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Minutes 04-07-04MZNUTES OF THE REGULAR CTI'Y COMMI~SS1'ON MEE'I'LNG HELD TN COMMZSSI'ON CHAMBERS~ CTI'Y HALL~ BOYNTON BEACH~ FLORZDA~ QN WEDNE~;DAY~ API~L 7~ 2004 AT 6:30 P.M, Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Lindsey Payne, Assistant City Attorney Janet Prainito, City Clerk T. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Randall Gill, First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Gill offered the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. Ensler and carried unanimously. Motion was seconded by Commissioner TI:. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson commended Wayne Segal, Director of Media & Public Affairs, and Teresa Zabik of the Recreation & Parks Department for the fine job they did with the Medieval Faire that was held at Jaycee Park a few weeks ago. The park was a beautiful venue and everyone had a good time. Commissioner McKoy asked everyone to join Senator Mandy Dawson and other members of the Palm Beach County Caucus of Black Elected Officials in a petition drive to restore voter dignity. This will be held at the Ezell Hester Community Center on Saturday, April 10th, at 10 a.m. until noon. Currently, the State Constitution precludes any person convicted of a felony from being able to vote until that person's civil rights have been restored through a process of executive clemency. About 95% of the felons who have completed their sentences and request clemency are denied the restoration of their civil rights and of their right to vote. Approximately 500,000 signatures of registered voters are needed to place this issue on the 2004 general election ballot. Meeting Minutes Regular City Commission Meeting Bovnton -P~-ach, Florida April 7~ 2004 III. ANNOUNCEMENTS, COMMUNI'TY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Boynton Beach Sister Cities Young Artists' Competition Exhibit at Schoolhouse Children's Museum - Through April 16, 2004 Wayne Segal, Director of Media & Public Affairs, invited everyone to the Schoolhouse Children's Museum for the Young Artists' Competition Exhibit. On behalf of Commissioner McKoy, Mr. Segal invited everyone on Saturday at 1:00 p.m. to Barnes & Noble for Coffee with the Commissioner. Mr. Segal also announced that there would be an Oceanfront Concert on Friday, April 16th from 7:00 to 10:00 p.m. with Cricklewood as the band. Commissioner McCray commented that during the Coffee with Commissioner McKoy, there would be a discussion on the book that is being read in Palm Beach County. C. Presentations: 1. Proclamations: a. Arbor Day Proclamation - April 30, 2004 Mayor Taylor read the Arbor Day Proclamation. IV, PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMTrED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Warren Timm, 130 NE 26th Avenue, spoke regarding the $8.6M bond issue from the utilities tax. He questioned where these funds were currently being used. City Manager Bressner explained that they are being used for operating expenses and capital projects. The problem is that what is received in new revenues per year, over and above what is paid for debt service, is a relatively small amount. The reason for the bond issue was to move these projects forward. Commissioner McCray asked how much in reserves the City is supposed to have. City Manager Bressner answered that the standard recommendation is from four to six months' worth. The City of Boynton Beach has approximately 21/2 months of reserves. 2 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 Loraine, 1202 Old Boynton Road, lives across the street from the Winchester property. She felt that the undeveloped property should become a premier park for the Boynton Beach Little League team. The park should have meandering natural bike paths, native plants, picnic tables and exercise stations. She presented two petitions that are on file in the City Clerk's Office. City Manager Bressner explained that the Winchester property is not an item on tonight's agenda. The Suburban Mixed Use ordinance is an enabling legislation that could potentially impact that parcel as well as other properties in the City. Bill Walton, Venetian Isles, asked what was going to be built on the Winchester property as he thought the plan has been rather hush-hush. There is a possibility of high density, seven- story high-rises and condominiums, which he felt was undesirable. The residents want to know the type, size and height of buildings and the density. The people who would have to pay additional taxes for additional services should have a voice in the rezoning of the land. A high- density development would have an unbelievable impact on Old Boynton Road. He asked that the Commission vote in favor of Iow-density buildings with no access to Old Boynton Road. 3ohn Woodward asked what the City's plans were for all the vacant land in the City. He wanted to know if they were all going to be developed or would some be left for parks. Mayor Taylor said that not all the vacant land would be developed. There are plans for parks in the future. Mr. Woodward asked what the plans were for the Winchester property. Mayor Taylor said that the plans for that parcel were submitted to the City a few days ago and he has not seen them yet. Diana Guevarez, 783 NW 11~ Street, said that she read in the newspaper that Mr. Comparato plans to build on the Winchester property. His Renaissance project, combined with the one on the Winchester property, would dwarf CityPlace. She said that when she called the City, she was told that no plans had been submitted. The residents do not understand what is going on. Mayor Taylor said that the Commission has not seen the plans yet. However, there will be public hearings in the future. Ms. Guevarez inquired whether the public hearings would only be advertised in the newspaper. She suggested that the public hearings be announced in the newsletter that is sent with utility bills. Commissioner Ensler commented that the notification process provides that any homeowner association within 400 feet of the property would be notified of the meeting. Mayor Taylor commented that it was his understanding that Mr. Comparato had scheduled a meeting to address the homeowners' concerns and only 12 people attended. 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 City Manager Bressner said that staff would copy everything that was submitted and share it with a representative of the concerned homeowners. He will circulate a sign-up sheet tonight and asked everyone to list their names, addresses and telephone numbers and designate one or two people as principal contact persons. Mada Daughtry, 843 NW 11th Street, was opposed to any building higher than 45 feet as was voted on by the people. She said that the people of Boynton Beach do not want a height increase and she asked that the Commission vote against it. The citizens are far more important than the developer. She asked Commissioner Ensler to explain how he knew this would pass before a Commission vote. Commissioner Ensler said that his comment dealt with the ordinance, not the Winchester site. Commissioner McCray hoped that the Commission would return to its procedure of not having dialogue with the people at the podium but having the City Manager answer their questions in writing. Mayor Taylor said that the procedure he uses is that all questions are addressed to the Chair. Andy Guevarez, 783 NW 11m Street, said that the citizens felt that the Commission was not listening to them and they have the impression that the Commission has already made up its mind. Tt did not sit well with him to learn that the developer (of Rena/ssance Commons) is sponsoring the State of the City Address for the Mayor. He understood that the Commission is not addressing the Winchester property at this time. However, he felt that the new zoning ordinance would affect the entire City. At the previous Commission meeting, not one person except the builder was in favor of the zoning ordinance and the Commission passed it on first reading. Mayor Taylor thought that the citizens were dealing with a lot of assumption and misunderstanding. The Commission has seen the plans for the Motorola property, but not the plans for the Winchester property. Mayor Taylor was aware of an E-mail that was circulated saying that Compson & Associates was sponsoring the Mayor's State of the City Address. He explained that the Chamber of Commerce invites the Mayor to give this Address annually. The Chamber puts on a luncheon monthly and solicits sponsorship from various businesses. Mayor Taylor has no control over this. Charlie Fisher, 8069 Stirrup Cay Court, wanted to confirm for the audience that when the ordinance comes for second reading, the public would be allowed to speak on it. Lisa Peterfreund, 1338 Fairfax Circle East, asked whether the issue of qualifications for the Planning & Development Board would be addressed tonight. City Manager Bressner answered that this issue was not on the agenda; however, a Commission member could bring up any idea he wished to discuss under New Business. 4 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 Ms. Peterfreund was concerned to learn that the Planning & Development Board would be comprised of only architects or people with certain levels of certification. She understood that people with expertise were needed but felt that regular citizens should also have an opportunity to serve on this board. Regarding the Winchester property, she did not object to increased density. However, she felt that the greenspace should be increased as well. Since there was no one else wishing to address the Commission, the public audience was closed. V. ADMTNZSTRATZVE: Accept resignation from Olive Field, Regular Member of the Senior Advisory Board B. Accept resignation from Sarah Dye, Alternate Member of the Community Relations Board Motion Vice Mayor Ferguson moved to accept the resignations of Olive Field, Regular Member of the Senior Advisory Board and Sarah Dye, Alternate Member of the Community Relations Board. Motion was seconded by Commissioner McCray and carried unanimously. C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date ! Ensler Advisory Bd on Children & Youth Stu/Voting I yr term TV McKoy Cemetery Board Reg 3 yr term Mayor Taylor Code Compliance Board Alt 1 yr term !I! Ferguson Community Relations Board Alt i yr term !V McKoy Community Relations Board Reg 3 yr term !! McCray Education Advisory Board Stu I yr term !II Ferguson Education Advisory Board Reg 2 yr term T Ensler Golf Course Advisory Committee Alt 5-yr term 11' McCray Senior Advisory Board Reg 2 yr term Commissioner Ensler Committee. to 4/04 Tabled (3) to 4/06 Tabled (2) to 4/04 to 4/05 to 4/O5 to 4/04 Tabled (2) to 4/05 Tab~ed (2) to 6/06 to 4/05 appointed Arthur Gabler as an Alternate Member of the Golf Course Advisory Vice Mayor Ferguson appointed .loseph Bartley as an Alternate Member of the Community Relations Board. 5 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida APril 7, 2004 Commissioner McCray moved Rose Love from an Alternate Member to a Regular Member of the Senior Advisory Board. All other appointments were tabled. Motion Vice Mayor Ferguson moved to approve the appointments. motion that carried unanimously. Commissioner McCray seconded the V:[. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of March 12, 2004 Regular City Commission Meeting of March 16, 2004 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the contract for "THE CONSTRUCT[ON OF FIRE STAT[ON #4,' BID#O34-2413-O4/C3D to O'CONNOR & TAYLOR, INC. of West Palm Beach, Florida, in the amount of $1,888,000 and approve an owner's contingency of 10% in the amount of $188,800 for a total project budget appropriation of $2,076,800 (Proposed Resolution No. R04-046) Approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEGIC PLAN AND UPDAT[NG THE RECREA'I']ON AND OPEN SPACE ELEMENT OF THE C1TY OF BOYNTON BEACH'S COMPREHENSIVE PLAN," RFQ#O25-2710-O4/C.]D; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services Mayor Taylor pulled item B.2 from the Consent Agenda. C. Resolutions: Proposed Resolution No. R04-047 Re: Contract between Hidden Brook Co. of Boynton Beach and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 601 South Federal Highway for the purpose of Fire Rescue training Proposed Resolution No. R04-048 Re: Acceptance of a Surety Escrow Agreement for the Largo Pointe subdivision in the amount Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Aoril 7~ 2004 of $3,710.41, and approval of a Release of Unity of Title on the subject property Proposed Resolution No. R04-049 Re: Agreement with the South Florida Water Management District to accept a $300,000 grant for the construction of Aquifer Storage and Recovery (ASR) well #2 Mayor Taylor pulled item C.3 from the Consent Agenda. D. Ratification of Planning & Development Board Action: Boynton Commerce Center (USAP 04-001), 1800, 1900, 2000, 2100 Corporate Center Drive - Request to include "catering and food services" on the list of permitted uses within the Boynton Commerce Center Planned Tndustrial District (P[D) Renaissance Commons Phase ! (HTEX 04-001), 1500 Gateway Boulevard - Request for height exception of 5' 4" to allow for the hip- roofs associated with elevator mechanical rooms and stair towers to extend above the 45-foot maximum height provision in the Community Commercial (C-3) and Planned Industrial District (PI~D) zoning districts E. Ratification of CRA Action: None Approve the Marina Village at 13oynton Beach Record Plat, conditioned on the approving being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper) and Jeffrey R. Livergood, PE (Director of Public Works) Approve return of cash bond of $8,208.20 to Anderson-Moore Construction Corp. for the project known as the Bethesda Hospital physician's parking garage Approve the performance bond for the development called Serrano, PUD (a 47 S.F.R. development abutting the east property line of Village of Golf and just north of Palmland Drive and the L-28 canal). The bond is subject to approval by the City Attorney and issuance of the land development permit. Approve the Coastal Bay Colony, a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .Ir., PE/PSM (City Engineer and Surveyor & Mapper) Approve transfer of funds from the City Contingency Account No. 001-1211-512- 99-01 to the City Attorney's Litigation Contingency Account No. 001-1910-514- 31-14, which will provide the funding for the settlement in the matter of Vincent 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florid; Aoril 7, 2004 Molle vs. City of Boynton Beach, which settlement was approved on March 16, 2004 Authorize the use of Community Investment Funds to Florida Trust for Historic Preservation, Inc.