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Minutes 08-05-03
I~ITNUTES OF THE REGULAR CZTY COf41~IISSTON PlEET~NG HELD TN COPlI~ITSSTON CHAf4BERS~ CZTY HALL~ BOYNTON BEACH~ FLOI~DA~ ON TUESDAY, AUGUST 5, 2003 AT 6:30 P.I~I. Present Gerald Broening, Mayor Nike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Absent Ron Weiland, Commissioner OPENTNGS: Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Call to Order- Mayor Gerald Broening Invocation/Moment of Silent Reflection Pledge of Allegiance to the Flag led by Mayor Broening Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mgtion Vice Mayor Ferguson moved to approve the agenda. McCray and carried unanimously. · FTLL OUT THE APPROPR,~,TE RE(~UEST FORlUl · GTVE IT TO THE CZTY CLERK (ON THE DATS) BEFORE THE "OPENTNGS' PORT~ON OF THE AGENDA HAS BEEN COMPLETED · COf4E TO THE PODTUI~I WHEN THE PlAYOR CALLS YOUR NAI~IE None TNDZVTDUALS f4AY SPEAK FOR THREE UNTNTERRUPTED I~ITNUTES. Motion was seconded by Commissioner D. TF YOU WTSH TO ADDRESS THE COPlMT$STON: Mayor Broening called the meeting to order at 6:35 p.m. There was a moment of Silent Reflection, followed by the Pledge of Allegiance to the Flag led by Mayor Broening. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrid~ Auqust 5, 2003 II. OTHER: A. Informational Items by Members of the City Commission Mayor BroenJng noted that the public may have seen an item in the news concerning the City'S request to increase our water allotment with the South Florida Water Management District. He explained that if we do, the allotment would be significantly lower than the current allotment per capita in Delray Beach and Boca Raton. Our usage would go from 142 gallons a day per person as compared to 309 in Boca Raton and 188 in Delray Beach. If we get this increase, it would increase our allotment to 162 gallons per person. This increase has not yet been approved by the Water Management District but we do expect to receive it and we are only requesting a fair share. Commissioner HcKoy announced that the Juvenile Transition Center will participate in its annual book bag give-away in conjunction with the Carolyn Sims Family Day Picnic. Wally Majors, Recreation & Parks Director, announced that on Saturday morning, the City would be hosting the second annual Carolyn Sims Picnic. Ms. Sims was a City employee for more than 40 years. We lost her to cancer. In her honor, there will be a Walk for Cancer starting at 11:00 a.m. at St. John's Missionary Baptist Church and ending at Wilson Park. Mr. Majors invited everyone to participate in a full day of family activities and entertainment. Commissioner McCray reported that a couple of weeks ago there was a Bahamian basketball tournament held at Hester Center. He thanked Wally Majors and his staff for a job well done. City Manager Bressner announced that the Boynton Beach Little League is working their way to the World Series. They won the State championship. They are now in Gulfport and will be playing in the semi-finals for the Southeast Region. IlL ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: Presentations: 1. Proclamations: None ADMINISTRAI'~VE: A. Accept resignation of Redevelopment Agency Jos~ Aquila, Regular Member of the Community Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ Auqust 5, 2003 Motion Vice Mayor Ferguson regretfully accepted the resignation of .los& Aquila, Regular Member of the Community Redevelopment Agency. Motion was seconded by Commissioner McCray and unanimously carried. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt i yr term I Weiland Advisory Bd on Children & Youth Stu/NonVoting 1 yr term TT McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (2) to 4/04 Tabled (2) to 4/04 Tabled (2) Iv McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/04 Tabled (3) II McCray Community Redevelopment Agency Reg 4 yr term to 6/20/04 IV McKoy Community Relations Board Alt 1 yr term to 4/04 Tabled (2) IV McKoy Education Advisory Board Alt Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (2) I Weiland Library Board Alt 1 yr term to 4/04 IV McKoy Nuisance Abatement Board Reg Mayor Broening Nuisance Abatement Board Reg I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) Commissioner McCray appointed former Commissioner Charlie Fisher as a Regular Member of the Community Redevelopment Agency. All other appointments were tabled. Motion Vice Mayor Ferguson moved to approve the appointment. motion that carried unanimously. Commissioner McCray seconded the V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl(~rid~ Auqust 5, 2003 2. 3. 4. Agenda Preview Conference of July 14, 2003 Budget Workshop of July 15, 2003 Regular City Commission Meeting of July 15, 2003 Special City Commission Meeting of .luly 16, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award "CO-OP BULK QUICKLIME," Bid #064-2821-03/.1A, to CHEMICAL LiME COMPANY, INC. with an estimated annual expenditure of $129,316 for the City of Boynton Beach Utilities Department as part of the cooperative bid in the total amount of $1,694,862.96 (seven additional entities participating) Award the "PURCHASE OF STREET SIGNS, NEVV AND REPLACEMENT, SIGN ACCESSORIES AND PARTS," Bid #066-1412-03/3A, to various vendors on a "lot to lot" basis with an estimated annual expenditure of $20,000 Approve the "piggy-back" of LEE COUNTY, FLORIDA, PROJECT #Q- 020438 for "HYDROGEN PEROXIDE SOLU'I'~ON SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER" with ALTJV]A CORPORA'I'~ON for an estimated amount of $115,000 (Proposed Resolution No. RO3- 133) Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C_3D to SPEC~L PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms (TABLED ON 7/15/03) Vice Mayor Ferguson requested that item B.4 be pulled from the Consent Agenda. C. Resolutions: Proposed Resolution No. R03-134 Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891 of the Tnternational Association of Firefighters, AFL-CIO, CLC (IAFF) Proposed Resolution No. R03-135 Re: Accepting Letter of Credit No. NWS487658 from Wells Fargo Bank, N.A. in the amount of $22,188.91 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Albertsons at Hypoluxo Village Proposed Resolution No. R03-136 Re: Declaring the public necessity of acquiring four parcels of property in the NE 7th to 10~ 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floriq;lp Auqu~ 5,2003 Avenue stormwater project area for the purpose of constructing a drainage/retention pond Vice Mayor Ferguson requested that item C.3 be pulled from the Consent Agenda. D. Ratification of Planning & Development Board Action: Davila Variance (ZNCV 03-006), 3616 S.E. 1~t Street - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.3.1, limiting a fence to a maximum height of 6 feet within the rear building line to allow a 3-foot variance, and a 9 foot high fence (~uantum Park DRZ (USAP 03-003), Lot 3 - Request for use approval for Athletic and Aerobic Clubs/Specialized Tnstruction and Automobile & Vehicle Accessories, Furnishings and Supplies in the Quantum Park PTD on lot 3 having use options of"Tndustrial' and "Office" Club Meadows (MSPM 03-005), 100 Meadows Circle, Meadows PUD - Request for major site plan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055-square foot clubhouse Boynton Commerce Center Lot 3B (NWSP 03-009), Southwest corner of 1-95 and Woolbright Road - Request for a new site plan approval for a 72,174-square foot light industrial warehouse with ancillary office and retail space in a E. Ratification of CRA Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue - Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 industrial zoning district ('Tab/e~l F. intentionally left blank Report and recommendation on proposed cooperative effort with City of Boca Raton concerning possible legal challenge to Palm Beach County Fire/Rescue Level of Service Referendum MotiQn Commissioner McCray moved to approve the Consent Agenda Ferguson seconded the motion that carried unanimously. as amended. Vice Mayor B.4. Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C3D to SPEC~L PRODUCTS GROUP of Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flgrida Auqust 5, 2003 Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms (TABLED ON 7/.Z$/03) Motion Vice Mayor Ferguson made a motion to remove item B.4 from the table. Commissioner McCray seconded the motion that carried unanimously. Motion Vice Mayor Ferguson moved to approve. unanimously carried. Motion was seconded by Commissioner McKoy and Tt was discovered that there were cards filled out by the public to speak on this item. Even though the motion was already made and unanimously passed, it was the consensus of the Commission to allow the public to speak. Steve Stidham, Martin's Uniforms, 5401 Locklear Place, Riverview, Florida, appreciated the opportunity to speak to the Commission. He said that his company stated that their prices were 40% lower than SPG (Special Products Group). He explained that Mr. Atkins (Purchasing Agent) said that Martin's current pricing versus SPG proposed pricing shows a 2% increase according to a cost comparison sheet and Mr. Atkins was unsure how Martin's came up with 40% savings. Mr. Stidham explained that his statement was actually that there was a 40% savings on the Police Department business alone. He said that Mr. Atkins is comparing proposed price to current price and not proposed price to proposed price and they believe that is inappropriate. Mr. Stidham agreed with the statement that Martin's has proposed a lower quality jacket at about one-half the price of the one that the Police Department has authorized. He pointed out that Martin's jackets meet the specs in the bid and therefore, they are the Iow price bidder. He also stated that their jackets are worn by the Flodda Highway Patrol. Regarding the City's statement that there have been problems with Martin's Uniforms recently, Mr. Stidham stated that Mr. DeMauro (Warehouse Manager) acknowledged in an E-mail dated January 7th that they understand that from time to time there will be situations that occur when some individual orders cannot meet the terms of the contract. That situation could happen with any vendor that deals with uniforms. The documentation from the City was only for a six-week period and Martin's has had this contract for 15 years. Most of those items involved a name strip problem that was corrected. He reminded the Commission that his company has never been written up for non-performance. At the last Commission meeting, there was a statement made that $7,000 would be saved in administrative costs if the City went with the local bidder. Mr. Stidham said that they did not see any information on that savings except that Police and Fire personnel would be able to deal directly with the local vendor. There would be a cost involved, as those personnel most likely would do that on City time. That cost should be factored into the cost of doing business with a local vendor. Martin's offers an interactive Web site for the City to allow personnel to deal directly with them and take administration out of the loop. Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, Florida Au~ust5,200~ He said that he would never accuse anyone in the City of doing anything illegal or improper. However, when looking at the facts stated below, it could appear that the decision of where this bid was going to go was made before the bid was put out. The wear test response on SPG's product was not received from the Fire Department until July 17t~. The purpose of a wear test for bid purposes is to wear test the product and see whether it will meet specs and serve the needs of the department. July 17th was after the recommendation of the bid and after Martin's Uniforms filed a protest. The results were after the fact and also, there appears that there was no collection of the results until it was time to justify the award to SPG. · No consideration was given to bidders not located in PBC. · Martin's had asked that the requirement for U.S. made products be removed from the bid. That request was denied. Now, the City is making that exception for SPG. Best practices dictate that there is no conversation between the Purchasing Department and the selected vendor after a bid is opened. However, on June 10t~, after the bid opened and we filed a protest, Mr. Roy from SPG faxed some information to the City. After Martin's contract expired on June 18th, the City began purchasing from SPG. Mr. Stidham's experience tells him that in most cities when a contract expires and there are no grievances filed and no reason to remove a vendor, an extension is granted to that vendor until another vendor can be awarded the bid. Hr. Stidham felt that Martin's Uniforms are the Iow bidder and requested that they be awarded this bid. :If they are not awarded the contract, he requested that consideration be given to go back out for a new bid. He also requested that a decision be made to keep "Made in U.S." in the specs and require everyone to adhere to this or remove it from the specs and make no exceptions for any vendor. He also asked that the City immediately stop buying from SPG and grant Martin's an extension until a new contract is awarded. Mayor Broening stated that the Commission had already voted on this. He asked the Commission if they had heard anything that would convince them to reconsideration their previous motion at this time. There was no answer from the Commission. C.3, Proposed Resolution No. R03-136 Re: Declaring the public necessity of acquiring four parcels of property in the NE 7th to 10th Avenue stormwater project area for the purpose of constructing a drainage/retention pond Bob Brown said that he would be directly across from the proposed fountain. Once there is public ownership of the property, it becomes public domain. He had some concern that it might attract the homeless and transients and that extra police patrols would be needed. It theoretically could change the character of the neighborhood. He was also concerned that fences may have to be erected to keep children away from the pond. He felt that Boynton 7 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida Auqust 5, 2003 Beach had a beautiful bridge on Ocean Avenue. He suggested that if the City decides to use aeration fountains, they design them so that they are aesthetically pleasing and enhance the neighborhood. He felt that the community should have some input and urged the City to create the best project. Mr. Brown said that whatever the Commission decides, he was behind them 100%. Brian Edwards, 629 NE 9th Avenue, appreciated Mr. Brown's comments and his support of this project. He said that there have been numerous public meetings over the past three years and there is overwhelming support for this project. He felt that the City should move forward with eminent domain tonight. Commissioner McCray reiterated Mr. Brown's comment regarding being 100% behind the Commission on whatever decision is made. He was pleased that Mr. Brown was willing to work with the citizens who live in the area. Motion Commissioner McCray moved to approve proposed Resolution No. R03-136. seconded by Commissioner McKoy and carried unanimously. Motion was VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMI'rED TO 3-MINUTE PRESENTAT/ONS None VIII. PUBLIC HEARING: 7:00 P.14. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Am Project: Agent: Owner: Location: Description: Serrano at Boynton (ANNEX 03-001) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach Bm Project: Agent: Owner: Location: Description: Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm 8each County) to Low Density Residential (LDR) at 4.84 units/acre Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridi~ Auqust 5, 2003 Project: Agent: Owner: Location: Description: Serrano at Boynton (LUAR 03-005) Chip Bryan, .lulian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47 single family, zero lot line homes C.1. Project: Agent: Owner: Location: Description: Serrano Beach (NWSP 03-010) Chip Bryan, .Julian Bryan & Associates, Inc. Beth Peschl Quarter mile west of Congress Avenue; north of the L-28 Canal, south of Golf Road Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD It was the consensus of the Commission that all items regarding Serrano Beach would be presented together and voted on separately. City Attorney Cherof swore in everyone who intended to testify on Items A through C.1. Dick Hudson, Senior Planner, presented an overview of the annexation, land use amendment and rezoning. The existing land use is MR-5 that allows a density of 3 to 5 dwelling units per acre (du/ac). The existing Palm Beach County zoning is AR-USA, which is Agricultural- Residential in the Urban Services Area. He described the adjacent uses. To the northeast, there are three single-family homes in Silverlake Estates designated Low Density Residential at 4.84 du/ac. The actual built density is 2.04 du/ac. To the northwest is unincorporated property developed with one, two-story single- family residence with the same designation and zoning as the subject property. Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Canal and Palmland Drive. There is developed residential that is designated R-3 with a density of 10.8 du/ac. The actual built density of this property, Chanteclair Villas, is 7.42 du/ac. To the west is Palmland Villas with a built density of 8.57 du/ac. Immediately to the east of the subject property is the Crosspointe Elementary School. To the west is the Village of Golf and this property is designated single-family residential and has a built density of 0.3 du/ac. The property immediately adjacent to the subject site currently consists of one single-family home on a 1.6-acre parcel and a portion of a vacant parcel of 4.5 acres. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Auqu~ 5,200~ The property is less than 10 acres in size and qualifies as a small-scale amendment. State annexation law allows the annexation of enclaves of less than 10 acres without the consent of property owners. However, in this instance, the request was made by the property owner. Regarding service delivery, previous annexation studies support the incremental annexation of enclaves. The request was reviewed by the Palm Beach County Traffic Engineering Department and they verified that capacity exists on Congress Avenue to accommodate the proposal. The City's Public Works Director determined that no improvements to Palmland Drive would be necessary and the Palm Beach County Planning Division determined that the development would not result in negative impacts on the area roadway network in the year 2020. Drainage requirements must satisfy all requirements of the City and local drainage permitting authorities. Mr. Hudson said that staff recommends approval of the annexation, land use amendment and rezoning. Eric Johnson, Planner, presented an overview of the site plan. The project has Palm Beach County Traffic Division approval regarding the concurrency requirements. However, the project still needs to be approved for a traffic equivalency determination. The original project was a townhouse project. This single-family development, in terms of traffic impact, would be either equivalent or less than the impact that would have been generated by townhouses. Prior to the issuance of a building permit, the City needs to receive confirmation that this is a similar type of impact. Initially, the project meets the drainage requirements. The City's Engineering Division found that the information that was provided is adequate but more specific drainage solutions were deferred until the time of permit review, which is standard procedure. The plans show one point of ingress/egress at the southwest corner of the property, connecting with Palmland Drive. This entrance/exit would be at least 20' in width. Each house requires two parking spaces and this would be accomplished with garages. The pervious area would be 4.29 acres or 44% of the site. Nearly an acre of the site would be set aside for retention purposes. The landscape buffer would be 10' in width surrounding the entire property. This buffer would have shade trees. The Planning & Development Board recommended that the northern property line have a higher density of trees. The perimeter lots, Lots 1 through-39, 45 and 46 would require houses to be set back 20' from the rear property line. Each rear yard would have a 10' landscape buffer. The applicant agreed to increase the setback of the houses along the north and west property lines to 25'. The applicant is requesting a provision for swimming pools and screened roof enclosures in the rear yards. There are no solid roof enclosures proposed. This project is considered a contemporary/Mediterranean architectural style. No project signage is proposed at this time. Staff recommends approval of the project contingent upon the 47 conditions of approval, including the comments by the Planning & Development Board. 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~rid~ Auqu~ 5,2003 Commissioner McCray asked how long it would take to receive the traffic equivalency determination from Palm Beach County, Mr. Johnson said they are working on it now and it typically takes the County a few weeks to respond. Mayor Broening asked the applicant whether he agreed with all conditions of approval. Julian Bryan, agent for the developer, said that the owner and contract purchaser agree with all staff conditions and with the additional conditions set forth at the Planning & Development Board. .lack Novita, President of Estates of Silverlake Homeowners Association, explained that the site plan shows the lift station located only 10' from the border of Silverlake. He felt that this is totally inappropriate and requested that the location be moved to the interior of the site. The need for this lift station is caused solely by this proposed project and they should contain it on their site. Mr. Novita also requested that the Commission limit the homes on lots 17 through 21 inclusive, which are adjacent to Silverlake, to one-story. Since 1989 the City has had a provision in its Comprehensive Plan for the protection of Silverlake and the development to the south of the L- 28 Canal that requires that any development to be located on the Serrano site be compatible with the developments to the north and south. A copy of the letter from the Silverlake Homeowners