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Minutes 10-20-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, OCTOBER 20, 2009 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was given by Vice Mayor Hay. Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted there were two items added to the original agenda. A. Clarification and interpretation of Zoning Code regarding uses in the M-1 Zoning District. Commissioner Weiland noted there may be an addition to the agenda based on the discussion regarding the uses allowed in an M-1 Zoning District. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 1 c Meeting Minutes Regular City Commission October 20, 2009 Boynton Beach, FL Commissioner Weiland presented the discussion relating to permitted uses within an M- 1 Zoning district and the plight of a citizen attempting to open a jazzercise studio in the area off High Ridge Road. Both a gymnastics school and a cheerleading school had been allowed to operate in the same area. It is zoned light industrial. The jazzercise studio would not attract children, rather adults. Staff defined jazzercise as not dance and Commissioner Weiland presented the Commission with the definition of jazzercise as a form of dance. Commissioner Weiland requested the opinion of the Commission to add the item under New Business for possible approval. Commissioner Rodriguez concluded jazzercise, cheerleading and gymnastics all entailed an instructor, moving, dancing and athleticism. He would agree to allow jazzercising as a form of dancing. It did involve a resident of the City attempting to open a business within the City. Vice Mayor Hay agreed, but inquired on the methodology used by the other businesses to obtain permits. Mr. Bressner explained in 2004 a zoning text amendment to allow dance instruction in the M-1 district as a conditional use was approved. There has to be a review by the Planning and Development Board and then approval by the Commission. Commissioner Ross determined the applicant, Nancy Ojea, was present. There were no other interested parties in attendance. Ms. Ojea explained the steps she had taken to obtain the premises, including the use of a realtor and property records that indicated zoning of commercial/condominium. A lease was signed based on the information available. When Ms. Ojea applied for a license, she was told it was a light industrial area and the license was denied. It was explained to Ms. Ojea there was a conditional use for dance, but when she applied as a dance studio, the license was denied based on the determination jazzercise was not a dance program. Ms Ojea explained jazzercise was a combination of dance movements set to music for exercise by dancing. Mayor Taylor noted staff had consistently opposed these types of use because it is an industrial area to attract businesses and jobs. The Commission then allowed the gymnastics and cheerleading activities. Commissioner Weiland disagreed with the contention that Solid Waste trucks traversing the area would create a safety hazard. He noted the City's Public Work facility is in the middle of a residential area. He was open to moving forward with the license and allowing the business to open. Mr. Bressner described the area and the uses within the building. The parking system could be stressed by the addition of student vehicles. Ms. Ojea indicated the class size averaged 15 to 20 students each. The current parking allowed eight spaces per unit with a first come, first serve basis thereafter, per the building's association. Ed Breese, Principal Planner, added the Code did not allow the use and the parking ratios were not adequate. Other issues included the safety of small 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 children around large equipment and trucks within the parking lot itself and the loss of industrial space to non-industrial users. Attorney Cherof outlined the process would be to inquire of staff their intent when drafting the language for the Code amendments or inquire of the Commission who adopted the ordinance and change. Gymnastics is a permitted use while dance studio is a conditional use. A determination that it is a permitted use would allow staff to process the application. A determination that it is conditional use would require an application for approval by the Planning and Development Board and the Commission. Mr. Breese indicated a conditional use approval is typically a three month process. Motion Commissioner Weiland moved to approve the request for jazzercise to be interpreted as gymnastics as a permitted use and move forward. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross thanked the City Clerk's office for the Commission's laptops and converting to a paperless agenda process. It would save a considerable amount of paper. Commissioner Ross sought information relating to the joint Homeless program. She was the designated liaison and had not received any information. Also, an update on the South Central Wastewater and Treatment Disposal Board meeting was requested. Mr. Bressner reported the Board of Directors had approved the allocation of reuse water. The ocean outfall had been shut down and the treated effluent had to be used for irrigation or other non-potable uses. Currently, the 18 million gallons of reuse water generated per day is split 6 million to the golf courses, 6 million for Delray and 6 million for Boynton Beach. The cities would be working with the golf courses to reduce their consumption to be divided equally by both cities. The goal was for both cities to increase their share to 8 million gallons per day. Commissioner Weiland congratulated the Fire Department and staff for the completion and opening of Fire Station #5. It is a hardened building and able to withstand 200 mile per hour winds. Mayor Taylor reported he and the City Manager had attended a Business DevelQpment Board meeting addressing the issue of attracting businesses to communities. Incentives from the federal, state, county and municipal levels were discussed in conjunction with the perspective of the business owner. The discussion also included 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 the idea of confidentiality. The request had been made to have the presentation brought before the Commission to share the knowledge. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED 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) Herb Suss, 1711 Woodfern Drive, noted Fire Station #5 came in under-budget and under-time. He encouraged everyone to visit the state-of-the-art facility. Sherry Johnson, Community Caring Center Director, announced the Pumpkin Patch had arrived and would be open from 10 a.m. to 6 p.m. daily. Other activities would include story telling, face painting, singing and guitar playing. The Green Markets would be opening October 31 s1. The market at the Children's Schoolhouse Museurii" would continue with an Art-in-the-Park theme with free space being given to emerging artists. The Classic Car Show would be held in February and the Hunger Walk in March. Ms. Johnson commended the Museum for their assistance and Mr. Bressner for his assistance with the market at the Mall. Ms. Johnson expressed her hope that both markets would be successful this year. Mayor Taylor advised a local merchant had complained the vendors at the Museum were selling past the 1 p.m. closing time and asked Ms. Johnson to address the issue. John McGovern, 2620 Spiceberry Lane, distributed copies of an article summarizing parents working With municipalities to challenge School Board policies and decisions. He reiterated his suggestion for the City to fully inform the citizens regarding the March election and candidates. Mayor Taylor advised there are specific laws concerning the City's responsibility to inform the public regarding ballot issues including the use of any funds to distribute information. Attorney Cherof confirmed recent legislation had reversed the prior ruling that local governments could spend monies to educate the citizens and even advocate a position. It is now prohibited. Documentation relating to the identity of candidates and campaign contributions are public records that can be obtained by any citizen. Mr. McGovern did not feel citizens should have to pay for information relating to elections and candidates. Mayor Taylor indicated the press reports all campaign donations. Vice Mayor Hay added the City Clerk's office can provide any of the information requested. Attorney Cherof explained reviewing records 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 is free. There is a charge made for copies. Mr. McGovern contended the web site should clarify that distinction. Commissioner Rodriguez suggested Attorney Cherof review the language on the web site to assure it is clearly stated that there is only a charge for copies and review is free. There was consensus to clarify the language, if necessary. Later, Attorney Cherof advised he had checked the City's web page, under Public Records, and the first paragraph of the form specially stated there is no charge to inspect records. There would be nothing to add. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve on the Historical Preservation Ad Hoc Committee. Mayor Taylor pointed out staff had recommended that five positions be filled from various fields of expertise. Commissioner Weiland noted advisory board appointees must be a resident of the City of Boynton and can serve on one board. Would those criteria apply to this committee also? Mr. Bressner responded it was not an advisory board and the Commission could develop its own criteria. Commissioner Rodriguez suggested each Commissioner make one appointment. Vice Mayor Hay wanted to discuss each appointment as they were made. Motion Commissioner Rodriguez recommended Warren Adams as an expert in historic preservation. Commissioner Weiland seconded the recommendation. Mayor Taylor supported the appointment. The motion passed unanimously. Motion Vice Mayor Hay appointed Barbara Ready. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Motion Mayor Taylor appointed Steven Holzman. He was an attorney and lived within the City limits. His web site provided further information. Commissioner Rodriguez noted Mr. Holzman had no historic preservation experience. Vice Mayor Hay seconded the motion. The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 Motion Commissioner Ross nominated Gaylord Hendricks. Commissioner Rodriguez seconded the nomination. He was a landscape architect. The motion passed unanimously. Motion Commissioner Weiland recommended John McGovern. Commissioner Rodriguez seconded the motion. Mr. McGovern had given useful information to the Commission on historic preservation from other projects and would be an asset. Mayor Taylor did not support appointing Mr. McGovern and Commissioner Weiland agreed in many areas he did not agree with Mr. McGovern's perspective. He would be an asset on the board. Vice Mayor Hay noted Mr. McGovern did bring a different point of view to many Issues. Commissioner Ross appreciated Mr. McGovern's expertise. The motion passed 4-1. (Mayor Taylor dissenting) The number of committee members needed was discussed. Vice Mayor Hay indicated five members should be sufficient with alternates. Motion Commissioner Rodriguez contended the Commission would be remiss if it did not appoint Linda Stabile to the committee with her extensive historic preservation experience. Commissioner Ross opined seven members would be preferable and there was consensus to appoint seven members. Mayor Taylor stressed Ms. Stabile did not reside within the City of Boynton Beach. Commissioner Ross seconded the appointment of Linda Stabile. The motion passed unanimously. Motion Mayor Taylor nominated Eric jones who had thirty years of historic home preservation experience. Vice Mayor Hay seconded the motion. The motion passed unanimo\Js1y. B. Accept the resignation of Lynda H. Frederick, a regular member of the Golf Advisory Board. Motion Commissioner Weiland moved to accept the resignation of Lynda Frederick. Commissioner Ross seconded the motion. The motion passed unanimously. C. Accept the resignation of John E. McGovern, a regular member of the Library Board. 