- $500 requested by Mayor 3erry Taylor Authorize City staff to prepare a letter to South Florida Water Management District agreeing to include .03 acres of property in an off-site mangrove mitigation area on behalf of the Marina project Commissioner McCray pulled item L from the Consent Agenda. Motion Vice Mayor Ferguson seconded the motion moved to approve the Consent Agenda as amended. Commissioner Ensler that carried unanimously. B,2, Approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEGIC PLAN AND UPDA'ITNG THE RECREA~ON AND OPEN SPACE ELEMENT OF THE C1TY OF BOYNTON BEACH'S COMPREHENSIYE PLAN," RFC~#025-2710-04/CJD; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services Motion Commissioner McKoy moved to table item B.2. Vice Mayor Ferguson seconded the motion that carried unanimously. C,3, Proposed Resolution No. R04-049 Re: Agreement with the South Florida Water Management District to accept a $300,000 grant for the construction of Aquifer Storage and Recovery (ASR) well #2 Dale Sugerman, Assistant City Manager, explained that there was an error on page one of the original grant documents. He presented a corrected page for the record. A copy is on file in the Office of the City Clerk. Assistant City Manager Sugerman explained that ASR is an acronym for Aquifer Storage & Recovery. It is a rather large bubble of fresh water that occurs between 900 and 1200 feet below the surface of the ground. During the wet season, water is pumped into and stored in the ASR well. Tn the dry season, if the water plants cannot keep up with the demand, fresh water is pulled back from the bubble, put in the plants, treated and distributed. The cost of construction is approximately $1.3M. The grant from the South Florida Water Management District will pay for 25% of the project cost. M~tion Vice Mayor Ferguson moved to approve item C.3 as amended. the motion that carried unanimously. Commissioner Ensler seconded Meeting Minutes Regular City Commission Meeting BQynton Beach, FIQri;Ip April 7, 2004 Authorize City staff to prepare a letter to South Florida Water Management District agreeing to include .03 acres of property in an off-site mangrove mitigation area on behalf of the Marina project City Manager Bressner explained that, at the request of the City, the developer of the Marina project relocated a sanitary sewer line. It was deemed prudent to relocate this line because the proposed location of buildings at the Marina would place them very close to the existing vitrified clay pipe. The routing was within the right-of-way of what is called Marina Drive. Marina Drive touches on approximately 280 square feet of mangroves that would need to be mitigated. The South Florida Water Management District supports the mitigation process that would relocate mangroves to another site that the City would provide. The developer would pay for the mitigation. The CRA, as part of their project for the Boynton Beach Promenade, is also going to be required to mitigate some mangroves. The proposed site for the mitigation is the property at Jaycee Park. The City's concern was to ensure that there was a public benefit associated with the developer's relocation of the sanitary sewer line. This was met by future avoidance of maintenance problems of that sewer line. City Manager Bressner recommended that a letter be written to the South Florida Water Management District as to the mitigation of .03 acres of mangroves on the Jaycee Park with the understanding that the developer would be paying twice the going rate. The additional charge would be used to construct and provide equipment for the park. The developer has agreed to this. The other element of mitigation for which there has not been closure yet is an additional .03 acres of mitigation necessary for a transformer pad in the event that the electric utilities are placed underground. Currently, the plans call for the electric utilities to be placed underground on Marina Drive but not on the property that abuts Boynton Beach Boulevard. l:n order to allow the City Manager to continue negotiations with the developer on this matter, he is requesting authority to write two letters. One letter would be regarding the sanitary sewer realignment and the second letter would be relative to the other .03 acres in anticipation of successful negotiations with the developer for undergrounding utilities. Motion Commissioner Ensler moved to authorize City Manager Bressner to write the two letters. Commissioner McCray seconded the motion that carried unanimously. VZz, CODE COMPLLANCE & LEGAL SETTLEMENTS: None VTTT. PUBLI'C HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Project: Agent: Mixed Use Code Review (CDRV 04-001) (RE"rABL£D ON 03il City initiated Meeting Minutes Regular City Commission Meeting BoYnton Beach, Floridil April 7, 2004 Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts (1sT READING OF PROPOSED ORDINANCE NO. 04- ) :Item A was left on the table. B. Project: Agent: Owner: Location: Description: High Ridge Commerce Center z! Dance Studio (COUS 04-002) .loni Brinkman, AICP, Winston Lee & Associates Levitt Commercial High Ridge II, LLC Southwest corner of High Ridge Road and Miner Road Request for Conditional Use approval to allow a Dance Studio in an M-1 zoning district Mike Rumpf, Planning & Zoning Director, explained that the Zoning Code was amended to allow dance studios in the M-1 zoning district. Staff was originally opposed to this due to the possibility of incompatibilities between such uses that would attract children in industrial environments. As a compromise, the conditional use requirement was placed in the Code. Staff's principal concerns with such a request are industrial environment and parking. These concerns were addressed by the project's quality, improved and quality roadway network in the area, the residential uses in the vicinity and the ownership form of the project. Therefore, staff supports this request at this location. No one from the public wished to address this issue. Motion Commissioner McCray moved to approve. carried unanimously. Vice Mayor Ferguson seconded the motion that Project: Agent: Owner: Location: Description: Chick-FiI-A (COUS 03-010) Rachel Hall, TnterPlan LLC Oriole Homes Corporation B.l's out parcel; south of Boynton Beach Boulevard, west of Winchester Park Boulevard extended Request for Conditional Use approval for a 3,972 square foot restaurant with drive-thru restaurant on a O.87-acre parcel in a Planned Commercial zoning district Mike Rumpf, Planning & Zoning Director, explained that a restaurant is a permitted use in this zoning district. However, the ddveothru feature of the restaurant triggers the conditional use requirement. Staff finds that when all staff comments are satisfied, the project will be in compliance with all codes and applicable requirements. Staff finds that the project is compatible with adjacent properties and a positive improvement to the City. Both staff and the Planning & Development Board recommend approval, subject to all conditions listed in Exhibit C. No one from the public wished to address this issue. 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida April 7, 2004 Mayor Taylor asked whether the agent was agreeable to all conditions. Mr. Rumpf stated that she was. Motion Commissioner McCray moved to approve. carded unanimously. Commissioner McKoy seconded the motion that Special Warranty Deed conveying title from the City of Boynton Beach to Habitat for Humanity of South Palm Beach County, :[nc. for Lot 2, Block 12, Happy Home Heights; and Special Warranty Deed conveying title from Habitat for Humanity of South Palm Beach County, [nc. to the City of Boynton Beach for Lot 172, Block A, Boynton Hills (Proposed Resolution No. R04-050) Charles Fix, a volunteer with Habitat for Humanity, said that Habitat for Humanity owns the two lots to the east of the one they are asking to be deeded over to them. They would return the lot given to them by the City in 2002 because it is too small to build on. They will then be able to build two homes for people in need. Motion Commissioner McCray moved to approve. carried unanimously. Motion was seconded by Commissioner Ensler and 7~(. CZTY MANAGER'S REPORT: Proposed Resolution No. R04-051 Re: City Commission approval of a contract and addendum for purchase and sale of a 9.3± acre site at the corner of Gateway Boulevard and High Ridge Road, subject to successful completion of all due diligence on the acquisition City Manager Bressner explained that this property is vacant property located on the southeast corner of Gateway Boulevard and High Ridge Road and is zoned planned industrial. The City is proposing to acquire this property for the construction of a fire station and construction of a future public safety building. Staff has been looking for property for a northeast fire station for well over a year. To acquire property in this area just east of 1-95 would require relocation of residents. The average cost for assembling property with relocation east of 1-95 ranges from $19.67 to $32.61 a square foot. The cost of this property is $10.67 per square foot. The action that is requested is to authorize the purchase of the property and consider funding the property by rolling the cost into the bond issue. This would save $170,000 in interest costs. Commissioner McCray asked regarding accessing 1-95 from this location. City Manager Bressner responded that this location would require a right turn onto Gateway Boulevard to go over to T-95 and provide service east of T-95. Staff specifically looked at this parcel as opposed to the parcel across the street on Gateway Boulevard because that would have required a left turn. City Manager Bressner also explained that the County is working on 11 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 development of traffic signal preemption that provides to bona fide emergency vehicles the ability to override a traffic signal to get a green light. If deployed, it is estimated that response time for every emergency call would be cut by 45 seconds. This preemption would probably not take place for another 21/2 years. Motion Commissioner McCray moved to authorize the City Manager to proceed to purchase the property. Commissioner McKoy seconded the motion that carried unanimously. Proposed Resolution No. RO4-O52 Re: Tssuance by the City of Public Service Tax Revenue Bonds, Series 2004, not exceeding $19,000,000 in aggregate principal amount, to finance various capital expenditures of the City and to refinance the City's Public Service Tax Refunding Revenue Bonds, Series 1993 City Manager Bressner explained that the City Commission went through a series of public meetings after the 2003 general obligation bonds did not pass. They requested that City staff come back with a financing plan that would allow the City to proceed with as many projects as possible but not to borrow an excessive amount. With borrowing $8.6M for these projects, a fund balance cash reserve of $6.5M and a projection of $3.2M in grants over the next 36 months, the total sources would be $18.3M. The projects that would be funded with this would be as follows: Library expansion Wilson Center Interim restoration of Old High School Tntracoastal Park Clubhouse Jaycee Park purchase Nautica Park Southeast Neighborhood Park Phase 3, Senior Center Oceanfront Park improvements Land purchase for Wilson Park Renovation & refurbishment of Wilson Pool Renovation & improvement of Wilson Park $6.1M $2,4M $300,000 $1.8M $3.4M $398,000 $300,000 $650,000 $502,000 $35O, OOO $1.3M $379,000 This is approximately $18M worth of projects. City Manager Bressner asked that in addition to the $8.6M, funds for the purchase of property for the fire station be included in the overall bond issue. Mark Raymond of Moyle Flanagan has been the City's bond counsel since 1986. He explained that this proposed bond issue could be broken down into three components - $8.6M of new money to finance the capital improvement projects, new money of approximately $2.9M for the fire station property and a refunding of the 1993 series bonds. 12 MeeUng Minutes Regular City Commission Meeting Bovnt0n Beach, Florid; April 7, 2QQ4 The 1993 series bonds were issued to finance a variety of projects, the largest of which was the satisfaction of the Tradewinds judgment. The debt service on the 1993 Bonds is approximately $1.9M a year for the next couple of years and those bonds will be paid off if we do not proceed with the refunding in 2010. What is being proposed is that the 2004 bond issue will pay off the 1993 bond and we will have debt service that is less than that. The debt service will be $1.8M until 2010 and then will drop below that and will continue until 2018. Therefore, the debt service would not be increased; it would be extended. If the resolution is adopted, it would authorize bonds not to exceed $19M. These bonds would be paid solely from the Public Service Tax and Discretionary Communications tax. Tt does not contemplate any increase in the level of those taxes to service this debt. Mr. Raymond explained that the investment banking firm of Raymond James & Associates, Finance Director Diane Reese and he applied to nationally recognized credit rating agencies for the debt service ratings on this bond issue and received very strong ratings that the City should be proud to have. Commissioner Ensler questioned the blank percent under Section 2.04 on page 12 of the resolution. Mr. Raymond said that the underwriting discount will not exceed 0.311% of the principal amount of the bonds or $3.11 per thousand dollars of bonds. City Manager Bressner commented that there would be public service cash left on an annual basis that could fund additional capital projects as well. Assistant City Attorney Payne read Proposed Resolution No. R04-052 by title only. MotiQn Commissioner McCray moved to approve Proposed Resolution No. seconded by Commissioner Ensler and carried unanimously. R04-052. Motion was City Manager Bressner thanked Diane Reese, Finance Director, for the work she did on the bonds. Review and discuss staff report on Stormwater ERU fee (Since 1997, the City has committed to $15.7M in projects, the total revenue received from the Stormwater Fee since 1997 is $13.9M) City Manager Bressner explained that the Stormwater ERU fee is used to construct storm drainage improvements throughout the community and to eliminate flooding problems. Staff ran projections based on the current fee of $5 and also an analysis based on what the revenue stream would be at $4. At $5, revenue generated is $3.2M. Reducing it would reduce the revenue to $2.5M. Since 1997 the City has committed $15.7M in stormwater projects and the total revenues received have been $13.9M. The balance for the shortfall has been made up from grants. So far, approximately $5M of capital projects has been completed and other items are in design. City Manager Bressner asked the Commission whether they wanted to reduce the fee now or stay the course and have staff provide another report in six months. There are several projects 13 Meeting Minutes Regular City Commission MeeUng Boynton B~pch. FlOriqJp April 7, 2004 in the pipeline now and they would take longer to complete if there were a reduction. He recommended that the current fee remain in effect. Mayor Taylor commented that he is always a proponent of lowering the fee to the consumer. However, he felt that they have only scratched the surface in the stormwater in the City and he was in favor of keeping the fee at $5. Vice Mayor Ferguson said that he would go along with staff but requested a report each year. Motion Commissioner McCray moved to accept the staff report and have the fee remain at $5 with another report within the next year. Vice Mayor Ferguson seconded the motion that carried unanimously. Accept the proposal from Post, Buckley, Schuh & .lernigan, Inc. (PBS&]) in the amount of $16,655 to prepare a condition assessment report of the Woman's Club (Propo,~¢l Re~olution No. RO4-O53) City Manager Bressner explained that in 2002, the City Commission authorized staff to enter into negotiations with the Woman's Club for developing a long-range lease agreement that would allow the City to manage and operate that facility. Prior to going forward with the agreement, an assessment report on the condition of the building was deemed necessary. The assessment would also contain a review for handicapped accessibility and an environmental review. This building is on the National Register of historic buildings. Commissioner McCray asked regarding the turn-around time. Wally Majors, Recreation & Parks Director, said it would take three weeks to complete the report. Assistant City Attorney Payne read Proposed Resolution No. R04-053. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R04-053. seconded by Commissioner McCray and carried unanimously. Motion was E. Discussion of establishment of Arts Commission City Manager Bressner explained that the Arts Commission was authorized by the City Commission in .lanuary 2002 but it was not activated because of other priorities. Since that time, a number of individuals in the community have been meeting informally. The purpose of the Arts Commission is to provide an impetus for public art to be installed and funded as a way to add beauty to the City. The enabling Ordinance 01-64 set duties and responsibilities. If the Commission desires to activate this Commission, staff will include it in active boards that they are soliciting members for. Commissioner Ensler inquired whether an individual could be a member of the Arts Commission and another advisory board. City Manager Bressner said that it was current practice that a person could serve on only one board. 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida APril 7, 2004 Mayor Taylor questioned the meaning of the word "citizen" at the top of page 3 of the ordinance, City Manager Bressner thought that it meant citizens of the City. He commented that a business owner in the City would also qualify for membership. Commissioner McKoy wanted to see the Arts Commission activated because of the growth of the City. He felt that this was a very important part in helping to establish an image of the City. Commissioner McCray noted that on page 3 of the ordinance, it states that the chair and vice chair shall be selected at the anniversary of the first meeting or at the November meeting. It was felt that the Arts Commission should be on the same cycle as other advisory boards. Commissioner Ensler thought that there may be experts in the area of art who live outside the City. They could help guide the Arts Commission and could help with fund raising. He felt that after the Commission was created, the members could come to the City Commission with a recommendation on adding people outside the City. Commissioner McCray felt that these people could participate without being members of the Arts Commission. They could come as invited guests and bring suggestions to the Commission. It was the consensus of the City Commission that the ordinance be changed so that the selection of the chair and vice chair would be held in May and the word "citizens" at the top of page 3 be changed to "residents." Motion Commissioner McKoy moved to authorize staff to activate the Arts Commission. seconded by Commissioner Ensler and carried unanimously. Motion was City Manager Bressner said that the City Attorney's Office would submit an ordinance for first and second reading with the proposed amendments. Staff will go ahead with recruitment for the board. A recess was called at 8:05 p.m. and the meeting reconvened at 8:16 p.m. X. FUTURE AGENDA TI'EMS: City Commission Workshop regarding Utilities Projects (April 12, 2004 - 6:30 p.m. - East Water Treatment Plant) City Commission Workshop regarding Capital Improvement Projects - Wilson Center, Intracoastal Park, Boynton Woman's Club, Senior Center, Tennis Center and Nautica Park (April 19, 2004 - 6:30 p.m. - Library) Discussion regarding Non Quasi-judicial Advisory Board Consolidation (April 20, 2004) D. Status Report on Old High School (April 20, 2004) 15 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III - Proposed Resolution No, R04- 041 (TABLED OIV 03/.~/04 TO 05/04/04) F. Additional Property Tax Assessment Exemption for l:ncome Eligible Senior Citizens per FSS 196.075 (May 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) XT. NEW BUSTNESS: See be/ow (after Proposed Ord/nance No. 04-013) XII. LEGAL: A. Ordinances - 2"d Reading - PUBUC HEARING Proposed Ordinance No. 04-011 Re: Amending Chapter 2. Zoning to establish a Suburban Mixed Use (SMU) zoning distdct to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment area Assistant City Attorney Payne read Proposed Ordinance No. 04-011 by title only. Quintus Greene, Development Director, outlined the reason for the Suburban Mixed Use zoning ordinance. The Motorola building on Congress Avenue is currently being demolished. Two or three years ago, that building employed 1,500 people and was the second largest property tax payer in the City. The employment is gone and the property taxes are gone. l~t left a big hole that needs to be filled. The developer who bought the property approached the City and inquired if he could construct a mixed-use project at that location. The current Zoning Code only allows mixed use in the downtown and adjacent areas along the Federal Highway Corridor. :It does not allow for mixed- use development out west. The only tool that was available was the C-3 zoning that allows for residential in conjunction with commercial development. There was an opportunity to create a district that would have multiple benefits. It would address the desire expressed by the developer and would give the City a tool out west where sites could benefit from a mixed-use district. This was an opportunity to craft a district that would be appropriate for the more suburban, as opposed to urban, areas of the City. There is not the same level of density or heights as there is in the downtown core or the Federal Highway Corridor. 16 Meeting Minutes Regular City Commission MeeUng B~)¥nton Beac;h, Florida April 7~ 2004 After spending a lot of staff time and effort, they came up with what staff felt was a good approach. They feel that the ordinance is comprehensive. Tt would require a project to be accompanied by a master plan to guide development, l:t has a density greater than what is allowed in C-3 but less than what is allowable in the downtown core or Federal Highway Corridor. In the C-3 zoning, the density is 10.8 dwelling units an acre and on the Federal Highway Corridor, it is 40-80 dwelling units per acre. The SMU is 20 dwelling units an acre. The proposed maximum height for SMU is established at 55 feet. Currently, the height is 45 feet with a provision for a height exception that can be 10, 15 and maybe even 20 feet. ]:n this ordinance, the cap is 55 feet with no height exceptions. The 75 feet is conditional and that must be justified to the Commission and that is capped at 75 feet with no height exceptions. This evening, staff has some amendments to the ordinance to address some concerns raised at the first reading of the ordinance. Mr. Greene said staff was prepared to discuss these amendments. City Manager Bressner explained that the public hearing gives the City Commission an opportunity to review the text of the ordinance. Any changes to the ordinance can be handled either tonight or at some other time. He felt that there were four action options to consider: Adopt the ordinance as presented, take notes of any potential amendments and refer those amendments to the Planning & Development Board for review and recommendation. Then, the Suburban Mixed Use ordinance would have to be amended at a later date. Refer the SMU ordinance back to the Planning & Development Board for further consideration and they would evaluate both the current and proposed text. 3. Adopt the SMU ordinance with amendments presented tonight. Table the item and consider the item with revisions at a subsequent Commission meeting. Commissioner Ensler suggested that the Chair of the Planning & Development Board comment on whether this ordinance should go forward or be referred back to the Planning & Development Board. Dick Hudson, Senior Planner, distributed the proposed changes to the SMU ordinance. A copy is on file in the Office of the City Clerk. He explained that changes that have been made from the first reading of the ordinance begin on page 6. The first is that they added a chart for Maximum Density/l!ntensity. Formerly this was included under maximum heights on page 7. Mr. Hudson explained that F.A.R. stands for floor area ratio. It is a comparison between the amount of floor space in a project and the total square footage of the property. For example, if you have an F.A.R. of one, you could build a single story building to cover the entire property. If you build on one-half the lot, you could go to two stories, and so forth. If you build a four- 17 Meeting Minutes Regular City Commission Meeting Bpvnton Be~ch, Flprida April 7, 2004 story building, it could only occupy 1/4 of the land area. Since most of these projects are asking for multiple floor buildings, this would increase open spaces. Another change is that minimum pervious area was changed to minimum usable open space. They defined what usable open space is. :It is basically for active and passive recreational use. It says that 50% of the open space for single-family residential shall be contained in common pooled areas and the rectangle inside the area shall have a dimension of not less than 75 feet. This assures that there is enough space to be usable. Also, 50% of the open space for all other uses, which is commercial, could be hardscaped plazas and gathering places. On page 7, they added some notes under maximum height. They developed a height setback envelope. This is used to ensure separation from single-family zoning districts and to ensure compatibility. For all other uses, the maximum height is 75 feet but the setback from the property boundary is three times the building height. If the property abuts a single-family residential or arterial roadway, there has to be another building between that 75-foot building that is of lesser height to act as a buffer. Mr. Hudson said that staff was trying to create something different than the one-story strip center. He also referred to page 8 regarding the note on building height measurement. The height is measured to the peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator shafts, etc. Lee Wische, 1302 SW 18u' Street, Chair of the Planning & Development Board, complimented staff on the proposed ordinance. He liked the greenery aspect, the setbacks, and the fact that there must be definite reasons for going above the 55-foot height. He was very pleased with what staff has proposed. He would recommend approval as is. William McCarty, Campanelli Boulevard, thanked the City Manager and other speakers for their comments. He felt that this was too large a package and, in its present form, should be tabled. Cathy Cook, 1074 NW 11~h Street, loves Boynton Beach and its vision. She did not know whether the Commission still has this vision. She suggested that the maximum height should be 55 feet and not 75 feet. The citizens voted quite a few times over the years to keep the height at 45 feet. She did not feel that this kind of development would solve problems. Tt will overwork services like Police and Fire. She hoped that the Commission would listen to the majority of the people. Charlie Fisherf 8069 Stirrup Cay Court, said that the issue that is being voted on tonight says that zoning districts support and enhance development and redevelopment opportunities in suburban areas outside the CRA. This confuses him because the area is not blighted. Developers do not have to be offered incentives to build there. He does not favor having strip malls but felt that there were other alternatives without going to 75 foot heights. No one except the developer spoke in favor of this ordinance. The CRA area needs this but not other areas. Developers can make money without going for a height change. 