedure Commissioner McCray had read was the procedure that was followed. With respect to the two generators in question, as of October of 2002, those two generators were noted in the inventory that was submitted by the Utility Department of the City of Boynton Beach. He was at a loss to explain why the Police report indicated that the generators were presumably missing since 1998 because the audit reports are done annually pursuant to statute and this report did include those two pieces of equipment in the inventory. He could not tell anyone that someone laid a hand on those two generators. All he could say was that someone in a position of authority in the Utility Department submitted to the Finance Department a representation that those two pieces of equipment were in the possession of the City of Boynton Beach circa October 2002. City Manager Bressner indicated that he would provide a report regarding what happened to the Commission as soon as possible. To the best that they could determine, it was a Police matter and the Police were reviewing the information. He apologized for not informing the Commission of the matter. He read of it Saturday morning in the newspaper as well. Commissioner Weiland stated that this incident showed that other measures had to be taken to assure that this did not happen in the future. Commissioner Weiland added that a lock, a chain, and a gate only kept honest people from wandering around where they were not supposed to be. If someone wanted to 19 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 steal something, they would cut the chain, cut the lock, and pull the fence down to get it. Commissioner McKoy stated that if the equipment were missing and could not be found and no one was given permission to move it, then it was stolen and it needed to be addressed as such. Mayor Broening asked if the property were insured and City Manager Bressner stated that it was and had a deductible of $500. Mayor Broening asked if there were processes in place that would reduce the loss of major capital equipment now and in the future. Mr. Bressner stated that this would be included in his report later this week. Mayor Broening asked if there were a track record of loss of equipment in the City. Mr. Bressner stated that this would also be included in his report. Commissioner McCray stated that he understood a generator had been stolen from the City years ago and he wanted to know how much the City had recovered from the insurance company in that incident. He asked that this information be included in City Manager Bressner's report. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-002 Re: Amending Chapter 2 Administration, Article ]:V, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property City Attorney Cherof read proposed Ordinance No. 03-002 by title only. Notion Vice Mayor Ferguson moved to approve Commissioner McKoy seconded the motion. roll and the motion passed unanimously. proposed Ordinance No. 03-002. Deputy City Clerk Glinski called the Proposed Ordinance No. 03-003 Re: Right- of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue City Attorney Cherof read proposed Ordinance No. 03-003 by title only. 20 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 Motion Commissioner McCray moved to approve proposed Ordinance No. 03-003. Vice Mayor Ferguson seconded the motion. Deputy City Clerk Glinski called the roll and the motion passed unanimously. Proposed Ordinance No. 03-004 Re:Amending Chapter 2, "Administration" Article 1, Section 2-1 to incorporate a revised City Organizational Chart, effective January 1, 2003 City Attorney Cherof read proposed Ordinance No. 03-004 by title only. Motion Commissioner McKoy moved to approve proposed Ordinance No. 03-004. Vice Mayor Ferguson seconded the motion. Deputy City Clerk Glinski called the roll and the motion passed unanimously. B. Ordinances- 1st Reading Proposed Ordinance No. 03-005 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX)(Schnars Business Center) City Attorney Cherof read proposed Ordinance No. 03-005 by title only. Motion Vice Mayor Ferguson moved to approve Commissioner Weiland seconded the motion. roll and the motion passed unanimously. proposed Ordinance No. 03-005. Deputy City Clerk Glinski called the Proposed Ordinance No. 03-006 Re:Rezoning from C-4 Community Commercial and R-i-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) This Ordinance was/nadvertent/y omitted from the proceedings. When it was discovered, the meeting had a/ready adjourned. Proposed Ordinance No. 03-007 Re:Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton 21 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 