6 Meeting Minutes Regular City Commission October 20, 2009 Boynton Beach, FL Motion Commissioner Weiland moved to accept the resignation of John McGovern. Vice Mayor Hay seconded the motion. The motion passed unanimously. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay moved to appoint Jack McVey as an alternate member of the Recreation and Parks Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously. 6. 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. Approve the Minutes from the City Commission meeting held on September 22, 2009. B. Approve the Minutes from the City Commission meeting held on October 6,2009. C. PROPOSED RESOLUTION NO. R09-117 -- Approve piggybacking the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, Florida to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314.00 with a 15% contingency of $38,447.00 for a total project cost of $294,761.10. D. Approve appropriation of $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1 001). PROPOSED RESOLUTION NO. R09-145 -- Approve the Piggy-Back of Palm Beach County School Board RFP #09C-018K with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach, Florida, for Labor, Equipment and materials for the installation and start up of a new above ground storage tank system and removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency. (Tabled on October 6, 2009) 7 Meeting Minutes Regular City Commission October 20, 2009 Boynton Beach, FL E. PROPOSED RESOLUTION NO. R09-148 -- Approve and authorize the execution of a two year contract for the RE-BID TO RE-BID FOR THE TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067-2110-09/JA, to Staffing Connection/Action Labor of West Palm Beach, Florida for an estimated annual expenditure of $304,170.00. F. PROPOSED RESOLUTION NO. R09-149 -- Approve and authOrize the execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065-2730-09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total project cost of: $242,990. Commissioner Ross pulled Item 6.F for discussion. G. PROPOSED RESOLUTION NO. R09-150 -- Approve the award of the ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" Bid #052-2821-09/JA, to Shannon Chemical Corporation, of Malvern, Pa. for an estimated annual expenditure of $ 52,990. H. PROPOSED RESOLUTION NO. R09-151 -- Approve the "First Amendment - Agreement for the Provision of Supplemental. Police Services" between the CRA and the City. Commissioner Ross pulled Item 6.H for discussion. I. PROPOSED RESOLUTION NO. R09-152 -- Approve execution of the first amendment to the Palm Beach Co. Recreation Assistance Program (RAP) Agreement in an amount not to exceed $7,000 to help offset costs of the 2009 Heritage Celebration. J. PROPOSED RESOLUTION NO. R09-153 -- Approve the Interlocal agreement between the Board of County Commissioners, Palm Beach County, Florida, and the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter into a 1 year agreement to receive funding in the amount of $279,900 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. K. PROPOSED RESOLUTION NO. R09-154 -- Approve an Agreement with RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49, 960.84. 8 Meeting Minutes Regular City Commission October 20, 2009 Boynton Beach, FL L. PROPOSED RESOLUTION NO. R09-155 -- Approve a new inter-local agreement with the Solid Waste Authority (SWA) for delivery of municipal recycling to their new facility with a revenue sharing program. M. PROPOSED RESOLUTION NO. R09-156 -- Approve the sixty-three (63) month Application Service Provider agreement with SunGard Public Sector Inc., effective October 1, 2009, to host their integrated HTE government application-software package and the City's data at SunGard's secure Georgia data-center. The total sixty-three (63) month cost is $879,765 (minus a $30,332.82 credit for October 1 through December 31, 2009), in accordance with the attached "Schedule A - Order Form". N. PROPOSED RESOLUTION NO. R09-157 -- Execute the Interlocal Agreement (ILA) with the Town of Ocean Ridge to allow beach patrons who have purchased annual parking permits to park at designated spaces at the west end of the Town Hall parking lot at times when the Oceanfront Park parking lot is in an overflow status. O. PROPOSED RESOLUTION NO. R09-158 -- Approve the Interlocal Agreement between the City of Lake Worth and the City of Boynton Beach for building, planning and related administrative services. P. PROPOSED RESOLUTION NO. R09-159 -- Authorize entering into a contract with Palm Beach County Housing and Community Develo"pment, implementing activities under the 2005 Disaster Recovery Initiative Program, and receiving maximum reimbursement of $1,629,170. a. PROPOSED RESOLUTION NO. R09-160 -- Approve the Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. R. PROPOSED RESOLUTION NO R09-161 -- Approve the FY 2008-09 (a) transfer of budgeted funds from the Fire Assessment Fund to the General Fund in the amount of $3,174,665 and (b) increase the General Fund authorized appropriation and related budget of such funds in the same amount of $3,174,665. S. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. 9 Meeting Minutes Regular City Commission October 20, 2009 Boynton Beach, FL T. Release all surety for the water and sewer systems for the project known as Waterside, including the surety for offsite improvements, in the amount of $48,825.65, and refunding this amount to Southern Homes of Palm Beach, LLC, the developer of the project. U. Motion to release all surety for the water and sewer systems for the project known as Renaissance Commons, Phase VI, and returning Letter of Credit no. SM222405W from Wachovia Bank to the developer of this project. Motion Vice Mayor moved to approve the Consent Agenda with the exception of Items F and H. Commissioner Weiland seconded the motion. The motion passed unanimously. 