18 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 Scott Spencer, 305 Venice Drive, wondered whether the City could impose something that would makes it uneconomic for developers to go above 55 feet. He asked if there would be high-rises all over the City. He wondered whether a 20-foot high building would have less setbacks and less greenspace. Lynn Waymire, 1043 NW 11~h Street, said that she was representing various groups of people in the City. She asked the Commission not to ignore the people of Boynton Beach who voted for the 45-foot height limit. She felt that the Commission's only consideration was the tax dollars that would be generated and not the impact it would have on City services. The people voted the Commissioners into office to represent them and she felt that they were ignoring the people. Patty Schultz, 1073 NW 11th Street, felt that if this ordinance was approved, it would strangle the over burdened utility systems, roads, schools and other public facilities. She does not believe this is appropriate next to single-family homes. The people voted for the 45-foot height limit. This ordinance would diminish property values and the quality of lives. ]~t is incompatible with nearby homes and businesses. The Commission should be protecting the welfare of the citizens. The citizens want to talk with the Commission, not the developer. She requested that the ordinance be rejected. Lisa Peterfreund publicly acknowledged Mayor Taylor and the Commissioners for supporting park projects in the City. She cautioned the Commission on moving forward with this ordinance. On page 6 of the proposal, it says that usable open space could include hardscaped plazas. Concrete does not breathe. It is importance to have trees to reduce the heat index, increase oxygen and reduce pollution. Some public rights-of-way, such as the Lake Worth Drainage District right-of-way, do not allow the public to actually walk on the right-of-way so it gets counted but there is no access to it. Diana Guevarez, 11th Street, noticed that there was a buffer of 105 feet. She wanted to know if this was a 105 foot landscaped buffer between the building and Congress Avenue. She did not understand why there was such a large landscape buffer between the Renaissance Commons buildings and Congress Avenue. She requested that there be a larger buffer on the back where the single-family homes are located. She suggested that there be architectural guidelines for all developers to meet. She requested that the item be tabled for 90 days so that there could be discussions with the residents. Carter St. Clair, Stonehaven, said that the 45-foot height limit was passed by referendum. Section 152 of the City Code states that an amendment or repeal of a referendum issue can only be done through a vote. Therefore, this ordinance would be illegal. The proposal for the Motorola site was increased from 500 dwellings to 1,551. Tf the new SMU was passed at 20 dwelling units per acre, calculations show that it would take 77.5 acres to fit in all of those dwellings. The existing site is approximately 86 acres. Only a small amount would be left for shops, streets and open space. Mr. St. Clair does not want Boynton Beach to be a destination as there are enough of these nearby. The City beach cannot be expanded for all the new residents. The SlvlU is limited to projects of ten acres in size and he felt that was a rather small area. 19 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida April 7, 2004 Ward Houston is President of Boynton Leisureville, where there are 892 homes. There are two large medical buildings on Woolbright Road and he receives constant complaints from residents that they ruin the view. He is very concerned regarding going above the 45-foot height and asked the Commission to reconsider this. Jana Wood, 803 NW 11~ Street, has lived in Sky Lake for ten years. Her children are involved with all the City programs. She loves Boynton Beach and she is opposed to this ordinance. A gentleman from the audience said that when he moved here 31 years ago he was impressed with the aesthetics and with the government. He felt that the City has wonderful natural resources and was worried about the aesthetics vanishing. He was opposed to the ordinance. Tt would turn a paradise into an overly clogged area. John Woodward, 304 Venice Drive, asked what the consequence would be if this ordinance were turned down and the developer was limited to 45 or 35 feet. He also wanted to know if there would be a consequence if the Commission did not allow the development of the Winchester property. Jaime Worrall teaches at Congress Middle School. The congestion on Congress Avenue is very bad. She was concerned regarding the quality of life in the existing neighborhoods that were constructed to be Iow density. Wal-Mart places a great strain on the roads. High-rises and high density will destroy the quality of life. People moved here for a quiet way of life. She requested that this item be tabled or rejected. Jim Comparato (Comp$on Assoc/ates)said that he understood the citizens' concerns. However, he felt there were serious misconceptions about what he is building. Only 14 people attended the meeting he had the other night where he wanted to explain what they were doing. This is not an ordinary project. ]~t is an exceptional, award winning one. ]:t is a concept that has not been done before in this area. The project would be designed like a wedding cake so that the height would occur in the center of the project where it is less intrusive on the neighborhoods. Mr. Comparato said he would be happy to meet with the citizens to discuss their concerns and talk about what he can do to resolve any issues they may have. If the amendments to the ordinance proposed by staff help the residents, he would not object to them. He will produce a project that Boynton Beach will be proud of. There are 800 oak and mahogany trees on the site. They will be lined on a parkway that goes down through the center of the site. There will be ponds and a five or six acre lake. The surrounding property values rose on every project he has ever built. He does not build an average project. Andy Guevarez, 783 NW 11m Street~ said that no one is on Mr. Comparato's side. The residents know the land has to be developed but it does not have to be developed as he proposes. The resources are being stressed. Mr. Comparato knew the current zoning when he bought the property, Tt is up to the elected officials to speak on behalf of the citizens. Tom MeGow, 945 LeGrace Circle, does not want this huge project. He wanted to know what was wrong with having a small City. 20 Meeting Minutes Regular City Commission Meeting B~vnton Beach, Fl~rid~ April 7, 2004 Mada Daughtry, Sky Lake, was concerned regarding how people would get to this location after this project is built out. Old Boynton Road is almost not navigable now. She wondered whether Congress Avenue would be widened. She requested that the Commission not approve the 75-foot height. City Manager Bressner wanted to comment on some of the concerns raised tonight. He explained that when the Commission was adopting the standards for the heights in the downtown area, they did so after consultation with legal counsel. Counsel advised them that the 45-foot referendum limitation was put aside by virtue of the fact that when the City became a home rule community, it allowed the City to put height limitations into the Code. There is case law on that. City Manager Bressner said that he would include the City Attorney's memorandum in the documentation for the citizens. City Manager Bressner also explained that there are limitations on where Suburban Mixed Use Zoning can go. :It requires a Development of Regional :Impact designation and is not automatic. Mike Rumpf, Planning & Zoning Director, said that since there is not a site plan, land use amendment or rezoning before the Commission tonight, the impact on facilities has not been provided, analyzed or submitted to other authorities. There are local and state thresholds that will have to be met. This is a template with adjustable boundaries. :It is a guide. Mr. Rumpf said that it was not likely that single-family homes would be developed on this property. Staff is attempting to keep the City alive with property tax revenues. This zoning district is not applicable everywhere in the City and would have to go through a very thorough process. The western area needs something new. We expect something better than strip centers. The minimum perimeter buffer around the SMU is 25 feet of greenspace. That cannot be reduced. :In addition, there are setbacks based on heights and setbacks based upon the uses. Commissioner McCray explained that any decision made tonight would affect all of the people in Boynton Beach including the Commission. He has watched growth in the City for 50 years. There were people who did not want the Tradewinds project. The case went to court and the City was sued and is still paying for that. All of that property has now been developed. He remembers when Sky Lake, Leisureville and Hunters Run were not here. He commutes from Boynton Beach to Ft. Lauderdale and South Florida is congested no matter where you go. Tf development were not allowed, other communities like Leisureville would not be here. Whether this Commission is here or not, projects like this will come to Boynton Beach. Commissioner Ensler said that when this issue first came up, he questioned what the options were. The first priority was what the impact would be on the neighboring homes. One option would be to deny the request. However, the people have a legal right to develop the property and the Commission cannot deny that right. The other option was to leave the height at 45 feet. There was a 45-foot building that was recently approved across from Silverlake. :it was approved with a height exception to 62 feet. 21 MeeUng Minutes Regular City Commission MeeUng Bovnton Beach, Florid~ April 7~ 2004 He would not want a 62-foot building in his backyard. However, that is what the Code allows with a ~,5-foot building. With this proposed ordinance, staff is proposing a 35-foot height with no height exceptions. Further back would be a building at 55 feet and further away a building of 75 feet with conditional approval. He struggled with the problem of how to keep the size of the buildings down adjacent to the neighboring properties. Staff tackled that problem by only allowing developers to put Iow buildings in your backyards. He felt that staff did an admirable job. After the first reading, the ordinance was sent back with two comments. One was to have lower buildings adjacent to homes and the other was for more open space. Both of these items have been addressed. Commissioner McKoy explained that they are trying to keep the City alive with smart growth and proper planning. Staff returned to the drawing board and came back with a plan that will aid the Commission in making a decision to benefit the total City. Development is going to happen and the City just needs to plan properly for it. Vice Mayor Ferguson felt that his colleagues covered everything very well and, therefore, he had no comments. Mayor Taylor explained that the issue before the Commission tonight was whether to create a Suburban Mixed Use zoning district, which would be another tool for development. Approximately a month ago a development of two and three-story buildings next to his neighborhood came before the Commission. People at that Commission meeting had the same concerns regarding traffic and taking away their view. Those are concerns for the City and must be addressed. However, the issue tonight is not a development but a SMU zoning district. He would like to have this extra tool for development, MotiQn Vice Mayor Ferguson moved to approve Proposed Ordinance No. 0~,-011 with the amendments presented tonight. Commissioner Ensler seconded the motion that carried unanimously. Proposed Ordinance No. O4-O13 Re: Development of Regional Impact Amendment (DP, IA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRT project from Motorola to Renaissance Commons Assistant City Attorney Payne read Proposed Ordinance No. 04-013 by title only. There was no one from the public who wished to speak. MotiQn Vice Mayor Ferguson moved to table Proposed Ordinance No. 04-013. Motion was seconded by Commissioner McCray and carried unanimously. 22 Meeting Minutes Regular City Commission Meeting BoyntQn Beach, FIQrida Aoril 7, 2004 XZ. NEW BUSZNESS: (Heard out of order) M~tion Commissioner McKoy moved to reconsider the ordinance pertaining to the consolidation of quasi-judicial boards and the qualifications pertaining to those board members. Motion was seconded by Vice Mayor Ferguson and carried 3 to 2 with Mayor Taylor and Commissioner Ensler dissenting. City Manager Bressner asked whether the Commission was requesting reconsideration discussion on both Ordinance 04-009 and Ordinance 04-010. Ordinance 04-009 merged the Nuisance Abatement Board with the Code Compliance Board. Ordinance 04-010 merged the Building Board of Adjustment & Appeals with the Planning & Development Board. City Manager Bressner explained that if the Nuisance Abatement Board and the Code Compliance Board were merged, the same criteria used for membership to the Nuisance Abatement Board would apply to the Code Compliance Board. The Nuisance Abatement Board has five members appointed by the Commission and the chair must be an attorney. If this ordinance stands, the chair of the Code Compliance Board would have to be an attorney. Commissioner Ensler explained that he had asked that question of City Attorney Cherof. His answer was that for code compliance cases, the Chair need not be an attorney and for those items that are nuisance abatement, an attorney would have to be appointed as the chair for that hearing. He could be a non-voting chair. There was discussion concerning whether there was currently an attorney serving on the Nuisance Abatement Board. City Manager Bressner commented that the City would recruit candidates who are attorneys to serve on the Code Compliance Board. The consensus of the Commission was that Ordinance 04-009 could stand. City Manager Bressner spoke regarding the merger of the Building Board of Adjustment & Appeals with the Planning & Development Board. For any item that comes before this merged Board involving an appeal to the Building Code, the persons who hear that appeal must have knowledge and experience in the technical codes. They include an architect, an engineer, a general contractor, electrical contractor, an HVAC contractor, a plumbing contractor or any other contractor in a licensed category. ]~n addition, there are two alternate members, one with the qualifications referenced before and the other a layperson. The Building Code requires this Board to be in place to deal with building related issues. Assistant City Attorney Payne explained that the qualifications for the Planning & Development Board members are design professionals licensed in architecture, landscape architecture, land design and planning, when possible. M~tign Vice Mayor Ferguson Commissioner McCray. moved to rescind Ordinance 04-010. Motion was seconded by 23 Meeting Minutes Regular City Commission Meeting Boynton Be~ch, Fl~ridp Az~ril 7, 2004 City Manager Bressner noted that since this matter was not on the agenda, the motion would require a 4/5 vote of the Commission. Commissioner McKoy said that he had requested that this item be placed on the agenda and asked why it had not been. City Manager Bressner apologized and responded that the request was made after the pre-agenda meeting. Vice Mayor Ferguson and Commissioner NcCray withdrew the motion and second. Vice Mayor Ferguson requested that this item appear on the April 20th City Commission agenda. Commissioner McCray requested that both Ordinance 04-009 and Ordinance 04-010 be added to the April 20t~ Commission agenda. XZT. LEGAL: A.3, Proposed Ordinance No. 04-016 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre (503 N. Seacrest Boulevard) Assistant City Attorney Payne read Proposed Ordinance No. 04-016 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-016. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. 