This Ordinance was tabled earlier in the meeting. Proposed Ordinance No. 03-008 Re:Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) City Attorney Cherof read proposed Ordinance No. 03-008 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-008. Commissioner McCray seconded the motion. Deputy City Clerk Glinski called the roll and the motion passed unanimously. Proposed Ordinance No. 03-009 Re:Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) City Attorney Cherof read proposed Ordinance No. 03-009 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-009. Commissioner McKoy seconded the motion. Deputy City Clerk Glinski called the roll and the motion passed unanimously. C. Resolutions: None D. Other: Consider Developer's request to enter into a Stipulation and Agreed Court Order, which would authorize the City Commission to review the development application that was denied by the Planning & Development Board (moved to Administrative section) XIII, UNFINISHED BUSINESS: None 22 Meeting Minutes Regular City Commission Boynton Beach, Florida February 18, 2003 XZV. AD3OURNMENT: Since there was no further business, the meeting properly adjourned at 9:00 p.m. A~E~: RECORDING SECRETARY CITY OF BOYNTON BEACH VICE MAYOR COMMISSIONER (021903) 23 Boynton Beach Code F. Advertising Requirements. Required advertisements for the applicant' s request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled Planning and Development Board Meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 97-15, § 1, 5-20-97; Ord. No. 00-64, §§ 5 and 6, 12-5-00) Sec. 4.2. Additional authority, functions, powers, and duties, as assigned by the City Commission. The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance. (Ord. No. 97-15, § 1, 5-20-97) Sec. 4.3 Authority Granted by the City Commission. A. The following applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission: 1. 2. 3. 4. 5. Annexation. Code review. Comprehensive plan text amendment. Consistency review. Development of regional impact amendment. Height exception. Land use plan amendment/rezoning. 8. Rezoning. 9. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 10. Conditional Use Approval. B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Department shall be approved by the planning and development board: 1. Abandonment. 2. Administrative appeal. 3. Community Design Plan appeal. 4. Concurrency appeal. 5. Concurrency time extension. 6. Landscape appeal. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Site Plan time extension. 12. Subdivision - master plan. 13. Use approval. 14. Zoning code appeal. 15. Conditional use approval time extension. ,. C... No action of. the Planning and Development Board shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows: 2001 5-15 Planning and Development Generally 6A I. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Development Order. The form of the proposed Development Order shall be approved by the City Attorney. 2. All proposed Development Orders shall be submitted to the City Commission on the consent agenda at the next regular City Commission meeting following action by the Planning and Development Board. 3. Prior to approval of the Commission consent agenda, a member of the Commission may request the removal of any proposed Development Order from the consent agenda for further discussion, consideration, or public hearing prior to ratification. 4. The City Commission may table a proposed Development Order which has been removed from the consent agenda to a future meeting date to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. 5. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order. (Ord. No. 97-22, § 1, 6-17-97; Ord. No. 97-41, §§ 1, 2, 8-19-97; Ord. No. 00-64, § 7, 12-5-00) Sec. 5. Commission designated statutory planning agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning Act, having the general responsibility for the conduct of a comprehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act. Sec. 6. Review of board decisions. All decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application or request made through the planning and development board shall not be deemed final until acted on by the City Commission, unless otherwise stated in this Article or by ordinance. Once final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning and Development Board, prior to any appeal to a court of competent jurisdiction. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. (Ord. No. 97-15, § 1, 5-20-97) Sec. 7. Comprehensive plan adopted; authority, purpose, preemption. A. Authority. Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act. Section 163.3184, et. seq., Florida Statutes, and Chapter 9J-5, Florida Administrative Code. B. Purpose and intent. 1. It is hereby declared that the purpose of such ordinance is to preserve and enhance the existing quality of life; encourage the most appropriate use of land, water and resources consistent with the public interest; address current problems which have occurred because of the use and development of land; 2001 S-15 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance resulting in a 19 foot front yard setback; and Request for relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%) maximum lot coverage within the R-l-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Drive Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica_.,ot's application for relief is hereby "'" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately, upon issuance by the City Clerk. 6. All further development on made in accordance with the terms and conditions of this ord, 7. Other DATED: ~ -,~ I-O.~, J:,S.RDA'rA,P.ann.n,,SHARED,WP~FORMS,B.anks forms fo.der~Deve.o~~Cclerk- Location Map BUCHANAN ZNCV 02-017 LOT 12, COQUINA COVE VIA LAGS- __.R3 SEAVIEW CIR~ LAKE WORTH/ICWW BOYNTON CANAL C-16 i EXHIBIT -~--?[]IR.B. BRENNAN SU~P"~.Y1NG LEI. EXHIBIT "C' EXHIBIT "C" GARAGE1 ~ DINING KITCHEN U~NG ROOM BEDROOM BATH #1 BATH #2 GARAGE 2 I ............ 'EXHIBIT "C" EXHIBIT "D" Conditions of Approval Project name: Buchanan Variance File number: ZNCV 02-017 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Buchanan Variance\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars - Schnars Engineering Corp APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for a 8,754 square foot office/retail building in a proposed MU-L zoning district on a .52 acre parcel. LOCATION OF PROPERTY: 924 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~5' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. o The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". o The Applicant's application for relief is hereby ,'~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development~~e~shall be made in accordance with the terms and conditions of this~ 7. Other DATED: _,~ ""o~l"O ,~ ~.._'~'ZO~i~'¢' - -' /i i . - ~ ~ / City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr~NWSP 02-~24\DO.doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" ! ! PU N,- ?-r _~...L~.'~ z: , t I NE 6TH Q'T I EXHIBIT '.'B" o rn 0 -r ITl m x~ i I BIT "B" EXHIE EXHIBIT "B" ~z~ ' ' ~ ~i,,, j.o, !~ ~d~:.l~ ~ , ~t · ' * 'l~Jlh~,~ ,, ~'~:~ ,, · iII ~i! ~i :lmm ':. q, :;i:i:! It:!: ;'I ti:::::!; :llf[l[::., :,,,, ::' :':iii ::"':"" l:i,':. Il III, il::! ,'i, ,: ' ,.,., :': i ':" :': ,.,:,, :,l ', I: .., ,l: l: ,,, ,ijli :J! ,i::';::: '"'"' J,,t, 1i ,l,,,r ..... "':' :: ,::'::,,:?: .,.,: ii:I~:,:: '"' ! ill !! ": ,,_ !!, ,::i I! :" :" '"-": :':,' [ii ,i::,,, : :;; ;i, 'I' I :l]l:iil I? · ':' ,~,,. '-~-: i'!i:ll;i .,.,, ,~i]][ :[ ,:;:,l · ,,,:,' ,,,... ,..:,,., III,,:.. ..,~',:::. ,:::,,,., :: :,..,l., ,,,,,, ,..,, .,,. ,,": i,i: ]:[I il'Jif iii ~,, I ,: ,'I' ,t: f~.[[.:l! ~::[i .... ' '~':, i]lJtl:iI' ilr~ ,iii "Ii iii; IIi jJJ 11 ~ -I~ ' [;'I! ii:]: ' EXHIBIT "B" ~< EXHIBIT "B" EXHIR T "B" 0 I ~ '~ ,~J BOYNTON BEACH FLORIDA I'--Vi III-t ~B , !1 JJJ~" SCHNARS BUSINESS CENTER I! ! I~]~!1 BOYNTON BEACH FLORID~ Ilia)II jill I I I I BOYNTON BEACH FLORIDA EXHIBIT "C" Conditions of Approval Project name: Schnars Business Center File number: NWSP 02-024 Reference: 2nd review plans identified with a January 14, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. All work done within the Federal Highway right-of-way shall require X FDOT approval and permitting. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. All engineering construction details shall be in accordance with the X applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 3. At time of permit review, submit signed and sealed working drawings of X the proposed construction. PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The approval of this site plan is contingent upon approval of the request X for rezoning all parcels (parcels 20-23 inclusively) to Mixed Use Low (MU-L) and approval of the Land Use Amendment to Mixed Use for parcels 21, 22, and 23 to the west. 5. The approval of this site plan is contingent upon approval of the request X for the abandonment of the existing 20-foot alley. 