6.F PROPOSED RESOLUTION NO. R09-149 -- Approve and authorize the execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065-2730- 09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total project cost of: $242,990. Gary Zinler, Vice President of Commercial Construction for the Surge Solutions Group of West Palm Beach, had attempted to contact the Purchasing Department regarding the bid on the Boat Club Park project. He wanted to review staff's recommendation. Mr. Zinler outlined his and his staff's qualifications and experience in the construction of similar projects. He did not feel there was an adequate representation of the expertise of his company. His company had plans for the boardwalk project and wanted to submit that proposal also. Surge Solution Group had submitted the lowest bid for the Boat Club Park project. Contact with staff to provide any additional information needed had been unsuccessful. Mr. Zinler requested the Commission reconsider staff's recommendation. Commissioner Weiland recalled bids that the lowest bidder had not been selected based on incomplete data submitted by the bidder. The staff report indicates the references listed had no knowledge of Surge Solutions, Inc. Vice Mayor Hay noted the report indicated Surge Solutions did not have the experience as a known general contractor in construction. Carol Doppler, Purchasing Agent, clarified there is a Cone of Silence that must be followed in the bid process. Mr. Zinler indicated, at this point in the process, his company had not had an opportunity to remedy any deficiencies in the information provided. He questioned if his company was welcome to do business in the City of Boynton Beach in the construction field. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 Wally Majors, Director of Recreation and Parks, advised staff had checked the references provided that were not favorable to Surge Solutions and were not familiar with the vendor. The references for the vendor selected, Burke, were very favorable. Commissioner Rodriguez wanted assurances that an explanation ,is given for the Cone of Silence and the customers or vendors are not ignored. Ms. Doppler normally explained to the vendors the Cone of Silence was 10 days after the bid opening. Mr. Bressner interjected the staff report should be made available as soon as possible. Attorney Cherof explained vendors or bidders on a public project should understand the basics of the process when records can be obtained. Mr. Bressner suggested the competitive bid environment may require more specificity in the bid documents. Motion Commissioner Ross moved to approve Item 6.F, Proposed Resolution R09-149. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6.H PROPOSED RESOLUTION NO. R09-151 -- Approve the "First Amendment - Agreement for the Provision of Supplemental Police Services" between the CRA and the City. Commissioner Ross pulled the item to highlight the fact the City was funding the CRA police force $50,000 annually for next three years. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify regarding the three public hearing items. He also outlined the procedure to be followed. A. Baywalk, (SPTE 09-007), Site Plan Time Extension, located at 3103 South Federal Highway; west side of Federal Highway, approximately 1/8 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 mile south of Old Dixie Highway. Request approval of a one (1)-year site plan time extension for a new site plan (NWSP 08-001) approved on January 2, 2008, thereby extending site plan approval from July 2, 2009 to July 2, 2010. Applicant: Alberto Herrera, P.E., Development Consulting Group, Inc. Staff and Board recommend item be approved. Ed Breese, Principal Planner, reviewed the request for site plan time extension for 40, two and three bedroom units within 18 buildings. Current market conditions and resolution of the Conditions of Approval were the reasons given for not moving forward. Engineering permits and plat approval were ongoing. Staff recommended approval of the request. Alberto Herrera, representing Southern Homes, had no comments. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Rodriguez suggested the applicant use some landscape plantings along the edge of the parcel to beautify the vacant land and buffer the area from the public. Mr. Herrera advised the applicant would have no problem with developing some landscape coverage. Currently there is a chain linked fence with a green tarp to shield the property from the vacant lot. Motion Commissioner Rodriguez moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. B. High Ridge Academy, (COUS 09-005) (MSPM 09-007), Conditional Use /Major Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional use / major site plan modification to allow for the conversion of an existing 14,692 square foot office building to a preschool/day care use. Applicant: 1325 Gateway LLC. The Planning and Development Board recommends, and staff concurs, that the item should be TABLED allowing submission of confirmation regarding vehicle stacking capacity, taking into consideration both the traffic movement and peak period characteristics of the subject use and the two other adjacent schools. (Planning and Development Board and staff recommend tabling) 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 Motion Commissioner Ross moved to table. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. First American Bank Office Complex, (MSPM 09-008), Major Site Plan Modification, located at 1301 N. Congress Avenue. Request approval of a major site plan modification and shared parking study to convert 15,000 square feet of an existing 40,000 square foot office building to medical uses. Applicant: TP Eleven LLC. Mr. Breese reported the applicant was converting 15,000 square feet of an office building to medical use. A reciprocal agreement between the office complex and Bru's Room Restaurant enabled the parties to share driveways and cross parking privileges. A shared parking analysis of the two sites revealed, during the peak demand for parking, there would be an excess of 21 parking spaces. The office complex would have peak demand during the weekday mornings and afternoon and the restaurant would have peak demand during evenings and weekends. Staff recommended approval of the shared parking analysis and the major site plan modification. Bru's Room had filed an agreement with the application for cross access and parking. Brian Chequis, Cotleur and Hearing, Inc., for the applicant, indicated the parties hap a long-standing agreement and the application was a formal process that was required. The applicant was in full agreement with all three Conditions of Approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjUstments in the current Police and Fire/EMS S~rvices contracts and 2) Water/Sewer charges. Lori LaVerriere, Assistant City Manager, reviewed the current agreements between the City and the Town of Briny Breezes. Mayor Bennett, on behalf of Briny Breezes, had requested relief in the contract adjustments for the police and fire contracts, as well as the rate structure for water. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 Mayor Roger Bennett, of Briny Breezes, indicated the primary concern was water and sewer rates. Briny Breezes was technically an extension of Boynton Beach, using fire and police services, plus water and sewer. The Town was satisfied with all the services provided. The new water rates for outside the City would be increasing by 51 % for Briny Breezes. The Town of Ocean Ridge is charged the inside rate. The population of Briny Breezes is only 100 to 150 residents during the summer and 1,100 during the winter months. The water bill is anticipated to quadruple this winter season based on the new rates. Mayor Bennett asked for equal charges for equal services. Mr. Bressner explained the arrangement with Ocean Ridge dated back to the 1920s and a settlement between the Town of Ocean Ridge and the Town of Boynton. The terms were the Town of Ocean Ridge helped to pay some debt for the Town of Boynton and the agreement established the inside rate for the Town of Ocean Ridge. A financial consideration was given. It was not based on the fact they were at one time part of Boynton Beach. There are approximately 42,000 residents paying the outside rate. By statute, municipalities can charge up to a 25% surcharge for providing services outside the City limits. The financial impact of a change was not able to be determined at this time. Commissioner Rodriguez noted the recent increase for all citizens was necessary to maintain the infrastructure. Mr. Bressner requested time to establish the approximate financial impact and analyze the precedent that would be set and the subsequent decrease in the revenue stream. Peter Mazzella, Deputy Director of Utilities, described the master meter arrangement and the fact that all the plumbing and hydrants are maintained by Briny Breezes. Ocean Ridge has a different arrangement with water mains and rights-of way owned by the Town of Ocean Ridge, but the water meters are property of Boynton Beach and maintained by Boynton. No comparison of the two systems and structure can be made. Mayor Bennett explained Briny Breezes has three master meters with the town divided into two sections and one meter for the clubhouse on the Ocean. The costs are assessed on a per share fee for water and sewer. Mr. Bressner added by using a master meter and dividing the consumption equally among all units, none of the consumers are billed at the higher consumption surcharge rate. Commissioner Weiland suggested some leniency may be appropriate because Briny Breezes totally maintains the infrastructure and not require any service. Mr. Bressner added a condo building in the unincorporated area would have the same situation. Mr. Mazzella interjected there are several trailer parks in the unincorporated area that would be similar situations. Vice Mayor Hay wanted to know the financial impact before a decision was made. Commissioner Rodriguez summarized the City of Boynton Beach would like to assist, but it could not be done at the expense of citizens of Boynton Beach. Mayor Taylor 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 noted the water rates had to be raised to cover the debt service and the residents are complaining. Motion Vice Mayor Hay moved to table the matter until the City Manager can provide the financial information. Commissioner Ross seconded the motion. The motion passed unanimously. Mr. Bressner suggested the November 17th meeting would be appropriate. B. PROPOSED RESOLUTION NO. R09-162 -- Approve the intent of the City to reimburse expenditures incurred prior to the issuance of bonds or another form of financing for the City's Water & Sewer Utility System. Authorize a short-term inter-fund loan in the maximum amount of $15,000,000 with interest at the annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair & Replacement Fund. Mr. Bressner explained borrowing money at this time was not appropriate and an inter- fund loan within the Utilities Department could be reallocated and the amount could be included in a subsequent bond issue when the market improved. The transfer would maintain progress on mission critical capital improvements, being the interconnect between the East and West Water Plants. It is a competitive bid cycle at the current time with lower construction prices. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approval of a settlement agreement between the City of Boynton Beach and Sessoms Construction Company, Inc for the Boynton Beach Library construction project. Attorney Cherof explained it was a long-term dispute involving the Library. A very good settlement had been reached and he recommended approval. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion passed unanimously. 