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Minutes 02-05-02 f4ZNUTES OF THE REGULAR cTrY COI~tF4TSSZON HE"' I hAIG HELD IN COPlt41'SSION CHAt4BERSf CTrY HALL~ BOYNTON BEACHf FLORZDA~ ON TUESDAY, February 5, 2002 AT 6:30 p. Ivl. PRESENT: Gerald Broening, Mayor Ronaid Weiland, Vice Mayor Mike Ferguson, Commissioner Chadie Fisher, Commissioner Hack McCray, Commissioner Kurt Bressner, City Manager ]ames Cherof, City Attorney Mike Orullo, Assistant City Attorney Janet Prainito, City Clerk OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Fisher Mayor Broening called the meeting to order at 6:35 p.m. Rev. Riccardi offered the invocation and Commissioner Fisher led the Pledge of Allegiance to the Flag. D. TF YOU WISH TO ADDRESS THE COPlPlZSSION: · FILL OUTTHE APPROPRZATE RE(~UEST FORPl · GZVE TI' TO THE CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · CO[4E TO THE PODIUt4 WHEN THE I~IAYOR CALLS YOUR NAF4E INDZVZDUALS I~IAY SPEAK FOR THREE UNINTERRUPTED I~tINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Hotion Commissioner Fisher moved to approve the agenda. that carried unanimously. Vice Mayor Weiland seconded the motion Meeting Minutes Regular City Corn mission Boynton Beach, Florida February 5r 2002 TZ. PUBLZC AUDZENCE: ZNDTVTDUAL SPEAKERS WTLL BE LZMZTED TO 3-MI'NUTE PRESENTATJ[ONS Steve Waldman, 41 Sausalito Drive~ stated that he'is currently the Vice Chairman of the Advisory Board on Children & Youth. Two years ago, the Board established an award in the name of Bob Borow because of his contributions to the City. Mr. Borow has since passed away. The award is presented to a graduating senior who has made great contributions to their community, school, church or social services organizations. The student must reside within the City of Boynton Beach.' Anyone who would like to"corrtdbute to this fund should contact 5herd Claude, Assistant to the Recreation Director. Kimberly 3ones, 3104 Palm Drive, was concerned regarding Barcelona Potter,/, a business that is operating at 3025 Federal Highway without an occupational license. Code Compliance previously closed this business for three days because of the noise level. They are operating a manufacturing plant andthe property has a homestead exemption. Eleanor Rolandf 5530 N. Ocean Boulevard, Apt. 307, Ocean Ridge, had a concern. regarding the land immediately south of the Woolbright bridge, next to 3osie's. She asked why stakes had been placed there and was concerned that there might be a business going there where the property is so narrow. Mayor Bmening said that staff would get in touch with her regarding this since there was no one present at the meeting who could answer her question. Henrietta Solomon, 230 NE 26th Avenuef said that communication between the City Commission and the people is very important. She suggested that the Commission allow a dtizen to give their three-minute allotment of speaking time to another person who could present their views. The U.S. Congress uses this method. Also, Ms. Solomon was disturbed by an article she read in the paper that stated "Commissioners could pad their expense account by taking money from their $12,000...." She thought that Commissioners should build up some trust by the citizens. Mayor Broening suggested that citizens read the entire newspaper article. Edward Murphy, 3110 Palm Drive, stated that he had a similar ~oncern with that of Ns. Jones. There are cement crushing machines, forklifts, and backhoes at the property (3025 Federal Highway). They are operating a cement plant at a minimum of 7:00 a.m. to 7:00 p.m. The noise is intolerable and he hoped that the Commission could do something about it. The operation sometimes ocdurs on Sundays and into the night, Tt is not retail or commercial; it is a manufacturing plant, which the zoning does not allow. Mayor Broening thanked Mr. Murphy for alerting the Commission. Meeting Minutes Regular City Commission Bovnton Beach; ,Florida February 5. 2002 OTHER: City Attorney Cherof arrived at this time. A. Informational Items by Members of the City Commission Vice Mayor Weiland thought it would be a nice gesture to invite former commissioners to the annual banquet held the first week in .April. Currently, only former mayors are invited He asked how the Commission felt regarding this. He would be willing to use money from his discretionary funds if money is not available in the budget. There were concerns raised regarding the budget and the possibility of overlooking some people. A~cer some discussion, it was the consensus of the Commission that this would recognize people for their dedication t~o the City and all former commissioners would be invited. However, staff will not be held aCCountable if they cannot locate everyone not living in this area. Commissioner Fisher told Ns. Solomon that if there is an item concerning her neighborhood that she want~ to discuss and it would take more than three minutes, the item could be added to the agenda; Commissioner Fisher announced that the AmeriCan Heart Association will be offering CPR training at F.A.U. on April 13~ and he would assist with any transportation needs. He also noted that he was meeting with the Police and Fire Departments regarding Police and Fire memorials and he would welcome any ideas from the citizens. Commissioner Fisher stated that City staff is trying to bring about change in the workplace (for instance, accountability) in the same professional manner as large corporations. Commissioner McCray announced that there will be a GospeI-Rama on Sunday at 3:00 p.m. at the Civic Center. 1¥, ADMINISTRA'rZVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Bmening Children & Youth Advisory Bd Stu/Reg/NonVoting i yr term to ~/02 I Weiland Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/02 (Tabled-2) (Tabled-2) II McCray III Ferguson Bldg, Bd of Adj & Appeals Reg Bldg, ~ ofAdj & Appeals Alt 3 yr term to 4/04 (Tabled-2) ! yr term to 4/02 (Tabled-2) Mayor Broening Cemetery Board Alt 1 yr term to 4/02 Mayor Broening Code Compliance Board Alt 1 yr term to 4/02 (Tabled-2) 3 Meeting Minutes Regular City Commission Bovnton Beach, Florida February 5, 2002 I Weiland Community Relations Board Alt 1 yr term to 4/02 Mayor Broening Education Advisory Board Reg 2 yr term to 4/02 I Weiland Library Board Alt 1 yr term to 4/02 I Weiland Nuisance Abatement Board Alt 1 yr term to 4/02 ! Weiland Senior Advisory Board Reg 2 yr term to 4/03 CFabled-2) (-I'abled-3) (Tabled-3) (Tabled-3) (Tabled-2) Vice Mayor Weiland appointed David Goudsward as an alternate member of the Library Board and Dorothy Davis as an alternate member of the Community Relations Board. Commissioner McCray appointed Agnes Hollingshead as a regular member of the Building Board of Adjustment & Appeals. Mayor Broening appointed Harold Blanchette as an alternate member'of the Cemetery Board and Ed Hillery as an alternate member of the Code Compliance Board. All other appointments were tabled, Motion. Commissioner Ferguson moved to approve the appointments. the motion that carried unanimously. Commissioner McCray seconded ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: "Municipal Demo Week" of new voting equipment- February 4 through February 8, 2002 - City Clerk's Office, City Hall - 8:30 a.m. to 4:30 p.m. Mayor Broening announced that a voting machine demonstration will be available in the City Clerk's office from February 4m through February 8m, Staff has been trained by the Supervisor of Elections in the operation of this new touch screen machine. Commissioner McCray suggested HeritageFest and other local events. B. Presentations: that the new voting machines be made available at Proclamations: a. "Kindness Week" - February 10-17, 2002 Mayor Broening read the "Kindness Week" proclamation. 4 Meeting Minutes Regular City Commission Bovnton Beach, Florida February Sf 2002 VZ. PUBLZC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Woolbright Plaza H. P. Tompkins Veronica Motiram 1609 S. Congress Avenue Request Conditional Use/Site Plan al~proval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store with a drive-through facility combined with 4,800 square feet of commercial space and a separate four-story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4.945 acres. Project to be done in phases. (Po.~ponetnent reque, qted to February 26~ 2002 Planning DeveloPment Board moaHng) VZZ. 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: Regular City Commission Meeting of January 2, 2002 Agenda Preview Conference of ~lanuary 11, 2002 Regular City Commission Meeting of January 15, 2001 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 200:L-2002 Adopted Budget Approve payment, of invoices (Exhibit A) for annual software technical support and maintenance from H.T.E., l~nc. of Lake Mary, Florida, in the amount of $105,388.33 for the period of January 1, 2002 through December 31, 2002 from ~ Account #001-1510-513-46-91 (Software Maintenance) Award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRR~GA'r~ON SUPpI 1'ES," Bid #021-1412-02/KR, to various vendors on a lot-by-lot basis with an estimated annual expenditure of $30,000 Award "RE-BID ANNUAL CONTRACT FOR SECURZ-I'Y OFFICER SERWCES FOR THE EZELL HESTER COMMUN~I'Y CENTER, THE LIBRARY AND THE SCHOOLHOUSE MUSEUM," BID #023-2710-02/C3D, to V.G.I. Security, Inc., in the amount of $44,358 Commissioner Fisher requested that item B.3 be removed for discussion. 5 Meeting Minutes Regular City Commission Boynton Beach, Florida February 5, 2002 C. Resolutions: Proposed ,Resolution No. R02-017 Re: Approving the release of surety funds for Quantum Business Park, Ttasca Construction Associates, Inc., Excavation & Fill Permit 99-1267, in the amount of $8,600 Proposed Resolution No. R02-018 Re: Approving the release of a cash bond in the amount of $770 to Advanced Commercial Contractors, [nc. Proposed Resolution No. R02-019 Re: Authorizing the Mayor to execute the Palm Beach County Recreation Assistance Program Funding Agreement for the Chenaniah Praise Dancer's Trip to Washington, D. C. from 3une 22-24, 2001 Proposed Resolution No. 02-020 Re: Approving the security agreement for the 2002 G.A.L.A. event for the period of March 22-24, 2002 with Statewide Enterprises Custom Secudty Solutions to provide 180 hours of special event security for a total cost of $3,174 Proposed Resolution No. 02-02:1. Re: Authorizing the Mayor to sign an Agreement for Water Service Outside of the City Limits and Covenant for Annexation with 3oyce A. Kane, for a parcel of land located on the west sk]e of Military Trail at the intersection with Old Military Trail Proposed Resolution No. 02-022 Re: Authorizing the execution of a Sidewalk Construction Agreement with Foster Oil Corporation Proposed Resolution No. 02-023 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 17, 2002: Authorization to renew contract with New Look Lawn Services dated March 1, 2000 for the sum of $1~400 per month for the length of the contract in the north area and an additional sum of $1,000 per month length of the contract in the south area Contract will be in effect for final term. Authorization to enter into contract with Aarow Building & Haintenance, Inc. dated March 1, 2000 for the sum of $310 per month for janitorial services. Contract will be in effect for final term. Authorization to rescind funding portion of Board action of 3uly 19, 2001 to expend $156,500 from Repair & Replacement Fund to pay 6 Meeting Minutes Regular City Commission Bovnton Beach, Florida February 5r 2002 SCRWT&DB's share of design and permitting phase of the [~iosolids pelletization project Authorization to expend $9,000 from Repair & Replacement Funds to install permanent hurricane shutters on screening and chemical buildings Authorization to expend $14,000 from Repair & Replacement Funds to dear invasive growth from perimeter fence plus repair fence and install three strand barb wire where necessary Authorization to expend $7,500 from Repair & Replacement Fund tO install isolation circuits to P.C.'s in administration building Authorization to expend on an emergency basis $6,000 from Repair & Replacement Funds to purchase reclaimed flow meter replacement kits at each golf course Authorization to expend $10,000 from Repair & Replacement Funds on an emergency basis to replace operator interface board and wear ring on centrifuge "B" Authorization to expend $5,000 from Repair & Replacement Funds on an emergency basis to replace motors & bearings on both grit classifier pumps Authorization to expend $3,800 on an emergency basis from Repair & Replacement Funds to replace clutch on John Deere tractor Authorization to expend $2,653 on an emergency basis from Repair & Replacement Funds to replace plant influent meter transmitters Authorization to accept Hazen & Saw~er's preliminary design report task order Proposed Resolution No. 02-024 Re: 'Authorizing Mayor to sign an agreement between the City of Boynton Beach and Silverlake Property Owners Association for stormwater out-fall improvements Ratification of Planning & Development Board Action: Corina Collin Center, LLC (North side of Woolbright Road approximately 263 feet east of Congress Avenue) - Request for site plan approval to construct a two-story 9,143 square foot Medical/M.R.T. office building on 1.12 acres Meeting Minutes Regular City Commission Boynton Beach. Florida February 5, 2002 Golden Corral Restaurant - (West side of Winchester Park Boulevard, north of Boynton Beach Boulevard) - Request for site plan approval to construct a :L0,330 square foot restaurant (390 seatsI on 2.65 acres Villas @ Quantum Lake - (Quantum Lakes Drive) - Request major site plan modification for an additional 42 residential units to be located on a 2.9:l-acre addition to this approved 272-unit project Mayor Broening requested that item D.3 be removed for discussion. E. Ratification of CRA Action: None Authorize the Uti ities Department to turn over $147,344.24 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Authorize the Golf Director to negotiate a contract with the #i ranked Golf Course Architect, Charles Ankrom of Stuart, Florida, to provide architectural and consulting services to the Golf Course staff in remodeling and renovating the nine-hole Executive Course and practice facilities at The Links Motion Commissioner Ferguson moved to approve the consent agenda as amended. McCray seconded the motion that carded unanimously. Commissioner VJI.B.3. Award "RE-BID ANNUAL CONTRACT FOR SECU RTI-Y OFFICER SERVICES FOR THE EZELL HESTER COMMUNITY CENTER, THE LIBRARY AND THE SCHOOLHOUSE MUSEUM," BID #023-2710-02/C3D, to V.G.I. Security, Inc., in the amount of $44,358 Commissioner Fisher stated that City staff is very satisfied with V.G.I. Security's current staff. He questioned whether there is an opt-out clause if the security staff ~hanges and City staff is no longer satisfied. Bill Atkins, Deputy Director of Financial Services & Purchasing Agent, said that the armed guard at the library has been very effective. Staff recommended this company and they were the second lowest bidder. The City is approving the corn pany and not an individual employee, who is a representative of the company. This company has done an excellent job. Safeguard affiliated with V.G.[. and that is what caused the re-bid A representative from V.G.L met with the library staff and they are very impressed with the new administration of V.G.I. 8 Meeting Minutes Regular City Commission Boynton Beach. Florida February S, 2002 City Manager Bressner stated that we are buying the services of the company, not the individual. A contractor cannot guarantee that an employee will stay employed by the company. If this individual were to leave, we could request someone similar to him and ask to review the credentials of that individual. Commissioner Fisher asked about the cancellation clause. Mr. Atkins stated that if the current security individual was no longer employed there, the company would provide a replacement and the Cit'¢ would make a decision whether we were satisfied. If the City was not satisfied, there are provisions to opt out of that contract. There is wording that protects the City. Motion Commissioner Ferguson moved to approve Commissioner Fisher and carried unanimously. item VIT.B.3. Notion was seconded by V~.D.3. Villas @ Quantum Lake - (Quantum Lakes Drive) - Request major site plan modification for an additional 42 residential units to be located on a 2.91-acre addition to this a ;)proved 272-unit project City Manager Bressner stated that this 2.91-acre addition is a portion of the right-of-way being vacated. The Planning & Development Board recommended approval of the site plan. The Board did not agree with staffs recommendation on the issue relative to park and recreation dedications. The City and the developer are working towards a proposal that will resolve that issue. He recommended that the Commission approve the site plan subject to the developer and staff returning to the Commission in 30 to 45 days with a reconciliation of the park and recreation issue. Rick Rossi, 625 Whispering Pines Road, does not understand why this project is not paying recreation fees. The City should be getting $40,000 to $50,000 for these 42 units. The City lost $240,000 in recreation fees on the previous units. Hr. Rossi felt that Quantum should not be treated any differently than any other residential development. Any facilities that are currently at Quantum, such as open spaces, came as a result of DRT. They should not be applied now as recreation credits. Mr. Rossi felt that the issue of recreation fees should be worked out in public and not by the City Manager. Mayor Broening noted that the Planning & Development Board, which consists of citizens of the City, did approve this. The suggestion of the City Manager is to approve the site plan but to postpone determining what the recreation fees should be. He could see no reason to hold this project back because of this issue. Tt will be resolved to the benefit of the citizens. Motion Commissioner Ferguson moved to approve item V~.D.3, subject to reconciliation of the recreation fees, Vice Mayor Weiland seconded the motion that carried unanimously. 9 Meeting Minutes Regular City Commission Bovnton Beach, Florida February 5. 2002 VIII. CZTY MANAGER'S REPORT: FUTURE AGENDA Itl'EMS: A. Update on Utilities Reserve Funds (February 19, 2002) Proposed Resolution regarding approving a contract with the Institute of Cultural Affairs (ICA) for the pr0wsion of consulUng services known as the Heart of Boynton Neighborhood Academy (February 19, 2002) Discussion regarding preparation of a resolution to amend guidelines for distribution of Communit'¢ Investment Funds (February 19, 2002) D. Discuss preparation of a resolution to transfer funds to increase City Commissioners' expense accounts (February 19, 2002) Proposed Resolution regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk (March 5, 2002)(7'ab/ed at ]a#uaz~ l~ 2002 m~g) Review of Proposed Amendment to Development Agreement - Marina Project (March 5, 2002) G. Discuss long range plan for the Woman's Club (March 19, 2002) H. Discussior of proposed Charter Amendment regarding salaries of City Commission (March 19, 2002) I. Discussion of water and wastewater rate options (March 19, 2002) -FRA Whistle San - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2~ Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (May 7, 2002) City Manager Bressner asked whether items ~X.D and ~X.H should be combined. Commissioner Fisher stated that he wanted the charter amendment issue to be discussed after the discussion regarding Commissioners' expense accounts. Therefore, it was the consensus not to change the Future Agenda Items. X. DEVELOPMENT PLANS: None 10 Meeting Minutes Regular City Commission Bovnton Beach. Florida February 5, 2002 X~. NEW BUS~NESS: Review of Code Compliance Board Order regarding Riverwalk Plaza ,loint Venture Lien Reduction City Manager Bressner stated that the Code Compliance Board reviewed a matter involving code compliance issues at the shopping center on the southeast corner of Woolbright Road and Federal Highway. The Code Corn pliance Board, on a split vote, reduced the lien from $152,500 to a proposed cost of $6,500. The issues were related to a barrier fence on the south property line, landscaping deficiencies, and ~umpster location/enclosure. Under the City's rules and regulations, the Code Compliance Board has the authority to decide issues; however, any member of the Commission may request that an item be placed on a future Commission agenda after the Board's Order. One commissioner requested that this item come before the City Commission. Vice Mayor Weiland said that the main thing that the City is looking for is corn pliance. They were originally cited at $250 a day. It should have been at $25 a day as there were ,no life or safety issues involved. The dollar amount escalated quickly. The City had a shopping center that was going down hill. The developer came in and turned this project around and today it is flourishing and providing a lot of tax money to the City. The City should not make it difficult for a business that is trying to provide a oositive product in the City of Boynton Beach. Motion Vice Mayor Weiland moved to eliminate all liens except for the administrative costs ($730,15). Commissioner Ferguson seconded the motion. Commissioner Fisher was concerned regarding people only complying when they were ready to sell their property. He gave an exam pie about people who are cited for trash. They know that when they are ready to.sell their home, they can clean up the trash and ask for a reduction. However in the meantime, the people living on both sides of them must live with this trash. The City must deride that we must become enforcement, not corn pliance, if we want to clean up some areas like Federal Highway. Otherwise, it will never get cleaned up. Mayor Broening believes that the existing ordinance is good. We should rely on human judgment when these cases come before us. The current process a!]ows the Commission to look at all code cases and if they deride that they would like to look at one of the cases, it is pulled. Vice Mayor Weiland wisely pulled this one. This is a good example of using judgment in determining whether compliance has been accomplished. There are many cases in the City where there is no compliance and they continue to accrue liens. It would be difficult for them to come before the Commission. Those who do nbt comply must pay the lien. He likes the compliance part of the process. Commissioner McCray said that the Commission is not giving $152,500 away. He is in favor of the $730.t5 in administrative costs. Commissioner Fisher requested that staff compile a list of how manY people in the past year paid over $30,000. 11 Meeting Minutes Regular City Commission Bovnton Beach, Florida February 5, 2002 Vote The motion was carried unanimously. X~. LEGAL: A. Ordinances - 2n° Reading - PUBLIC HEARING Proposed Ordinance No. 02-001 Re: Amending Chapter 16, "Parks and Recreation," Article II, "City Parks and Beaches" by amending Section 16-22 to provide for administrative authority to designate and post specific areas in City parks as "Quiet Zones" City Attorney read Proposed Ordinance No. 02-001 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-001. Motion was. seconded by Commissioner Fisher. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No, 02-002 Re: Amending the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 du/ac) to Local Retail Commercial (Krispy Kreme) Proposed Ordinance No. 02-003 Re: Rezoning from Duplex Residential (R-2) to Neighborhood Commercial (C-2) (Kdspy Kreme) City Attorney Cherof 'stated that proposed ordinances 02-002 and 02-003 represent the City's final review of the Krispy Kreme project. The matter was previously before the Planning & Development Board and the City Commission and there are records of those proceedings, The parties in the proceedings wish to continue with the quasi-judicial aspect. City Attorney Cherof swore in everyone who wished to testify tonight. He requested that the court reporters that were present leave their cards with the clerk. Dick Hudson, Senior Planner with the Planning & Zoning Division, gave ~ brief summary of the request. He stated that the subject property is between NW 1~ Avenue and Boynton Beach Boulevard. The request is to amend the Comprehensive Plan Future Land Use Map designation from Medium Density Residential to Local ~,etail Commercial. The rezoning is to rezone from Duplex Residential to Neighborhood Commercial. The Planning and Development Board recommended denial by a vote of 4 to 3 on December 26, 200~.. The City Commission approved this project on .lanuary 2, 2002 by a 4 to ! vote. The first reading of the ordinance was on January 15, 2002. Attorney Michael Weiner~ representing the applicant, stated that this is the fourth public meeUng on this project. There have been over six hours of testimony and three public heatings have taken place. He will present a summary tonight. Within 500 feet of this property, there 12 MeeUng Minutes Regular City Commission Boynton Beach. Florida February 5~ 2002 are several zoning designations - industrial, residential, commercial and public use. There are two properties that are being rezoned. One is currently zoned R-2 and the other one has a~split zoning of R-2 and commercial. Bruce Chatterton, expert, said that this proposal is consistent with the City's Comprehensive Plan. It will improve the zoning pattern. R-2 is transition zoning and is a bit outmoded. C-2 zoning is designed to be compatible with residential property. R-2 zoning does not usually provide an edge. In his professional opinion, this proposal is consistent with the Land Use Plan, is compatible with surrounding uses, will improve the zoning pattern and will tend to enhance land values. Scott Barber, Gee & .lenson, produced the site plan and the landscape plan for the project. He said that they will have larger trees and more variety along the back wall and additional trees adjacent to the residential area. They have produced a structure compatible with the surrounding uses. There will be a turn lane from the bridge and three lane entry. There will be 53 parking spaces rather than the 47 required. All enhancements will be at the applicant's expense. Attorney Weiner said that the applicant has provided traffic signalization and buffering between the residential area and the commercial project that far surpasses the requirements. The architecture is compatible. The drive-thru window has been changed to reduce the noise. There are similar uses within the neighborhood. A portion of this property is already zoned C-2. He understands that citizens want to watch development in their neighborhood and the applicant has listened to them ant made changes. This product will be far superior and will improve the appearance on Boynton Beach Boulevard. This is the third public hearing and now he understands that new experts are coming forward at this late date. Attorney Reg Stambaugh, representing Save Our Street, has a couple of experts for tonight's meeting. He submitted this information a month ago. He told the City Commission a month ago that he did not have experts ready at that time. That is why there are two public hearings required by state statute. The ~ssue iswhether there are alternative sites for this project. He has not heard how they meet the requirements of the Comprehensive Land Use Plan as it relates to Policy 1.:19.6 Which specifies that if there are alternative sites that are commercially zoned, then the City cannot change the land use from residential to commercial except for a couple of exceptions. He noted that when someone is rendering an opinion .whether the Comprehensive Plan is being followed, that opinion must b~ given by an attorney, someone who is an expert in the legal field. The only person that you will have heard from is Eugene Shuey, on whether or not the Comprehensive Plan is being followed. The resumes of Beril Kruger and Eugene E. Shuey were presented into the record and are marked Exhibits 1 & 2 and are attached to the original minutes on file in the office ofthe City Clerk. Beril Kruger, Planning & Zoning Consultant, came to the podium and answered questions by Attorney Stambaugh. Mr. Kruger said that he has been a planner for the last 20 years, he graduated from F.A.U., worked for Palm Beach County from 1975 to 1982, and has been in business for himself since then. He was appointed by the County Commission to work on the 13 Meeting Minutes Regular City Commission Boynton Beach. Florida February 5~ 2002 Comprehensive Plan in 1990, spent one year on the Land Use Advisory Board and worked on changing the zoning code. He worked on the zoning Code and the Comprehensive Plan again this year. Hr. Kruger read from Planning & Zoning Division Memorandum No. 01-222, page 3, which states, "According to the Comprehensive Plan Future Land Use Support Document, under the 'Discussion of Supply and Demand for Commercial Land' the following is recommended: 'The Future Land Use Plan whict~ is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commerdal uses Of a highly spedalized nature~ which have specia! location or site requirements and, therefore, cannot be easily accommooated on already designated commercial areas." Mr. Kruger then read the second paragraph conceming PoliCy 1.19.6 of the Land Use Element, which states, 'q'he City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commerCial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable Comprehensive Ptar policies." Mr; Kruger stated that the City used the discussion portion to make their decision instead of the poliCy. He stated that the policy should be followed when making a decision on the Land Use Plan. The Land Use Plan should not be changed if there is other land that does not have to be changed within the City. Mr. Kruger said that there are alternative sites. There is a four-acre commercially zoned site near Home Expo and other sites at the corner of High Ridge Road and Gateway Boulevard and at the corner of Lawrence Road and Hypoluxo Road. These sites are alternatives because of their location, access to them and the traffic. He said that the property currently zoned commercial could be used without taking the R-2 property; however, it was a smaller site. He said that, in his expert opinion, the Comprehensive Plan is not being followed. Eugene E. Shuey, an expert witness, came to the podium and ansv~ered questions by Attorney Stambaugh. Hr. Shuey is an attorney in Florida and is in his 35~ year as an attorney. He is a Board Certified Real Estate Lawyer. He is admitted to ail courts in Florida and the U.S. Supreme Court. He has been an expert for Palm Beach County on a number of occasions. He teaches a portion of a real estate course for board certified real estate attorneys. He has reviewed Attorney Stambaugh's correspondence with the Commission, the staff report and the pertinent sections of the Comprehensive Plan statutes. Nr. Shuey said that given the policy that the City has adopted and that the Comprehensive Plan is a state statute, the Commission would have to determine that there are no other commercial sites that would support this project before the_zoning could be changed. Page 2 of the staff report states that the policies contained ~n the Comprehensive Plan must be followed. The 14 Meeting Minutes Regular City Commission Bovnton Beach, Florida February S, 2002 Future Land Use Plan can only change in the case of minor boundary adjustments. He said that there are two predicates that must be overcome. One is that unless the property is unsuitable for other uses or a geographical need exists that cannot be fulfilled by existing commercially zoned properties, then the Comprehensive Plan cannot be changec. As the staff reportstatas, there are a number of other sites already available. His legal conclusion is that if the City Commission relies on the staff report, Specifically that the staff is referencing the discussion portion and not the policy itsalf, they would be relying on opinion rather than policy. Attorney Stambaugh stated that there is no discretion in terms of whether you follow the policy. There are viable commercial sites available. The Comprehensive Plan must be followed, tf the applicant would remove the drive-thru or just use the currently zoned commercial property, there would be no objection. There was a recess at 8:25 p.m. The meeting resumed at 8:35 p.m. Terry Iiames, 656 NW 1st Avenue, was concerned that this establishment is a 24-hour business that manufactures donuts. The FL Lauderdale store is an 80% wholesale business. There will be 20 to 30 people working here on a full time basis and there is not suffident parking. There are no other 24-hour a day, 7 days a week businesses that are doing manufacturing in Boynton Beach that abut a residential area. If they would close at 1:[:00 p.m. or midnight and open at 5:00 a.m. or 6:00 a.m.t she would not be concerned. She said that the Commissioners are not listening to the residents and they have already made up their minds. Hark Roberts, 650 West Boynton Beach Boulevard, presented nine exhibits to be entered into the record. They are marked Exhibit 3 and are attached to the original minutes on file in the office of the City Clerk. There are two separate pieces of property with two separate owners. If the properties are not connected, the only access to one will be through a residential area. He said that every goal hasto be consistent with the Comprehensive Plan according to the Florida Statutes. There are other viable sites. He presented a copy of the Comprehensive Plan to be included as part of the record. This is marked Exhibit 4 and is attached tothe onginal minutes on file inthe office of the City Clerk. This approval will allow the intensification of the property that they do not even own yet. It is not consistentwith the policies of the Comprehensive Plan. The residential property is suitable under existing use because it has a duplex on it. Granting this request is wrong in his opinion. Mr. Roberts said that any approval will lead to imminent litigation. Upon cross-examination by Attorney Weiner, Mr. Kruger stated that he performs site plan work and explained what goes into a site plan - square footage, maximum lot coverage that is permitted, and buffers. When asked whether he did a site plan for the other properties, Mr. Kruger said that he only was looking to see whether there were other properties available. On cross-examination by AttorneyWeLner, Mr. Shuey said that he had participated in two to three presentations on Comprehensive Plans. Hr. Shuey said that he gives a portion of the course for real estate. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida February5, 2002 Attorney Weiner stated that the supporting documents to the Comprehensive Plan on page 3 talk about the Future Land Use Plan and an exception for minor boundary adjustments. No one questioned the meaning of this. Policy 1.~.9.6 says that the City shall not allow commercial uses unless a particular property is unsuitable for other uses or a geographic need exists which cannot be fulfilled by existing commercially-zoned property. The word "or" means either one or the other. Opponents say that just because there is a house there means that it is suitable. You can come to a conclusion that just because there is a structure there, it can become unsuitable..lust look at a dilapidated structure in the downtown area. Michael Rumpf, Planning & Zoning Director, stated that he has been the director for 3 1/2 years and has a master's degree in Urban Planning. He has over 15 years of planning experience. He was hired by the City 14 years agoto assist with the writing of the Comprehensive Plan. The intent of the Comorehensive Plan is not to create a rigid document but to provide something that can live and breathe over a period of time. The general intent is to maintain the general than one acre in size. This proposal s consistent with the Comprehensive Plan and would clean up a split zoning area. The Cit~ ~id approve a similar use previously On the site that is zoned commercial but it was never C°n~tructed. The cityfs prospective and the applicant's pro~spective should be considered regarding aiternative sites. Nat Siegel, Vice President for the applicant, developed over 40 restaurants for the applicant. Krispy Kreme takes into account frontage, traffic counts, medium incomes, etc. He has ooked nto other sites and they do not meet the criteria. There are no adequate alternative sites. :Jim Cosentino, Krisp¥ Kreme South Florida LLC, stated that they do not sell out of this store to supermarket chains. Attorney Weiner stated that residential tax values have risen even though commercial properties have come in. Tf values have gone up after the Waffle House an~ Texaco have come in, he cannot image any negative effect from Krispy Kreme, He presented tax information, which is marked Exhibit 5 and is attached to the original minutes on file in the office of the City Clerk. In summary, Attorney Weiner said that there is a support document to the Comprehensive Plan that allows minor adjustments. The zoning can be changed even if there is an existing building and there are no alternative sites that are adequate. Vice Mayor Weiland asked City Attorney Cherof what his interpretation of the Comprehensive Plan is. City Attorney Cherof stated that this is not appropriately his role. In a quasi-judicial process, it is the responsibility of the applicant and the opponents to present the facts. Commissioner Fisher asked what impartial expert the Commission has. 16 Meeting Minutes Regular City Commission BovntOn Beach. Florida February5, 2002 City Attorney Cherof said that it was not a question of impartiality but that the Commission should listen to all the experts. He suggested that City staff is not the applicant or the opposition and they will come as close to that category as anyone else, When questioned, Hr. Rumpf said that th~s is a minor boundary change. Commissioner McCray asked staff whether they had stated that there were other suitable sites to which Mr. Rumpf replied yes. Commissioner Fisher questioned suitable and optimum locations. Mr. Rumpf said that suitable locations should be looked at in two perspectives - staff's and the applicant's, Staff looks at it very generally but not all inclusive, Commissioner NcC:ray wanted it stated for the record that he had not made up his mind regarding this matter months ago as one person had suggested, Commissioner Ferguson said he wanted to increase the tax base and do the best he could for the citizens. He supports this project. Mayor Broening said he appreciated everyone's time and empathizes with the citizens' fears. However, the City does have a noise ordinance. He believes this project will be an enhancement to the area. He pointed out that the duplex is not being taken, it is being sold by the owner. The City has an obligation to improve the quality of life for the citizens in that area. He will dedicate his efforts to ensure that this happens. City Attorney Cherof read proposed Ordinance No. 02-002 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-002. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with Commissioner McCray dissenting. City Attorney Cherof read proposed Ordinance No. 02-003 by title only. Motion Vice Mayor Weiland moved to approve proposed Ordinance No. 02~-003 and Commissioner Fergusen seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with Commissioner McCray dissenting, Proposed Ordinance No. 02-004 Re: Repealing Article III of Chapter ~:8 and adopting a new Article III of Chapter 18, Municipal Police Officers' Retirement Trust Fund, providing for the creation and maintenance of the fund and providing for repeal of any part of the Code, an Ordinance or Resotutio~ in conflict City Attorney read proposed Ordinance No, 02-004 by title only. 17 Meeting Minutes Regular City Commission Bovnton Beach, Florida February5,2002 Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-004 and Commissioner Fisher seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 02-005 Re: Amending Section I8- 181(A)(4) of the Firefighters' Pension Plan to permit the purchase of investment grade bonds with not greater than 10% of the fixed income portfolio, amending Section 18-183 (a) to provide for three-year averaging in the computation of average final compensation, and creating Section ~8-:184 providing for the potential' payment of a ~3t~ monthly pension payment City Attorney read Proposed Ordinance No. 02-005 by title only. Warren 1lmm, 130 NE 26t~ Avenue, #301, questioned the 13TM monthly payment. City Manager Bressner explained that the 13TM check would be a lump sum payment to distribute investment earnings over and above a base level. Motion. Commissioner Fisher moved to approve proposed Ordinance No. 02-005 and the motion was seconded by Commissioner Ferguson. City Clerk Prainito called the roil and the motion passed unanimously. B. Ordinances - 1~ Reading Proposed OrdinanCe No. O2-OO6 Re: Dakota Lofts Reclassify from Local Retail Commercial and Low Density Residential to High Density Residential City Attorney read Proposed Ordinance No. 02-006 by title only. Notion Commissioner Ferguson moved to approve proposed Ordinance No. ,~02-006 and Vice Mayor Weiland seconded the motion, City Clerk Prainito called the roll ~nd the motion passed unanimously, Proposed Ordinance No. 02-007 Re: Dakota Lofts - Rezone from C-3 Community Commercial and R-l-AA Single-family Residential to Planned Unit Development (PUD) City Attorney read Proposed Ordinance No. 02-007 by title only. 18 Meeting Minutes Regular City Commission Boynton Beach. Florida February 5~ 2002 Motion Vice Mayor Weiland moved to approve proposed Ordinance No. 02-007 and the motion was seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion passed unanimously. Proposed Ordinance No. 02-008 Re: Amending Chapter 9, City of Boynton Beach Code of Ordinances, providing for compliance with ~IFPA i, Fire Prevention Codes, 2000 Edition City Attorney read Proposed Ordinance No. 02-008 by title only. Commissioner Ferguson commented that the NFPA is located in Massachusetts and some of the items in the code are not pertinent to our area. For instance, Sterling Village had to spend $35,000 for exit lights that are not needed. He is not in favor of this ordinance. Commissioner Fisher asked whether we could remove certain sections that are not pertinent to the City. City Manager Bressner did not recommend doing this as these Fire Prevention Codes are based on national standards for all regions of the country. The City can adopt local amendments to this code. Fire Chief Bingham said that there is latitude in the code that allows the fire chief or the fire marshal to make decisions. Vice Mayor Weiland agreed with the comments made by Commissioner Ferguson. This code is a mandate for condominiums, schools, etc. to upgrade items; however, there are no provisions to help finance them. He urged the Commission to review this code. Fire Chief Bingnam stated that the issue before the Commission is simply to adjust the City's Chapter 9 to the 2000 edition of the Fire Prevention Codes rather than the outdated 1997 edition. It also tightens up some language dealing with the sale of fireworks and addresses the issue of gate access into certain developments. Fire Chief Bingham stated that incentives are now provided for developers that have fully spdnklered buildings. Their plan review fee, as well as their annual inspection, will be reduced by 50%. Vice Mayor Weiland commented that the Commission should have looked at a deduction on the fire assessment, as well, when people went beyond the minimum requirements. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-008 and Commissioner McCray seconded the motion. City Oerk Prainito called the roll and the motion carried 3 to 2 with Vice Mayor Weiland and Commissioner Ferguson dissenting. Proposed Ordinance No. 02-009 Re: Amending Chapter 14, Motor Vehicles and Traffic, creating a new subsection to provide for 19 MeeUng Minutes Regular City Commission Bovnt0n Beach, Florida February 5, 2002 all signage to conform to national standards and creating a new section providing for traffic calming measures City Attorney read Proposed Ordinance No. 02-009 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-009 and the motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion passed unanimously, C. Resolutions: Proposed ReSolution No. 02-025 Re: Authorizing Mayor to execute Partial Release of Lien for 1000 W. Industrial Avenue, Boynton Beach Industrial Park North, Lot 9 City Attorney Cherof read proposed Resolution No. 02-025 by title only. Motion Vice Mayor Weiland moved to approve proposed Resolution No. 02-025. by Commissioner Ferguson and carried unanimously. D. Other: Mo~on was seconded Accept the mediated settlement with Plain~ff in case TiffanyVassalotti v. City ofBoynton Beach in the amount orS7,000 Motion Commissioner Ferguson moved to the accept the mediated settlement with Plaintiff in case 'l~ffany Vassalotti v. City of Beynton Beach in the amount of $7,000. Commissioner Fisher seconded the motion that carried unanimously. Accept the mediated settlement with Plaintiff in case Nicole Vassalotti v. City of Boynton Beach in the amount of $10,000 Motion Commissioner Ferguson moved to the accept the mediated settlement with Plaintiff in case Nicole Vassalotti v. City of Boynton Beach in the amount of $10,000. Commissioner McCray seconded the motion that carried unanimously. XIII. UNFINISHED BUSINESS: A. Update on Mangrove High School Restoration :Item X]:II.A was pulled from the agenda. It is being postponed until the February Commission meeting. 2O Heeting Minutes Regular City Commission Bovnton Beach, Florida February S, 2002 Commissioner McCray asked whether the City was spending any money for the restoration. City Manager-Bressner stated that the only money spent was to relocate some utilities, Commissioner Fisher requested that an actual report from the Historical Society be made available at the next meeting. X~V. AD3OURNMENT: There being no further business before the City Commission, the meeting adjourned at 9:56 Al II:ST: Deputy City Clerk (4 tapes) C]-['Y OF BOYNTON BEACH ViceJWa~ ~ ~ ~....~om mi~sion~..~-- ~- COOmmissiOner 2! ----~RISI~Y KREME - EXHIBIT BERIL KRUGER PLANNING & ZONING CONSULTANTS 9 NE 16TH Street Delray Beach, FL 33444 Telephone: 561-265-4983 Fax: 561-265-4611 E-maih bkruger@bellsouth.net PRACTICE: Planning and Zoning Consultants doing: Rezoning, Variances, Conditional Uses, Special Exceptions, Concurrency, Annexation, Site Plan Approval, DRC Approval, Comprehensive Plan {Land Use) Amendments, Right-Of-Way and Easement Abandonments, Code Enforcement Board Representation, all Counties and Municipalities, State of Florida. PROFILE: Planning and Zoning Consultant in business since 1982 BERIL 1941; KRUGER, Position: Consultant. Born Bronx, New York, July 4, Education: Miami, Florida; Florida Atlantic University, B.B.A., 1972 International Fraternity of Delta Sigma Pi, Professional Business Fraternity, Member Member: Conference on the Association of Business Executives and the Student Business Major Escort: for Presidents and CEOs, Nation Association of Manufacturers (NAM), Annual Round Table Conference, Boca Raton, 1970, 1971 · Zoning Investigator, Palm Beach County Zoning Department 1975- 1982). · Delra¥ Beach Code Enforcement Board, Member: 1986-1998, ~hairman: 1996-1998 · Palm Beach County Land Use Advisory Board, Agriculture Committee Member: Rewriting Comprehensive Plan to allow AgriCulture in all of Palm Beach County, 1991-1992 · Palm Beach County Citizens Task Force, Agriculture Committee Member: Rewriting the Palm Beach County Zoning Code [ULDC] to allow Agriculture in all Zoning Districts, 1992-1994 CHARLOTTE LEES, Position: Associate, September 2, 1949. · Education: Mary Washington College, Mathematics, 1971 Born Lawrenceville, Virginia, University of Virginia, BS in Lake Ida Home-owners Association. (Member 1990-Present, President, 1992-1995). State of Florida Real Estate Licensed, (Salesman, 1988-1990). REPRESENTED CLIENTS: · AT&T, (Zoning for Fiber Optic Cable Florida Turnpike); Regeneration Stations along · Gulf Oil Company & British Petroleum (new Gasoline Stations); · Mobil Oil Company (new & Redesign Gasoline Station); · Delray Toyota (Abandon R/W & Amend Site Plan for expansion); · Delray Mazda (Abandon R/W & Zoning for new Car Dealership); · Sherwood Honda (Abandon R/W & Zoning for new Car Dea ership); · Enterprise Car Leasing (Abandon R/W, Land Use Plan Amendment & Zoning for new Rental Car Facility); · Boca Delray Animal Hospital (Zoning for new Animal Hospital); · Lake Worth Animal Hospital (Zoning for new Animal Hospital); · Delray Plants (site plan approval); · Southeast Growers (Zoning & permits for new Large Tree Nursery); · Expert Auto Transport (Zoning for new Truck Storage Facility); · GEM Orchids (represent at So. Florida Water Management District against adjacent City of Delray Beach Well field); · Allan C. Murray Wholesale Nursery (Zoning for new Plant Nursery); · Lantana Peat & Soil (Zoning for 40 acre Potting Soil Mfg. Facility); · NR Associates (Zoning: 40 acre Wood/Vegetation Recycling facility); · First Romanian Baptist Church (Zoning/Site Plan approval for new Church); · Kabbalah (Zoning & Site Plan approval for new Synagogue); · Military Trail Associates (Zoning for new 10 acre Shopping Center & Self Storage Facility); · Military 6 (Zoning for new 6 acre Automotive Center & Self Storage Facility); · The Banyan Golf Club of West Palm Beach (Modification of Site Plan to allow new Golf Course Building); · Country Joe's Nursery (Zoning & Site Plan for new 80 acre plant Nursery); · Dave's Auto Body (Abandon easement & Site Plan Approval); · City of Boynton Beach Mausoleum (Variance for addition); · Ralph Buick [easement abandonment & Site Plan Approval); · All Steel & Gypsum Products, Inc. (Zoning, site plan approva for new addition and Code Enforcement Board Representation); · Impact Collision (Amend Zoning Code, Site Plan Approval for new Auto Body Shop, Code Enforcement Board Representation); · Accel Towing (Comp Plan Change & Zoning for new Towing Company Facility); · Bob's Speed Products (Variance, Site Plan, Zoning approval for Auto Repair facility, Code Enforcement Representation); REPRESENTATIONS IN: City of Delray Beach * City of Boca Raton City of Boynto~ Beach * Town of Lantana * City of Lake Worth City of West Palm Beach ~ City of Riveria Beach * Palm Beach County City of Fort Lauderdale * Town Of Davie * City of Deerfield Beach City of Pompano Beach * Broward County * Dade County Orange County * Martin County * St. Lucie County REPRESENTATIVE: Florida Nursery Growers Assn., Palm Beach Wholesale Growers, Assn., for Palm Beach County Land Use Plan Amendments and Amendments to the Palm Beach County Unified Land Development Code (ULDC - Zoning Code)[1991-1995]. REPRESENTED CLIENTS BEFORE FOLLOWING CODE ENFORCEMENT BOARDS: Palm Beach County * Broward County * Dade County City of Delray Beach * Town of Davie * City of Boynton Beach City of Boca Raton * Town of Lantana * City of Lake Worth City of Fort Lauderdale * BOARDS PRESENTED BEFORE: COUNTY COMMISSIONS of: Broward County * Palm Beach County ~ Martin County * Orange County ** CITY COMMISSIONS of: Delray Beach * Boca Raton ~ Town of Palm Beach * Gulfstream * Boynton Beach * Fort Lauderdale Deerfield Beach * Pompano Beach * Ocean Ridge * * OTHER BOARDS: Florida Inland Navigational District * Lake Worth Drainage District * South Florida Water Management District * Solid Waste Authority of Palm Beach County * State of Florida Septic Tank Review, Board * Treasure Coast Regional Planning Council * Florida Environmental Review Board* EUGENE E. SHUEY LAW OFFICES OF EUGENE E. SHUEY, P.A. 603 VILLAGE BOULEVARD SUITE 302 WEST PALM BEACH, FLORIDA 33409 TELEPHONE (561) 697-3300 FACSIMILE (561) 697-7700 shueylaw@n~ndspring.com --KP~SP¥ KIIEMIg - EXHIBIT EUGENE E. SHUEY: born Tiffin, Ohio, July 9, 1937; admitted to bar, 1967, Florida; 1968, U.S. District Court, Southern District of Florida; 1971, U.S. Supreme Court; 1981, U.S. Court of Appeals, Fifth and Eleventh Circuits. Education: Heidelberg College; Bowling Green State University (B.S.B.A., 1961); University of Florida (J.D., 1967). Phi Alpha Delta. Member: Palm Beach County Bar Association (Member, 1981-1 983, and Chairperson, 1983-1984, Unauthorized Practice of Law Committee; Member, 1986- , and Chairperson 1988-1990, Vice Chairperson 1991-1992, Real Estate Continuing Legal Education Committee; Member, 1986-1988, Commercial Litigation Committee; Member, 1986-1987, Construction Law Continuing Legal Education Committee; Member, 1989 Continuing Legal Education Committee; Member, 1991 Circuit Court Civil Practice.Advisory Committee; Member, 1992-1999 Palm Beach County Realtor/Attorney Joint Committee; Member, 1995, Chairperson, 1996 Solo Practice Committee Lake Worth Bar Association (Presiden~t, 1980); The Florida Bar (Member, 1984-1986 Standing Committee on Unlicensed Practice of Law; Member, 1986-1988, Vice Chairperson, 1:989, Grievance Committee 15-B; Member, 19904991 Mortgage Law Committee; Member, 1991-1992 Continuing Legal Education Publications Committee; 1992- CircUit Representative, 15th Judicial Circuit; and Member of Executive Council, Member, 1994-1995 Real Property Professionalism Committee, 2000- Vice-Chair, Real Estate Litigation Committee, Real Property, Probate and Trust' Law Section; 1993-1996 15th Judicial Circuit Attorneys' Fee Arbitration Committeel; Academy o~f~ Florida Trial~ Lawyers(1968-1998); The Association of Trial Lawyers ef America (1968-1996). Adjunct Instructor, Florida Real Estate Law, P~a[m Beach Community College 1 990; Member 1992-1995, Real Property Council of Palm:Beach County, lac.; 1999>2001 :Master, Craig S. Bamard American Inns of Court LIV; -Ltste;d m Leading F or da Lawyers, Rea Estate and Environmental Law, 1996-2001 .(W th U S Army Countenntell gence Corps 1961-1964). Board Certifiedl ~eal Estate La~wyer; Florida Bar Beard of!Certification. _Concentration_: Real property I~w, transactions and litigation; commerc~ia[ I[,tigation; Bar grievance defense. Revised 06/08/01 C:kEES. P.AkEESkEES.doe',Bio 060801 LAW OFFICE OF EUGENE E. SHUE~, P.A. 603 VILLAGE BOULEVARD SUITE 302 WEST PALM BEACH, FLORIDA 33409 EUGENE E. SHUEY TF[ FPHONE (561) 697-3300 FACSI~'~LE (561) 697-7700 shu eytaw@mindspring.com PROFESSIONAL LEGAL SERVICES SINCE 1967 SEMINARS, PUBLICATIONS AND LECTURES October 11, 1984 January 1985 May, 1985 July 20, 1985 January 29, 1987 November 7, 1988 February 17, 1989 July 8, 1989 Spring Term, 1990 "Current Developments In Foreclosure Law", Palm Beach County Bar Association Real Estate CLE Committee, West Palm Beach, FL "Current Status of Due on Sale Clauses", Palm Beach County Bar Association Bulletin "Mortgage Foreclosure and Redemption Rights", Palm Beach County Bar Association Bulletin "Copyright Law-A General Overview", Florida Freelance Writers Association, Delray Beach, FL "Mechanic's Lien Law and The General Practitioner", Palm Beach County Bar Association, West Palm Beach, FL "Homeowner's Associations - A General Overview", Palm Beach County Bar Association Speakers Bureau, Boynton Beach, FL "Lender Liability", Palm Beach County Bar Association, Palm Beach Gardens, FL "Technique and Strategy in Cross-Examination of Fact Witnesses in Tort and Commercial Cases", Academy of Florida Trial Lawyers, Durango, CO Adjunct Instructor, Florida Real Estate Law, Palm Beach Community College, Lake Worth, FL Seminars, Publications and Lectures Page No. 2 February 7, 1990 "Real Estate Your Legal Forum" (Radio Program), W.P.B.R., Palm Beach, FL March 29, 1990 "Basics of Hazardous Waste Law & Its Application To Real Estate Transactions", Florida Atlantic University, Boca Raton, FL February 15, 1991 "Ethics in Real Estate Practice", Palm Beach County Bar Association, West Palm Beach, FL March 8, 1991 "Litigation with the Resolution Trust Corporation", Palm Beach County Bar Association, West Palm Beach, FL June 22, 1991 "Real Estate Practice Ethics", Florida Legal Assistants, Inc, Palm Beach Gardens, FL September 4, 1991 "Ethics and Malpractice", Florida Legal Assistants, Inc., West Palm Beach, FL April 7, 1992 Panelist "Legal Ethics & Professional Responsibility", Round-table presentation for FDIC staff attorneys, Federal Deposit Insurance Corp., Miami, FL May, 1992 "Ethics", Second Annual Professionalism Luncheon Seminar, Palm Beach County Bar Association, West Palm Beach, FL May 28, 1992 "Professional Responsibility for the Office Practitioner", Palm Beach County Bar Association, West Palm Beach, FL June 10, 1992 "Ethics of Real Estate Practice", Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, FL September 18, 1992 "Ethics of Real Estate Law ~ Current Trends and Problems", Florida Atlantic University Division of Continuing Education Extension and McGee, Jordan, Shuey, Gordon, Morris & Doner, P.A., Boca Raton, FL Seminars, Publications and Lectures Page No. 3 November 12, 1992 May 18, 1993 June 18, 1993 April 14, 1994 April 29, 1994 May 4, 1994 September 14, 1994 November 18, 1994 January 24, 1995 April, 1995 "Ethics of Real Estate Practice", Palm Beach County Bar Association Real Estate C,L.E. Committee, West Palm Beach, FL "Ethics and Bar Grievance Proceedings", Third Annua Professionalism Luncheon Seminar - Palm Beach County Bar Association; West Palm Beach, FL "The Avoidance of Malpractice and the Ethics of Real Estate Practice", Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, FL "The Disclosure Requirements of Johnson v. Davis", Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, FL "The Disclosure Requirements of Johnson v. Davis", North Palm Beach County Association of Realtors, Palm Beach Gardens, FL "The Disclosure Requirements of Johnson v. Davis",Realtor Association of South Palm Beach County, Boca Raton, FL "The Real Estate Title" and "Ethical Considerations of Real Estate Practice", National Business Institute Inc,, West Palm Beach, FL "The Florida Association of Realtors - The Florida Bar Real Estate Contract - 1994 Edition" Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, FL Panel member on real estate law, Palm Beach County Bar Association Solo Practitioner Committee Open Forum, West Palm Beach, FL "Post-Judgment Motions for Attorneys' Fees -The Bar of Unreasonable Tardiness", Palm Beach County Bar Association Bulletin Seminars, Publications and Lectures Page No. 4 May 4, 1995 "Florida Association of Realtors - The Florida Bar Real Estate Contract 1994 Edition", Palm Beach County Realtor/Attorney Joint Committee, North Palm Beach, FL May 22, 1995 "Florida Association of Realtors - The Florida Bar Real Estate Contract 1994 Edition", Palm Beach County Realtor/Attorney Joint Committee, West Palm Beach. FL May 24, 1995 "Florida Association of Realtors - The Florida Bar Real Estate Contract 1994 Edition", Palm Beach County Realtor/Attorney Joint Committee, Boca Raton, FL June 1, 1995 "Real Estate Contract Negotiation and Contract Forms", Palm Beach County Bar Association Real Estate Committee, West Palm Beach, FL December 7, 1995 "Title Law in Florida", National Business Institute, Inc.; West Palm Beach, FL January 19, 1996 "The Private Property Rights Protection Act of 1995- Protection For Whom?", Palm Beach County Bar Association Real Estate Committee, West Palm Beach, FL June 7, 1996 "What You Must Know Regarding The Title To Real Estate", Institute for Paralegal Education, a division of Nationa Business Institute, West Palm Beach, FL May 14, 1997 "Real Estate Litigation in Florida," National Business Institute, Inc., West Palm Beach, FL September, 1997 "Reverse Mortgages--Boon or Bane?" The Elder Law Advocate, Vol. VI, No. 1, Fall 1997, Eider Law Section, The Florida Bar November, 1997 "Reverse Mortgages--Boon or Bane?" The Guardian., November, 1997, Broward County Guardianship Association, Inc. Seminars, Publications and Lectures Page No. 5 December 5, 1997 "Negotiating and Drafting the Real Estate Contract with Emphasis on FAR/BAR Contract and Addenda" Palm Beach County Bar Real Association Estate C.L.E. Committee, West Palm Beach, FL November, 1997 "The Johnson v. Davis Saqa - Book Two: Fraud, Error and the Rear View Mirror" Actionline... Vol. XXI, No. 3, November/December, 1997, Real Property, Probate and Trust Law Section, The Florida Bar May 29, 1998 "Commercial Real Estate Contracts" Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, FL October, 1999 "Reverse Mortqaqes-Boon or Bane?" Palm Beach County Bar Association Bulletin December 3, 1999 "Ethics for the Real Estate Practitioner" Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, Florida April 7, 2000 "Real Property Case Law and Litigation: Recent Cases and Statutory Modifications" Real Estate Certification Review Course, Real Pro perry, Probate and Trust Law Section. The Florida Bar, Orlando, Florida April 8, 2000 Panelist--"Ethics," Round Table Presentation, Real Estate Certification Review Course, Real Property, Probate and Trust Law Section, The Florida Bar, Orlando, Florida May 19, 2000 "Negotiating and Drafting the Real Estate Contract with Emphasis on FAR/BAR Contract and Addenda" Palm Beach County Bar Association Real Estate C.L.E. Committee, West Palm Beach, Florida May 26, 2000 "Real Property Case Law and Litigation-Recent Cases and Statutory Modifications ,, 20th Annual Real Property, Probate and Trust Law Section Convention, The Florida Bar, Orlando, Florida SEMINAR$\serndist 5\4-13-00 Seminars, Publications and Lectures Page No. 6 April 6, 2001 May 25, 2001 June8,2001 June 21,2001 "Real Property Case Law and Litigation: Recent Cases and Statutory Modifications" Real Estate Certification Review Course, Real Property, Probate and Trust Law Section, The Florida Bar, Orlando, Florida "Real PropertYl Case Law Update", 2001 Rea Property, Probate and Trust Law Section Convention, The Florida Bar, Fort Laud~rdale, Florida "Real Property Case Law Update", Spring, 2001 Real Estate Sem~nar-lCurrent Real Estate Practme: L~t~gat~on and Transactions, Palm Beach County Bar Association, West Palm BeaCh, Florida "Real Pro~)erty Law", Florida Law Update, General Practice, Solo & Slmall Firm Section, The Florida Bar Convention, Orlando, Florida C:~WPDocs\WPDocs\SEMINARS\Seminar List.060401 --KRISP~ KREME - EXHIBIT ~3 EXHIBITS (Exhibit #) 1. Boynton Beach, FL-Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9., Administration and enforcement. (12 pages) 2. City of Boynton Beach, EAR-based Comprehensive Plan Amendments, June 6, 2000, Objective 1.17, Policy 1.17.1, Policy 1.19.6 3. Original Land Use Amendment and Rezoning Application 4. Modified Land Use Amendment and Rezoning Application 5. Development Deparmaent, Planning and Zoning Division, Memorandum No. PZ 01-222, December 10, 2001 6. Site Plan Review StaffReport, June 7, 1994, Planning and Zoning Department Memorandum No. #94-160 Minutes of December 26, 2001 Plmaning and Development Board Minutes of City Commission public hearing, January 2, 2002 Transcripts of City Commission public hearing, January 2, 2002 American Legal Publishing Page 1 of 12 Search: EXHIBIT 1 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPN ENT REGULATIONS* CHAPTER 2 ZONING Search Online Library Search Current Code Next Page Previous Hit Page Next Hit Page Previous Hit Next Hit Table of Contents Synchronize Contents Search Results Clear Search Help Disclaimer Section 9. Administration and enforcement. A. BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All buildings, structures, and uses of land shall comply with the regulations of this ordinance and with all applicable building and health laws and ordiuances. Each application for a building permit shall be accompanied by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots, and such other information as may be required as to provide for the enforcement of these regulations. B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. C. COMPREHENSIVE AMENDMENTS:REZONINGS. PLAN 1. Intent. These zoning regulations may from time to time be emended, supplemented, or repealed. It is the intent of this subsection that the planning and development board serve as an advisory body to the City Comnnssion with respect to such amendments, in the manner herein set forth. All proposed amendments shall be evaluated by the planning department, plannlug and development board, and City Commission for consistency with the comprehensive plan and shall not be approved unless found to be consistent with the comprehensive plan. It is also the intent of this subsection that all rezonmg shall be in accordance with and serve to implement the Local Government Comprehensive Planning and Land Development Regulation Act. It is intended that the applicant for a rezonmg provide information which is sufficient to det,,-ine whether the proposed rezoning is cons~stem with the comprehensive plan. It is further the intent of this subsection that, pursuant to Sections 163.3194, 163.3197, 163.3201, 163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City Commission as requirements or limitations with regard to subsequent development of the property, and that the City Commission may impose any other requirements or limitations, in order to ensure that http://www.amlegal.com/boynton_beach_fl/lpext, dlVInfobase/1 c88/200b/24a5 ?f=templat~.. 10/18/2001 - American Legal Publishing Page 2 of 12 development of the property is consistent with the comprehensive plan, and ensure that impacts created by the development are mitigated. This subsection shall apply to all rezoning applications, and all revised master plans in the case of plenned zoning districts, which are submitted after the effective date of the ordinance containing this subsection. 2. General procedures. a. Applications for amendments to the official zoning map shall follow the procedure set forth in paragraph 3 through 15 below, with the following exceptions: (1) Where an ordinance to rezone is initiated by the city pursuant to adoption of the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal report the following exceptions shall apply: a) Where the ordinance to rezone would cover a total area exceeding five (5) percent of the area of the city, only the requirements set forth in paragraphs 3., 4.a.(4), 4.a.(5), 4.a.(6), 6., 8.a., 9., 10., 12., 14, and 15. shall apply; however where the ordinance to rezone should cover a total area exceeding five (5) percent of the area of the city and is accomplished through the adoption of a new official zoning map, the requirements of paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not apply. (b) Where the ordinance to rezone would cover a total area which is equal to or less than five (5) percent of the area of the city, only the requirements set forth in paragraphs 3, 4.a.(4), 4.a. (5), 4.a.(6). 4.e., 4.f., 6., 8., 9., 10., 12., 14, and 15. (2) The requirements contained in paragraph 7. below shall not apply for rezonings which do not require an amendment to the future land use map and where the subject parcel is unplatted, and shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan for the subject parcel. All annexation applications shall, however, be reviewed by the planning depattaient with respect to the annexation policies contained in the comprehensive plan. where a rezoning application would occur pursuant to an amendment to the future land use map, the two (2) applications shall be processed simultaneously as a single application, except where provided for otherwise by Chapter 1.5, Section 7.C of the City of Boynton Beach Land Development Regulations. The procedures set forth in this paragraph shall also apply for applications to amend http://www.amlegal.com/boynton_beach__fl/lpext.dll/Infobase/1 c88/200b/24a5 ?f=templat¢.. 10/18/2001 American Legal Publishing Page 3 of 12 the future land use plan, except where such amendments would be included as part of the adoption of the comprehensive plan on a plan in its entirety, or the adoption of an evaluation and appraisal report. Therefore, "rezoning" shall be construed to include "future land use map amendment" in this subsection, unless a specific distinction is made between the two terms. b. For amendments which would change the type of uses allowed within particular zoning districts or land use categories, or would otherwise change the permitted uses of land, where such amendments would occur pursuant to au amendment to the comprehensive plan, the two amendments shall occur simultaneously, except where provided for otherwise by Chapter 1.5, Sect/on 7.D of the City of Boynton Beach Land Development Regulations. c. The procedure for amending ail other provisions contained in the zoning regulations shall be the same as the procedure for ordinance adoption generally, as set forth in Florida Statutes and the City of Boynton Beach Codes and Regulations. 3. Initiation of amendments. Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51) percent of the area involved in the amendment. For amendments which are initiated by the City Commission or planning and development board, the documents, letters of consent, and information specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required. For amendments which are initiated by less than one hundred (100) percent of the property owners of the area involved in the amendment, such documents and letters of consent shall be required only for property owners who have signed the petition for the amendment. 4. Materials to be submitted with applications. The following materials shall be submitted, in the number of copies specified by the planning director: a. An application, on the forms provided by the planning depamnent. Such application shall include, at a mm/mum, the following information: (1) The name, address, and phone number of all owners, applicants, and agents. (2) A statement of the applicant's interest in the development of the property. (3) Intended use of the site. http://www.am~ega~m/b~ym~n-beach-f~/~pext.d~V~nf~base/~c88/2~b/24a5?f=template.. I0/18/2001 American Legal Publishing Page 4 of 12 (4) Existing zoning district and proposed zoning district. (5) Existing category shown on the future land use map, and proposed category. (6) Legal description of property which is the subject of the application. (7) Street address or location of the subject parcel. (8) Area of the subject parcel, to the nearest hundredth (1/100) of an acre. b. A copy of the last recorded warran~d deed. c. The following documents and letters of consent: (1) If the property is under joint or several ownership: A written consent m the application by all owners of record; and (2) If the applicant is a contract purchaser: A copy of the purchase contract and written consent of the owner and seller; and (3) If the applicant is represented by an authorized agent: A copy of the agency agreement, or written consent of the applicant; and (4) If the applicant is a lessee: A copy of the lease agreement, and the written consent of the owner; and (5) If the applicant is a corporation or other business entity: The name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or m lieu thereof, written proof that he is in fact an officer of the corpomtiom d. A scaled boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the planning department, and containing the following information: (1) An accurate legal description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by the planning director where found to be unrelated to the land use or zoning issues involved with the application. e. A complete certified list of all property owners, mailing httm//www.amlegal.com/boynton beach fl/lpext.dll/Infobase/lc88/200b/24aS?f~template.. 10/18/2001 American Legal Publishing Page 5 of 12 addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county court house shall be furrdshed by the applicant. Mailing labels or addressed envelopes, and postage shall also be provided. Said list shall be accompanied by an affidavit stating that m the best of the applicant's knowledge said list is complete and accurate. f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created under existing zoning. The maximum number of dwellings, square footage, or intensity allowed by the proposed zoning district shall be used m estimate impacts, unless specific limitations on the number of dwellings, densigr, or intensity are proposed by the applicant. This comparison shall include the following: (1) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or developmen[ (2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (3) Proposed timing and phasing of the development. (4) Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall provide projections for the number of employees. An estimate of the number of employees shall not be required, however, for applications which are initiated by the city. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements ar the intersections of driveways that would serve the property and surrounding roadways, and improvement that would be necessary to accommodate such traffic movements. For proposed developments which would generate over three thousand (3,000) vehicle trips per day; or over two hundred fifty (250) single- directional vehicle trips within a one-hour period; or developments in the hurricane evacuation zone of the city containing over I00 dwelling units, a traffic impact analysis shall be required. Said traffic impact analysis shall include projected trip generation for the development, for all major roadways and intersections within one and http://www.amlegal.com/boynton_beach_fl/lpext, dll/Infobase/1 c88/200b/24aS?f~template.. 10/18/2001 · American Legal Publishing Page 6 of 12 one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the city, adjacent cities, and within the unincorporated area of Palm Beach County within a radius of five (5) miles. For those parcels lying in the unincorporated area of Palm Beach County, which are not currently zoned for urban land uses, the potential land uses according m the Palm Beach County Comprehensive Plan shall be used. Where said parcels are shown on the Palm Beach County Comprehensive Plan under residential land use categories, the midpoint of the density range shown on County Comprehensive Plan shall be used. Where a county-wide study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be used to project background traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the requirements listed above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by or are utilized by Palm Beach County. Traffic Impact Analyses required for developments v~thln the hurricane evacuation zone must also include an evaluation of the effect of the development on hurricane evacuation times. (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to to serve development under the proposed zoning. (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zomng. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required, where more than fifty (50) dwellings or fifty (50) sleeping rooms in the case of group http://www.amlegal.com/boynton_beach_fl/lpext.dll/lnfobase/1 c88/200b/24a5 ? r-=template.. 