Association is on file in the Office of the City Clerk. Andrew Dodge, 2738 Cranbrook Drive, stated that his house directly abuts the proposed lift station. He was concerned because this proposed sewer lift station would be approximately 20' from his swimming pool. There are possible failures in mechanical engineering devices. A failure could cause an odor. He felt that there should be some consideration to re-evaluate this lift station location. He also requested that only single-story homes be allowed on Lots 17-21. If there is a two- story home 20' from his property line, they could look down onto his pool and into his sliding glass doors. He also noted that Silverlake and surrounding properties only have single-story homes. Bill Plum, a resident in the area since 1957, was pleased to see less density and a redesign of the site plan from what was previously proposed. With the industrial school on the east side of the intersection plus Manor Care, the Tennis Center and the new school, he was concerned regarding traffic problems. He suggested that a very accurate study at that intersection be done. Roger Saberson, 2740 Cranbrook Drive, said that since 1989 the Comprehensive Plan stated that this property should be compatible with the properties to the north and south. He felt that this site plan is an improved plan from the previous one. However, the density is still double that of Silverlake and the lot sizes are less than one-half the size of the lots in Silverlake. 11 Meeting Minutes Regular City Commission Meeting Bovnton Bepch, Flprida AuqustS, 200~ Mr. Saberson was concerned regarding the lift station location. He felt that the developer had done everything to eliminate the odor from his project and transfer it to Silverlake. Lilt station facilities sometimes do generate odors. The smell can be diminished but not eliminated. Silverlake is an upscale community of 169 homes. He hoped that the City would require the developer to change the location. There is already a lift station on the boundary of Silverlake. During a previous storm, the station flooded into one of the homes. The developer plans to run a force main all the way through the school property, connect with the School Board sewer line and then go into the lift station located at the southeast corner of Silverlake. Mr. Saberson said that he spoke to several people in the school system and was told that the only contact from the developer was a telephone call from Chip Bryan. The School Board representative discouraged him from going through school property. Mr. Saberson requested that if any lift station is constructed on this site, there be a condition to construct it as a sealed system, if possible, with a wall around it. Mayor Broening asked Mr. Saberson about his background and Mr. Saberson replied that he was an attorney. Carrie Hill, Village Manager, Village of Golf, explained that staff mentioned that after the Planning & Development meeting, the applicant agreed to a 25' setback along the western property boundary, the boundary between the Village of Golf and this subdivision. She received a letter from the developer stating that. However, it is not a condition. Ms. Hill asked whether that becomes a condition tonight. City Attorney Cherof replied that it would become a condition if the Commission makes it one. Ms. Hill then requested that the 25' setback be a condition of approval. Vice Mayor Ferguson asked how many one and two-story homes were planned and whether the developer could yield to the request for single-story homes on lots 17 through 21. Mr. Bryan said there were seven floor plans. Five of them are two-story units and two are one- story. The market drives the sale of these units and it would be difficult to limit them. He asked that the Commission recognize that they agreed to increase the rear setback on lots 17 through 21, which reduces the amount of available home on the lot. On the north boundary line, adjacent to Silverlake, they also agreed to double the number of trees. Vice Mayor Ferguson asked whether it was feasible to relocate the lilt station. .leff Livergood, Public Works Director, responded that it was technically possible to locate it anywhere on the site. There is an existing sanitary sewer that the developer is proposing to tie into. The existing sewer is a gravity sewer and flows automatically downhill. ]:n order to feed this development, all the sanitary sewers located within that development would also be gravity sewers. The drawback from the City perspective of moving the lilt station is that the gravity sewer would become a force main. The City tries to minimize force mains because they could be an added burden and potential maintenance expense for the City. 12 Meeting Minutes Regular City Commission MeeUng Bovnton Bepch, FIQridp Auqust 5, 2003 Commissioner McCray asked whether there was any documentation that the developer had contacted the School Board. He also wondered whether there would be a problem with going through School Board property. Mr. Bryan responded that his son, Chip Bryan, spoke to a number of people at the School Board. The School Board said that it would be difficult but that they have the right to connect to the sewer system and it will be resolved. He explained that they would need to obtain an easement from them. All of the gravity sewer, the force main and the lift station will be dedicated to the City and will become part of the City system. Also, the developer agreed to screen the lift station on the north and add additional landscaping. If it might be of some benefit, he would agree to shift it as far to the south as possible on the open space tract. They will do everything possible to design a state-of-the art lift station. In response to a question regarding the type of system, Mr. Bryan said that these systems are vented and it is a sealed system. Because of drainage requirements, this property must have a perimeter landscape berm around it. If somehow this station overflowed, it would have to flood the entire site and fill the lake, the streets, the yards and flow to a level over the berm before it would go off site. He felt that this was unimaginable. Mayor Broening said that the Planning & Development Board unanimously approved this project with a number of conditions, which the developer agreed to meet. Mayor Broening heard a lot of anecdotes and concerns tonight but nothing technical. He trusts the City staff who reviewed this and the Technical Review Committee. He did not know how to get around people's fears. Personally, he was convinced that the process works very well and that this project meets all requirements. Mr. Saberson asked how far south the developer was willing to move the lift station. Mr. Bryan responded that he would agree to move it as far south to the extent that it would still fit on the lot and not interfere with setback requirements or the required utility easement along the roadway. He suggested 50' would be possible. Mr. Saberson asked whether the developer would agree to that condition. City Attorney Cherof reminded Mr. Saberson that he could not set the conditions. Mayor Broening agreed and said that it was not up to the developer to determine this. It is for the City to determine because it is a cost to the City and not the developer. City Manager Bressner suggested that as we get into the engineering details of this project and where it is feasible to move the lift station to the south a reasonable