6. The parking lot driveway entrance along the western property line shall X be constructed at least one hundred eight (180) feet from an intersection along collector streets or those of a higher classification. (LDR Chapter 23, Art. 11. H.3.). Move driveway to meet minimum separation requirement, request and receive a variance for the minimum relief necessary to maintain driveway on west side of property, or remove the driveway. ADDITIONAL COMMUNTIY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 7. To increase the visual separation between the residential neighborhood X and the proposed project, consider replacing the Live Oak trees along the east buffer with Gumbo Limbo trees. 8. Awnings color (dark color as proposed) will fade; consider a lighter X shade of color for the awnings. 9. The proposed decorative moldings above and below the windows to be X widened to the extent of the window and shutters combined. 10. Consider continuing the buffer wall along the south property line further X west of the proposed dumpster. 11. Consider installing a buffer wall along the south side, approximately 20 X feet west of proposed dumpster location. DEPARTMENTS INCLUDE REJECT 12. Consider an altemative location for the dumpster. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\NWSP 02-024\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Coastal Bay Colony Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64th Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of 64 fee-simple townhouse units on 4.34 acres LOCATION OF PROPERTY: West side of Federal Highway, south of Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~,'"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: _,~ -'~/-O ,~ S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-026 City Clerk Location Map COASTAL BAY COLONY EXHIBIT "A" , i / t R3 EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" .... EXHIBIT "B" "' E~Fil;BIT "B" !Ii t/ i ) ii: COASTAL BAY COLONY SITE PLANTING PLAN Ilo COASTAI~ BAY COLONY LANDSCAPE ELEVATION BIT "B" COASTAl. BAY COLONY SITE TR~ DISPOSITION PLAN ['":Ill.llr l I=:AI'It£ IT "B" !ii:] ICOASTAL BAY COLONY SITE LANDSCAPE LIGHTING PLAN · ' EXHi. BIT "B" ¢___-.O,~TAL ES,~,"r' C. OLON'T' EXHIBIT "B" Z Z Z -4 I-- EXHI'BIT "B" COLON'r" EXHIBIT "B" 'EXHIBIT "B" EXHIBIT "B" m l'- l'n .-q m f- re --4 EXHIBIT "B" O0~,STAL E5 ~'"r' EXHIBIT "B" .... " EXHIBIT "B" HIGHwAY~I EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: NWSP 02-026 Reference: 2nd review plans identified as a New Site Plan with a January_ 21, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 2. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings B-98001 and B-90013 for striping details. 3. No direction of flow is shown for the northernmost section of the subdivision. X Please correct. UTILITIES Comments: 4. All utility easements shall be shown on the site plan and landscape drawings X (as well as a new Water and Sewer Plan Sheet) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights- of-way. 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 6. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, COA 02/07/03 2 DEPARTMENTS iNCLUDE REJECT Section 26-33(a). FIRE Comments: 7. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. POLICE Comments: None X ENGINEERING DIVISION Comments: 8. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 9. Landscaped areas shall be protected from vehicular encroachment by a X continuous, raised curb (LDR, Chapter 7.5, Article II, Section 5.A. and Chapter 22, Article II, Section E.) Curb appears to be missing around the "driveway" in the southeast comer of the subdivision. Revise plans accordingly. 10. Any damage to the irrigation system and/or landscaping as a result of the X contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. 11. At a minimum, existing and proposed elevations are required on the paving X and drainage system plan in accordance with the LDR, Chapter 4, Section 7.F. Provide preliminary calculations showing pre- and post-development permeability areas and storage requirements. 12. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. The drainage system shall conform to City Standard Drawing B- 91007. COA 02/07/03 3 DEPARTMENTS INCLUDE REJECT 13. The roadway north of the entryway is incorrectly dimensioned as 16 feet. Please correct to 20 feet. 14. Paving and drainage system details as shown on sheet PD2 of 2 will not be X reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 15. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool/clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the pool/clubhouse/lease office building 18. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a COA 02/07/03 4 DEPARTMENTS INCLUDE REJECT drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. PARKS AND RECREATION Comments: 19. The Park & Recreation Impact Fee is due at the time of the first applicable X building permit. The plans indicate there will be 64 single family attached residential units in the development. According to Chapter 1, Article V, of the Land Development Regulations the calculation of the Parks & Recreation Facilities Impact Fee is as follows: ~ $771 ea = $49,344 (Recreation Impact Fee). FORESTER/ENVIRONMENTALIST Comments: 20. The applicant should indicate on the landscape plan the existing trees that will X be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-2 (Chapter 7.5, Article II Section 7.C). I I PLANNING AND ZONING Comments: 21. Approval of this site plan is contingent upon the approval of the land use / X rezoning application (LUAR 02-014). 22. Place a note on the site plan (sheet SP1 of 2) that no solid or screen roof X enclosures will be permitted on the townhouse units. 23. The width of the internal driveways (private rights-of-way) shall be approved X by the Engineering Division. 24. On the site plan, indicate the width of the driveway opening proposed on Golf X Road to ensure it complies with Chapter 23, Article II.H. COA 02/12/03 5 DEPARTMENTS INCLUDE REJECT 25. If required by the Engineering Division of Public Works, the applicant shall X submit a request to abandon any easements. 26. On sheet "L-3", indicate the letter colors (of the signs) to ensure compatibility X with the proposed project and surrounding properties. 27. The elevations of the privacy wall should indicate the exterior finish and X proposed colors to ensure compatibility with the subject project and surrounding properties. 28. Show the location of the A/C pads on the site plan. X 29. Provide the building dimensions on elevation sheets "A4" and "A-5". X 30. On the landscape plan, ensure that the type and quantities of landscape X material match between the graphic illustration and the plant list. 31. Staff recommends enhancing the side elevations of buildings that are exposed X to Federal Highway (Building 1, 2, 4, 10, 11, and 12). Enhancements could include but are not limited to the following: awnings, shutters, banding, window molding, window base, imitation keystone trim. 32. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-wag. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 33. The entrance gate (proposed at SE 23rd Avenue) shall be shifted southward to X maximize vehicle stacking without the entrance gates swinging into the drive aisle. A minimum of 2 or 3 cars capacity shall be provided. 34. The applicant shall work with staffto redesign the front entrance (from US-l) X to allow for increased queuing distance and to allow for a visitors escape lane/guest mm around area. 35. Increase the height of the proposed trees adjacent to the gas station and Los X Mangos. The shade trees (Live Oak) shall be installed at 16 feet in height. 36. The proposed building colors shall closely resemble the colored rendering X rather than the colors indicated on the elevation drawings (i.e. include the red color shown on the rendering). COA 02/12/03 6 DEPARTMENTS INCLUDE REJECT CITY COMMISSION COMMENTS: Comments: 37. To be determined. ~ MWR/elj S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-026 Coastal\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Southern Homes of Palm Beach, LLC Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64th Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of a 3,200 square foot temporary construction / sales trailer on 2.26 acres in a C-3 zoning district LOCATION OF PROPERTY: West side of Federal Highway on Lots 62 & 63 of "Trade Winds Estates", south of the intersection of Federal Highway and Old Dixie Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. o The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o This Order shall take effect immediately upon issuance by the City Clerk. All further development_o~'~b~~v shall be made in accordance with the terms and conditions of- ---- t h is/~r_~it~~.~, 7. Other DATED: ~-~1- O~ ",~~~ Ci~ ~/''Clerk SRPlanning~SHARED~W~PROJECTS/Coastal ~y C~on~NWS ._..__._oc Location Map SOUTHERN HOMES EXHIBIT "A" REC // R3 R3 NIC__ ICWW N W'~E S EXHIBIT "B" . ! EXHIBIT "B" : ; I I ~ ~ ~ - ~ o~4L HiG~W4 y) ~ ~ .... EXHIBIT "B" ;! l - _ _ _ No.//SOu T,~, ~'£D~I~4L HIG~HI4 Yl Z C) EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER FOR SOUTHERN H O /vl£ S SOUTHERN HOMES EXHIBIT "B" © 0 " o 0,., -' ..... /*¢ c ................. TEMPORARY CONSTRUCTION/SALES TRAILER SOU~'HERN HOMES '~'"~""°'"~"'"""~' .,,~.,,o,., ~,t^,.,,, ,~o.,.., ..o.. EXHIBIT "B" ', . ,..o,, ~, o..