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 D. Authorize amendment to Resolution R05-190 allowing extension of agreement with Boynton Beach Mall (Boynton JCP Associations, L TO) until May 31,2012 and extension of two years from the current expiration ofMay31,2010. Mr. Bressner reviewed the history of the previous agreement with the Mall when there was City Hall in the Mall. The contract involving special events would expire May 31, 2010. There is an agreement with the Mall and City staff to extend the special events contract until May 31,2012. Motion Commissioner Ross moved to authorize the amendment to Resolution R05-190. Vice Mayor Hay seconded the motion. The motion passed unanimously. Another issue was the Green Market. Staff was proposing a text amendment to allow for such events in larger areas. If approved, the Mall would not have to utilize the special permits as agreed upon. The Green Market was viewed as a seasonal event from October 31 to December 31 being one special event permit and the 2010 season being January 1, 2010 to March 31, 2010 as another permit. The Mall requests using only one special event permit for the Green Market. There was consensus that the Green Market should be considered one special event for the entire time period through March 2010. 10. FUTURE AGENDA ITEMS A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to November 3, 2009) B. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1,2009) C. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1,2009) 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE NO. 09-043 -- 1ST READING -- Adopt Ordinance authorizing the use of Development Agreements. Attorney Cherof read Proposed Ordinance No. 09-043 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:23 p.m. (Continued on the next page) 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 CITY OF BOYNTON BEACH - ~h Ronald Weiland, Commissioner ATTEST: /. - ...-- 'tn. p~ ~Z -- Marlene Ross, Commissioner ,'1, c-,,'~/~ i'le. ; .', . /" I;'? ~- irC-_,--l Z,- ' ' (jith A. Pyle, CM ,.' eputy City Clerk' " 18 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Dovelopment P&Z Building Engineering Occ. license PROJECT NAME: First American Bank Office Complex Deputy City Clerk -------- --- +- APPLICANT'S AGENT: Brian Cheguis - Cotleur & Hearing Inc. APPLICANT'S ADDRESS: 1934 Commerce Lane Suite 1, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2009 TYPE OF RELIEF SOUGHT: Request to convert 15,000 square feet of an existing 40,000 square foot office building to medical uses. LOCATION OF PROPERTY: 1301 N Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic~ ,/ HAS - HAS NOT established by substantiai competent evidence a basis for the relief requested. 3. 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". 4. The AP~t'S application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~7J O. . , ~ DATED: IC,- ~:9. _0'et ~ L.r . J, t/~D(f?' .....' :~'" ", ~J City Clerk .?11 \ ((~ ,.~ -" 'i~ . " ;r 'f, . . ~ . t" "~, <- ~~,- "":" S:\Planmng\SHARED\WP\PROJECTS\1st Amencan Bank 1301 N Congress Ave\DO.doc -'I, ,r~ EXHIBIT "E" Conditions of Approval Project name: First American Bank Office Complex File number: MSPM 09-008 Reference: I" review nlans identified with an AUlmst 19, 2009 Plannmg & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. A Traffic Concurrency approval letter from Palm Beach County Traffic X Engineering will be required prior to issuance of any permits for the interior build-out. 2. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program. Should the permit value exceed the threshold of $250,000, the applicant shall be subject to said regulations. 3. Since only 15,000 square feet of the building would be approved for medical X office use, the property ownerlleasing agent will be required to monitor the tenants and their respective parking requirements, using a spreadsheet. Each tenant lease would require a copy of the spreadsheet and that document would be submitted with each tenant's anplication for an occunational Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I license. This spreadsheet would be maintained and continuously updated by the property owner/leasing agent. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. '-11,(..vy, c S:\Planmng\SHARED\WP\PROJECTS\lst Amencan Bank 1301 N. Congress Ave\COA.doc EXHIBIT "A" - SITE LOCATION MAP FIRST AMERICAN BANK ~- : , \,,; .' "i;1~~(:~Ji~;f~~:;'~:;;)!1!~iJi , . .. .... . AN",'~i\ir,.II~,;j"""~'''I~I,..i~" ,':, ' "', 1~~,A~~~:, .:., 'H~: ,',~l:\;,\!:~~i,~::~::j;;~.:~I"~ll;.<:i~r:i:::' Eij c ',,_ ,""" ,".',., ,I, -, ." .~,lJ;'~ 'Ij~' ,~, .', ~"<1111_ 1""'\' h"I'~"J, , 1Q1(l)'MM(JIlISi!:;'~'~:':')'iliii:I'. 'i:.".:!',' ,:. , J, "!nl"(,,,~i'-},f:~+']"""(""'i;':lh"J_'" I . . , :. . ". "::I,),:::'~;:~~~;i~~{~~~~~i,: , ' S M U Ll"..'~' ',t, ",:,,'I,~';'I;.u. --'c']~r.~,lilj'lk:\~"ht : 'i' ':-- ", -, '::' :' /!:':;:;i~~~::i,j:k:;:\:l~::i;:;!~~;~f:ftl.\';~;i;~W::' , , """-'I.,.r"")I""W""""~1rp".'~1.lid' , " "1: ,',: :t:?:'\'t:\:~::~~,:~~;~~t[[:,i\~)~::it~~t1~[!;~ "1 """"j"' 'l"~l'~:~, '""I" ., ,-' .":,,,,:"iI'II{'~': "I~ HI!' 111'" 'WJ\-'h \ .,,.. ":';<"""]":""'1.,)"')' ~"'I n~~ ,j'mr " ''''i'W):{ ~~ \ "/l.l! ""{:,' I 'I' ,y.~ (, , ' ". 11 ,1 , "\~'" ,"'( ",. tlll:I,"I~J~I~'j'~,~, f;!,,! ~~..11t ',"::!j:':< ,;;~l'tt~M~:,!1~ :,. .! N 230 115 0 230 460 690 920# , l.)f:e E S EXHIBIT B i '''' Ilfm-rrlTIrrff.lmTfuJ~I -- - ---1--- -- ~ -!- Tf'-II --,-- ::JI ' , I' ~F'llilllll'l ~lllmrrl 0' I H ~ :l, !I ,_ I < ,- -- I. I "- , ~ ' I. -, - . Z 1,--_ " ,~ ~ ". -,' I I _ !~: 1< -I !~ - -! , ~ ~ ~ Ilf -j ~ ~'~- _-I , " \ 'r- - -- 1 - , 0 ~ .~ ~I I:: := --- i z ~ ' 1- - -, Q ~-E I-I 'ijJIU' ~"r :- =i g · i ~_~:-' ; 1;-llf_ITTl~U !LIIIIIIT ITn 111"d -- i , I ---. , I t !!lJ~Ll L~~ll ~;L ~ ! Jll! i-n__ LL W/l.lJ;l"i-, ~lJ~r.l!~) j -. - NORTl-lCO~RESS"'VENUE Ii wn f ~r~~ ~ ~rH : ~p rn H Ii ~ ! , ~ '~d I i i rI j rq h l i ~ r ! il i ~ iH '1 h ~ I 5 [." ~ I . fi ~ ~ ~ ~~ , - .I' - - G"I ~ i 8 H- J m S' 'm . . _ s ~ Ii . . . i , , . 8 i' ~ ~ ~JB ~ & . ~ ~e ~ ~~ f;t >0 " .~~ ~o "- - -~ ~ hi B~~~ . - ~ <D 8l~oold " ~ . > )> "'oS:; ,. OiI'Sj . ~ ~ , ~ ~ wn ~ >>;c.Jn g ~ ' . - , ~'" ~rn "~ '" !!~oo8!. · i ~ . ~ "@g . ~~) ~ ..."'''' j' . 'I"> or '" - - 90'-; 0 ! i, wi 1 ~, ~ ~ . -' "! ~ :p:i ;,_ ~~ ~ il~ I ~I !l!. @ q: ~. ~ . ~ . ~~ Hj[ Eli ~ > , ~~ .oil A ~i ; ~ I ~ i uf K~, m~ I'll mi! 2 . ~ & ~ ~ ~ IE. . ~l~ ~lB ~ '81 .! ~ ~ ~ ~ ll,~ ~ f , H~ '" I ~' ~ 'I ~" Ii'... ",g: ~. ~ ~ ~-;- 9 ZM I ~ :::r- ~ 8 8 ~ . 00 00 , . . ~: ~ J''f'' ' jI'!11 ! 30! N. Congress A venue il!ilil!l:r:n 0 f!il' II lilii~ .' 1 i Il '}if!! ~g Iii;~ ~ jl .1 ~~~lli a.k.a. First American Plaza l'illl::l.C1> - . i :lC II! - i: Boynton Beach , Florida ~~ C1Q~ .1, ~. ; " EXHIBIT C II eatleur & Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane' Suite 1 . Jupiter, Fionaa . 