distance, staff and the developer would work on that. A. Project: Description: Serrano at Boynton (ANNEX 03-001) Request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach MotiQn Vice Mayor Ferguson moved to annex. carried unanimously. Motion was seconded by Commissioner McCray and 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~rid~ Au~u~ 5,2003 B. Project: Description: Serrano at Boynton (LUAR 03-005) Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre Motipn Vice Mayor Ferguson moved to amend the Comprehensive Plan. seconded the motion that carried unanimously. Commissioner McCray C. Project: Description: Serrano at Boynton (LUAR 03-005) Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47 single family, zero lot line homes Motion Vice Mayor Ferguson moved to rezone the property. Commissioner McCray seconded the motion. Tt was clarified that this density does not exceed the previous Palm Beach County density. The motion carried unanimously. C.1. Project: Description: Serrano Beach (NWSP 03-010) Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD M~ti9n Vice Mayor Ferguson moved for approval of the site plan for 47 zero lot line single-family homes and related site improvements on a 9.74-acre site in a proposed PUD, subject to a 25' west setback. Commissioner McCray seconded the motion that carried unanimously. There was a break at 8:08 p.m. and the meeting reconvened at 8:22 p.m. Project: Agent: Owner: Location: Description: Berry Veal (COU5 03-005) 3aime Plana, Architect Berry Veal Corporation 1421 Neptune Drive Request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an M-1 zoning district M~tign Vice Mayor Ferguson moved to approve. carried unanimously. Motion was seconded by Commissioner McCray and Project: Agent: Owner: Boynton Commerce Center (ABAN 03-005) Winston Lee Nayrot Realty, Thc. 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Auqust 5, 200~ Location: Description: Southwest corner of T-95 and Woolbright Road Request for an abandonment of an existing easement ingress/egress Motion Vice Mayor Ferguson moved to approve. carried unanimously. Motion was seconded by Commissioner McKoy and Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN O3-OO7) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a Florida Power easement and Light Motion Vice Mayor Ferguson moved to approve. carried unanimously. Motion was seconded by Commissioner McCray and Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-008) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of a easement utility (water) Motion Vice Mayor Ferguson moved to approve. carried unanimously. Motion was seconded by Commissioner McKoy and H. Project: Boynton Commerce Center (ABAN 03-009) (POSTPO/VE/~fE/VT RE(~UESTED BY APpL_rCA/VT.) Agent: Winston Lee Owner: Nayrot Realty, :[nc. Location: Southwest corner of :[-95 and Woolbright Road Description: Request for an abandonment of a portion of ingress/egress and utility easement an existing Mayor Broening said that this item is postponed. Commissioner McCray asked whether there was a date certain to postpone this item. Mike Rumpf, Planning & Zoning Director, explained that this item will return to the Planning & Development Board and would then come forward to the Commission. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQri(]~ Auclust 5, 2003 Z)(. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('TABLED This item was left on the table. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 Wilfred Hawkins, Assistant City Manager, explained that the Commission would hear an exciting report from the Recreation & Parks Department. He commended Director Wally Majors, Deputy Director John Wildner and Ginny Shea, Marketing Director, for the fantastic plan they put together on the future of the Recreation & Parks Department. Tn 2001 the Commission allowed them to go out and ask the stakeholders and taxpayers what they wanted from the Recreation & Parks Department. The study was completed and now the Commission will hear about three work plans - a strategic Recreation work plan, a work plan dealing with the open space element of the City's Comprehensive Plan and National accreditation. Wally Majors, Recreation & Parks Director, explained that these plans were developed in response to the Needs Assessment. They were shared with the Recreation & Parks Board and were endorsed by them at their June meeting. As a result of the Needs Assessment, they are now able to complement staff's intuition with a scientific research project on what the community wants. Since the most significant reason for people not participating in our programs or visiting our parks is the lack of information, we now have compelling evidence to increase our marketing and promotions budget. It was also found that a significant number of participants in the Needs Assessment were interested in special events, performing arts and programs involving the environment, self-improvement, arts & crafts and tourism. Mr. Majors said that they would focus their efforts on opportunities to address these interests and provide more activities for whole families, teens and people over 55. Tt is also apparent that our community is interested in maintaining open space and parks. Tt was found that the top facilities being used are the beach, neighborhood parks, district parks, community centers and Kids Kingdom. Some of the reasons listed for non-use were lack of information, not enough time, inconvenient location and inadequate parking. The most compelling reason was the lack of information. We found that the major way citizens keep informed is through the Funfare! Nlagazine, newspaper, T.V. ads and homeowner association letters. People are primarily interested in neighborhood parks, nature trails, picnic areas, bike trails, theater, performing arts center, playground areas, festivals, special events and health screenings. People in our community are interested in recreational opportunities targeted towards the specific needs of the different sectors of the population. He said that the Recreation & Parks Department was very proud of their Senior Center. Other programs that they believe address this recommendation are Parents Night Out, arts & crafts and the youth 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ Auqu~ 5,2003 sports programs. The City currently offers a Big Truck Rally and Take A Kid Fishing program. Also offered are Oceanfront Park concerts, special events and the upcoming Family Day Picnic. There are guided tours of our scrubs, exercise classes, dance classes and computer classes and the City is a Tree City for the State of Florida. Mr. Majors reiterated that the paramount recommendation was keeping residents informed. He introduced Ginny Shea to discuss the marketing plan. He credited her with doing a stellar job. Ginny Shea explained that the purpose of the Marketing & Communication Plan for 2003-2005 was to aid the department and personnel in identifying the issues facing the community and how to market the department's and the City's natural resources, programs, activities, facilities and services. She said that they strive to be proactive in providing accurate information to our citizens. They maintain a policy of decentralized communications that enables all employees to be in touch with the public about City programs. They are focused on presenting a consistent and professional image and are committed to progressive program planning. One method of communicating with the