10/18/2001 · American Legal Publishing Page 7 of 12 housing, would be allowed under the proposed zoning. (9) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of nuisances and hazards. Such snmmary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the city's zoning regulations and the standards contained in the city's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the planning and development board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. (10) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. Co) Existing and proposed grade elevations. (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreational facilities. (e) A written commitment to the proviston of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. (I1) For rezoning to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. 5. Fees. Fees shall be paid at the time that the application is submitted, according to the fee schedule adopted by the City Commission by resolution or ordinance. 6. Processing by planning department. The planning htt~://www.amlegal.com/boynton beach_fl/lpext, dll/Infobase/lc88/200b/24aS?f=templat~.. 10/18/2001 · American Legal Publishing Page 8 of 12 department shall receive all applications, review such applications for completeness, and transmit copies of such applications to the city clerk for public notice and/or notification of surrounding property owners. The planning department shall set a public hearing date before the planning and development board, in accordance with the schedule adopted by the City Commission. The planning department or City Commission may specify certain periods of time during which applications must be submitted. 7. Report and recommendations by the planning depa~unenL The planning department shall evaluate applications with respect m the following criteria: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including, but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Management Division and the city's risk manager. The planning department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. b. Whether the proposed rezoning would be contrary, to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. h. Wqaether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The planning depatia~tent shall transmit its findings and recommendations, together with the application and materials submitted by the applicant in paragraph 4.g. and h.(1) through h.(10) above m the planning and development board. The plannlng director may also solicit the comments of the technical review committee members, with respect to consistency of the proposed zoning with http://www.amlegal, com/boynton_beach_flflpext.dll/Infobase/1 c88/200b/24a5 ?f;--template.. 10/18/2001 American Legal Publishing Page 9 of 12 comprehensive plan policies and with respect to other city pol/cies and code requirements, and transmit same to the planning and development board. 8. Public notice and notice to surrounding property owners. a. Applications for rezoning and/or land use amendments shall be advertised consistent with applicable requirements of Florida Statutes. b. Where required in Section 9.C.2.a. above, owners of properties within four hundred (400) feet of the subject parcel shall be notified as to the nature of the application, and the address or location of the property, and the time, date, and place of the initial planning and development board and City Commission hearings. Said notification shall be by regular mail and shall be postmarked not less than th/sty (30) days prior to the hearing before the planning and development board. 9. Action by planning and development board. The planning and development board shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the board shall recommend to the City Commission either that the application be approved, approved subject to modifications, or denied. The planning and development board shall base its recommendation upon findings, which may be based on the report by the planning department, or may be based on the materials submitted by the applicant. If the planning and development board votes to recommend approval of the rezoning, such findings shall hachide a statement that the proposed rezoning is consistent with the comprehensive plan. Where the board recommends limitations or requirements as conditions of rezoning, for other than planned zoning districts, the board shall also include a finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 10. Action by City Commission. The City Commission shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the City Commission shall either vote to approve the application, approve the application subject to modifications, or deny the application. The City Commission may not approve any rezoning which increases residential density when the projected water and sewer demand exceeds the estimates assumed in the comprehensive plan of the city, Goal 3C Potable Water. The City Commission shall base its action on findings, which may be based on the recommendations of the planning and development board, the report by the planning deparunent, or the materials submitted by the applicant. If the City Commission votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the http://www, amlegal.com/boymon_beach_flflpext, dll/Infobase/1 c88/200b/24aS?f=temp!ate.. 10/18/2001 American Legal Publishing Page 10 of 12 comprehensive plan. The City Commission may approve any zoning district, land use category, or type and intensity of use which is the same as or less intensive than that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that such area does not extend beyond the property described in the application. The City Commission shall adopt an ordinance to amend the official zoning map and future land use map, in accordance with applicable reqmremems of the City of Boymon Beach Land Development Regulations and Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment ro the zoning regulations, the procedure set forth in Section 163.3184, Florida Statutes, for review of such proposed amendments by the state shall also be complied with. Where the City Commission votes to impose 1/mitations or requirements as conditions of rezoning, for other than planned zoning districts, the City Commission shall also include finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 11. Limitation on further consideration. Within one (1) year after the date of final action by the City Commission or withdrawal of the application by the applicant, no application for like or similar zoning may be submitted, with the exception of applications which are initiated by the City Commission. 12. Limitations on changes to application, after application has been submitted. After notice of the public hearkng has been published or notification lms been mailed to surrounding property owners, the application may not be modified before final adoption of the ordinance to rezone, so as to include any areas outside of the parcel described on the original application, increase the number or intensity of uses, request a more intensive zoning, increase the number or intensity of uses, request a more intensive zoning, increase the height of proposed su'uctures, increase traffic levels on local streets through residential neighborhoods, increase the floor area or number of dwellings, or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. All such changes shall require a new application. Changes which decrease any of the impacts listed above may be requested by the applicant, recommended by the planning department or plarming and development board, or required by the City Commission or State of Florida, without requiring a new application. 13. Time limitation for development of property. In the event that no site plan is submitted and site plan approval only is required, or the first plat is not recorded where platting is required, or a conforming use is not established where platting or site plan approval is not required, within eighteen (18) months after final htrp://www.amlegal.com/boynton_beach_fl/lpext, dlVlnfobase/1 c88/200b/24a5 ?f=template.. 10/18/2001 American Legal Publishing Page 11 of 12 approval of the rezonmg by the City Commission, the City Commission shall review the zoning of the property and take action as specified in paragraphs a. orb. below. The reqnireauents of paragraph a. and b. below shall also apply where site plan approval only is required and site plan approval lapses: a. The City Commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property, m manner specified above does not occur by the end of said time extension, the City Commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The City Commission may instruct the city manager to file an application to a more restrictive zoning district and/or future laud use map category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land map use category. 14. Modifications to master plan~ of planned zoning districts and modifications to conditions of zoning for conventional zoning districts. a_ Planned zoning districts. Where such modifications are proposed for a planned zoning district, including any modifications to an approved master plan, the procedure to be followed shall be that which is specified in those respective sections of the City of Boymon Beach Land Development Regulations. b. Modifications to requirements or limitations imposed at time of rezoning, for conventional zoning districts. Where changes are proposed to the requirements and limitations which were maposed ar the time of rezoning in a conventional zoning district, such changes shall require review and recommendation by the planning department and planning and development board, and approval by the City Commission. Approval of such changes shall be accompanied by a finding that such changes are in accord with all regulations and comprehensive plan policies in effect at the time of the proposed change, and that such changes are not sufficiently substantial so as to warrant a new rezoning application. The determination of what constitutes a substantial change shall be within the discretion of the City Commission, however, any proposed change that would increase the number of stories, or that would increase the mount of water consumed, the mount of sewage collected, or the mount of traffic generated by more than ten (10) percent, or that would create commercial or industrial uses where not established by previously approved zoning, or that would increase the area of property zoned, shall in all cases require a new zoning application. http://www.amlegal.com/boynton_beach_fl/lpext, dlVlnfobase/1 c88/200b/24aS?f--~-templat¢.. 10/18/2001 · - American Legal Publishing Page 12 of 12 15. Record of requirements and limitations imposed at time of zoning or rezoning. The plann/ng depaxhnent shall keep records of all requirements and limitations imposed at the time of rezoning and shall transmit a copy of same to the applicant, and make same available for inspection by the public. D. CIVIL REMEDIES FOR ENFORCEMENT. In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, s~ructure, land, or water ~s used in violation of this ordinance or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or use in or about such premises. (Ord. No. 96-51, § 5, 1-21-97; Ord. No. 96-51, § 5, 1-21-97) htt~://www.am~egal.com/b~ynt~n-beach--f~/~pext.d~V~nf~base/~88/2~b/24a5?f=temp~at~.. 10/18/2001 EXHIBIT 2 City of Boyntoh Beach Future Land Use Element Goals, Objectives, and Policies Goal 1 Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while m~nimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimi25ng adverse impacts on natural resources. Objective 1.1 Policy 1.1.1 Policy 1.1.2 development shall be accomplished in a manner which minimizes erosion, flooding, and other problems due to topography. .City shall continue to adopt and enforce regulations to provide that development sites sk:2! be graded so that no slope exceeds a ratio of 1:4. that The City shall adopt and enforce regulations that prohibit the destruction of oceanfront dtmes41mtJ4~. Policy 1.1.3 The City shall continue to enforce regulations which requires that A_all buildings shall be constructed with the minimum first floor elevation above the 100-year flood elevation. Construction of buildings, structures, and infrastructure shall comply with the City's Flood Damage Prevention Ordinance which shall comply with the requirements of the National Flood Insurance Program, and the Coastal Construction Building Code which shall comply with Chapter 161, Florida Statutes, as well as applicable regulations of the South Florida Water Management District and Lake Worth Drainage District. Policy 1.1.4 Policy 1.1.5 Objective 1.2 City of Boynton Beach ~The City shall continue to adopt and enforce regulations thru p. rohibit the removal of rock or soil from property-sl~M~, except to the extent necessary to prepare a site for development. v .......... t_The .City shall continue to adopt and enforce rezulations tn ~that the_grading of development sites shall take into consideration the existing and future grade of adjacent properties and fights-of-way. The Citv shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is not economical to remove or treat unsuitable soils that would adversely affect the performance of infrastructure, buildings and other structures, and · 1:! .... EAR-based Comprehensive Plan Amendments ...... _Date: June=6. 2000 Future Land Use Element district, which shall not exceed 85% and 60% ]n zoning districts'which are included in the Industrial land use category. Policy 1.16.43 ..... -~ ..... tc ~!mn a~c~.t:cn, mc~ify The CiW shall continue to enforce the land development regulations to enforce and implement the policies .which regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section shall apply, regardless of the status,of the City's development regulatiops, and are hereby incorporated by reference into the Goals, Objectives, and Policies of this PIan. Objective LI7 ' Minimize nuisances, hazards, and other adverse impacts to the general pu_blic, to property values, and to residential environments by preventing q[~inimizing land use conflicts. Policy '1.17..1 Pc!lc2,' 1. ! 7.3 The City shall contin,e to gkl_iscourage'addifionat commemial and industrial ,us~s,beyond those which are currently shown on the Future Land Use Map, e,x99pt where access is greatest and impacts on residential land uses are least. Policy 1.17.4_2 Policy 1.17.$3 -~ ............... ptmn, The City shall continue to utilize and enforce performance standards in the City's zoning regulations. ........ ~- ..... The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. Policy 1.17.6 e,a. ........ .- ..... -~ ....."~ P!=n The City shall mcd:.fy.adopt ~ de~qepmem-and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer walls. City of Boynton Beach 1-26 EAR-based Comprehensive Plan Amendments ...... Date_June 6, 2000 Future Land Use Element Policy 1.19.6 Policy 1.19.7 Policy 1.19.8 Policy 1.19.9 Policy 1.19.10 Objective 1.20 demand for Commercial acreage which has been projected in the Future Land Use Element. Subsequent to Plan adoption, do not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated'that a particular property is unsuitable for other uses, or a geographic ne8d exists which cannot be fulfilled by existing commercially-zoned property, or no other suitable property for a commercial use exists for which a need can be demonstrated,.and the commercial use would comply with all other applicable comprehensive plan policies. In areas where the demand for commercial Uses will not increase, particularly in the Coastal Area, subsequent to Plan adoption change the land use and zoning to permit only residential or other non-commercial uses. Subsequent to Plan adoption, modify the land development regulations to keep existing public schools which are in operation in the Public and Private Governmental/ Institutional land use category, and place future public schools in a reasonable land use category which is agreed upon by the city of Boynton Beach and the Palm Beach County School Board administration. Subsequent to Plan adoption, modify the land development regulations to place Sites of 3 or more acres which are occupied or are planned to be occupied by government uses, utilities, hospitals, places of worship, and private schools, in the P~blic and Private Governmental/Institutional land use category, except where such uses are located in the CBD zoning district or in planned zoning districts. Subsequent to Plan adoption, modify the land development regulations to place Sites of 2 or more acres which are occupied or planned to be occupied by public parks and recreation facilities, and private parks and recreation facilities for residential projects, in the Recreation land use category, except where such uses are located in the CBD zoning district or in planned zoning districts. By June 1, 1990, or when mandated by state statute, regulate subdivision of land by continuing to require that the creation of more 32 EXHIBIT 3 APPI:ICATIO.~ACCE'FLABLE DATE: 3Y S'I:AFF MEMBER: FEE PAID: ~.~ ~}'~-~-~) RECEIPT NUMBER: HAS APPLIOAI~TATTENDED A PRE-APPLICATION MEETING? DATE: P~NN1NG & DEVELOPMENT BOARD LAND USE AMENDMENT AND/OR R~ONING APPLICATION This application must be filled out completely and accurately and submi~ed, together with the materials listed in Section II below, in ~o (2) copies to the Planning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. I, GENERAL INFORMATION 1. Project Name: Krispy Kreme - Boynton Beach Blvd. 2. Type of Application (check one) X a, Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezoning only 3. Date this application is accepted (to be filled out by Planning Division Applicants Name {person or Business entity in whose name this application is made) Dynamic Doughnuts Florida Realty, Inc. Address: 4335 Genesee Street Buffalo, NY 14225 Phone: (561) 871-9602 FAX: Agent's Name (person, if any, representing applicant): Scott Barber and Gee & Jenson (Zip Cede) (561) 344-0490 Address: One Harvard Circle West Palm Beach FL 33409 Phone: (561) 515-6500 (Zip Code) FAX: (561) 515-6502 . City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 2 6. Property Owner's (or Trustee's) Name: Salvador and Norma Sentmanat Address: 633 NW lS~ Ave. Boynton Beach, FL 33426 (Zip Code) Phone: Correspondence Address (if different than applicant or agent)* *This is the only address to which all agendas, letters, and other materials will be mailed VVhat is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Developer/Contract Purchaser Street Address or Location of Subject Parcel: 633 NW tst Ave. 10. PCN (s) 08-43-45-29-01-002-007'1 Legal Description of Subject Parcel: Lake Boynton Estates PL 1 WLY 15 ft of lot 7, lot 8 (less SR 804 & 1-95 R/W), East 10 ft of lot 10, Lot 11 & west of Iot12 BLK 2 11. 12. 13: 14. 15. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: Current Land Use Category: Residential Proposed Land Use Category: Commercial Current Zoning District: R-2 Proposed Zoning District: C-2 .26 City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 II. 16 Intended use of subject parcel: Fast food with drive thru 17. Developer or builder: Dynamic Restaurant Operations of Florida, Inc. 18. Architect: To Be Determined 19. Landscape Architect: Gee & Jenson 20. Site Planner: Gee & Jenson 21. Civil Engineer: Gee & Jenson 22. Traff~c Engineer: Pinder Troutman Consulting, Inc. 23. Surveyor: Avirom MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) cop~es, unless otherwise indicated: (please check) X a. This application form X b. A copy of the last recorded warranty deed. X c. The following documents and letters of consent: (1) If the property is under joint or several ownership: a written consent to the application by all owners of record, (2) If the applicant is a contract purchaser: a copy of the purchase contract and wdtten consent of the owner and seller, and X (3) If the applicant is represented oy an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (4) if the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and (5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. X d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale City (>f Boynton Beach LAND USE AMENDMENT AND/OR REZON lNG APPLICATION Page 4 prescribed by the Planning Division and containing the following information: X e. Xf. Xg. (1) An accurate legal'description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth(l/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Aisc refer to Page 6. Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following cdteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: 1) Whether the proposed land use amendmentz'rezonlng would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. 2) Whether the proposed land use amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. 3) Whether changed or changing conditions make the proposed land use amendmentJrezoning desirable. 4) Whether the proposed land use amendmentJrezoning would ce compatible with utility systems, roadways and other public facilities. 5) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. City.of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the proposed land use amendmentJrezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zomng, which will include: (1) A comparison of the poterr[ial square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. (2) A statement of the uses that would be allowed in the proposed zoning ordevelopment, and any particular uses that would be excluded. (3) Proposed timing and phasing of the developmen;~. (4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an anatysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. la) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days pdor to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. lb) For projects that generate between five hundred (500)'and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. City*of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 6 NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application, For parcels largei' than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the prevision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopt_ed by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection systerfl shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected populatior under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for m~n~miz~ng land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Aisc. statements concerning the height, orientation, and bulk of structures, setbacks from properly lines, and measures for screening and buffedng the proposed development shall be provided. At the request of the Planning and Development Board or City Commission. the applicant shall also state the type of construction and architectural stytes that will be employed in the proposed development. (10)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. (b) Existing and proposed grade elevations. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas school sites, and other public improvements or dedications as may be required. (11)For rezonings to planned zoning districts: the specific requirements for submission of applications for rezoning to such districts shall also be satisfied Furthermore. all materials require(~ for a subdivision master plan shall also be submitted. Ill. (12) VVhere conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) pdor to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. City ef Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 8 V. CERTIFICATION (I) (VVe) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and Zoning Board. (1) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. VI Signature of Owner(s) or Trustee, or Authorized Principal if property Is owned by a corporation or other business entity. AUTHORIZATION OF AGENT Date ~ent (I) ONe) hereby designate the above signed person as (my) (our) authorized agent with regard to this application Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date EXHIBIT 4 City Codes Acce, ss~d v/~ Wcbsit~ www.bovnt~., ocach:or va~w. amlegaI.com/bo2,.__ ~ __ HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE: CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. GENERAL INFORMATION Pr~e~Name: Krispy Kreme - Boynton Beach Blvd. Type of Application (check one) X a. Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezoning only Date this application is accepted (to be filled out by Planning Division) Applicants Name (person or Business entity in whose name this application is made) Krispy Kr~e of South Florida, LLC Address: 4225 Genesee Street .~uf falo, NY 14225 (Tip Code) Phone: 716-634-2121 FAX: 716~34-6059 Agent's Name(person, ifany, representingapplicant Gee & Jenson c/o Scott Barber Address: One_ Harvard West Palm Beachr FL 33409 (Zip Code) Phone: 561-515-6641 FAX: 561-515-6502 City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 2 6. Property Owner's (or Trustee's) Name: See Exhibit "A" Address: (Zip Code) Phone: FAX: Correspondence Address (if different than applicant or agent)' *This is the only address to which all agendas, letters, and other materials will be mailed What is the applicant's interest in the subject ~arcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Contract Purchaser 9. Street Address or Location of Subject Parcel: Four parcels all k:e.i.na South of Boynton Beach Blvd. Having a ~iling addres~ of 633 NW 1st Ave.;3015 S. Ocean Blvd., Apt 4H; 1501 NW 2nd Ave. and 3015 So Ocean Blvd., No. 404 10. PCN (s) 08-43-45-29-01-002- (0071) and (0090) and (0101) and (0300) Legal Description of Subject Parcel: See Exkibit "B" 11. 12. 13: 14. 15. 16 Area of Subject Parcel (to nearest hundredth (1/100) of an acre: Current Land Use Category: Proposed Land LJse CaTegory: Current Zoning District: Proposed Zoning District: Intended use of subject parceh P¢~idential Commercial .62 acres R-2 C-2 F , , B~n3_t~ Shop with a dr~ve-thru City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 17. 18, Developer or builder: ;<~isp7 ~r_~e~e of South Architect: Peter Ausso t9. Landscape Architect: Gee & Jenson 20. Site Planner: Gee & Jenson 21. Civil Engineer: 22. Traffic Engineer: Gee & Jenson Pinder, Troutman Consulting, Inc. Avirom & Associates, Inc. 23. Surveyor: Il. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in b~o (2) copies, unless otherwise indicated: (please check) This application form. A copy of the last recorded warranty deed. ~/(1) ~(3) The following documents and letters of consent: If the property is under joint or several ownership: a written consent to the application by all owners of record, If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and C4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and / J (5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said perso~ has the delegated authority to represent the corporation or other business entity, or n lieu thereof, written proof that he is in fact an officer of the corporation. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: (1) An accurate legal description of the subject parcel. · City ef Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 4 (2) A.computation of the total acreage of the subject parcel to the nearest hundredth (11100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. Il h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete certified list of all property owners, mailing addresses, and legal descriptions for al! properties within at least four hundred (400) feet of the subject parcel as recorded in the latest officialtax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate· Notification of surrounding · property owners will be done by the City of Boynton Beach. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: 1) Whether the proposed land use amendmentJrezoning would be 'consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. 2) Whether the 2roposed land use amendment/rezoning woulc be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. 3) Whether changed or changing conditions make the proposed land use amendmentJrezoning desirable. 4) Whether the proposed land use amendment/rezoning would De compatible with utility systems, roadways and other public facilities. 5) Whether the proposed land use amendmentJrezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearoy properties. 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the proposed land use amendmentJrezoning is of a scale that s reasonably related to the needs of the neighborhood and the city as a whole. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: (1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. (2) A statement of the uses trial would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (3) Proposed timing and phasing of the development. (4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the ?aim Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days pdor to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by ~he City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezonlng, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. NOTE: Failure to submit traffic impact analysis m the manner prescribed above may delay approval of the application. (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand unless a registered engineer justifies different standards, Commitment to the prowsion of improvements to City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 6 the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (7) For parcels large¢ than one (1) acre, a comoarison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve developmem under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than:fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and s.~ecifications for site'lighting. Nuisances and hazards shall be abated or mitigated so.as to conform to the pe~ormance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. (lO)At the request of the Planning Division, Planning and Development Board, or Ci~' Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. (b) Existing and proposed grade elevations (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collectior and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or City.of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 - dedications as may be required. (11)For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. Itl. IV. (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. APPL [CATION FEES Fees shall be paid at the time that the application is submitted, according [o the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant as to the fees which are required. Ail fees shall be paid by check, payable to the City of Boynton Beach. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. EXHIBIT 5 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-222 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner(s): Location: File No: Property Description: Proposed change/use: Chairman and Members Planning and Development B°e~ar~// Dick Hudson, Senior Plarmerff. fi~ Michael W. Rumpf f~ Director of PIarming and Zoning December 1 O, 2001 PROJECT DESCRIPTION Krispy Kreme of South Florida, LLC Scott Barber/Gee & Jenson, Inc. Salvador and Norma Sentmanat, Anthony Mannino, August Vultaggio, Giuseppe Vultaggio and Pietra LoPiccolo Four parcels all being south of Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street). Hay/rig mailing addresses of 633 NW 1~ Avenue, 3015 S. Ocean Boulevard - Apartment H, 1501 NW' 2~d Avenue and 3015 S. Ocean Boulevard - No. 404. West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit A) Land Use Amendment/Rezoning (LUAR 01-008) Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed property, containing one duplex residential building and classified Medium Density Residential and zoned Duplex Residential [~R- 2). Total property to be reclassified and rezoned equals 0.62 acres. To reclassify the subject property from Medium Density Residential m Local Retail Commercial (LRC), and rezone l~om Duplex Residential (R- 2) to Neighborhood Commercial (C-2). The subject property will be combined with a 0.42 acre vacant parceI to the west, which is currently classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), to assemble a +1.04 acre site m be developed as a fast food restaurant with a drive through feature. Page 2 File Number: LUAR 01-008 Kr/spy Kreme Doughnuts Adjacent Land Uses and Zoning: North: Right-of-way of West Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service station (Texaco) to the northwest; to the northeast the intersection of Boynton Beach Boulevard and West Industrial Avenue and farther east, right-of~way of Industrial Avenue then developed property classified Industrial 00 and zoned Light Industrial (3/[-1) (the locations of Lloyds Auto Elec~ic and Foster Oil). South: Right-of-way of N'W Ist Avenue, then property classified Low Density Residential, zoned Single family Residential (R-I-A) and developed with single family homes. East: Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes. West: Vacant property classified Local Retail Commercial (LRC), zoned Neighborhood Commemial (C-2) and under ownership of the applicant. Farther west is developed property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Depamnent of Community Affairs and is not reviewed for :ompliance with the state, regional and local comprehensive plans prior to adopt/on. This amendment request presents a unique situation. The property is being assembled from property owned by six individuals. The western property consists of vacant land totaling +0.78 acre and is bisected from north to south into two land use classifications and two zoning districts. The western portion of approximately +0.42 acre is classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). The eastern portion equals approximately 0.36 acre, ts classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is a subject of this request. The +-0.26 acre parcel to the east is currently under separate ownership (Salvador and Norma Sentmanat) and is also a subject of this request. It is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is occupied by a duplex (two family) structure (See Exhibit "B"). The criteria used to review Comprehensive Plan amendments and rezonings are listed in Art/cie 2, Sect/on 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part ofa staffanalysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. V/hether the proposed rezoning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase tn dwelling unit density exceeding 50 in the hurricane evacuatton zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan· According to the ComprehensiVe Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: "The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commemiaI land through build- out. Therefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Furore Land Use Plan, except for m/nor boundary adjustments, small infill parcels, or commercial uses ora high/y specialized nature, which have special location or s/te requirements, and therefore cannot, be easily accommodated on akeady designated commercial areas." · This direction is repeated in Policy 1.19.6 of the Land Use Element. "The City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map m exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially- zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." The subject property is not located within the hurricane evacuation zone. Rather than increase residential densities, the requested amendment will reduce the total number of existing housing stock by two units. The request will add a total of +-27,000 square feet to the existing commercial node that exists on both sides of Boynton Beach Boulevard in this area and may be v/ewed as a minor boundary adjustment. It ~s not likely that any beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for commercial development while simultaneously providing adequate screening and buffering for the adjacent neighborhood. According to the applicant, the resulting commercially-designated parcel will add the necessary property to allow for greater circulation efficiency. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or wouM constitute a grant of special privilege to an individual proper~y owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would represent a minor enlargement of an existing commercial node. It would relate to the adjacent lands to the west, which are under the same ownership and to property both farther west and across Boynton Beach Boulevard that are already developed for Local Retail Commercial uses. The requirements for buffer walls between resident/al and commercial districts, coupled w/th the city's landscaping (e.g. barrier) requirements, ensure that impacts of commercial developmems on residential developments are ameliorated. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d Whether theproposed use would be compatible with utility systems, roadways, and other public faciliti~. The parcels, which are the subject of this land use amendment, total 0.62 acre. Only applications involving parcels larger than one (1) acre are required to include comparisons of water demand and sewage flow estimates. The Palm Beach County Traffic Division has reviewed the traffic study for the entire project and has determined that it meets the Traffic Performance Standards of Palm Beach County. The Traffic .Division Engineer recommended that the City "review traffic operations at the project access driveway, with emphasis on left-tums in and out of the site. The forecasted peak hour volumes indicate the need for provision ora westbound left-turn land on Boynton Beach Boulevard onto the site. Also, adequate safety measures should be considered to accommodate left-tums out of the project site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated January 6, 1999, that adequate capacity ex/sts to accommodate the county's municipal/ties throughout the 10- year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, at which time compliance with all requirements of the city and local drainage permitting authorities must be demonstrated. Whether the proposed rezoning would be compatible with the current and fi#ure use of adjacent and nearbyproperties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacent properties to both the north and the west. The buffering and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen any negative effects the commercial development would have on the existing residential development. f. Wh~ther the property is physically and economically developable under the existing ~onlng. As stated above, it is doubtful that any beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for commercial development without leaving minimal land available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential development. The eastern-most parcel is currently developed with a duplex dwelling. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of ibe neighborhood and the city as a whole, Page 5 File Number: LUAR 01-008 Kr/spy Kreme Doughnuts The subject rezoning and subsequent use of the property would represent a positive contribution the commercial corridor of Boynton Beach Boulevard. h. l~2'hether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed There are a number of sites elsewhere in the city where the development of the proposed use would not necessitate a land use amendment and rezoning. These locations may not afford the proximity ro a state road (Boynton Beach Boulevard-SR804) or an interstate high~vay (1-95) that this location provides. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not · create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; w/Il be compatible with adjacent land uses and will contribute to the overall econormc development of the City. Therefore, staffrecommends that the subject request be approved, with the acknowledgement that buffering and other design requirements intended to maximize compatibility with adjacent uses and traffic related comments will be applied at time of site plan/conditional use review. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS LOCATION MAP EXHIBIT "A" 400 0 400 800 1200 Feet PROPERTY MAP ~OXNTON'~ J~F_~ _H . EXHIBIT "B" · 'r -95'. .. AVENUE · ~q' L...S< T. :? EXHIBIT 6 PLANNING AND ZONING DfPARTMENT MEMORANDUM :94-160 SITE PLAN RBVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CiTY COMMISSION COMMUNITY REDEVELOPMENT ADVISORY BOARD COMMUNITY REDEVELOPMENT AGENCY June 7, 1994 DESCRIPTION OF PROJECT: Project Name: Applicant: Agent: Location: FileNo.: Augy's Restauramt Plaza Anthony Mannino and Joe Vultaggio Augy Vultaggi~ 640 W. $~ynton Beach Boulevard NWSP ~94-003 Land Use Plan Designation: Zoning Designation: Type of Use: .Number of Units: Square Footage: Neighborhood Commercial C-2 Restaurant plus undefined commercial space N/A site: 34,277 sq. ft. Buildimg: 6,623 sq. ft. Surrounding Land Uses and Zoning District: North C-2 - BoynLon Beach Boulevard with a Texaco gas station across the street {farther north} South R-lA - Single-family houses across N.W ist Street East C-2 and R-2 - Approach to 1-95 on north and apartments on south of lot C-2 - Commercial (medical office~ building is vacanE and has West Existing Site Characteristics: The property little ground cover or landscaping. Proposed Development: A new 6,623 square foot building consisting of a 2,888 square foot restaurant and 3,775 square feet of commercial space still 5o be determined, along with sl~e improvements, Eo be built on vacant land (34,277 square feet) au 640 W. Boyn=on Beach Boulevard; south side of Boynton Beach Boulevard across the street from the Texaco gas station a~ IndusTrial Avenue and Boyn~on Beach Boulevard. Concurrency: Concu=rency certification is requi=ed as pare of site plan approval of the projecT. Commercial projects require certification for traffic and drainage levels of service only. a. Traffic - The Palm Beach County Traffic slvision has determined that the project mee~s the Traffic Performance Standards of Pal~ Beach county. b. Dralnage The City of BoynTon Beach Engineering Dep~r~ment has indicated approval of drainage when 'drawings are revised ~o address their commenus. / Site Plan Review ~94-160 Page 2 of 2 Driveways: Two, nwo-way drives are proposed. One of the two-way drives (north side of property) provides access onEo SR 804 (Boynton Beach Boulevard) and zs restricted to right 5urn only, into and OUt of the driveway. Due to an existing median within Boynton Beach Boulevard, no access from, or no, eastbound lanes is able to be made directly from this site. The-second, two-way drive provides access to and from N.W. '1st Avenue (south side of property). Parking Facility: Fifty (50) parking spaces are provided ~48 standard and two handicap). The city code requires 48 spaces, two of which muss be handicap. Landscaping: The applicant is prgviding perimeter and parking site landscaping per code. Please. see landscape plan. Building and Site Regulations: The site is located in the C-2, Neighborhood CommerciaI, zoning district and conforms to the dietrich requirements. The "yet TO be determined" retail space must be reviewed'against code requirements at time of occupant selection. Community Design Plan: The site is located in the Mediterranean Spanish Design District. The building meets the Mediterranean District requirements. Signage: signage is shown in Exhibit "A" and meets the sign code requirements. REVIEW OF DEPARTMENTAL COMMENTS: Below is a list of those departments that have comments regarding this request. Public Works Utilities Fire Police Engineering Building Parks & Recreation Forester/Environmentalist Planning and Zoning A '-_C ME ORANDUM NO Comment NO Comment No Comment No Comment Memorandum No. 94-145 Memorandum No. 94-116 No Comment No Comment Memorandum dated June 7, 1994 The Engineering Department's comments can be me5 on building permit application drawings nose that Palm Beach Counzy Traffic Engineering has approved the revised traffic statement. Similarly, Building, Forester, and Planning and Zoning commenss can be met on building permit application drawings. EC M-~ ,DA ON $ : NOTE: The Planning and Zoning Department recommends approval of this site, plan request, subject to the permit plans for the project being amended To show compliance with staff comments and the applicable City of Boynton Beach Code of Ordinance. a:memo94-160 a:STAFFREP..p&D ~ ,< C Z ENGINEERING DEPARTMENT MEMORANDUM NO. 94--1~5 TO: FROM: DATE: RE: Tambri Heyden Planning & Zoning Director Vincent A. Finizio Deputy'City Engineer May 17, 1994 Technical Review Committee Comments Angy's Kestaurant Plaza (2nd Review) Planning Department File No. NWSP 94--003 The Er~gineering Department for the City of Boyn=on Beach, Florida is in receipt cf the amended plans for the 2nd review of the above referenced project. The City Engineer has requested that I correspond with you and notify you of uhe following: t. Reference Engineering Departmenn Memorandum No. 94-117, dated April 20, 1994 with attached Lawson, Noble & Associaues, Inc. memo dated April 18, 1994, the applicant has not complied with City Engineer's comment #1 and shall therefore depict upon plans a break in curbing to allow drainage conflict in curbing length between civil/architectural plans at the parking facility's southeast corner. 2. Commenn %2 of the City Engineer's memo regarding an inlet located in conflict with a live oak tree on plan sheet A-2 has not been resolved by the applicant. Additionally, I herein forward to you a May 10, 1994 letter from Mr. Dan Weisberg, P,E., Senior Registered Civil Engineer with Palm Beach County Traffic Division indicating that ~he County has several technical problems with the study. As a condition of approval, the Engineering Department recommends that this issue be resolved prior to this pro3ect moving forward to the reviewing Boards. The amended plans for 2nd review are herein returned pursuant Ciuy policy. inment A. Fi~zio "--- VA~/ck C: AUGYREST. TRC xc: Rou Last, P.E., City Engineer attachment: PBC May 10, 1994 letter from Dan Weisberg, P.E. EXHIBIT 7 MEETING MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 26, 2001 AT 7:00 P.M. Present Lee Wische, Chairman Steve Myott, Vice Chairman Robert Ensler Mike Fitzpatrick Woodrow Hay Maudce Rosenstock Edward Currier, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning and Zoning Director Dick Hudson, Senior Planner Lusia Galav, Principal Planner Absent William Cwynar I. Pledge of Allegiance Chairman Wische called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance to the Flag. II. Introduction of the Board Chairman Wische introduced the Board members. Assistant City Attorney David Tolces, members of the Planning and Zoning Department staff, and the Recording Secretary. He also introduced Alternate, Mike Friedland, who was in the audience. III. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda as written. Mr. Hay seconded the motion that carried unanimously. IV. Minutes Approval Motion Mr. Hay moved to approve the minutes of the November 27, 2001 meeting as written Mr. Ensler seconded the motion that carded unanimously. V. Communications 8, Announcements A. Planning and Zoning Report Mr. Rumpf reported on the following action taken by the City Commission at the December 4, 2001 meeting: Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 1) 2) 3) Catvary Chapel Site Plan approval Calvary Chapel annexation approval Bible Church of God conditional use approval for daycare center Action taken at the December 18, 2001 meeting: 1) 2) 2n* reading of ordinance on land use plan amendmen! and rezoning for the elementary school on South Congress Avenue lS' reading of ordinance on annexation land use and rezoning for Calvary Chapel project Assistant City Attorney Tolces administered the Oath to all persons who would be testifying. VI. Old Business A. Public Hearing Land Use AmendmentJRezor ng Project Name: Agent: Owner: Location: Description: KRISPY KREME Scott BarbedGee & Jenson Krispy Kreme of South Florida, LLC South side of Boynton Beach Boulevard (SR804) approximately 1,500 feet east of NW 7t~ Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue Request to amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.68 du/ac) to Local Retail Commercial and; to rezone from Duplex Residential (R-2) to Neighborhood Commercial (C-2). Conditional Use/Site Plan Project Name: Agent: Owner: Location: Description: KRISPY KREME Scott Barber/Gee & Jenson Krispy Kreme of South Florida, LLC (see above) Request Conditional Use/Site Plan approval For a 4,680 square foot fast food restaurant with drive-through feature. Mr. James Miller, appearing on behalf of the RHS Corporation, asked for a point of clarification on a procedural problem before beginning the proceedings. Mr. Tolcas stated that Mr. Miller could raise the point during the public hearing. 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 Dick Hudson, Senior Planner, summarized the staff comments on the project. He noted that the project was unique in that it was being assembled from property owned by six individuals and would be developed as a fast food restaurant with a drive-through feature. Some of the propeCcj, is vacant land covered by two land use classifications and two zoning districts. Part of the property is occupied by a two-family duplex structure. Mr. Hudson pointed to the location of the subject parcels on a map displayed on the wall. He advised of Staff's determination that the project was consistent with the intent of the Comprehensive Plan, will not create additional impacts on the infrastructure that have not been anticipated in the Comprehensive Plan, will be compatible with adjacent land uses, and will contribute to the overall economic development of the City. Staff recommends approval of the project with the acknowledgment that buffering and other design improvements to maximize compatibility wit~ adjacent uses and traffic-related comments will be applied at time of site plan/conditional use,approval. If the Board wishes to add any additional conditions, they will be included as Exhibit C when the project goes forward to the City Commission. Michael Weiner, Attorney for Dynamic Doughnuts Florida Realty, Inc., stated that he understood that they would be addressing item 6.A(1) and 6.A(2) at the same time. Mr. Weiner noted that the combined staff c~mments amounted t~) 20 different criteria against which the project was measured, and after all of Staff's deliberations, the conclusion was that the project was appropriate and would actually better the community. Mr. Weiner introduced the representatives who might be speaking, including Bruce Chatterton, an expert in land plann ng and Peter Russo, an architect with Metro Design. He submitted Mr. Chatterton'sresume for the record. Also present were Gene BattaglJano, Vice President of Constructon; Steven Gaosch Site Plan; and the property owners Mr. Mannino, Mr. Vu taggio, MrS. LoPicColo, and Mr. & Mrs. Sentimanat. Mr. Wemer commented that there were three considerations. The first was a change to the Comprehensive Plan, the second was a zoning change, and the third was a conditional use. Chair Wische asked Mr. Weiner what his position was regarding the twenty Staff comments on item 6.A.(2). Mr. Weiner said they had no problems with Exhibit "C". Conditions of Approval. Mr. Weiner introduced Steven Gaosch, a licensed engineer, to comment on /he Site Plan. The Site Plan has a proposed traffic flow into and off the site that meets local and Palm Beach Codes, including the turn lanes and a new [raffic light at the entrance that has been aligned to West Industrial Avenue. It features a fifteen-foot ingress lane with a five-foot landscape median and two egress lanes, eleven feet wide each. Their off-street parking and loading zones meet or exceed the City's Code. Their service area is located in the southwest corner of the site and is enclosed by a masonry stucco wall and will be buffered by landscaping. The water and sanitary sewer utility has been vedfied and proper service is available for the site. Screening and buffering and landscaping has also been considered. To the south and east the residential area is buffered by a three- level system of trees for upper canopy, a six-foot masonry wall for intermediate buffering, and a hedge for lower-level buffering. 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 The traditional signage and neon lighting has been modified to improve the site and not impact the adjacent areas. The audio porfion of the menu board has been turned to face towards the west so it does not impact the residential areas. All required setbacks have been met and the site has 18% of open space. The exterior design has been modified to blend with the surrounding Mediterranean-style influence. Building height is being reviewed to come into compliance with the 25-foot height restriction. They will be employing between seventy-five and ninety persons from the community and will use local service firms for air conditioning, plumbing, and electrical maintenance. Mr. Weiner commented on an obligation on the part of the applicant to put in a street light and left- hand turn lane for neany $100K in improvements to the intersection. It will now De safer than ever before and is a firm condition of approval. Bruce Chatterton, Chatterton Consulting, stated that his planning analysis revealed that the project was consistent with the intent of the Comprehensive Plan and with specific Plan policies. He had read the Land Use element and found the proposal to be directly in keeping with eleven specific Plan policies. The Land Use element addresses the proper pattem for uses and the zoning pattern. To the west of the site there were over 1,300 linear feet of existing C-2 zoning. The existing R-2 zoning was, in his opinion, a left-over from the past that reflected somewhat outdated thinking about zoning. He said this was common all over the state of Flodda where there were strip R-2 zoning (duplex zoning) which has been applied ~n a s~milar situation. If the R-2 designation remains on the site, there would be more of the same, that is, duplex rentals. In his opinion this provided a poor transition and buffer between Boynton Beach Boulevard and the single-family neighborhood to the south. A better choice would be a C-2 district, which is designed to be compatible with the adjacent residential. Every neighborhood needs an eege that gives it an identity. Only rarely do duplex rentals provide this edge. It is much more common for high quality commercial to form the edge. With generous open space, setbacks, buffer yards, this proposal is an opportunity to better define the edge and improve on the zoning pattern, which is consistent with the Land Use Plan. His opinion as a professional planner is that the proposal is compatible with the surrounding uses and consistent with the Comprehensive Plan. Mr. Weiner noted that he had just been handed a document entitled "Legal Basis to Deny Krispy Kreme Development with Viable Alternative Proposals A & B" submitted on behalf of SOS (Save our Street) by Reginald G. Stambaugh, Flodda Bar Board Certified Real Estate Specialist. Mr. Wiener asked and was granted a five-minute time period for rebuttal at the end of the Public Comments section of the meeting. Various Board members expressed senous concern that they had been "blind-sided" by the referenced document and that they did not have enough time to study it. They questioned whether the attorney or Planning & Zoning had sufficient time to study it as well. Assistant City Attorney Tolces advised that he had called Mr. Stambaugh's office earlier in the day and asked him to provide information on the issues that were going to be raised. He also did not receive the document until this meeting began Later in the meeting Mr. Stambaugh gave a brief presentation of the contents of the document and apologized for the "eleventh-houF' delivery of the document. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 Assistant City Attorney Tolces mentioned that the document took issue with the posting requirement, saying that it had not been done properly. He said lhat the notice requirement only applied to the Site Plan application itself. With respect to the rezoning and the land use amendments, the posting did not necessarily apply. With respect to the Site plan issue, he believed there was a posting on the property, as evidenced at least in part by a photograph attached to the document. Michael Rumpf, Planning & Zoning Director, stated that it was the habit of the Planning & Zoning Department to make sure that signs were placed in the vicinity of the project or on the site. Many projects have numerous parcels and their intention is not to post signs on each and every parcel but actually on the property where it gets the greatest exposure to the passing public. The second point in the document was that the application was deficient on its face. Mr. Tolces had not necessarily reviewed the application for the rezoning but the justification may be contained in the application He deferred to Mr. Hudson or Mr. Rumpf to respond to the justification that was provided. On the third point that the rezoning criteria had not been followed and the citation "Whether the proposed property is physically and economically developable under the existing zoning", he thought this more of a legislative or judicial question for the Board to consider in making its recommendation to the City Commission. Mr. Rosenstock wanted to know if there had been a violation as alleged in Mr. Stambaugh's document. Mr. Tolces said that the document had peen provided to the Recording Secretary and was included in the record and the Board was free to weigh any evidence or arguments presented in it. Mr. Stambaugh stated that the document contained argument on facts that had already been submitted. CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. James Miller, on behalf of RHS Corporation, stated that it appeared that the original application had been modified from the one that came before the Board in October. He referred to the letter in the agenda packet that was from the attorney for the Petitioner dated November 21, 2001. He stated that the letter referred to providing modified information pertaining to the applications previously submitted. He referred to the specific changes from the original application. He asked that the Board look to its own regulations, Section 9 of the Administration and Enforcement Comprehensive Land Plan Rezoning, where it stated specifically that the changes on an application cannot incorporate larger changes to zoning of the building nor increase In zoning withoul having to provide a new application. It specifically provides under that section that the application can be amended by modification if asking for lesser or decreased impacts. In this case, three times the land and another 10% increase in the building were involved. Under these rules this application cannot be considered at this time under these rules but would require the Petitioner to either 1) continue the hearing using the original application as submitted in October or; 2) withdraw the existing application to provide for the fulfillment of all the requirements. When the land size increased, the criteria for the application increased as well. It could not be treated as an existing application. The only justification on file currently is the justification for the 4.26 acres. Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 There is no modified justification statement filed i~ dealing with a larger parcel so it is incomplete on that basis. Also, it does not address the sewer flow and water flow requirements that are required for the larger parcel. The application fails to state the number of employees that would be incorporated in the project, although it was stated at this meeting. Based on ail of these criteria, he wanted to know if the Board was treating this as a new application or a modification of an existing one. If the latter, he believed it would be in contravention to the City's own rules. Mr. Rumpf said that staff accepted the application in existing and revised formats as being sufficient. They do not process applications that they feel are insufficient. In every case the staff conducts a thorough analysis. Staff understands that a new, revised application was submitted. The original applications that were submitted were based upon the zoning map which Staff later determined was inaccurate. They felt that the boundaries had been drawn inaccurately. Upon finding that, Staff advised the Petitioner that the application needed to be revised. New notifications went out to the newspaper and property owners, which accurately reflected the accurate information. Mr. Myott asked for background on Mr. Miller's corporation. He also asked for a summary description of exactly what the problem was concerning this proposal. Mr. Miller stated that his client owns the commercial property to the west. The two parcels to the west, although they are zoned C-2, actually are professional buildings in which there are doctors and dentists as tenants. They shut down at 5:00 p.m. and have very little impact on the residents or proper~y values. This proposal calls for operating a drive-through restaurant which would be open 24 hours a day and would have an impact on the traffic flow, noise, and a detrimental impact to the properzy values of the adjoining properties. It also does not provide a buffer, as C-1 does, between Boynton Beach Boulevard and the residences that are behind it and to the east. Mr. Myott asked if he was representing the residents who lived nearby and the commercial establishments. Mr. Miller stated that the commercial property owners to the west retained him. They also feel that this piece of property is developable. The residents of the duplex improved their property in 1996 by adding a bedroom and bathroom. In 1998 they added a new fence. In order to change the zoning you have to find that it is not consistent; in fact, it is consistent. This leaves the other parcel where you have to ask whether it is buildable or not. Staff recommended in 1994 a plan to build a restaurant with different hours and without the drive-through on that particular site without including the additional duplexes. There was no objection made at that time about that type of site. That evidenced to him that the property as it exists is usable and developable without using the duplexes beside it. Mr. Myott thought he was saying that the rea] problem was that building a fast- food restaurant would reduce the properzy values to the west. Mr. Miller agreed. When you have a property that has a tax appraised value of $80K and you have a contract in which you are going to pay that property owner $250K for property that is only worth $80K, you can see that there must be a significant increase because of the commercial use. This is counter-balanced by the detriment that the other residents that remain, and aren't getting this benefit, will be bothered by the increased traffic count at all hours and the noise. Mr. Rumpf stated that there was a statement that there was inadequate data analysis when the application was amended and it exceeds one acre. If one reads the Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 application material requirements, it calls for sewage and impact on public facilities when the project exceeds one acre. The Land Use amendment that this applies to is not in excess of one acre. The portion that is being rezoned is less than that so it is not applicable. Mark Roberts, D.D.S., 650 W. Boynton Beach Blvd. stated that the issue of the amended application had been addressed. He handed out something showing what the law stated and asked the applicant if his attorney's letter was correct when they said it was an amended application. Mr. Welner's letter clear y 'nd'cares that ~t is an amended application Based on the fact that it is amended, Dr. Roberts believed they should withdraw their application or proceed with the original application, according to the City's own law. Mr. Myott asked Dr. Roberts what he hoped to gain by having it recognized that the application is amended and have the project postponed another month. Dr. Roberts stated that he had not received the documents from his public record request until late in the day on Friday, December 21, when the City responded with hundreds of pages of documents. He went back to the City on Monday and they were closed. He had r~o notice of site plan approval until he saw a s~gn that had been put up over the weekend. He did not have the ability to review the information. He had not had time to hire a professional to determine the differences between the original applications and the amended applications. Since Monday and Tuesday were holidays, he had effectively received iess than ten hours' notice, Mr. Rosenstock called attention to the fact that the Planning & Zoning Board was made up of lay people. Even though it was a quasld'udicial Board, they were not attorneys or judges; therefore, if any of the members of the audience, whether pro or con, have technicalities that may be of a judicial nature, there are court reporters in the room that are recording every word that is being said. It is recumbent upon the Board to make a decision based upon the Codes of the City of Boynton Beach as they knew them and as recommended by the Planning & Zoning Staff. Various people have made valid points but [et them take that up with the Court system if this project is eventually approved. The Board's job was to determine whether this project meets the criteria of the City's Codes. He suggested proceeding on that basis. Dr. Roberts said that this proposal for a Land Use change was not consistent with the Objective 1.17, 1.196, or 1.17.1 of the Comprehensive Plan. The Land Use Plan states that the City already has enough commercial land that will accommodate all future commercial land with the buildout. The only time you can do a land use change is with minor boundary adjustments, small infill parcels, and commercial uses of highly specialized natures that have special location requirements. Policy 1.196 says the City shall not allow commercial uses unless a particular property is unsuitable for other uses or other geographic needs exist which cannot be fulfilled by the existing commercial. The existing use can be used because there is already a house on it so it is already being used as a residential property. The first requirement that it be consistent with the land use is not met. The second is that in the City's Staff report they show that there are sufficient other properties throughout the City where Krispy Kreme can be built on 7 Meeting Minutes Planning & Development Board E~oynton Beach, Florida December 26, 2001 commercial property. For the Board to grant this, it would be granting Kdspy Kreme a special privilege since it was not consistent with the recommendations. Dr. Roberts wished to continue but. Chairman Wische asked him to submit anything further to the Recording Secretary for the record. Mr. Myott asked if he felt that the construction of the project would limit the visibility of signage or any other matter relative to his dental practice.'? Dr. Roberts said he was not opposed to the vacant piece of land being used by Kdspy Kreme and felt it was appropriate. He felt it was inappropriate to take an existing residential piece of property and tear it down. He thought.that ~ncreasing the size of the property would cause additional traffic to the property. Mr. Reginald Stambaugh apologized to the Board rot presenting them with information as the meeting was starting. He explained the reasons this had happened. He gave a summary of his arguments. 1) S~aff's report said there are alternative sites. 2) He compared this Kdspy Kreme site to another Krispy Kreme site to see if Wispy Kreme could use a smaller building. The comparison shows that the Site Plan that Kdspy Kreme has on file in the City of Gainesville, where Mr. Stambaugh reviewed their Site Plan application (a copy of which was submitted into the record this evening), has a building with a smaller number of square footage. His point was that there are alternatives. The current scenario looks at the rezoning of two residential properties. They do not need to be made. The square footage requirement is only 1,000 feet less if you consider the commercial in and of itself. Two alternatives would be to: 1) Downsize the Krispy Kreme to be in line with their smaller property in Gainesville and eliminate the drive-through. 2) Just use the vacant property. This would give in excess of 14,000 square ~eet of land to build on in comparison to the Gainesville property. That is much more than is necessary based on that use. Both of these alternatives could be accomplished without tearing down a residential building. He took issue with the testimony given previously [hat R-2 was a bad step- down. He thought it was a good buffer to step down from residential to C-2 and it was not even a real, contemporary C-2 situation. This was almost like a light C-4 where they are producing all the doughnuts for export. He wanted the Board to look at some viable alternatives. Terry Jones, 656 N.W. Ist Avenue. was extremely upset about having the 24/7 Kdspy Kreme project near her residence. She, and the other neighbors, already had to contend with the Waffle House, which is very noisy at night. She had lived in the area for over 20 years and was very unhappy that the City would consider putting a Krispy Kreme across the street from where she lived and was trying to raise her children. She said that people stand outside the Waffle House and carry on at all hours of the day and night and that Kdspy Kreme would be the same. She was concerned about the proper~y values if this project goes through. 8 Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26, 2001 Robert Feldman, owner of Clear Copy, spoke in favor of the Krispy Kreme project. He had been at that location for three years and noted that Dr. Roberts had been in litigation with the owners of the. professional building for three years and had been In court a number of times. Mr. Feldman had lived in Boynton Beach since 1974. In his opinion, when Staff recommends a project, the City of Boynton Beach should do all it could to help the developer do it right so business could be brought to Boynton Beach. He thought that it was a great project. Considering the proximity of 1-95, he did not think that anyone would put a residential development on the land Cars will come into Krispy Kreme, stop, get their doughnuts, and get back on 1-95. He thought it was a commercial piece of property and that the City should help the developer get started. Beatrice Baptiste, 2720 Shipping Avenue (stP, ear) Coconut Grove, Miami, FI 33133 stated that her m(~ther lives ~t 629 N.W. 1 Avenue. She stated that her mother's property would be facing the parking lot, the dumpsters, and the traffic and that a wall and trees would not screen everything. She thought it would increase crime, bring unwanted noise, and lower property values. She stated that most of the residences were owned by private individuals and were not rentals. John Johnston, 708 N.W. Ist Avenue, stated that he lived on the comer of 1~ Avenue and 7TM Street, on the other side of the printing company. He commented that a business that is open 24/7 does create noise and that his neighborhood was the noisiest neighborhood he had ever lived in He had lived there since 1977 and seen the neighborhood become very, very noisy. Between the Waffle House, which is open 24/7, and a dumpster the City picks up between 5:00 and 6:00 a.m., burglar alarms going off in the parking lot, and beer bottles being thrown over the wall, it is very noisy already. He has a wall between the Waffle House and his house and they also have a ten-foot high hedge. Still, people throw trash and beer bottles over it. When the bars close, where do they go? They go to places that are open 24/7 at 2:00 to 3:00 in the morning. He has trouble sleeping unless he turns on the air conditioner and shuts the windows. Marsha Johnston, 708 N.W. 1st Avenue, stated that there was constant traffic with the Waffle House being open 24/7. There were semis that came down their street since they had no place else to park. She stated that the wall did nothing to keep the noise from coming in. People are drunk, belligerent, and very noisy. Assistant City Attorney Tolcas administered the Oath to Mr. Stanley. John Craig Stanley, 640 N.W. 1st Avenue, stated he had lived in the area for 21 years and had fought against Augy's Restaurant six years before. He felt sorry for Mrs. Baptiste who would be stuck right next to the proposed project. He was in favor of a smaller version af Krispy Kreme that would not involve tearing down any residential property. He would be in favor of a project about the size of Wendy's and one that would not be open 24/7. He asked that the Board consider the neighborhood and not give what amounted to a special privilege to the owners of the duplex that would be tom down to make room for the proposed project. Chairman Wische advised the audience that regardless of the recommendation that this Board made to the City Commission, the final decision rested with the Commissioners. 9 Meeting Minutes Planning & Development Board Boynton Beach, Flodda December 26, 2001 CHAIRMAN WlSCHE CLOSED THE PUBLIC HEARING. Mr. Myott addressed the residents, saying that it had taken a long time to get to the point of how the residents felt. He stated that the residents had made a good point and that the residents needed to let the Commissioners know their feelings up front and be a little more organized about it. Mr. Ensler stated that he listened to the arguments and that ne had focused on item (e.) in the Staff Report on the Land Use Amendment/Rezoning, where it spoke of compatibility with the current and future use of adjacent and nearby properties and whether it would affect the property values of adjacent or nearby properties. In Mr. Ensler's mind, the Board represented the residents of the City. He did see this as affecting the residents. Based on those criteria; he saw no way other than to oppose it on the basis of the effect of the project on the residential properties. Mr. Weiner, claiming his five minutes for rebuttal granted earlier, stated that on posting the signs, the attorney for the Cityadvised that they had been posted properly. Also, on the modification, he pointed out that the Ordinance begins .... "after notice of public hearing has been published or notification mailed to the surrounding property owners..." He suggested that Dick Hudson would confirm that they had given him an amended application and then ater they re-noticed this hearing; therefore, all modifications and changes were made before there was any kind of notification to the public. Mr. Weiner noted that while he had sympathy for the residents, zoning was not a popularity contest. At the Board's request, Mr. Weiner clarified a few key items. 1) What is the comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development? You can get up to 5,000 souare feet of dwelling area. In this case you are only going to have about 4,300 square feet so we are not really increasing the building size under the r~ew zoning. 