%,, ,,,,.., s o u ~' H e r N H 0 M E $ .... ~'~ ........... EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER fox SOUTHERN HOMES EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER SOUTHERN HOMES SOUrHEkN HOMES EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER SOUI~HERN HOMES EXHIBIT "B" EXHBIT "C" Conditions of Approval Project name: Southern Homes of Palm Beach Temporary Sales Trailer File number: NWSP 02-027 Reference: 2na review plans identified as a New Site Plan with a January 30, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application, contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. In lieu of a dumpster enclosure, staff recommends the use of a roll-out cart for refuse collection at this site. PUBLIC WORKS - Traffic Comments: 2. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. UTILITIES Comments: 3. Sanitary sewer is not available at this time, without significant off-site X construction by the applicant. At this time, the Engineering Division is providing only a cursory review of the site plan. The applicant will be required to provide an alternative method (sanitary collection facility) to be serviced regularly by a licensed contractor. Therefore, the utility plan detailing this information will be required prior to the issuance of a building (trailer) permit. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION COA 02/07/03 2 DEPARTMENTS INCLUDE REJECT Comments: 5. Show proposed site lighting on the landscape plan (LDR, Chapter 4, Section X 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A. 1.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property one of the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). 6. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. At the time of permitting, provide typical sections of the paved areas, X specifying the asphalt, base and sub-base thickness as well as typical sections for sidewalk and curbing. BUILDING DIVISION Comments: 9. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION COA 02/07/03 3 DEPARTMENTS INCLUDE REJECT Comments: None ] X FORESTER/ENVIRONMENTALIST Comments: 11. The applicant should indicate on the landscape plan any of the existing trees X that will be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-1 (Chapter. 7.5, Article II Sec. 7.C). 12. All trees shown on the landscape plans must be 12 feet to 14 feet in height X and 3 inches in caliper at time of planting (Chapter. 7.5, Article II Sec. 5,C, 2). PLANNING AND ZONING Comments: 13. A unity of title will be required prior to the issuance of a building permit. X 14. No office use shall occur within the decorative structure. X 15. A traffic impact statement is required (Chapter 4. Section 8.F.). The X applicant will not be allowed to submit for building permits until the statement has been submitted to the Planning & Zoning Division and reviewed and approved by the Palm Beach County Traffic Division. 16. The site plan tabular data on sheet SP2 of 2 is incorrect. The Future Land X Use is General Commercial (GC) and the Official Zoning district is Community Commercial (C-3). Also, eliminate "Recreation Area" and "Water Area" from the table. 17. The site plan tabular data on sheet SP2 of 2 is incorrect. Eliminate the X proposed building height of 23 feet - two (2) inches and insert the correct building height. 18. Provide a rear elevation of the construction / sales trailer prior to the X Community Redevelopment Agency meeting. 19. Submit a color sample / swatch of all major exterior finishes. All elevation X drawings shall include the manufacturer's name and color code. Staff recommends using a color schedule (Chapter 4, Section 7.D). 20. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). COA 02/07/03 4 DEPARTMENTS INCLUDE REJECT 21. Identify the "CS" plants on the landscape plan (sheet SP-1). X 22. Correct the spelling of Bougainvillea on the landscape plan (sheet SP-1). X 23. A tree will be required for every 30 feet within the landscape buffer along X U.S. 1 (Chapter 7.5, Article II, Section 5.D.). 24. The landscape buffer along U.S. 1 (front landscape buffer strip) must contain X the following elements: The outside layer shall be a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row. The inside layer shall consist of a continuous hedge or decorative site wall (Chapter 7.5, Article II, Section 5.D.). 25. Ensure that the quantity of plant material in the landscape plan's plant list X matches the graphic illustration. 26. Landscaping at project entrances shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees. 27. Staff recommends removing the billboard prior to the issuance of a building X permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ MWR/elj S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-027-Temp Sales Trailer\COA.doc