public is through 30-second television ads. A few of the ads were shown to the Commission and audience. Ms. Shea explained that another marketing strategy is the award winning Funfare/Magazine. Mr. Majors said that the Needs Assessment would serve as a foundation for the Comprehensive Plan. This Plan was developed in 1989 and is now due for an update. They hoped to begin this process in October or November. Also, they accepted the challenge to become a nationally accredited association. This involves 158 standards. There are less than 40 Recreation & Parks Departments throughout the United States that have this accreditation. They have already started on this project and it takes approximately 24 months to complete. Every stakeholder in the City will have an active role in this, especially the Recreation & Parks Advisory Board and the City Commission. Commissioner McCray thanked Mr. Majors for the presentation. However, he felt that a lot of people in District II were not aware of the programs and that the Funfare! Magazine should be distributed to the churches. He also wanted to know when the next evaluation on the benchmarking program would be done. Mr. Majors said they are willing to do that task any time the Commission feels it is appropriate. City Manager Bressner suggested that the Recreation & Parks Board could do that on an annual basis. Betty Pierce, Recreation & Parks Board Chair, was in the audience and explained that the entire Board went to each park last year. Each individual filled out a form regarding what he or she felt the needs were and they will compile this for the Commission. MotiQn Vice Mayor Ferguson moved to accept the presentation and plans. Commissioner McCray and carried unanimously. Motion was seconded by Mayor Broening remarked that this is a good plan. 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Au~lust 5, 2003 X. FUTURE AGENDA 1TEMS: Proposed Modifications to City Personnel Policy Manual - Annual Update (August 19, 2003) Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19, 2003) Proposed Resolution regarding raising fees for annual permits, daily fees and light fees at the Tennis Center (August 19, 2003) D. 1~t Public Hearing regarding Budget (September 4, 2003) E. Public Hearing regarding Fire Assessment (September 11, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 2003) G. Follow-up Meeting with CRA on Development Issues (September 2003) H. 2nd Public Hearing regarding Budget (September 16, 2003) First reading of Proposed Ordinance regarding docks (September 16, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) K. High School Task Force Report (December 2, 2003) L. Proposed Lease Agreement with Boynton Woman's Club (TBA) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) XT. NEW BUSTNESS: A. Proposed Ethics Ordinance for review and discussion City Attorney Cherof explained that the challenge was not to duplicate the State Ethics Code but to make it more locally sensitive. The first document in the agenda package sets forth the code of ethics. Tt summarizes a standard of conduct, which is set forth on pages 3, 4 and 5. The general standards are that elected and appointed officials should provide leadership by example, there should be an empowerment attitude to encourage citizens to participate in local government, customer focus and involvement encouraging volunteerism at a City level and 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQridp AuqustS, 200~ there should be a commitment for continuous improvement. This document also calls for group commitment by having elected officials participate in training sessions and retreats. There is also the enforcement aspect that is covered by State law. He explained that the second document enforces the Code of Ethics. This document sets forth an enforcement procedure that requires the appointment of an Ethics Advisory Board. Their powers would be limited as to enforcement as the true enforcement tool under Florida public law is the recall procedure. City Attorney Cherof said that, not knowing specifically what the Commission wanted, these were simply documents for debate. Mayor Broening thought that in principle, it was a very good idea. He felt that it was good to have some standards generated at the local level in addition to the State standards. He had the following editing suggestions: On the third "Whereas," where it says "is intended to apply to the day-to-day conduct of elected and appointed public officials of the City of Boynton Beach" - suggested "is intended to apply to the official and day-to-day conduct." · In the fifth "Whereas," in the last phrase where it states "appointed officials abide by the highest ethical standards"- suggested "understand and abide" Mayor Broening asked what the definition was for a public officer. City Attorney Cherof explained that this covers anyone elected or appointed and includes all board members but not department heads. · On page 3, Standards of conduct (1) F - suggested "Gaining satisfaction" rather than "Having fun" · Item (2) A on page 3 - suggested adding a word so that it states "Encouraging citizens to be active, responsible and informed partners" · Page 4 -"maximizing revenue while minimizing tax burdens"- suggested "maximizing productivity to assure superior services and quality of life while minimizing tax burdens" City Attorney Cherof suggested the phrase "Maximizing services while minimizing tax burdens on citizens." Mayor Broening agreed with this. Commissioner McKoy felt that it was important that the Commission adopt the first section of this so that we can all have a standard to follow even though the guidelines are set by the State. He had a concern regarding item A concerning the Ethics Advisory Board on the second document. He would not want to see this board be used for personal gain or to single out an individual, particularly during election time. 19 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida Auqust 5, 2003 City Manager Bressner explained that the Commission could adopt the first document and not go forward with the second draft. There is already an enforcement tool and the Commission would not have to create this advisory board. He felt that the first draft set the tone. Vice Mayor Ferguson echoed that sentiment. He also had reservations regarding the first draft ordinance. Part of it deals with ethics but he felt that other parts regarding orientation and retreats had nothing to do with ethics. He was satisfied that the State Statutes will satisfy the ethics issue and he did not believe that these ordinances were needed. Commissioner rvlcCray said that the Commission is guided by the State Code of Ethics and asked whether other cities have these ordinances. City Attorney Cherof replied that Boynton Beach would not be the first to have them but it is not the norm because the Florida Code of Ethics is rather stringent. Commissioner NcCray did not see a need for this ordinance. Commissioner McKoy felt strongly that we should have something internally so that we could address the issue on a local level and not just through the State. Mayor Broening said that he understood the logic of everything that was said tonight. He believes in home rule and thought Florida was a tough state for home rule. He felt that our level of understanding and sensitivity must improve and that the Commission must work as a group and the boards must work as a group. He thought a retreat would be very worthwhile for