33458 . Ph 561.747.6336 . Fax 561.747.1377 . www.cotleurheanng.com . Lic#LC-COOO239 Tuesday,August18,2009 1301 N. Congress Avenue (First American Bank Office Complex) Site Plan Amendment Approval Request - Shared Parking Approval CH project #09-0524 JUSTIFICATION STATEMENT Cotleur & Hearing, Inc., on behalf of TP Eleven LLC, (the 'Owner') of the office building located at 1301 N. Congress Avenue, (a.k.a. First American Bank Office Complex) is pleased to submit a Site Plan Amendment application for review and approval by the City of Boynton Beach City Council. Approval of the request would allow for the introduction of up to 15,000 square feet of Medical Office use within the existing office building. The owners of both 1301 N. Congress Avenue (a.k.a. First American Bank Office Complex) and the neighboring 1333 N. Congress Avenue (a.k.a. Bru's Room) currently agree to share an entrance and access to parking between the joined properties by way of a reciprocal easement agreement in effect as of September 22"d 1988. This Site Plan Amendment request requires !!Q exterior building modifications or site improvements/modifications including additional parking s paces or modifications to existing greenspace or vehicular circulation area. This request is being made as the City of Boynton Beach does not acknowledge third party shared parking agreements and this is the only recognized method to approve said parking arrangement as permitted and outlined in the City's zoning code, specifically Ch. 2. Sec. 11.H.13. The sharing of parking for Medical Office, Professional Office and Restaurant uses is extremely efficient based on the peak patronage periods for the various uses. Both office uses have a constant patronage period spread evenly throughout the day tor each week day. By, the end of each weekday, patronage begins to drop off dramatically through the dinner hours (beginning at 4 pm and ending at 6 pm). T~er:estaurant use is not- open .in the momings through the week and begins to have patronage from lunch through to the end of the day. At the dinner hour the restaurant use has the highest amount of patronage and into the evening hours. There is no parking demand for the office use through the weekdays after 5 pm. Further, there is no parking conflict between the various uses on the weekend as only the restaurant is open and requires parking for patrons. Table one within the Shared. Parking Exhibit (attached herein) indicates the amount of parking that is available on-site (268 parking spaces). It indicates that with Professional Office parked at 1 space per 300 square feet; Medical Office parked at 1 space per 200 square feet and Restaurant parked at 1 space per every 2.5 seats, that the following ratio of uses would require up to 290 parking spaces as outlined in zoning code Chapter 2, Section 11 H, 1: .Professional Office 25,000 s.f. 83 parking spaces .MedicalOffice 15,000 s.f. 75 parking spaces .Restaurant 329 seats 132 parkin9 spaces 290 total parking spaces req'd 1 F:\Project Documents\09-0524 1301 N. Congress Ave\Applications and Submittals\JustificationStaternent9-09-2009.doc EXHIBIT C 1301 N. Congress Avenue Site Plan Amendment - Shared Parking 9/912009 Table 2 of the Shared Parking Exhibit which reflects a more realistic utilization ot the parking area given the specific mix of uses at this location indicates that at no time is there a conflict in the availability of parking for all of the existing and proposed uses at their peak hours of operation, throughout the day or on weekends. The highest parking demand between the two properties would be 247 parking spaces during the week between 9 am and 4 pm. It should be noted that the above figure includes the City's standard 10% parking buffer for additional assurance that no conflicts shall arise as a result of the shared parking arrangement. The existing agreement between the two property owners (see attached document) indicates that perpetual nonexclusive easement rights have been granted in tavor of both parties on each respective property (Section 5 and 6). Further, the agreement clearly indicates that as long as the parking meets "zoning, platting and subdivision ordinances of any govemmental authorities having jurisdiction over the property" that the agreement remains valid (Section 8). The previous analysis outlines that all required parking for all proposed uses would meet the standards of (Ch. 2 Section 11.H.1.d) of the Boynton Beach Land Development Regulations. The Applicant is anxious to finalize the formal approval of this request as tenant agreements are tied to a December delivery date tor the Medical Use. Should Staff have any questions or should additional information be required please do not hesitate to contact Brian Cheguis at Cotleur & Hearing, direct: (561) 718-4512. ~ ~ (r> rg r VI i2 If!) J....;;.~:;:J..=l1' \,;,- SEP - 1 2009 ~NING AND AFFECTED PROPERTY OWNER CERTIFICATION AND CONSENT AFF NG DEPT. The undersigned hereby acknowledges that TP Eleven, LLC (owners of 1301 N. Congress Avenue - a.k.a. First American Bank Office Complex) are submitting to the City of Boynton Beach Planning and Zoning Division a petition for Site Plan Review Tor Major Modifications to Existing Site Plan for the approval of a Shared Parking Analysis for their site and to include the adjacent property located at 1333 N. Congress Avenue (a.k.a. Bru's Room Sports Grill). The undersigned is the owner of the affected property located at 1333 N. Congress Avenue (a.k.a. Bru's Room Sports Grill). The undersigned has reviewed the above referenced application material and plans associated with the request for approval of a Shared Parking Analysis and consents to the filing of said application by Brian Cheguis of Cotleur & Hearing, Inc.. The undersigned hereby acknowledges the continued existence of the reciprocal easement agreement executed on September 22, 1988 (as recorded in Offical Record Book 5821 Page 1318) and mutual covenants contained within said agreement binding the properties. (Attached herein) The undersigned does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this Site Plan Review for Major Modifications to Existing Site Plan application for review and approval by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach and will become part of the permanent public records of the Planning and Zoning Division. FURTHER AFFIANT SAYETH NOT. ~ The foregoing instrument was acknowledged before me this ').1../ day of August, 2009, by Bob Brudzinski who is personallv known to me or. who has producer;~ (type otldentification) as identifi on a _ ~\aid n~t) " take an oath. .