4. Proposed Ordinance No. O4-O17 Re: Rezone from C-2 Neighborhood Commercial to R-1-A Single Family (503 N. Seacrest Boulevard) Assistant City Attorney Payne read Proposed Ordinance No. 04-017 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-017. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. O4-O18 Re: Amending Land Development Regulations, Chapter 20 Buildings, Housing & General Construction, Section 8, Subsection C.2, and Chapter 15 of the Code of Ordinances, Section 15-16 providing more specific criteria for exterior identification/numbering Assistant City Attorney Payne read Proposed Ordinance No. 04-018 by title only. 24 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-018. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. B. Ordinances - 1~t Reading Proposed Ordinance No. 04-019 Re: Annexation of 17.12- acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes (Bermuda Bay) Assistant City Attorney Payne read Proposed Ordinance No. 04-019 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-019. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 04-020 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 17.12-acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4,84 du/ac) (Bermuda Bay) Assistant City Attorney Payne read Proposed Ordinance No. 04-020 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-020. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. J Proposed Ordinance No. 04-021 Re: Rezoning 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to RI-AAB Single Family Residential (Bermuda Bay) Assistant City Attorney Payne read Proposed Ordinance No. 04-021 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-021. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 04-022 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 18.32~acres from Agriculture (A) to Low Density Residential (4.84 du/ac) (Anderson PUD) Assistant City Attorney Payne read Proposed Ordinance No. 04-022 by title only. 25 MeeUng Minutes Regular City Commission MeeUng Bpynton BePch, Fl~ridp Ar~ril 7, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No, 04-022. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 00-023 Re: Rezoning 18.32-acres from AG-Agriculture to PUD-Planned Unit Development (Anderson PUD) Assistant City Attorney Payne read Proposed Ordinance No. 04-023 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-023. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 00-024 Re: Amending the Comprehensive Plan to add i objective and 3 policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central Business District Assistant City Attorney Payne read Proposed Ordinance No. 04-024 by title only. Mgtion Vice Mayor Ferguson moved to approve Proposed Ordinance No. McCray seconded the motion. City Clerk Prainito called the roll unanimously. 04-024. Commissioner and the motion passed Proposed Ordinance No. 04-025 Re: Reclassifying multiple properties totaling ___15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay Assistant City Attorney Payne read Proposed Ordinance No. 04-025 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-025. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. O4-026 Re: Amending Chapter 13, "Licenses," Article I, "Occupational Licenses" of the Code of Ordinances to amend Section 13-7, "Application and Reapplication Fee," providing for additional inspection fees if additional inspections warranted by the applicant's proposed use of property and amending Section 13-25, "Businesses that handle hazardous materials or waste" of the Code of Ordinances Assistant City Attorney Payne read Proposed Ordinance No. 04-026 by title only. 26 Meeting Minutes Regular City Commission Meeting Boynf;on Beach, FIoridi~ April 7, 2QQ4 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-026. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 04-027 Re: Amending Chapter 1, "General Provisions," Article VII, "Appeals," Section 1.D of the Land Development Regulations removing environmental review permits from the City Commission appeal process; amending Chapter 2, "Zoning," Sections 4.N, 5, 6, 7, and 8 of the Land Development Regulations, providing for Fire Department hazardous material disclosure toxic substance permits in accordance with Part II, Section 9-71 of this code with respect to various uses within each zoning district; deleting Section 11.1.I; and deleting Section 11.3, removing the use of the Environmental Review Committee from the environmental review permit approval process Assistant City Attorney Payne read Proposed Ordinance No. 04-027 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-027. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. 10. Proposed Ordinance No. 04-028 Re: Amending Chapter 9, "Fire Protection and Prevention," amending Section 9-30, "Duties of Officers" of the Code of Ordinances, authorizing officers of the Fire and Life Safety Division to enforce all laws concerning toxic substances and amending Section 9-71, "Disclosure and Safety Requirements," of the Code of Ordinances, requiring a hazardous material disclosure/toxic substance permit for all businesses, new and existing, using, handling, storing or displaying hazardous or toxic substances Assistant City Attorney Payne read Proposed Ordinance No. 04-028 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-028. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. C. Resolutions: None D. Other: None 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 XZl[. UNF[NZSHED BUS[NESS: None X[V. ADJOURNMENT: There being no further business, the meeting properly adjourned at 10:24 p.m. ATTEST: DepuW City Clerk (4116104) CITY OF BOYNT~Ihl--BEACH '~er_'~ Commissioner 28 PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Boynton Commerce Center PID Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2004 33409 TYPE OF RELIEF SOUGHT: Request use approval for catering and food services in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applica. nt /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. ~ The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,~. 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:~ City Clerk SE I in. = 327.0 feet C3 CORPORATE. DR 1-95 LOCATION MAP BOYNTON COMMERCE CENTER PID EXHIBIT "A" EXHIBIT 'B" I Vinston l ee . Assocmtes, Inc. Landscape Architecture Land Planning F.S.L. #LC C116 January 21. 2004 Mr. Michael Rumpf; Director of Planning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Boynton Commerce Center Planned Industrial Development Application for Revisions to the Approval PID Use List Our File No. 02-030.03 Dear Mr. Rumpfl. On behalf of Levitt Commercial Boynton Commerce Center, LLC, owners of the building currently being constructed onLot 3 of the Boynton Commerce Center Planned Industrial Development (PID), attached please find a revised use list for the Boynton Commerce Center PID for your consideration. Please be aware that the attached use list reflects changes proposed to allow building cleaning and janitorial services in the PID currently in the approval process and assumes that those changes will be approved. Therefore, only the revisions proposed with this request are redlined and underlined. The requested revision to the use list consists of the addition of'catering and food services'. This use is cutmmly allowed in the M1 Industrial District in the City of Boynton Beach Zoning Code (Sec. 8.A. 1.b.(9)). It is proposed to be inserted into the current use list under Section I.B.9. This use is consistent with the underlying industrial land use of the property, as well as the parking calculation method of one parking space per 500 square feet of floor area as outlined in Chapter 2., Section 11.H. 16.£(1) and the use list for Lot 3. It is requested that this use not be required to obtain an Environmental Review Permit. The justification for this request is the fact that, pursuant to Section 8.A.3.a.(6), thi.q use is not required to obtain this permit when permitted in the M-1 zoning district. In addition, as the prep~on of food will be conducted on site, the tenant will be required to obtain a license from the Florida Dept. of Professional Regulation, Hotel and Restaurant Division, which requires an opening inspection and annual inspections thereafter. Any permit required for a grease trap for the business will be reviewed and approved by your own building deparlment~ Please be aware that the proposed use is of very low intensity, consistent with most industrial uses. Typically, the client w[ll call the caterer and set up a meeting at his or her home, place ofbnsiness, or at the venue the event is to take place. At that time, and during subsequent telephone 1532' Old Okeechobee Road, Suite ! 06, West Palm Beach, FL 33409-5270 Tol' tgtil.giRO-~t;7(I · [ray. ~t~l_g;RO_gg~;O · i~_,~o;I. ,~A,,et,~,~,,,lo~o~l ~ EXHIBIT Mr. Michael Rumpf January 21, 2004 Page 2 conversations, the menu and services to be provide are finalized. Then, on the day of the event, the caterer delivers the product to the venue. Food sales do not take place at the facility, only preparation of same. Therefore, I respectfully request your consideration and recommendation for approval ofthe attached revised use list for the Boynton Commerce Center PID. To aid in your review, the addition to the list has been underlined and redlined. Please feel free to call with any questions you may have regarding the attached list. Sincerely, Project Planner cc: Colleen Mohr, Levitt Commercial EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID January 21, 2004 Permitted Uses, Not Requiring Environmental Review Approval. Personal Services 1. Carpet and Upholstery Cleaning Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manufacturing requires environmental review) Fiberglass Glass Textiles Yam Uses listed under Section 8.A. 1.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A. 1.b.(1)~ & (3). & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections S.A.l.c.(2), {3), (4), (6), (7), (9), (14), and (16) ofthe "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: W'mdow treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Electrical appliances, instnnnents, devices, and components Boat parts and equipment EXHIBIT "B" AirPlane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instnunents Engraving, printing and publishing Retail sales are allowed for goods listed under the sections specified in I.C. 1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.AA.c.(14). The specific uses within the code sections 8.AA.c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. Operations Center - Requiring a mix of moderate warehouse and increased office US~. 2. 3. 4. 5. 6. 7. Bank Operations Center Insurance Company Records Storage Government Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically pmMbited, however. E. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices li Uses requiring Environmental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" or merchandise from the following previously prepared materials: 1. Cosmetics Drugs 3. Pharmaceutical 4. Paper 5. Plastics m 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Metal (i.e., machine shop) Wire Rubber Electrical appliances, instruments, devices, and components Auto parts and equipment Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing B. Warehouse, Distnq>ution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premiss are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shall not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services Ail uses not specifically listed above are prolu"oited. Furthermore, the following uses are expressly protffoited: 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork Metal casting Welding shops Contractor's shops, storage, or truck parking Retail sales, where the value of goods sold at retail exceeds 50% ofthe Boynton Commerce Center PID Use List Page 3 EXHIBIT "B" total value of goods sold ~om the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manu_fae_ turing/Building cleaning and janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be ut'flized for Lot 3B are as follows: Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. Blended Rate: Warehouse, dism'bution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rote of one (1) parking space per five-hundred (500) square feet of gross floor area. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor arem Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shah be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Conmaerce Center PID Use List Page 4 EXHIBIT "B" Boynton Commerce Center Revised Use List Request Request to AHow Catering and Food Services The applicant, Levitt Commercial Boynton Commerce Center, LLC, has submitted a request to revise thc approved use list for the Boynton Beach Commerce Center. Chapter 2.5, Sec. 4.N. of the City of Boynton Beach Code requires that all uses conform to performance stand_n_rds outlined therein. These standards are addressed below for the proposed revisions to the approved use list. Noise. No use shall be carried out in any zoning districts so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. Response: The uses as proposed shall not produce sound in violation of Section 15o8. V~mtions. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Response: The uses as proposed shall not create ground vibrations which would be percept~le beyond.the property lines of the subject Planned Industrial Development. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the erni~ion of smoke, dust dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoymem of property and rights-of-way, at or beyond the property lines of the property on which the use is located. F~re, no use shall be carded out so as to allow the emi~ion of any substances in violation of any federal, state, county or city laws or permits governing the ernimion of such substances. Response: The proposed uses do not produce smoke, dust, dirt or other particulate matter that would have any affect off-site of the property and shah comply with all federal, state, county, or city laws or permits pertaining to same. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emi-qsion of objectionable or offensive odors or fumes in m_ch concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For an nonindustrial districts, the standards contained in this paragraph shall apply where district abuts any residential district. EXHIBIT "B" Response: The proposed uses do not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. Response: The proposed uses do not produce any toxic or noxious matter in any concentrations that would cause or vegetation, discomfort or harm to persons or animsln~ or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any grOundwater. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materi2a_!