2) What useswould be allowed under the proposed zoning as opposed to what is presently there? Right now it is duplexes and schools and private day care facilities and it is C-2. 3) What is the proposed timing and phasing of the project? If they get the permits and approvals it will be up and going in about six months. 4) Is the proposed land use amendment/rezomng consistent with your Comprehensive Plan? They had given a lot of testimony on it. They had an expert on the area speak about it. It meets all of the Comprehensive Plan requirements and the City staff confirms it. Staff also says that the City will get dd of sub-standard housing. 10 Meeting Minutes Planning & Development Board Boynton Beach, Florida December 26. 2001 Attorneys cannot testify on good zoning practices. He himself had not testified about it but had an expert witness instead. They feel they have met the burden of proof on the Comprehensive Plan. 5) Is the proposed land use amendment/rezon~ng contrary to the established land use pattern? Just the opposite was true. Just like the City's Comprehensive Plan, they are looking at edges and borders. There are 165K cars passing on 1-95 in any given day. They couldn't possibly be nosier than 165K cars. There were already hundreds of linear feet of C-2 in the area. The residents moved there knowing they were going to be living near a ramp that sees 165K cars a day. 6) Do changed or changing conditions make the proposed land use amendment/rezoning desirable? Yes. There is already a small piece zoned C-2. They could go in there or someone else could go in there and put in an automobile parts store, beer and wine sales, restaurants, taxicab offices, grocenes and food stores of less than 10K square feet. What has happened over a period of time is that the building regulations have increased in scope. Now there must be room for additional parking, more landscaping, more open space, and drainage. It is no longer possible to build something on a piece of land the size of a postage stamp. Ask the Planning & Zoning staff where they have more control - when an applicant comes before them who will put in more parking, a stop light, a left-hand turn lane, and new safety items or someone who comes before them with a site plan only. Mr. Weiner entered a document entitled Answers to Justification Statement into the Fecord. Comments from Board Members Mike Fitzpatrick addressed the residents, saying he was very familiar with their neighborhood. When he was a boy he would ride down Ocean Avenue and take a launching ramp across the railroad track. When he was in Cub Scouts he sold g,adiolus to build a Scout Hut. He saw the football game between Kansas City and the Dolphins at Dorothy Scarwell's house. Where is his launching ramp now? It has been bulldozed for t-95. Where is the Scout Hut? It was bulldozed for racquetball courts and now bulldozed for an arts and activity center. Where's Dorothy Scarwell's house? It was bulldozed for the Waffle House. He sleeps in a house about 24 feet from the southbound lane of Seacrest Boulevard so he understood noise 24/7. Nevertheless, they were living in a City, which he agreed was getting a little uglier every year. He understood community values. He was the main person involved in getting Kid's Kingdom built. If we don't put it there, where are we going to put it? This is the best place for a commercial development. He didn't care about processed flour, sugar, and grease and wouldn't eat there, but it was next to an on-ramp to 1-95. Boynton Beach Boulevard is a major artery in Boynton Beach. This is a commercial area and it has been going commercial since he was a boy. He understood "Not In My Back Yard" but stated that this was a commercial area. 11 Meeting Minutes Planning & Development Board Boynton Beach, Florida December26,2001 Mr. Hay asked about the alternatives. He asked about the traffic impact and whether a traffic study had been made. Mr. Rumpf stated that they could talk about alternatives if they wished. A traffic study was done and comments generated and incorporated into the Conditions of Approval. If they are met, the County's ordinance for traffic standards would De satisfied. Chairman Wische was asked whether he would like to live next to this project. He commented that he was Chairman of the Board for Leisureville, where there are 4,000 people. They fought Tradewinds because they were going to buy 600 acres adjacent to Leisureville. They were going to ruin Leisureville and all the other adjacent properties. He does live next to them but they didn't ruin it. Everyone in Leisureville now goes to the Home Depot, Burger King, and all the other places there. They fought them so hard that they had to go to Court and Tradewinds won. They won because they met all the Codes and Ordinances and the simple sentence was that we denied them the opportunity to build. Remember that. Motion Mr. Curder made a motion to approve the request to amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.68 du/ac) to Local Retail Commercial and to rezone from Duplex Residential (R-2) to Neighborhood Commercial (C-2). Mr. Fitzpatrick seconded the motion. The Recording Secretary polled a roll call vote and the motion failed 3-4 with Messrs. Ensler, Hay, Myott, and Rosenstock dissenting. Mr. Tolces suggested that they make a motion for Item 6(A)2 and vote on it as well. Motion Mr. Currier made a motion to approve the request for Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature. Mr. Fitzpatrick seconded the motion. The Recording Secretary polled a roll call vote and the motion failed 3-4 with Messrs. Ensler, Hay, Myott, and Rosenstock dissenting. Chairman Wische advised that this project would be heard by the City Commission at their January 2, 2002 meeting. Conditional Use/Site Plan Approval Project Name: Agent: Owner: Location: Description: MOBIL ON THE RUN Anna Cottrell Mobil Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site approval for major modifications to an Plan 12 EXHIBIT 8 MINUTES OF THE REGULAR cz ~Y COMMISSION ME= i LNG HELD IN COMMISSION CHAMBERS, CI'TY HALL, BOYNTON BEACH~ J / FLOR/DA~ ON WEDNESDAYf .1ANUARY 2f 2002 AT 6:30 P.M. PRESENT: Gerald 8roening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt 8ressner, City Manager .lames Cherof, City Attorney Janet Prainito, City Clerk OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation C. Ple0ge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Broening called the meeting to order at 6:30 p.m. The invocation was offered by Mayor Broening and Commissioner McCray led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPR/ATE REQUEST FORM · GIVE I'T TO THE CTi'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORT/ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: Additions, Deletions, Corrections Commissioner Fisher requested that Item XlLC. 1 be moved up to follow Public Audience. He also requested that items under Public Hearing follow Item X~LC. 1. 2. Adoption Motion Commissioner Fisher moved to adopt the agenda as amended. Commissioner Ferguson and carried unanimously. Motion was seconded by Heeting Minutes Regular City Commission Bovnton Beach, Flqrida January 2r 2007 V'[TI'. PUBLI'C HEAR]:NG: 6:30 P.M. oR AS SOON THEREAFTER AS THE AGENDA PERMi"TS Project: Agent: Owner: Location: Description: Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Community Commercial and R-l- AA Single-family Residential to Planned Unit Development (PUD). The applicant proposes to develop the property with 19 three- story town homes and related site improvements, The site plan (NWSP QI-0[0) witl be adopted as the master plan for the PUD ~POSTPONED UNTZL ]ANUAR r .~..~/ 2002] Project: Agent: Owner: Location: Description: Krispy Kreme Scott Barber/Gee &]enson Kdspy Kreme of South Florida, LLC South side of Boynmn Beach Boulevard (SR 804) approximately 1,500 feet east of NW 7~ Street, opposite the intersection of Boynton Beach Boulevard and West ]~ndustrial Avenue Request to amend the Comprehensive Plan Future Land Use Hap designation on a 0.62 acre parcel from Hedium Density Residential (9;86 du/ac) to Local Retail Commercial and to rezone from Duplex Residential (R-2) to Neighborhood Commerdal (C-2) (~°OSTPONED UNT~Z ]ANUARY 2~ 2001) Project: Agent: Owner: Location: Descdption: Krispy Kreme Scott Barber/Gee & .~enson Krispy Kreme of South Florida, LLC South side of Boynton Beach Boulevard (SR 804) approximately 1,500 feet east of NW 7~ Street, opposite the intersection of Boynton Beach Boulevard and West :Industrial Avenue Request Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature ( POSTPONED UNTZZ 3ANUAR Y2~ 2002) (::it), Attorney Cherof stated that there are two items under Public Hearing dealing with Krispy Kreme. He said that this was a quasi-judicial proceeding to amend the comprehensive plan and future land use element from Hedium Density Residential to Local Retail Commercial and to rezone from Duplex Residential to Neighborhood Commercial. The applicant is also requesting Conditional Use and Site Plan approval. He noted that there were a number of court reporters present. He asked them to announce themselves so that the Clerk can keep a record or to leave their business cards with the Clerk. City Attorney Cherof asked that any attorneys who were representing parties to this proceeding also identify themselves. 8 Meeting Minutes Regular City Commission Bovntqn Beach, Florida .lanuary 2~ 200~_ Michael Weiner, Weiner & Aronson, 102 Swinton Avenue, Delray Beach, Florida, identified himself as representing Krispy Kreme. Reginalc~ Stambaugh, attorney in South Florida, is representing Mr. Craig Stanley and also the group organized as Save Our Street (S.O.S.). Eighty individuals have signed a petition (Exhibit 1), which is attached to the original minutes o~ file in the City Clerk's office. City Attorney Cherof conducted a bulk swearing in' for anyone wishing to speak at the Public Hearing. He requested that expert witnesses identify their field of expertise. City Attorney Cherof explained the procedure to be followed as listed below: A representative of the City staffwill make a brief presentation. Applicant will present their case. Supporters of the applicant will speak. + Anyone who wants to present objections will speak. Members of the public who did or did not turn in a card will speak. Cross-examination by either applicant or opposition. · Rebuttal by applicant. · City Commission will deliberate and present questions to the applicant or to anyone who speaks on this subject. · City Commission will issue its determination. City Attorney Cherof requested that cheers and comments be reserved until affcer the audience leaves the Chambers. If someone wants other documents to be designated as part of the record, he requested that they do so when they speak and leave them with the Clerk. Dick Hudson, Senior Planner with the Planning & Zoning Division, presented an overview of the land use amendment and rezoning, The property is a 0.36 acre vacant property classified as Medium Density Residential and zoned Duplex Residential and a 0.26 acre parcel of developed property, containing one duplex residential building and classified as Medium Density Residential and zoned Duplex Residential. The total property to be reclassified is 0.62 of an acre. This property will be combined with a 0.42 acre vacant parcel to the west which is currently classified as Local Retail Commercial and zoned Neighborhood Commercial (C-2). The property is unique because a single piece of property fronting on Boynton Beach Boulevard is divided on land use and zoning. Michael Weiner, attorney for applicant~ stated that Jim Cosentino is the majority owner of Krispy Kreme. The only new written item being presented tonight is a letter from the Police Department in a town in New York concerning operations there of another Krispy Kreme. This letter was presented into the record as well as Answers to Comparison of Impacts, Answers to Justification Statement, Maps and records with respect to the notice that was given for this Public Hearing and a booklet. These exhibits are marked 2 through 6 and are attached to the original minutes on file in the office of the City Clerk. Attorney Weiner said that the si-afl report, which was in their favor, had 20 different standards - 8 dealing with the Comprehensive Plan and rezoning and i2 concerning Conditional Use. These standards are marked Exhibits 7 and 8 and are attached to the original minutes on file in the office of the City Clerk. g Meeting Minutes ........ Regular City Commission ~ovnton Beach, Florida .lanuary 2, 200t Scott l]arber~ Gee & 3enson, agent for Krispy Kreme, has been a licensec~ landscape architect for 2 1/2 years. He has been with Gee & ]ensen for 4 years and in the ;lanning business for 7 ~,ears. Most of his work has been with shopoing centers and site planning. Hr. Barber produced the site plan and the landscape plan as a landscape architect. He said that the trees have been installed at 20 feet on center and the cooe requires 30'. The shrubs exceed the minimum requirements also. They wilt probabty use a 6' C.B.S. or concrete panel waif along the south and east ;roperb/ lines. The sound from the speakers, the traffic and the I~uilding will be attenuated by that wail and shrubs. Architectural enhancements have bee~ added the buitding such as a barrel tile roof. Vehicle access was totally eliminated from the rear but they have retained pec~estrian access. There will be 53 parking spaces when only 47 are required. There will be a three-lane enr. zy scenario from Boynton Beach Boulevard. Requirements will include a westoounc turn lane coming down off the bridge and traffic lights. He said that all elements at this intersection will be at the applicant's expense. Ali drainage ~e controlled on site. Attorney Weiner said that the Comprehensive Plan states that the City should not change the land use commerdai categories be,/ond what is shown on me proposed future land use map except for minor boundary adjustments. He said that staff has said that this is a minor boundary adjustment. There is a very small parcel with C-2 zoning and there woulc I~e benefits for the City by combining the parcets, such as traffic lights and buffers. This would be compatible with the Comprehensive Plan. The City would be getting a far superior product and would have greater safety with the traffic light. C-2 zoning is compatible. :it is doubtful that any beneficJ~ commercial development could occur on the approximately ~8,000 sq. lt. poFdon of the property that is presenUy designated for corn mercial development. Attorney Weiner sai~ that only approximately 36,000 sq. ft. would be rezoned. There is other C-2 zoning in the City; however, it is not adequate for Kdspy Kreme. Bruce Chatterton is a Certified Planner with over 20 years experience in land use planning and zoning, mostly in the public domain. He stated that the proposa is consistent wfth both the intent of the Comprehensive Plan and with specific plan policies. The existing R-2 zoning is, in his opinion, a left-over of the past which reflects older thinking on zoning, having R-2 being used in an attempt to create a land use transition to single-family residential. He believes a C-2 district is a better choice than duplex zoning. C-2 was designed to be compatible with the adjacent residential. This proposal should act to improve property values. ]:n his opinion as a planner, the proposal is consistent with the Comprehensive Plan, compatible with adjacent uses and it will tend to enhance land values. Attorney Weiner went over the 12 items regarding Conditional Use on the staff report. He said that the applicant has met or exceeded all 12 standards and, therefore, the Conditional Use meets ali standards. Attorney Weiner said that notice requirements have been properly followed. The ordinances say you cannot amend certain material items alter notice or publication. The applicant did amend this application, but they amended it before notice or publication. There was an assertion that the application had no justifications or discussions of impact. Gee & ]ensen did offer a justification statement. Therefore, .there are no procedural matters that would keep the Meeting Minutes Regular City Commission Bovnton Beach, Florida 3anuary 2~ 200? Commission from processing this application tonight. The store will hire an average of 65 employees; however, there witi only be 12 employees per shift. Krispy Kreme is not a manufacturer. There will be no wholesaling. There wilt only be one delivery from the commissary per week and there will be no other semis to the site. They are willing to discuss the location of the drive-thru menu board and employee parking to satis~ the neic nbors. He said that the City code and Comorehensive Plan encourage this type of development~ A~orney Reginald Stambaugh, said that he is an exper~ in real estate law and is a board certified real estate attorney. He is representing Save Our Street, consisting of 80 residents. He also is reoresenting Craig Stanley who heads that organization. He said he would identify the residents' issues of concern. He said this was a "take it or leave it" ~resentation before the Planning & Development Boar~ He submitted a packet showing a comparison with the Krispy Kreme rn Gainesville. This is Exhibit 9, which includes the Legal Basis to Deny Krispy Kreme DeveIopment with Viable Alternative Proposals A & B, the Gainesville site plan, the applicant's site plan and their survey showing the zoning. This is at~ached to the original minutes on file in the office of the City Clerk. He said that there are viable Krispy Kreme's in other locations in Florida that do not create the demands and the lack of compromise that the present proposal is demanding. One of the criteria for rezoning is that there are no alternative proposals. There are attamative sites. There is already an eXisting duplex on site that wilt have to be torn down. There is already a delineated line between the vacan: property and the residential. He showed a velum of the site plan and indicated that the red highlighted area is the duplex. The green highlighted area is the vacant lot and the commercially zoned property. The blue area is the already zoned commerdal, jEn the package, plan A shows the blue lots as being all commercially zoned C-2. Right now, the square footage of that 02 is only ~.,000 sq. ft. less than the Gainesville Krispy Kreme property. There is no room for the drive-thru. FJiminating the drive-thru would be a benefit to the neighbors. We want a compromise that does not negatively affect the residential area. He said that this is a donut factory. This is a 4,600 sq. building. Attorney Stambaugh said that they would support alternative B. His clients wouid like to have donuts but do not want commercial property encroaching upon already existing and viable uses. He read Section 1.19.6 of the Comprehensive Plan, which states 'q'he city shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned properly, and the commercial use would comply with all other applicable comprehensive plan policies." He said that City staff has concluded that there are viable alternative sites. Attorney Stambaugh said that he had received a packet from Mr. Weiner's office on November 21, 2001 and the site plan application was included. He asked that if the Commission is in favor of Krispy Kreme, he be given more time to digest what this packet contains. Attorney Stambaugh said that the requirements of the code are not being met because there are other viable sites. He contests the statement that R-2 zoning is obsolete, JEt is a good step down betwee~ C-2 and residential. Augie's Restaurant submitted a site plan application awhile back on the vacant property only. This was a viable commercial property site plan that was before the staff that did not intrude on residential property. 11 Meeting Minutes Regular City Commission Bovnton Beachf Flqrida .lanuary 2~ 200? When asked by Attorney Stambaugh, Michael Rumpf, Planning & Zoning Director, confirmed that there are other commercially zoned properties in the City for Krispy Kreme. Generally, there may be land available in C-2, C-3 and CBD districts. Members of the Public: Dr, Mark Roberts, representing himself and RHS Corporation which owns the property to the west of the proposed land use amendment, said that he presented a package w th 10 exhibits, which are part of the original minutes on file in the office of the City Clerk and are marked as Exhibit 10. Dr. Roberts said that his Exhibit 3 is a copy of the City code which clearly states that after notification to the public, no modifications can be made to the original application as far as increasing the size of the request for the land use or increasing the size of the building. He said that Mr. Weiner submitted an amended application where the size of the property and building were increased. Comparing documents #$ and #6, there was an increase on the application. This increase was after the public notification. This application should not be considered. Dr. Roberts said that after the application was modified, the applicant did not submit all the required documents. Their justification statement was not amended. Because of the holidays, he was not able to get an expert to test[fy that the parking is not sufficient. The applicant is required to justify the land use change. The red area on Attomey Stambaugn's exhibit can be omitted from the request for a land use change. The other portion is jointly owned and there possibly should be a land use change. But, there should be a distinction between the red and green areas. The red portion has an existing duplex on it. It is impossible for the applicant to justify that this property .is unsuitable for development under the existing zoning. This request is not consistent with the Comprehensive Plan He said that Policy 1.19.6 states that the City shall not allow commercial uses unless a particular property is unsuitable for other uses. Obviously, the red poddon of:this request is suitable for other uses because there is already an existing use. The Comprehensive P~an also says you cannot do this unless there is a geographic need which exists that cannot be accommodated. He said that the City staff report said that there are other properties. The proposed land use is contrary to the established land use patterns. The intensive use of this commerdal development is contrary to the residential properties. Properties to the west are alreaoy developed and although they are zoned C-2, they are developed as low intensity C-1 use. Kdspy Kreme proposes a 7 day a week, 24 hour drive- thru restaurant and will create a burden of loud noises late at night and early in the morning. Most people choose not to live dose to an all night drive.thru restaurant. He s~id that this will decrease residential property values. He said that the property that is vacant can be developed as shown by Augie's. He said that the Planning & Development Board turned down the Krispy Kreme request. Dr. Roberts asked Bruce Chattarton whether the property that contains the duplex is currently unsuitable for development under the existing Zoning Code. Mr. Chatterton answered that, in his opinion, R-2 zoning is not the best way to effeCt t~-ansition in this area. 12 Meeting Minutes Regular City Commission Bovnton Beach, Flqrida 3anuary 2~ 200? Commissioner Fisher asked City Attorney Cherof and staff whether things have been done in the proper order procedurally to bring this item before the City Commission tonight. Mr. Rumpf said that they have been. He said that the application was, amended to a significant degree; however, that was prior to public notification. Also part of the reason that it was modified was based upon an errorshown on the Cit/s zoning map, Dr. Roberts askeo Mr. Rumpf whether the applicant re-submitted a complete package with their amended application. Hr. Rumpf replied that elements of the original application were combined with the second application to meet all requirements. A recess was declared at 8:30 p.m. The meeting reconvened at 8:40 p.m. Terry ]:iames~ 656 NW ~.'~ Avenue, spoke of the noise from the Waffle House and how semis pull in all night. There is a lot of traffic. She said that at the last meeting, Krispy Kreme said there wouldbe 90 employees. She questioned where they all were going to park. She was concerned with parking, noise, lighting and the decline in property values. She questioned why they would have a walk-through in the back. Scott Barber said that this is a requirement of staff. [t is a residential connection. 3ohn Craig Stanley, 640 NW ~.st Avenue, said he has looked for a compromise from the start. He wants Kdspy Kreme to build on the vacant property. The duplex at 633 is not a rental. The owner's daughter and son-in-law live there. All he wants is fairness to the voters and residents. Krispy Kreme is a manufacturing plant and will ruin property values. Beatrice .lean, 644 NWl~ Avenue, was concerned regarding the lighting; the noise from a 24/7 operation and from the drive-thru speakers; and pollution. David Kal= said that the lot proposed to build on has been a dumping site anca used car lot. This is a first doss company coming in. The drive-thru is necessary because that is a requirement by the franchise. He would like to see the property developed and the increased tax value. Alice Otis, 203 SW 13~ Street, was concerned regarding the smell. The sweet grease is nauseating. She hoped that they have a plan to tone the smell down. Beatrice Bapfiste, whose mother lives at 629 NW :Lst Avenue, said her mother will be directly affected. The duplex in question is next to her mother, You must think about the rest of the residents. Sometimes money is not the most important thing. They are improving the City but only to profit themselves. Her mother may have to upgrade her security because of this. 3ohn .lohnston, 708 NWist Avenue, said there is a terrible noise problem in the neighborhood now. Waffle House nas a wall and shrubs and there are beer bottles being 13 Meeting Minutes Regular City Commission Bovnton Beachr Flqrida 3anuary 2r 200t thrown over the hedge. There are car alarms going off and semis park across the s~reet. Police said they could not stop semis from parking there. He said that he would not mind so much if Krispy Kreme were open normal hours. There is a problem with rubbish and noise and rats from dumpsters. He believes that there will be a traffic problem with cars turning. Wendy Franklin, :1.20 NW 6u~ Street, said there are semis on NW 7~ Street all day tong. She was concerned with the noise from the dumpsters when they are dumped. There is already a traffic problem and this will increase it. Augie Vultaggio, has owned the vacant property for many years. Several years ago, he asked to build a restaurenc. Host people objected. He would like to ask everyone how much their property was worth before businesses were built and what it is worth now. We need to crea~ business bet:er. He requested that the Commission consider approval of this project. Everyone has noise from Boynton Beach Boulevard and this buffer will help. Hr. Rumpf said that the previous site plan submitted in 1994 was for a less than 3,000 sq. lt. restaurant, occupying a portion of a: building where the remainder would be retail space. Those operational characteristics were quite different than the one being proposed tonight. There was a statement that the C-2 zoning district is not appropriate. Staff did acknowledge that other sites are available but C-2 is a higher and better use even though C-1 may be a ~referred transition to a residential neighborhood in a "perfect world." He also pointed out that there is not a code requirement, but a recommendation, for a pedestrian connection in the rear. Therefore, it could ge walled in. Attorney Stambaugh asked Hr. Rumpf whether Augie's approved site plan excluded the duplex site. Nr. Rumpf answered in the affirmative. Attorney Weiner said that with respect to witnesses who have testified, lawyers are not experts. Attorney Stambaugh and Dr. Roberts are not experts. Attorney Weiner stated that they have listened tO residents' concerns and are willing to look at the site plan. There is going to be C-2 zoning on a portion of this property'no matter what business goes in. There will be dumpsters and noise. Only the drive-thru at Krispy Kreme wild be open 24- hours a day, not the entire restaurant. Attorney Weiner said there were 20 criteria and only two items were attacked - l) whether the property was physically and economically developable under the existing zoning and 2) whether there are adequate sites elsewhere in the City. Nat Siegel, Vice President for Krispy Kreme, stated that he has been in the restaurant business for 25 years and has developed 40 restaurants over the past seven years for Kdspy Kreme. Without the extra land, they could not build the same restaurant in a profitable fashion. When asked whether there were adequate sites elsewhere in the City, Mr. Siegel answered that for the use tha: they are looking for, there is not another acceptable site. Scott Barber testified that it is tough to compare the Gainesville Krispy Kreme with the proposed Krispy Kreme. The Gainesville building was built in the 1960's. Present codes would not allow 14 Meeting Minutes Regular City Commission Bovntqn Beach, Florida 3anuary 2~ 200/ vehicle access to a mawr roadway without buffering. There is very Iittle landscaping at the Gainesvitle site and the Handicap Accessibilitf Code did not exist back the~. Attorney Weiner said that concerning the procedural issues, all the changes were made before the notices went out. With respect to the duplex, you cannot get the access, the lighting, and the extra lanes w~thout adding that particular piece of property'. City Manager Bressner askea where the Krispy Kreme donuts that they sell at Publix come from and where they will come-from if this petition is approved. 3ames Cosentino, member of Krispy Kreme South Florida LLC, stated fha: the donuts are brought in from the company in Miami. They will not come from this local Kdspy Kreme. They will provide small quantities to small gasoine stations or small stores but not to supermarkets~ When asked how many employees there would be, Mr. Cosentino said there would be approximately 65 employees total, between i2 and i4 employees per shift. Only the ddve-thr~ is open 24- hours. The restaurant's hours are weekdays from 5:30 a.m. until ll p.m. and on weekends until midnight. Mr. Cosentino said that they would be happy to close up the rear wall. in regards to the sign board, he said that it could be relocated to direct sound to Boynton Beach Boulevard. Regarding lighting for the site, they would be willing to work with staff on vertical light~ng without any horizontal intrusion. When asked by City Manager Bressner, Mr. Cosentino said that employee parking woulc~ be totally on site. There are 43 seats in the restaurant and they have never had a problem at other stores with shift changes and parking. Commissioner McCray questioned where the reference To 90 employees came from. Nat Siegel said that the 90 employees came from their initial hiring for their first store in New York. Their employment records show that there are currently 64 employees there. This is how they arrived at the average of 65 employees for the Boynton Beach store. Attorney Weiner said that 75-90 employees had only been an estimate. Vice Mayor Weiland said he is sure they have done their due diligence in determining a site for the Krispy Kreme. He assumed that the garbage pick-up could be scheduled during the day time. He had concerns regarding noise, odor, and the landscaping buffer. He understands that Krispy Kreme is willing to do more landscaping. He would suggest eliminating the sidewalk and putting in heaw' landscaping with mature trees so people could not park there. Attorney Stambaugh said that regarding the statement that the Gainesvitle site did not meet handicap requirement, s, the site ;lan did have handicap parking. Dr. Roberts asked Mr. Siegel whether the property could be developed for other things. 15 Meeting Hinutes Regular City Commission Nat Siegel said that what he had testified to was that they coutd not develop Krispy Kreme on that parcel without the extra land. Vice Mayor Weiland asked whether Kdspy Kreme would be willing to work with staff on the landscaping issue to which Attorney Weiner replied "yes." Motion Commissioner Fisher moved to approve the Comprehensive Pla~ and the rezoning for Krispy Kreme of South Florida LLC. Motion was seconded by Commissioner Ferguson and carried 4 to l, with Commissioner McCray dissenting. Mayor Broening announced that they would '"?,ye forward to the Conditional Use/Site Plan. Commissioner Fisher asked what the clearance was at the drive-thru. Scott Barber said that the clearance bar is for the drive-thru. Vice Mayor Weiland commented that he was glad that the sit-down restaurant is not open 24 hours a day since that will reduce the traffic. Mayor 8roening said that all issues that he had questions on have been answered. He was glad the project came to the City Commission with a really well developed site plan and well developed list of conditions. He said that the City and this whole country depend on a business coming in and taking a calculated risk. Krispy Kreme is coming in and not asking for any incentives. He is appredative that they have this opportunity to improve our City. HoUon Commissioner Ferguson moved to approve the Conditional Use/Site Plan with the following conditions added: 1. Close the pedestrian walk-thru in the rear (north) wall. 2. Relocate :he drive-thru speaker to just north of the loading area. 3.materials.Rem°ye the sidewalk along the south property line and enhance with mature landscape 4, Petitioner to provide to staff appropriate lighting that is of a design not to provide any light pollution to adjoining property. Motion was seconded by Commissioner Fisher and carded 4 to i with Commissioner McCray dissenting. 16 EXHIBIT 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF FLORIDA CITY OF BOYNTON BEACH BEFORE: GERALD BROENING, MAYOR RONALD WEILAND, VICE MAYOR MICHAEL FERGUSON, COMMISSIONER CHARLIE FISHER, COMMISSIONER MACK McCRAY, COMMISSIONER KURT BRESSNER, CITY MANAGER JANET PRAINITO, CITY CLERK JAMES CHEROF, CITY ATTORNEY Boynton Beach, Florida Wednesday, January 2, 2002 7:15 p.m. 10:15 p.m. MELANIE GROUT REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: Weiner & Aronson, P.A. 102 N. Swinton Avenue Delray Beach, FL 33444 Attorneys for Krispy Kreme BY: MICHAEL S. WEINER, ESQUIRE Stambough & Tarone, P.A. 180 Royal Palm Way, Suite 201 Palm Beach, FL 33480 Attorneys for Craig Stanley and Save our Street Boynton Beach Residents BY: REGINALD G. STAMBOUGH, ESQUIRE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS THE MAYOR: Kr±spy Kreme. I am going to turn it over to the City Attorney at this point and ask him to do some preliminary remarks. MR. CHEROF: Thank you, Mayor. This is a quasi judicial proceeding. There are two items on the agenda, both under public hearing. Item B, which is the application of Krispy Kreme. The request is for an amendment to the comprehensive plan, future land use element of it from medium density residential to local retail commercial and to rezone property from duplex residential to neighborhood commercial. And Item C on the agenda, Krispy Kreme, same applicant, it's a request for conditional use and for site plan approval. I note that there are a number of court reporters in the audience tonight, which I assume they are here for this agenda item so if each one of them will either announce who they are so that the clerk can keep a record of that or leave a card with the clerk after the proceeding. If you have a card, just do that, please. If you don't, just please state right now what your name is and what court reporting recording, representing firm you're with. Everybody have cards? turn your cards in at the end, please. If there are any attorneys who are parties to this proceeding, either the Keep 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applicant or individuals or groups of individuals that will be opposing the application, please identify yourself now by coming to the microphone over here on my left and indicating who your clients are, who you are, and your address, please. MR. WEINER: My name is Michael Weiner, I'm with the firm of Weiner & Aronson,.102 North Swinton Avenue, Delray Beach, Florida. I am here on behalf of Krispy Kreme of South Florida, LLC who is the applicant; and I am on their behalf tonight. Thank you. MR. STAMBAUGH: My name is Reginald Stambaugh. I am an attorney here in South Florida. I represent Mr. Craig Stanley and also the group organized as Save Our Street. Part of the record has been submitted. The 80 individuals have signed the petition so on their behalf I am representing their interest. And my law firm is Stambaugh & Tarone. Thank you. MR. CHEROF: Is there anybody else here that will be acting in a representative capacity for themselves or any group or group of proceeding -- THE MAYOR: MR. CHEROF: individuals that intend to a representative capacity. Anybody who individuals? Thank you. This Does that include -- That does not include speak, just individuals acting in intends to testify this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evening -- and if you do not know whether you intend to testify but you're one of those people who frequently are stirred to stand up and testify -- we're going to do a bulk swearing in of anyone that intends to speak this evening. So if you would all raise your right hand. (Several witnesses were sworn.) MR. CHEROF: When you come to the microphone to speak, please identify yourself, indicate that you have already been sworn; and again if you're in a representative capacity, repeat that. If you're speaking in the capacity of an expert, please identify your field of expertise so that the commission will understand the context of your testimony. The procedure that we're going to follow tonight and the order will be as follows: a representative of the city staff will make a brief presentation indicating what the agenda item is before the commission. Secondly, the applicant will present their case to support the applications that they have pending before the commission followed by supporters of the applicant, either individuals or groups of individuals who wish to speak in support of the application. Following the supporters, anybody who intends to present a case objecting to the application, either one or more of the applications pending before the City will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then have the opportunity to speak. Following that, members of the public will have the opportunity to speak whether you have turned in a card already or whether you are inspired to speak by what you hear this evening, you may come to the microphone and speak at that time. The applicant and individuals opposing the application will have the opportunity to cross-examine anybody who speaks or presents evidence before the commission including staff comments. The staff will make comments as appropriate after the public speaks. After the cross-examination by either the applicant or objectors to the application, the applicant will have the opportunity to present a rebuttal to any of the evidence presented. They will be the last formal speaker this evening. Following that, the commission will deliberate, and the commission will present questions to the any witness who has made a presentation here applicant for this evening. And, finally, the commission will issue its determination by making a series of motions dealing with the matters before the commission. A word about decorum, the commission maintains strict rules of decorum here in the commission 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 chambers. This is not like one of the bowl events or a sporting event that is going on here. Please reserve your cheering and comments until you leave the commission chambers depending upon the outcome. When you are called to speak, please come to the microphone over here. Come only to the microphone when you are called to speak. And when you are done speaking, please sit down and provide the opportunity for somebody else to make their presentation. The documents that are part Qf the commission agenda package this evening are automatically made part of the record of the proceeding. If there are other documents that you want to be made part of the record or if you're not sure what is already part of the commission agenda package and wish to designate that document as a part of the record, you need to do so publicly. You need to do so when you're at the microphone, not after the proceeding. And you need to leave a copy with the clerk who is sitting at the front of the room. Mayor, we can proceed witk the staff overview of the matter. THE STAFF: Good evening. Dick Hutchinson of the planning and zoning division speaking for staff. The item before you tonight is a request for land use for rezoning. On the south side of Boynton Beach Boulevard 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approximately 1,500 feet east of northwest Seventh Street West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. The property is a 3600 acre vacant property classified medium density residential and zoned duplex residential and a 2,600 acre parcel of developed property containing one duplex residential building and classified medium density residential and zoned duplex R2 residential. The total property to be reclassified is 6200ths of an acre. The property is to be reclassified from medium density residential to local retail commercial and to rezone from duplex residential to neighborhood commercial. This property will be combined with a 4200th acre vacant parcel to the west, which is currently classified local retail commercial and zoned neighborhood commercial C2, and to assemble a 1.400th acre site and developed as a fast food restaurant with a drive through feature. The property is unique in that it is a single piece of property that is fronting on Boynton Beach Boulevard and is divided by land use and zoning. It is split right down the middle. There are two properties to the south of it. One has the desired land use in zoning. The other's requesting the land use in zoning. And then property further to the east is also classified duplex residential, and they're requesting a change also to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 commercial. There advanced to staff in is represented and is COUrSe, up, ROW have been a number of questions the last day or two, and the applicant prepared to answer those questions. MR. CHEROF: The first presentation, of is by the applicant; but before the applicant comes that the staff has presented their overview, is there anybody that objects to the procedure that I have outlined for the presentations and opportunity for cross-examination this evening? FROM THE FLOOR: Cross-examine your city person? MR. CHEROF: When you get up to speak, if you signed up or if you've not signed up, you may cross-examine any witnesses you prefer. Applicant's up. MR. WEINER: Thank you. My name is Michael Weiner. I've previously. On behalf Constantino here. Jim of South Florida, LLC. identified myself for the record of the applicant we have Jim is the majority owner of Kr±spy Kreme There has been some discussion about the to mention that he's only a passive investor. tonight. Jim is the operator. Jim is the man Jim is the man that can answer the questions. As well on behalf of the applicant we have fact that Jimmy Buffet is an investor. It's important Jim is here in charge. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Scott Barber from Gee & Jenson, and he'll be testifying. Mr. Gene Vitagtiano. Nat Segal also on behalf of the applicant. Bruce Chatterson who is an expert witness will be talking to you a little bit about your comprehensive plan and compatibility. Kay Harpinder, who is the traffic engineer and Peter Russo. Peter and Kay Harpinder or Kay Harpinder's assistant will not be coming forward unless there are questions concerning the architecture and the traffic. We already have those items in the record and there haven't been any questions to date. I know how long these presentations can be. But we're not going to try to repeat what is already part of the public record and instead rely on what has been made as part of the public record and bring you along just presenting enough so that we show substantial competent evidence in our favor. I have a few housekeeping things which I have to deal with. First of all, there's -- The only written thing that we're presenting new tonight is a letter from the Police Department from the Town of New York concerning operations in New York with another Krispy Kreme. There are no new things that we wish to present to you. Everything we have is already in the public record except for that particular written statement. But we aren't certain that things have been 1 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 5 6 made part of the public record. Two things I want to make sure are in there. First of all, answers to comparisons of impacts and answers to justification statement. This was previously submitted. I'm just making sure. And as well the maps and records with respect to the notice that was given for this particular public hearing. And I'll put those on the table now. MR. CHEROF: Those Exhibits will be marked consecutively in the order that they were just described and presented to the clerk. MR. WEINER: Now, just so that the conunissioners some booklets make one part of the record before the end of the hearing, but if I might, I'm just going to be giving them to the commissioners at this point. There we go. As I heard from the City Attorney, we're actually combining two issues that are on the agendas for tonight. And those two issues address three land planning situations, a change in your future land use map, a rezoning and an approval of a conditional use. I know what these things are like; and if you take a look at the staff report, which is in our favor, and you see how lengthy it is, there are 20 differen~ standards. Eight of them that have to do with our comprehensive plan can follow along with the presentation, I have for them that contains information. We'll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and rezoni~g; and 12 that have to do with the conditional use. There's a lot of hoops to jump through. We're just going to cover them bullet point style, but even covering them bullet point style there unfortunately is quite a bit of criteria that we have to cover tonight. So that you can follow along with us, I would like to have Scott Barber from Gee & Jenson come forward. You have drafted a very good code. And that code says that if you're going to come in and you're going rezone and ask for future land use map, we want to nail you down on a few things. So as a result -- and I know often times you don't really look at site plans when you're talking about rezoning -- but in this case, they wanted you to look at That is what the staff report is all about. So that we can get you through this, I'm site plans. going to have Scott come forward, give you a few high points of the site plan and conditional use, and then we'll return to the comprehensive plan and compatibility. Scott, you want to come forward. MR. BARBER: Good evening, Mayor, commissioners, staff, ladies and gentlemen. Do you have copies of the landscape plan or site plan in front of you booklets? I'm going to quickly touch some points on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 site plan, but I have this. This is a a colorgraphic of the landscape plan. My name is Scott Barber. Krispy Kreme of South Florida, LLC. who produced the landscape plans as a the site plan for this application, representation. It's I'm the agent for I am with Gee & Jenson landscape architect on and I have been sworn MR. WEINER: Scott, you can stand at the microphone. I will do the pointing. MR. BARBER: I'm going to show you some positive aspects of the site plan, landscape plan that might not be so apparent. I just want to make it public record and to show the public what we have done, the extents we have gone through to produce the product that we have. The first is the landscaping and buffering. You'll notice along the south property line, east property line, the trees have been installed at 20 foot on center. Standard code requires 30 foot. We had some trees we needed to relocate on the site and some trees we want to replace on site or mitigate on site, so what we did is we bunched the trees together a little closer, 20 foot on the center against the residential front to create kind of an upper level buffer, if you will. There's power lines that we have that go down the Boynton Beach Boulevard side and the opposite side. And 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 14 we have to stick with FPL requirements as far as the plant materials we put in there, so the maximum tree height is 25 feet; but the shrub requirements also have been beefed up. We're well above the minimum requirement for overall shrubs as well as shrubs in the buffers. The shrubs species chosen can get as high as eight feet, but they are really meant to be a buffer for the wall itself. There's a six foot CBS or we could probably use a concrete panel wall along the south and east property lines. The hedqes will buffer those also. So the sound from the speakers, the sound from the traffic going down Boynton Beach Boulevard, the sound from the building, the entries will all be attenuated by that wall by additional trees, the shrubs. The architectural enhancement is No. 2 on the graphic you see down by the board. We have taken what we would call the standard Krispy Kreme building, we've added some architectural enhancements to it based on the surrounding community. We worked closely with staff to produce a building that is positive for the environment, positive for the community, positive for the overlook of the commercial mode; and you will see some of the items on there such as Burrell tile roof and some stucco treatments. Vehicular access was a big issue to the south. The homeowners had concern and city staff had 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 concern about vehicular access to that back street. We've totally eliminated vehicular access but we've retained pedestrian access point because we want to become part of the community. We want to include the community. So we allowed a pedestrian access point in the back. And then, again, there will be no vehicular access. And the sounds generated by the vehicles coming through the drive through will be blocked by the six foot retaining wall. The parking places that we came up with for the site plan, we worked through a probably maybe seven total to come for the parking, the best scenario site for safety and for efficiency. series of site plans, up with the best scenario for traffic movement on We've come up with this plan here that of only 47, the parking. The entry, we worked closely with FPL. We've been through some conceptual approvals for the entry on Boynton Beach Boulevard, and we've come up with a three-lane entry scenario that really is being enforced by FDOT. The requirements will include a westbound turn lane coming down off the bridge. It will include a left-hand turn lane, a light that will be coming off the Boynton Beach Boulevard. It will also require a light at the Krispy Kreme property line that controls the left out straight and the right out. produces 53 parking spaces with a requirement so we've gone over and above our requirement for 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 Ail of the elements in this intersection will be paid for by the client or by the applicant which will be a great help for the city. It will help the intersection become a little safer, a little bit more efficient. And the overall site, when we look at drainage, that whole area back in there seems to be a little bit troubled as far as drainage. We have that on ramp, the bridge situation, that kind of traps all the water to the south. We have 95 to the east that traps all the water to the west; and we end up with a big wet zone back in there. What we're doing with this site is we're controlling all the water on site as a typical requirement of South Florida Water Management. But we're taking a complete 1.04 acre site controlling the water versus say 34,000 feet or so if we stuck strictly to the C2 lot so I think we're helping out a lot by doing a little bit more water control in the back area. So with all these items together, we show the applicant is sparing no expense in creating a positive addition to this community. MR. WEINER: Scott, just for the record, since you're an expert witness, could you just identify a little bit of your background, the firm that you're with, what your degrees are and what you do. MR. BARBER: All right. I'm a landscape 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 architect with Gee & Jenson. I have been a licensed landscape architect for two and a half years. I have been working with Gee & Jenson for about four years, been in the planning business for about seven. Most of my work has been with shopping centers and site planning and these type of projects. MR. WEINER: Thank you, Scott. Thanks very much, Scott. The way your code is designed, the first two issues you look at together, and that's your future land use map change and your rezoning. And your comprehensive plan is quite specific on situations like this. It says that the City should not change the land use of commercial categories beyond what is shown on the proposed future land use map except for minor boundary adjustments and some other exceptions which are really not applicable here. Your staff has said this is a minor boundary adjustment, so this is precisely our situation, your comprehensive plan covers ito Over the years the requirements have grown for landscaping, drainage retention, parking on commercial properties. Commercial developments could be built on extremely small parcels, but they shouldn't be built on extremely small parcels. And as was explained to you in this particular situation, we have a very small parcel C2. We have an owner with a divided zoning, and then we have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 another owner. And as plan all put together, city, things that will you have heard, when you get the site you get tremendous benefits for the be helping the city out and will be in accordance with your comprehensive plans. The kinds of things Scott listed, traffic light, paid for at the applicant's expense. Appropriate ingress and egress to Boynton Beach Boulevard, three lanes wide. Three kinds of buffering between you and the neighbors. There is 18 percent open space or land area that's not paved. So the kinds of things that you're getting as a result of doing this rezoning are superior than if you had just left what is approximately 18 to 20,000 square feet zoned C2. And for precisely that reason in order to accommodate these regulations a minor reboundary adjustment as called for in your comprehensive plan is what you should vote for tonight. Not only is the comprehensive plan written to accommodate this type of situation, it encourages it. For example, your future land use policy 1.22 encourages land use that establishes a clearly defined edge for a neighborhood. Bruce Chatterson is going to come up to the mike, about comfortable He's an expert in this area, to talk a little more this particular situation, but I want you to feel that we're compatible and consistent with your 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comprehensiwe plan; and that in fact what you're doing is improving a neighborhood. And that is why you should vote positively in favor of this minor boundary adjustment for comprehensive plan change in rezoning. After you get by the comprehensive plan, you have to look at your rezoning criteria. A likely comprehensive plan, we must look to see if a rezoning is compatible as will be explained by Bruce and as I've explained that this is not an enclave. It continues a land use pattern, it doesn't change it. It's not a special privilege. All that it's doing is increasing protection for the neighborhood. And it's beneficial to the area. If you take a look at the map in your packets, you will find a number of different colors that are on there, some very unusual zoning situations in that you have M1 right next to a residential zoning area. You have the old American Legion that got grandfather'd in, stays open until eleven o'clock at night serving beer, wine, liquor. Across the street you've got the Texaco. And then what's interesting is the park that's not zoned, the huge edifice of 1-95 that sort of looks down on this area. Then you've got almost 1600 linear feet of C2 zoning that is on that side. What we're doing is adding less than, oh, about eight or nine percent to that. That's it. That's all we're changing. That C2 is already 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 there. anything badly to the neighborhood. What you are getting giving that is you're getting a far superior quality product, which couldn't otherwise be put on 18 to 20,000 square feet. Further, in this instance there are changed and changing circumstances that make rezoning desirable. The changed condition we've already alluded to, the 1-95 ramp. The changing circumstances we've also explained in that greater requirements of development call for a greater amount of land in order to build a quality development. As well the proposed rezoning would be compatible with utilities, roadways and other public facility systems surrounding the area. We already have the testimony from Gee & Jenson who are experts in the area. To the extent that safety standards must be met and designed criteria followed, please notice that we will be putting in the light, changing that intersection, and you will actually have greater safety as a result of this rather than the situation that is there right now. If we don't expand this zoning, obviously the ingress and egress is different, you wouldn't have that advantage to the neighborhood that you would have if tonight you vote in favor of this. As to drainage, we've explained once again It hasn't effected the neighborhood, it hasn't done in 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 6 7 there's been betterment to the area as a result of a larger site, able to capture it, able to do a better job, couldn't do the same thing if you left it at 18,000 square feet. Under these circumstances the neighborhood commercial zoning is compatible serving as an additional buffer for the residential zoning to the site. Given the height and prominence of 1-95, C2 zoning is compatible as opposed to additional duplexes that would be built. You have to remember that a portion of this land is vacant. Nothing is on it right now. But the only thing that could go on that vacant portion, that is the part that is presently vacant and R2 is just another duplex facing Boynton Beach Boulevard. Another additional standard includes whether the property standing alone is developable. Your staff report directly answers this question and makes the applicant's point. It's doubtful that any beneficial commercial development could occur on the approximately 18,000 square foot portion of the property presently designated for commercial development without leaving minimal land available for buffering purposes, without leaving a vacant lot on which only a duplex could be built, and without giving you the other benefits which I've described and which Scott has described. There's an additional standard for rezoning. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 And of the neighborhood and the City. Once again, talking about rezoning approximately 3,600 -- feet, · 62. It's not a lot. Take a look at Boynton Beach Boulevard, as I said, you already have 1600 linear feet of C2 zoning. What we're asking to be rezoned is probably no bigger than two subdivision lots. The last standard is whether there are adequate sites elsewhere in the City. That's an interesting standard, but obviously it could not mean that if there was other zoning in the City on which you could put this that you wouldn't rezone it because think about the logical conclusion. That means you could never rezone anything because there's always M1, C2, there is always other zoning somewhere else. The standard talks about whether or not it's developable and whether it's adequate. Two points. One, the 18,000 square feet is not developable under present standards. You'll get an inferior product. that's .that the scale is reasonably related to the needs we're only 36,000 square Two, yes, there is other C2 zoning available in the City, but it is not adequate. For example, some people talked about Gateway and Gateway Boulevard. Gateway has a traffi~ count of about 30,000 cars per day. It 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 doesn't have an exit onto the Turnpike. It is not adequate for something like Krispy Kreme, which has certain criteria and which has to be on Boynton Beach Boulevard, which is approximately 40,000 trips per day. So it's not fair to say there's something else that is adequate. There is nothing else that is adequate to this site, comparable to this site for Krispy Kreme. I would like to get Bruce to the microphone now. He can deal a little bit further with the compatibility of your comprehensive plan; and, Bruce, would you join me now. Thank you. MR. CHATTERSON: Good evening. Bruce Chatterson, AICP. I have over 20 years experience in land use planning and zoning. As I said, I'm the AICP planner, and I should mention another 20 years experience, most of that has been in the public domain, either as a staff member to local governments or consulting for local governments on land use and zoning. I'm going to cover really three areas. Consistency with your plan, land use compatibility and a few comments on the effect, on property values. First of all, for consistency with your plan, I would like to echo your own staff's findings. The proposal is consistent with both the intent of your 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comprehensive plan and with specific plan policies. I have read your land use elements, reviewed the rest of the plan, and in my opinion the proposal is directly in keeping with over 11 separate plan policies. I won't bore you with the details of this now, but I would be more than happy to get into that, if you wish. A few specific points. Your land use plan addresses the proper pattern of both zoning districts and the uses within those districts. Let's take a look very quickly at the zoning pattern. To the left of the site we have over 1600 linear feet as Michael mentioned of C2 zoning. The existing R2 zoning is really, in my opinion, a left over of the past which reflects somewhat older thinking on zoning. Now you don't see this just in Boynton Beach. You will find it all across the State of Florida, similar situations, R2 being used in an attempt to create single-family residential. Some communities have gone so far as to rezone these areas on their own initiative to provide a better land use buffer and transition. Now, the left over R2 is the only R2 remaining at this entire interchange. What really we need to ask would result if it's left the way it is right now, status quo, really more of the same, as Michael mentioned, duplex housing which tends to have a high non-ownership 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 space, set backs, to better define zoning pattern. rate. poor family neighborhood itself. A much better choice is your C2 which is designed by the City to be compatible residential. Now every neighborhood needs an edge to give it identity. Only rarely do you see uses such as duplexes forming the edges of communities. More often you see commercial and, hopefully, high quality commercial forming the edge of a neighborhood. So this proposal buffer guards, this edge and actually improve on your And duplexes in my opinion provide a poor, rather transition between Boynton Beach Boulevard and a single Compatibility with existing uses. Of course to the north we have Boynton Beach Boulevard and the commercial industrial area. To the west we have commercial. The only possible concerns with compatibility would be to the east with the remaining R2 and also to the south, the R1A. As I just mentioned, C2 was designed to be compatible with adjacent residential, especially when the residential is separated by generous set backs, buffer guards, screening, a local street as we have in this case and some 18 percent open space. with its generous open screening is an opportunity district, with adjacent 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Finally, this proposal should act to improve property values. There's a real problem with fragmented, small lot ownership patterns like we have in the area now. These, when they are developed, tend to result in unplanned small scale development. It's much harder to control the impacts and provide a transition when you have these small fragmented ownership patterns and to ensure compatibility simply because there is less land to work with in terms of circulation, buffering, all the things we provided that Scott mentioned on this proposal. Many cities will go so far as to provide incentives for developers to assemble property and to provide master plan commercial development land, especially in the situation where you want to encourage end fill development or redevelopment. Master planned larger sale commercial developments tend to increase commercial values in general in the area. The Krispy Kreme proposal provides the benefits of site assembly and master site plan. To sum up, in my opinion as a planner, the proposal is consistent with your comprehensive plan. It's compatible with adjacent uses. tt will tend to enhance land values. Thank you for your patience. MR. WEINER: That covers the first points. Your third point is conditional use. And to a great degree 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 Scott's already covered that in the presen%ation he has made concerning site plan. And I know that you have through the staff report, but there are 12 items. And just let me go over them very quickly so we can show and demonstrate that each and every one is met. For example, the first concern is ingress and egress. We have done that. We have done it better than if you just leave it C2, three lanes not two lanes, the lights, left hand turn lanes, all at the cost and expense. Ingress and egress is an improvement. The second and third standards relate to the parking and loading areas. Again, we have done that, I think we have received compliments from the staff on that. The loading area is next to the building. It is well buffered. The parking is more than adequate. This is one of the people that did not come to you asking for a waiver of variance please get rid of parking. You see, by doing these kinds of things you get a superior development. we're actually four parking places to the good, actually six parking spaces to the good. The fourth standard relates to utilities. Again, all utilities are provided and the standard is met. The fifth relates to screening, buffering and landscaping. Once again, we have gone beyond what anyone 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has asked us to do. We could have trees 30 feet apart. We're doing trees 20 feet apart. We're doing three different kinds of buffering between residential neighborhoods, 18 percent open space. lighting, or exceed The sixth standard, it combines signs, traffic and economic effect. Once again, we meet all of these standards; and-site planning we'll do whatever is necessary on photometrics. The signs, again, they've been toned down. This is no= a standard Krispy Kreme. You're getting the kind look that you want. Once again, everything that is required. The seventh standard, places. No variances here tonight. do anything. We are meeting or exceeding your standards. The eighth standard is compatibility. You already heard about that in that context. You know we meet it. Not only did we have an expert, but your staff says we meet it. of Spanish Mediterranean we have equaled or exceeded set back on open We're not asking you to The ninth standard is harmony. Once again, your staff says that we met that requirement as to harmony. And, again, you heard, again and again and again that C2 is designed to be compatible with a residential neighborhood. As far as economics are concerned, well, the duplex is at best, has a value of abou~ $150,000 or so. You 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know that this commercial development will be worth at least a million dollars or ~re at least on the tax rolls. So in terms of real estate t~xes if nothing else, you're talking about seven times the value, seven times the real estate tax for your city; but as well obviously we're going to have construction jobs, as I will talk about a little later. We're going to have employees. We're. going to have people using local services, insurance companies, et cetera. So there is going to be a significant economic impact, one that will be to our benefit. And, again, the ninth standard is met -- The tenth standard i$ met, excuse me. The llth standard has to do with land development regulations and the site plan review. We've already gone through thatl The staff says we met it. So, once again, we met our burden of proof. That is met. The last standard has to do with compliance with abatement of nuisances and ~azards under your land development regulations. We've gone to a great degree to make sure there are no nuisances, as I will discuss with you in a little bit. We're happy to talk about what you're thinking about as being nuisances. The side boards. We ha~e gone to the trouble again of having this triple layer of barriers. As far as the safety is concerned, this is one of the few times where I really get to represent someone who i~ going ahead and 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3O improving safety on the site and off site at their own cost and expense once it is requested of it. Therefore, with respect to the conditional use, we meet all 12 standards. The staff agrees and we agree. A number of questions have come up today, and it's based on the recommendation from the planning and zoning board at that hearing. I would like to address them because I think they are on the mind of staff. And I will try to make this quick, and this will end the applicant's presentation. Firs%, there are certain procedural items. Certain parties asserted that notice provisions were not followed. Yet they were obviously in attendance and had heard about the meeting. We feel comfortable that the notice requirements have been properly followed. Second, your ordinances say that you cannot amend as to certain material items after notice or publication. It's important to note we did amend this application, but we amended before the notice or publication, precisely following your ordinances. Last there was an assertion that the application had no justification or discussions impact. Gee & Jenson did offer justification statements in the application and further supplemented in answers and in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 writing 'that was presented at the planning and zoning board. Accordingly, there are no procedural measures to keep you from processing this application tonight. Also raised were issues related to the number of employees and parking of those employees. The store will hire an average of about 65 employees. However, there are only 12 employees per shift. The reason for a higher number is obviously some of these people are part-time. Typically no more than 50 percent of the employees drive since they are younger and in many cases rely on their parents or public transportation. In any event, the applicant, as a good neighbor, would be willing to discuss with you any kind of additional conditions so that there isn't employee parking in the neighborhood. Obviously, as we say, we're already almost five spaces to the good. We can contain this all on site. It's not a problem. There was also some discussion as to whether this was some oversized store with the purpose of being a manufacturer of doughnuts. This is not the case. Sales at this location will be made up of approximately 80 percent of the total gross revenue right on site. Another ten percent is related to charitable and civic organizations. And a remaining ten percent is related to deliveries outside of the store, but those deliveries are at re,ail prices. And 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 32 those deliveries are made just by your regular van. is no wholesale~ no contract with Publix. oversized store for the purpose of being place for doughnuts. There This is not an a manufacturing There has also been questions with respect to delivery of supplies at the location. I am told there is one delivery per week from the commissary in North Carolina. That is how the supplies get to the store. And that accounts for approximately 98 percent of the supplies that they need. So there's only going to be one semi-trailer visiting this site; and those deliveries are on pallets. They take approximately 20 minutes. Look at the degree they went to to hide the loading area. And other than this one truck per week, there is no other semi-trailers or trucks visiting the premises. All other deliveries, for example for milk, they are by panel vans and much smaller vehicles. The only other truck that is going to be visiting this site is trash pick up, which is true of any other commercial space. Accordingly, by having this approved they are actually getting the least amount of truck/trailer traffic for use in C2 you're going to get. There's also been some questions concerning the location of the drive through menu board. We'll take the measures necessary to accommodate neighbors. And like 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 the employge parking situation, we're willing to discuss with you conditions to make sure that the neighbors are not disturbed. These sign menus are no~ like the old style. They've come a great deal, come a great long way in terms of keeping the sound down, directional sound use, and this is not a problem; and we're willing to discuss it. You'll find this in your packet, and I think this is important, a letter from the police chief of the City of Tonawanda. And it relates to a store that is approximately 80 feet away from a residential area. Let me just -- and I will be happy to make this part of the public record -- let me just give you some photographs you can take a look at. You see that is a site without buffering walls, all the other things we're going the letter speaks for itself. No noise problems. difficulties. This is not the kind of thing that any trees, to do; but No is going to be a problem for this neighborhood. In fact, as you have heard, your code and your comprehensive plan encourage this kind of activity, this kind of application so that you can get -- short and sweet -- a better quality commercial development, which gives you a neighborhood edge and protects the area around it. And, therefore, we would like you to vote in favor of the three items that are before you: land use map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 change, rezoning and conditional use. I have people here who wii1 be happy to answer any questions. I would now rest the applicant's initial presentation. Thank you. MR. CHEROF: Is there any other organized group as opposed to individuals who want to speak just as members of the public that want to speak in support of the application? Anybody that wants to speak in support of the application other than individuals who will speak during the public hearing? THE MAYOR: Are you representing an organized group? FROM THE FLOOR: Not at all. THE MAYOR: You will come forward in the public hearing then. MR. CHEROF: Individuals that represent groups of objectors to the application? It's your opportunity to speak at that microphone. MR. STAMBAUGH: I need to use the podium. MR. CHEROF: He can adjust that for you, but please speak from that microphone. Mr. Stambaugh, you can have as much time as you need, but please also incorporate whatever cross-examination you have of anybody that's testified. MR. STAMBAUGH: Thank you very much, Mr. Cherof, and I sure do appreciate the introduction. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My name is Reginald Stambaugh, and I represent SOS, Save Our Street, about 80 residents who signed a petition which I submitted as part of the public record. I also represent Mr. Craig Stanley who heads up that organization. Essentially the residents have some concerns tonight, and I'm going to identify some of the issues. I have been sworn in. I am going to speak as a witness in terms of testifying as to certain facts. I am also an expert in real estate law. I am a Board Certified real estate attorney licensed here in Florida, which allows me the ability to designate myself as a specialist in real estate law. What that means is that I am testifying as to the application of the laws, to the instant set of facts as an expert. And I will also be making a comparative analysis very briefly; and I furnished every mem3~er with a very small package of information, which is our approach to some alternatives to what is being proposed by Mr. Weiner and his client. And in listening to what Mr. Weiner was speaking about, I'm taken aback because it was almost as if this is a -- And at least before the development board it was in fact a take it or leave it attitude, a take it or leave it presentation. This is what we are doing. We know what is best for the City of Boynton Beach. You will accept 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it, and these are the wonderful things that we are doing. In your packet you will see that there is a comparison. And I met with the City of Gainesville Planning and Development Board. I wanted to compare what is being presented tonight with the City of Gainesville's already existing Krispy Kreme. So what I am d6fng is I am comparing apples with apples. What Krispy Kreme already, has now in operation versus what they are looking to put in on the subject site. And in that comparison, which is in your packet, you will see there are viable Krispy Kreme's in other locations in the State of Florida which do not create the demands and the lack of compromise that the present proposal is demanding. What we are looking at before you right now is some rezoning. Okay. And the rezoning is residential to commercial. That would be fine, other than the fact that one of the criteria for rezoning is that there aren't any alternative proposals. Now this is a guideline, this is a criteria, but city staff -- and I am just taking the facts and the staff site, already existing duplex, admissions already presented before the City have admitted that there are alternative sites. The negative impact that is created on this there is an already existing duplex. There is an which would be required to be torn 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 down. There is already a delineated line between the property and the residential. What they're looking to do is tear down residential with an already existing duplex and put more parking on there. vacan5 Let me explain. If you look at that proposal the site plan right there. And I took that there, I mean development and made a copy of what was given to me under a public records request, and I request that be part of the public record. That indication of red, which I have highlighted, is the duplex. The green is the vacant lot and the zoned commercial property that is already zoned. The blue is the already zoned commercial. Now, in the packet that I gave you, very briefly, Plan A, which I'm suggesting shows the blue lots, those lots as being all commercially zoned right now, C2. It's good to go. It's ready to go rlght now. And I think staff would indicate to you that you could build a commercial building on that property. Right now the square footage of that C2 is only 1,000 square feet less than the Gainesville property where Krispy Kreme is already building, has already built rather. It's been there since 1960. They have been selling doughnuts there for a long time. Admittedly they don't have the drive through. 38 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's one of our objections. They don't have a drive through; but the applicant isn't going to consider any compromise. They're not going to consider any changes like taking out a drive through. It's a take it or leave it, even though they have a Krispy Kreme that is working very well. The removal of the drive through will add a benefit to the residents because you're not going to have a 24-hour a day, seven day a week people driving through listening to the background noise that comes with the ordering and just the traffic. You have 18 wheelers. You have truckers. And truckers love doughnuts. And they're going to be coming up there, they're going to be getting their doughnuts. It is a wonderful thing. We're not against -- We're not against Krispy Kreme going onto Boynton Beach Boulevard. We would love Krispy Kreme to be there. What we want is we want compromise, some alternatives that are viable that will not negatively impact the residential area. And when you tear down an already existing, already used existing and used residential duplex, you're negatively impacting that property and the residents around it by putting all this parking there to accommodate what is in fact a doughnut factory. I contend with Mr. Weiner's argument that this is no~ a doughnut factory because I got on the website of Krispy Kreme today, and I looked up the history of what 39 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 Krispy Kreme is about. And in fact Krispy Kreme originated in Nashville, Tennessee. And the individual that had the secret recipe moved to Winston, Salem to wholesale doughnuts. And it was only until residen%s or people going by came knocking on the door asking for hot doughnuts that he started retailing. In fact the location that right now is a doughnut factory. That's purpose and intent of Krispy Kreme, and That's why we see them in Publix, fast 7/lls. This is Alternative A, which I is being proposed the original it remains so. food stores and a 4600 square foot building. have here in the comparison and, Mr. Rumph, if you could, present the next copy. Actually, the next one, not that one. Thank you ver~ much. The comparison which is in your packet shows Alternative A, which is a comparison of the site plan of the City of Gainesville. And let me remind you the City of Gainesville site plan originally had a lot less square footage. They added additional parking so that more of their vans could go in and out to do more wholesaling. So they added more parking in 1989. And under their site plan, even if you included their additional parking lot, there's only 1,000 square feet short of the already existing C2 zoning, which is before the commlission tonight. There are 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 only 1,000 square feet short of the already existing C2 zoning that's before the commission tonight. And that's with the additional parking which was added later down the road for Krispy Kreme in Gainesville. Alternative B is what we would love to see. You've got vacant property. Let's fill it up. Let's make a Krispy Kreme doughnut store there. 14,673 additional square feet they would have in comparison to the Gainesville site if they just left the duplex alone and they just left the wall there dividing the vacant property from the residentially used property as is. The integrity of the residential neighborhood remains, and the issues that the residents have with Krispy Kreme are resolved. It's a shock to me that it's a take it or leave it. And I do think that is why the development board turned it down four to three is because Krispy Kreme comes in here and says we're doing you a favor. We're giving you the best. Well, there are constituents here. And as you will hear tonight, some of my clients will be coming up and speaking who live right across that property, across the street. These voters want doughnuts. They would love to have some hot doughnuts, but they don't want a situation where commercial property is encroaching on already existing and viable uses. And the criteria for the land use plan -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I'm going to state it -- says under 1.19.6 of the comprehensive plan policy land use only states, "The City not allow commercial uses unless a particular property is unsuitable for other uses or a geographic need exists which cannot be fulfilled by existing commercially zoned property. And a commercial use would comply with other applicable comprehensive plan policies." City staff has admitted to me on a number of occasions and I checked with staff before this meeting, and I asked Mr. Rumph would you please let me know if staff's position has changed. Is staff's position the same that there are viable alternatives. And he said yes, there are viable alternatives. There are sites. The Gateway site 30,000 trips versus what, 40,000 trips in this case. I don't think that that is giving up too much when you got, when you have a si%uation where you don't need to tear down and commit waste by tearing down already existing building. The photographs I have in the packet essentially shows the Krispy Kreme in Gainesville, shows that it is a viable use. It shows a picture of the duplex, which is going to be torn down, so that you all can see -- And I took these pictures myself. I took the pictures of the eas~ elevation, a picture of the duplex. And it shows the east shot, that building will be raised under the present plan. And the south elevation also shows all the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residential area. These are residential homes that are viable right now. There was a notice issue. I'm not going to address the notice issue in terms of whether they posted for the site plan application. I did put it in my packet, but this is not an issue I want to focus on because this needs to be resolved. My clients need to go home and sleep at night knowing what the commission would like. I do want to say though that that packet was delivered by Mr. Weiner's office on November 21, 2001. And the site plan application was included in this. And with Christmas and the holidays through December and all the way up until today being January 2nd, the opportunity to have gotten Kimberly Horn here -- who I spoke with today -- everyone was on vacation. And if the commission is deciding to go in the favor of Kr±spy Kreme, I would only ask the opportunity to come back and allow us a little bit more time to digest what this packet contains because between now and between the time this was submitted and today, we have not had an ability to fully digest this that we would have liked to. I'm trying to bring out the important points, but we don't have Kimberly Horn here tonight. I can only testify as an expert myself that you're not meeting the requirements of the land of the comprehensive plan; and 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you're not.meeting the requirements. To me you're not meeting the requirements of the code because you have a viable use right now. Let me see if there are any other housekeeping items I want to make or any questions I want ask of the staff. (Pause.) MR. STAMBAUGH: One point that I do want to make, and these are facts already submitted. The expert which Mr. Weiner had was speaking as to the fact that the zoning, the presen~ residential duplex zoning is almost obsolete. to I would contest that. Having spent considerable amount of time in the City of West Palm Beach with the new downtown masker plan and the zoning that was there, duplex is a viable alternative. Not only that but is a good alternative when you're looking to step down. It's a gradual step from single-family residential to commercial rather than going from commercial C2 it to duplex right straight down with a harsh result of residential single-family residence. There is a step down, a softening in fact when it comes to the rezoning, I mean, comes to the zoning that is already existent. And that is why it is there right now. original planners were not dumb. They did this for a hitting this The 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 particular purpose. One other point that I want to make is you all might remember a while back all these restaurants submitted a site plan application on the vacant property only. They did not look to tear down a duplex. I have no~ submitted that site plan and all the back up to that in the record. I would only ask the commission to take note of the city's own records and recollect to their own recollection~ the city's own records, that in fact there was a viable commercial property site plan that was before the staff which only took care of the vacant property. It did not intrude on used property or residential property as being used right now. Okay. The only thing I would like to do is if I could just get Mr. Rumph to confirm the fact that there are other alternative sites than the proposed site; and that the commercially zoned property that is there commercially zoned now is viable. That would be my question. MR. RUMPH: Yes, for the record, Mike Rumph, city planning zoning director. That is how I understood the question to be which was posed to me prior to the meeting tonight by Mr. Stambaugh, and that was would staff's report still remain the same in that staff does assume or acknowledge that there are alternative-sites elsewhere in the City where this use would be allowed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yes. My response stays the same. It is not the only criteria we looked at, of course; but, yes, there are other commercially zoned properties in the City. We do not go to great lengths to determine what the availability of those parcels are, whether they require assemblage or not, the cost comparisons; but, yes, generally there may be land available, commercially zoned, which would be both C2 and C3 that would allow the use as well as CBD. MR. STAMBAUGH: In conclusion I want to thank you all for your time. And I will make myself available to answer any questions the commission might have during their deliberations concerning the alternative proposals that we have. We are looking for a win win situation here where the residents can go over and get a hot doughnut. We do have the concerns of the drive through. We do have the concerns of double, almost double the square footage of the Gainesville site, which is a viable site. And I will just thank the commissioners for my opportunity to speak on behalf of my clients. And on a final note I remember being here just a while back, taking a look at the Federal Highway Corridor; and when I first took a look on a personal level, I said to myself well, isn't this C4, isn't this industrial. They are going to be putting out a lot of 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doughnuts here, a lot of doughnuts. And it's just a concern that we have. And I do appreciate your time. Thank you. MR. CHEROF: Mr. Stambaugh, before you leave, would you just confirm what documents you wan~ed to make of the record. MR. STA~BAUGH: Absolutely. I appreciate Essentially what I furnished to the commissioners to the clerk tonight is my submission, which I put part that. and also together, and the facts that are represented in there I can testify personally to, I put them together, and the legal analysis and the comparisons based on my experience as a real estate lawyer and specialist. It's the legal basis to deny Krispy Kreme development with available alternative proposals A and B. This outlines the rezoning criteria which were not followed, the ones stating that under the existing zoning a duplex already exists. And essentially flying in the face of Chapter 2 zoning, section 9C7F. And also whether there are adequate sites elsewhere in the City for proposed use where such use is already allowed. The fact the staff admits there are alternatives pursuant to Chapter 2 zoning section 9C7H and inclusive of that are the proposals of the alternatives, and those are really the focuses that I want to provide to the commission. That being part of the record as well as the Gainesville site plan, which is in your package, but it's 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 kind of hard to read. It indicates the square footages that are part of the site plan which was approved in the City of Gainesville. The square footages of the building in Gainesville -- and this is under the comparison -- the total building is 2,400 square feet. That's on the site plan. I received a copy of that from the City of Gainesville. I have that to submit as part of the record. Also the total building, I mean the total area being 14,295 square feet, which the original site plan for Gainesville was actually 4,000 feet less, 4,000 square feet less than the commercially zoned property that is already zoned right now, which is about 18,000 square feet. So when they added the additional parking to provide for more vans to come in and out for selling of their doughnuts, they increased the site by about 4,000 square feet. So that site plan I wanted to include. And, of course, the site plan which I was making reference to already whick is the applicant's site plan. And their survey showing the zoning differences. Thank you very much. objectors move on followed speak. THE MAYOR: Thank you, Mr. Stambaugh. MR. CHEROF: Any other representative to the application? If there are none, we would to members of the public who signed up to speak by members of the public who have not signed up to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 MR. ROBERTS: MR. CHEROF: please identify yourself. qualifications to testify, I am Mark Roberts. Again, as you come up to If you have special state them; and please speak, incorporate into your presentation your cross-examination of any witness. MR. ROBERTS: My name is Mark Roberts and I am representing myself and RHS Corporation, which owns the property to the due wes5 that has proposed this amendmentl To start off with, I have a legal issue that deals with the modification of the original application. First I will start off by saying that I presented to the city clerk today a package that had 10 Exhibits, and you were presented that. And there's a list of each Exhibit. Exhibit No. 3, and I'm going to get it from Mr. Cherof, which the Exhibit is a copy of the City Code and it clearly states that after notification to the public from the original application that no modifications can be made to the original application as far as increasing the size of the request for the land use or increasing the size of the building. In document No. 4 Krispy Kreme's attorney, Mr. Weiner, submitted a letter to the city requesting the city accept an amended application where the size of the ,- 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property was increased and also the size of the building was increased. It is evidenced by looking at documents No. 5 and No. 6 and comparing them that there was an increase in the application. This increase was after the public was sent notification. So according to your own statutes, this application should not be considered based on your ordinances. To further prove that it was modified the applicant on No. 8 submitted a surveyor's affidavit that shows that the property size was increased from the original application. So that's a legal issue. And I believe that it's very likely to be challenged. It is not consistent with the application. Getting on, there's a couple of other issues as far as legal. The application, because it was modified in the initial application, the size of the property did not require certain things to be included with the application. Those were comparison of the water damage, water demand, comparisons of sewerage flows and also the required projection for the number of employees. When the applicant modified their application, they then became required to submit these. And they were not submitted. In addition to that, they provided a 50 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 justification statement trying to justify this land amendment. And when they modified it, they didn't amend their justification statement. So right now the only justification statement in front oX you is my document No. 10, and it only asks for .26 acres. It's totally different than from what is being requested tonight. Being that they did not submit all the required documents at the last week's hearing, they, one of their experts said they were going to have 90 employees. Tonight they say 65. I don't know what it is. You don't know what it is. And the reason is because it's not included in the application. When I heard that they were going to have 90 employees, I attempted to -- By the way, I objected at the last meeting because when I got public notice I immediately submitted a public records request. And the public records request was provided to me the Friday before Christmas. The City was closed on Monday. was closed on Tuesday. And we only had the public And I tried to get other information, the City was provide it. The City hearing. unable to Now at the last hearing they indicated they were going to have 90 employees. It wasn't included in the application. I attempted to contact a professional; and due to the short notice and incomplete application, I was not able to get a professional witness to come in to make a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 statement that the parking would not be sufficient. So those are basically my legal issues. As far as getting on to why this should not be approved by you. The first thing is that the applicant is required to justify the land use change. And your codes specify what their requirements are. And they only have one requirement. The requirement is a statement why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. There's really two issues as far as the land. One, if you recall Mr. Stambaugh's diagram, there was a red area. It's clear that that portion of the property can be left off of this request for a land use change, and it should be. The other portion is jointly owned and possibly should be. There possibly should be a land use change; but clearly there should be a distinction between the red and the green. The red portion already has an existing duplex. And it's impossible for the applicant to justify why that property Ks unsuitable for development under the existing zoning. And that's a requirement that they have to do. And it's impossible because it already has the duplex on it. Later on, as an expert witness, I'll get them to confirm that it is usable as it is, and that is one of the criteria that they have to meet is that it cannot be 52 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 usable under the existing zoning. This request is not consistent with the comprehensive plan. It's specifically the objective 1.17, the policy 1.19.6 and policy 1.17.1. I have included those in Exhibit No. 2. Basically, as Mr. Stambaugh said, policy 1.196 states, "The City shall not allow commercial uses unless a particular property is unsuitable for other uses." Obviously, the red portion of this request is suitable for other uses because there's already an existing use. Secondly, the comprehensive plan says that you can't do this unless there's a geographic need which exists that can't be accommodated. The city staff report states there are other properties. And the city staff in a professional opinion got up in front of you and said there are other locations; therefore, this is not consistent with the comprehensive plan. The proposed land use is contrary to the established land use patterns. The residential property of this application abuts a residential development to the east and to the south. And the intensive use of this commercial development is contrary to those residential properties. In addition, the properties to the west are already developed; and although they are zoned C2, they are developed as low intensity C1 use, which is strictly professional. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 businesses they operate from 8:30 to 5:30, Monday through Friday, and they provide a low intensity buffer from the heavily traveled Boynton Beach Boulevard. They create no negative effects to the residential neighborhood. On the other hand, Krispy Kreme proposes a seven day a week, 24-hour drive through fast food restaurant. The restaurant will create a perpetual burden of loud noises late at night and early in the mornings; and this is contrary to the established land patterns which currently abut the residential neighborhood rather than bringing the intense commercial development directly into the neighborhood. If you so choose, which I better use of the property as far as the have the land use changed to C1, which is basically the way the properties to the west are actually developed which would basically prevent loud noises late at night; and it would be better for the residential neighborhood. If you've read your staff report, it indicates there are no changes or changing conditions that make the proposed rezoning desirable. Well, it shoul~ become desirable if you want to change it. It shouldn't be it is no~ better, so I don't think that should be a reason. That should be a negative reason. Most people choose -- and I think you would think would be a land use, you could 54 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 agree with this -- not to live close to an all night, drive through fast food restaurant. Because people choose not to live next to something that causes loud noises, has lots of lighting, this will decrease in my opinion the value of the residential homes directly next to this. Nobody wants to live next to an all night drive through. And the proposed buffering and landscaping that they propose do not adequately mitigate the negative impacts of loud noises, the fumes from the vehicles and the trucks and the required lighting. way that it residential Currently the house that's on there and the is zoned has no negative impacts to the neighborhood. Another criteria that the City evaluated is whether the property is economically and physically developable under the current zoning. As I have already discussed and it's been discussed by Mr. Stambaugh, the residential duplex is currently developed and it's definitely both physically and economically developable because it already was, so that criteria is not met. The vacant property, which you could consider also as a separate entity, is physically and economically developable. And in that package that I gave you under Exhibit No. 9 I presented a proposed site plan that came before the City commission for Augie's Restaurant. The City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff recommended it. A licensed Florida engineer designed it. And it met all the requirements of the City Code. So the property that is vacant as a whole can be developed and in fact Krispy Kreme can build on it probably without any problem. They would have to modify their plan. I think this is a better solution for the City, and in this case it doesn't grant Krispy Kreme a special favor that other people haven't been able to get. Lastly, as clearly was talked about, there are adequate sites elsewhere in the City that this can be built on. If you were to listen to Krispy Kreme, you would have to believe this development that they are proposing is the greatest development that ever could be put in the City of Boynton Beach. But there are a lot of concerns. I am concerned, one, because I think that it is not good in this neighborhood to have an all night, 24-hour fast food -- Well, I don't even care about fast food, 24-hour business of this magnitude to come on in. And I think that you have appointed members of the planning and zoning board, and they evaluated it last week, and they also agreed that the magnitude of this development was probably not good for the City as a whole. And, down. therefore, they heard everything and turned it town I guess I would like to, as a last thing, ask 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bruce Chatterson to, if he could, answer whether the property that has the red outline on it which has the duplex is currently unsuitable for development under the existing zoning code. MR. CHATTERSON: Yes, indeed the site currently has a duplex on it. No one is questioning that. The question is, is the R2 zoning the-best way to effect a transition in this area. In my opinion it is not. MR. ROBERTS: I'm not sure, did you want me to read into each Exhibit or is that satisfactory since I provided the table of contents? MR. CHEROF: You're talking about the package you left with the clerk? MR. ROBERT: Yes. MR. CHEROF: If you simply want to make that part of the record of the proceedings -- MR. ROBERTS: Yes. MR. CHEROF: Did you provide that? MR. ROBERTS: I provided it with the City Clerk earlier. I'm not sure if they received it or not. Did you receive it? MR. CHEROF: Yup. MR. ROBERTS: So it is part of the record. MR. CHEROF: It's up here in front of them right here now, it's part of the record. ~ ~ 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ROBERTS: Thank you. Thank you very much for your consideration. I'm sorry I took so much time. MR. FISHER: Question on procedure, Mr. Cherof and staff. Different attorneys have gotten up and said yes, we have done it and no, we haven't. My question to you, Mr. Cherof and staff, in your opinion procedurally have proper order in order to bring tonight? director. I could go know what my position things been done in the it before the commission THE STAFF: Mike Rumph, planning and zoning through each of the items and let you has been. Most importantly, the application itself, I understood that the application itself was amended to a certain degree. However, since that was prior to public notification, prior to the City's full analysis and also due to the fact that part of the reason it was modified was based upon an error shown on our zoning map unbeknownst to us at that time, so it was justified to come in the way it was. it? MR. FISHER: So procedurally you're fine with THE STAFF: That's correct. MR. ROBERTS: Can I ask him a question? MR. FISHER: That's all I have. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ROBERTS: Since he was just asked that as an expert. Did the applicant resubmit all -- submit a new application or did they submit a modified application? Because it is my belief when I submitted a public records request, certain portions included in the modified, THE STAFF: of the application were not and I outlined what they were. The city zoning director elements of the original application are combined with the second application. You called it an amended application, so be it, or a new application; but portions of both were combined together to meet all the requirements that we needed to process the application. MR. ROBERTS: So they did increase the size of the area from the original application, is that correct? THE STAFF: That's correct. MR. ROBERTS: Thank you. MR. WEILAND: Mr. Mayor, motion for a ten-minute recess. Let's go. (Recess was taken.) MR. CHEROF: Next person to speak. The meeting is called to order. Terry Iiames, is that correct? MS. IIAMES: That's correct. How are y'all doing tonight? My name is Terry Iiames, I live at 656 Northwest First Avenue, Boynton Beach, been there since 1979. Mr. Weiner asked when I was here before, why would we 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 buy in such a neighborhood. Well, when I bought in the neighborhood -- First of all, my dad built it there, okay. And that neighborhood at that point in time was all residential. I lived across the street from a house that was torn down and now is a doctor's office, a dentist office, which is okay because they are gone by five or six o'clock. They are no~ there all hours of the night. Since then, we have the Waffle House I have to put up with 24 hours a day, seven days a week. I am not there during the day so I don't mind. If they were open until nine o'clock at night, I wouldn't care either. But to listen to this all night long (indicating) at eleven o'clock at night, at one o'clock at night, at two o'clock at night, having tractor trailers roll in because they do roll in. Whether he wants to believe it or not, they stop now at the Waffle House. And where do you think they park? They park on Seventh and First; so, yes, we do have a lot of traffic. I also have a problem, they have a gate. Why do they have a gate to that back wall? They have 90 employees he said at the last meeting. shift, okay. And at 30 per shift, when 90. That is 30 per they make their shift change whenever they do, employees there. 30 going out, they going to park? They have Where are they all going to they're going to have 60 30 coming in. Where are 50 parking spaces or 54. park? I have a problem with 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 that. I also have a problem with the noise. I'm raising a child over there. I can't even leave my windows open because of the Waffle House. And they don't have a drive through; but you get people coming in at two, three, four o'clock in the morning who have been drinking, that go there to have a cup of coffee and something to eat before they §o home so they don't have a hangover or whatever, and they're noisy. They throw their beer bottles over the wall. I can't even leave my windows open. And I've been in town a long time. I'm 52. I have been here probably longer than everyone else on the commission has been here. Well, okay, one more, two more, you too? Three more, okay. Well, the City of Boynton Beach has made quite a few changes; but when I moved into that house, it was all residential. And I don't mind that it's C2. Someone said I was unAmerican because I didn't want Krispy Kreme over there. That's not true. Mr. Weiner came out and said, "I'm Mr. Mike Weiner, and I'm an American." And I said "Well, I'm an American too, and I have the same rights as Krispy Kreme does." I couldn't figure ou~ why he said that, but I've been asked that several times. How could I be against Krispy Kreme? You're not American if you don't like doughnuts. Well, I like doughnuts. Look at me. I mean, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you know, I like food, okay. But I have a problem with the noise. live next complain. minutes. Listen to the microphone. If you all had to to the Waffle House like we do -- I don't don't call the police department every five never do. Yes, there's only been one complaint over there because us, as neighbors, try to be good neighbors. But it's kind of awful when they throw their beer bottles over the wall. They urinate ou~ there. They're loud. Okay. And I have a problem with that seven days a week, a tractor trailer coming in there. I would like to get some sleep. And then he said well, why would I buy there. Well, I bought a long time ago. I like my neighborhood or I would have moved. And I don't even mind if they have a drive through. I just don't want it with a microphone so I can listen to it all hours of the night. And the lighting 24 hours a day, seven days a week and the doors shutting in and out from their employees. You're going to tell me a 16-year-old who doesn't drive, okay, or anyone younger than that that is going to work for them doesn't drive, that is going to bring them to work or use public transportation? Hello. Most 16-year-olds do drive. And the ones -- I mean, you're talking eleven o'clock at night. What parents do you know that are going 62 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 6 7 to let eleven o'clock? you with yours? about here? I'm not parking spaces. their child 16-year-old work 11 to 7 or work at Because mosn parents won't do that. Will So what kind of employees are we talking And one of the other questions I had to -- sure what your name is -- you. MR. BARBER: Scott Barber. MS. IIAMES: Scott Barber is he's got 50 I would like to know when they're making their shift change, where are they going to park? And why would you have a walk through in the back? Because if I'm going to go to Krispy Kreme, have a walk through there? MR. BARBER: MR. the microphone. MR. CHEROF: I will come around. Why do you It's a requirement of staff Scott, you need to come up to BARBER: Scott Barber, Gee & Jenson. It's a requirement of staff in the zoning code that talks about the compatibility of commercial versus residential to have a residential connection that doesn't force residents to walk on someone else's property to get to the front of the building. So you either walk all the way around or you pick one of the properties to transit to get to the fr6nt. MS. IIAMES: Well, I have a real problem with 63 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that because their employees are going to be parking on our street and walking through because they're not going to have enough parking. If 30 employees working bring 30 cars and they have 50 parking spaces, that only leaves you guys or me who wants to come over there 20 parking spaces. That's not a lot for a sit down restaurant that's going to be open 24 hours a day, seven days a week. Mr. Weiner also said that there would not be any tractor trailers but once a day. Well, what time is that going to be? Because you can't tell me they make a decision and say I am going to be there before five o'clock because you know yourself that's no% happening. They also use panel vans. And people aren't quiet when they're working. So when you come in with a panel van, Mr. Fisher, and you told me when I talked to you that they would have no tractor trailers there. One, that's not true; and, two, the panel vans do make noises. And if you had to listen to that 24 hours a day, seven days a week and a microphone and all the lighting they're going to have, it is very disheartening. And I feel that my property value -- Who is going to buy my property if and when I decide to sell and have to live next door to an all night 24 hours a day, seven days a week restaurant who is not just makinG doughnuts to ~ ~ 64 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sell on the premises but making doughnuts for the whole of South Florida. They get their doughnuts from Jacksonville or whatever up north. They would have this location to mass produce doughnuts for South Florida. Now you tell me that they're not going to be coming in at what time of the morning? What time do you get fresh doughnuts? When does Dunkin' Donuts have fresh doughnuts? First thing in the morning, so they are nice and hot. So two, three o'clock in the morning they're going to have people there making doughnuts, making lots of noise. And I have a problem with that. I know, Mr. Fisher, you already made your mind up. You already told me you did. You were going to vote yes regardless of what we had to say here; but I'll tell you, as a person who votes, I find that you not having an open mind just bewilders me because I would like you to come live in my house and have to listen just to the Waffle House much less the Waffle House and these guys. And the Waffle House only has about 25 employees. Wendy's is open until 11. We hear them at night, okay. And they only have 25 to 30 employees. But 90, that's a lot. Thank you for listening to me. I appreciate it. Have a nice day. MR. FISHER: Mr. Mayor, if I could, I would like to clarify her statement. What exactly I told you was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the information you provided me, okay, the information you provided me, okay, there was nothing that you provided me to make me feel that the Krispy Kreme would not fit in there, okay. But by no stretch of the imagination was that my final choice. If not, I wouldn't have to be here tonight, okay. So that was my statemen~ to you was what you provided me, the information I had, there was nothing compelling me to think that the Krispy Kreme would not fit in that neighborhood. But I am here to listen to all the different peoples' point of view on that. Thank you. MR. CHEROF: MR. STANLEY: 640 Northwest First Avenue. appreciate your time. John Craig Stanley. John Craig Stanley, I live at I have been sworn in. I do This whole event has made me tired, fellas. From the start, I looked for a compromise. I want them to build on the vacant property that's available. Tonight they are giving you all the impression this R2 duplex at 633 is a rental. gentleman that owns that property, son-in-law live at that property. that this rental property, That is incorrect. The his daughter and I lived there at one time before I bought the property at 640 and built my home. I own the vacant property east of my home. All I'm looking for is fairness. I'm looking for you to do the job that the residents voted you in office to do. That's to be fair, to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 represent the voters and the residents. This paying any taxes in been in the area or man is running a corporation that is not the State of Florida right now. I've in the City of Boynton Beach Coun%yo He's trying to build a restaurant up in West Palm which he's having all kinds of problems with. All I'm looking for is a little fairness. I'm looking to sit down with these people. My lawyer has shown you a plan that will work of Krispy Kreme that's in Gainesville. And that's all I'm looking for is a little fairness, for you to do the job that the residents elected you to do. I'm not looking for a fight. I don't want to come up here and criticize them. I don't want to talk about 24/7. We know it's there. If it wasn't there, he would have told you from the minute he got up here that it wasn't 24/7. It is 24/7. It is a manufacturing plant. It will ruin our property values. You guys aren't in the area, I've been there 21 years. It will ruin our property values. Thanks for your time, I appreciate it. I just expect you to do your job. Thank you. live at 644 MR. CHEROF: Beatrice Jean. THE WITNESS: My name is Beatrice Jean. I Northwest First Avenue, and I just wann to say that I disagree against the development of Krispy Kreme because of lighting and because of the fact that I live 67 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 across from the construction site. And I don't think that you should build something that will be making noise 24/7 and that will have a lot of pollution. The smells that will be coming out of this restaurant will cause distraction to the neighborhood. Also the cars coming in and ou~ and the fact that they have a drive through and the speakers. That's about all I want to say. Thank you. MR. CHEROF: Thank you, ma'am. David Katz. MR. KATZ: David Katz, Boynton Beach. The lot that they're proposing to build on has been numerous things, a dumping ground, used car lot, most recently probably the site of some unsightly campaign signs. You've got a company, a top drawer company that's hoops. any impact City except to develop it. coming in here, that's jumped through all kinds of Staff has made them do that. They're not asking for relief. They're not asking for anything from the employ people and take this property and I asked the gentleman who is going to I guess be the owner of the property, the owner of the Kr±spy Kreme if he had to have the drive through. And he said yes; but it's not because it's an all or nothing situation. It's because that's what they require of the franchisee. The one in Gainesville is an old one before they had that requirement, so this is a gun that he's under. It's not a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gun he's putting the City under. The other thing in relation to the duplex, it's my understanding that the owner of the duplex is willing to sell it to him. If that's the case, that's between him and the owner of the duplex. And I don't think the City should get in the way of that. Having said that, I would like to see the property developed. It's a prime piece of commercisl property that's went empty for many, many years; and they would increase the tax value of that property and bring money into the City. Thank you. MR. CHEROF: Thank you, Mr. Katz. That exhausts the cards that we have. Is there anyone in the audience that wishes to speak? Please come and identify yourself. MS. I hadn't OTIS: Alice Otis, 203 Southwest 13th Street. intended to speak because I don't live in the area. But no one had mentioned the smell until the last young woman did. And that can be quite a factor. They can modify the smell, we know that, because Cracker Barrel was dreadful; but they managed to tone it down a bit. But if you ever smelled sweet grease late at night, it's nauseating. So I down. Thank you. MR. hope they do have some plan to tone it CHEROF: Thank you, Ms. Otis. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. BAPTISTE: Good evening. My name is Beatrice Baptiste. I don't live in the area, my mother does. She lives at 629 Northwest First Avenue. I live in Miami, 2720 Shipping Avenue, Miami, Florida 33133. I was really offended by that gentleman talking about that it's the owner and it's between the owner and he doesn't have a problem with it% Well, you know what, you give me enough money and I wouldn't have a problem with it either. And I don't think it's always big business against the little person. And my mother's going to be directly effected because the duplex that they're trying to purchase so that they can bulldoze is my mother's neighbor. And so my mother, which is a retired voter, is going to be directly effected by this. And also I want to say that they were very good friends before this happened. And the owner of the duplex did have a problem when the Augie's place that was going to be next to him was going to be built. And now that he's not going to be effected because he's going to get money to get his property sold, so now he doesn't really care; but when it was effecting him, he did care. And, again, they were good friends. They park all of their cars because each member of their family -- It's family owned. It's not renters, and they don't have enough parking spaces, so they park in my mother's driveway because my mother is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 retired and lives by herself. She allows them to. And they never mentioned any of this to my mother. As a matter of fact, Stanley had to mention it to my mother; and, of course, they didn't mention it because they felt guilty and they knew what they were doing was wrong. And, again, I think that him saying that, you know, going in between a big business person and a money hungry person, that's just ludicrous to think about is what the effect is of the residents, not just one. And I think that I it is, because what you have for the mass, the rest now with the economy the way understand that, you know, we want to try and get big business, but, you know what, think about everything that happened on September llth. Sometimes money is not the most important thing. And, yes, they are doing all these things with the street lights and with the re-routing, but you know what, that's to get more money in their pocket so that traffic will directly go into their Krispy Kreme. So you know what, yah, they are improving the City but not just because they're just being the good guy here or they're just generous, it's to profit them. So, you know~ favor, that, you please, try to make it seem like you're doing us a give me a break. And I am appalled when my mother tells me know what, she has to watch her money this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Christmas season because if this is built, then I have to up my security. You know what, at 65 my mother shouldn't be worrying about that she has to up her security and get more security system. Thank you. MR. CHEROF: Thank you, ma'am. Sir? MR. JOHNSTON: My name is John Johnston. I live at 708 Northwest First Avenue. I live very close to where the property is, and I just want to go on record to let you know that we have a terrible noise problem in the neighborhood now. We have a Waffle House that has a wall, has trees, shrubs. We do have beer bottles thrown over the wall, over the hedge. live across the street. being thrown there. And all I personally pick them up because I And there's constantly garbage hours of the night we have car alarms that go off. We have people that go to the 24-hour Waffle House, and it's going to be the same case where people come into this restaurant, and especially with an opening in the back wall. We have semis now that park across the street from it now. We have -- The City put a si~n up, no vehicles over 5,000 pounds I think it is except for deliveries. "Except?" Why do you leave an exception? I mean, we have semis that come from out-of-state; and there's a nice long strip along the sidewalk there where they can park. I called the police department one time about it and they said 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well, I said, you know, "I have a semi him to stop parking there?" about it." there, can you get They said, And I said, They said, "Well, is he blocking traffic?" "No he's not." "Well, there's nothing we can do So, I mean, it wouldn't bother me so much if they were open normal hours. You know, if they were to close sometime before midnight, it wouldn't bother me so much; but to be open 24 hours a day, seven days a week, I just think it's just going to be a problem in my neighborhood. Already now I have a problem with exterminating. I have rats that come out of the dumpsters that are on the other side of the wall from me. They come across and I've got -- I have to have the rat traps all around my house because of all the rubbish before it's picked up. Now nobody mentioned anything about that. But that's one of the problems I have outside of the noise. And I also think that there's going to be a problem with the traffic coming down and turning there. If you look at the way Boynton Beach Boulevard is now, when you come down the ramp from 1-95, that light only allows people to come out of West Industrial Avenue now, which isn't so bad. But when you have people coming across the way they're 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking about, you only have a short distance to go down that hill and stop. And we already had an accident about one week ago. If you go down -- I don't have the map in front of me -- but if you go down about one block from there where Seventh Street came across, the Department of Engineering blocked that off with a concrete abutment so t can't turn there any more. I have to drive a block down the street to Eighth Street to make a turn because they didn't think it was safe for anybody to be able to turn left there. And if you look at this and the distance between the hill, the overpass of 95 when you come down, you're going to have cars coming down there very quickly. And you're going to have accidents there. That's all I have to say. Thank you. THE MAYOR: Yes, ma'am. MS. FRANKLIN: Hi. My name is Wendy Franklin, and I've been sworn in. I live at 120 Northwest Sixth Street, which is one block west of where the Waffle House would be, I live on the corner. And they're talking about semis. We have semis on Northwest Seventh Street all day long. They're going to Forest Steel, they're going to the American Legion Hall to deliver their beer. we won't have a problem. I was on the a problem with them. And I'm going to them for a while because between And he said phone today. I have have a problem with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them and here and made the carrier. dumpster. dumpster? the Krispy Kreme -- I've been here -- I was born raised here, and today I had it with them. And I call to ground distribution and the other beer And you're talking about noise and the Have you ever heard one of your trucks dump the I do every day at the American Legion Hall. And it will bring you straight out of the bed when they dump the dumpsters from the American Legion Hall. And I live two lots away from it. So if you're going to have them dumping a dumpster right there across from these peoples' houses, it's going to bring them right out of bed. And those semis that go to Forest Steel and all those places and you have that walk through. Do you think they're going to go around the corner and park out front? Uh-uh. They're going to park right there on that swell and walk through that gate and block our street because as it is right now, the paper company on the top of the street, if you go and come out and make a right on Seventh Street and he's getting a paper delivery, his truck is parked in the middle of Northwood Seventh Street; somebody flying Boulevard south go around that and if you go and make a right and go out, like they always do up Boynton Beach is going to hit you head on. You don't dare truck. So we already have a traffic problem, and you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 want to add more because people are going to be trying to get into Krispy Kreme from the west. They're going to back up all the way down Boynton Beach Boulevard and block that Seventh Street exit, which we only have Seventh and Eighth to get out and Eighth is screwed up royally from all the development west of it, I mean, south of it. So where are we supposed to go? And then also -- What else do we have? I don't understand why they were talking about the Turnpike, bringing people in from the Turnpike. Why would we want to bring more people in from the Turnpike? I heard the turnpike mentioned. THE MAYOR: Major artery. THE WITNESS: Major artery? Yah, we need more people in from the Turnpike. Well, I guess that's all I have to say on that. But, oh, the drainage, they're talking about the drainage. You were just talking about industrial. The City of Boynton Beach has taken care of the drainage problem there, they're coming through the huge project right on the front of my house. I'm very familiar with it because of the semis, because right now I don't have a swell. I don't have a drain. I have lake front property when it rains, which for 20 years I put up with, that's fine, I haven't complained about it. But they were going to put grass in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there and put grass swells in, that I have a problem with. so the City is going to leave it. And they're going to take care of all that water, that drainage they claimed they're going to take care of. There's not going to be a drainage problem when your project goes through because all that water is going to be taken care of by the City of Boynton Beach. That property up there does not have a flood problem. The people around it, yes, we have a flood problem, but that property doesn't have anything to do with it. The City's project it's doing for industrial is going to come flood problem. Thank you. MR. CHEROF: MR. VOTACCI: through and take care of the Anybody else? Yes. Okay. My name is Augie Votacci, and I owned this property for many years. Several years ago I came over here to have a restaurant built on the building. And I ask you to build 7600 square foot. I might be off a few feet. There was a 65 parking space. There was a lot of thing in this place has done. Most of this, ladies and gentlemen, they object. I never see anything built in this country commercial that property being lose a value. I would like to ask all the ladies and gentlemen build all worth today. how much of the houses that they have before they this business, how much it was worth and what it's And I guarantee you the house is a higher 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 price. home. I do not believe this business will detriment their I do not believe it. But the next thing I believe -- I hope you to people have the courtesy to let me talk because I listen all of you. Thank you. I do believe that we live in the most beautiful country in the world. We need to be treated business as a person because of one single house, it represents the house. This is a business that can represent 50, 60 people, like I said, I don't know how many people are going to work. And most of the this business, they don't have 30 people in the ship. They working 30 people at one time and releasing 30 people, so there is some misunderstanding. If your people going to approve this property with condition, put a condition. Let them make a decision if they can do it or they cannot. We have been owners of this property for a long, long time. We'll appreciate it if this Board will take consideration to approve this project. And I want to say one more thing. That if you look at the doctor's office, they have a traffic going around to this street. The printer shop, they do the same thing. Augie's Restaurant, it was supposed to be the street there to. They don't ask you for traffic on their street. It's not true that the buffer doesn't stop the noise. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 buffer they. put in on landscape, put in some farming and build the landscape, a 15 feet high wall, they absorb a lot of the smoke. They will give you a lot of oxygen. It will help people to have a better place because if you look at right now, everybody got Boynton Beach Boulevard, week. a dust streak, the no~se from 24 hours a day and seven days This, it will block some of the noise. This possibility will help; but some people try to job in there and have a better life. Think about it. And I will appreciate for your consideration. Thank you very much. MR. CHEROF: Thank you, sir. Anybody else? THE MAYOR: Then we'll close the public hearing and return to the commissioner. MR. CHEROF: Mayor, still a few more -- It's optional additional comments based on what the public have raised. THE STAFF: Yes, planning and zoning director. or responses plan approved on the site. want to point out that yes, unfortunately there is if staff wants to make any they heard or questions thank you. Mike Rumph, Just a couple of points I would to some points that were brought up. References have been made to a previous site That was back in 1994. I just it was on that portion like to make approved ~' ~ 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of this site less than which is occupied by a duplex. I also want to point out it was really a completely different project. It was a less than 3,000 square foot res%aurant occupying a portion of the building which remained and would be some type of retail space. The operational characteristics are quite different in comparison to the operational characteristics that are being proposed and requesting approval tonight. Also I think what needs to be pointed out is the characteristic of Boynton Beach Boulevard. Statements are being made that C2 zoning district is not appropriate, the restaurant is not appropriate at this location. I think it needs to be pointed out the high intensity of Boynton Beach Boulevard. Yes, alternative sites are likely available from a zoning standpoint, but for obvious reasons this land is zoned C2. For that reason, it is not zoned Cl. It is probably a higher and better use than what C1 is even though C1 may be a preferred transition to a residential neighborhood in a perfect world. connection. Well, t specifically required connection be made. MR. WEINER: Reference was also made to the pedestrian just want to point out it is not in code that that pedestrian THE STAFF: No, it is not. No, it is not. That was a '~ ~ 80 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 recommendation or requirement of staff that that connection be made. We thought that that was logical to prevent people from climbing over the wall, kids who may want to access it from the rear. We thought that that would not generate a high amount of increase, amount of impact on the residential area. But, again, it is not mandatory by Code. That could be removed and completely walled in. Thank you. MR. CHEROF: Are there any questions to the staff or the applicant or the representative? You have the opportunity to cross-examine if you want. MR. ROBERTS: Mark Roberts. Can you address the issue that they are having 43 seats? And from what they said the last time, they're having 90 employees. And if they have 43 customers sitting in the seats and they have 20 customers walk up to the stand up line, and they have 30 employees per shift, even if they have zero employees per shift, where will all the people sit that are filling the 43 seats plus 20 or 30 people on line waiting to get doughnuts? THE STAFF: I'm sorry. I'm going to have to ask the question be repeated. It is not clear if we're talking about seating or what impacts employees may have. MR. ROBERTS: I will wait and address it to the petitioner. MR. CHEROF: There's no additional cross-examination at this point. The last step is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Weiner's opportunity to make a closing statement and rebuttal. The only opportunity you have right now is if you want to cross-examine Mr. Rumph on something he just testified to. MR. STAMBAUGH: it's just one quick question, Right, right, exactly. And Mr. Rumph. Your testimony was that Augie's Restaurant had an approved site plan. Can you clarify your testimony in that did you state that that excluded the already existing duplex site? THE STAFF: That's correct. As I described earlier, the subject property occupied by the approved Augie's site plan, everything that is being shown tonight under this proposal less the residential portion occupied by the duplex. MR. CHERNOF: Mr. Weiner, it's your opportunity to wrap up and present your rebuttal. MR. WEINER: Thank you very much. We appreciate what the public has had to say. To wrap up our rebuttal, it's really made up of four parts. First, we should look at the witnesses that testified. Second, we should look at what the residents have to say. Third, we should go back to what this is all about, the comprehensive plan and whether we meet your code application. And, fourth, we should take a look at these 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other applications because in all due respect to Mr. Stambaugh, I am also a la%~er. Because we need testimony in expert areas, my experts will return, but I can assure you it will be brief just to talk about the last few points, namely the comprehensive plan and the alternatives as well Nat Segal will come to the microphone to discuss a little bit about these issues of developable land and whether or not there's alternative sites~in the City, and we will do this quickly. First of all, with respect to the witnesses, again, I understand Mr. Stambaugh is limiting the original remarks and he's testifying to facts, about good zoning versus bad zoning. value, all of conclusions. We area of value. but he did testify He testified about those I'm sure you would agree call for attorneys are not necessarily, trained in the We're not necessarily trained in the areas of land planning. If you are a land planner, staff has appropriate credentials for this, not necessarily lawyers. We did bring before you toniqht the witnesses who can be experts in this area. They were unchallenged experts, and they did testify on this. So Mr. Stambaugh's testimony is the only lay testimony in this particular instance. With respect to Mr. Marks, Dr. Marks is a dentist. Dr. Marks had made offers to buy Aug±e's land at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 various other times. This goes at least to the issue of bias in terms of his testimony and what it is that he's testified about. And, again, Dr. Marks can only testify as another lay person. Being a dentist does not give you special expertise in the area of land planning and zoning; and, therefore, he falls into that same category. Let me go to the residents next. With respect to the residents, we've got two points. One, we're not casting concrete. We have listened to the residents. A lot of things we have done, we have already done, we didn't like wait to give them to you at this meeting, we did them right away. So unfortunately I can't give you the list of the 40 things I can do for you, but I can tell you before we entered this room, we did 20. Now, I am willing here to talk tonight about some other things in order to address what they've had to say. As far as we're concerned, let's take care of this wall and do it the right way. We can also go so far as if to if they don't want to see a sidewalk, we'll do extra landscaping in the back. With respect to the menu board, let's work together on some additional conditions so the menu board has a placement or is in an area that can't possibly effect them or be any nearer. We're willing to take a look at those kind of site plan situations that will in fact address their 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issues. But let's get to something more fundamental about what they had to say because we really want to have a win win situation for them. We're not trying to do anything. First of all, whether it Gainesville -- and we'll get to that in be Augie's or a moment -- there's going to be on a portion of this property C2 zoning that can just be site planned. And the dumpster has to go up ~just as many times for that little restaurant as it's going to go for Krispy Kreme. There's got to be doors slamming, there's got to be this, there's got to be that, so even if you don't give us anything here today, these people have the same exact problem. You didn't do anything for them. In fact, you probably undermined them. And I hope you understand this because, one, you have the superior quality and the better development that your staff saw, that the experts testified to, that Scott talked about, so all you're going to do is lose more so that they have bigger problems on the issues that they've raised. It was interesting because on one the hand they say it,s a great little community, and then on the other hand they talk about the American Legion, the steel factory, the this and that and all the other things. It seems to me from the testimony that I heard, logic tells me that what I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 want is the.best guard on that piece of property to cut it off from that residential community so I don't get those old style developments like the American Legion with people pulling in and out with no buffers and that kind of thing. So I don't get the old style like the Waffle House tha% doesn't have the kind of things that you will be able to include here tonight to make a big difference. So we really are working together, and we can give them a much better quality project. And if you don't vote for us, they are just back in the same soup, probably hotter soup than they're in tonight. Now, the other thing is, they're saying about having noise. I can't possibly debate every single thing that the residents had to say, and I don't want to take that much of your time; but if you will notice from the packet, the one operating in New York, the Pollce Department says no noise, no troubles. As far as smell, never had a complaint. As far as the 24-hour operation, unlike Waffle House, we close our doors. We aren't open 24, only the drive through is open 24, and there's no way a semi can get through that drive through, so it's not going to be used late at night except for a limited purpose. That's much better than what you have if you reject this and, for example, a second Waffle House would come in. So with that, I think we've done cooperation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with them. I think we're actually benefiting the neighborhood. We're giving them what they want, and they will have a better chance under this circumstance than they will have under any of the others; and we're willing to listen about other things as I said. Let me move on. Let me talk a little bit about the comprehensive plan. Remember I told you -- and I know it's a long time ago -- but there were 20 criteria. We got eight for rezoning and for land development. We got 12 that have to do with conditional use. There is really only two things they ever attacked. They never said anything about all of them, they only talked about two items; and those were covered in your staff report. And those two items were whether the property was physically and economically developable under the existing zoning; and the second one is whether there are adequate sites elsewhere in the City for the proposed use. Let's talk to an expert for a moment, Nat, Nat Segal, can you come to the microphone. Nat Segal is with the applicant. Nat, let me ask to you explain to the council whether the property, as it presently exists, is physically and economically developable under the existing zoning? MR. SEGAL: My name is Nat Segal. I'm the vice-president for the applicant. I have been in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 restaurant business for 25 years. I worked for the applicant for the last seven and developed a little over 40 restaurants for him during that time doing all the site selection and development for him. And without the extra land as the land sits right now, we could not build the same restaurant in an economic fashion, in a profitable fashion~ MR. WEINER: Thanks, Nat. So what you've heard is the 18,000 square feet is not economically developable by someone who does do restaurants. Nat, are there adequate sites elsewhere in the City? MR. SEGAL: This site is one of the sites I selected for the applicant; and if I may say, I have selected two other sites. And the applicant does own and operate two other sites in Boynton Beach that I also selected. And I've looked at a lot of different properties, and I have to say that for the use we're looking for for Krispy Kreme, there is not another acceptable vacancy. MR. WEINER: Thank you, Nat. And so as you can see, expert testimony plus testimony of staff, testimony of land planners all say that we met those standards. And we certainly have because they have conceded 18 of those standards. On the two we have heard from an expert on top of the other experts we have heard. It's not economically 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 developable, and there are no other adequate sites. Now, let's go into the alternatives. And Scott, could you come up here for a moment. And I would like to turn to the picture of the Gainesvitle Krispy Kreme which was built in the 1960s. Scott, could you come to the microphone. And from what you see have to say about MR. agent for Krispy Kreme South Florida, in the photograph, what is it that you this particular Gainesvilie site? BARBER: Scott Barber with Gee & Jenson, LLC~ To start with, the Gainesville site, development of small commercial sites, to only information you the experience I have in the commercial sites and even large take a look at these pictures here, the people have is obviously these people here. We're a little bit more intimate with this site here. To start off, it is tough to compare apples to apples with a building that's been built since the '60s, since the early '60s. There was different code requirements then, different social requirements back then. So to compare this store with that store up there, as far as production, as far as feasibility, economic feasibility, social feasibility, accessibility and those things, you really can't compare. The store itself is roughly 2400 square feet. The total store is a 24-hour operation. They had to expand ~ ~ 89 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 the parking lot just to meet the requirements, social requirements and the loading requirements. The store itself you can see has frontal access to a major artery, and there's no way that FDOT or any reasonable planning counsel would allow a store front that has vehicular access to a roadway like that without buffering or without any kind of safety considerations for cars backing up. And I see a small curb there that might retain some out of control cars, but you can see that, the safety concerns and the set back concerns people have with that store. No. 2, the landscaping, there's very little buffering. There's some around the bottom of the sign if you would consider that to be right away buffering. Tree requirements, very little tree requirements. Looks like we have some vegetative screening on the sides of the building, corners of the building, but definitely no buffering to the back where you see the white building on the upper project or the upper building to the back. The other issue I want to talk about is the handicapped accessibility. The handicapped accessibility code back then was of course non-existant. Today there's all kinds of requirements that bring in spatial situations internal to the building and external to the building that would make a building like this just not economically or physically feasible to be put on this site. So the apples ~ ' 90 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to apples things consideration. aren't there if you bring all those into MR. WEINER: Scott, are you with the supposed Augie's site? We have a that was a picture that was handed in citizens. Can you also talk a little also familiar copy of a site by one of the bit about the Augie's site and what that might mean? residential street MR. seen this picture? submitted developed get close Is there access to the on the Augie's site? BARBER: Do you have this? Have you all MR. FERGUSON: No. MR. BARBER: Basically this was a plan back in '94. It was developed, the drawings were under 1994 city codes. By no means could you even to 64 spaces. One of the seven site plans we had developed before we came up with this here, probably half of those were on just the site, just the site, to the feasibility of the site alone. We couldn't even get close to 30 spaces. So the way that this is kind of deceiving to look, the buffers are half the size. The parking, the handicapped accessibility isn't there. then, again, residential street, which is something beginning with our development. There is no public or pedestrian access. And you have that vehicular connection to the frowned on from the I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 Of course we worked around that, so we didn't have to provide that. But those are the key points that I wanted to point out that just takes the feasibility of that particular site plan today away. MR. WEINER: Thank you, Scott. So I have never quite had the supposed expert witnesses quite be in this position, but they actually proved our case. Look, you just heard from our expert. You have two alternatives, 1960s style unsafe type of proposition that allows cars right out onto city streets, has no landscaping, no plans, doesn't meet EEA. You know, if you don't vote for this tonight, you can leave that C2 and you can have your 1960s style development on the present C2 property. You have heard about another 1994 plan. The 1994 plan kicks the residents right where they don't want to be kicked. It has an access on that residential street that we immediately thought of blocking off, so everybody can get their wish. And this is what the supposed experts brought forward to you. And then you heard from the residents that said that is what we don't want. So what we have done is we have demonstrated to you beyond a shadow of a doubt that your comprehensive plan says we want better development, and we've got policies and objectives to get this. And then it goes on and it says that we want 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to encourag~ this kind of upscale, this kind of new development that meets all of the new codes. And we want to do it, under proof. and we want to get those circumstances, Now, procedural issues. it done within your city. So you know we've met our burden of a moment about the notice and You heard from your city staff that all the procedural issues are met. Talk about splitting hairs -- and I know Dr. Marks isn't a lawyer -- but whether you call this a new application, an amended application, supplemental application or this application or that, the most important thing is all the changes were made before notice went out to the public; and the public knows all about what we're doing here tonight. My gosh, you can see them all here. They signed the applications. We have done everything we're supposed to do on that. End of it. Last of all with respect to this duplex whether it stands or it falls. You can't get the access you're getting. You can't get the light that was volunteered. You can't get the extra lanes without adding that particular piece of property. Again, that particular piece of property is what gives you some of the benefits that your code and your comprehensive plan want you to have. With that in mind, I think we've successfully rebutted the arguments here tonight. We leave 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it to your deliberations. We'll be happy to hear from you. I point out all the conditions on Exhibit C that the staff asked for we already have given into. If there are other things you want to discuss with us, we're here to hear from you. Thank you very much for your patience. MR. BRESSNER: I do have some questions, Mr. Weiner. This past weekend I went to Publix and I saw that there was Krispy Kreme boxes. They were located in the bakery aisle there. Where do those come from? MR. WEINER: If you will take my testimony or if you need the testimony of an expert on that -- MR. BRESSNER: I need somebody from Krispy Kreme. MR. to come forward. MR. where they will WEINER: Okay, then Jim would you like BRESSNER: come from if this petition MR. CONSTANTINO: James A. am a member of Krispy Kreme South Florida, Where they come from and is approved. Constantino. LLC. The doughnuts that you see in Publix are brought in from the company out of Miami. And that's a very large -- They have two large machines there. It's not something that we will be supplying. Mr. MR. BRESSNER: So the testimony earlier that Weiner offered basically as to the percentage of product 3 4 5 6 ~7 0 ten perce~t was tkat was sold at retail was 80 percent, . associationS' donatiOnS, that tYPe related to some tYpe of of t~ing, and then the ten percent was delivered to be sold can you give me an idea of what at retail elsewhere' exaCtlY would be the customer base for that remaining ten Yes, it could be some percent? coNSTANTINO: MR. small gas stations where we would deliver 10, 15 dozen doughnuts or small storeS- We would not be delivering to supermarkets from this store at all. MR. BRESSNER: your employment base, we heard 90 How many employees is employees. MR. coNSTANTINO: Secondly, with respeCt to employees- We heard 62 this proposed to employ? We would have approximately 65 employees total, whiCh would be between and i4 employees per shift. And the later shift there'S lesS- And the reasOn we say the 65 is because we have part-time employees, we're open seven dayS. understand only the drive through is open 24 restaurant itself- the hours for the MR. BRESSNER: 5:30 in the morning until midnight- what are But you have to hourS, not the MR. coNSTANTINO: During the week we open at ll p.m. and on weekends until 95 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BRESSNER: Okay. Earlier on we talked about the back wall, the fact that the petitioner indicated the willingness that it can be restored to basically a solid wall. So I assume that there is no objection to doing that since there was an objection by residents that there would be possible employees walking through there and possibly parking, vice versa, so that would eliminate that? MR. CONSTANTINO: Yes, we would be happy to close that up if that would satisfy the residents. MR. BRESSNER: Then with respect to the sign board, the landscaping plan is up there, and it's my understanding that the sign board currently is proposed. Would you point out where it is, right there? MR. CONSTANTINO: Yes. MR. BRESSNER: Is it possible -- I know you have to have some manner of stacking in your drive up area -- but is it possible to relocate that around the corner basically to the first part of the -- before the loading area so that the sign board and the microphone would then be in a northwesterly direction facing Boynton Beach Boulevard? MR. CONSTANTINO: you on that drawing where we would talking to Mr. Fisher about that. MR. BRESSNER: All I would be happy to show like to put it. I was right, thank you. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 MR. CONSTANTINO: We would be willing to locate this, right now it's here. We would be willing to locate it here or here and face it out as the drivers come in and park their car to order the doughnuts, which would direct the sound out onto the boulevard and also next to the building next door, not directly into the residents at all. MR. BRESSNER: And I just have one more question, if I may; and that is the lighting for the site. There are light stands available that have the type of luminers that provide straight down lighting with no lighting intrusion, any horizontal lighting intrusion whatsoever. It's a vertical beam that goes down that basically can be controlled. I am assuming from Mr. Weiner's testimony earlier that the corporation is willing to work with staff to develop and with the residents as appropriate to develop standards that would be put in place here that would, if not eliminate, reduce significantly any type of light intrusion that would go on adjoining properties? MR. CONSTANTINO: Yes, we would be happy to do that, have our engineers work with the City and eliminate any problem we could eliminate in that respect. MR. BRESSNER: Just one last question, and I apologize. On the employees, if you've.got the 65 employees you estimated that you would have possibly up to how many 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 97 per shift? MR. CONSTANTINO: It would depend on how busy, I would say between 12 and 14 employees per shift. ~R. BRESSNER: Okay. And I would assume they would be parked totally on the site? MR. CONSTANTINO: Yes, and we have two other stores that are open in New York State, and we have less parking spaces and never have a problem because the majority, most of our people go through the drive through and so that's not a problem. MR. BRESSNER: How many seats are in the restaurant versus how many parking places are there? MR. CONSTANTINO: I think there's 43 seats, about 43, which stores. is the same size that we have in our other theoretically own car there, have enough parking? MR. CONSTANTINO: everyone drives. MR. BRESSNER: if every person you had 15 employees Ail right. So that in the restaurant drove their you should That's right because not issue -- I'm using this as an example -- but you potentially have a situation where shift change, we.could have some parking that would be overflow parking? MR. BRESSNER: You potentially do have an on staff, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CONSTANTINO: Well, we're going to have some people during the shift change that are going to be parked there that will be there for five or ten minutes until the next shift comes in, but we've never had a problem with this in any of our other stores. MR. BRESSNER: Thank you. MR. CONSTANTINO: I would just like to take the opportunity to say thank you very much for your time tonight. I also want you to know that we have been in business in this town for many years. We own and operate the TGI Fridays and the Denny's in this town, and it has been a pleasure working with the City. Thank you. MR. FISHER: A couple of things. One, the question we have before us is the comprehensive plan, correct? Well, one question at a time. So when Mrs. Iiames called the City Manager, that is why he had the same question you asked me. And I wanted to be able to answer them when you got here. There are two separate questions. The first question we have is a comprehensive plan. Now the issues lighting, those are all site plans, have nine things, most of which you questions. MR. MR. of speakers and right? Which, I mean, already had the same BRESSNER: Right. FISHER: So I wanted -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indicated is the issue on conditions MR. BRESSNER: I think what the petitioner that they're willing to stipulate as part of drive up, they are willing to provide as approval. MR. FISHER: MR. BRESSNER: Those are site plan issues? They are willing to include those in the consideration of the items. MR. FISHER: But this is a comprehensive plan question first? MR. BRESSNER: For the conditional use for the drive through. Basically they are going to bind themselves on the basis of this, you're correct, the site plan portion of that. MR. FISHER: This is the site plan issue. Right, two separate questions. I want to make sure we address all those to the neighborhood. FROM THE FLOOR: Can I ask a question? MR. McCRAY: I have some questions. We got the agenda, every time we see Krispy Kreme it was tabled and postponed, et cetera. And we had heard from expert witnesses. I appreciate that. Last week I heard there was 90 employees. Where did that come from? Who came up with the idea of 90 and where was it said since we always had such experts? It was 90 last week. You didn't have a lay off already. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE MAYOR: That came from the lawyer. MR. WEINER: microphone to address that. MR. SEGAL: Thank you. own two Krispy Kremes in upstate New That wasn't expert testimony. Nat Seqal will come to the We now operate and York. And that 90 MR. McCRAY: I would comes to me, and I don't but when it just like to say when like to question is not consistent, I have problems. information credibility, the TGI Fridays, which is a much higher volume store. So that just gives you a comparison, but that is where it came from. employees came from when we did our initial hiring for the first store. We hired 90 employees for the Tonawanda store. When we checked our employment records to see how many people we have working there today, we actually have I think it was 64 in the Tonawanda store and about 58 in our Henrietta store. So what we did is went on the high side and said an average of about 65 employees when we open up the store. And just to give you some comparison, I also checked to see how many employees we have at our Boynton Beach Fridays and how many we had at our Boynton Beach Denny's. We have 42 employees at the Boynton Beach Denny's, which is a 24-hour restaurant; and we have 70 employees at 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. will notice the minutes zoning board it says an WEINER: I appreciate that. But if you from the hearing before the planning estimate of 75 to 90, so it wasn't that we said 90. Obviously we were making an estimate. As soon as we were asked the question, we tried to give the best answer we could. And now we have obviously gotten the information. And we could only give you the best answer we had that night, but I do apologize. But it was an estimate; and if you do look in the minutes, it says 75 to 90. McCRAY: Thank you, Mr. Mayor. WEILAND: I have a couple of things to MR. MR. say, and I guess a question to ask as well. I am sure Krispy Kreme has done their duty. When we talk about alternative sites, Krispy Kreme as well as Burger King, Walgreen's, Eckerd Drugs, any stores like that, they do due diligence to find out what would be the best site economically for their store. And I'm sure if there was a better site in Boynton Beach, we wouldn't be looking at the Boynton Beach Boulevard location tonight. One question for staff as far as garbage pick up is concerned, can that be regulated to where that can be done during the daytime? I would think we're flexible enough that if it is highlighted on the truck's it is between 9 and 4 during the daytime versus morning when the truck first goes out. So I'm route that 5:30 in the just guessing 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 that that could be taken care of. One of my big concerns is noise and for landscaping, the buffer; I understand that you're willing to do more with the landscaping. And I understand, I think there is supposed to be a sidewalk on the south side of the retaining wall. If we do put that sidewalk out there and have a swell, you're going to have a problem whether we control that problem or not, it will take time to do that. I would suggest to eliminate the sidewalk and heavily landscape with mature material to where you can not park along that area. I'm talking about mature trees and landscaping on the north side of the retaining wall between the parking lot and the wall itself with perhaps three or four types of material. But I am talking about mature material, Disney World type of landscaping. We have been promised landscaping in the past right down the street at Alta Vista, which is next to a factory; and before the project even started, and that didn't happen. I would just like to know that we are doing a couple or three steps beyond what we have to do and what the code requires, because I do realize in so we changed our landscaping requirements mature material. I would like to go above and make sure this is lush, mature, and it's the the past year or to require more beyond that to best it can be. 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And if you agree to do homework now to locate to put it in, you have throughout the state. that, you have to start doing your that material. So when it comes time it tagged in different nurseries And you don't come back and say we just possibly can't locate the material. I think that would be a big step towards taking care of the parking problem on the south side of the wall and reducing light, the noise. Thank you. MR. CHEROF: Anyone else have questions? THE MAYOR: Anyone else have any discussion on the site plan? MR. STAMBAUGH: I do believe I have a right to cross-examine the witnesses from the testimony that was just provided. THE MAYOR.: Is that correct? MR. CHEROF: I think we established the procedure. If you want to indulge Mr. Stambaugh for two more minutes on some fine points, that's okay. MR. WEINER: Well, it seems to me we did not add any testimony. Mr. Stambaugh, what questions do you have for my witnesses? MR. STAMBAUGH: Essentially there was a comment and a conclusion made that the Gainesville site doesn't meet -- and this was your comments made and Gee & Jenson's co~ents -- that that site did not meet the 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 handicapped requirements. And in fact the site plan that I did submit had parking for handicapped people. If you would stipulate to that fact, I will move on; but the fact of the matter is the site plan that was submitted as an alternative proposal does have handicapped parking; and this is new testimony refuting the fact that the Gainesville site plan is not viable, which it is. Thanks. MR. WEINER: We will just let Mr. Stambaugh's testimony stand. I don't want to speak unless I'm addressed, because I do not want to go backwards. So I'm going to stay quiet until you ask me a specific question. MR. ROBERTS: If you would allow me, I would like to cross-examine Nat, directly what he said. MR. CHEROF: their professional witness, on The opportunity to make your presentation and cross-examination came earlier in the procedure. MR. ROBERTS: He just provided this information. I won't ask anything different than what he just testified to. I would like the opportunity, please. MR. WEINER: Again, I would ask the question who he wants to cross-examine? MR. ROBERTS: Nat. MR. WEINER: And what question is it? 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ROBERTS: The question is whether the property can be developed at all. And Nat said that the commercial C2 cannot -- It is not the issue whether a Krispy Kreme can be built there, it's whether anything can be built; and he testified that nothing could be built on it. MR. SEGAL: That is not what I testified to. MR. ROBERTS: So can the property be developed, that is already C2 be developed? MR. SEGAL: I am not a real estate expert. I'm an expert on building restaurants and developing restaurants. And what I testified to is we could not develop that site as a Krispy Kreme restaurant economically. MR. ROBERTS: But it could be developed otherwise? on real further? MR. SEGAL: estate. MR. WEINER: THE MAYOR: Vice-Mayor has a question. MR. WEILAND: with staff on tonight? I don't know. I'm not an expert Do you want to hear from me No, we're done except the Would you be willing to work the landscaping questions -- MR. WEINER: Absolutely. MR. WEILAND: -- if this was approved 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 MR. WEINER: THE MAYOR: MR. WEINER: nodding his .head yes. MR. CHEROF: THE MAYOR: Absolutely. Anyone else? Let the record reflect Jim was Procedural issues -- We're talking about the comprehensive plan change and the rezoning now. I don't think we need to do anything except ask for a motion to approve or disapprove. FISHER: Mr. Mayor, motion to approve the and rezoning for the Krispy Kreme of MR. comprehensive plan South Florida, LLC. MR. discussion? FERGUSON: THE MAYOR: If not, all THE MAYOR: Second. Moved and seconded. Any further in favor signify by saying aye. Aye. MR. WEILAND: Aye. MR. FERGUSON: Aye. MR. FISHER: Aye. MR. McCRAY: Nay. THE MAYOR: The motions carries four to one. Any discussion on the issue of site plan approval? MR. FISHER: Mayor, I just want to verify a couple of things. I have a little list here on the site conditions. Let me just go through my notes. Some of them 107 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were answered, the distribution issue, out of Miami, ten percent restaurants. Employees basically 64, the answer they come 65. Obviously you're going to hire people that aren't going to last, after a week or so they find out they don't want to make doughnuts. So you have to hire a little more. I remember Wal-Mart went through the same thing. So that is a temporary issue. It happens the first week or so. The parking issue. The delivery of supplies you answered. You get one shipment a week from the home office for all the supplies. That's a semi. The drive through speaker you have addressed for us that you would be willing to move it across and project it out, the sound, from Boynton Beach Boulevard4 My question is clearance. I know I drive through McDonald's, Burger King, there's a clearance. What is your clearance going to be? Is there a clearance? The reason I'm asking is because Dunkin' Donuts, it's not really a drive through, it is kind of a drive through, but there's no clearance sign there. So if you've got a clearance, I can't get a semi in there. MR. BARBER: Would you like me to answer this? Scott Barber, Gee & Jenson. As part of the site plan package that was submitted with the site plan, there are ~" ~'~ 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some graphics that structures are, and it has MR. FISHER: show what each of the different the height actually in there. But I want to make sure if there's a clearance bar hanging there -- MR. BARBER: The clearance bar is strictly for the drive through. MR. FISHER: That's my concern that at two o'clock I can't pull off 95 and go through a drive through with a semi, I'm going to hit the clearance. That is my question. MR. BARBER: We have the ability for the 40 foot semi truck specifically for the unloading. We have access for that. MR. WEINER: Not the drive through. MR. BARBER: Not at the drive through. MR. FISHER: The concern for the people is the drive through, you answered that. The next thing was the walkway from the neighborhood. You basically are closing that thing off, The gateway that comes through, that's no longer there. And if the people want to walk around the property on private property to get to doughnuts, all right. The Waffle House's prime issue, you looked it up for me, there was only one call. The lighting issue you've addressed, you can 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work with staff and it's okay. The last two I have are for the Vice-Mayor. The landscaping, the sidewalk, you've addressed those, that improved landscaping. The final item I want someone to explain to me brought up tonight was the semi's delivery on the site. I'm not sure -- The gentleman brought it up. Semis for delivery only sign, where exactly is that and how does that effect what we're doing here? FROM THE FLOOR: It's on Northwest First Avenue. It's on the corner of Eighth Street and Northwest First Avenue. And there's one other -- MR. BRESSNER: You have two streets that have that sign. FROM THE FLOOR: That's correct. MR. CHEROF: I think that is an enforcement issue, that is the Department of Public Works. The interpretation you got, sir, from the Department was incorrect; that the fact they are parked there doesn't mean they are making a delivery someplace in the area. The purpose of that sign is to allow for local not just issue. to park the truck there so that's It is, .yah. deliveries but an enforcement FROM THE FLOOR: MR. FISHER: It's a separate issue. If we 1t0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could ask staff, obviously when we re-did the VFW Hall, the place over there for semis, if you have an issue in the back part of that neighborhood unrelated to this. would get with that neighborhood on that parking signs, no parking signs whatever, city manager can address that at a later are all So if staff issue, be it separate. And the time. And those glad to 24/7 because that will surely reduce the traffic pattern of people going out at night, stopping for a cup of coffee and a doughnut and hanging out in the parking lot and that sort of thing. So I think that will greatly enhance the project. THE MAYOR: Anyone else? I will just say a couple of words myself then. All of the issues that I had questions on have been satisfactorily answered. Commissioner Fisher and the Vice-Mayor and others have voiced those things largely due, quite frankly, largely out on the site plan side of things. And the most encouraging thing I heard here tonight -- and it was new and it hasn't occurred to me, it should have because I live in an older neighborhood myself I'm not next to 1-95 and I'm not next to, directly next to a commercial district -- but the point that if it's not developed, if it's not developed, the questions I've got at this time. Thank you. THE MAYOR: I would ask -- MR. BRESSNER: I would just like to know, I'm hear the sit down part of the restaurant is not open 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the things ~hat can go in there, and our neighborhood is struggling with an area on Federal Highway which is zoned C3, which can have a lot of things that are certainly not compatible with our neighborhood or the adjoining neighborhoods nor with our vision of what we want to see happen eventually on Federal Highway, that things can happen. And I am very pleased to see this didn't come to us in pieces. It came to us with a really well-developed site plan, with a really well-developed list of conditions that has been added to this evening that provide the safeguards that this commission, this city, the staff certainly will provide to the best extent possible, not only for the residents of the neighborhood but for all the citizens of this city. And you have to remember we sit up here for all the citizens of this city. The site plan coming idea. It's not unusual, but it was a had I not seen the site plan, I would in was a very good very good idea because not have voted to change the comprehensive plan or the zoning because the site plan did it. It is a very good quality product. It's a guaranteed product that has lots of safety valves and amenities associated with it that we may not have seen from another applicant. And we've got to remember that, I think, that profit is not a four letter word. It is no~ a four 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 letter word. This city and other cities indeed in our whole country depend on people investing in communities like ours and putting their money in and making a bet, an educated bet. And when people do it right, it's going to produce profit over time. And it's over time that profit will be produced by this because this is going to cost quite a bit of money to do. And the profit doesn't come in the day they open the door. It takes a while to advertise and there are very heavy costs. And to have a large organization who can come into our city with those resources to do it and not ask for anything in terms of incentives, it's almost relatively new for this city. We've only had it happen a couple of times. And I'm personally appreciative that we have this opportunity to improve our city. And, therefore, I will now call a vote. MR. FERGUSON: You haven't had a motion yet. THE MAYOR: I will call for a motion. MR. FERGUSON: I will take a crack at this. I move that we approve the conditional use site plan with the modifications that were discussed earlier here tonight on the form 4680 square foot, fast food restaurant. MR. CHEROF: I think you need to be a little more specific. There were two more conditions I heard the 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 commission discussing to add to the conditions that already exist. One would be to close the walk through in the rear on the north wall. MR. FERGUSON: Okay. MR. of approval pedestrian CHEROF: And the second would be to relocate the drive through speaker to I believe it was just north of the loading area. The third item is removal of sidewalk along the south property line and to enhance landscape with mature landscaping materials. And the other one was with respect to the lighting, that the petitioners provide to staff appropriate lighting that is of a design not to provide any light pollution to adjoining properties, that to be reviewed and approved. If so moved, those conditions will be added to the conditions of approval in conjunction with the motion to approve. MR. FERGUSON: So moved. If not, all MR. FISHER: THE MAYOR: in favor? MR. WEILAND: Second. Is there any further discussion? Aye. THE MAYOR: Aye. MR. FERGUSON: Aye. MR. FISHER: Aye. 114 1 2 3 4 one. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE MAYOR: Opposed? MR. McCRAY: Nay. THE MAYOR: So the motion Thank you. (Thereupon, at 10:15 p.m. concluded.) carries four to the hearing 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE I, Susan Fannon, Certified Shorthand Reporter, do hereby certify that the foregoing record is a true and accurate Computer-Aided Transcription of my stenographic notes taken at the Boynton Beach Florida on Wednesday, January 2, skill, knowledge and ability. City Hall, Boynton Beach, 2002, to the best of my Shsan Fannon, CSR I ! --KRISPY KREME - EX]]IBIT ~4 ORDINANCE NO. 0 AN ORDINANCE OF THE Ci"FY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE 2000 CITY OF BOYNTON BEACH EVALUATION AND APPRAISAL REPORT ("EAR") BASED. COMPREHENSIVE PLAN AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN, AS AMENDED TO INCLUDE TRANSPORTATiON ELEMENT SUPPORT DOCUMENTS, GOALS, OB3ECTIVES AND POLICIES; PROVIDING FOR THE ACKNOWLEDGEMENT AND INCORPORATiON OF THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIR'S OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AND ADDITIONAL COMMENTS TO THE CITY DATED MARCH 31, 2000, PURSUANT TO RULE 93-11.010, FLORIDA ADMINISTRATIVE CODE ("F.A.C.") APPLICABLE TO THE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR COMPLIANCE Vv/TH SECTION 163.3184, FLORIDA STATUTES AND RULE 93- 11.011, F.A.C, BY THE CITY OF BOYNTON BEACH; PROVIDING FOR THE CONDUCT OF PUBLIC HEARINGS; PROVIDING FOR AN EFFECTIVE DATE FOR THE 2000 EAR BASED COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR TRANSM1TFAL AND DELIVERY OF THIS ORDINANCE AND THE EAR BASED AMENDMENTS TO THE STATE. OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND TO ANY OTHER GOVERNMENTAL AGENCY HAVING 3URISDICTION OVER THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILrFY, CONFLICTS, CODIFICATiON AND AN EFFECTIVE DATE.. WHEREAS, Section 163.3167(2), Florida Statutes requires that each local government prepare a Comprehensive Plan in compliance with the Local Government Comprehensive Planmng and Land Development Act, as amended; and WHEREAS, Section 163.3184(15), Florida Statutes requires that the Comprehensive Plan be adopted by the governing body of the local government by Ordinance; and WHEREAS, Section 163.3177 and the applicable provisions of Chapter 93-5, Florida Administrative Code requires that the Local Government Comprehensive Plan shall consist of goals, objectives and policies, procedures for monitoring and evaluation of the_ local plan, requirements for capitol improvements, implementation and required maps; and WHEREAS, the City of Boynton Beach adopted Ordinance 097-09 which approved and accepted the City of Boynton Beach Comprehensive Plan, Evaluation and Appraisal Report {"EAR'~ in accordance with the applicable provisions of Chapter 163, Florida Statutes, as amended and Rule 9]-5, Florida Administrative Code, as prepared by the consulting firm of Berryman and Henniger, ;[nc., on April :[, 1997; and WHEREAS, the City Commission authorized transmittal of the EAR based Comprehensive Plan Amendments derived from the Evaluation and Appraisal Report adopted on Apdl 1, 1997; and WHEREAS, the State of Florida, Department of Community Affairs issued its Objections, Recommendations and Comments Report pursuant to Rule 9]-11-010, Florida Administrative Code on or about March 31, 2000, to which the City, through its professional staff and outside consultants endeavored to review, revise and respond by the adoption of the EAR Based Comprehensive Plan Amendments, attached.hereto as Exhibit "A", and made a specific part hereof. NOW THEREFORE, BE IT ORDAINED BY THE CZ'fY COMMISSION OF THE CITY OF BoyNToN- BEACH, FLOR~DAj THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Fiodda hereby approves and adopts the 2000 EAR Based Comprehensive Plan Amendments attached hereto as Exhibit hA" with regard to the following subjects: Goals, Objectives and Policies Future Land Use Element Transportation Element Utilities Element and its sub-elements Conservation Element Recreation and Open Space Element Housing Element Coastal Management Element ;intergovernmental Coordination Element Capital Tmprovement Element SECOND, FINAL READING AND PASSAGE this ~,f~ day of 3une, 2000. Mayor Pro Tern Commissioner CITY OF BOYNTON BEACH COMPREHENSIVE PLAN November 1989 (INCLUDING EAR-BASED AMENDMENTS) (ADPOTED JUNE 20, 2000) and (TEXT AMENDMENTS) (ADOPTED JANUARY 16, 2001 ) EAR-BASED A1VIENDMENTS TO CITY OF BOYNTON BEACH CONIPPd~HENSIVE PLAN A.dopted June 20, 2000 Goals, Objectives & Policies REPLACEMENT PAGES Goal l Objective 1.1 Policy 1. I. 1 Policy 1.1.2 City of Boynton Beach Future Land Use Element Goals, Objectives, and Policies Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resoumes. Land development shall be accomplished in a manner which minimizes erosion, flooding, and other problems due to topography. The Cky shall continue to adopt and enforce regulations ro provide that development sites be graded so that no slope exceeds a ratio of 1:4. The City shall adopt and enforce regulations that prohibit the destruction of oceanfront dunes. Policy 1.1.3 Policy 1.1.4 Policy i.I.5 Objective 1.2 The City shall continue ro enforce regulations which requires that all buildings shall be constructed with the minimum first floor elevation above the 100-year flood elevation. Construction of buildings, structures, and infrastructure shall comply with the City's Flood Damage Prevention Ordinance which shall comply with the reqmrements of the National Flood Instwance Program, and the Coastal Construction Building Code which shall comply with Chapter 161, Florida Stat-ares, as well as applicable regulations of the South Flor/da Water Management District and Lake Worth Drainage District. The City shall continue ro adopt and enforce regulations that prohibit the removal of rock or soil from property, except to the extent necessary to prepare a site for development. The City shall continue ro adopt and enforce regulations to provide that the grading of development sites shall take into consideration the existing and future grade of adjacent properties and rights-of-way. The City shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is no~ economical ro remove or treat unsuitable soils that would adversely affect the performance of infrastructure, buildings and other structures, and drainage. Furthermore, require land development and construction to be accomplished in such a manner so as ro prevent unsuitable soils from adversely affecting the performance of infrastructure, building and other structures, and drainage. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- [ER Date: June 20. 2000 Future Land Use ~lemen£ Ordinance No. 00-29 Policy 1.2.1 Policy 1.2.2 Policy 1.2.3 Policy 1.2.4 Policy 1.2.5 Objective 1.3 Policy [ .3.1 Policy 1.3.2 Policy 1.3.3 Policy 1.3.4 The City shall continue ro adopt and enforce regulations ro prohibit development of urban land uses where the removal or rmarmenr of unsuirable soils would be uneconomical, provide that unstable soils shall be removed in all construction and land development sites where these soils would affect the performance of infrastructure, drainage, and buildings or other structures. The City shalI continue to adopt and enforce regulations ro require that soils be tested and results of same submitted with building permit applications, in accordance with the Southern Standard Building Code as amended by the Minimum Palm Beach Countyxvide Amendments. The City shall continue ro adopt and enforce regulations ro provide that the bearing capacity of soils meet, ar a minimum, the reqmremenrs of the Southern Standard Building Code as amended by .the Minimum Palm Beach Countywide Amendments. The City shall continue to adopt and enforce regulations to require that soils be tested and the results of same submitted with subdivision plans, and, if necessary, in the course of subdivision construction. The City shall cominue ro adopt and enforce regulations that require subdivisions to be designed and constructed so as ro remove unstable or impervious soils which would ~dversely affect the performance of buildings, structures, infrastructure, or drainage. Land development and future land uses shall be coordinated with the provision of road rights-of-way and road improvements so as to maintain the levels of service established in the Traffic Circulation Element. The City shall continue to adopt and enforce regulations that requires development orders be conditioned upon the provimon of road improvements and/or payment of road impact fees, to Palm Beach County and/or the City, so as to maintain the levels of service established in the Transportation Element. Site-related traffic improvements, including turn lanes and traffic signals shall also be provided, or payment of fees for same made, so as ro provide for safe and efficient traffic flow on or adjacent to the site Reserved. The City shali continue to adopt and enforce regulations that require Development Orders be conditioned upon the dedication of road fight-of-way in accordance with the thoroughfare plan contained in the Traffic Circulation Element. The City shall continue ro adopt and enforce regulations ro require that subdivisions be designed so that individual lots have access to an intemaI City of Boynron Beach EAR-based Comprehensive Plan Amendments O0-1 Ell t-'2_ Date: June 20. 2000 Future Land Use Element Ordinance N(~. 00-29 Policy 1.3.5 Policy 1.3.6 Policy 1.3.7 Policy 1.3.8 Objective 1.4 Policy 1.4.1 Policy 1.4.2 Policy 1.4.3 Policy 1.4.4 street system, and that limited access easements be provided along collector and arterial roads to control access to same. The City shall continue ro adopt and enforce regulations to require that all development projects be designed so as to minimize the number of driveways and access roads which intersect thorougtffares, and shall reqtfire that these driveways and access roads be designed and located to allow for signalization, wherever possible. The Cky shali continue to adopt and enforce regulations to require that major collector roads in residential development projects be designed and constructed as public roads, wherever possible: The City shall continue to adopt and enfbrce regulations to require that roads within adjacent or nearby developmem projects be coordinated, and that access roads which intersect thoroughfares be aligned wherever possible. The City shall continue to adopt and enforce regulations ro require that commercial projects provide marginal access roads or cross access betxveen sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. Land development and future land uses shall be coordinated with the provision of potable water facilities in order to ensur.e..that the levels of service established in the Potable Water Sub-Element are met. The City shall continue ro adopt and enforce regulations to require that ali construction and development projects in the City and its water service area connect to the City's water system, excluding agricultural uses, and single- family detached dwellings with a lot area of one acre or more. The City shall continue to adopt and enforce regulations to require that ail construction and development projects provide water transmission facilities to serve the project, or pay for the cost of same, in order to provide water service which ar least meets the level of service set forth in the Potable Water Sub- Element. The City shall continue to adopt and enforce regulations to require that ail construction and development projects pay a capital facilities charge for water supply, treatment, storage, and related capital facilities for the water system. which ks approximately equal to the proportionate cost of these capital facilities as are needed to at least meet the Ievels of service established in the Potable Water Sub-Element. The City shall continue to adopt and enforce regulations to limit the density, intensity, type, extent, and location of land uses ro those which can be City of Boynron Beach EAR-based Comprehensive Plan Amendments O0-1ER [-3 Date: June 20, 2000 Future Land Use Element Ordinance No~ 00-29 accommodated by the potable water system and plapmed improvements thereto, as described in the Potable Water Sub-Element. Policy 1.4.5 Policy 1.4.6 Policy i .4.7 Policy 1.4.8 Policy 1.4.9 Policy [.4.10 Objective ][.5 Policy 1.5. i The City shall continue to adopt and enforce regulations ro require that development orders not be issued if the potable water required to serve existing land uses and future land uses for ~vhich development orders have been issued would exceed the water which can be provided in accordance with the water use permit issued by the South Florida Water Management District. The City shall continue to adopt and enforce regulations to require cormection ro pubTtic water suppIy and extension of water lines to property boundaries in accordance with applicabIe Palm Beach County Environmental Control RnIes. The City shall continue to adopt and enforce regulations to require that water service agreemems specify the intensity and/or density of the land uses which would be served consistent with water and sewer policies under Objective 8.21 of the Intergovernmental Coordination Element. The City shaiI establish and implement procedures to oppose land development orders for land uses which are in the unincorporated area and adjacent municipalities xvhich are within the City's water service area but do not obtain water service agreements from the City, except for agricult~al land uses and single-family detached dwellings with a lot area oSone acre or more. The City shall continue to adopt and enforce regulations ro provide water supply, treatment, and storage facilities in accordance with the schedule of capital improvements contained in the Potable Water Sub-Element and Capital Improvements Elements, in order ro maintain the levels of service established in the Potable Water Sub-Element. The City shall consider establishing a plan by the year 2002 ro phase in improvements ro the City's water system using special assessment districts prioritizing those enclaves annexed in accordance with the 10-acre enclave annexation provisions. Land deYelopmen~ and future land uses shall be coordinated with the provision of sanitary sewer facilities in order to ensure that the levels of service established in the Sanitary Sewer Sub-Element are met. The City shall continue ro adopt and enforce regulations to require that ali construction and development projects in the City and ~rs sewer service area connect ro the City's sanitary sewer system, excluding agricuituraI uses, and single-family detached dwellings xvith a lot area of one acre or more. Ci.ty of Boynron Beach EAR-based Comprehensive Plan Amendments O0-1 ER Date: June 20_ 2000 Future Land Use Element Ordinance No'. 00-29 Policy 1.5.2 The City shall continue ro adopt and enforce regulations to require that ail constrnction and development projects, provide sanitary sewer collection and transmission facilities to serve the project, or pay for the cost of same, in order to provide service which at least meets the level of service set forth in the Sanitary-Sewer Sub-Element. Policy 1.5.3 The City shall continue to adopt and enforce regulations ro require that all construction and development projects pay a capital facilities charge for sewage treatment and disposal and related capital facilities for the sanitary sewer system, which is approximately equal to the proportionate cost of these capital facilities as are needed to meet the levels of service established in the Sanitary Sewer Sub-Element. Policy 1.5.4 The City shall continue To adopt and enforce regulations to limit the density, intensity, type, extent, and location of land uses ro those which can be accommodated by the sanitary sewer system and planned improvements thereto, as set forth in the Sanitary Sewer Sub-Element. Policy 1.5.5 The City shall continue to adopt and enforce regulations to require connection to the City's sanitary sewer system and extension of sewer lines to property boundaries in accordance with applicable Palm Beach County Environmental Control Rules. Policy 1.5.6 The City shall establish and implement procedure~., to oppose land development ~ders for land uses which are in the unincorporated area and adjacent municipalities which are within the- City's sewer service area but do nor connect to the City's sewer system, except for agricultural uses, and single-farrfily detached dwellings ~vith a lot area of one acre or more located within areas not served by City sewer. Policy 1.5.7 The City shall continue to adopt and enforce regulations to provide sanitary sewer facilities in accordance with the schedule of capital improvements contained in the Sanitary Sewer Sub-Element and Capital Improvemems Elements, in order to maintain the levels of service established in the Sanitary Sewer Sub~Element. Policy 1.5.8 The City shall consider establishing a plan by the year 2002 ro phase in improvements to the City's sewer sysmm using special assessment districts prioritizing those enclaves armexed in accordance with the 10-acre enclave annexation prowsions. Objective 1.6 Land development orders and future land uses shall be coordinated with the solid waste collection and disposal facilities which are operated by the Palm Beach County Solid Waste Authority., so as To meet the level of service establishedin the Solid Waste Sub-Element. City of Boynron Beach EAR-based Comprehensive Plan Amendments 00- I ER [-5 Date: June 20. 2000 Future Land Use Element Ordinance Nc~. 00-29 Policy 1.6.1 Policy 1.6.2 Policy [.6.3 Objective 1.7 Policy 1.7.1 Policy 1.7.2 PoIicy 1.7.3 The City shall establish and implement procedures to provide notification ro the Palm Beach County Solid Waste Authority of any changes ro the Future Land Use Plan which would substantially increase the volume of solid waste that would be generated compared to the uses which would be permitted under the existing plan. The City shall continue to adopt and enforce regulations ro prohibit approval of any increases in the intensity or densities, above those which are shown on the Future Land Use Plan, which would substantially increase solid waste volurnes compared to the uses which wouId be permitted under the existing plan, unless the Palm Beach County Solid Waste Authority verifies that solid waste collection and disposal facilities can accommodate the increase. The City shall continue ro adopt and enforce regulations to require cessation or delay the issuance of developmem orders, or require phasing of same, as appropriate, if the City [s notified by the Palm Beach County Solid Waste Authority that adequate solid ;vaste collection and disposal capacity is not available to serve these development projects. Land development and future land uses shall provide flood protection and drainage facilities which protect buildings from flooding up to the 100-year flood elevation, and shall be consistent with all other agency applicable regulations and requirements. In the ease of conflicts, the most stringent regulations shall apply. . The CiD' shall adopt and enforce procedures ro ensure that ail land development orders be conditioned upon obtaining required approvals and permits from the South Florida Water Management District and/or Lake Worth Drainage District, prior ro submitting final construction plans to the City. The City shall adopt and enforce procedures ro ensure that ail land developmem orders be conditioned upon the reasonable dedication of canal rights-of-way and construction or reconstruction of drainage canals, as required by the South Florida Water Management District and Lake Worth Drainage District. The City shall continue ro adopt and enforce a Flood Damage Prevention Ordinance which shall comply with the requirements of the National Flood Insurance Program, and a Coastal Construction Building Code whhch shall comply with applicable provmions of Chapter I61, Florida Statutes. Conformance with the National Flood Insurance Progrmm is monitored by the Federal Emergency Management Agency on a yearly basis.which may include an office audit to assess conformity with federal laws. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00~ I ER 1-6 Date: June 20 2000 Future Land Use Elemen~ Ordinance No'. 00-29 Policy 1.7.4 Policy 1.7.5 Objective 1.8 Policy 1.8.1 Policy 1.8.2 Policy t.8.3 Policy 1.8.4 The City shall continue ro adopt and enforce srom~warer management and flood protection requirements contained in the City's Subdivision and Platting Regulations, which shall ar least meet, or incorporate, by reference, the regulations of the South Florida Water Ma.nagemenr District and the Lake Worth Drainage District. The City shall adopt and enforce regulations ro require that all land development orders and permits are conditioned upon providing flood protection and, if necessary, drainage facilities which protect buildings from flooding up ro the 100-year flood elevation, and are designed to accommodate a 3-year design storm for duration of the time of concentration for the watershed, and meet ali applicable requirements of the South Florida Water Management District and Lake Worth Drainage District. Ail flood protection and drainage facilities which are necessary ro meet these standards shall be authorized ar the same rtme that developmem orders and permits are authorized. Land development projects and future land uses shall provide and/or be provided with parks and recreation facilities which comply with the park and facility recommendations and levels of service which are set forth in the Recreation and Open Space Elemen~. The City shall continue ro adopt and enforce regulations to require Lhe dedication of public park land and/or private parks recreation facilities and/or fees in lieu thereof, m accordance with the policies and levels of service established in the Recreation and Open Space Element. The City shall also review the performance of these code provisions ar least every five years. The City shall study the raCes of the current general impac¢ fee ordinance to coltecr fees for parks and recreation facilities from construction and developmenr projects ~vhich are not subject to the park dedication requirement contained in the Subdivision and Platting Regulations, but which generate demand for these facilities, including unplat:ed residential projects, and infiI1 development. The City shall continue to adopt and enforce regulations to provide active and passive public parks and recreation facilities ro serve future populations and land uses, in accordance with the schedule of improvements contained in the Recreation and Open Space Element. The City shall prepare and consider either a mandatory or optional mcennve program as a possible alternative to land dedication for beautification projects such as special landscape features, planting beds, and fountains, including trust funds for continued maintenance. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- IER Date: June 20 2000 Future Land Use Element Ordinance N~ 00-29 Objective 1.9 Policy 1.9.1 Policy 1.9.2 Policy 1.9.3 PoI~cy 1.9.4 Policy 1.9.5 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. I and Martin Luther King Boulevard. rhe City shall adopt the design considerations from Table 24 in the Coastal Management Support Document (review and update as needed), and continue the incrmnenta] implementation except where superseded by the Boymon Beach 20/20 Redevelopment Master Plan. The City shall implement the Boynton Beach 20/20 Redevelopment Master Plan by revising City regulatiuns and codes, the Comprehensive Plan including amendments to the Future Land Use Map and the addition of new policies, the Community Redevelopment Plan, and all plans and guidelines specific to areas impacted by the Boymon Beach 20/20 Redevelopment Master Plan. Revisions to these documents should include changes which either include appropriate consolidations of plans affecting similar areas, or changes which increase the consistency between these plans and regulations. The City shall Lmplement the current expanded Community Redevelopment Area consistent with the proposed area delineated in the adopted Boymon Beach 20/20 Redevelopment Master Plan. Redevelopment of "The Ocean District" as defined in the Boymon Beach 20/20 Redevelopment Master Plan should be emphasized when considering marina and similar types of development approvals. The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in parr, implement or further the adopted Boynton Beach 20/20 Redevelopmem Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, srreerscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, araendmems to land development regulations, and/or through rezoning ro new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: - Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; - U.S.1 from north to south city limits, Boynton Beach Boulevard from U.S.1 to 1-95; City of Boynton Beach Comprehensive Plan Amendments 01-01 1-8 Date: January 16, 2001 Future Land Use E~emenr Ordinance No. 01-01 Ocean Avenue from the Marina to Seacrest Boulevard; and; Golf Road between U.S. 1 and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shall be min/mal. If a private developmem proposal is made within a redevelopmem area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use o£ a moratorium or variation of the "zoning in pro~ess" process. Objective 1.10 Policy 1.10.1 Policy 1.10.2 The City, by the Year 2002, shah complete a study of aH nonconforming uses to determine magnitude, type, and value for the City Commission to review and to take action to eliminate nonconforming commercial and industrial uses which are located in residential zoning districts, and all uses which create a significant nuisance or risk of fire, explosion, toxic, or other hazard to existing or future dwellings located in residential land use eategomes on the Future Land Use Map. The City shall require, in the zoning regulations, that all nonconforming commercial and industrial uses which are located in residential zoning districts be discontinued, modified to reduce nonconformity, or screened within 10 years of the adoption of this plan. The City shall evaluate ali nonconforming commercial and industriaI uses which camnot be modified or screened to elkminate si~m~ificant nuisance or risk City of Boynton Beach Comprehensive Plan Amendments 0t-01 t-Sa Date: January 16, 2001 Future Land Use Element Ordinance No, 01-01 PoIiey 1.I0.3 Policy 1.10.4 Objective 1.11 Policy t. 1 I. 1 Policy 1.11.2 Policy 1.11.3 Policy 1.11.4' Policy l.l 1.5 ro existing or future dwellings located in residential categories on the Future Land Use Map, by nuisance abatement or amortization schedule. The City shall require, in the zoning regulations, that all bulk storage or sale of liquified petroleum gas which consrimms a principal use and which is located within 1,200 feet of property within residential zoning districts be discontinued within five years of the adoption of this plan. The City shall require, in the zoning regulations, that ail bulk storage or distribution of other petroleum products xvhich is located within 600 feet of property within residential zoning districts be discontinued within 10 years of the adoption nf this plan. Land development and future land uses shall include provisions for the protection of native habitat, preservation of existing trees (other than undesirable exotic vegetation), minimizing surface and groundwater pollution, minimizing air pollution, preserving of wetlands, and preserving archaeological resources and historic buildings through implementation of the policies below, The City shall continue to adopt and enforce regulations ro require the preservation of mangrove trees, except for an overriding public purpose, and small stands and clumps which are only intermittently connected to the waters of Lake Worth and the Intracoastal Waterway and do not perform a significant fanction in the aquatic food chain. Removal of mangroves will be subject ro the approval of those regulatory agencies vested with this responsibility. The City shall continue ro adopt and enforce regulations to require the preservation of native habitat, endangered species, and native vegetation by continued action in accordance with the policies contained in the Conservation Element. The City shall continue zo adopt and enforce regulations ro reqmre littoral zone plantings around bodies of water and continued enforcement of pertinent regulations tn accordance with the policies contained in the Conservation Element. The City shall continue to require the mitigation, protection and preservation of wetlands and deepwarer habitat and continued enforcement of pertinent regulations in accordance ~vith the Conservation and Coastal Managemem Elements, and the policies concerning wetland and deepwarer habitat which are contained in the Treasure Coast Regional Comprehensive Policy Plan. The City shall continae ro adopt and enforce regulations to review and regulate uses ~vhich could potentially contaminate.groundwater, through the City's Environmental Review Permk procedure, and enforcement of pertinent City of Boynron Beach EAR-based Comprehensive Plan Amendments 00- l ER I-9 Date: June 20. 2000 Future Land Use Element Ordinance No. 00-29 regulations and performance standards which are related ro groundwater protection. Poi'icy 1.11.6 The City shall continue to adopt and enforce regulations to require percolation of the first one-half inch of stormwater runoff into grassy swales or other landscaped areas, through the enfomement of perzinent regulations, and require inlets and catch basins to be located in grassy swales or other landscaped areas, except on sites of less than one-half acre where the application of this requirement would not be reasonable. Policy iAI.7 The City shalI, through the enforcement of pertinent regulations, continue to require that property which has been cleared be seeded and mulched within 30 days, in order ro minimize blowing soil, unless the developer diligently proceeds with the construction of buildings, infrastructure, or other improvements ro the site. Policy [.11.8 The City shall continue to adopt and enforce regulations, as well as, new or revised policies within, and revisions m the Transportation Element to reqmre that developmenr projects include the provision of facilities for pedestrian and bicycle transportation, and mass ~ransportation, wherever practical, in order to reduce air pollution from automobiles. Policy 1.11.9 The City shall, thzough the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development si, te, or the discovery of archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Archives, History and Records Management, in the Florida Department of State. Proper protection to the satisfaction of the division shall be provided by the developer. Policy 1.11.10 The City shall annually request local historical societies to review the lists and maps of historic properties contained in the completed historical survey for annual additions of eligible properties to these lists and maps. The City Commission shall be allowed so adcpt and/or revise the lists and/or maps of historical properties which are shown in the historic survey and the Comprehensive Plan, by resolution for recording with the sram. Policy 1.11.11 By 2002, the City shall prepare and adopt a historic preservation ordinance to ~mplement the recommendations of the Historic Site Survey. Policy 1.11.12 The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and "C" rated sites of i0 or more acres. These standards shall be placed as the conditions of approval for developmenr orders and permits where applicable. Ci~ of Boynron Beach EAR-based Comprehensive Plan Amendments 00-1 ER 1-10 Date: June 20. 2000 Future Land Use Element Ordinance N~. 00-29 Policy I.I 1.13 Ob iective 1.12 Policy 1.i2.I Policy 1.12.2 Objective 1.13 Policy 1.t3.1 The City shall designate compatible dredge spoil disposal skes consistent with state and federal laws and rules and in sufficient size and number to ensure continued availability throughout the pIam'~ing period to the year 2015. Coastal area population densities shall nor exceed those which can be accommodated by streets and roads in the event that hurricane evacuation is necessary, which shall be accomplished by coordinating residential densities and the approval of residential projects with the Palm Beach County Comprehensive Emergency Management Plan, and the agencies which are responsible for formulating and implementing this plan. The City shall adopt and enforce regulations ro notify and shall solicit the comments of the Palm BeacL County Division of Emergency-Management and the City's Pdsk Management Officer. prior to approving any increase in residential densities in the Hurricane Evacuation Zone above the maximum densities allowed Ln the Coastal Management Element, if the proposed density increase would result in an increase of 50 or more dwellings. The City shall request that these density increases be evaluated with respect ro the Palm Beach County Comprehensive Emergency Management Plan. The City shall consider these comments, prior to issuing a development order for the project, and shall not approve density increases ~vhich would substantially impmr hurricane evacuation. The City shall' adopt and enforce regulations to require that traffic impact statements for residential projects of I00 dwellings or more which are located in the Hurricane Evacuation Zone include an evaluation of the affect of the project on hurricane evacuation times. The City shall forward a copy of this traffic impact statement to the Palm Beach County Division of Emergency Management and the City's Risk Management Officer for their comments, and shall consider these corrunents, prior to ~ssuing a development order fo} the project. The City shall request that these traffic impact statemems be evaluated with respect ro the Palm Beach County Comprehensive Emergency Management Plan. Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. The City shall provide water and sewer service, according ro appropriate contribution requirements, ro ali existing and proposed urban land uses within the water and sewer service areas delineated in the Potable Water and Sanitary Sewer Sub-Elements. up to the densities and inrenmties which were utilized m planning the water and sewer systems. City of Boynton Beach Date: June 20. 2000 EAR-based Comprehensive Plan Amendments 00-IER Future Land Use E lemem Ordnance No. 00-29 Policy 1.13.2 The City shall initiate an evaluation of the current regulations and incorporate development recommendations contained in the Boynron Beach 20/20 Redevelopment Master Plan. Policy 1.13.3 Policy 1.13.4 The City shall continue re encourage infilI development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopmenr Master Plan, and the policies contained in the Coastal Management Eiement. The City shall further discourage urban spra~vl; Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments withir_ the City's urban service areas, while requiring the ma,xSmization of all public services for each development in the most cost effective manner possible; and Demonstrate, in ail future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a fanctional mix of uses. ObjectiYe 1.14 Policy 1.14.1 The City shall ensure the availability of land for utilities by evaluating the need for such land, particularly in the review of development projects, and allowing adequately-zoned land for same. The City shall adopt and enforce regulations to require the dedication of sires: easements, and rights-of-way for utilities which are needed to serve the project and surrounding land uses, as a condition of the approval of development plans. Policy 1.14.2 The City shall, as a part of the review and approval of development projects, adopt and enforce regulations to evaluate the need for sites for major utility and public facilities and require dedication of same, without penalty for the density or intensity of use, where doing so ~vould be reasonably possible; otherwise consider the purchase of property, if dedication of [and is not feasible. Policy 1.14.3 The City shall allow welifields to be located in any land use category or zoning district. Policy 1.14.4 The City shall adopt and enforce regulations to allow utility facilities to be located in any land use category or Zomng district, but require site plan landscaping rewew and screening for these facilities, where appropriate, and maintenance by HOA. Objective 1.15 The City shall encourage planned development projects ~vhich are sensitive to characteristics of the site and to surrounding land uses, and City of Boynton Beach I- 12 EAR-based Comprehensive Plan Amendments 00-! ER Date: June 2C. 2000 Future Land Use Element Ordinance No. 00-29 Policy i. 15.1 Policy 1.t5.2 Policy 1.I5.3 mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating laud development. The City shall continue to allow mixed commercial/residential uses in the C-3 Community Commercial zoned portion of the Local Retai] Commemial land use category and Mixed Use land use category, and Central Business zoning districts, in accordance with the zoning regulations for these districts, ~vhere such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. For such mixed use projects located in the Local Retail Commercial land use category, the maximum density shall be [0.8 d~velIing units per acre. Commercial uses shall be aIIowed up to the intensities specified in Policyl.16.2. These commercial and residential Iand use intensities shalI not both be applied to the same land area. except ~vhere specifically permitted in the Land Use Problems and Opportunities section contained in the Future Land Use Element support documents. Any mix of commemiai and residential land uses shall be allowed. however. Where such projects would be located in the Mixed Use land nsc category, the maximttm density shall be 40 dwelIing units per acre. Commercial uses shall be allo~ved up to the intensities specified in Policy 1.16.2. These commercial and residentiaI land use intensities may both be applied to the same land area, and any mix of commercial and residential land uses shall be allowed. The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. For such mixed use projects located in the Local Retail Commercial land use category, the maximum density shall be 10.8 d~velling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities shall not both be applied to the same land area. except where specifically permitted in the Land Use Problems and Opportunities section contained in the Future Land Use Element suppor~ documents. Any mix of commercial and residential land nses.shalI be allowed, however. For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up ro the intensities specified in Policy i.16.2 These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed. The City shall continue To adopt and enforce regulations to allow mixed commercial/industrial rises if approved as such in the Industrial land use category, where such projects would sot create significant land use conflicts, City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER I-I3 Dat~: June 20, 2000 Future Land Use E. lemenr Ordinance No. 00-29 and public facilities would be adequate to serve the project. The specific types commercial and industrial uses shah be limited ro those listed for the Industrial land use category under Policy 1.16.1. For commercial/industrial projects over 10 acres, not more than 50% of the net acreage shall be devoted ro commercial uses. For commercial/industrial projects of less than I0 acres. there shall be no limitations concerning the mix of commercial and industrial uses. Any commercial/industrial projects with an area of 20 or more acres shall require approval as a Planned Industrial District. Maximum lot coverage and building heights for such projects shall be in accordance with Policy 1.I6. i. Po[icy 1.15.4 The City shall continue to adopt and enforce regulations to allow mixed commemiai/~varehouse uses [f approved as such in the industrial, General Commercial, and Local Retail Commercial land use categories where such projects would nor create significant land use conflicts, and public facilities would be adequate m serve the project The specific types commercial and warehouse uses shall be limited ro those listed for the par~icular land use category in which the project lies, in accordance ~vith Policy 1.16.t. For conxnercial/warehouse projects of 10 or more acres located in the Industrial land use category, not more than 50% of the net acreage or floor area shall be devoted to commercial uses; if less than 10 acres, there shall be no limitations concemmg the mLx of commercial ?md warehouse uses. For commercial warehouse projects located in the Local Retail Commemial and OeneraI Commercial land use categories there shall be no limitations concerning the mix of commercial and warehouse uses, however, any such projects of three or more acres in the Local Retail Commercial land use category shall require approval as a Planned Commercial Developmem zoning district. Maximum lot coverage and building heights for such projects shall be in accordance with Policy 1.16.2. Objective 1.16 The City shall continue ro regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan. Policy 1.t6.I The City shall continue ro adopt and/or revise regulations to continue ro enforce zoning regulations, which, unless provisions are made for othe~vise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan m accordance with the following descriptions of land use categories. The uses allowed under each land use category shall be construed ro be the maximum range of uses, but shall nor indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulare certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use City of Boynron Beach EAR-based Comprehensive Plan Amendments 00- l ER 1-14 Date: June 20. 2000 Future Land Use Element Ordinance N~ 00-29 characteristics which are very similar ro those xvhich are listed under a particular land use category may also be allo~ved in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; govermnenr, utilities, and commumcations facilities, but nor storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: Alt attached single-family, condominium, and cooperative dwellings which exist at the rime of the adoption of this comprehensive plan shall be construed ro be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non- conforming densities is ro be codified in the City's Zoning regulations. Dwellings which are built on nonconforming lots w/th a reasonable lot area and on which construction is permitted in the zoning regulations shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home ,parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue ar the existing density, ar the non-conforming density, until the use of the entire mobile home park is terminated. Ail new mobile home parks shall conform ro the density shoxvn on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary ro allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below Recommendations for specific areas which are contained in the Land Use Problems and Oppormnkies section of this Element shall suuersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restrictive. Low Density Residential: This land use category shall generally consist of ali residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 d~velling unha per ~cre. Pubtic, edueationah and institutional uses located_within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however. City of Boynton Beact~ EAR-based Comp rehensive Plan Amendments 00-I ER 1-15 Date: June 20. 2000 Future Land Use Element Ordinance N~{~ 00-29 and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling traits per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occnpafions; commercial uses if clearly accessory and subordinate to residential uses, and occupying nor more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities which are comparable to this density in character ~r impact. Density bonuses up to 9.68 dwellings per acre rimes the average number of persons per household in the City may' be allowed for group homes for the elderly in the Lo~v and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Moderate Densio, 7~esidential: This land use category shall generally consist of ail residential zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling untrs per acre, but does nor exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the.Public and Private Goverrzmenta~Institutionai land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. I'he use allowed in this land use category shall be limited, but shall not necessarily include, the following: Same as Low' Density Residential, except that the maximum gross density shall be 7.26 dwelling units per acre. Medium Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross densiW permitted by the zoning regulations is greater than 7.26 dxvelling units per acre, but does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in tire Recreational land use category. The use allo~ved in this land use category shall be iimlted to, but shall nor necessarily include_ the following: Same as Low Density Residential, except that the mmxinrum gross density shall be 9.68 dwelling units per acre. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER Date: June 20_ 2000 Future Land Use Element Ordinance N~. 00-29 High Density Residential: This land use category shalt generally consist of all residential zoning districts in winch the gross density permitted by the zoning regulations is greater than 9.68 dweIling units per acre, but does nor exceed 10.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, mad parks and recreation facilities may be placed in the Recreational land use category. The use allowed [n tins land use category shall be limited to, but shall not necessarily include, the following: Same as Low Density Residential, except that the maximum gross density shall be 10.8 dwelling units per acre. Special High Density Residential: This land use category shall consist of residential areas assigned to this land use category in the Coastal Management Element, and may be applied only in Coastal Area as designated in the Coastal Management Element. The uses allowed in this land use category shall be limited m, but shall nor necessarily include, the following: Same as Low Density Residential, except that the maximum gross density shall be 20 dwelling units per acre. Office Commercial: This land use category shall consist of ail C-1 Office and Professional Commemia] zoning districts, and any other zoning districts which may be established, including Plarmed Commercial Development zoning districts, which are similar in character ro the C-t district provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. The uses allowed in this land use cazegory shall be limited to, but shall nor necessarily include, the following: Business, professional, and adminiseradve offices; and financial institutions; funeral homes; places ofworskip; self-service storage facilities (limited-access mini-wa.rehouse only); schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related heal~ care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses. Local Retail Commercial: This land use category shall consist of ali C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- l ER t-I7 Date: June 20. 