-, ~ '---1'\ '-(lfl.li ~ ,l ' I ignature-of Person Taking Acknowledgement) I .:;;;;[) , f ' - QfV"k (nJ I I -1-<-1,' \.) Robert Brudzinski (Name of Acknowledger Typed, Printed or Stamped) Applicant's Name (Print) (for Brus Wings Inc.) 5460 W. Hillsboro Blvd (Title or Rank) Street Address Coconut Creek. Florida33073 (Serial Number, if any) City, State, Zip Code .....-..ntUI.I ( 561 ) 968-1050 ........ -"...... (Notary' ..' . -) J ... Telephone . ,.- EXHIBIT "D" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE O...lopm.nt CITY OF BOYNTON BEACH, FLORIDA P&Z Building Engln..rlng Occ. Llc.n.. PROJECT NAME: Baywalk Doputy City Clerk APPLICANT'S AGENT: Alberto Herrera, P.E., Development Consulting Group, Inc. AGENT'S ADDRESS: 12855 SW 132 SI. Suite 206 Miami, FL 33186 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20,2009 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension LOCATION OF PROPERTY: 3103 South Federal Highway (west side of Federal Highway, approximately 1/8 mile south of Old Dixie Highway). DRAWING(S): SEE EXHIBIT "c" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant :/HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby d GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other / L'- ..:;Z").- (/1 .~ J . DATED: " t ,!ULL-lGk ...~-" ' .~ City Clerk S:\planningISHAREDlWPIPROJECTSISouthem Homes of Palm BeachIBaywalk (tka Oceanside)\SPTE 09-007\DO.doc EXHIBIT "D" Conditions of Approval Project name: Baywalk File number: SPTE 09-007 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The applicant shall pay the utility reservation fee in order to ensure capacity X will be available when project commencement is anticipated. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X Conditions of Approval Baywalk SPTE 09-007 Page 2 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 2. If this request for site plan time extension is approved, all outstanding X conditions of approval from the original development order (NWSP 08-001) must still be satisfactorily addressed during the building permit process. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. The applicant shall plant trees along the Federal Highway frontage in areas X where they will not be disturbed during the construction phase and will remain as part of the permanent site landscaping. S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Bavwalk (tka Oceanside)\SPTE 09-007\COA.doc NOT IN CITY N 250 125 0 250 500 750 1,000 .- ~- 'Feet W E S EXHIBIT "e" (t~ 1~ll Z 0 :5 ; 0. , ~ " . ffi D if ~ t' : l- i'S 1:11 !' - ~ ~~ jl"' , \ " " <' : ~~ ~N" ~ ;::~ I II => < > "r,:it "' ~i 'II . Z , ,. ~'" ,; :5 : \ 0. i I ~:;; Ul!l: , ~ - I ~'<L ~ 0 6 : ~ t 1 f .. " Ii i 1I , I" , , " i ~~ f I : \ 1 I' . , I ' , ' ! ! " i ~ I 1 " ~.o I I i .. I , ' I i Ii ~, ! II" I fi ! = 1I I" k , I .. , ! !.. ! '," " tl hS-! ~ ~" 'll"a;' ~ . i " .~~, g" ~"' -,,"-! II '4'1 -j' ".,\ ~ '. "I ~ 5. It. ". f":', '11!1~ ~. , i';, \ i '1 . " I.., i' , . .!., I I, ! ! ill: . i ~ < i I. ,llil:: I .' ' , .. II' Iii' I ~ ~ ;1"H oi; ~ .1'1. i . :! ~!I ii'; I ,- , I; .El \1 " Iii "'" I ~ I ~ " ". ,I;," . " Ii II. 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I' ", I"",' . ih!hi!iliihU!H !E "iUIIL! : I!:; lim:l! ,I ::II,j!l!l;mll!ii i; 1111:!I11 ! ~ j:!i ';='1,\ :\ g~.tfhdi~J~:i!:lcl: ig l!ti~ij!li l' ~ l!~i il'~!'!; ~ ~ ~ ~ c~>-~ ..~f I 8 It t& .. ~ ~ t ~~ ./iu "I il;ihHllhi!!,!Ji!,1 Jl!!!iI!, i,:' 1'! \,H. I "' ..". . .. I !I , :1 , t f.: ~ - --_._--~._..._._'--'--"----'- -- - -- - -----.-.-------- EXHIBIT "C-1" "' I , I 8 8 -- ----< J_ 10 J' r '" ' _ m I ~ > 21 I -i (.f> _ --1 ~ - _ 0 o m m rn m r r rn m < < ~ ~ ~ ~ 0 ~ z ~ ~ ~ z 0 !~ !~ :;::t ~ E ~ "- ~ fJ I ". . 1 4-, ~l 'l;e II ~ of \~\ II " li $ ~ Ii) ~ c ml ' 0 0000 I DODO e c DDIOD 00100, DDIOD DODD o ~ iO c Illim~ ' 0 ! l~' 10000 mil DODD i:d 01000 i fC ~ 010010 il! [ 00010 III : DODO @ !! o I G ~ : ~ c 100 ' @I ~ m , ~ ~ 1:~~Dj III rn :6=D p:' 00010 ' ;;;: C rn DODD ': ~ i ~ DODD (iJ[ - " (5 01000 !it z 00100 I m I EO DODD ~p. I sm 0 : !-" ~ ,~- \ ~'- ~'-!'~ ~-l d- .j ~,'l if,!) 'I . f!i ,,( !I ~'! I~~ I , : ! ~ BUILDING 1 . UNITS A.C.D2 '-e. ~~ 'rm1l: : ; : n' : I BAYWALK 11- I "Hi "~, , II ):.. ; ~ ~ ~ ;:~ ' FO~ ~~~or : _;~;: :. i I ~\ C ; t ! ~ ;~ SOIJTHHN HOMES =.:.--- ~~;~.~ D:_"~I EXHIBII "C-[' - --- ~, II ~ ! f "~ J ll!,~ CJ,/' CJ ~ ~L .~ m m I ~ p::! ': ~ ~ ' m 1,._ m <' < ~ !::i I ~ it '!:j \ - :':'[ r. - ~ ~ (J; IfIEm5Il Z I 2 lLQ;!;gJ ! 'i6 . ~ ~~ I ~ I . ""K'"A"'::",.,. ~ I I ~ '- r;.,;.:.....~""r..;......b;,~ '- t--- ---. ,--- ...-.1.-.L:..:.-.L'......-I,.,(,....~ I, i I~ ~ (t; ~.. II ,':.e, t~' .. ~ " ffi 11 l,l"' ~ ". ~ . . ~ I .~ ~ ~lif DODD i m '!I!ll 000[0 "lljl,! C DODD II !',I DODO . 't.! DODO, " ill 01000' , I' .~, '. i aii DO i -\ '~ 2 : ~ I ~ r I) 'C) , Y" ,'OJ ..11 "''''..@ IU .;;B ': @ <.:)L! ~'<'~I!I!r" ~ OIODD Irnl ~ :'iJ~~) I BIE! :. !!IIII;,!!l ;;0 0 IlW ~ 'db ffiB '1'1 'Ill! mOOD m =D '1/ i li_ r;:; DODD M;' 'ii! o! i ~ DODD m ~ I II ~ I I ' C5 DODD! is 'i :! f! iJi DODD tiiBl", 1!!dll~ ~ I ' ' , .i, 'I " m' F' . . !"'@..P"i.{11 (f> <:l ~ (Jl. : e 0) , ~ :::! ~ ::::;: I I ~ t I~ ~€'0 ~l ~ei ri \I \;. d \'i ""! II I~j. ~~ ~ ~ ir ~r"~! <i8 ~ '!~ .. ,I, I~' ~ BUILDING 3 . UNITS A.D [Ij, , LQo , , , O' , D' BAYWALK - "'" Cl~ - ....... : - ~ t :;~ ~ ~ ~ omuNooooe.or . :!:: ,r ^, ..- ~ ~ : -: _ .; ; FOR """'WDlV,I1C :: .-,0:; ... ~_~_l ~ ~ ~ : ~ ; ~: ~ ~ SOUTHERN HOMES =~._- ~~:i, 0, I ....l, .. . ~. _Il(>lCMDwo :-'.' i:: " - .: !. 60VTOl< U^CI<, HO~ID" ]]43; .HOI<I:_.,...".., ~;,' _I ~ I ...: ""':l>/l>)""-' :."' '-'