~q shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Response: The proposed uses do not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily percept~le at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. Response: Thc proposes uses do not produce heat, humidity or glare. Site lighting v/ill conform to code requirements and shall not be directed toward any residential use. Liquid waste. No use shall be carded out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in confomaance with the provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or p dts. Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits shall be complied Page 2 EXHIBIT Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Response: The proposed uses shall be in compliance with Chapter 10 ofthe City of Boynton Beach Code of Ordinances and shall milize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic interference. No use shall be carded out in any zoning district so as to create electromagnetic radiation which muses abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried om in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Response: The proposed uses shall not create electromagnetic radiation. 11. Hazardous materials and hazardous waste. Items a. through d. Response: If any businesses locate within the PID which uses, handles, stores or displays hazardous materials or generates hazardous waste, they shall comply with items a. through d. as outlined in the City's performance standards. In addition, Section HI ofthe use list outlines specific uses which are prohl~oited in the PID and no additions or deletions to this portion of the approved use list has been proposed as part of this request. Page 3 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 04-001 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORE STERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING X Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce C~USAP 04-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Renaissance Commons Phase I Carl E. Klepper, Jr. - Compson Associates 980 N. Federal Hwy., Suite 200, Boca Raton, FI 33432 Apdl 7, 2004 LOCATION OF PROPERTY: DRAWING(S): Oe¢. L~'c. Request height exception approval to allow a height of 50' - 4" for the stair towers on various buildings, an exception of 5' - 4". 1500 Gateway Boulevard SEE EXHIBIT "B" A'I-FACHED 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 ,...-'RAS 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. DATED: All further development on the property shall be made in accordance with the terms and conditions of this order. Other City Clerk Location Map RENAISSANCE COMMONS EXHIBIT "A" PU C3 PID PID R1AA EXHIBIT "B" .J I I I I I 'EXHIBIT "B" O. MOUFIIZ SALAZAR ARCHITECTS & PLANNERS I I I Il~ I I I I I MOURIZ S^LAZAR EXHIBIT "B" :.~ .:: ~.:- · iii !, I' llJ!Jllll! EXHIBIT "B" 8ALAZAFIMOURIZ ~:.t'='I AI~'J-II1TCI'S & PI.ANN'[RS EXHIBIT "B" . ~' ~1 I I I *1 I I I I I MOUFIIZ Illll! ;.lliil Il ~ I I I I I EXHIBIT EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase I File number: HTEX 04~001 Reference: Application received January 21, 2004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:~PlanningXPlanning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning~Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc · EXHIBIT "D" Compson Associates of Boynton, LLC VIA FACSIMILE (561) 742-6259 8 pages January 15, 2004 City of Boynton Beach 100 E. Boynton Beach Blvd. Boymon Beach, Florida 33425 Re: Mr. Michael Rumpf, Director of Planning and Zoning Request for exception to height San Raphael at Renaissance Commons previous site plan approval #NWSP 03-007 On July 15, 2003 we received approval bom City Commission for the above referenced site plan. According to chapter 2 (zoning) section 4 (Fl2) we would like to ask Staff; Planning and the Development Board and City Commission to consider an exception to the 45' height limitation. Enclosed please find ten (10) sets of drawings for submission to the Board. As set forth in the attach drawing there are approximately twelve (12) areas which exceed the present heights limitations. However, this exception is being requested for non habitable architectural elements for access to mechanical appurtenances (i.e. stairs, A/C Equipment and Elevator). Attached is a breakdown of the areas requesting an exception in Exhibit "A". Accordingly, we would ask that our request for a height exception be submitted to the Planning & Development Board hearing on March 23, 2004 or sooner. Thank you in advance for your attention to this matter. Sincerely, sociates ofBoynton, LLC . CEK/crd Enclosures EXHIBIT "D" Compson Associates of Boynton, LLC January 15, 2004 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Attn: Mr. Michael Rumpf, Director of Planning and Zoning RE: San Raphael at Renaissance Commons Plcaso be advised that pursuant to thc plan review approval given to us by your dcpasiment on July 15~, 2003 there arc twelve (12) roofs which for design, function and or safety reasons exceed the height allowed in thc current zoning district. They arc denoted on thc attached drawings as follows: Building 1 A Roof over stair #1 B Roof over stair #2 C Roof over elevator #1 D Roof over elevator #2 Buiid g 2 E Roof over stair #1 F Roof over stair #2 G Roof over elevator #1 H Roof over elevator #2 Building 3 J Roof over stair #1 K Roof over elevator #1 Building 4 L Roof over stair # 1 M Roof over elevator #1 All of these roofs are otherwise code compliant with respect to height. Thank you in advance for your cooperation in fids matter. Sincerely, ~ C~E. mopper;Jr.'Y'~' ~ Member / CEK/crd DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center II - Dance Studio APPLICANT'S AGENT: Joni Brinkman, AICP / Winston Lee & Associates, Inc. Dsvllopment &Z ulldlng ngineerlng icc. License leput¥ City Clerk APPLICANT'S ADDRESS: 1532 Old Okeechobee Road Suite 106, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Conditional Use Approval - Dance Studio. LOCATION OF PROPERTY: High Ridge Commerce Center II - Southwest corner of Miner Road and High Ridge Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The 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: .d~ S:\Planning\SHARED\WP\PROJECTS\High Ridge Corem Ctr II City Clerk -(Southem Dance Threatre\COUS 04-002\DO.do( Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" REC R1AA NIC R1 PiD M,1 lOOO 1000 Feet j IltjJ '" i i' i! I,,.,..,,. ,.,..I I j]lJ :1 EXHII liB" i~JiJ ?iii ii IL !i E~HIBIT ~ ~ EXH'IB "B" IIBII !J A~/MJTA' A C.4AL~O~ - AIICNFF~I''. P.A. YVONNE ZIEL TRAFFIC CONSULTANTS, INC. EXHIBIT "C" 11440 86th St. North, West Palm Beach, Flodda 33412 February 17, 2004 Telephone (561) 624-7262 · Facsimile (561) 624-9578 Mr. Michael W. Rumpf City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Southern Dance Studio Dear Mr. Rumpf: Yvonne Ziel Traffic Consultants, Inc. was retained to prepare a shared parking analysis for the proposed dance studio to be located at the High Ridge Commerce Center 1I site. The dance studio will consist of 5,710 square feet (SF) and the remaining use will be the light industrial use at 129,236 SF. The shared parking analysis used the preceding land use intensities and applied the City of Boynton Beach parking code rates. For the light industrial use, the hourly variations for an office were applied.-For the dance studio the hourly variations for a fimess facility were applied; these rates are based on a study prepared at an LA Fimess facility in Montclair, California (enclosed). The shared parking analysis was based on the Urban Land Instimte's (UL1) Shared Parking. The dance studio operation does not start until 3:00 PM, Therefore, the hours up to that point assumed no demand for the dance studio. Light industrial projects are generally not open on Saturdays or have a minor operation on Saturdays which would not affect the parking. The ULI shared parking methodology indicates that the peak demand is for 258 spaces at 10:00 and 11.:00 AM. The shared parking analysis worksheets are. enclosed; Please call me if you have any questions. Sincerely, YV NNE ZIEL . TANTS, INC. Yvonne Ziel, .E. '. President Enclosure C:Xmyfil~6uth~mdance. sp.wpd Traffic Engineering and Planning EXHIBIT "C" SHARED PARKING ANALYSIS (USING UU SHARED PARKING) PROJECT: INPUT SOUTHERN DANCE STUDIO USE: INDUSTRIAL DANCE TOTAL SIZE (SF): CODE PARKING RATIO (PER 1,000 SF/UNIT) CODE PARKING: 129,236 5,710 2.00 5.00 258.5 28.6 287 CAPTIVE: (FROM ADJACENT OFFICES) 0 0 MONTH: 12 12 PEAK PARKING DEMAND (SPACES)**:' 258 29 288 PARKING DEMAND*** WEEKDAY INDUSTRIAL DANCE TOTAL 6:00 AM 8 0 8 7:00 AM 52 0 52 8:00 AM 163 0 163 9:00 AM 240 0 240 10:00 AM 258 0 258 11:00 AM 258 0 258 12:00 NOON 233 0 233 1:00 PM 233 0 233 2:00 PM 251 0 251 3:00 PM 240 11 252 4:00 PM 199 18 217 5:00 PM 121 26 147 6:00 PM 59 29 88 7:00 PM 18 27 45 8:00 PM 18 26 44 9:00 PM 8 0 8 10:00 PM 8 0 8 11:00 PM 0 0 0 12:00 MIDNIGHT 0 0 0 SATURDAY INDUSTRIAL DANCE TOTAL 6:00 AM 0 0 0 7:00 AM 0 0 0 8:00 AM 0 0 0 9:00 AM 0 0 0 10:00 AM 0 29 29 11:00 AM 0 23 23 12:00 NOON 0 20 20 1:00 PM 0 18 18 2:00 PM 0 19 19' 3:00 PM 0 15 15 4:00 PM 0 23 23 5:00 PM 0 22 22 6:00 PM 0 14 14 7:00 PM 0 0 0 8:00 PM 0 0 0 9:00 PM 0 0 0 10:00 PM 0 0 0 11:00 PM 0 0 0 12:00 MIDNIGHT 0 0 0 * Converting Code rates to per 1,000 SF ml/o's ** Using ULI adjustment factors for month and captive market *** Using ULI adjustment facors for houdy accumulation · EXHIBIT "C" JOURLY ACCUMULATION RATES US~ : OFFIC~LIGHT IND FITNES~DANCE WEEK WEEK SAT DAY DAY 6:00 AM 3 7:00 AM 20 8:00 AM 63 43 9:00 AM 93 45 10:00 AM 100 43 11:00 AM 100 32 12:00 NOON 90 34 1:00 PM 90 46 2:00 PM 97 39 3:00 PM 93 39 4:00 PM 77 62 5:00 PM 47 90 6:00 PM 23 100 7:00 PM 7 94 8:00 PM 7 90 9:00 PM 3 10:00 PM 3 11:00 PM 12:00 MIDNIGHT 100 79 70 64 66 64 79 77 · 48 EXHIBIT "D" Conditions of Approval Project name: High Ridge Commerce Ctr. #2 Dance Studio File number: COUS 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a revised traffic analysis, with particular emphasis placed upon X consideration for the installation of a northbound left turn lane into the site. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4. Indicate within the site data the occupancy type of the tenant space as X defined in 2001 FBC, Chapter 3. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan. 7. If capital facility fees (water and sewer) are paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 8. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal 9. A floor plan of the dance studio shall be submitted for review. The floor X plan shall show all required exits, emergency light locations, exit signs, offices, and other areas of the space. Show all required fire rated partitions. 10. Indicate the occupant load and the occupancy type of this space on the plans X per 2001 FBC, Chapter 3 and Table 1003. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 11. Since the project will be developed into phases, indicate the phase under X which this use would be completed. 12. Indicate the bay where this use is proposed to be located. X I DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Condition #6 was rejected. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WP~PROJECTS~-Iigh Ridge Comm Ctr II CDRV 03-005 -(Southern Dance Threatre\COUS 04-002\COA.doc S:~Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELO?MP-.NT ORUI~R OF THE_. CITY COMMIHSION OF' THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Chick FiI-A APPLICANT'S AGENT: Rachel Hall - InterPlan LLC APPLICANT'S ADDRESS: 933 Lee Road 1st Floor Odando, FL 32810 Development ngineedng !cc. License ~eputy City DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Conditional Use and Site Plan Approval - Restaurant with drive- through. LOCATION OF PROPERTY: BJ's Outparcel - South of Boynton Beach Blvd./West of Winchester Park Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The 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: 8:\Planning~,SHARED\WPtPROJECTS\Chick-FiI-A\DO.doc City Clerk 1 in. -- 200.0 feet EACH BLVD C3 ,,c. Es~E .PAR VD C3 BOYNTON. BEACH BLVD BO~q~ITON. BEACI'[ BL EEKCIR N ~ PCD LOCATION MAP PU :NIC PU CHICK-FIL-A EXHIBIT "A" C3 C3 lit I IIIJI Ii ii"' EXHIBIT liB. EXHIBIT "B" I-XHIBIT "B" r'^l-IIl:J,I I "l:J'-'. ~J~. J JJ ~ III iil IL' I III III . ~... ~.,., ,, I. I,! I1~ ~.,, ~ !~ 'I! I'il~ ~i~ I;I ~l~i! ~'iil ~i~l~ i~i I Z ' '"'''" '"" "' ""~  II ~1~,, t ...... ~ I -~ ~;-~ ~ ~)-- ~-- ~~ ~ , ~ ~-'-~ ! Z I~t I t ~1 ' I~ ! I,I 'lltlll,~l' I'lI I ...... ,,.,..., ,,,. __ ,I i Ii!1~1 ~ ri / 9~ * ,-II' ~ " ~ ' "'j" "'* ' ' / / , ,~ , ,, ,.,.,,.,,,,,,,,,,,,,.,,.,,.,,..**~,,,,~,., . . iii II,, , , , ..,.,., . . ,. , i i'..','., EXHIBIT "C" Conditions of Approval Project name: Chick Fil-A File number: COUS 03-010 Reference: 2na review plans identified as a Conditional Use with a February 17, 2004 Planning & Zoning 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. 2. Relocate dumpster enclosure so that gates open to the north (access through X the bank parking lot). Revise orientation on all plans accordingly. If this is not acceptable to both parties seeking a shared dumpstcr the bank may leave theirs in its present location and the applicant will have to provide a separate dumpster within its property. 3. Provide a minimum turning radius of 60 feet to approach the dumpster. X Provide a minimum backing clearance of 60 feet. (measured from the front edge of the dumpster pad.) (LDR, Chapter 2, Section 11.J.2.b.) 4. There may be a vertical conflict between the proposed dumpster location X and proposed landscaping (trees). Please adjust landscaping accordingly. PUBLIC WORKS- Traffic Comments: NONE X UTILITIES Comments: 5. 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 insurance underwriters, whichever is ~reater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15 8. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. 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. 11. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance 'to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: DEPARTMENTS INCLUDE REJECT c2 The full name of the project as it appears on the Development Order and the Commission-approved site plan. c~ The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 17. Sheet C5, Detail 20 - Clearly show the dimensions of the concrete base X (width, depth, depth of concrete base below ground, depth of pole below ground, etc.) per BBA to thc 2001 FBC, Section 104.2.1. 18. Sheet C7 - The design of the grease interceptor shall comply with 2001 X FBC Section 1003 and 1004. 19. Submit an irrigation plan that reflects the method of irrigation per CBBCO, X Chapter 4, Section 7(c). Note on Sheet L1 states "irrigation plan to be provided upon final site plan approval." 