2000 Future Land Use Element Ordinance No. 00-29 and any other zoning districts which may be established, including Planned Commemial Developmenr zoning districts, which are similar in character to the C-2 or C-3 districts, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Local R.etail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Ali uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non-hazardous commodities; business services which are compatible with retail uses; entertaira-nem, recreation facilities, amusements, attractions, and expnsirion halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusemems, revival tents, and the like; also, high-density residential (maximum I0.8 dwellings units per acre), including mixed use developments. Mixed Use: This land use category shall consist of ail Central Business District zoning districts and/or any zomng district(s) which may be established Subsequent ro the adoption of the Plan, provided that ali of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall nor necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density I~esidential Land Use Category; however, residential and hotel/motel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan which includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Developmem districts, which are similar in character to the C-4 district, provided that att afthe abovementioned zomng districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: _ City. of Boynron Beach EAR-based Comprehensive Plan Amendments 00- IER 1-I8 Date: June 20. 2000 Future Land Use Element Ordinance N~2 00-29 At! uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vela/cie and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. Industrial: This land use category shalI consist of all M-i and Plan,ned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that ali of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. The uses allo~ved in this land use category shall be limited to, but shalt nor necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restanranrs which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmenral/Institutiormt land use categories, if approved as such in a planned industrial development; provided, however, that ail of the abovemantione'd zoning districts are shown on the Future Land Use Map within the Industrial land use category. Agwiczdture: This land use category shall consist of ail A~iculturaI zoning districts, provided that ail of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited t% bm shall not necessarily include, the following: Agricultural and horticultural uses as either an interim or long-term use; processing and sale of produce grown on the premises; kermels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwelling per five acres. Recreational: This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that ail land acquired for public parks, excluding those which are located in plmmed zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within ~fve years of acquisition. Ail of the abovementinned properties and zoning districts shall be City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-I ER 1-19 Date: June 20. 2000 Future Land Use l~lement Ordinance No. 00-29 construed to be in the Recreational land use categow, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community cern?rs; waters of Lake Worth and the [ntracoastat Waterway, excluding finger canals, and other bodies of water. Public a.d Private Governmemai/Jnstitutional: This land use category shall include all PU Public Usage zomng districts, and shaiI include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools which were in existence prior to 1988 shall also be included in this land use category. The land use category for public scbools built after 1988 shall be a reasonable category which is a~eed upon by the City and the Palm Beach County School Board administration. Ali of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/Institutional land use category, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be Iimite~l to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quas~-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities, Conservation Overlay: The uses allo~ved in this land use category shall be the same as for the underlying [and use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of native habitat occurring on any developmem site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, store, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan, The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of developmem rights from these sires, for the purpose of preserving more than 25% of the native habitat on s~te. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- 1 ER -20 Date: June 20. 2000 Future Land Use Element Ordinance N(~. 00-29 Boynron Beach 20/20 Primary Ta~Ter Areas Overlays: The target areas delineated in the Boynron Beach 20/20 Redevelopmem Master Plan as "Primary Target Areas" shall be studied. Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land developmem regulations, and/or through rezoning ro new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Conunercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S. 1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. City of Boynton Beach Comprehensive Plan Amendments 01-01 1-20a Date: January 16, 2001 Future Land Use E..Iemenr Ordinance No. 01-0i Policy t.16.2 Policy 1.16.3 Obje_ctive 1.17 Policy 1.17. I Policy 1.17.2 Policy 1.17.3 Policy 1.17.4 Policy 1.17.5 Objective 1.18 The City shall continue ro enforce the land development regulations to provide that the maximum floor/area ratio in non-residential land use categories shall be limited by the maximum lot coverage, the maximum height, and the parking, landscaping, and srormwater retention reqnirements contained in the City's Code of Ordinances. However, in no case shall the lot coverage exceed 50% in commercial, recreational, and public usage zoning districts, other than the Central Business District zoning district, which shall nor exceed 85% and 60% in zoning districts which are included in the Industrial la.nd use category. The City shall connnue ro enfome the land developmenr regulations to enforce and implement the policies which regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section shall apply, regardless of the stares of the City's development regulations, and are hereby incorporated by reference toro the Goals, Objectives, and Policies of this Plan. Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts. The City shall continue ro discourage additional cormmercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are teasr. The City shall continue to utilize and enforce performance standards in the City's zoning regulations. The City shall continue To utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. The City shall adopt and enforce regulations to reqmre solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer wails The City shall continue ro maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consisrem with adjacent [and uses, ot with ~mplementing redevelopment [[ans including the Boynron Beach 20/20 Redevelopment Master Plan. The City shall continue to require on-site vehicular loading areas, streets, and parking lots to be designed and sized to provide the maximum reasonable degree of safety and convenience. CiW of Boynton Beach EAR,based Comprehensive Plan Amendments 00- I ER 1-21 Date: June 20, 2000 Future Land Use Element Ordinance No. 00-29 Policy 1.1g.1 Policy 1.18.2 Objective 1.19 Policy 1.19.1 Policy 1.19.2 Policy 1.19.3 Policy [.I9.4 The City shall continue ro enibrce the City's Parking Lot Regulations and the street design requiremems contained in the Subdivision and Platting Regulations. These regulations shall meet or exceed the design standards used by the Florida Department of Transportation, unless altemafive standards can be justified. Review the performance of these code provisions at least every five years. The City shall continue to require provision of parking spaces in accordance w/th the City s Code of Ordinances, which shall ensure to the extent wh/ch can be reasonably determined, that adequate parking is provided on 95% of the days throughout the year. Review the performance of these code provisions ar least every five years. The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are complied with. The City shall continue efforts to encourage a full range of housing choices, by allowing densities whick can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of~kdequare sites for housing very-tow, low-, and moderate mcome households and for mobile homes. The City shall provide continued effort m allo~v for industrial acreage which can accommodate the approximate [ndustriaI employment xvhich has been projected in the Future Land Use Element, and prohibit conversion of land designated "Industrial" on the currently adopted Fnture Land Use Map unless such conversion xvould generam a range of employmenr choices for current and future residents, provide goods and services of regional ~mporrance, and rerahn regional fiscal and economic significance. The City shall continue ro support the designation, by Palm Beach County, of fature industrial land uses in the vicinity of Boymon Beach Boulevard and Florida's Turnpike, and consider allowing such sites at the northeast comer of Old Boynron Road and Congress Avenue, if approved as parr of a Development of Regional Impact or an Areawide Development of Regional Impact. The City shall continue ro encore:age and enforce the developmenr of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 1-22 Date: ~'une 20. 2000 Future Land Use Element Ordinance No. 00-29 Policy t.19.5 Policy 1.19.6 Policy 1.19.7 Folicy 1.I9.8 Policy t.19.8.a The City shall continue to adopt and enforce regulations ro alloxv for commercial acreage which can accommodate the approximate demand for commercial acreage which has been projected in the Futura L~nd Use Element. The City shall not allow commercial acreage ~vhich is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would nor reqmm the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall nor allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which carmor be fulfilled by existing commercially- zoned property, and the commercial use would comply with ali other applicable comprehensive plan policies. The City shali continue ro change the land use and zoning to permit only residential or other non-commercial uses In areas where the demand for commercial uses wili not increase, partieularly in the Coastal Area. The City shall continue to adopt and enforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category. Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential. High Density Residential, Office/Commercial, Mixed U~'&, and Public and Private Gove~ent/InstitutionaI land use designations. Designated sites shall comply with state law and the following locationai and design criteria; At a minimUm, the threshold acreage for new schools shall be as follows: Elementary Schools: A minimum of four acres for the first 200 students, plus one acre for each addkional 100 students. h) Middle Schools/Junior High Schools: A mtniraum of six acres for the first 300 students plus one acre for each additional 100 students. c) Senior High Schools: A minimum of seven acres for the first 300 students plus one acre for each additional 50 students up ro 1,000 students, plus one acre for each additional 100 students thereafter. d) Area Vocational-Technical School: A minimum nf 20 acres for the first 500 students plus one acre for each additional 50 students up ro t,000 students. e) Community College: A mare campus sire shall be a minimum of I00 acres. Each separate center sire shall contain a minimum of 40 acres for the first 500 students plus two acres for each additional 100 Ci~ of Boynron Beach EAR-based Comprehensive Plan Amendments O0-I ER 1-23 Date: June 20 2000 Future Land Use F~Iement Ordinance No. 00-29 Policy 1.19.g.b Policy l.lg.8.c Policy 1.19.8.d Policy 1.19.8.e Policy 1.19.§.f Policy 1.19. g.g Policy 1.19.g.h Policy 1.19.8.i Policy t.19.9 students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Upon issuance of a development order for a nexv school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads and appropriate bus stops are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is availabte. Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. The City shall request that the School Board submit for review information on renovations, additions, and proposed expansions to property owned by the School Board to assure the availability of public facilities and land use consistency, as the proposal relates to future planned improvements. Planners for the School Board, County, and the City shall be included in both the development of the school location criteria and the school siting process. Development of school location criteria should be initiated and the location of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the nefv schools. The City and School Board plarmers should consider making schools and their location the focal point for new developments. The City shall advise the School Board of ail Plan amendments that may affect the location of new schools and proposed improvements. During pre-development program planning and site selection activities, the City, as service provider, will coordinate with the Palm Beach County Public School system ro consider all reasonable opportunities to collocate new libraries, parks, and other facilities with public schools, where compatible, and the potential exists to create logical focal points for community activities. Early review and coordination will be modified as necessary ro timely consider these potentials. In conjunction with co-locational facilities, efforts shall be made to provide access for bicyclists, pedestrians and transit riders from collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-szte amenities to be serviced by mass transit or community shuttle services. The City shall continue to adopt and enforce regulations to place sites of three or more acres xvhich are occupied or are planned to be occupied by government uses, utilities, hospitals, places of worship, and private schools, in the Public and Private Governmental/Institutional land use category, except City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-IER 1-24 Date: June 20_ 2000 Future Land Use Ejement Ordinance No. 00-29 where such uses are located in the Central Business District zoning district or in planned zoning districts. Policy 1.t9.10 The City shall adopt and enforce regulations ro place sites of two or more acres which are occupied or planned ro be occupied by public parks and recreation facilities, and where applicable, private parks and recreation facilities for residential projects, in the Recreation land use category, except where such uses are located in the Central Business District zoning district or m planned zoning districts. Objective 1.20 The City shall regulate subdivision of land by continuing to require that the creation of more than three parcels either at one time or cumulatively since 1978 be platted and developed in accordance with the Subdivision and Platting Regulations. Policy t.20.1 The City shall adopt and enforce requirements for the provision and design of potable water, sanitary sewer, and drainage facilities, smrmwamr rrearmem, roads, pedestrian and/or bicycle paths, and parks and recreation facilities; site clearing and grading, removal of unsuitable soils, stabilization of soils, provision of sites for schools, utilities, welifields, and other public uses, including easements and/or rights-of-way for same; and consistency with the Future Land Use Plan and zoning regulations. Policy 1.20.2 The City shall establish and implement procedures to revie,;v the performance of the subdivisibn regulations at least once every five years. Objective 1.21 The City shall adopt the land development regulations to prevent signs which are hazardous or aesthetically obtrusive. Policy 1.21.1 The City shall review, and process necessary revisions to the City's sign ordinance consistent with current Cky direction, and review the performance of this ordinance ar least once every five years. Policy 1.21.2 The City shalI adopt and implement an amendment to the land development regulations to remove aonconforming signs and bilIboards through an amortization program. Policy 1.21.3 The City shall establish and implement a public education program emphasizing the value of sign regulation in terms of nuisance control and land value enhancement. Objective 1.22 In keeping with the "New Urbanism" principles established as guidelines for development, the City shall incorporate the following policies in its redevelopment and neighborhood planning activities in keeping with the Visions 20/20 recommendations. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- IER 1-25 Date: lune 20. 2000 Future Land Use F~lernetu Ordinance No. 00-29 Policy 1.22.1 Policy 1.22.2 Policy 1.22.3 Policy 1.22.4 The Com_munity shall be defined by a series of wa!kable neighborhoods. The neighborhoods shall have a clearly defined center and edge. The distance between the two should be no more than a five-minute walk. Streets shall be laid out as netwvorks. Each street shall be functional and safe for both the car and the pedestrian/bicyclist. The City shall look to civic buildings as providing places of assembly and be predominately located so as ro contribute to the identity of each neighborhood, they should also be designed ro serve as symbols of pride for the Community. Neighborlaoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be in walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. In the City's downtown areas the foltoxving standards are to be emphasized: 1. Mixed-use buildings are appropriate; 2. Height of buildings to be consisrem with the City of Boynton Beach Vision 20/20 Redevelopment Plan; 5. Density should be higher ar the center and radiate our into edges v¢ith lower density; 4. Streets should be pedestrian-friendly and safe, nor totally designed for the automobile. City of Boynton Beach EAR-ba~ed Comprehensive Plan Amendments (J0- I ER 1-26 Date: June 20. 2000 Fnture Land Use E~lement ' Ordinance No. 00-29 City of Boynton Beach Transportation Element Goals, Objectives, and Policies Goal 2 To develop and maintain a transportation system which ~viI1 serve the transportation needs of ali sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing mariner. Objective 2.1 The City shall continue to provide a transportation network based on the following minimum level of service standards: · Level of Service "C" or better under daily and peak hour conditions on ail unspecified City and collector highway facilities. Level of Service "C" for average daily and Level of Service "D" for daily peak season and year-round peak hour conditions on all non- specified arterial facilities. Level of Service "D" for year-round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US I between Boynton Beach Boulevard and Woolbright Road, 1-95 through the City, Boynron Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95;'Congress Avenue between Boynton Beach Boulevard and NW 22nd A-zenue and Boynton Beach Boulevard east ofi-95. Level of Service "Maintain" 1-95 from Boynton Beach Boulevard to Woolbright Road, Boynton Beach Boulevard from Old Boynton Road to 1-95, Congress Avenue from Boynton Beach Boulevard to the south City limits and Flypoluxo Road east ofi-95. Policy 2.1.1 Policy 2.1.2 The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of public transportation facilities needed to maintain the minimum level of service adopted by the City. The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special Transportation Areas" for those roads with operational standards less than Level of Service "D". Policy 2.1.3 The City shall continue to armuall? identify Backlogged and Constrained facilities and roadways operating below their ~dop~ed Level of Service. Through the continued monitoring 'of area-Mde traffici conditions, and requirements for development project traffic studies, highway improvemenxs city of Boynton Beach' ._ Policy 2.1.4 Poli.cy 2.1.5 Objective 2.2 and phased traffic impacts, the City shall only approve additional developmem projects which would "Maintain" operating conditions on Backlogged and Constrained facilities and nor cause adopted level of service standards to deteriorate on other roadways. The City shall petition Palm Beach Coumy for the necessary exceptions to the Palm Beach Coumywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as ir becomes possible/necessary to request such exceptions. The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance To the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ~rdinance and do nor exceed the Level of Service Standards set forth in Objective 22. The City shall continue to implement the future Transportation Plan on a priority basis and shall coordinate same with the City's Future Land Use Plan. Policy 2.2.1 Policy 2.2.2. Policy 2.2.3 Policy 2.2.4 Objective 2.3 Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. The City shall continue to establish and maintain an updated prioritized listing of st~ort term ~2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of ail programmed road improvements as identified in the City's Transportation Elemem. The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt ro secure County and/or stare funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. The City, in conjunction with the armual update of the City's Capital Improvement Program, shall continue making avallable supplemental funding necessary ro accelerate unfunded or otherwise lagging road improvemems. Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address the need for any capacity or traffic calmin~safety-rela~d road improvements on an as needed basis. City of Boynron Beach EAP,_-based Comprehensive Plan Amendments 00-1ER Date: June 20. 2000 Transportation ~lement Ordinance No. 00-29 Policy-.o 1 Obi ective 2.4 Policy 2.4.1 Policy 2.4.2 Policy 2.4.3 Policy 2.4.4 Policy 2.4.5 Policy 2.4.6 Measure: Number of case studies performed; Number of safety related improvements implemented. The City shall perform a traffic coum and special traffic studies for local streets and collector roadways on an as needed basis. The City shall develop and maintain a safe, convenient, and energy efficient multi-modal transportation system which will meet future as well as current transportation needs. Measure: Number of SOV aura trips converted to transit trips as estimated by peak hour load factor. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. The City's engineering and police department shall continue to investigate local high crash locations ro identify potential methods of m~nimizing or eliminating future, problems (through Palm Beach County's Commtmity Traffic Safety Team). The City shall continue to support the construction of sidexvalks andTor designated roadside bike~vays in all land development regulations and road improvement ,projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. The City shall continue to require unobstructed sight lines and non-obtrusive landscape plantings along medians and ar development driveway/street locations. Planting within and along roadway rights-of-way should emphasize the use of native vegetation. The City, ar a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. The City shall, by the year 2002, modify and enforce regulations to include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive rum lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). The City shall implement the recommended bike~vay classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-3 Date: June 20. 2000 Transportation ~lement Ordinance No. 00-29 Objective 2.5 Policy 2.5.1 Policy 2.5.2 Policy 2.5.3 Policy 2.5.4 Objective 2.6 Policy 2.6.1 Policy 2.6.2 Objective 2.7 Explore all legally defensible alternatives for protection of public right- of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provismns for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent performance review. The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineer/rig and development review procedures. The City shali continue to requ/re in the land developmenr regulations the provision of handicapped parking facilities when reviewing development proposals. The City shall modify and enforce regulations ro require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Deparrrnenr of Transportation and/or Palm Beach County when corridor~fight-of-way maps are flied with the Palm Beach County Official Records Division. The City shall review and modify regulations ro provide safe and efficient on- sire circulation and parldng for ail vehicles if subsequent analysis determines that on-site design produces unsafe conditions. The City shall provide for private sector responsibility to implement project related transportation improvements. Measure: Amount of private sector highway improvements. The City shalI continue m modify and enforce regulations to require a traffic impact analysis for any development project anticipated ro generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. The City shall continue ro require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever City of Boynron Beach EAR-based Comprehensive Plan Amendments 00-1ER 274 Date: June 20. 2000 Transportation t~Iement Ordinance No. 00-29 feasible in lieu of~ or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. Policy 2.7.1 The City shall promote local, or county and state (Florida Deparrmem of Transportation, Palm Beach County) funding for traffic operations ~mprovements with particular emphasis on developed roadways such as US I, or projected overcapac~ty arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to 1-95, as well as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. Policy 2.7.2 The City shall, if necessary, consider capacity improvements to US i and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Policy 2.7.3: Transportation Demand Management: The City shall support the County Metropolitan Planning Organization's establishment of a Transportation Demand Management program by 2003 as pan of a congestion avoidance strategy ro reduce the number of single occupant vehicles-during peak trafiic periods, either 'by trip reductions or by accommodating existing trips in fewer vehicles (e.g. trip reduction ordinance), or by moving some trips before or after the most congested periods. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). Objective 2.8 The City shall strive to reduce overall energ~ consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures:Decrease in average vehicle delay on City roadways; Increase in auto occupancy or car pool users. Policy 2.8.1 The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-5 Date: June '2_0 2000 Transportation ,Element Ordinance No. 00-29 Policy 2.8.2 Policy 2.8.3 Policy 2.8.4 Objective 2.9 Policy 2.9.1 Policy 2.9.2 Policy 2,9.3 Policy 2.9.4 Policy 2.9.5 Policy 2.9.6 Objective 2.10 The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. The City shall continue to support the Tri-RaiI project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Tri-Rail to Florida East Coast Railroad upon feasibility of such. The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not ~Smd this prog2-am). The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure-Increase in facilities which meet the criteria below. The City shalI continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. The City, in conjtmction with the recommendations from the Boynton Beach 20/20 Redevelopment Master Plan, the shali develop "gateway" treatments a major cross s~eet locations and facility entrances to the City, as well as, older neighborhoods. The City shall continue ro program and budget funds for streerscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to support or, where appropriate, require funding for landscaping and irriganon in transportation projects and for perimeter masonry and/or vegetation screening along ail private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue ro enforce local and state taws prohibiting dumping or littering in public right-of-way. The City shall implement recommendations related ro the roadway improvements and beautification as recommended pursuant to the Boymon Beach 20/20 Redevelopment Master Plan. The CiD' shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and City of Boynron Beach EAR-based Comprehensive Plan Amendments 00-1 ER 2-6 Date: June 20. 2000 Transportation ~Element Ordinance No. 00-29 Policy 2.10.1 Policy 2.10.2 Policy 2.10.3 Objective 2.11 Policy 2.11.1 Policy 2.I 1.2 Policy 2.11.3 Policy 2.11.4 utilize the resulting plans to update the City's Transportation Element as appropriate. The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization wiff_ a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan PlannLng Organization Five-Year Transportation Improvement Program. The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order ro support and engage in cooperative funding of transportation improvements. The City shall continue to assist Palm Tran in providing efficient mass transit services based on existing and future trip generators and attractors and also provide local mass transit road and terminal areas which are safe for transit users. The City shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Raii Authority. The City shall continue to modify and enforce regulations m encourage the provision of transit related shelters in major land development projects~ Reserved. The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule information. City of Boymon Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-7 Date: June 20, 2000 Transportation Element Ordinance N~. 00-29 City of Boynton Beach Utilities Element Goals, Objectives, and Policies Sanitary Sewer Sub-Element Goal 3A The City of Boynton Beach shall secure adequate capacity for treatment and disposal of wasrewarer, install and maintain adequate wasrewamr collection and transmission facilities, take steps to minimize wasrewater flows, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Objective 3A.1 Adequate Treatment and Disposal Capacity. Under the auspices of the interloeal agreement, the City of Boynton Beach will seek to secure reserve capacity at the South Central Regional Wastewater Treatment and Disposal Facilities that is adequate to eliminate existing deficiencies and to serve the City's needs through buildout. Build-out flows are estimated to be 16.8 million gallons per day, measured on a MMDF basis. Policy 3A.I.1 The City shall maint~n the adopted Level of Service Standard based on the provision of service at a level equal ro at least 90 gallons per capita per day maximum month average daily flow for peak population. Policy ~A. 1.2 The City will continue to coordinate and renegotiare the existing agreement with the South Central Regional Wastewater Treatment and Disposal Board to secure wastewater treatment and disposal capacity equal to the flows estimated in the City's wastewater master plan every 5-years, or as often as necessary. Policy 3A. 1.3 The City shall permit development with individual septic tanks only [n areas not served by City sewer for densities of I dwelling unit per acre or less. Policy 3A. 1.4 The City shall continue to participate in and support the State's policy ro eliminate the discharge of inadequately treated wastewarer and stormwarer runoff into the waters of the state. Objective 3A.2 Adequate and Efficient Collection and Transmission Facilities. The City Of Boynton Beach will provide collection and transmission services to residential and non-residential customers, both inside and outside the City limits, adequate to meet flows projected in the City's wastewater master plan. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-1 Date: June 20. 2000 Utilities Element Ordinance N~o. 00-29 Policy 3A.2.I Policy 3A,2.2 Policy 3A.2.3 Policy 3A.2.4 Policy 3A.2.5 Objective 3A.3 Policy 3A.3.1 Policy 3A.3.2 Policy 3A.3.3 Objective 3A.4 The City shall size new collection and transmission facilities to meet buildout conditions, and include 'known redevelopment plans. The City will implement an annual maintenance program that will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. The City shall update the master plan for facility expansion on an annual basis based upon development and growth. The City shall require that approved new developments will install sewer lines according ro City specifications in order to receive development approval. The new lines will. in most cases, be deeded to the City. The City shall continue to require that new development ~vill pay for its fair share of existing or planned capkaI facilkies through a connecri pn charge system. Minimize Wastewater Infiuent and the Disposal of Effluent. The City of Boynton Beach Will Minimize Wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing effluent where passible. The City shall maintain the Level of Service Standard for the existing water and wastewarer service area. The average armuai daily flow of wastewarer delivered for treatment ro the South Central Wastewater Treatment Plant will not exceed 70% of the average annum daily flow of treated water leaving the City's water treatment plant, adjusted for service area differences. The City shall make biermial estimates of iniiltration and infioy to determine rares and locations. Where economically feasible, system improvements wilI be made to reduce these levels. The City shall continue to seek oppottunities within the City limits to use treated wastewater effluent for irrigation purposes. Financing of System Improvements and Operations. The City of Boyntan Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-service. City off Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER 3-2 Date: June 20, 2000 Utilities Element Ordinance No~ 00-29 Policy 3A.4.1 Policy 3A.4.2 Policy 3A.4.3 Objective 3A.5 The City shall operate the sanitary sewer system as an enterprise, such that all costs will be borne by utility customers, and revenues ~vill be used for the benefit of those customers. The rate schedule for sanitary sewer services will be based on public utility cost-of-sermce principles. The City shall require that costs for the extension of service to new customers will be borne to the maximum extent possible by these new customers through a Capital Facilities Charge system. The City shall establish a reserve fund for routine system renewal and replacement to be maintained at a level equal to 120% of the previous year's expenditures for these purposes, or at the ['~veI required by bond covenants, whichever is greater. Prevention of Urban Sprawl. The City will prevent urban sprawl by requiring orderly, compact development of the sanitary sewer service area. Policy 3A.5.I Policy 3A.5.2 Policy 3A.5.3 Objective 3A.6 Policy 3A.6.1 The City will encourage [nfili development and redevelopment only in areas presently served adequately by sav2tary sewer facilities. The City will extend sanitary se;ver facilities through the service area in a systematic fashion. Services will be extended outside the City municipal limits up to two miles, as needed, in order to provide ur-ban services witbfn the City's £ranchise area. The City Mi1 discourage urban sprawl by requiring all approved new development ro pay the full cost of extending sanitary sewer facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. The program to eliminate existing deficiencies according ro the schedule presented in the Capital Improvements Element shall be maintained. The City shall establish priorities for replacement, correcting existing deficiencies, and providing for future needs to be made according to need. The need shalI be determined by the Utilities Department through a master plarafing process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first. Issues related ro public health shall receive first priority, issues related to providing the adopted IeveI of service shall receive second priority, and all other issues shall be implemented as needed to keep the system operationally efficient. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-3 Date: June 20. 200( Utilities Element Ordinance No. 00-29 Stormwater Management Sub-Element Goal 3B The City of Boymon Beach Mil secure, maintain, and finance adequate stormwater drainage facilities to provide protection from fiooding, to prevent degradation of the quality of receiving waters, and ro meet the requirements of designated land uses. Objective 3B.I Adequate Facilities. The City of Boynron Beach will continue to require and enforce standards of the South Florida Water Management District and the Lake Worth Drainage District such that sufficient stormwater drainage facilities to address existing deficiencies, minimize damage to public and private property, protect surface and groundwater quality and quantity, and meet future needs are constructed and maintained in the City limits. Policy 3B.l.I The City shall enforce the adopted Level of Service Standard for drainage facilities requiring designs for a 3-year storm for the duration of the time of concentration of the watershed. Policy 3B.1.2 The City shall construct new stormwarer drainage facilities to eliminate deficiencies in the existing system if they become necessary. Facilities and projects needed will be specified in the drainage master plan. Policy 3B.i .3 The City shall continue to enforce the land development regulations requn:ing the provision of adequate stormwater drainage facilities in ali land use and zoning decisions. Ali new development must meet South Florida Water Managemem District and Lake Worth Drainage District, or City of Boynton Beach requirements for drainage facilities, whichever is more stringent. First fioor flooding will be minimized by requiring that first fioor elevations be set at, or above, the level of the 100 Year Flood Elevation. Policy 3B. 1.4 The City shall continue to maintain a drainage master plan to identify and priorkize needs for expansion, replacement, and improvement ro the srormwater drainage system in the City. A copy of the drainage master plan wili be forwarded to the Lake Worth Drainage District, the South Florida Water Managemem District, and the Palm Beach County Deparrmem of Engineering and Publiq Works to coordinate inter-jurisdictional stormwater plarming and management issues. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- IER 3-4 Date: June 20. 2000 Utilities Element Ordinance No. 00-29 Policy 3B.1 .S Policy 3B.1.6 Policy 3B. 1.7 Policy 3B.1.8 Policy 3B.1.9 Policy 3B.l.10 Policy 3B.l.ll Objective 3B.2 Policy 3B.2.1 Policy 3B.2.2 Policy 3B.2.3 The City shall consider that drainage problems that cause street flooding, first floor structure flooding, or traffic hazards will be priority projects and will be corrected as soon as funds become available. The City shall nor consider nuisance flooding as a priority drainage problem. Phe City shall continue to provide a regular program of street cleaning. The City shall continue to clean miscellaneous facilities such as open ditches on an as needed basis. Drairmge facilities owned by the South Florida Water Management District, Lake Worth Drainage District. Florida Deparrmem of Transportation, or Palm Beach County that are in the City shali continue ro be maintained by the entity that owns them. The City wilI inform and cooperate with these entities as they repair or maintain their structures in the City. Needs related to these facilities will be determined in the drainage master plan. The City shall consider priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the City through a drainage master planning process. The priorities shall be reflected in the Capital Improvmems Element such that the improvements of highest priority shall be implemented first, in order to provide for public health and safety, the adopted level of service, and operational efficiency. The City shall continu~to implement the strategies of the drainage master plan. Protect Receiving Waters. The City of Boynton Beach will protect the quality and quantity of surface water and groundwater from direct discharges of stormwater runoff. The City shall continue to meet land development regulations requiring water quality criteria for drainage discharge set by the South Florida Water Management District and Lake Worth Drainage District. The City shall cominue ro monitor its drainage charge system fees ro ensnre that new approved development will pay its fair share of existing or planned capital facilities in accordance with the Drainage Master Plan. The City shall continue to enforce the land development regulations requiring that rainwater runoff be mimmized by maximizing infiltratian by City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER 3-5 Date: June 20. 2000 Utilities Element Ordinance No~ 00-29 Policy 3B.2.4 Policy 3B.2.5 Policy 3B.2.6 Policy 3B.2.7 Policy 3B.2.8 Policy 3B.2.9 Policy 3B.2.10 Objective 3B.3 Policy 3B.3. t percolation into grassy swales, medians, golf courses, landscape areas, nurseries, parks, lawns, er cetera. The use of soaking pits beneath imper¢ious surfaces such as paved parking lots will be minimized. At least the first flush will be required to pass through a grassy area if possible. The City shall continue to enforce the land development regulations requiring exfiltration drains be used to alleviate small drainage problems in currently developed areas whenever possible. The City shall continue ro enforce the land development regulations reqmring that ail new deveiopmem plans must have approval or letter of exemption from the South Florida Water Management District and Lake Worth Drainage District. The City shall continue m enforce the land developmem regulations reqmring that all new development will have approved detailed construction plans that include drainage facilities and identify ail nearby areas of groundwater recharge. The City shall continue ro enforce the land development regulations requiring that redesigned and proposed inlets, catchbasins, and drainage control snmcrures shall include sediment settling basins that can be cleaned of deposits by typical means with disposal at appropriate sites. The City shall continue ro enforce the land development regulations requiring that retention and/or detention in new developments will conform ro the water quality requn:emems of Chapter 62-25, Florida Administrative Code. The City shall continue m enforce the land development regulations requiring that the stormwater storage and recharge potential of properties shall be retained and enhanced, where possible,. The City shall continue ro enforce the land development regulations requiring that post developmem runoff volumes shall nor exceed pre-development runoff volumes. Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing drainage facilities. The City shall continue ro enforce the land development regulations malntalmng a drainage charge system so that new development will pay for its fair share of existing or planned capital facilities in accordance with the Drai-nage Master Plan. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-IER 3-6 Date: June 20, 2000 Utilities Element Ordinance N~. 00-29 Objective 3B.4 Land Development Code. By 2002, the stormwater drainage regulations contained in the City's land development code shall provide for protection of the City's natural drainage features, which are the Atlantic ocean, the Intracoastal Waterway, and Lake Worth; and shall ensure that future development utilizes stormwater management systems compatible with the City's drainage sub-element. Policy 3B.4.1 The City shaii continue ro enforce the land development regulations requirLng that new developments manage runoff from a three day 25 year s~orm. Potable Water Sub-Element Goal 3C The City shali secure and maintain adequate potable water rrearmem and distribution facilities, take steps to minimize increases in demands, and maintain sufficient and equitable financing measures to provide services potable water system customers. Objective 3C. 1 Adequate Water Supply and Treatment. The City of Boynron Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum' daily flow. Policy 3C.1.1 The City shall continue to maintain the Level of Service standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment. Policy 3C. 1.2 The City shall continue to maintain the raw water supply production capacity to meet maximum day demands with the largest operating xvei1 out of service. Policy 3 C. 1.3 The City shall acquire water rreatmem facilities that produce potable water of sufficient quality to meet ail applicable Federal and State regulatory requirements. Policy 3 C. t .4 The City shalt ensure that the capacity of tI~e treatment facilities will be sufficient to provide the standard level of service ro the estimated peak population with the system's largest unit process out of service. (A unit process is a technical term for a functional set of equrpment in the plant.) city of Boynron Beach EAR-based Comprehensive Plan Amendments 00- ! ER 3-7 Date: June 20. 2000 Utilities Element Ordinance No. 00-29 Policy 3C.1.5 Policy 3C~ 1.6 Policy 3C.1 .? Policy 3 C. 1.8 Policy 3C. 1.9 Policy 3C. 1.I0 Objective 3C.2 Policy 3C.2.1 Policy 3C.2.2 Policy 3C.2.3 Policy 3C.2.4 Policy 3C.2.5 The City shall require that new water treatment facilities will be sized to meet buildour potable water demands, estimated to be 32 mgd, mmximum day flow. The City shall require that all new and existing structures cormecr to public, regional, or municipal water and wastewater systems when such systems become available. The City shall permit new development with individual private wells only [n areas not served by public water on lots of more than one acre. The City shall require that ail City owned water supply wells in the Boynron Beach service area shall be metered. The City shall permit no activity, that would result in the degradation or over-utilization of potable water resources The City shall continue ro protect presem and future potable water wellfleld locations identified in the Potable Water Sub-Element to assure that water resources are not negatively impacted by development, excessive draw dorm, or saltwater contamination through implementation of the Palm Beach County Wellfleld Protection Ordinance. Adequate and Efficient Distribution Facilities. The, City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's water master plan. The City will implement the capital improvements described in the water master plan. The City shall continue to develop an armuaI maintenance program which will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvemems considered necessary to maintain the system in good working condition will be made on a timely basis. The City shall ensure that new distribution facilities will be sized to meet buildout conditions, including redevelopment. The City shall connnue to update and imp!emem the master plan for facility expansion as needed based upon development and projected growth. By 2005, the City shall replace sub-standard water lines in the area east of Interstate 95 and south of the Boynton Canal. City of Boynron Beach EAR-based Comprehensive Plan Amendments 00- l ER 3~8 Date: June 20, 2000 Utilities Element Ordinance NQ. 00-29 Objective 3C.3 Policy 3 C.3. I Policy 3C.3.2 Policy 3C.3.3 Policy 3C.3.4 Policy 3C.3.5 Policy 3C.3.6 Policy 3C.3.7 Objective 3C.4 Policy 3C.4.1 Water Conservation. The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, education and reuse. The City shall continue to annually advise water users in Boynron Beach, during the dry season, to reduce potable ~vater usage for landscape irrigation, and to properly time irrigation activities. The City ~halI continue to utilize a water system rate schedule to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. The City shall continue to enforce the Water Shortage Ordinance when necessary. The City shall continue ro encourage uses of non-potable water, including groundwater and treated wasrewater effluent, for landscape irrigarion where possible. (See Policy 3A.3.3). The City shall continue to encourage xeriscaping and native vegetation for landscaping, and where possible, will impose minimttm requirements on new developments. The City shall continue to encourage the use of water saving devices, irrigation systems, and plumbing fixtures in the City's service area. The City shall continue water use allocation for emergency drought to avoid irreversible impact on ecological systems and minimize long renn adverse impacts on ail sectors in accordance with the South Florida Water Management District emergency drought plan. Equitable Financing of System Improvements and Operations. The City of Boynton Beach will fund potable water system capital improvemenrs, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system cusromers on the basis of the cost-of-service. The City shall continue to operate the porable water system as an enterprise, such that all costs will be borne by water ntility customers, and revenues will be used for the benefit of those customers. The rate schedule for water services Mil be based on public utility cost-of-service principles. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I EK 3-9 Date: June 20. 2000 Utilities Element Ordinance No. 00-29 Policy 3C.4.2 Policy' 3C.4.3 Policy 3C.4.4 Objective 3C.5 Policy 3C.5.1 Policy 3C.5.2 Policy 3C.5.3 Objective 3C.6 Policy 3C.6.1 The City shall continue to require that costs for the extension of service to new customers will be borne to the maximum extent possibIe by those new customers through a connection charge system. The City shall continue to maintain a reserve fund for routine system renewal and replacement ar a level equal to 120 pement of the previous year's expenditures for these purposes, or at the level required by bond covenants, whichever is greater. Renewal, replacement, and improvemem account requrremem shal2 mean an amount equal to six pemenr of the revenue for the proceeding, fiscal year or such greater or lesser amounts, as may be annually recommended by the consulting engineer. The City shall continue to require that new developmems install water lines according to City specifications in oraer ro receive development approval. The new lines will in most cases be deeded to the City. Prevention of Urban Sprawl. The City will continue To prevent urban sprawl by requiring orderly, compact development of the potable water service area as it approaches buildout. The City shall continue to encourage infill development and redevelopment only in areas presently served adequately by potable water facilities. The City st~all only extend potable water facilities through the service area in a systematic fashion. Services .will not be extended more than two milesto ensure service withfn the franchise area. The City shall continue to discourage urban sprawl by requiring new development ro pay the full cost of extending potable water facilkies. Thus, the development of remote parrs of the service area will be more expensive than compact development. The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements EIement. The City shall continue to make prior/ties for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be dererrnined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first, in order to provide the standard leveI of service. City of'Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-10 Date: June 20. 2000 Utilities Element Ordinance No. 00-29 Natural Groundwater Aquifer Recharge Sub-Element Goal 3.D The City of Boynron Beach will protect, and maintain the functions of natural groundwater aquifer recharge areas. Objective 3D.1 Protect and Maintain Recharge Areas, The City of Boynton Beach shall continue to protect and maintain prime natural groundwater aquifer recharge areas within the City. Policy 3D.I.1 The City shall continue to cooperate with Palm Beach Coumy ro enforce the Well Field Protection Ordinance. Policy 3D. 1.2 The City shall continue ro designate areas having the greatest recharge potential. Such areas that are undeveloped shall be designated for iow impact developmem or as conservation areas in the City's future land use plan. Policy 3D. 1.3 Boynron Beach shall continue ro cooperate with other appropriate local governments ro protect areas with the greatest recharge potentials that extend beyond the City limits. Policy 3D. 1.4 The City will continue to require enviroranental review of hazardous waste generators prior ro issuance of occupational licenses; and wiI1 extend this process to the license renewal process. Policy 3D. 1.5 The City shall ensure, where possiblg, that water management plans for emergency flood situations shall avoid irreversible impact on ecological systems and minimize long term adverse impacts on all sectors. Policy 3D. 1.6 The City shall mimmize, where possible, the negative impacts of existing land use activities on surface water and groundwater quality and quantity, to the maximum extent possible through enforcement of retrofitting ~vhich would incorporate appropriate water quality management techniques. Solid Waste Sub-Element Goal 3E The City of Boymon Beach will provide, at the local level, and support, ar the County level, an efficient and envirora-nentally sound Solid Waste Management system. Objective 3E.1 At a minimum, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the Cid-. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- i ER 3-II Date: June 20.2000 Utilities Element Ordinance NQ, 00-29 Policy 3B.1A Objective 3E.2 Policy 3E.2.1 Objective 3E.3 Policy 3E.3.1 Policy 3E.3.2 Policy 3E.3.3 Policy 3E.3.4 Policy 3E.3.5 Policy 3E.3.6 Policy 3~E.3.7 The City shall continue to maintain the adopted level of service standard for solid waste of 7.2 pounds per capita per day. The City shall continue ro provide a solid waste collection and delivery system that is consistent with policy of the Solid Waste Authority. The City shall continue to provide a solid waste collection system that is characteristic of the following: o At least bi-weekly residential collection of garbage, Provision of a scheduled program of bulky trash collection, o At least weekly collection of commercial waste, · Utilization oftarps for completely covering trash loads, · Collection and disposal of vegetative debris consistent xvith the Palm Beach County Solid Waste Management Plan. In order to maintain the adopted level of service standard, and in support of the recycling goals of the Solid Waste Authority: the City shall ~ontinue to reduce the solid waste stream' of the City by exceeding the 30% recycling goal. The City shall continue to assist the efforts of the Solid Waste Authority m implementing mandatory recycling programs throughout the City, if found feasible. The City shall continue ro stress participation in recycling pro,ams within City buildings for City employees. The City shall by the year 2002, evaluate the current method of recording and/or monitoring the magnitude of local recycle efforts and initiate improvements, if appropriate. By the year 2002, the City shall develop a method by which illegal dump sites will be prioritized for clean up efforts Reserved. Reserved Reserved. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-I2 Date: June 20. 2000 Utilities Element Ordinance No. 00-29 Policy 3E.3.g Policy 3E.3.9 Policy 3E,3.10 Policy 3E.3.11 Objective 3E.4 Policy 3E.4.1 Objective 3E.5 Policy 3E.5.1 Policy 3E.5.2 Policy 3E.5.3 Objective 3E.6 Policy 3E.6.1 Objective 3E.7 Reserved. Reserved. Reserved. Reserved. The City shall continue to support the State and County-wide efforts to improve and initiate public education and involvement programs that relate to litter clean-up, householil and small business hazardous The City shall continue to support, and where possible participate in, such State and County-wide programs as Amnesty Day, S.T.O.P,, "Cash For Cans", and Trash-a-thom The City shall, ar a minimum, promote these events and programs. In order to improve the appearance of the community, as well as To support Solid Waste Authority policy and recommendations, the City shall address the problem of illegal dumping and littering. The City shall increase the number of abatements of illegally dumped waste on vacant lots after sufficient notice has been given to owner. The cost of this service, including tipping fee charged at the transfer station, will continue to be charged to the property owner. The City shall develop and implement with the assistance of Solid Wasze Authority an aanual City-wide litter clean-up program by2002. The City' shall continue ro participate with the Solid Waste Authority using the report it submits regarding waste stream improvements and illegal dumpsites. Reserved. Reserved. Prevention of Urban Sprawl. The City shall continue to discourage urban sprawl and continue as a compact urban area by not providing services beyond 1/2 mile of the existing urbanized areas. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER 3-13 Date: June 20. 2000 Utilities Element Ordinance Na. 00-29 Policy 3E.7. I Policy 3E.7.2 The City shall continue to require that ne~v approved development xvill pay for its fair share of existing or planned capital facilities through a Solid Waste Disposal charge system. The City shall continne to provide set,rices in such a way as ro maintain the City's compact urban area. City of Boyn~on Beach EAR-based Comprehensive PIan Amendments 00- iER. 3-I4 Dare: June 20. 2000 Utilities Element Ordinance Nq. 00-29 City of Boynton Beach Conservation Element Goals, Objectives and Policies Goal 4: Objective 4.1: Policy 4.1.t: Policy 4. t.2: Policy 4.1.3: Objective 4.2: Policy 4.2.1: Policy 4.2.2: Policy 4.2.3: Policy 4.2.4: Policy 4.2.5: Policy 4.2.6: The development and maintenance of a high quality natural envirommenr based on the preservation, improvement and wise exploitation of local existing natural resources. Through the two planning horizons, meet or exceed minimum air quality standards for recoffnized air pollutants. The City shall continue to support the air quality monitoring and pollution control programs of the Palm Beach County Public Health Unit, Division of Environmental Science and Engineering Air Pollution Control. The City shall continue to support areawide air quality improvement activities, including mandatory vehicle inspections for emission control. The City shall continue, with the cooperation of the State, County and regional regulatory authorities ro require pollution control devices on all major point sources of air pollution which are located within the City. Through the long term planning horizon, the City shall maintain ground water quality equal to or better than existing levels for recognized pollutants and conserve, appropriately use and protect the quality and quantity of waters that flow into the Intracoastal Waterway. The City shall continue to participate in alt areawide wellfield protection and regulatory activities of Palm Beach County. The City shall develop a procedure to standardize the review of ali local users of potential water contaminants by the appropriate County or State regulatory agencies. The City shall continue to require sanitary sewer waste disposal as a condition o£project and permit approval and water service. The City shall continue to require sanitary sewer wastewater collection as a condition for the provision of potable water customer service. The City shall continue to review and, where necessary, require environmental reviexv and approval of occupational licenses for those businesses categorized as users of potential groundwater contaminants. The City shall continue to enforce land development regulations to be consistent with the requirements of the Treasure Coast Regional Planning City of Boynton Beach 4- Dare: June 20, 2000 EAR-based Comprehensive Plan Conservation .Element Amendments Objective 4.3: Policy 4.3.1: Policy 4.3.2: Policy 4.3.3: Policy 4.3.4: Policy 4.3.5: Policy 4.3.6: Policy 4.3.7 Policy 4.3.8 Policy 4.3.9 Council relative to the management of hazardous wastes to protect natural resources by submitting each project for evaluation by the Envirorgnental Review Committee prior to permitting. Through the long term planning horizon, the City shall maintain a local surface quality equal to or better than existing levels for recognized pollutants and conserve, appropriately use and protect the quality and quantity of waters that flow into the Intracoastal Watenvay. The City shall connnue to enforce and, ~vhere appropriate, improve subdivision regulations ro require ail new development or substantial redevelopment ro provide on-site retention or detention of at least the first inch of rainfall. The City shall continue to lobby the Florida Department of Transportation to replace existing direct discharge outfalls with drainage retention ponds. The City shall continue to support the water quality regulatory programs of the State of Florida, Palm Beach County and the South Florida Water Management District. The City shall continue m promote and participate in periodic areaxvide waterway clean-up programs. The City shall continue to investigate the financial feasibility and potential funding sources for implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sediments through prop dredging and to improve tidal flushing. The City shall commue to evaluate the street sweeping program every two years for needed ~mprevements to efficiency, quality and capital improvements to be based upon technology and economic feasibility. The City shall continue ro stay apprised of continued advances in street sweeping technology with regard to feasible and effective mechanisms to remove roadway contaminants; in the event that the technology emerges, the City shall consider the individual or shared purchase of the machinery. The City shall support widening of the Boynton Inlet with the intent to increase flushing and minimize the accumulation of sediments and pollutants. The City shall continue to enforce subdivision regftlations which require the charmelization of srormwarer runoff through vegetation prior ro entering a receiving water body. The City shall continue ro enforce land development regulations ro protect and conserve the natnral functions of existing soils, fisheries, floodplains, City of Boynton Beach 4-2 Date: June 20, 2000 EAR-based Comprehensive Plan Conservation Elemenr Amendments Objective 4.4: Policy 4.4.1: Policy 4.4.2: Policy 4.4.3: Policy 4.4.4: Policy 4.4.5: Objective 4.5: Policy 4.5. I: wildlife habitats, natural reservations, canals, lakes, rivers, wetlands, estuaries, harbors, freshwater beaches and shores and marine habitats. To provide for the continued existence of at least 75% of the acreage occupied by "A' rated ecosystems sites through the long term plan horizon. The City shall continue ro recognize ail natural resource areas depicted in Figure 4 as environmentally sensitive sites. The City shall also adopt the "Conservation Overlay" of "A" rated ecosystems si~es as part of the Future Land Use Map of the Comprehensive Plan. The City shall continue to provide the County with updates to the City's inventory of sensitive ecosystems and formally request assistance and financial support from State and Cotmty agencies ro preserve '~A" rated ecosystems sites in the City. The City shall continue to, as routine procedure, also notify the County of development proposals formally initiated on "A" rated sites. The City shall, cognizant of prior development approvals or other vested rights, continue to require a detailed flora and fauna survey on any rated site subject to a development proposal and any site greater than I0 acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on an "A" rated ecosystems site the specific location to be determined as a result of the si. re survey. Habitat shall be pre'served with intact canopy, understory and ground cover. The City shall continue co enforce land development regulations ro prohibit land clearing practices that destroy native Florida ecosystems in whole or in parr prior to permitting by the City. The City shall continue to enfome policies regarding the preserv'ation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. The City shall, to the maximum extent feasible, protect all remaining areas of substantial native upland and wetland vegetation and eliminate undesirable exotic tree species. The City shall, cognizant of prior developmenr approvals or other vested rights: require a detailed flora and fauna survey on any "'B or C" rated site subject to a deveiopmem proposal which is greater than I0 acres. Based on. survey results, micropreserves may be required oriented to preservation of a minimum 25% of ail native plant communities ~vhich occur on-site. Habitat shall be preserved x~dth intact canopy, understory and ground cover. City of Boynton Beach 4-3 Date: June 20. 2000 EAR-based Comprehensive PIan Conservation Element Amendments Po[icy 4.5.2: Policy 4.5.3: Policy 4.5.4: Policy 4.5.5: Objective 4.6: Policy 4.6.1: Policy 4.6.2: Policy 4.6.3 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over '~cut and replace" preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due ro site layout needs with re[ [acement equal ro or greater in size and quality ro that removed. The City shall continue to enforce and, where approprmre, improve upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or location of s~te clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. The City shall continue, while discouraging clear-cutting prior ro developmenr, to enforce regulations that require removal of exotic tree species on sires being developed, particularly those sites containing sensitive ecosystems rated "A", "B", or "C" The City shall continue ro enforce the land development regulations that require native vegemnon species to satisfy ar least 50% of all site landscaping requirements as a condition of developmem or permit approval. The City shall continue to the maximum extent feasible, to preserve, conserve~ 'appropriately use and protect fisheries, and wildlife and marine habitats which serve as habitat for endangered and threatened plant and animal species. The City shall continue to enforce the land development regulations reqmring a site survey for natural areas identified in Figure 4 which are greater than 10 acres. In the event that a site survey indicates the existence of a represemarive plant or animal species designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Plants and Animals lists, the developer shall prepare a plan in consultation with the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife servme for protecting the resident population. Preservation should be provided to the satisfaction of the City in consultation with the Federal and State agencies. The City shall support and monitor the progress of the Lake Worth Lagoon Estuary Study, and implement the modification of plan policies in accordance with relevant study ~ndings related ro manatee protection. The City shall require continued consistency of ail policies and City actions ~vith the Lake Worth Lagoon Estuary Study and require policies which may further the Lagoon's study. City of Boynron Beach a.a Date: June 20, 2000 EAR-based Comprehensive Plan Conservarion~lement Amendments Objective 4.7: Policy 4.7.1: Policy 4.7.2: Policy 4.7.3: Policy 4.7,4: Policy 4.7.5 Policy 4.7.{5: Objective 4.8: Poli% 4.8. I: Policy 4,8.2: Policy 4.8.3: Policy 4.8.4: The City shall continue to consider a variety of options to implement potable xvater conservation such as rate structure, aquifer storage and recovery, education and reuse to reduce per capita water consumption rates by at least 10% through the next planning period. The City shall continue to promote water conservation strategies through the use of educational brochures and presentations ro students and interested citizens groups. The City shall continue its current program for participation in the Water Resource Conservation Subcommittee of the Palm Beach County Water Management Advisory Board. The City shall continue to examine the feasibility of implementing at least one xeriscape demonstration project. The City shall coordinate with the South Florida Water Management District to obtain xeriscape information for public distribution for use m the site plan review process and incorporate the information in the land development regulations. The City shall continue to require that ar least 50% of ali required site vegetation be taken from the desired vegetation species listings as a condition of developmem or penmt approval. The City 'shall continue to implement emergency water conservation measures in accordance with the requirements of the South Florida Water Management District. The City shall continue [o minimize the potential damage from flooding and the toss of local soil resources. The City shall continue to enforce minimum finished floor flood elevation criteria as identified by the Federal Flood Insurance Administration. The City shall continue to enforce local drainage system reqairements and flood control policies as specified in the Drainage Sub-Element of the Comprehensive Plan. The City shall support the timely maintenance of regional drainage system features including structure repairs and repiacement and maintenance of dredging of drainage canals by the responsible govermng agency. The City shall continue to enforce land development regulations such that during site clearing and development preparation stages, erosion conrroI fencing, soil moisturizing, seeding, mulching and/or other best management techniques must be performed by the developer ro control soil erosion. City of Boynron Beach 4-5 Date: June 20. 2000 EAR-based Comprehensive Plan Conservation ~Iement Amendments City Of Boynton Beach Recreation & Open Space Element Goals, Objectives and Policies Goat 5 Objective 5.1 Policy 5. t. 1 Policy 5.1.2 Policy 5.1.3 Policy 5. i .4 Policy 5.1.5 Policy 5.1.6 Objective 5.2 Policy 5.2.1 Provide adequate open space and recreational facilities and prd~ams to meet the needs of present and future residents, including seasonal viskors, and special groups such as the elderly and handicapped. The City shall improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2002. The City shall continue to provide adequate automobile parking amd bike rack facitkies within ail parks developed after the adoption of this Plan. By the Year 2002, the City shall provide parking and bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as parr of the on-going maintenance effort and deficiencies corrected within i8 months. Private sponsorship of bike racks will be explored if City funding is inadequate. By 2002, the City shall examine the extent of barrier-free access within neighborhood and district parks, and deficiencies will be addressed in a Plan that sets the phasing and funding. The City shall adopt the land developmem regulations to require that ail future parks, and applicable facilities, include barrier-free design for the handicapped to be retrofitted, if funds are available, ar a rare of three parks per year. The City- shall provide, contingem upon County asmsrance or support, the Palm Tran shuttle service for patrons of beach front parks by 2002. By 2002, the City will provide additional access ro the Intracoastal 5Vaterway The City shall ensure additional public access to recreanon sites by providing parks and recreation facilities using, in parr, current population data and projections, summary/recommendations "D", proposed park development schedule. The City shall adopt the Level of Service standard for District Parks of 2.5 acres per [,000 persons (see Table 3 of the EAR). The City shall consider the Level of Service advisory standards for recreation facilities-set forth in Table 7 City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 5~ Date: June 20~ 2000 Recreation and Open Space Element Ordinance No. 00-29 Policy 5.2.2 Policy 5.2.3 Policy 5.2.4 Policy 5.2.5 Policy 5.2.6 and Neighborhood Parks as indicated in Table 2. The level of service set forth in Table 7 shall be evaluated pursuant ro the data and analysis which is required for the Capital Improvements Element, pursuam to the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. The following are advisory level of service standards for recreation facilities, as indicated in Table ? shown below. * Baseball/Soft., Youth- 1 per 15,000 persons, Baseball, Reg. - I per 25,000 persons, * Basketball Courts - 1 per 3,000 persons, Beach Frontage- 15 feet per 1,000 persons, * Boat Ramps - I per 5,000 persons, * Community Centers - I per 25,000 persons, Fitness Trails - 10 stations per 10,000 persons. * Football/Soccer Fields - 1 per 40,000 persons, Golf- 1 per 30,000 persons, Ha~dball/Racq. Courts - 1 per 10,000 persons, * Picnic Areas - I per 6.000 persons, Playgrounds - 1 per 4,000 persons, * Practice Fields - 1 per 10,000 persons, * Combination Fields - 1 per 10,000 persons, Shuffleboard Courts - 1 per 2,500 persons, * Swimming Pools - i per 40,000 persons, and * Tennis Courts - 1 per 2,000 persons. For areas to be annexed, which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at time of annexation shai] be assumed to be that created by existing neigl~borhood park facilities serving the area. The City shall consider the development of t:acilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 District Park Needs Analysis, which shall be updated biennially. The City shall increase access to parks and recreation facilities by providing lighting, or plan for the provision of lighting through project phasing, for all future active-recreation facilities. The lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. The City shall make cominuous regular inspections of City parks, equipmem and facilities, and shall initiate prompt repairs to any deficiencies noted. The City shall cooperam on annual inspections of parks, equipmem, and facilities in adjacent communities. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- [ ER 5-2 Date: June 20, 2000 Recreation and Open Space Element Ordinance No. 00-29 Objective 5.3 Policy 5.3.1 Policy 5.3.2 Policy 5.3.3 Policy 5.3.4 Policy 5.3.5 Policy 5.3.6 The City shall increase the provision of recreation facilities and open space by public agencies and private enterprise, and specifically require that future private, as well as dedicated areas, are developed and equipped ro be at minimum (e.g. size, facilities, access) equivalent of a public neighborhood park. The City shall continue to enforce the Subdivimon and Platting Regulations that require that all residential developments that exceed I00 dwelling units provide a private recreation area, unless however, public parks are located within one-half mile from the project, which satisfies the 2.5 acre per 1000 residents level of service standard. The City shall continue to enforce specific criteria within the Subdivision and PIatting Regulations that guide the development and facilitation of private park areas and/or private recreation facilities that are used to satisfy the requirements for receiving credit toward the public park dedication requirement. The criteria shall require that the needs of residents are met in accordance with standards contained in this element. A study shall be conducted to determine the impact of this criteria, especially regarding the zype and size of amenities that can receive partial impact fee credit. The City shall continue to require that ali residents of a Plarmed Unit Development 'project have access To at least a portion of the private recreation areas provided, unless similar public facilities ~re located within a one-half mile walking distance Such a requtremen~ wiI1 allow a 50% credit against the park impact fee. The City shall continue to reqmre the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand Sea Mobile Homes. If the need for public park acreage is not indicated at the above mentioned time, a fee shalI substitute the dedication ofland. The City shall continue To enforce the land development regulations requiring that the dedication of lakefront park sites m residential developments. Such recreation areas adjacent to water should be considered as minimum criteria for receipt of a 50% credit. By 2002, the City shall complete a park and open space acquisition plan for the acquisition of potentiaI skes within those areas of grea~es~ need as determined by data updates. The plan shall include identified property owners, appropnam methods of acqmring the selected sites, [and and developmem costs related to neighborhood improvement recommendations .from the Vision City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 5-3 . Date: Jane 20. 2000 Recreation and Open Space EIement Ordinance bhg. 00-29 Policy 5.3.7 Policy 5.3.8 20/20 Plan and Study, and altematives to fee simple acquisirmn (lease option, special agreements, ere.). The City shall utilize, where possible, Community Development Funds and trax increment financing for park acquisition and development. The City shall provide public access m two native habitat sites for the purposes of providing nature study areas, one by the Year 2002, consistent with the development schedule for Seacrest Scrub. City of Bo~vnton Beach EAR-based Comprehensive Plan Amendments 00- ! ER 5-4 Date: June 20, 2000 Recreation and Open Space Element Ordinance No, 00-29 Goal 6 Objective 6.1 Policy 6.1.1 Policy 6.1.2 Policy 6.1.3 Policy 6.1.4 Objective 6.2 Policy 6.2.1 Policy 6.2.2 Policy 6.2.3 City of Boynton Beach Housing Element Goals, Objectives and Policies The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Assist the private sector to provide new dwelling units of various types: sizes, and costs by the year 2015, in order to meet the housing needs of the existing and anticipated populations of the City. The City shall provide information, technical assistance, and explore possible incentives with the private sector to maintain a housing production capacity sufficient to rneez the community needs. Possible incentives could include assistance in land assembly, below-market rare financing, allowances to build on nonconforming lots, and density increases. The City shall encourage partnerships between the local government, the private sector, and the nonprofit sector to improve the efficiency and expand tee capacity of the housing delivery system. Reserved. ' The City shall continue to pursue the use of innovative financing including tax-exempt bonds, Housing Consortium Lending Program and local dedicated sources of revenue (an ongoing source of monies which are asmgned to use for housing), and the creation of a Housing Trust Fund to address the housing needs of iow and moderate-income persons. By the year 2002, most substandard housing shall be eliminated. The City shall continue ro increase code enforcement activities, through regular inspections of the housing stock La neighborhoods where code violations are more prevalent, and instkute special concentrated code enforcement activities where warranted. The City shall continue ro explore federal and state funding, and local public funds, as funds become available, for the demolition or rehabilitation of substandard housing. The City shall adopt procedures to minimize [nvoluntary relocation by only removing traits that pose an immediate danger to occupants, those that are abandoned, or those costly to rehabilitate. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER Date: June 20. 2000 Housing .Element Ordinance No. 00-29 Policy 6.2.4 The City shall provide assistance through the Consolidated Plan (CHAS) to neighborhood projects to upgrade their conditions through code enforcement assistance, removing blighting influences, and concentrating capital and/or operating budget improvements in such neighborhoods with particular attention given ro owner-occupied dwelling units. Policy 6.2.5 The City shall continue ro implement the Neighborhood Strategy Area Plan through code enforcement efforts for all Neighborhood Strategy Areas within the City. Policy 6.2.6 The City will, as a demonstration project, examine the use of mixed-use (i.e., commercial and residential~ and other innovative land use techniques which will address dilapidated housing, vacant, and substandard lots that ultimately will result in the removal of substandard housing units in the Neighborhood Strate~ Area. Objective 6.3 By the year 2002, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for the homeless, very-low, Iow and moderate- income persons ro meet their housing needs. Policy 6.3. i The City will pursue, through GAP financing, the use of vacant lots in the Code Enforcement Areas and Neighborhood Strategic Areas as sires for affordable'infill housing. Policy 6.3.2 The City stmI1 establish and implement procedures to pursue federal and state and other sources o'f funding earmarked for very4ow, low-, and moderate-income housing. These include: Community Development Block Grant; Rental Rehabilitation; Housing Spruce Up/Fix Up; Neighborhood Improvement Programs State Housing Initiative Program; Public Housing Modernization; Section 8 Existing Housing; GAP financing; Weatherization Funds; and Emergency Roof Repairs. Policy 6.3.3 The City shall establish and implement procedures to pursue the use of sram housing monies available for community-based corporations, by the identification or creation of' a communky-based corporations xvhich can work with the City on housing efforts. State monies include: City of Boynton Beach EAR-based Comprehensive Plan Araandments 00-1 ER 6-2 Date: June 20.2000 Housing E~iement Ordinance No, 00-29 Policy 6.3.4 Predevelopment Loans for community-based corporations; Purchase Assistance Loan Programs Community Contribution; Rehabilitative Deferred Loans; and Tax Incentive Program. The City shall implement the Local Housing Assistance Plan throu~a State's Housing Incentive Partnership funding which will provide incentives to the private sector in the construction of affordable dwelling units. Policy 63.5 By the year 2002, the City shall identify a source(s) and contribute local funds for housing (a dedicated source of revenue), Such sources could include: · Oeneral fund monies Documentary surtax · Tax-exempt bonds · Local private contributions from corporations · Community Development Block Grants (requires counCy agreemem) · Rental Rehabilitation Loan Repayment (requires county agreement) Policy 6.3.6 The City shall continue to use the Palm Beach Housing Finance Authority as a funding source ro assist very low, low, and moderate-income householdJ. Policy 6.3.7 The City shall continue ro modify and enforce regulations to require public-assisted housing to conform to the Future Land Use Plan. Policy 6.3.8 The City shall continue to establish and implement procedures to require that public-assisted housing not be located in a manner which creates an over-concentration of such uses in one particular area. Policy 6.3.9 The City shall establish and implement procedures to require that public~ assisted housing be located in close proximity m employmem cemers, schools, recreational facilities, health services, and transk stops to assure that the residents have complete access to needed services. Policy 6.3.10 Reserved. Policy 6.3.11 The City shalI establish and implement procedures to locate public-assiSted housing away from nuisances and hazards.. Pohcy 6.0. The City shall amend ~he zoning 0rdinan~e to allow construction on nonconforming lots iV{he'result wilI.be' th& pro~Jision 0f v~elI designed and Policy 6.3.13 Policy 6.3.I4 Objective 6.4 Policy 6.4. t Policy 6.4.2 Objective 6.5 Policy 6.5.1 Policy 6.5.2 Policy 6.5.3 Policy 6.5.4 The City shall establish a priority for very-Iow-income (i.e., persons earning less than 50% of the median household income), elderly and physically challenged persons in providing funding sources for affordable dwelling units. The City shall continue to support the use of Community Development Block Grant funds for rehabilitation efforts in situations where ir is appropriate. Subsequent to Plan adoption, allow for adequate sites for mobile homes in all areas of the City where single-family detached dwellings are permitted. The City shall allow mobile homes in ali areas of the City' where single-family detached dwellings are permitted, subject ro the zoning regulations and other code requirements that apply to other types of single-family detached dwellings. The City shall allow mobile homes and manufactured housing in residential iand use categories consistent with Florida statutes and local site approval criteria. The City shall allow sites for group homes and foster care facilities in residential land use categories to ensure adequate areas are available to meet the housing needs of individuals with special needs. The City shall prioritize infrastructure and public facilky improvements in the Neighborhood Strategy Areas as an ongoing effort to rehabilitate such neighborhoods. The City shall monitor housmg activities in the Neighborhood Strategy Areas and other neighborhoods to ensure adequate sites are available throughout the City for very-low to moderate income households. The City shall allow group homes in all residential zoning districts provided they are located at least 1,000 feet from homes with six or fewer residents. Group homes shall be required to obtain a license with the City in order to facilitate monitoring and ensure zoning compliance. The City should establish reasonable standards regarding the maximum number of persons allowed ~n gronp homes in each residential zoning district, and the minimum floor area per person, or maximum, number of persons per room. These standards shall be in accordance with Florida Statute 89.372. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER 6-4 Date: June 20.2000 Housing ~Elernent Ordinance No. 00-29 Policy 6.5.5 Policy 6.5.6 Policy 6.5.7 The City shall enforce the land development regulations to ensure safe and convenient on-site design of off-slreet parking for group homes with more than six persons. The City. shall establish and implement procedures to continue to allow foster homes for up to five children (both natural and foster) in any dwelling, provided that the foster home is supervised by an adult who is a resident in the dwelling. The City shall continue to allow adult foster homes in designated zoning districts. Objective 6.6 Policy 6.6.1 Policy 6.6.2 Policy 6,6.3 Objective 6.7 Policy 6.7.1 Policy 6.7.2 Policy 6.7.3 Objective 6.8 The City shall avoid housing programs which displace households. However, in the event displacement occurs, benefits consistent with applicable state and federal taws will be implemented through the following policies. The City shall assure that reasonably located, standard housing at affordable costs is available to persons displaced through public action, prior to their displacement. The City shall assist persons displaced by code enforcement activities, with temporary reIocation benefits and replacement housing, or down payment or rental assistance, depending upon eligibility. The City shall assure that the level of payments provided' are sufficient and meet Iocat and state requirements. The City shall continue to prese~we housing identified as being historically sig-nifieant. By 2002, the City shall establish procedures to pursue, w/th the Boymon Beach Historical Society, an educational program stressing the City's history and examples of historic housing, consistent with Polizies I. I 1.10 and 1.11.11 in the Future Land Use Element. By 2002. the City shall establish procedures to implement an advisory design commi~ee to provide advice and assistance ro ow-hers making improvements on units of local historical interest consistent with Policies 1.11.10 and I. 11.11 in the Future Land Use Elemem. The City shall update armualiy the official Historic Site Survey conducted in 1996. The City, through Code enforcement efforts, will continue to improve the quality of neighborhoods by conserving the exiting housing stock. City of Boynton Beach EAR*based Comprehensive Plan Amendments 00-1 ER 6~5 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.8.1 Policy 6.8.2 Policy 6.8.3 Policy 6.8.4 Policy 6.8.5 Policy 6.8.6 Policy 6.8.7 Policy 6.8.8 Policy 6.8.9 Policy 6.6. I 0 Objective 6.9 Policy 6.9.1 The City shall conduct a performance evaluation of existing regulations on the care and maintenance of residential properties, including yards and swales. Revisions to the Code shall be made as necessary. The City shall Cbntinue its efforts in the Community Development Block Grant Target Areas and implement program activities in a timely manner. Programs shall include, but not be limited to, those discussed in Objective 6.3 and its corresponding policies. Reserved. The City, through GAP financing, shall encourage individual home ownership. Furthermore, ro increase private reinvesrmenr in housing, technical assistance programs, and financial assistance and incentives shall be provided through workshops conducted by lending institutions and Community Development Corporations.. The City shall continue intensive and concentrated code enforcement efforts in the Code Enforcemem Areas and the Neighborhood Strategy Areas. Implementation of this Policy shall be consisrem with Policies 6.2.5 and 6.3.1 in this Element. The City shall establish procedures to schedule and concentrate public infrastructure, supporting facilities, and services to upgrade the quality of existing neighborhoods, as discussed in Chapter VI. Neighborhood Stabilization Efforts. The City shall explore outside funding sources to ensure the avaltabii/ty of social, educational, and recreational services to very iow, Iow and moderate income households. Furthermore, the City shall conduct an annual appraisal of funding sources and services to ensure cost effectiveness. The City shall give priority to the rehabilitation of housing structures ro retain the existing housing stock, as funds become available. The City shall encourage private financial support through the [everaging of resources to assist in the rehabilitation of housing. The City shall promote home ownership xvithin existing neighborhoods with special attention to infilt areas. Adequate measures should be taken by 2005 ro address the housing problems of persons with special needs. The City shall continue to invemory sites, including publicly owned buildings, which could serYe as s~res for elderly/handicapped housing. City of Boynton Beach EAR-based Comprehens ve Plan Amehdments 00- IER 6-6 Date: June 20. 2000 Housing Element Ordinance No. 00-29 Policy 6.9.2 Policy 6.9.3 Policy 6.9.4 Policy 6.9.5 Policy 6.9.6 Reserved. Reserved. The City shall, through local funding and technical assistance, continue to support the social service assistance programs provided to elderly and handicapped persons. The City shali work to establish a public/private partnership which can build units for elderly and handicapped persons, The City will continue to revise the land development regulations and in order to continue public improvement programs aimed at the removal of physical barriers which restrict accessibility by handicapped persons. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 6-7 Date: June 20. 2000 Housing E. lement Ordinance No. 00-29 Goal 7 Objective 7.1 Policy 7.1.1 Policy 7.1.2 Policy 7.1.3 Policy 7.1.4 Policy 7.1.5 Objectfive 7.2 Policy 7.2.1 Policy 7.2.2 Policy 7.2.3 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development or operation of remaining vacant waterfront residential properties, The City shall continue to parricipae in and, where appropriate, locally enforce ali existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Deparrmem of Environmental Protection, South Florida Water Management District, Palm Beach Coumy Environmental Resource Management, & Palm Beach County Health Department. The City shall continue ro regularly review and, where necessary, modify local development regulations ro ensure that development projects utilize best management construction techniques for natural resource protection. The City shall continue to require building construction elevations consistent with minimum federal flood insurance regulations. The City shall continue ro require building construction techniques in accord with the South Florida Building Code. The City shall continue to enforce ali regulations pertaining to the State's Coastal Construction Line. By 2002, the City shall develop a local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwamr data. The City will investigate the completion of Phase II and III of the Downtown Stormwater Improvement Project installing srormxvarer pre-treatment devices where financially appropriate. The City will continue to maintain a program of street sweeping road~vays and parking areas that drain into the Intracoasta] Waterway. The City xvill continue to enforce the local building construction threshold criteria such that major modifications ro existing uses conform ro local and City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- 7-I Date: June 20, 2000 Coastal Management E. lernent Ordinance No. 00-29 Policy 7.2.4 Policy 7.2.5 Policy 7.2.6 Policy 7.2.7 Policy 7.2.8 Policy 7.2.9 Policy 7.2.10 Objective 7.3 Policy 7.3.I Policy 7.3.2 regional srormwater pre-rrearmem standards in cooperation with the South Florida Water Management District. The City shall continue to enforce the land devetopmem regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. By 2002, the City will initiate discussions wi~ the Florida Department of Transportation relative to improving the water quality of storm water discharges. By 2002, the City will initiate discussions with the South Florida Water Management District retative to improving the water quality of storm xvarer discharges from the C-16 (Boynton Beach) Canal. The City shalI continue to support the exiting consolidated efforts of the Lake Worth Lagoon Ecosystem Management Area Study and Commitme and any efforts of Intergovernmental Plan Amendment Review Commit-tee with regard to this important ecosystem. The City shaI1, by 2002, adopt resolutions that request and seek support and fund/ng from Coumy, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth and the Intracoastal Waterway. The City will continue to urge that the Florida Department of Transportation retrofit existing drainage outfalls from State Highways to Lake Worth and the IntracoastaI Waterway. The City shall by 2002, conduct a study of the feasibility of requiring marinas to provide sanitary sewer hook-ups for long-term use, and to adopt ordinances requiring boats to hook-up to the systems provided. Subsequent ro Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards [o minimize the beach and dune impacts of man-made structures. The City shall continue to coordinate with the Beaches and Shores Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. The City shalI continue to investigate the feasibility of reqmring ali beach access locations ro be converted to dune cross-over structures and for existing walk paths to be restored and vegetated. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- 7-2 Date: June 20, 2000 Coastal Management ~Element Ordinance No~ 00-29 Policy 7.3.3 Policy 7.3.4 Objective 7.4 Policy 7.4.1 Policy 7.4.2 Policy 7.4.3 Objective 7.5 Policy 7.5.1 Policy 7.5.2 Objective 7.6 The City shall continue to provide resolutions to support and maintain areawide beach renonrishment efforts, if determined to have no significant negative impact on reefs and other living manne resources. The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. The City shall continue to limit public expenditures in the coastal high hazard area by restricting expansion/improvement of the City's existing utilities except for those necessary ro serve planned development, to improve environmental quality, or to serve redevelopment activities. The City shall continue to adopt and maintain procedures to provide funding for utility and road maintenance primarily with respect to existing needs and redevelopment activities. The City shall continue to adopt and maintain procedures such that future capital improvements shall be oriented to maintaining adopted Level of Service standards for planned uses or to improve local envirommental quality, or to serve redevelopment activities. The City shall continue to enforce the land development regulations that reqmre future hook-ups to the City water system be restricted to users that are either on or v:gll hook-up within a time specific period to a sanitary sewer system. The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi-family and mobile home areas through an interloeal agreement, and to encourage pubtic participation in the planning process. The City shall establish and maintain procedttres to maintain local emergency services personnel familiarity with Pain:_ Beach County's adopted Emergency Preparedness Plan. The City shall by 2002 undertake efforts to establish a County database regarding emergency preparedness targeting resident groups, and to seek cooperation and assistance in updating procedures contingent ~vith population growth in the coastal area, and when possible, request public input in the planning process. ~The City shall maintain or reduce currem estimated hurricane evacuation times if development increases. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- I ER 7-3 Date: June 20. 2000 Coastal Management ~Element Ordinance No. 00-29 Policy 7.6. I Policy 7.6.2 Policy 7.6.3 Policy 7.6.4 Policy 7.6.5 Policy 7.6.6 Objective 7.7 Policy 7.7.1 Policy 7.7.2 Policy 7.7,3 Objective 7.8 Policy 7~8.1 The City shall continue to enforce procedures to malmain local emergency services personnel familiarity with Palm Beach County s adopted Emer=ency Preparedness Plan. The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. The City shall continue ro review existing evacuation routes and deficiencies as noted in the Hurricane Evacuation portion of the Coastal Management Element, every three years, and if appropriate, initiate amendments of the Regional Plan to Palm Beach County Emergency Management personnel. Reserved. The City shall undertake efforts by 2002 to establish a County survey or informational program ro identify the location and magnitude of the coastal area population requiring ass/stance in evacuation. The City shall adopt the pertinent policies on hazard mitigation that are derived from the Palm Beach County Hazard Mitigation Working Group. The City shall continue to provide for the phasing of urban servmes consistent with the Level of Setw'ice Standards of each Comprehensive Plan Elemenf. The City shall continne ro establish procedures to maintain and monitor existing interlocal agreements for provision of water and sewer service with adjacent municipalities and the unincorporated area. The City shall continue to establish procedures to coordinate and participate in long term area-wide plarming efforts for provision of solid waste resource recovery and regional sewage disposal. The City shall continue to adequately fund local maimenance and operation needs with respect to storm drainage. The City shall continue to protect, conserve and, where possible, ~mprove local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. The City shall continue to discourage site clear-cutting and protect, restore and emhance, where possible, existing natural areas and native species such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynron Beach EAR-based Comprehensive Plan Amendments 00-IER 7-4 Date: June 20. 2000 Coastal Management Element Grdinance No. 00-29 Policy 7.8.2 Policy 7.8.3 Policy 7.8.4 Policy 7.8.5 Policy 7.8.6 Policy 7.8.7 Policy 7.8.8 Policy 7.8.9 Policy 7.8.10 Objective 7.9 Policy 7.9. I The City shall continue ro encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. The City shall continue to assist ~vith t~e mitigation strategy programs of transplanting seedlings of red mangrove ~nd marsh grass into the intertidal mangrove areas. The City shall continue to cooperate with the appropriate agencies on the installation ofcharmeI markers to protect sea grasses from prop dredging. / The City shall continue to develop 4d support educational programs, enhancements, and proper maintenance Of the Mangrove Nature Trail and Nature Center m the mangrove-hammo:k at the end of Boynton Beach Boulevard. The City shall continue ro enforce the meeting local landscaping requirements. The City shall continue to enforce the esra se of native vegetation species in lishment of buffer areas adjacem to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. The City shalf continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in ~ieveloping in natural, wetIand, and The City shall continue ro support and cgoperate in efforts to preserve and encourage turtle nesting along the City's beach area. The City shall continue to consider the specific and cumulative impacts of developmenr or redevelopmem on wetlands, estuaries, water quality, water quantky, wildlife habitats, living matin, systems. The City shall provide by 2002 for an dependent and water related uses al shoreline facilities by prioritizing shor~ water dependent uses. resources and beach and dune ncrease in the amount of water d public access to beach and :line uses with priority given to The City shall prepare a master plan of J il'cee Park that increases by 2002 public use and access ro the Intracoastal Wate~vay, subject lo lease resrricuons and success~I negotiations ~vith the owners Florida lnland Navigation District). City of Boyraon Beach EAR-based Comprehensive Plan Amendments 00- I ER 7-5 Date: June 20. 2000 Coastal Management ~Iement Ordinance No. 00-29 Policy 7.9.2 Policy 7.9.3 Policy 7.9.4 Policy 7.9.5 Policy 7.9.6 Objective 7.10 Policy 7.10.1 Policy 7.10.2 Policy 7.10.3 Policy 7.10.4 Objective 7.11 Policy 7.11.1 The City shall continue support, t~ough resolutions, area-~vide effo~s to acquire and develop additional waterfrom and beachfrom sites on the condition that such increases do not harm natural resources. The City shall support the maintenance of transit facilities to serve beach front parks through City system or Palm Tran service. Subsequent ro Plan adoption, the City shall adopt and implement the land use and zoning recommendations outlined in Coastal Management Elemenr. The City shall consider, cognizant of impacts to established uses, criteria for marina siting to give priority to developmenz plans which increase public interaction with the waterfront. The City shall consider developing performance standards which guide the review of proposals in this respect and continue to monitor the construction af the current marina project and future operations. The City shall continue ro enforce the Land Development Regulations to enforce public access to beaches renourished at public expense, and enforce the public access requirements of the Coastal Zone Protection Act of 1985. By 2002, the City shall protect, preserve and/or provide for the sensitive reuse of historic properties in the Coastal Management area. The City shall implement by 2002 a historic preservation ordinance that includes performance standards for development and reuse. The City shall establish procedures ro encourage the property owners of historic sites to maintain the design and structural integrity of the buildings. The City shall annually update the 1996 Historic Sites Survey with new etigible sites worthy of preservation. The City shall continue to consider allowances for historic preservation in the development of a Historic Preservation Ordinance. To provide for the ongoing development of the coastal area m a manner which will reduce the exposure of human life and public and private property to natural hazards by developing a Post-Disaster Redevelopment Plan. The City shall continue to utilize the Community Redevelopment Area Plans, the Future Land Use Map, and recommendations from the Vision 20/20 Plarmmg Study as a post-disaster redevelopment plan for establishing construction criteria and siting requirements for use tn redevelopment of existing developed properties. This effort would include a revie~v of the City of Boynron Beach EAR-based Comprehensive Plan Am~ndrnents 00-IER 7-6 Date: June 20. 2000 Coastal Management .Element Ordinance No. 00-29 Policy T11.2 Policy 7.11,3 Policy Policy 7.11.5 Objective 7.12 Policy 7.I2.1 Policy 7.12.2 Policy 7.12.3 Coastal Construction Building Code, the Current Flood Protection Ordinance, the Future Land Use Map, Community Redevelopment Agency plans, and other pertinent recommendations from the "Vision 20D_0" planning study and include criteria to distinguish between immediate repair and long-term redevelopment. The City shall continue to adopt and maintain procedures in capital improvement 5.mding that prohibit the construction or installation of public in~rastructare in coastal high-hazard areas (i.e., the area lying seaward of the Coastal Construction Control Line and containing the only portion of the City that is susceptible to the velocity effects of storm surges) or flood prone areas unless necessary ro correct currem deficiencies, to relocate or replace infrastructure, or ro serve a clearly demonstrated public interest. The City shall continually support redevelopment subsequent to a major storm occurrence consistent with the uses, densities and construction practices as outlined in the Coastal Management Element, He Post-Disaster Redevelopmem Plan, when available, or other coastal related regulatory documents in the event that a specific Post-Disaster Redevelopment Plan is not created. The City shall modify the Land Developmem Regulations to provide for general hazard mitigation, include recommendations of the Palm Beach County Hazard Mitigation Annex, as applicable, regulate beach and dime alterations, stormwater management, samtary sewer and septic tanks, and land use to reduce the exposure of natural hazards ro property and human life. The City shall include in lhe Pos~-Disaster Redevelopment Plan the identification of areas reqmring redevelopmenr,, the elimination of unsafe conditions and inappropriate uses. Reference should be made to the Future Land Use Map, Commtmity Redevelopment Agency plans, and ro other pertinent recommendations from the "Vision 20/20" plarming study. By 2015, the City shall minimize population concentrations in the coastal high-hazard area. The City shall implement by 2015, the post-disaster redevelopment plan and procedures for establishing construction and development criteria in the coastal high-hazard area. The City shall restrict by 2015 the rezoning or land use plan amendments of residential properties that would increase existing densities for developments within the coastal high-hazard area. The City shall prohibit by 2015 r~deveIopmenr of existing dwelling umrs located in the coastal high-hazard area unless an engineering study supports City of Boynton Beach EAl~.-based Comprehensive Plan Amendments 00- ! ER 7-7 Date: June 20, 2000 Coastal Management glement Ordinance No, 00-29 that the redevelopment can occur in a safe manner when considering building construction, design, siting and future storm events. Policy 7.12.4 By 20t5, the City, in a joint City-County effort, shall establish a public/private planning initiative to guide post-disaster activities. Policy 7.12.5 By 2015, the City shall establish a public/private planning initiative that obtains assistance with possibly overwhelming demands on public service durm~ the post-d~saster reaevelopmenr acuwt~es. city of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 7-8 Date: June 20. 2000 Coastal Managemem ~.[ement Ordinance No. 00-29 Goal 8: Objective 8.1 Policy 8.1.1 Policy 8.1.2 Policy 8.1.3 Policy 8.1.4 Objective 8.2 Policy 8.2.1 Obi ective 8.3 Objective 8.4 City of Boynton BeaCh Intergovernmental Coordination Element Goals, Objectives and Policies It is the goal of the City of Boymon Beach, through increased coordination, imeracrion, and communication with adjacent local governments and other pertinent coordinating entities, to maintain consram awareness of the plans and intentions of such entities, and address, and alleviate or anticipate, all major issues which involve a single agency or numerous entities. The City shall continue to increase the quality and frequency of the communication and coordination mechanisms between such agencies and entities whose focus is on housing and housing.improvement. The City shall continue ro inform residents of ava/lable housing xmprovemenr programs. The City shall continue ro distribute information through public participation hearings and other meetings as needed The City shall continue to use the Community Redevelopment Division as the review agency for Community Development Block Grant applications. The City shall maintain a quarterly updated list of group homes and foster homes licensed and/or operated by the Florida Department of Health. The City shall keep the licensing and/or operating agencies (i.e. Department of Health, South County Mental Health Center, ere.) apprised of the appropriate zomng regulations and will also notify them of all pertinent complaints reported on these facilities at the time the complaints are received. The City shall carry forth, with its Community Development Block Grant Entitlement Status, a comprehensive program to meet the City needs in affordable housing and accompanying infrastructure. The City shai1 continue to prioritize projects on a yearly basis in order to develop its annual Corranuniry Developmem Block Grant Entitlement budget. Reserved. The City shall maintain and improve existing recreation opportunities through the continued communication and coordination with Palm Beach County and adjacent municipalities. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00~01Et~_ Dare: June 2C,, 2000 IntergovemmenraI Coodination E. Iement Ordinance 00-29 Policy 8.4.1 Policy 8.4.2 Policy 8.4.3 Objective 8.5 Policy 8.5. ] Policy 8.5.2 Objective 8.6 Policy 8.6.1 Objective 8.7 The City shall continue to make puslic school recreation areas accessible to the public by including future schools within the Community School Program, and negotiate ~vith the appropriate officials to gain public use of those public facilities currently closed to public (after-honr) use. The City shall maintain an updated copy of the Comprehensive Plan for the Town of Ocean Ridge in order to evaluate their plans for future beach front recreation and explore potential future agreements that would facilitate joint use and/or provision. The City shall, by 2002, prepare a master plan of Jaycee Park that mcreases public use and access ro the Intracoastal Waterway, subject ro lease restrictions and successful negotiations with the owners (Florida Inland Navigation District). The City shall continue ro implement standards for parks and recreation facilities that are consistent with the County's park standards. The City shall maintain the County's standards for parks and recreation facilities by updating standards that both meet the needs of the City, as well as reflect the pordon 'of park acreage and recreation facilities that the County has del}ned as being the responsibility of other entities. The City shall recommend to Palm Beach County that neighborhood park facilities be required as part of its review of rezonings and water service agreements in the unincorporated area. The City shall continue its representation on the Beaches and Shores Council. The City shall continue ro participate through interlocal agreements with the Beaches and Shores Council; and shall encourage the expansion of recreational opportunities and the preservation and conservation of the beaches and shore envirormaent while promoting actions that are consistent with City policy. The City shall coordinate efforts through (Intergovernmental Plan Amendment Review Committee) the Palm Beach County Intergovernmental Coordination Program with the Town of Ocean Ridge, as well as other adjacent coastal communities, that enable the exchange of ideas and plans, and provides an arena for resolution of conflicts that concern two or more of the municipalities. Issues to be addressed should include land use, water and sewer service, water quality, hurricane preparedness, emergency response, beach-access, etc. City. of Boynton Beach EAR-based Comprehensive Plan Amendments 00-0 IER. 8-2 Date: June 20_ 2000 [ntergovernmenta! Coodination Element Ordinanc~e 00-29 Policy 8.7.1 Policy 8.7.2 Policy 8.7.3 Policy 8.7.4 Objective 8.8 Policy 8.8.1 Policy 8.8.2 The City shall attempt zo establish a work committee, composed of representatives from municipalities such as Ocean Ridge, Manalapan, and Gulfstream and other relevant cities, ro rneet ~n an annual basis in order to cotlect, review and discuss major currem plans which affect the other communities, and to determine methods for addressing major issues such as water quality, hurricane preparedness and post disaster management (see Issue #3), beach access, et cetera. If a work committee is nor organized, ar a mm/mum, an updated Comprehensive Plan should be kept on file, and examined for potential inconsistencies ~vith the Comprehensive Plan of the City of Boynmn Beach. A Comprehensive Plan should also be provided to the other adjacent munic~palities for their information and review. The City shall, continue zo provide/coordinate utility service to the Town of Ocean Ridge via the on-going agreement with regm'd to water and sewer hook-up. The City shall cominue to establish procedm:es to maintain and monitor existing interlocat agreements for provision of ~vater and sewer service with adjacent municipalities and the unincorporated area. The City shall consider utilizing the Treasure Coast Regional Planning CotmciI's, Informal Mediation Process if future coordination between the two mnn~mpalities does nor resolve pertinent issues that are w/thin the scope of the two entities. The City shall coordinate through the Intergovernmental Plan Amendment Review Committee emergency preparedness and post disaster planning, and shall use the resources of the City's Fire Department to implement hurricane disaster plans as well to initiate the development of other disaster plans and strategies. The City shall communicate to Palm Beach County the need for interim corranunicarion concerning the implementation of the County's Emergency Preparedness Plan and the local emergency mmnagement plans. Interim coordination could include events such as annual meetings that would a~n:racr pertinent representatives from all the County s municipalities and mock disaster drills, The City shall initiate annual meetings and inform adjacent mumcipalities through the Intergovernmental Plan Amendment Review Committee or other appropriate intergovernmental coordination entity of local disaster management strategy plans for emergency preparedness. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER_ 8-3 Date: June 20. 2000 fntergovernmentaI Coodination Element OrdinanCe 00-29 Policy 8.8.3 Policy 8.8.4 Policy 8.8.5 Policy 8.8.6 Policy 8.8.7 Policy 8.8.9 Policy 8.8.10 The City shall promote to hSe County the idea of mandatory coordination of emergency management plans and strategies among local municipalities whose emergency management straregtes include adjacent communities resources. The City shall inform the Palm Beach County Emergency Managemem Division, and the City's Risk Manager, concerning any changes in allowable residential densities that would significantly increase the population ro be evacuated (iocated within the Hurricane Evacuation Zone). The City shall adopt and enforce regulations to notify and solicit the comments of the Palm Beach County Division of Emergency Management and the City's Risk Management Officer, prior m approving any increase in residential densities in the Hurricane Evacuation Zone above the maximum densities allowed in the Coastal Managemem Element, if the proposed density increase would result in an increase of 50 or more dwellings. The City shall request that these density increases be evaluated with respect to the Palm Beach County Peacetime Emergency Plan. The City shall consider these comments, prior to issuing a development order for the project, and should not approve density increases which would substantially impair hurricane evacuation. The City shall adopt and enforce regulations to require that traffic impact statements for residential projects of 100 dwellings or more which are located in the Hurricane Evacuation Zone include an evaluation of the affect of the project on hurricane evacuation times. The City shall forward a copy of this traffic/mpact statement to the Palm Beach County Division of Emergency Management and the City's Risk Management Officer for their cormmems, and shall consider these commenm, prior to issuing a development order for the project. The City shall request that these traffic impact statements be evaluated with respect to the Palm Beach Cotmty Peacetime Emergency Plan. The City shall continue to participate in ail counzywide emergency preparedness preparation and practice sessions. The City shall continue ro review e:dsting evacuation routes and deficiencies as noted in the Hurricane Evacuanon portion of the Coastal Management Element, every three years, and if appropriate, initiate amendments of the Regional Plan ro Palm Beach County Emergency Management personnel. The City shall continue to enforce procedures to maintain local emergency services personnel familiarity with Palm Beach County's .adopted Emergency Preparedness Plan. City of Boynron Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-4 Date: June 20, 2000 intergovernmental Coodination Eiement OrdinanCe 00-29 Objective 8.9 Policy 8.9.1 Policy 8.9.2 Policy 8.9.3 Policy 8.9.4 Policy 8.9.5 Policy 8.9.6 Policy 8.9.7 Objective 8.10 The City shall participate in the Lake Worth Lagoon Study, Department of Environmental Resources Management, South Florida Water Management District, and Surface Water Improvement which target the improvement of surface waters within, and adjacent to, the City's boundary. The City shall participate in the efforts to improve the quality of the areas canals and receiving waterways, and negotiate with the Lake ~Vorth Drainage District in addressing the same. The City shall coordinate with, and participate in, any organizational programs developed by the Intergovermmental Plan Amendment Review Committee or other entity that are intended to promote an area-wide approach to improving the water quality of Lake Worth. The City shall adopt policies which support the efforts of Palm Beach County, the Lake Worth Drainage District, and the South Florida Water management District to monitor and control the quality and quantity of storm water run-off, and the City should provide input xvhen needed. The City shall stay apprised of these efforts by regular communication and attendance ar regular and special meetings of such agencies. The City shall maintain an updated copy of, and promote the application of, the Operating Policies of the Lake Worth Drainage District. The City should provide the Districts with the City's developmem requirements concerning drainage, and emphasize the need for them adopt similar restrictions if the District's standards are less stringent. The City shall continue to urge Florida Deparrmem of Transportation to retrofit existing direct drainage ouffalls with drainage retention ponds from state highways to Lake Worth and the Inrercoastal Waterway. The City shall maintain an awareness of, through continued annual contacts, the coastal regulatory activities of the Environmental Protection Agency, Florida Department of transportation, Department of Environmental Protection, South Florida Water Managemem District, Palm Beach County Environ_mental Resources Management, and County Health Department. YVhere appropriate, the City shall participate in, and locally enforce, such activities. The City shall coordinate with the Palm Beach Coun.ty Intergovernmental Coordination Program (Intergovernmental Plan Amemdmenr Review Committee) in notifying adjacent municipalities City of Boynton Beach EAR-b~ed Comprehensive Plan Amendments 00-0 l ER 8-5 Dare: June 20. 2000 Intergovernmental Coodination Element Ordinanc~e 00-29 Policy 8.10.1 Policy 8.10.2 Policy 8.10.3 Policy 8.10.4 Policy 8.t0.5 Policy 8.10.6 Policy 8.10.7 Policy 8.10.8 Objective 8.11 of proposed land use amendments, rezonings, and annexations that may affect adjoining municipalities. The City through the Intergovernmental Plan Amendment Review Comrrdttee shall notify ali municipalities that are within I000 feet of a proposed land use amendment or annexation. Notification should be given regardless of distance if the proposed change could significantly affect the adjacent municipality'. The City shall consider the comments of an adjacent municipality or Palm Beach County concerning a proposed land use amendment or annexation. The City shall participate in cooperative mapping of proposed future annexation areas with adjaceilt jurisdictions. The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the prox~mky to, corporate limits, prior ro armexarion of any parcels into the City. The City shall continue ro promote armexarion of land where service delivery systems in the Utility Service Area (Reserve Annexation Area) will be consistent wihh the boundaries of the corporate limits. The City shall pursue interlocal agreements with local govermnental municipalities that have identified ~r adopted futura land use designations for adjacent unincorporated areas. These agreements would establish "joint plarming areas" pursuant to Chapter 163.3171, F.S. The City shall encourage joint plarming agreements that include, but are not limited to, the following: cooperative planning and review of land development activities within areas covered by the agreement; specification of service delivery; funding and cost-sharing issues within joint planning areas; and enforcement/implementation The City shall continue [ts presem mmexation policy to discourage urban sprawl by allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring that the proper infrastructure is in place or concurrent with development. The City shall participate in intergovernmental coordination processes ro ensure full consideration is given to the impacts of proposed Comprehensive Plan amendmenns and future developments City ofBo3 nton Beach EAR-based Comprehensive Plan Amendments 00-01 ER. 8-6 Date: June 20. 2000 Intergovernmental Coodination Etemenr Ordinanc~ 00-29 Policy 8A 1.I Policy 8.11.2 Policy 8.11.3 Policy g. 11,4 Policy 8.11.4 Policy 8.11.5 on the ability of the City and adjacent local governments to implement their Comprehensive Plans and to address area wide land use needs and iustification for amendments. The City shall participate in the Palm Beach County Intergovernmental Plan Amendment Review Committee Process and shall coordinate with the Treasure Coast Regional Planning Council and ali other local governments in a voluntary dispute resolution process for the purpose of facilitating imergovemmental coordination. The Intergovem_mental Plan Amendment Review Committee process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreemem, effective October I, 1993, and shall include results and any wriuen determination from the Intergoverm2ental Plan Amendment Review Committee Process as data and analysis ro the Department of Community Affairs with proposed and adopted Comprehensive Plan amendments. The City shall notify adjacent local governments through Intergovernmental Plan Amendment Review Committee and the Count3,' of land use conflicts generated by adjacent land uses. In addition, it should be determined whether the Comprehensive Plans of the two entities address the conflicts. The City shall notify propercy owners directly involved in, and adjacem to, of conflict,and that the conflict is being addressed by both entities where the interjurisdicfional conflict has caused a public nuisance. The City shall use the Intergovernmental Plan Amendment Review Committee as the entity to mitigate Iand use conflicts that directly affect possible Comprehensive Plan amendments.. The mitigation strategies could consist of a jointly adopted future land use plan for the bordering land rues, or ar a minimum, and if appropriate, the buffering of the incompatible uses. In the interim, the CiV shall oppose requests for changes in land use in unincorporated Palm Beach County that are in the City's Reserve Annexation Area and not consistent with the adopted Boynron Beach or Palm Beach Coumy Comprehensive Plan. The City shall participate in the efforts of Palm Beach County and the Treasure Coast Planning Council ro monitor and coordinate annexation plans of the County's manicipalities. The City of Boynron Beach shall use the Treasure Coast Regional Planning Council's dispute resolution process for non-Comprehensive Plan disputes w-hen necessary To mediate the resolution of conflicts with other local governments and regional agencies_ The City may use alternative procedures whenever appropriate for the matter of imminent City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-7 Date: June 20. 2000 Intergovernmental Coodination Element Ordinance 00-29 Objective 8.12 Objective 8.13 Policy 8.13.1 Policy 8.I3.2 Policy 8.13.3 Policy 8.13 _4 Objective 8.14 Policy 8.14.I dispute, includin** a*reements= authorized by Section i63.3 I77, F.S., or other non-judicial approaches Reserved The City shall maintain, or increase as necessary, the communication and coordination mechanisms jointly establishing level of service standards with those stare, regional, or local entities that have operational or maintenance responsibility for such facilities. The City shall continue coordinating and communicating with the Palm Beach County Parks and Recreation Department, the Metropolitan Planning Organization, and the Solid Waste Authority in order m jointly establish level of service standards for recreation facilities, roads, and solid waste facilities. The City Shall continue to maintain an active role in ail organizations and committees which focus on county-wide transportation related issues in order ro jointly develop level of service standards, lobby for the necessary exceptions ro the Traffic Performance Standard and/or SpeciaI Transportation Areas tbr areas with less than level of service 'D", as well as to coordinate major road improvements or developments. Such agencies are, but nor limited to, the Florida Department of Transportation , the Treasnre Coast Regional Plarming Council, Palm Beach County, the Metropolitan Plarming Organization and Solid YTaste Authority. The City shall support the efforts of the Metropolitan Planning Organization and Public Health Unit, through existing coordinating mechanisms, to reduce traffic generated polintion. The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that developments which occar' on County roads within the City limits are consistent with the minimmn adopted level of service standards. Consistency of levei of service shall be maimained through coordination xvith Intergovernmental Plan Amendment Review Committee if there are differences between the City and County level of service mterpretatians. The City shall continue to improve the coordination with Palm Beach County Metropolitan Planning Organization and the Florida Department of Transportation in regard ro receiving State and County road plans for review. The City shall solicit the County's expenditure of Impact Fees collected in the adjacent unincorporated areas on highway facilities which best benefit the City of Boynton Beach. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-8 Date: June 20. 2000 Intergovernmental Coodination Element Ordinanc& 00-29 Policy 8.I4.2 Policy 8.14.3 Policy 8.14.4 Objective 8.16 Policy 8.16.1 Policy 8.I6.2 Objective 8.17 Policy 8.17.1 The City shall request the Palm Beach County Engineering Department, the Metropolitan Planning Organization, and the Florida Deparrmem of Transportation that road pIans sent to the City for review be received earlier in the development process (i.e. prior ro public hearings), The City shall continue ro participate in the transportation planning activities of the Metropolitan Planning Organization, including the formulation of the Metropolitan Planning Organization Transportation Needs and Cost Feasible Plans. -The City shalI also continue to review the Palrr_ Beach County and Florida Department of Transportation improvement programs, and attempt to ensure that these agencies provide transportation improvements so as to maintain the levels of service adopted in the Transportation Elemem. The City shall continue ro perform the proper notification of affected agencies concerning bordering unincorporated properties or future annexation land. The City shall coordinate with the County in reference ro County developments near the City's borders and review such projects through a consistent process. Close attention shall be paid to those areas where City annexation is possible within two years. The City shall agree by 2002 upon the process to revie~v Coumy projects of threshold impact for 5ature City annexation areas. The City should hold informal meetings with the County to promote the joint review of pertinent plans m order to ensure the prompt return of comments from the Palm Beach County Engineering Office concerning local development plans; comrnems should be ~btained simultaneously. The City shall continue to coordinate with the South Florida Water Management District, Florida Department of Transportation, and the Lake Worth Drainage District in order to stay apprised of the policies, regulations and programs of the Districts and to improve the local waterways. The City shall continue ro work cooperatively with the State of Florida_ the South Florida Water Management District, and the Intergovernmental Plan Amendment Review Committee in developing and implementing pertinent water use standards and policies by staying apprised of the actions and policies of the appropriate agencies whose focus includes multijurisdicfional issues such as water needs and water quality, City of Boynton Beach EAR-based Comprehensive Plan Ameadrnents 00-01 ER 8-9 Date: June 20. 2000 lntergovemmentaI Coodination Element Ordinance 00-_9 Policy 8.17.2 The City, via the Engineering Deparnnent, shall continue to maintain a coIlection of the current annual developmant policies and regulations of the South Florida Water Management District and Lake Worth Drainage District, olmy 8.I7.o By 2002, the City will initiate discussmns with the Florida Department of Transportation relative to improving the water quality of storm ~vater discharges. Policy 8.i7,4 By 2002, the City will initiate discussions with the South Florida Water Management District reIative to improving the water quality of storm water d{seharges from the C-I6 (Boynton Beach) Canal. Objective 8.18 The City shall continue the existing coordination mechanisms with the Patm Beach County Health Department and the ]Florida Department of Environmental Protection and strive to develop consistent policies and regulations. Policy 8.18.t The City shall stay apprised of hazardous waste regulations and policies listed in the County's Comprehensive Plan and by annual contacts with the Department of EnvironmemaI Protection. Policy 8.18.2 The City shall provide (along with adjacent entities if recharge areas of mutual concern are identified) adequate feedback to the County, [f necessary, regarding policies that relate to hazardous mater/als, wellfields, and significant recharge areas, and attempt to coordinate the development of future regulati6ns. Objective 8.19 The City, or the South Central Wastewater Treatment and Disposal Board, shall continue to coordinate with the appropriate entities in order to plan for future treatment facility expansion. Policy 8.19.1 Coordkiation among the Cities of Boynton Beach and Delray Beach, the South Central Wastewater Treatment and Disposal Board, and Palm Beach Coumy, shall include the analysis of the buildom population projections of the service area and facility expansion shall be based ~n this anmysm. Objective 8.20 The City shall, if necessary, consider establishing a committee ro work directly with the Solid Waste Authori .ty in order to jointly monitor the ongoing and expanded resource recovery and recycling programs within the City of Boynton Beach. Policy 8.20.1 C~ty of Boynron Beach The committee shall xvork cooperativeIy and actively with the Solid Waste Authority in evaluating the necessary policies and programs required ro satisfy State Law zonceming resource recovery (recycling) and continued efforts ro maintain State standards. The committee shall also keep the, 8-i0 Date: June 2C 2000 EAR-based Comprehensive Amendments 00-01 ER Plan Intergovernmental Coodination Et.emenr Ordinance 00-29 Solid Waste Authority apprised of any changes to the City's Future Land Use Plan which would substantially increase the voiume of solid waste generated. Policy 8,20.2 The City shall coririnue ro establish procedures ro coordinate and participate in long term area wide planning efforts for provision of solid waste resource recovery and regional sewage disposal. Objective 8.21 The City shall continue the level of communication with Palm Beach County necessary to promote the policies of Boynton Beach concerning wafer and sewer service and development within the water and sewer area for the West Boynton Area and the annexation area limits. Policy 8.2i .l The City shall continue to communicate with Palm Beach County and participate in any appropriate meetings or workshops in order to discuss, begin planning for, and reach an agreement concerning future urban services within the reserve annexation area and that area described in the West Boynton Area Plan. Policy 8.21.2 The City shall negotiate with the Palm Beach County Health Unit and the South Florida Water Management Distr~ct ro reach a mutually acceptable ageement which minimizes the permitting of well and septic systems on lands within the umncorporated enclaves or within a certain distance from the City's border. Policy 8.21.3 The City shall coordinate with the Palm Beach County Health Unit in proposed annexation areas-to encourage central sewer systems within tmincorporated enclaves that are adjacent to the corporate 1/mits. Policy 8.21.4 The City shall continue ro modify and enforce regulations to require connection to public water supply and extension of water lines ro property boundaries in accordance with applicable Palm Beach County Environmemal Control Rules. Objective 8.22 Policy 8.22.1 Policy 8.22.2 City of Boynton Beach The City shall promote intergovernmental coordination with the Palm Beach County School Board on the siting of new schools in order to assist the School Board in maintaining or improving the qualify of the County's school system. Furthermore, new schools shall be loJated in close proximity ro urban residential areas and other public facilities. The City shall notify the School Board of all housing developments which exceed 20 dwelling umrs and provide them with the necessary data for their anmysis of the impact upon the racial balance of the areas schools. The City shall assist the School Board in iocanng fttture school sites. 8-1I Dater June 20. 2000 EAR-based CompreI~ensive Plan Intergovernmental Coodination Element Amendments 00-01 ER Ordinance:~)0-29 Policy 8.22.3 The City shall support and assist in impIementing a County-wide school ~mpact fee. Policy 8.22.4 The City shall coordinate with those schools in its jurisdiction, which are part of the Stare University System, regarding the development of campus master plans or amendments thereto, ro be done in accordance with Section 240.155, F.S. Policy 8.22.5 The City shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a tegglar format forum in which to deal with issues unique to Palm Beach County and the municrpalities therein. The Multi-lur/sdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and local unwanted land uses. Policy 8.22.6 At a minimum, the threshold acreage for new schools shall be as foil ~ws: 1) Elementary Schools: A minimum of four acres for the first 200 students, plus one acre for each additional 100 students. 2) Middle Schools/Juni6r High Schools: A minimum of six acres for the first 300 students plus one acre for each additional 100 students. 3) Senior High Schoots: A minimum of seven acres for the first 300 students plus one acre for each additional 50 students up to 1,000 students, plus one acre for each additional 100 studems thereafter. 4) Area Vocational-Technical Schooi: A minimum of 20 acres for the first 500 students pins one acre for each additional 50 students up to 1,000 students. 5) Community College: A main campus sire shall be a minimum of 100 acres. Each separate center site shall contain a rrdnimum of 40 acres for the first 500 studems plus two acres for each additional 100 students. Special-purpose center sire acreage shall be appropriate to contain the functions identified in the program. Policy 8.22.7 Upon issuance of a Development Order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads are ro be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. City of Boynton Beach 8-12 Date: June 20, 2000 EAR-based Comprehensive Plan Intergovernmental Coodination Elgraent Amendments 00-01 ER Ordinance 00~29 Policy 8.22.8 Public facilities should be in close proximity, and operating at the adopted level o£ service, before a deveIopmem order can be issued for a new school. Policy 8.22.9 The City shall request that the School Board submit for review' information on renovations, additions, and proposed expansions ro property owned by the School Board to assure the availability of public facilities and land use consistency, as the proposal relates to furore planned improvements. Policy 8.22.9.a Planners for the School Board, County, and cities shall be included in both the developmem of the school location criteria and the school siting process. Policy 8.22.9.b The City should mkiare development of school location criteria so the location of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the new schools. Policy 8.22.9.c The City and School Board planners should consider making schools and their location the focal point for new developmenrs. Objective 8.23 The City will inform the Bethesda Healthcare Corporation, through establishment of coordination mechanisms with the Corporation, of the growth plans of the City, and if necessary, the major factors influencing economic and redevelopment growth. From the coordination, the City will become aware of the Corporation's needs and concerns as it develops its master plan. Policy 8.23.1 The City shall provide the Corporation with pertinent Comprehensive Plan Elements, significant future amendments to the same, and requested information concerning overall growth and redevelopment plans of the City. Policy 8.23.2 The City shall address, and where appropriate incorporate, the comxnems of the Corporation as they relate ro population and future growth of the City in a non-sprawl fashion. Objective 8.24 The City shall, through the Intergovernmental Plan Amendment Review Committee, support the interlocal agreement to protect and preserve the natural environment. Policy 8.24.1 The City shall continue to parr~mpare in, and support where feasible, the efforts of Palm Beach Coumy ro acquire and preserve natural preservation areas and habitats within the City. City of Boynron Beach EAR-based Comprehensive Amendments 00-01 ER Plan 8-I3 Date: June 20_ 2000 intergovernmental Coodlnar[on Elemem Ordinance'00-29 Sanitary Sewer Goal 9.A Obi ective 9A.1 Policy 9A. 1 .I City of Boynton Beach Capital Improvements Element Goals, Objectives, and Policies The City of Boynton Beach shall maintain adequate capacity for treatmem and disposal of wastewater, install and maintain adequate wastewater collection and transmission facilities, take steps to minimize wastewater flows and urban sprawl, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequateIy by existing sanitary sewer facilities. Future development and redevelopment in the City shall take advantage of existing sanitary sewer facilities, wherever possible. Potable Water Goal 9B Objective 9B.1 Policy 9B. 1. i Policy 9B.1.2 Policy 9B. 1.3 The City of Boynton Beach shall maintain adequate potable water treatment and distributiqn facilities. The City shall take steps to minimize increases in demands and urban sprawl, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Adequate and Efficient Distribution Facilities. The City of Boymon Beach shall continue to provide distribution services ro its potable water customers that are adequate to meet flow levels projected in the City's Water Master ]Plan. Water Conservation. The City of Boynton Beach will continue to mm/mize demands for water ro reduce system expansion costs and the need for mcreased groundwater withdrawals. Equitable Financing of System improvements and Operations. The City of Boynton Beach shall continue ro fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-IER 9-1 Date: June 2000 Capita[ Improvements Element Ordinance No. 00-29 Policy 9B. 1.4 Prevention of Urban Sprawl. Developmenr and redevelopment will continue ro be encouraged in areas adequately served by existing water transmission and distribution facilities, Parks Goal 9C Objective 9C.1 Policy 9C.1.1 Policy 9C. 1.2 Policy 9C.1.3 Policy 9C.1.4 Policy 9C. 1.5 Policy 9C. t .6 Objective 9C.2 Policy 9C.2.1 Provide adequate open space and recrearionaI facilities and programs ro meet the needs of present and future residents, including seasonal visitors, and special groups such as the elderly and handicapped. By 2002, the City shah provide adequate automobile parking (excluding mia parks), bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2000, where available space exists. The City shall continue to provide adequate automobile parking and bike rack facilities within ail parks developed after the adoption of this Plan. ByU002, the City shall provide parking and bike rack facilities within ali existing neighborhood and district parks. Facilities shall be monitored as part of the on-going malmenance effort and deficiencies corrected within 18 months. Private sponsorship of bike racks will be explored if City funding is inadequate. The City shall continue ro examine the exiem of barrier-free access within neighborhood ~nd district parks: and deficiencies 5vili be addressed in a Plan that sets the phasing and'fimding. The City shall amend the land developmem regulations to require that all future parks, and applicable facilities, include barrier-free ADA design for the handicapped to be retrofitted, if funds are available, three parks per year. The City shall provide, contingem upon County assistance or support, the Palm Tran shuttle service for patrons of beach front parks. By 2002, the City will provide additional access to the Intercoastal Waterway. The City shall ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations "D", proposed park development schedule, Table #2-Neighborhood Park Needs Analysis, Table #3-District Parks Needs and Analysis, and Table #4-Facility Needs Analysis. The City shall adopt the Level of Service standard for Neighborhood Parks as indicted in Table 2 and a DOS standard for District Parks of 2.5 acres per 1,000 persons (see Table 3 of the EAR). The City shall consider the level of service advisory standards for recreation facilities set forth in Table 7. The City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 9-2 Date: lune. 2000 Capital Improvements Element Ordinance No. 00-29 Policy 9C.2.2 Policy 9C.2.3 Policy 9C.2.4 Policy 9C.2.5 Policy 9C.2.6 level of service in Table 7 shall be evaluated pursuant to the data and analysis which is required for the Capital Improvements Element, pursuam to the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. The following are advisory level of service standards for recreation facilities, as indicated in Table 7 shown below. Baseball/Soft. Youth- 1 per 15,000 persons, Baseball, Reg, - I per 25,000 persons, Basketball Courts - 1 per 3,000 persons, Beach Frontage - 15 feet per 1,000 persons, Boat Ramps - 1 per 8,000 persons, Community Centers - 1 per 25,000 persons, Fitness Trails - 10 stations per I 0,000 persons, Football/Soccer Fields - 1 per 40, 000 persons, Golf- 1 per 30,000 persons, Handball/Racq. Courts - 1 per 10,000 persons, Picnic Areas - 1 per 6,000 persons, Playgrounds - 1 per 4,000 persons, Practice Fields - 1 per 10,000 persons, Combination Fields- 1 per I 0,000 persons, Shuffleboard Courts - l per 2,500 persons, Swimming Pools - 1 per 40,000 persons, and Tennis Courts - 1 per 2,000 persons. For areas to be annexed, which are platted, developed, under development, or have approved developmem plgns in Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing neighborhood park facilities serving the area. The City shall complete, or initiate, the development of facilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park Needs Analysis. The City shall increase access ro parks and recreatiun facilities by providing lighting, or plan for the provision of lighting through project phasing, for all future active-recreation facilities. The lighting design shall minimize ~mpacr on adjacent residents and shall be compatible with adjacent property owners. The City shall maintain, or increase, the existing level of activities that comprise the City's contribution to the Community School Program. By 2002, the City shall initiae development of strategic neighborhood plans with parks as one component. 9-3 Date: June, 2000 CapiraI Improvemehts Element (3~:dinah~ No. ob-29 Policy 9C.2.7 Objective 9C.3 Policy 9C.3.1 Policy 9C.3.2 Policy 9C.3.3 Policy 9C.3.4 Policy 9C.3.5 Policy 9C.3.6 The City shall coordinate the dfisign and development of future neighborhood parks with private recreation facilities in the respective neighborhoods. The City shall increase the proportion of residential developments that provide private recreation areas, and require that future private recreation areas are developed and equipped so as to be the equivalent of a public neighborhood park. The City shall continue ro enforce the Subdivision and Platting Regulations which require that all residential developments that exceed 100 dwelling unirs provide a private recreation area, unless however, public parks are located within one-half mite froth the project, which satisfies the 2.5 acre per 1000 residents LOS standard. The City shall continue to enforce specific criteria within the Subdivision and Platting Regulations that guide the development and facilitation of private park areas and/or private recreation facilities that are used to satisfy the reqtdrements for receiving 50% credit toward the public park dedication requirement· The criteria shall require that the needs of residents are met m accordance with standards contained in this element. A study shall be conducted ro determine the impact of this criteria, especially regarding the type and size of amenities that can recmve partial impact fee credit. The City shall continue to require that all residents of a Planned Unit Development 15roject have access to at least a portion of the private recreation areas provided, unless similar public facilities are located within a one-half mile walking distance. A Planned Unit Development w/th private recreation areas will qualify for a 50% credit against the required impact fee. The City shall continue ro require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is nor indicated at the above mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away. The City shall continue to require a minimum of 6 acres per [,000 population park dedication, fees in lieu thereof equal to the value of the land to be dedicated, or a combination of fees and land. The City shall continue ro enforce regulations , which require the dedication of' [akefront park sites in residential developments. Such recreation areas adjacent ro water should be considered as mimmum criteria for recmpr of a 50% credit. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-I ER 9-4 Date: June, 2000 Capital Improvements Element Ordinance No. 00-29 Objective 9C.4 Policy 9C.4.1 Goal 9D Objective 9D.1 Policy 9D. 1.1 Policy 9D. 1.2 Policy 9D.1.3 Policy 9D. 1.4 Policy 9D.1.5 Policy 9D.i .6 The City shall provide public access to nye native habitat sites for the purpose of providing a nature study area by the year 2002 consistent with the development schedule for seacrest scrub. In order to ensure the preservation of important natural areas and reservations, the City shall, by 2002, identify scrub sites to be developed as a aature study area and identify the appropriate public or private funding mechanism(s) or source(s) appropriate for such a scvab preservation project. To ensure the orderly and efficient provision of all public services and facilities necessary' to serve ~xisting and future local pepulation needs. To develop a comprehensive and coordinated funding strategy for the implementation of existing or anticipated capital improvement needs as identified in the adopted Capital Improvement Element, the local Comprehensive Plan or through other local planning efforts. The City shall continue to maintain a local capital project review' criteria which, ar a minimum, objectively prioritizes projects on the basis of consistency with local comprehensive plararing activities, cost feasibility and effectiveness, relative magnitude and term of need, intergoverurnentai commkmems, the ability re take advantage of other jurisdictional capital improvements, and overall budget impacts. The City shall cominue to recognize that capital expenditures necessary to maintain or improve ex/sting facilities take precedent over expansion or anticipated future facility needs. The City shali monitor and evaluate the Cavltal Improvemems Element on an annual basis and reaffirm the City's Capital Improvement Program in conjunction with armual budget deliberations and adoption. The City sb-ali maintain budget review procedures which recognize needs and utilize priority criteria to fund capital improvement needs of the various Comprehensive Plan Elements. The City shall annually update the Five Year Capital Improvements Program and accompanying Capital Budget and submit to the Commission a finalized Capital Improvements Program budget prior to January 1st of each calendar year. The Five Year Capital Imf_rovements Program shall be consistent with the data and analysis for the CapltaI Improvements which are required by the Stipulated Settlement Agreement between t]xe City and the Department of Commumry Affairs. City of Boynton Beach EAR-based Coraprehensive Plan Amendments 00- I ER. 9-5 Dare: June. 2000 Capital Improvements EIement Ordinance No. 00-29 Objective 9D.2 Policy 9D.2.1 Policy 9D.2.2 Policy 9D.2.3 Policy 9D.2.4 The City shall continue to requii-e that development and redevelopment proposals are approved conditioned upon existing service availability or the programmed provision of additional services at the adopted leYel of service standards and meet existing and future facility needs. The City shall maintain development review procedures and the land development regulations ensuring that ail developmem proposals are consistent with the City's adopted level of service standards. Where appropriate, these procedures and regulations shall provide for the timely implementation of additional improvements. The City shall condition the approval of proposed developmem or redevelopmem projects on the basis of project related service heeds being concurrently available at the adopted leve~ of service standards specified in Policy 9D.2.4. The City shall allow for phasing of development-related infrastructure improvements concurrently with project impacts on public facilities. The LeveI of Service (LOS) for capital facilities shall be: for sanitary sewer - 90 gallons per day per capka: for potable water - 200 gallons MDF per capita peak population: for solid waste - 7.2 pounds per capita per day with bi-weekly pickup: for drainage - 3 Year design storm at watershed concentration time, (the time required for water re flow from the hydraulically most remote point in a basin to the basin outlet): for drainage - Floor elevation above 100 Year storm (a rmnimum of six inches above the crown of any abutting road): Level of Service "C" or better under daily and peak hour conditions on ali unspecified City local and collector highway facilities. Level of Service "C" for average dad - ' i y unct Level of Service "D' for daily peak season and year-round peak hour conditions on all non-specified a~erial facilities· Level of Service "D" for year round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US I between Boyntoa Beach Boulevard and Woolbright Road, 1-95 through the City, Boynron Beach Boulevard from Old Boynton Road re 1-95, N~V 22nd Avenue City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 946 Date: June. 2000 Capital Improvements Element Ordinance No. 00~29 between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and for Boynron Beach Boulevard east of 1-95. Policy 9D.2.5 Policy 9D.2.6 Level of Service - "Maintain" for al1 facilities where LeveI of Service standards have been exceeded. Capital improvements shall not be made which are mconsisrem with the development and redevelopment policies concerning the coastal high-hazard area. Capital improvements which reduce or eliminate existing public hazards shall be given priority as pa~ of the annual and five-year evaluation of capital improvements projects. Capital improvements related to water and sewer service shall be based upon the assumption that all land xvithin the utility service areas will eventually be developed for urban land uses serv'ed by central water and sewer systems. Capital improvements related to parks, recreational facilities, roads, drainage, and solid waste shall be based upon the assumption that ail land east of Lawrence Road Mil eventually be annexed into the City and wilt be developed for urban land uses. All developmem orders and permits shall require evaluation either by the applicant or by City staff to determine whether pubIic facilities are available concurrent with the impacts of developmenr. For minor projects and development of individual lots which are vested, this concurrency evaluation may' be done on a cumulative basis at least once per year. All con'Lmuniry redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which serve the redevelopment area to determ/ne whether the levels of service contained in the Plan are met, and m examine sources of ftmding for any necessary capital improvements related to these public facilities. The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: Boynton (C- 16) Canal: In particular, the findings and recommendations concerning the primary drainage facilities shall be coordinated with the South Florida Water Management District and Lake Worth Drainage District. as a part of the creation of this master plan. The City's drainage master plan shall be coordinated ~vith the drainage studies which will be conducted by the Lake Worth Drainage District. Intracoastal Waterway: City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- t ER. 9-7 Date: June. 2000 Capitol Improvements Element Ordinance No'. 00-29 The design of public facilities which are over_ adjacent to, or in Lake Worth or the Intracoastat Waterway shall comply with the requirements of the inland Navigation District and the Army Corps of Engineers. State Highways (Interstate 95, Boynton Beach Boulevard, U.S. Highway I, State Road A1A) and the City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents) shall incorporate ail of the improvements to state highways xvhich are listed in the Palm Beach County Transportation Impruvemem Program, and al! of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall continue to require lmprovemems by developers and/or payment of impact fees, in order ro maintain the adopted levels of service on state highways, and shall require the dedication of the necessary right-of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropoiitan Planning Organization, and the FIorida Department of Transportation in order ro ensure funding and construction of needed improvements to state highways. Policy 9D.2.7 Priorities for replacement, correcting existing deficiencies, and providing for futttre needs shall be made according ro need. The need shall be determined by the City Council after recommendation by the Local Planning Agency. The list of priorities shall be reflected in the CapimI Improvements Element such that the improvements needed first shall be implemented first. Issues related to public health shall receive first priority, issues related to providing the adopted level of servide shall receive second priority, and ali other additional issues shall be implemented as needed ro maintain operational efficiency in the City. Policy 9D.2.8 The City shall maintain levels of service for public facilities. development orders and permits shall be: Land t. conditioned upon the availability ofpublic services, 2. shall meet or exceed adopted level of service standards, and 3. shall be consistent with the data and analysis for the Capital Impruvemenr Element which is required by the stipulated settlement agreement between the City and the Department of Community Affairs. Objective 9D.3 The City shall continue ro provide that private developers participate on a proportionate share basis in any facility improvement costs necessary ro maintain lev'el of service standards. Policy 9D.3. I The City shall continue to require the performance bonding of project related utility or traffic circulation improvemems necessa~, ro accommodate the development of vacant parcels or substantial redevelopment of existin~ properties. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 9-8 Date: June . 2000 Capital Improvemeats ..Elemenr Ordinance No. 00-29 Policy 9D.3.2 Policy 9D.3.3 Objective 9D.4 Policy 9D.4.1 Policy 9D.4.2 Policy 9D.4.3 Policy 9D.4.4 The City shall continue with the preference for the actual construction of adjacent site road intprovemenrs in lieu of impact fee payments. The City shall continue ro enforce the land development regulations process for assessing new development on a pro rata share of the costs necessary ro finance public facility improvements in order to maintain the adopted level of service standards specified in Policy 9D.2.4. Maintain a capital program that can be adequately accommodated by projected revent/es or other financial resources. Capital Improvements shall be financed, and debt shall be managed, as follows: Public facilities financed by enterprise funds (i.e., utilities, potable ~varer, sanitary sewer, solid waste, and golf course) shalI be financed by: a. Debt to be repaid by user fees and charges for enterprise service; or b Current assets (i.e., reserves, surpluses, and carrem revenue, including transfers); or c. A combination of debt and current assets. Public facilities which are ~]nanced by non-enterprise funds (i.e., roads, stonnwater managemem, parks, library, fire service, police protection, and govermnent buildings) shall be financed from current assets: Revenue, equity and/or debt. Specific financing of specific capital projects shall consider which asset, or group of assets, will be most cost effective, consistent with prudent asset and liability management, appropriate to the useful life of the project(s) ro be financed, and efficient use of the local govennnent's debt capacity. The City of Boynton Beach shall maintain a mmximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits, This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. Where feasible, the City's Capital Program shall recognize specific funding sources for specific projects or project categories. The City will continue to maintain levels of service for pubtic facilities and other comprehensive plan goals, objectives, and policies to be consistent with the data and analysis for tire Capital Improvements Element as required by the City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- [ER 9-9 Date: June, 2000 Capkal Improvements Element Ordinance NE. 00-29 Objective 9D.5 Policy 9D.5.1 Stipulated Se~iemem Agreement between the City and the Deparrmem of Community Affairs. The City will continue to utilize procedures for providing funding for capital improvements that can be adequately accommodated by projected revenues or other financial resources and provide for the public facility needs required by previously issued development orders or future development approvals. The City shall maintain an inventory of projects with development orders which were issued prior to Plan adoption and itemize the public facility needs o f each. Policy 9D.5.2 The following roles shall apply with respect to the vesting of land development orders and permits, insofar as compliance with Comprehensive Plan Goals, Objectives, and Policies and the provision of public facilitids which meet the adopted levels of service are concerned: A land developmenr order or perrmr shall be construed ro be vested with respect to compliance with the Comprehensive Plan Goals, Objectives: and Policies, and the provismn of public facilities which meet the adopted levels of services if it meets any one of the criteria set fo~h under (a), (b), or (c) below: A Development of Regional Impact development order has been issued prior ro the date of adoption of the Comprehensive Plan or the City has issued a final local development order and development has commenced and is continuing in good faith. The definition of development shall be that contained in Section 380.04, Florida Statutes. A development order or permit has been issued w.hich meets any one of the criteria set forth under (1), (2), or (3) below: For development orders and permits for wh/ch a building permit only is required, and site plan approval and/or platting is not required: The development order or permit is for the construction of a single-family detached or duplex dwelling or addition ro same, or conversion of a single-family dxveliing m a duplex, on platt, ed lots within subdivisions which were recorded prior ro January 13, 1978. For development orders or permks for which site plan (which includes conditional use) approval is required and a building permk is required, but platting is nor required: Construction of improvemems on a parcel in accordance with a sire plan (or conditional use) which has been approved for the parcel, and such approval, or any time extensions thereto, occurred prior to the date of plan adoption. Such projects shall City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- ! ER 9-13 Date: June. 2000 Capital Improvements Elemenr Ordinance No. 00-29 Policy 9D.5.3 be vested until site plan approval or the last time extension for same lapses, including any revisions submitted during this rime which do not increase the demand for public facilities compared to the original project. Approval of any revisions shall lapse, hoxvever, when original site plan approval or last time extension lapses. Such projects shall be vested for future rime extensions or for revisions that are submitted after the site plan approval or last time extension lapses, or for any revisions to the extent that the demand for public utilities would be increased. A sire plan shall be construed to have lapsed if an application for building permit for the project is noi submitted within one (I) year oft. he date of the approval of the site plan. For development orders or pennirs for which both platting and a building permit are required, or for which platting, site plan approval, and a building permit is required, the following shall be vested: Al1 development orders and permits within a subdivision for which the master plan was approved or time extension for same was approved prior to the date of Comprehensive Plan adoption, until the subdivision master plan approval or the last time extension lapses, including any revisions submitted during this time wttich do not increase the demand for public facilities compared m the original project. Approval of any revision shall lapse, however, when the original master plan or last time extension [apses. A project shall not be vested for future time exrensi6ns or for revisions that are submitted after the subdivision master plan ot last time extension lapses, for any revisions ~o the extent that the demand for public facilities increases. A subdivision master plan shall be construed to have lapsed if a preliminary plat for the first phase of the project is not submitted within i8 months of the date of master plan approval, or the final plat for the first phase of the project has not been submitted within I year of the date of approval of the preliminary- plat, or construction of the required improvements for the plat of the first phase of the project has nor commenced within 1 year of the date that the plat is recorded. Projects which were the subjects of court orders regarding land use. zoning, plarming, use or development of a parcel. Development orders or permits which are the subiect of or required by such court orders shall be construed to be vested for as long as the court order remains in effect. The City may adopt more restrictive criteria for vesting w/th respect to (a) and (b) above, in irs code of ordinances, or concurrency management system, but shali not adopt less restrictive criteria for vesting. The City skail maintain a maximum debt capacny in constant dollars based on establishment of the proper debt service ratio prior to June, i990. City of Boynron Beach EAR-based Comprehensive PLan Amendments 00- I ER 9-11 Date: June. 2000 Capital Improvements Element Ordinance N?. 00-29 Policy 9D.5.4 The City shall continue to enforce in irs Concurrency Management Ordinance, the provisions which address and ensure the availability of public facilities to serve development projects for which developmem orders were issued prior to the effective date of the City's Concurrency Managemem Ordinance, as follows ("exempt" projects shall be defined as those projects which are not required to demonstrate that concurrency requirements have been met. in order ro proceed): a Potable Water Populations of exempt projects shall be taken into account in determining whether level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be such_ approved or permitted if such approval or permitting would cause the level of service not to be met. b Sanitary Sewer Populations of exempt projects shaiI be taken into account in determining whether the level of service would be met for new projects and projects which are nor vested. New projects or projects xvhich are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service nor ro be met. c. Drainage Demand for drainage facilities which would be created by exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are nor vested. New projects or projects which are not exempt shall nor be approved or permitted if such approval or permitting would cause the level of service not to be met. Exempt projects shall be required to comply ~vith any drainage requirements of the South Florida Water Management District, Lake Worth Drainage District, and City which were in effect at the time the projecr was approved. d. Solid Waste Populations of exempt projects shall be used in determining whether the level of service would be met for new projects and projects xvhich are nor exempt. New projects or projects which are nor exempt sha!I not be approved or permitted if such approval or permimng would cause the level of service not to be met. Recreation Facilities City o[ Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 9-I2 Date: June. 2000 Capital Improvements Element Ordinance Nb. 00-29 Populations of exempt projects shall be taken into account in determining whetlter the Ievel of service ~vould be met for new projects and projects ~vhich are not exempt. Ne~v projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would canse the level of service not to be met. Existing or approved private recreanon facilities serving exempt residential projects shall not be reduced in number and, or size below the adopted levels of service for such facilities. f. District Park Acreage Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are nor vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting ~vould cause the level of service nor to be met. g. Neighborhood Park Acreage I. For Projects in the City: For existing or exempt project which have 2 or more private recreational facilities which service the project, neighborhood park facilities shall be considered to have been provided, and the number and/or size of these recreation facilities shall not be reduced below the adopted levels of service for such facilities. Existing or approved recreation areas or parks serving exempt residential projects shall not be reduced below the adopted levels of service for neighborhood parks. For neighborhoods and projects which do nor meet the criter/a set forth in paragraph (I) above, populations of exempt projects shall be used in determining whether the level of service would be met for ne~v projects and projects which are not exempt. New projects or projects xvhich are nor exempt shall not be approved or permitted if such approval or permitting would cause the level of serwce not to be met. However, any project for which neighborhood park and recreation facilities are provided in accordance with Policy 5.5.1 shall be construed to nor affect the availability of neighborhood park and recreation facilities for other projects. 3. For Armexed Areas and Projects: For areas which are platted, developed, under consrrncdon, or have development plans which have been approved by Pahn Beach City of Boynton Beach EAR-based Comprehensive Plan Am endments 00-1 BR. 9-I3 Date: June _ 2000 Capital Improvements Element Ordinance N~. 00-29 Objective 9D.6 Policy 9D.6. I Policy 9D.6.2 Objective 9D.7 Policy 9D.7.1 County, and are subsequently annexed, neighborhood parks shall be those which ware provided or required by Palm Beach County. Existing or approved recreation areas or parks serving exempt residential projects shall not be reduced belofv the adopted ievets of service for neighborhood parks. h. Reads Traffic generation from exempt projects shall be used in calculating background traffic for new projects and projects which are not exempt, in accordance with the Palm Beach County Traffic Performance Standards Ordinance. Road improvements and road impact fees which were required as a condition of the approval for exempt projects shall continue to be required. Use the Capital Improvements Element as a means ~o meet the needs of the ClOy for the construction of capital facilities to meet existing deficiencies, to accommodate desired future growth and ro replace obsolete or worn-out facilities. The Capital Improvemems Program will be revie~ved annually to meet the needs of the City. The City shall enforce the concnn:ency managemem system ro ensure that public facilities and services needed ro maintain adopted levels of service standards are available concurrent with the impacts of development. The conctm'ency managemenr system shall follow the guidelines and meet the requlrements established in Rule 9J-5.0055, F.A.C. The City shall establish formal procedures to limit public expenditures that subsidize development in the coastal high-hazard area. The City shall continue ro enforce the policy that limits subsidizing developmem in the coastal high hazard area defined as the barrier island and all areas within two blocks of the Atlantic Intracoastal Waterway between Northlake Boulevard and the Broward County Line by formulating a Post-Disaster Redevelopmem Plan that address the extent of rebuilding after a major storm event. The purpose of the Plan would be to identify any areas of the coastal high hazard area that would be restricted or developed in an alternative manner. The Post-Disaster Redevelopment Plan should be completed prior to the Five Year Comprehensive Plan update. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00- [ ER 9-I'4 Date: Jane, 2000 Capital Improvements Element Ordinance NS. 00-29 FORM RPM-BSP-SMALL SCALE-1 SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM Name of Locai Government CiW of Bovnton Beach Person completing this form Phone Number Name of Newspaper tlmt notice o£ small scale development amendment 5vas published Date Publication Noticed (Please attach copy of notice) Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5),FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant ro Section 380.06(2)(e), FS d. Outside categories a., b. and c. Ctm2ulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a. b. and c. above b. Categories listed in Item 2 d above Total number of acres of small scale development amendments in this package that are located within a Coastal high hazard area as defined in the comprehensive plan arsuant to Rule 9J- I 1.015(2), Florida Administrative Code, this form must be mailed with ali small scale evelopment amendments as defined by Section 163.3187(I)(c), Florida Statutes to: DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF STATE PLANNiNG PLAN PROCESSiNG SECTION 2555 Shumard Oak Boulevard TalIahassee, Florida 32399-2100 (904)488-4925 Transportation Element Data & Analysis Table of Contents Section Page Introduction .................................................................................................. 2-1 Data and Analysis ........................................................................................ 2- I Tables: Table 2-1 ............................................................................................ 9-3 Table 2-2 ............................................................................................ 2-4 Table 2-3 ............................................................................................ 2-5 Maps: t 998 Thoroughfare System ...................................................... Figure t 2015 Thoroughfare System ....................................................... Figure 2 2020 Thoroughfare System ....................................................... Figure 3 Functional Classification of Roadways ..................................... Figure 4 Maintenance Responsibility ...................................................... Figure 5 Public Transit System/Major Traffic Generators/Attractions ..Figure 6 Public Transit Corridors ............................................................ Figure 7 Intermodal Terminals/Rail & Port Facilities ............................. Figure 8 Existing Bike Paths and Routes ................................................. Figure 9 2015 Cost Feasible Plan-Pedestrian Facilities ......................... Figure l0 2020 Pedestrian Facilkies ........................................................ Figure i 1 Average Daily & Peak Hour Traffic Volume-1998 ................ Figure 12 2010 Average Daily Traffic Volume ....................................... Figure 13 2015 Cost Feasible Plan-Future Traffic Volumes ................... Figure t 4 2015 Cost Feasible Plan-Network Over Capacity ................... Figure 15 Transportation Concurrency Management .............................. Figure i6 Thoroughfare Rights-of-Way. ................................................. Figure 17 Evacuation Romes ................................................................... Figure 18 Appendix A City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-i Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Transportation Element Data & Analysis Introduction The Transportation Element is composed of the "Traffic Cimulation" which includes roads, pedestrian, bicycle, public transit and railroad systems. Traffic congestion, while nor as severe as some other areas in Florida, has still become a way of life in Boynton Beach tEroug~lout the winter season and even into the off-season. One of the goals of this Element is to reduce this congestion through a series of strategies and programs intended to improve traffic flow and reduce the amount of vehicular traffic by increasing the use of alternative forms of transportation. This is a mandatory Element with a new tide, which was a parr of the Comprehensive Plan known as the Traffic Circulation Element. It was updated along witE the rest of the Plan in 1989, but has not been amended since. Data and Analysis This Transportation Element contains maps and tables depicting numerical and graphic data, which describe the condition of tee Boynton Beach area transportation network, as it exists, based on the latest available data:. 2. 3. 4. 5. 6 7. 8. 9. lO il 12. i3 14. i5 16. [7. 18. Figure 1 - 1998 Thoroughfare System Figure 2 - 2015 Thoroughfare System Figure 3 - 2020 Thoroughfare System Figure 4 - Functional Classification of Roadways Figure 5 - Maintenance Responsibility Figure 6 - Public Transit SysterrdMajor Traffic Generators/Attractors Figure 7 - Public Transit Corridors Figure 8 - Intermodal Terminals/Rail & Port Facilities Figure 9 - Existing Bike Paths and Routes Figure 10 - 2015 Cost Feasible Plan - Pedestrian Facilities Figure 11 - 2020 Pedestrian Facilities Figure 12 - Average Daily/Peak Hour Traffic Volume- 1998 Figure 13 -2010 Average Daily Traffic Volume Figure I4 - 20t5 Cost Feasible Plan - Future Traffic Volumes Figure 15 - 2015 Cost Feasible Plan - Network Overlay Capacity Figure 16- Transportation Concun-ency Management Figure 17- Thoroughfare Right of Way Figure 18 - Evacuation Routes City of B oynton Beach EAR-based Comprehensive Plan Amendments 2-1 Revised: Jnne 20, 2000 Transportation Element Data & A~alvsis Since Boymon Beach is within a large metropolitan area, ir is important m show the conditions existing beyond the city limits, consequently, the maps and data extend beyond the City I/mits to the nearest major arterials. The transportation related maps and tables proyide an overview of both existing features and the future transportation system expansions based on: Treasure Coast Regional'Plamhing Council, the MPO, the PBUSA 2020 Cost Feasible Plans, Palm Beach County Comprehensive Plan and FDOT work pro,am. Additionally, Tables 2-i and 2-2 are developed based on FDOT I998 LOS Manual to gauge the performance of the networks on both AADT and peak hour basis see Figure 16). Tt~e inventory and analysis show that the majority of major roads (all arterials and most collectors) are under County or State jurisdiction. The data indicates that in 1996 the highest traffic voIume in the City was found at the 1-95 interchange south of Boynton Beach Boulevard at the southern approach to the City (i65.500 AADT). Locations were found and designated as "Major Traffic Generators" and the City had five problem corridors ar Hypoluxo Road, Boynron Beach Boulevard, Con~ess Avenue, and US 1 and all ofi-95, operating at LOS "D" or worse at some point during the year. There are also four intersections which are currently operating ar LOS "F": 1. Hypoluxo at Congress 2. Hyplouxo at High,R/dge 3. Congress at SW 23~a , and 4. Congress at Ocean Drive and SW 23~. The widening ofi-95 is expected to meet the existing latent demand for capacity based on the data regarding existing defrcienc~es; (See Attachment A) the impact of 1-95 on the comrnun~ty, and the existing level of service ho~vever continue ro be significant. The transportation market share for Tri-County Rail and Palm-Tran as well as pedestrian and bicycle facilities would have to increase through TDM strategy. Plans to develop new roads and ro increase the capacity of existing roads by the City, County, and FDOT woald have to be part ora multi-modal TDM oriented strategy in Iighr of the recem purchase of the CSX railroad corr/dor by the State and the increased ridership of Palm-Tran. A parallel rail tine along this corridor as well as rail with trail facilities with linkages ro open spaces throughout the City and the region can prove to be a wise investment in promoting alternate modes of transportation. City of Boynton Beach EAR-based Comprehensive Plan Amendments 2-2 Revised: June 20, 2000 Transportation E1emenr Data & Analysis Table 2-1 Generalized Peak Hour Peak Direction Level of Services (LOS) Thresholds LOS C LOS D Facility <1.99 SPM >2.00 Si= M <I.99SPM >2.00SP~ 2LU 820 520 880 790 3L2W* 860 650 925 830 2L1VV* 2100 1460 2220 2060 3L1VV* 3170 2260 3340 3100 4LU 1320 910 1390 1290 4LD 1750 1210 1850 1710 5LD 1750 1210 1850 1710 6LD 2640 1880 2780 2580 8LD 3240 2360 3400 3180 Facility LOS C LOS D 4LX 2570 3270 6LX 3950 5030 8LX 5390 6860 10LX 6740 8580 Source: FDOT 1998 LOS ManuaI, Generalized Volume ~rF[orida Urbanized Areas. Table 5-1/CIass I,]1, & Group 2 Key: Developed by Consu]ta'nt L Lane U Undivided D Divided W Way X Expressway SPM Signals per mile Example: 3L2W: Three lanes, two way City of Boynton Beach EAR-based Comprehensive Plan Amendments 2-3 Revised: June 20, 2000 Tr,'msportation Et,emenr Data & Analysis Table Generalized AADT Level of Service (LOS) Thresholds LOS C LOS D Facility <1.99 SPM >2.00 SP~ <1.99SPM >2.00SPi~ 2LU 15600 9900 16600 14900 3L2W* 16400 10400 17500 15700 2L1W* 20000 13800 21000 19500 3LlW* 30000 21300 31500 29400 4LU 24900 17200 39400 24400 4LD 33200 22900 35000 32500 5LD 33200 22900 35000 32500 6LD 49900 35500 52500 48900 8LD 61400 44700 84400 60100 Facility LOS C LOS D 4LX 49200 62600 6LX 75600 96200 8LX 103200 131300 10LX 129000 164000 Source: FDOT 1998 LOS Manual, Generalized Volume for Florida Urbanized Areas. Table 5- 4/Class [, 11, & Group 2 Key: Developed by Consultant. L Lane U Undivided D Divided W Way X Expressway SPM Signals per mile Example: 3L2W: Three lenes, wvo way City of Boynton Beach EAR-based Comprehensive Ptan Amendments 2-4 Revised: June 20, 2000 Transportation El. emen~ Data & Analysm Table 2-3 Level of Service, Boynton Beach 2000 Location Design AADT98 LOS PH98* LOS 98PHI AADT** -typciuxo Rd W. of Congress 4LD 31674 C N/A W. of 1-95 6LD 34485 B N/A E. of 1-95 4LD 30274 C N/A Gateway Bird W. of Congress E. of 1-95 4LD 26504 ? N/A Boynton Beach BIvd W. of Congress 6LD 33990 B 2450 3 7.21% E. of Congress 6LD 30316 B 2530 B 8.35% W. of 1-95 6LD 42572 B 1237 A 2.91% E. ofl-95 4LD 29855 C 2249 C 7.53% W. of NE 4th 4LD 13733 B N/A Ocean Ave E. of US 1 2LU 5006 B 716 B 14.30% Woolbright Rd. E, of Lawrence Rd 4LD 19576 B N/A W. of 1-95 4LD 34743 C N/A E. of 1-95 4LD 33187 C N/A E. of US 1 2LU 10213 B N/A 23rd Ave_ S. W. of Congress 2LU 9805 B N/A E. of Congress 2LU 11316 C N/A E. of 1-95 2LU 11891 C E. of Seacrest 2LU 6473 5 N/A Lawrence Rd N. of Gateway 2LU 11844 C kl/A N. of Boynton Eich BIvc 2LU ~ 1750 C Xl/A Congress Ave S. of Hypoluxo 6LD 29543 B N/A N. of Boynton Bch Blvd 6LD 38680 C N/A N. of Woolbright Rd 6LD 29091 B N/A t-95 N. of Gateway Blvd 6LX 144219 F 10503 F 7,28% N. ofBoynton Bch Blvd 6LX 152682 F 11186 F 7.33% N. of Woolbright 68~XX 165498 F I1927 F 7.21% At SW 23rd 153348 F N/A Seacrest Blvd S. of Hypoluxo N. of Boyn~on Bch Blvd S. of Boyntoe Bch Blvd N. of 23rd Ave N. of Gateway 4LD 10826 B N/A 4LD 13408 B N/A 4~D 16260 B NtA 4LD 21138 B N/A US 1 4LD I4136 B 1859 q. of Ocean Ave 4LD 18503 B 2049 = 11.07% N. of Woolbright 4LD 17683 B 1856 D 10.50% S. of Woolbdght 4LD 22223 B 2466 F 11.10% AIA N. of Woolbright 2LU 6734 B 993 F 14.75% S. of BoTmon Inlet 2LU 8223 B 625 C 7.60% * This information is raw data supplied by FDOT and has not been adjusted seasonally or by axle factors. ~'~Ratios may be used for future projections (LaRue ?lanning & Management Services, Inc.. 2000) Source: Evaluation and Appraisal Report. Table 2-5, LaRue Planning & Management Services. Inc. 2000 City o£Boynron Beach 2-5 Revised: June 20, 2000 EAR-based Comprehensive Plan Transportation ~emenr. Amendments Data & Analysis D 13.15% LEGEND: 41 HYPO~UXO ~L RD 4L 4L 2L 2£ TWO LANES 4L FOUR LANES 6[. · SIX LANES 8L EIGHT LANES '[ OL TEN LANES SOURCE: Faire Beach County Er<jineedng and Public Works £OYN7' BE CH £ flSIY£ 1998 Thoroughfare System LaRue Planning & ~Ianagement Services, Inc. Fort i'Vlyers, FIorida, 2000 . -- FIGURE I i/ Thoroughfare System SOURCE: '1998 Comp. P/al3 E.A.R. #.?.S. ~arue Ptarm~ & g/Lanagemen~ Serv/ces, Inc. orr ~l~yers, 3-lorida, 2000 4L LEGEND: / / ' I 4£ 4L 2L TWO LANES 4L FOUR L~.NES 6L SIX LANES 8L EIGHT LANES l OL TEN LANES 4L Source: Palm Beach Counry D~[.P 0 - -] BO Y#TL~ £E,4£17 £OMPITEh~NSI Y£ PL /A~ 2020 ThoFou~hf~e $¥slem LaRue Planning & ~Ianagement Services, Inc. Fort i~4[yers, Ft0rid,~, 2000 FIGURE 3 CN IX~5~ PI] CC r/ : CC CC - C~ ¢ L - CIT'f C0LLE~O~::~ SOURCE: 1996 Comp. Plan E.A.R. Z~O Y#TON BEACH CO/¢tT£HENSI Y£ PL ~ ' Functional Classification of Roadways FIGURE 4 LEGEND Lsrue l~Imnning & ~$ement Service~, Lnc, So~ ?viyer$~ Florida, 2000 FIGURE 5 LEGEND = / BEACH £C~E/-/E/VSI FE PL /Ff Part~_r~ Facilities Attracfions LaRue ~'lannh~g & Nlanagement Services- Inc. For~ ~Iyers, Florid~'~ Public Transit System/Major Traffic'Generators/Attractions, 2000 Fl6 URE 6 t t / I ~NER RD GATEWAy OLD B CNTON RD BOYNT( BEACH BLVD 23 AVE T LEGEND Rail }~[ghway ,.~ BONTON BE~Et C~EI~#S~F£ Publi~ Transit Corridors rD Larue P~ & ?¢ianageme~ Ser¥ices, Inc. t%rt ?flyers, Flor/da, 2ooo FIGUR-~ 7 ~ E F_HO /% IntermodM Terminals! RaiI& Pori Facilities · 2000 FIGURE 8 ~OURCE: 1996 Comp. Plan Existing Bike Paths and Routes Fort 1Yiyers, FloHdz, 2000 FIGURE 9 Pedesb-fan ~aciliD'es Sour-co: 1996 Col'rip. plan £ONf¢/ BEACH £~i~/SII/E ,PL~ 2015 Cost Feasible Plan ~ Pedestrian Facilities Ft, ~[y~rs, FL, .2000 FIGURE 10 Source: Pahn Be=ch Coon~? ~f.P.O. LaRue Planning & i'VIanagement Services, Inc. Fort ~Iyers, Florida, 2000 . f?. !/8 ~f~Ld~O I A - L~;-~7- ~2~ ZE~YlE'Z £3, 'Sour-ce: Pah~n Beach County i%LP.O. 2010 Average Daily Traffic Volume LaRue ~tannin~ & ~4anaqement SErvices. Inc. Ft. Mvers, FLr 2000 F~GURE 13 k' Z/ Z~ Z2 /2 Z/ 2/ . /7 /:5- Legend P~i~a Be~ch County b~.P.O. 1996 Comp. PIan E.A.R. 2? AVERAGEDAILYTRAFFtCVOLUME(x~'O00) BOYN?O/f BE/CH COtE~Eh~NSIVE PL/~V ~a~u~ ~.~ >~.~ Services~ Inc. 2015 Cost Feasible Plan - Future Tra~c Volumes ~t. ~r',. ~, 2ooo FIGURE i4 RD IHO~OGH~A~ ~tGHT O~ WAY LaRue Planning & l'%lanagemen~ Services Inc. "Fort ~Iyers, Ftori'~i'~'I 2000 FIG~J RE 17 MINER OLD E YNTON RD BOYNTOb, BEACH ELVO WOOLER J / ! BOYNT~ BE/CH £~HE#SIYE PLW~ LaRu,e Planning & ~Ianagem~nt Services,..Inc. Attachment A Year 2015 Cost Feasible Traffic Circulation Plan Map 2.10 displays the 2015 "cost feasible" transportation system prepared by the MPO in November, 1995. "Cost feasible" networks balance roadway improvement needs with projected revenues. The network may nor in all cases provide the desired levels of service; however, funding constraints must be recognized, tt is important to note that the MPOs planning efforts have broadened to include more than the roadway network. Consistent with' 1992 revisions to Federal law, metropolitan planning efforts now embrace a muki-modal approach. Maps 2.11 and 2.12 depict future bicycle and pedestrian facilkies in the Boynton Beach area. Among the issues of impormn~ to the City at the present time is the inclusion ora bicycle and pedestrian linkage across the proposed new Ocean Avenue bridge to the barrier island. Map 2.13 depicts the links which are projecte4d tc be deficient in 2015 The MPO noted that deficiencies may arise through constraints on roadway expansion, due tn physical or policy constraints for environmental features, the extent of development, or due to policy issues which limit the expansion of surface streets to 6 lanes. Roadways may also be deficient due to lack of funds. Projected deficient links in Boyuron Beach and their "constrained~' status are: Flypoluxo Road, in the vicinity of t-95 overpass (presumed physical constraints); Gateway Boulevard, in the vicinity of the 1-95 overpass (presumed physical constraints); Boynton Beach Blvd., from Old Boynton Road to Seacrest Blvd. (constrained due to number of lanes); 4. Wootbright Road, from 1-95 to Seacrest Boulevard (no constraims on expansion); 5. Congress Avenue, from Woolbright Road to SW 23~ Avenue (no constraints on expansion); 6. US I, from Woolbrighr Road to SW 23ra Avenue (constrained due to maximum number of lanes); 7. 1-95 from Woolbright Road to Atlantic Avenue in Delray Beach (constrained due to maximum number of lanes). Most of the lane miles in Boynton Beach are projected to operate ar acceptable levels of service in 2015. If traffic growth proceeds as projected, there will be network deficiencies in the southeastern comer of the City; however, these links do not constitute a major portion of the roadway network. Source: City of Bovnton Beach Comprehensive Plan Evahtation and Aporaisa! Report, February 1997, Berryman & Henigar, p.2-I6 Palm Be&ch County Property Appraiser Property Search System ----KRISPY KREME - EXHIBIT Palm Beach County Property Appraiser Public Access System GAR Y R. NIKOLITS, CFA ~5 Owner Parcel Control N~tmber I , Owner Name I[ Sims Aadress I STANLEY J'C)HN C & IMARG-ARET 11640~}k7~¥ 1ST AVE [108-43-4%29-01-0~5-0080 Confirmation Information Address: [ ST AVE ,JILAKE BO~( NTON ESTATES PL 1 Le~a~'IILTs 8 & 9 m'C BLK 5 I I IBOYNTON BEACH FL 33426 4302 I I 2001 Certified Appraisal Improvement Value: I $84.068 Number of Units: 1 520,900 2A55 Land Vat,e: Tot~} Sq. Market VaLue: $ I0&968 [ Acres: .28 Use Code: Description:lls~c~LE FAMILY I1 Petition ~o:11oooooo I 2001 Certified Tax 2{}0t Certified Assessed & Taxable Values Ad Valorem: $I,653.65 Assessed V~ae: $92,3 l&00 ~on ~a Ya~o~em:ll Exemption amoum:ll $25,oo01 total:Il sx.v5~ 6511 1a~able:ll ~67314.00I 2001 Exemption Description: REGULAR HOMESTEAD Exemptio~ STANLEY JOHN C & Holder, MARGARET Code: HX Percentage: t00 http://www.co.p alm-beach.fl.us/papa/detail_info.asp ?p_entity=08434529010050080 2/5/02 Palm Beach County Property ,Apprais? Property Search System Page 2 of 2 Sales Information ,Sales Date Book u xg*6 1] 0~0o2 Please send comme~ls to :propapl~co. palm-beach.fl, tts> Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved ht tp ://www.co.palm-beach.fl.us/papa/detail_info.asp?p_emity=08434529010050080 2/5/02 .... ~, prope~Y ~a~Beac~ Co~m~ ~ p Beach ?~*~'~cesS Syste~ palm Gff~y R. NiKOLITS, cr ~eree~t~ge: · _ 9p e~6tT~O$4345Z90100ZO063 palm Be~ch Cotmty Property Appraiser ProPerty Se~h ~i~em Palm Beach County Property Appraiser Public Access System GARY R. NIKO£ITS, CFA Page 1 of 2 Owner Name Owner Information SiIns Adcl~ress Parcel Control ~ 1~7 1ST AVE ~t-005-02o0 _________ii Confirmation Information BO~TON ESTS PL 1 Date: NW IST AVE I~[LA[CE BOYNTON ESTS PL LT 23 ;42643021 I I 1001 Cerfi~ed Appraisal 1 Improvement Value: Land Market Value:][ $69.791 Namber of Units: S12.540 Total Sq. Ft: Description'S. ~INGLE FAMILY l[ pe [ O0000 -1 2001 Cert~i~ed Ta 200t Certified Assessed & Taxable Values Assessed Value: Exemption amount:II [ Ad Vabrem: $805~27 $5T780.C Nor~ aa valorem:[[ Sl 05.0011 $25,000] Total:Il $9X0.2711 Taxable:II $32.780.00I 2001 Exemption Description:t REGULAR HOMESTEAD Exemption ,~ Holder:[ JONES TERRY Code: Percentage: http ://w-trw.co .palm-beach.fl-us papaJdetail_info .asp?p-entity=08434529010050230 2/5/02 palm Beach: Co~ty Property Appraiser Property S~le$ I~format~on Page 2 of 2 Please sead comments to: propa~O4g~¢~-beach'fl'u~s>- Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved http://www.co.palm-b each.fl-us/papa/detail-inf°'asp?p-entity=08434529010050230 2/5/02 Palm Beach Cotmty Property .Appraiser Property Se~eh System Page 1 of 2 Palm Beach County Property Appraiser Public Access System GAR Y R. NIKOLITS, CFA Owner Information II Situs A~d, ress I[ 11656 NW }ST AVE Parcel Control Number 1108-43-45-29-01-005,-0230 I No Mortgage Holder [,nforraation Avait~*le I No Mortgage Code Infol2xation Avaii£t~lc 2000 Certified Tax detail A~ Valorem ] Non Ad Y~torem Boy,ton Beach [[ 13.48SOL~ WASTE Boynton Beach II 256.21 AUTHORITY co=~,wid~ II 1.26 co~=~:, wia~ II i2.62 Count: Wide H 149.15 ]* CountyWide II 18.69 I* Co~ty Wide II 37.70 IPBC ScN°°I B°ard [I t3.14 I* ~PBC School Boazd ]l 194.55 l* PBC School Board 1[ 85.62 l* SOUTH FLa W:'~T~R I* M~AGEMENT DIST. 19.57 I* SOUTH FLA WATER 3.28 l* MANAGEMENT DIST. I* · OTX~ II ,805.27 Please send comments to: propapp~co.palm-beach.fl, us> http://www.c~.pa~m-beach.~.us/papa~tax-detai~.asp?entity~id=~8434529~ ~5~23~&tax~vear... 2/5/02 Palm Bea~ch County Property Appraiser Property Search System ! --K~Sp¥ KREME - EXHIBIT Palm Beach County Property Appraiser Public Access System GAR Y R. NIKO£ITS, CFA Owt~er t~formation Address: OYNTON ESTS PL 1 Date: ST AVE BOSfNTON BEACH FL 33426 4302 LAKE BOYNTON ESTATES PL 1 9 L%TC BLK 5 2001 Certified Appraisal Improvement Value: S84,068 Land Value: 1 g20,900 Market Value:t~St04~[ Number of Units Total Sq. Et: 2.155 Acres:J[ Use Code~7 Descrip~io~ S[S.rNGLE FAMILY ][ Petition No~[~00000 --~ 200t Certified Fax 200t Certified Assessed & Taxable Values Ad Valorem: $i,653.65 Assessed Value: 592,514.00 Non aa valorem:II $105.00[~ Exemption amoual:l~ $25,0001 200t Exemption Deseriptlon: REGULAR HOMESTEAD Code Exemption ]STANLEY JOHN C & Pereenta e: Holder: MARGARE~ g http://www.co.palm-beach.fl.us/papa/detail_info.asp?p_entity=08434529010050080 2/5/02 P~tlm Beach CoUnty Property Appraiser Pr0Pe~Y ~earch g3~i~ Page 2 of 2 Sales lraf~rmat~on [] ~aLe_s.D.a,e [[ Book ~] Aug-t986 [[ 05002 Please send comments to: propapp~:o, palm-beach.fl, us> Cop~Tight © 2000 by Palm Beach County Property Appraiser All Rights Reserved http://www, co.palm-beach.fl.us/papa/detail_info.asp?p_entity=08434529010050080 2/5/02 Palm Beach Co~lnty Property, Apprhser Propexty Search System Page 1 of 2 Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Owner Information Sit-as N-W 1 ST AVE Parcel Control Number [108-43-45~29-0 Confirmation Information Subdivision: LAKE BOYNT©N ESTS PL 1 Book: 10487 Page: 1998 Sale Jun-1998 --~ _ __ __ - .Date: ... . ~29NW tSTAVE ~ ~.~. L~.BO~TON ESTATES pL 1 W ~aaress~ ~' v 5 F~ ~ ~ .... - ~ ~. ~ ~ ~l o, ~ 3~ FT OF [ LT 7 (LESS SR 804 & ~-95 ~W),E 35 ~Z OF Lr I2 AW2.5 FT OF IBO~ON BEACH FL 33426 4301I ~LT t3 BLK2 2091 Certified Appraisal Laud Yatae: I Market Value:II $8,360 $65A571l Description~ S~.~qGLE FA~MILY rotal S~ Acres:J[ Petition Nm 200t Certified Tax Ad Valorem: S856.27 Non ad valorem:II S105.0£ 200t Cerfi~ed Assessed & Taxable Values Assessed Value: Exemption amount:Il 560,356.00t $25.500I Taxa~te:[I $34,856.00i 20~1 Exemption Code: Percentage: 10O Exemption Holder: BAPT[STE LOURDES J htrp//www co palm beach fl us/papa/detml info as v enlat : ' ' - ' ' '_' . P.P_ ' y=08434529010020063 2/5/02 Palm Beach County Property Appraiser Property Search System Page 2 of 2 Sales Information 8 Il ~0487 [I 1,928 WD Sep-I997 II 10061 [1 0777 I s~-~997 II ~oo~ II0206 Ju1-1991 ~ 06914 ~ 0327 J~-1988 ~l 05538 ~ 1t98 Please send c(~mmems t~) :l!Lopapp~_,co.patm-beach.fl. us> Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved h ttp ://www. co.palm-beach.fl.us/papaJ detail_in£o :asp ?p_enti ty=084 3 4 5 2 901002 006 3 2/5/02 Palm Beach Cmmty Property Appraiser Property Soafeh System Page 1 of 2 Palm Beach County Property Appraiser Public Access System GAR YR. ~%TKOLITS, CFA Owner Information Parcel Control Number 08-43-45-29-0~-005-0230 L.~4~E BOYNTON ESTS PL 1 5T AVE IBOYNTON BEACH FL 33426 4302 ILAKE BOYNTON ESTS PL1 LT 23 I "~*-*'ll& E 10 FT OF LT 24 BLK 5 l 2001 Certified Appraisal Pefft~on No:II000000 2001 Certified ]'ax Ad Valorem: S805.27 ' Total:[[ $910.27[[ Exemption 2001 Certified Assessed & Taxable Val~es S5T780.0(~ S25,0001 $32,780.001 20{)t Exemption Description:1 REGULAR HOMESTEA~}[ Code: http ://www.co.palm-beach. fl.us/papa/detail_bafo.asp ?p_entity=08434529010050230 2/5/02 Palm Beach County Property ~Apprm.ser PropertY~'eg~ch System Page 2 0£2 Sales tn~brmat~on Please send comments to: pt~4~_itlVp~)ga.~ql_~ Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved http://www.co.palm-beach.fl.us/papaJdetail_info.asp?p_entity=08434529010050230 2/5/02 Palm Beach Coanty Property ,Appraiser Property ~6~h ~}¢s{~l Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Page 1 of 2 2000 ertmed Tax detai! 13,48 SOLID WASTE Beach 256,21 fY 105.00 ' Widc ~ t.26 t 2.02 Wide , 149. W/de , 18.69 Wide 37.70 I3.t4 Board ~94. Board 85.62 19,55 DIST. gOUTH FLA WATER .MENI DIST. 3.28 $805,2.7 5105.00 Please send Comments to: a'm-'-#_e-,.*.oen :us> 2/5/02 I~ISTORY Page 1 of 3 In 1933, Vernon Rudolph, the founder of Krispy Kreme, bought a doughnut shop in Paducah, Kentucky from a French chef from New Orleans. He received the company's assets, good will, and the rights to a secret yeast-raised doughnut recipe. It wasn't long before Rudolph and his partner decided to look for a larger market. They moved their operations to Nashville, Tennessee, where other members of the Rudolph family joined the business and opened shops in Charleston, West Virginia, and Atlanta, Georgia. At first, the business was primarily delivery-selling doughnuts to local grocery stores. Then, during the early summer of 1937, Rudolph decided to leave Nashville to open his own doughnut shop. He took with him two other young men, a 1936 Pontiac, $200 in cash, doughnut- making equipment, the secret recipe and, most importantly, the name Krispy Kreme Doughnuts. After some\disappointments searching for a new location, Rudolph http://www, krispykreme.corrdhistory.html 1/2/2002 ,HISTORY Page 2 of 3 settled in Winston-Salem, North Carolina. During the late 1930s the city was developing mto an econormc hub m the Southeast vath thversffied industries such as tobacco and textiles. "Why not doughnuts, too," said Rudolph. The three parmers used their last $25 to rent a building across from Salem College and Academy in what is now called historic Old Salem. With too little money left to buy ingredients, Rudolph convinced a local grocer to lend them what they needed in return for payment once the first doughnuts were sold. Next, Rudolph needed a way to deliver the doughnuts so he took out the back seat of the Pontiac and installed a delivery rack. On July 13, 1937, the first Krispy Kreme doughnuts were made and sold at the new Winston-Salem shop. Soon afterward, people began stopping by the shop to ask if they could buy hot doughnuts. The demand was so great that Rudolph opened the shop for retail business by cutt'mg a hole in the shop's wall so he could sell the doughnuts. This innovation was the beginning of Krispy Kreme's modem-day window service. Krispy Kreme is best known for its fresh, glazed, yeast-raised doughnuts, "Krispy Kreme Original Glazed," which stores announce to their customers with the unique glowing red "Hot Doughnuts Now" sign. Krispy Kreme also makes more than a dozen other varieties of yeast-raised and cake doughnuts, real fruit pies, cinnamon buns and several varieties of snack foods. IHtSTORY] [TASTE] [COLLECTIBLES] [EMAIL] http://www.krispykreme.com/history.html 1/2/2002 I4~. STORY Page 3 of 3 ;~11ol KRISI}Y ~KREItlE DOUGHNUT COFIP. 370 ~, SI~, 800 http://www.krispykreme.com/history.html 1/2/2002 1 515 North Flagler Drive 11 Suite P200 West Palm Beach, FL 33401 E SQUIRE- 800.330.6952 DEPOSITION SERVICES 561.659.4155 Fax 561.832.9330 Elizabeth Schiller marw•esquirecom.com Court Reporter Dirotirr Across Toms or Across The Nation NIFGR MELANIE GROUT REPORTING, INC. I Patty McCoy 120 S.Dixie Highway,Ste.204 • West Palm Beach,Florida 33401 1-800-545-1570 • (561)659-0330 • Fax(561) 659-6188 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk/p~ior to the start of the City CommiSsion Meeting. Name ;~2{~~ Telephone # ~ ~i~L~,~ Summa~ of Matter to be Ad~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedinss is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate aux/liary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, prosram, or activity conducted by the City. Please contact Joyce Costello, {$61) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City COmmission Meeting. Name ~ i~b~V Address 3I'0C/ ~[~ Summary of Matter to be :ssed ~0~L ~0~/~J~ )~/~//~//~ If a ~ to appeal any decision made by the City ~ith respect to any matter Consid~ed at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a ~rba~m record of the proceedings is made, which record includes the testimony and e~dence upon which the appeal isto be based. {F.S. 285.0105) The City sh~ furnish appropriate a~ia~ aids and se~ces where necessa~ to ~ord an indi~d~l with a disability an equal opportunity to participate ~ and enjoy the benefits of a se~ce, program~ or acti~ty conducted by ~ City. ~ease contact Joyce Costello, (561) 742-6013 at least twen~-four ho~s prior to the program or acti~ty in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in .the information called for below and give to the City Clerk prior to~ the start of the City Commission M.~ .eting. .~ Name _~/(~. _~ ~!, d L~ ~ }~OL~ Telephone ~ ~ ~ - ~ ~ Summa~ of Matter to be Addres~ed ~0%C~ ~Y~d rf~e~¢ ~ If a p~r~n decides ~o appeal any decision mad~ by the City ~mmi~ion with respect to any ma~er considered at ~is meeting, he/she w~l need a record of the proceed~ and, for such purpose, he/she may need to ensue ~at a verbatim record of th~ proceeders is made, which record ~clud~s the test~ony and evidence upo~ which the appeal is to be based. {F.S. 286.010~} The C~y sha~ ~rni~ appropriate a~ aids an~ s~es where n~c~a~ to afford an ~di~d~ with a d~ab~y an equal opportunity to p~tlcipat~ in and enjoy th~ benefits o~ a se~ce, pro,ram, or acti~ty conducted by the City. Please contact Joyce Cost,Ilo, (561) 742-6013 at least ~enty-~our ho~s prior to the pro~m or acti~ty in order for th6 city to reasonably accommodat~ BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cler}~/prior to the Commission Meeting. Name ~ifi/~/ ~'~7~/~ ~ f~ l~ start of the City Address Telephone# Summary of Matter to If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and e~ridence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ pro§ram, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the CitY Cler~rior to the start of the City Commission Meeting. ~ Name ~]~t'~ ~0..~_ }J¢~ ~-~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # // Agenda Summary of Matter to be ressed topic per card) ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she wfil need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxfiiaxy aids and services where necessary to afford a~ individual with a disability an equal opportunity to participate in and enjoy the benefits of a sermce, program, or activity conducted by the City. Please contact Joyce C0stello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably acconunodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone, Agenda Summary~_~ ~°f Matter.~//e~Q.~to be Addressed -~~er ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, whichrecord includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity To participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (B61} 74~-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CAI~ AGENDA ITEMS Summary o~ M~a~ter to b~ ~Addresse Agenda - {One~t~pic per card) if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceed/ngs is made, which:record includes the testimony and evidence upon which the appeal is to be based. (F.S, 286.0105) The City shall furnish appropriate auxiliary aids and se~ices where necessary to afford an individual with a disability au equal opportunity to participate in and enloy the benefits of a service, program, or activity conducted by the City. Pisase contact Joyce Costelio, [5611 742-6013 at least twenty-four hours pr/or to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ~ jJ Telephone - (One topic per card) Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetings he/she will need a record of the proceed/ngs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedinEs is made, which record in~.ludes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City shah furnish appropriate auxiliary aids and se~ices where necessary to afford an individual with a disability an ~qual opportunity to participate in and enjoy the benefits of a semce, program, or activity conducted by the City. Please contact Joyce Costello, {561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Address ? Telephone# ~'~ ~0~ // Summary of Matter to be At Fill in the information called for below and give to the City Cl~e~pr/or to the start vf the City NameC°mmissi°n Meeting~[/~,(? ~ ~-~' ~ ~f~z//// ~ Agenda # One topic per card} [fa person decides to appeal any decision made by the City Commission with res~ec~t~any~0a~ . considered at this meeting, he/she w/Il need a record o£ tile proceedings and, for such purpose, he/she may need ~ensure th~ erbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appe~l~is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and serq/ces where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a sexv/ce, program, or activity conducted by the City. Please contact Joyce Co~[ello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for /he city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name /~}..~, -? g/-}~) ~f-~ Summa~ of Matter to be Addressed - ~One ~per card~ The City shall ~n~h appropr~ a~ia~ aids and se~c~ where neces~ to afford an ~i~d~l w~h a d~ab~y an equ~ opport~ty ~ ph~icipate in and enjoy the benefits of a se~, program, or acti~ conducted by the Ci~. ~ease contact Joyce Costello, (561) 74~013 at least ~enty-fo~ ho~s prior to the program or ac~ty in order for ~e city to reaso~bly accommodate yo~ ~quest. BOYNTON BEACH CITY COMMISSION MEETING 'PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. / Address ~ ~ 267~/~ ~/~/~/ ~// Telephone ~ V~ ~/~ /// Agen~ ~ Summa~ of Matter to be A~dressed - ~opic per card) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the city. Please contact Joyce Costello, [56~) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA PROJECT NAME: Corina Collin Center, LLC APPLICANT'S AGENT: Philip Aguirre with P. A. Design Group APPLICANT'S ADDRESS: 5450 Griffin Road Davie, FL 33314 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RE/EF SOUGHT: New Site Plan LOCATION OF PROPERTY: North side of Woolbright Road, approximately 265 feet east of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Ftodda 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 TH S 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 Ap01i?.ant ~. 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". he Applicant s apphcabon for relief ~s hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the properly shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ,:~--~--,q S:~Planning~SHARED\WP\PROJECTS\Conna Collir EXHIBIT "C" Conditions of Approval Project name: Corma Collin Center, LLC File number: NWSP 01-018 Reference: 2ndreviewplans identLfied as New Site Plan. File # NWSP 01-018 with a January 8, 2002 Planning. and Zonin~ Department date stamp marking. - DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Indicate, by note, that the color and iexture of the dumpster enclosures shall X match the building (LDR, Chapter 9, Section 10.E, and City of Boyaton Beach Standard Drawing A-88007). Show on the detail that drop pins and sleeved holes will be provided to secure dumpster enclosure gates in the open and closed positions. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X reqmr.' ement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the reqmrement imposed by insurance underwhters, whichever is greater (see CODE Sec. 26-16(a)). F1RE Comments: None X POLICE Comments: None X ENGINEEILING DIVISION Comments: 3. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9). 4. Provide drainage design data for site drainage as specified in the LDR, X Chapter 6, Article IV, Section 5. Show flow arrows on Paving, Grading & Drainage Plan. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F.). Any work done within the fight-of-way COA 01/22/02 2 DEPARTMENTS INCLUDE REJECT and/or to existing facilities within the right-of-way will require review, approval and permitting by Palm Beach. 5. Provide evidence that the Lake Worth Drainage District is in agreement w/th X the outfalI fromthe exfiltration trenches into Canal L-26. 6. Lighting will be required for the north antrance. X 7. Provide evidence of a cross-access agreement for the two driveways on the X west boundary of the proposed development. 8. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 9. Provide details ~xnd typical sections for sidewalk and paving conforming to X the LDR, Chapter 23, Article II.E. Provide a typical section for swales (LDPs Chapter 6, Article IV, Section 5). 10. Proof of other agency permits shall be required prior to the issuance of the X paving and drainage permit. 11. Please add a vicin/ty map to the boundary survey. X 12. Show a graphic scale with the written scale, all sheets. X BUILDING DMSION Comments: 13. At time of permit review, submit signed and sealed worldng drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 14. The applicant should indicate on the plans the newly planted trees that are X replacements (separate symbol) for the removed trees. These trees should be in addition to the Landscape Code required trees on the site. PLANNING AND ZONING COA 01 23/02 3 DEPARTMENTS / iNCLUDE [ REJECT Comments: 15. Staffmust receive confn-mation from the Palm Beach County Traffic Division X that the project meets the Traffic Performance Standards of Palm Beach County. 16. The monument sign's max/mum allowable signage area is 64 square feet on X each side. Clearlyidenfify the site address at the top of the monument sign as well as the base color. 17. The site plan tabular data must indicate the correct required front and side X building setbacks (30 feet and 10 feet respectively) for the subject property. In addition, accurate proposed building setbacks must be indicated in the tabular data as well. 18. A minimum of forty-six (46) parking spaces are required and must be X /ndicated as such in the site plan tabular data. 19. All requ/red trees shall be 3 caliper inches when planted (Chapter 7.5, Article X 1I, Section 5.C.2.). This minimum planting standard shall be indicated on the landscape plan. 20. Landscaping at project entrances shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II, Section 5.G.). Provide one (1) additional signature tree, such as Yellow Elder, Tibouchina granulosa, or Bougainvillea at each side of the project c~ntrance at Woolbright Road. These signature trees shall have a minimum of six (6) feet of clear trunk to preserve the clear sight area. 21. At least fifty (50) percent of the site landscape material must be native species X and verified as such in the tabular data of the landscape plan (Chapter 7.5, Article II, Section 5.P.). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. Project colors shall be compatible with adjacent buildings. X COA 01/22/02 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 23. To be detemd~ed. MWR/elj \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Corina 3ollin Center, LLC\COA.doc Lo tio n Map Corina Collins Cen~er, LLC. EXHIBIT "A" 8OO 0 800 1600 Feet N l EXHIBIT "B" ri .:!!Il:: Ji ii ii[[ EXHIRIT "B" II I Il I II I II I II 1 .L!__J EXHIBIT "B" EXHIBIT "B" I EXHIBIT "B" EXHIBIT "B" / / / / DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Golden Corral APPLICANT'S AGENT: Jeffrey Silberstein / Silberstein Architects, Inc. APPLICANT'S ADDRESS: 524 Northeast 2na Street Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: West side of Winchester Park Boulevard, north of Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" A1-FACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda On the date ~ibove. 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 th~ date 0f 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 sougnt was mede by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appl?..a nt _~_ HAS HAS NOT established by substantial competent evidence a basis for the relief reque_sted. 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 \\CH\MAIN\SHRDATA\PlanminD~SHARED\WP\PROJ ECTS\Golden Location Map Golden Corral EXHIBIT "A" 8OO 0 800 1600 ' 2400 Feet [R1AA EXHIBIT "B" EYblI~IT '~ EXHIBIT "B" ~:~~. , ..... ~ .... , .... ~.~ ................ :z'~-__:,- ~ --~=~=~ ...... I ~ ---~.~_._ ~, , ........... GOLDEN CORRAL RESTAURANT EXHIBIT "B" J! i EXHIBIT "B" ii i .-'i! 8888 EXHIBIT "B" 8888 8888 8 ~8 88 BIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" New Site Plan Project name: Golden Corral File number: NWSP 01-019 Reference: 2~a review plans identified as New Site Plan. File # NWSP 01-019 with a Januaw 8, 2002 Planning and Zoning Departmant date stamp marking. DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS - Genre'al Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. Water and sewer rmes to be owned and operated by the City shall be included X with'm utility easements. Please show all proposed easements on the engineering drawings, using a mirfimum width of 12 feet. The easements shall be dedicated via the record plat or by separate instrument to the City as stated in the CODE, Section 26-33(a). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Sidewalks adjacent to parking lots shall be continuous through all dr/veways X and shall be 6 inches thick witt~m driveways (LDR, Chapter 23, Article 1I, Section P). 3. Indicate sight triangles graphically on site plan and landscape plan. Sight X triangle requirements must be met at all points of ingress and egress, as well as at all intersections. 4. Specify rrdnimum compressive strength of 3500 psi for the concrete pavement X _ (LDR, Chapter 23, Article 1~, Section Q). BUILDiNG DMSION COA 01/22/02 DEPARTMENTS INCLUDE REYECT Comments: 5. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 6. At time of permit review, submit signed and sealed worldng drawings of the X proposed constmction. 7. At time of permit review, submit a copy of the recorded resolution that X vmSfies the abandonment of the alley, right-of-way or easement.. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. The applicant must keep the existing trees and landscape material approved in X the Wal-Mart perimeter landscape buffer plan. The plans incFmate the removal or relocation of trees and shrubs along this major roadway. PLANNING AND ZONING Comments: 9. Currently, the proposed colors of the bnilding are Benjamin Moore Creamy X Orange 2166-50 and Benjamin Moore Adobe White 2166.70. If the proposed builcYmg colors change during the permitting process or any other time in the future, the new colors of the building and base color of the monument sign must conform to the Wal-Mart Center Master Plan Design Standards June 1999 as well as Chapter 9 - Community Design Plan of the Land Development Regulations. 10. This project will require a cross-access agreement with the Wal-Mart property X to the west. Prior to the issuance of any permits, the Wal-Mart site plan must be administratively approved for a minor site plan modification to allow for the new entrance (southwest comer of Golden Corral property). 11. Since the southern drive aisle eliminates slx (6) of Wal-Mart's excess parking X spaces, the same number of excess parking spaces for the Golden Corral must _ be preserved for Wal-Mart use and represented as such in the cross-access COA 01~2~2 DEPARTMENTS INCLUDE REJECT agreements. 12. The site plan tabular data must identify the Land Use designation (LRC) for X the abutting property to the west. 13. No building permit shall be issueduntil the WalrMart plat is recorded. X 14. The landscape plan must provide an accurate tabular summary of proposed / X required trees and shrubs. 15. The l~ed Tip Cocoplum shall be a minimum.of 24 inches in height, 24 inches X in spread and planted with tip-to-tip spacing immediately after planting (Chapter 7.5, Article 1I, Section 5.D.). 16. At least fifty 50 percent of the site landscape material must be native species X and verified as such in the tabular data of the landscape plan (Chapter 7.5, Article II, Section 5.P.). Provide tabular data to confirm the same. 17. The landscape plan tabular data indicates 172 Dwarf White Indian Hawthorn X but graphically shows 206. This discrepancy must be corrected. 18. Staff must receive confirmation from the Palm Beach County Traffic Division X that the project meets the Traffic Performance Standards of Palm Beach County. 19. Based on the current building dimensions, the maximum allowable area for X all wall signs shall not exceed 225.75 square feet (Chapter 21, Article IV, Section 2). The total signage area for each sign should be accurately reflected in the table format as well. 20. Staff recommends preserving the existing on-site plant material. In addition, X staffrecommends adding Croton and Society Garlic groundcover along Winchester Park Boulevard in order to be more consistent with Sonny's Bar- B-Q eastern perimeter landscaping. Also, at the southern entrance of the subject site, add Crinum Lily groundcover and substitute the proposed Drake Elm (proposed in the landscaped island) with a cluster of Sabal Palmetto trees to be more consistent with Wal-Mart's existing perimeter landscape material. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: [ None I X ADDITIONAL CITY COM2ViISSION CONDITIONS Comments: ~ ~ C0A 01/22/02 4 DEPARTMENTS To be determ/ned. INCLUDE J REJECT MWR/elj \\CH\MAIN\SHRDATA\PIanning\SHARED\WP~PROJECTS\Golden CorraI\NWSP 0t-019\COA.doc " DEVELOPMENT ORDER OF THE~ CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villas @ Quantum Lakes APPLICANT'S AGENT: Mark Hansen APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs FL. 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RELIEF SOUGHT: Major modification to existing site plan for additional 42 units. LOCATION OF PROPERTY: Quantum Lakes Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __x__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the datb 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 heam before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 .~ Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief r~quested. 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: S:\Plann mg\S HARED\WP~PROJECTS\Villas at = - ' Clerk EXHIBIT "C" Conditions of Approval Project name: Villas ~ Quantum Lakes File number: MSPM 01-002 Reference: 2=a review plans identified as Major Site Plan Mochficafion File# MSPM 01-002 with a January. 15. 2002 Plan_rdng & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT pUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The applicant shall sign a utility hold harmless agreement regarding future X utility repairs to those improved areas within the existing (and newly proposed) easements. 2. Ail utility easements shall be shown on the rectified site plan, preliminary X engineering plan and landscaping dra~vings so the [the city] may determ/ne which trees may interfere ;vith utilities. Th_is has not been addressed. In general, palm trees will be the only tree species allowed ;vith utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 give public utilities the authority to remove any trees that interfere with utility scnwices, either in utility easements. 3. On the Prelimina~ Engineering Plan, proposed building number two (2) X [middle building] appears too close to the existing sanitary sewer collection line. The depth of the existing line is greater than average. The applicant will be required to either a) reposition the building closer to the ;vater managmuent tract, b) relocate additional segments of the existing sewer away from the building, c) consider a grade beam-subsurface retaining wall for the face of the building to keep it in place in the event the sewer main has to be excavated for a repair, or d) the applicant's alternate solution to the situation. Easement widths are dependent on depth of the system in concern, and the soil conditions supporting the adjacent structures. FIRE Comments: Conditions of Approval 2 DEPARTMENTS iNCLUDE REJECT 4. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, winch provides requirements for hydrants. Hydrants in commercial application shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fzre flow of at least 1500 gpm is required. 5. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per NFPA I~ (I997) section 41-2.3.2. 6. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout the following: a) Institutional or educational buildings, hospitals, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers for more than 12 clients under 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature. b) Ali wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. d) All buildings or structures regardless of the type of constmctiun that are in excess of 12,000 square feet per floor. e) All portions or sections of buildings or structures which are below grade or which constitute the basement area ora building or structure regardless of square footage of floor area or type of construction. POLICE Comments: None X ENGINEERING DIVISION Comments: 7. Provide signing and striping plans at time of permitting. X Conditions of Approval DEPARTMENTS INCLUDE REJECT 8. Parallel par~'ng will be allowed on Quantum Lakes Drive east of Quantum Boulevard ,~ath adjustment to SW curb radius. X 9. Proof of ot~cr_ agency permits shall be required prior to the issuance of the paving and Cainage permit. X 10. Provide a c~py of the modified SFWMD permit. X 11. It is recomr¢ended that additional striping be added to the pavement X island(s) at ~he east driveway (existing). Extend cross-hatching from the pavement is and and from the radial area to the right, out to a tangential line tkawn from ~he proposed striping ad~jacent to the ingress aisles northward to the existing ~idewalk. This will bring exiting traffic to a point out in the roadway for clear line of sight purposes. Relocate the existing stop sign accordingly. 12. Add a note lo the landscaping plan that existing and proposed trees along X the roadwa3{ shall be trimmed to prevent shadowing on the roadway. BUILDING DiVISION Comments: None X PARKS AND R~CREATION Comments: 13. As a conditi >n of issuance of a land development order for a residential X planned unit development the developer shall dedicate land, pay a fee in lieu thereof or both, at the option of the city, for park or recreational purposes and accordiCg to the standards and formula in Chapter 1, Article V in the Land Development Code. 14. The City Co nmissiun exempted the origh~al 272 units of the Grotto Bay X (a.k.a. Villa~ ~ Quantum Lake) development fi.om the requirements of the RecreationDedication Ordinance. This submittal indicates that there will be 314 residential units. The additional 42 dwelling units are subject to the Ordinance. Based on the additional 42 residential units the dedication requirement is computed a~ follo~vs: 42 dwelling units x .015 acres each = .63 acres 15. If ½ cred/t f~r recreation is granted the dedication requirement is computed X as follows: .63 acres divided by 2 = .315 acres Conditions of Approval 4 DEPARTMENTS iNCLUDE REJECT 16. At this time, ¥2 credit for private recreation is recommended. Private recreation includes: X a) Children's play apparatus area. b) Landscape park-like quiet areas. c) Family picnic areas. d) Swimmhig pool and lawn areas e) Recreation center building including: 1. Full indoor basketball court. 2. Indoor racquetball court. 3. Exercise room. 4. Media room. 5. Party room. 6. Kitchen. 7. Bar area. f) Dock/Fishing deck FORESTER/ENVIRONMENTALIST Comments: 17. The applicant should indicate on the landscape plan the existing trees that X will be removed / replaced on the site. This should be shown in a tabular summary for all trees including the common areas and the lake plantings (upland and littoral vegetation). All trees should be replaced with an equal quantity of tree caliper inches. PLANNING AND ZONING Comments: 18. A re-plat is required for this addition. No building permits will be issued X prior to the recordation of the plat. 19. Elevation for Building Type iV to match previously approved and permitted X plans. 20. Provide an engineers certificate in writing that drainage will conform to all X Rules, Regulations, and Codes of the City Of Boypton Beach. 21. No signage is being approved with this submittal. X 22. Provide a colored elevation drawing of the site for the Planrdng and X Development Board meeting. 23. Indicate the color palette of the building materials by manufactures name X and number on the elevation drawing sheet B4 - 4. Conditions of Approval DEPARTMENTS iNCLUDE REJECT 24. On site plan sheet SP-1, correct waiver #2 to allow a width of 25 feet for the X back-up dimension. 25. No structures including overhangs shall encroach into the easernent. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 26. Omit conditions #13, #14, #15, and #16 pursuant to Board's understanding X that recreation impact fee was waived for the first 500 units. 27. Omit condition #20 as it has bean satisfied. X ADDITIONAL CITY COMIvf[SSION CONDITIONS Comments: 28. Recreation impact owed for project shall be determined at later date. X S:\Planning\SHARED\WP\PROJECTS\V[[[as at Quantum Lakes aka Gm[to Bay\MSPM 01-002\Condition of Approval 2 page revised 2002 form.doc LOCATION MAP Villas at Quantum Lake EXHIBIT "A" IN CITY OF COMMEI IANTUM 1/8 400 '800 FEET I I I I I I I EXHIBIT "B" l l I I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ,J i i I"" ','~ii'll' " "· JJ" ~ Ill I i il ,.j J. l J Ij j,JjJ !~J~ J!l I/ I ~1 !iii |-:; ! I,'lJ! :Jli/ " Jli I -- Ill LM[ -- ~L~' SIIEET L-2 F; iHIBIT "B" EXHIBIT "B"