20. Sheet PA-1 - Clearly show the dimensions of the restrooms, the dimensions X of the toilet stalls, the wheelchair turning space in the restroom, the required fixture clearances, door width, etc., in compliance with 2001 FBC, Chapter 11. 21. The serving counter shall comply with 2001 FBC, Section 11-5. Clearly X show compliance on the plans. BBA to the 2001 FBC, Section 104.2.1. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: Existing Trees Manaeement Plan X Sheet L1 22. The Landscape Architect should review the tabular mitigation for the 364- caliper inches of existing trees proposed to remain in place, be relocated on site, or removed / replaced on site. All existing trees must be relocated rather than removed if the trees are in good health. These trees should total the 364-caliper inches of existing trees and should be shown as a separate symbol on the plan. 23. These trees should also be located along the North and West property areas X in conjunction with the approved BJ's perimeter Master Landscape plan. The trees should visually screen the Chick Fil A site parking lot from the Boynton Beach Boulevard and entrance road rights-of-ways. Landscape Plan Sheet L-1 24. All shade and palm trees on the Plant list must be listed in the specifications as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12'-14' to meet the 3" caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.} 25. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the vrol~osed l~arking lot facility from the Bovnton Beach Boulevard and BJ's Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT site entrance roads rights-of-way. PLANNING AND ZONING Comments: 26. The survey must identify the Future Land Use designation for the adjacent [ XI properties (Chapter 4, Section A.3.). 27. The base of any proposed monument sign shall be enhanced with colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.0.). 28. Additional landscaping in a denser planting schedule should be installed X along the west planting area to screen the drive-thru window and operation. This will strengthen the applicants' justifications for conditional use approval. 29. Staff recommends that the red trim at the top of the building and the I X I covered area match the red of the proposed awning. 30. A perpetual recorded five (5)access and parking easement on the east side I X ] of the property shall be required prior issuance of building permits.. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S :Wlanning~HARED\WPXPROJECTS\Chick-Fil-A\COA.doc Exhibit - April 7', 2004 TO city conmtission Mtg. BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native pl~ts and have picnic areas and walking trails result in a tax hike for twenty among the trees. We realize this would possibly years of about $30 for an average house. NAME ADDRESS PHONE # 7-5¢ "l J 7 - 2 ff TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture uPq I ]~ RRA on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing C LU ]~ the cramped Woolbright Road Little League baseball complex, ro,NDED ~892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # 1o%5 CLUB FOUNDED 1892 TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture ~~ I E RRA on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing C LU B the cramped Woolbright Road Little League baseball complex, rOUNDED ~892a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike. for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 1 O0 acre cow pasture o q I E RRA on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing C LU B the cramped Woolbright Road Little League baseball complex, FOUNDED ~892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # SIERRA CLUB TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, ~OUNDE, ~,92a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # T6t ,_Sa,/-3a, 4'-? ? 7? TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years'of about $30 for an average house. ADDRESS / PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE ~ I .- . ~~ 7~3 /__~~/ / ~ ' /. ~ ~ ,~ SIERRA CLUB FOUNDED 1892 TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy-the 100 acre cow pasture ~,{~ I ]~ RRA. on the east side of Congress Avenue near the Boynton Mall for ~ a multi-use park. Features over time could include replacing LU B the cramped Woolbright Road Little League baseball complex, FOUNDED :89:a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # 7 TO THE BOYNTON BEACH CITY COMMISSION: SIE'RRA CLUB FOUNI2, ED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. __NAME ADDRESS PHONE # ..cd/.- 7 ~ 7- ~ ~ ~ '7 TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 1 O0 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbfight Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # 7~," >_. - oo 5'3 9G:q-DI  {~O~ TO THE -'t'- ('t.J BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture ~,~ [ E ~ on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing C LU B the cramped Woolbright Road Little League baseball complex, FOUNOED ~892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 1 O0 acre cow pasture ~,q I E RRA. on the east side of Congress Avenue near the Boynton Mall for a multi'use park. Features over time could include replacing C LU B m~ ramp a Woolbright Road Little League baseball complex, t, ou~g,:r:, ts,2 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE ti TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # SIERRA CLUB FOUNDED 1892 TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Featm'es over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAlVlE ADDRESS PHONE # .7 -~/(. ~ rs'/ 70%~ 3// /0 7_7 a/~J//:7 '-7yo :7 yc~. TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. ADDRESS PHONE # 73y- Ty TO THE BOYNTON BEACH CITY COMMISSION: SIERRA CLUB FOUNDED 1892 We the undersigned urge you to buy the 100 acre cow pasture on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing the cramped Woolbright Road Little League baseball complex, a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking flails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # Exhibit - April 7:, 2004 TC-' city commission Mtg. BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan o~ I E ~ for the Renaissance Village development located on the former Motorola factory site. The developers will profit greatly from C LU B zoning changes which allow a strip mall and 500 apartments. FOUNoEo :892 DO not give awaythe current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Crreenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ADDRESS PHONE # "-/3 z._~-D 75.~-7.~- 7 ~ TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan ~q I E 1~~ for the Renaissance Village development located on the former Motorola factory site. The developers will profit greatly from C LU B zoning changes which allow a strip mall and 500 apartments. FOUNDED ~892. DO not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Greenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ! ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan ~~ I E ~ for the Renaissance Village development located on the former Motorola factory site. The developers will profit greatly from C LU B zoning changes which allow a strip mall and 500 apartments. F OU, D E D ~892 DO not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Greenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ADDRESS PHONE # 7.52.- ?¥ 7 7I' SIERRA CLUB FOUNDED 1892 TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan for the Renaissance Village development located on the former Motorola factory site. The developers will profit greatly fi.om zoning changes which allow a strip mall and 500 apartments. Do not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Cn'eenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ADDRESS PHONE # TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan ~~ I [~ [2~~ for the Renaissance Village development located on the former ~ Motorola factory site. The developers will profit greatly from LU g zoning changes which allow a strip mall and 500 apartments. F oo N D..E o ~89a DO not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Greenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. ADDRESS ,,/ PHONE # SIERRA CLUB FOUNDED t892 TO THE BOYNTON BEACH CITY COMMISSION: We the undersigned urge you to reject the proposed site plan for the Renaissance Village development located on the former Motorola factory site. The developers will profit greatly fi.om zoning changes which allow a strip mall and 500 apartments. Do not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Greenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ADDRESS PHONE # S~'/ 7.g7- ggP7 TO THE BOYNTON BEACH CITY'COMMISSION: We the undersigned urge you to reject the proposed site plan ~,~ I £ RRA for the Renaissance Village development located on the former ~ Motorola factory site. The developers will profit greatly from LU zoning changes which allow a strip mall and 500 apartments. rOUNDED ~892 Do not give away the current easements of 40 feet. Require the developers to amend the site plan to include a 60 foot wide Greenway plus a 10 foot buffer running the length of the canals. A meandering bikeway is to be included in the Greenway. The Greenway is to be re-planted with native plants such as live oak, slash pine, silver palmetto, and the State tree: Sabal palm. NAME ADDRESS PHONE # , 11 ' ,4TO THE 11\5.,%I : .:', BOYNTON BEACH CITY COMMISSION: -^ 1�..��..-� We the undersigned urge you to buy the 100 acre cow pasture SIERRAon the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # . i:Z_Lrni ,5-27f 4/iL 148 le. Ydraa6( 753 - 7 76/7 Pkci A kVA/kP v `f00 m ,-§oer 6g_c/A5 7s2-- Z7O / Dti‘cz.-k' ,‘) ccz:ANio 3590 C Sennl n / —1.Y1- \c'EcD1 J s,9 .r/ ./ emth 3a/ -Sc.J Irl A/ X77/• 73/- 335-0 (il We2604.. 02 V l o c et„ccAcac3. 2L1,2 -,-1216 , / Ivo , 6 /1 ,t_ /e < et './ R?6 rioi2a ,� 14,1 auz -DR , i1/01 -077 , °. 7111ted,_ g"'' - 44 -- dl qiii.,/ , 0, 8 , 7./i ,/,0z5- 7-7oP. ,ir-2--e/2 -' d''' �- G v� ,\ + wt 1�, -F i i Z p /- (-t` 7 + c(' - 7g) I C 4' S� ��,- - i1, TO THE 5 `a: BOYNTON BEACH CITY COM IISSION: Af, µf, We the undersigned urge you to buy the 100 acre cow pasture SI E RSA. on the east side of Congress Avenue near the Boynton Mall for Camulti-use park. Features over time could include replacing LU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # ' t--17 r(01 -OP_ - :' 5'-(901 11/14) '‘ ,4-- 4---. -), ,--3/ ,56/-56 -16 --3-- 0 '' • - 1-zt_ -:;),L,pc-JAJ le,C111.1.4,_t- lyt., tillpf OA. 33 cf..i.i- ,_51 - 0 h- (c-A.JiAe /6 Y S2'1!/t CUj-e 60-Gv �. /cA 33'13 S19/ -f? 3 44- ?al U Ocje, FA rz&O 16, c( 56- 27 A v&f 4J ,� la 33 4f3s' t .1. �(1 cow * � let-7- 71 7. --sVc2---- ce P I `` II ,_ _ , I 60 GO 66( I A --f., 1 - ,, -63 AV: 1y/ _. % : 167,4 tt; v,,,„, Cift_ c'JL,_ (k) (S6 -73s -04s--6 (9 91:1714-' ` Q'/I�it�i - 2z 1nf I q 57- 4 wk / f A-J1 � r)--7-3 ttS il s _ TO THE 1C1z t• BOYNTON BEACH CITY COMMISSION: r rr� i ,..„41„,-/ We the undersigned urge you to buy the 100 acre cow pasture Sii E p4Pt on the east side of Congress Avenue near the Boynton Mall for multi-use park. Features over time could include replacing Ca LU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # CTS 2 A&r( �/� sR, 2.V/4P-e-- 757 - Z 75 Q acd1 GIt A (CUrA 0?-6 9/4/3 -6) P.A.53fle 5 C / f 2 `� CN/L' •‹—L L-Ak,, kx,,_,e.,,---...— .7 __, --A.—.A.71-- C-.6,t)7 3 2, 6 ze ' (\\,1,,V\ \-f ?3\d 19, tr./at( Da, 11 50- aici, - (79Alrn ki ,‘ -6 S Mi /-f,, ,c,41, ,,) a lr I -tim,4-� PS U/P--1J.Ai/e fi-3 g 7T7 ) '27 7/iti / -7",s' .,,2' r 6( f• _ fir) P44-6,1,,iii /M G F w-20 --79w-)---a03 �k �. . `tea c)R1--)rr\N .2GfM04, X• 1 a, x ca Oo 'fig Pk 3 gi rz ,;b,- 38.s-_7y4 )1541.ri \ i --) i / Ln i_. Sa1 Z`dI 121(Dc) -74 )7416,,,, ,. a ,,(4, 1k? , ,Tf-.3- ) Y "� u� 1 > -r L c1- c<< 73 ), — ci 5 7 S TO THE 1 \cb -i'..;- ( -.‘, , BOYNTON BEACH CITY COMMISSION: -;4 L,: We the undersigned urge you to buy the 100 acre cow pasture SI E on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLUB .the cramped Woolbright Road Little League baseball complex, � p FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. . NAME ADDRESS PHONE # ____AA7 -di��2euy t. 6-3---,.50 _ii, -.-�, - 73z - 2.5-/ ? P,(/iJ�i�I if , i' 'I' s 6,7,,,lI GJ/0/Lia 7f.5---76 oZ Z / 1 ' 0 (5,53° , , eein W ii14/ 73 vZ4z42vJ IkY." 1(: )(XX1,1\,_ c),10 .5 SO `l ,s+ , n6 ,1,\ , (Bek) (ggrScs6y16-1 I uiv RPAAJ 0l,A-c"),,ic-1, All-- 5r„,. IVO/ Y 9TA 3A-0 sl— ovrr,irpoir, 73) \g25 4 f'/e„: r- v - TO THE .1• BOYNTON BEACH CITY COMMISSION: "-* 17. : ` I We the undersigned urge you to buy the 100 acre cow pasture Sii F PJRA on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # 1 /, 0 � 7Z� 1 - Ioye - 7 (1'7- 1(57 .7 ; A_Q__ 6 a-Zkatki-i-o- 75 -0.2.1/ok, 1,0661-a Xc4/(144_6 BLL�� 6y__Q c -7? if7 ,...., -� TO THE ., ,.lif.. ).,. BOYNTON BEACH CITY COMMISSION: ft We the undersigned urge you to buy the 100 acre cow pasture SIERRA. on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # igu iv 4,4 64 o2)5gc-t.) q ri1/911c c _E 311 4 3 6 4 Si 3ii'Gs `1141J-642Cgzci (5'frk1 '5olve •6/ 737 %Y y \-)'-', D•4 ---- -,2),..kn-e,,i 2(0So exo6C-ko AUr: Val-D•V- 33(e. 6- 7YkL ,Q, 02Q.9 3U1. j4-uP, 601- 3z-I - 91((-) 7(-'- -7163A o /6L(-9-- 6' , Pilt 61..e . 9 ( zw - Az7/ f',V_G t j Z- /Y n g flover . 6G/- l'3/- ---. ----118,„\r,k Q\kg- ti)Q 9 C2L1c) 5 ct7 C>rakAcv(AK C-s\-- , k)(,) - 13g. - 17.0 '::\_:. r._ ,ell- i 0 (30 0 i r)v ,. 0 S-Za t 1.5 6\A ('') 3 ��Z = e�CC c-60( C� -ct3 7 ? f TO THE 5 BOYNTON BEACH CITY COMMISSION: t � TM; ►' We the undersigned urge you to buy the 100 acre cow pasture SI E RRA. on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # .1.°‘11E1 6ar&AI-Dle'"- 3:044'Ymoodo 1-‘ ,,u_ si_- _166 167-GI,/ , I qi --7 7/2 ti--- 7, - , / . GG J r ie-4:5c 4- - it ,ik +� 11 1-e F; i zP`J TO THE B EACH CITY COMMISSION: 411r.: '1,,,,k‘ II v1Typ '1,, OYNTON B i- ! , .\--t.741,-.--/I ,-- 11. "• We the undersigned urge you to buy the 100 acre cow pasture SIERRA on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing CLU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # 6-1tAtcuLALiludy 1eoL Ow.,,,,J0(Ar, 3(,Lk o(et ,; * , 769--.7(2,-;7)- 4 9--.7 - c/ `---2/‘iji Gt/L-ay41t 7,1,-kC.!} ///f cfA_ )-(/ /g, Jed; 736-/ ,/ co-deft 1/AL .s 1 I s'to, iglA_cftee ,e_ gal 36 q-pi-y OF 'i_ 1 I 1,17i/Zerig Fn ,e)oK 73 2 r B_15 76 2--461?---- c ss -2,7 4 43 s -C I .,/-‹, y- - ra Ps4voLo_Ji bel 6 (D , I 1,0n5 E /9-sl- 6 , 6 , d 1 a e 4.''-. Y / q S -z.=,- kefr / 03 J TO THE BEACH ION: BOYNTON CITY COMMISSION: -- We the undersigned urge you to buy the 100 acre cow pasture S j ç on the east side of Congress Avenue near the Boynton Mall for a multi-use park. Features over time could include replacing C LU B the cramped Woolbright Road Little League baseball complex, FOUNDED 1892 a dog park, a water park, soccer fields, and a second community built playground. Along the canal banks 50 acres could be reforested with native plants and have picnic areas and walking trails among the trees. We realize this would possibly result in a tax hike for twenty years of about $30 for an average house. NAME ADDRESS PHONE # Jet(IvY 6f;A00 1-'1-3 5hzi/ f---&K/rfr-f;a/.3(392,1 -ea 4,a �� (0,11u10/6s(is -4 C / ' Auwio/ 1 106 6 tioV Recipient: City of Boynton Beach Exhibit - April 7, 2004 ('.ity Commission Mtg. ORIGINAL 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AWS FUNDING PROGRAM AGREEMENT Recipient's Project Manager: Dale S. Sugerman Address: 124 E. Woolbright Road Boynton Beach, Florida 33435 Telephone No: (561) 742-6456 Fax No: (561) 742-6298 SFWMD Project Manager: Nestor Garrido ContraCt Number: DG040186 -: :i i:.:i" : :.~ GoverningB°ard: Approval Date:.i~Pri}: ::~}i2004 . : Address: 3301 Gun Club Road West Palm Beach, Florida 33406 Telephone No: (561) 682-6908 Fax No: (561) 681-6264 Insurance: Applicable/Not Applicable: Federal Employer Identification Number: 59-60000282 Project Title: Boynton Beach ASR Project Description: Construction of one (1), 24 inch diameter finished water ASR well. Contract DG040186 Page 1 of 9 Exhibit - April 7, 2004 '-- City Commission Mtg. G. SMU - Suburban Mixed Use Zoning District 1. Intent and Purpose. The Suburban Mixed Use zoning district, which shall only be applicable to lands located west of 1-95, allows for a diversity of land uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan review processes. The objectives of the Suburban Mixed Use zoning district is as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Create major new mixed-use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well- designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. SMU - Suburban Mixed-Use Zoning District. a. In order to complement the redevelopment and envisioned growth of the suburban area, the SMU zoning district shall only be applied to lands west of 1-95 classified as Development o_f Regional Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. b. The SMU district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. The review of ~ SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-use developments within this district shall front on a major arterial and contain a mixture of retail commercial, office and residential uses. Apdl 7, 2004 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit P Government Office/Civic Center/Library P RecreatiOn (outdoor) C Museum P House of Worship p1 Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garal~e P April 7, 2004 2 Office Use Group SMU ZONE Banks, Financial Institutions p2, ~ Medical or Dental Clinic p2 Medical or Dental Office p2 Physical Therapy Clinic p2 Professional Business Office p~ Real Estate Office p2 Veterinary Office or Clinic P~ Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store p2 Ammunition or Firearm Sale or Rental N Animal Boarding or Kennel (indoor only) p2 Animal Groomin~ P~ USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Animal Sales/Pet Shops w/Veterinary Facilities p2 Antique Mall/Flea Market N Arts, Crafts, Hobby and Framing P2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail p2 Bicycle Shop p2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore p2 Building Supplies or Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N Coffee Shop p2 Convenience Store p2 Custom Furnishings and Antique Stores p2 Cyber. ear6 p2 Delicatessen p2 Department Store <80,000 s.f. P Department Store >80,000 s.f. C7 Dive shop and Instruction as Accessory Use p2 Drag Store or Pharmacy pO, 2 Gasoline sales with/without Vehicle Service N Grocery Store, Supermarket p3 Fitness Center p2 April 7, 2004 3 Florist p2 Furniture Store p2 Hardware Store p2 Health Food Store p2 Home Improvement Centers C7 Household Appliances and Parts p2 Jewelry or Cosmetics Store p2 Linen and Household Goods p2 Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C7 Music Store p2 New Clothing, Shoes or Accessories p2 Newsstand p2 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Office Supplies p2 Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or p2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru Cz Restaurant; Sit-Down P Specialty Foods and Confections p2 Sporting Goods p2 Television, Radio, Video and Stereo Equipment p2 Tobacco Accessories p2 Toy Store p2 Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio p2 Dressmaker or Tailor p2 Drycleaner p2,4 Fitness Club p2 Funeral Home N Hospital N Labor Pool Establishments N April 7, 2004 Service Use Group cont'd SMU ZONE Laundromat p2 Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center pZ Self-Storage or Mini Warehouse C Shoe Repair p2 Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse Centers/ N Shelters/Half-way Houses USE GROUP/USE SMU ZONE Entertainment Use Group SMU ZONE Adult Entertainment N Bar, Cocktail Lounge pZ Billiard Club/Bowling Alley/Indoor P Recreation Facility Bingo Hall N Fortune Teller N Movie Theater pZ Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal Cz Organizations Accessory Use SMU ZONE Drive-Thru Facility (other than accessory C5 use to financial institutions, pharmacies and restaurants) Restriction Notes: i Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 2 Must be integrated into a commercial or mixed use development and for any single business, not exceed 30 percent of the gross floor area of the mixed-use development. 3 Gross floor area of grocery store must be a minimum of 20,000 square feet and a maximum of 80,000 square feet. 4 On-site drop-off and pick-up only. 5 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Indoor storage/display shall not exceed 20,000 square feet. Apdl 7, 2004 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 4. Building and site regulations. Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acres1 Residential, single Family Detached 5,000 sq. ft. Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit Residential, Single Family Attached 2,500q. ft. Residential, Multi-Family 15,000 sq. ft. Community Facility Use Group Public Park no minimum All other Use 10,000 sq. ft. ~ Or part of a mixed use project at least 3-acres in size Maximum Density/Intensity SMU ZONE Maximum F.A.R (excluding parking structures) 1.0 Maximum Density 20 du/ac Minimum ~,...~a. ~.....,.~ .... ,~. ,,.a .A.. Usable Open Space~ SMU ZONE Residential, Single Family Detached~- 40% Residential, Single Family Attached-~ 30% All Other Uses~- 20% - Usable Open Space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures 2 At least 50% of the required usable open space for single family residential uses shall be contained in one or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five feet. _3 Up to 50% of the usable open space required for All Other Uses may be hardscaped plazas and public gathering places. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Apdl 7, 20O4 Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. Residential, Multi-Family 55 ft),z All Other Uses 55 ft.l,2 Minimum Height 35ft.3 (25 ft)4 Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply '~' ~"* ~*' n .~.:v~.~ ....... :~, Maximum of 75 feet with conditional use approval. Exceptions to the maximum height shall not be allowed. Setback from property_ boun is a three times the building height. If property abuts single-family residential or arterial roadway, building shall be separated from property line by another project building equal to or less than 55 feet in height. Applies to any fagade with "arterial roadway" frontage. Multiple story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. Conditional use approval r red if less than the ~'~'~ FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential, Single Family Detached build to line 10 ft.~ Residential, Single Family Attached build to line 10 ft.! Residential, Multi-Family build to line 10 ft.z' 4, ~_ All Other Uses including mixed use with a residential 10 ft.3' ~' -~ component - build-to line Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Apdl 7, 2004 7 Minimum setback for a garage facing or accessing the street is 20 feet. Where less than 20 feet, garage access required from side or rear. Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Front yard build to line_along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. Where adiacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. SIDE YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 ½ fi. or 0/10 ft Comer 15 ft. End 10 ft. Residential, Single Family Attached (Duplex) Comer 15 fi. Residential, Single Family Attached (Townhomes) End 10 ft. Comer 15 ft. Residential, Multi-Family 10 ft.] All Other Uses 0 ft.-! ~v;~+:~ ~;~1~ C~;1.. ~l~4-~k~ .4 .... 11;~ Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. a. Building Height Measurement. Building height shall be measured from the lowest point at the common property line or from the minimum base flood elevation as established by FEMA, whichever is highest, to peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator shafts, etc. b. Height Setback Envelope: minimum building setbacks based on building heights. The height setback envelope is applicable where the SMU development is adiacent to a developed single-family residential zoning district. This minimum setback shall be 3 times the building height for any multi-family or non-residential structure. The setback shall be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right-of- way. Apdl 7, 2004 5. Mixed Uses. Buildings containing residential and non-residential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses". Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. 6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. SMU District. · Trees. All new construction in the SMU District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper measure at DBH. In addition, there shall be no branches below four (4) feet for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Small flowering trees shall be planted under overhead utility lines. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. Tree Spacing · Trees along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of 30 feet on center for trees meeting only the minimum caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper. · Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. April 7, 2004 Tree Irrigation. · Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design. · Irrigation systems shall be in operable condition at all times. Sidewalks · Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use development areas only. Flower Containers · To add color and soften internal sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of all central mixed-use areas in the SMU District. Perimeter Buffer · A minimum perimeter buffer 25 feet in width shall be provided surrounding the project. All buffers abutting the right- of-way of arterial roadways shall include a landscaped berm. 7. Parking Requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11 H, of the Boynton Beach Land Development Code. a. Parking for mixed-use developments may utilize shared parking ratios, consistent with those prepared by ULI- the Urban Land Institute. Supporting documentation from this standard book shall be presented with a shared parking analysis at the time of technical site plan approval. b. Freestanding parking garages as part of a multi-family residential or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact. April 7, 2004 ]0 c. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping, buildings, and/or architecturally articulated fagade designed to screen the parking area. d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. 8. Dumpster Location. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public. 9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project. 10. Minimum Project Size. A minimum of 10 acres shall be required for any project developed under the provisions of the SMU regulations. 11. Master Plans for Phased Projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, including multi-year phases, shall be submitted and reviewed for approval at the time ofrezoning to SMU. a. In addition to the information required for application for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data: The title of the project and the names of the professional project planner and the developer; Scale, date, north arrow and general location map; A current survey, sealed, that includes the boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; Master plan generally showing access and traffic flow to each parcel; April 7, 2004 11 Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types, Tabulations demonstrating the proposed~ numbers of dwelling units, square footage of commercial, office and other uses, and, Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings depicting representative design concepts. b. Procedures. On application of master plan approval for a SMU project, the planning and development board and City Commission shall proceed in general as for other applications for planned zoning districts. 13. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than 30%, do not require a Notice of Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural design characteristics, building placement and massing, or location of land uses. Non-substantial modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C 13. 14. Site Plans. Site plans for development of land zoned SMU shall be processed in accordance with procedures established in the City's Land Development Regulations. The site plan application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: a. BUILDING LOCATIONS AND ARCHITECTURAL ELEVATIONS of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site plan or and the supplementary materials required. b. LANDSCAPE plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City's Land Development Regulations. FENCE, WALL AND PLANTING SCREEN locations, heights and materials. ~ subject to changes in use category at time of technical site plan approval April 7, 2004 12 d. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. e. COMMON AREAS. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable approval of the city attorney. 15. Once a master plan has been approved in a SMU district, the designated parcels may be platted as a boundary plat for the purpose of a sale to a 3ra party purchaser. Each parcel that is platted will be subject to technical site plan approval as provided in the City's code. This boundary plat may be processed simultaneously with the SMU master plan or a SMU master plan modification. The definition of "mixed use development" contained in Chapter 2, Zoning, Section 6.F. 13 is hereby revised to read: Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. S:~Iannin$\SHARED\WI~SPECI~RO J~CODE REVIEW~CDRV -S Ml.~ubur'o~ Mix~xl U~e ~ pt, eaentecLDOC April 7, 2004 13