the new Commission. City Manager Bressner said that one of the proposed ordinances deals with enforcement and the Commission may want to leave that in the hands of the State. He commended City Attorney Cherof for his work on the proposed ordinances. He found the idea of orientation and the retreat process to establish basic operating procedures of particular value. He felt that the Commission has already done much of that and he credited a lot of that to the leadership of the Mayor. City Manager Bressner felt that some of the items in the proposed ordinances were worthy of conversation at a workshop or at a retreat and could be contained in a resolution. Commissioner McKoy explained why he felt it was necessary to bring this issue forward. One member of this Commission went before an outside agency to talk about issues and perhaps he may have misrepresented himself. Tt is important that when we conduct business for the City, it is done in a manner that is professional, ethical and productive. Commissioner McKoy thought that it was important to have some internal guidelines. He wanted to have something that will ensure that when we conduct business as the Mayor, Vice Mayor or a Commissioner, we are working for the best interests of every citizen and not against anyone. Mayor Broening did not believe an ordinance was needed. He felt that a resolution regarding Commission conduct was in order. Motion Commissioner McCray made a motion to direct the City Attorney to draw up a resolution dealing with the Code of Ethics for the City of Boynton Beach to be used as home rule, not only for the Commission but also for the appointed boards within the City of Boynton Beach. Commissioner McKoy seconded the motion that carried 3 to ! with Vice Mayor Ferguson dissenting. 20 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida Auqust 5, 200] B. Amendment to City's Community Investment Fund policy (Proposed Resolution No. R03-137) City Attorney Commission's reduced them Cherof explained that they took the existing group of policies governing the expenditures of Community Investment Funds and simplified them. They to the following four principal criteria for spending the funds: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit 2. The recipient/payee is a resident of the City or is a business entity with offices in the City 3. A public purpose beneficial to the entire community is served by such donation 4. Proper safeguards are being implemented by the City administration to assure that the funds will be used for the stated purpose City Attorney Cherof said that there is a form attached to the proposed resolution. The Commission decides what they want to fund and then turn it over to the City Clerk. The City Manager, the Finance Department and the City Clerk then process the form. Vice Mayor Ferguson asked whether the expenditures would have to satisfy all four conditions and City Attorney Cherof replied that they would. Vice Mayor Ferguson did not believe that the Boynton Beach YMCA Partners with Youth would qualify as they are not a resident of the City or a business entity with offices in the City. It was the consensus of the Commission that the wording in the second criteria be changed from "with offices in the City to "with services provided to the City." MQtipn Vice Mayor Ferguson moved to approve proposed Resolution No. R03-137 as amended. Motion was seconded by Commissioner McKoy and carried unanimously. Allocation of Community Investment Funds for the Carolyn Sims Annual Family Day Picnic ($1,000 from Commissioner Mack McCray and $1,000 from Commissioner Carl McKoy and $2,000 from Mayor Gerald Broening) City Manager Bressner said that this complies with all four items in the Community Investment Fund resolution and staff supports the request. Motion Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McCray seconded the motion that 2! Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Auqust $, 200~ Allocation of Community Investment Funds for the 2003 School Curriculum Resource Program (Commissioner Mack McCray - $1,000 and Mayor Gerald Broening - $5,000) City Manager Bressner explained that the original request was from Commissioner McCray and Mayor Broening also requested participation. This program provides educational resource materials for public schools to be used in Boynton Beach to improve FCAT scores. The funds may not be used for school supplies or furnishings. The goal is to assist the students in achieving better scores. In this instance, the only criteria not met is that funding will occur and be open to all residents of the City. Technically, it is open to all students in public schools and he felt that would qualify. Motion Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion. Commissioner McCray asked whether Atlantic High School and Santaluces High School would be included since Boynton Beach residents attend these schools. City Manager Bressner said they would be included. Vote The motion to approve was carried unanimously. Allocation of Community Investment Funds from Mayor Gerald Broening - $5,000 for School Supplies (heard out of order) City Manager Bressner explained that this request was for the purchase of school supplies for the 2003-2004 season. Staff does not recommend approval. While beneficiaries would be members of the public, he questioned who would police the supplies and ensure that they got to the right party. His personal opinion was that this is something better handled through the churches. Mayor Broening felt that there was an overriding public need, particularly in this very difficult financial climate. The City took a very progressive view long ago to provide financial support for our schools. He believed that our area schools are community schools and we would be enhancing a very tough family financial environment. He asked for a one-time dispensation from the Commission to allow this donation. Commissioner McCray agreed with Mayor Broening. These are very tough economic times and he felt that providing supplies to children for public education would enhance our community. He applauded the Mayor for initiating this request. Motion Commissioner McCray moved to approve the $5,000 investment for school supplies for Palm Beach County schools located in the Boynton Beach area. Commissioner McKoy seconded the motion that carried unanimously. 22 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ridi~ AUQU~ 5,2003 E. Discussion regarding proposed off-premise sign at Texaco Station Commissioner McCray reported that he had requested that this item be placed on the agenda. He realizes that this is an off-premise sign for the Texaco car wash that was approved by the City. Staff said that they were willing to work with the person who is petitioning for the sign and would come back with some ideas. Motign Commissioner McCray moved that this item be tabled until we receive staff's report stating what they could do to help. Motion was seconded by Commissioner McKoy and carried 3 to 1 with Vice Mayor Ferguson dissenting. Commissioner McCray requested that the report be received for the next Commission meeting. XZZ. LEGAL: A. Ordinances -- 2nd Reading - PUBI_[C HEARTNG Proposed Ordinance No. O3-O35 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) City Attorney Cherof read proposed Ordinance No. 03-035 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-035. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances- Is~ Reading Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase TI:! of the apartment complex (Villas at Quantum Lakes Phase :ITT) City Attorney Cherof read proposed Ordinance No. 03-036 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-036. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members 23 Meeting Minutes Regular City Commission Meeting Bovnt~n Beach, Fl~ridp AuqustS, 200~ City Attorney Cherof read proposed Ordinance No. 03-037 by title only. M~ti~n Vice Mayor Ferguson moved to approve proposed Ordinance No, 03-037. Commissioner McKoy seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously, Proposed Ordinance No. 03-038 Re: Amending Chapter 21, Article ITI, Section 6.D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property City Attorney Cherof read proposed Ordinance No. 03-038 by title only. Vice Mayor Ferguson commented that this was an excellent way to simplify the process, Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-038, Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously, C. Resolutions: 1. Proposed Resolution No. R03-138 Re: Providing for adjustment of expense allocations to the Mayor and Commission City Attorney Cherof read proposed Resolution No. R03-138 by title only. Motion Commissioner McKoy moved to approve proposed Resolution seconded by Commissioner McCray and carried unanimously. No. R03-138. Motion was D. Other: None XIII, UNFINISHED BUSINESS: None 24 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida AuqustS, 200$ X:[V. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 9:50 p.m. c~ odo~~c~( , t~yor Depu~ Ci~ Clerk Commissioner (8/zz/o3) 25 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in t. he information called for below and give to the City Clerk pri~or to the start of the City Commission Meeting, Address '~'~/ //~f:~-~J~'~- ~ e~_~: Fr--- / Telephone # '~1~ ~,,& ~-- ~:)-~;~'- / Agenda #-_~_~~_ person decides to appeal any decision rode by the City Conunission with respect to any matter considered at th!~ meeting, he/she · fll need a record of tho proceedings and, for such purpose, b/she my need to ensure that a verbaChn record of the proceedings is ~ade, which record includes the toet~,~uy and evidence upon which the eppeal is to be baaed. (F.S. 286.010S) the City shall famish aPimopriato auxfllm7 aids and services where necessary to afford an individual with a disability an equal ~pport~*y to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. P/em contact Joyce ~ostello, (561) 743-6013 at least twenty*four hem prior to the program or activity in order for the city to reesonabiy acco,-,~odate pour reqns,t. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETIN~.~/ PUBLIC COMMENT CARD AGENDA ITEMS ~ill in _the information called for below and give to the Cit Cie ~ommission M~ff:ing,~ y rk prior to th~of the Ci~, Address Telephone ~ ~ Age n~_~ ~L:~°/~:.. ~/' _ Summary of Matter to b/e ~ddress~e~d _ (One t~c per cardJ ~ :f a person decides to appeal any decision male by the City Conuniseton with respect to any matter considered at thio meeting, he/she ~dl need a record of the proceedings and, for such purpose, he/she my need to ensure that a verbatim record of the proceedings is uade, which record includes the tcet~nony and evidence upon which the appeal is to be based. (F.8. 286.olos) ,he City shaft furnish appropristo anxflhry aais and services where necesaar~ to afford an individual with a disability an equal .pportunity to participate in and enjoy the benefits of a service, program, or activity conduetod by the City. Please contact :oste"o, (561) 742-6013 at least twenty-four hours prior to the -,~,,-,, ~- .~t~.~.~ ~.~ :..=_. ~ BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~lve to the City Clerk prior to. the start of the City Commission Meettn~ . Name ~C~ ,~='-c~/.~ ~ ~,, J.~ Telephone, ~-~ ~ ~L / ~ If a person decides to aPPeal any declalon made by the City Commission with respect to any matter considered at tht. meeting, he/she will need a record of tho proceedings and, for such purpose, b/she may need to ensure that a verbatim record of the proceedings is made, which record lncludee the testimony and evidence upon which the appeal is to be based. (F.S. 206.010S) The City shall famish appropriate auxiliary aids and services where nscesmu7 to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro~razn, or activity conducted by the City. Please contact Joyce Coetello, (561) 742-6013 at least twenty*four hours ~ to the program or activity in order for the city to reasonably acco,-,~odate your request. ~ee reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. Summary of Matter to be ~ddressed _~//ne topic per card) ~//11 If a person decides to appeal any decision made by the City Conuninion with respect to any matter considered at this meeting, he/she will need a record or the proceed!~_o,s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the teefl-~ny and evidence upon which the appeal is to be baaed. (F.S. 286.010S) The City shall furnish appropriate amciliaz~ aids and services where necessary to afford an individual with a disability an equal o_ppo .~r~mi~y__?.o _p...a~Xici, Pate in and enjoy the benefits or a service, pro,ram, or activity conducted by the City..lqeue contsct,Jovce BOYNTON BEACH CITY COMMrSSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS f a person decides to appeal any decision made by the City Conunisalon with respect to any mattsr considered at this meeting, he/she ~ need a record of tho procesdinis and, for such purpose, b/she my need to ensure that · verbatim record of the proceedings is nede, which record includes the tes~m~ny and evidence upon which the ·ppeal is to be based. (F.8. Phe City shaft furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ,pportuntty to parttcipom in and enjoy the benefits of · service, proiram, or activity conducted by the City. Please contact Joyce ;oatello, (S61) 742.6013 at least twenty*four hours prior to the pronoun or activity in order for the city to reasonably accommodate ,ow req.es~ See reverse side for important message BOYNTON BEACH CITY CO~$SION MEETING PUBLIC COMMENT CARD AGENDA ITEMS 'ill in the information cs!led for below and ~tve to the City Clerk p~ior to the start of the City :ommission Meeting. _ Name __ '~.,r f._c... T/-~'2 ~~_ Address Telephone # '~1 "'. 2~--'-0~// A # 9/! ;( ' ' ,,,.,,.,,.r, o, ,,,.,-,.,. ,o ,.'-' .,d '''''d'' ! If a person decidce to appeal any decision made by the City Conunisalon with respect to any matter considered at this mee~t-.-, he/she ~ need a record of the proceedings and, ~o[ such purpose, he/she my need to ensure that a verbat~n record of the proceedings is made, which record includes the tesHmony and evidence upon which the appeal is to be based. (F.8. 286.0105) the City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal 3pportuntty to paflicipate in and enjoy the benefits of · cexwice, profram, or activity conducted by the City. Please contact Joyce ~oatallo, (561) 742-6013 at least twenty-four hours prior to tho prograzn or activity in order for the city to reasonably accommodate eour request. See reverse side for iml2ortant messaee BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info~-..ation called for below and give to the CitY~o the start of the City Commission Meeting. . Name Roger Saberson Address 2740 Cranbrook Drive, Boynton Bea~, Fl. Telephone # ~-l Rn5 d esseX(On/ Agenda Summary of Matter to be A e topic per card) Serrano project annexation, comprehensive plan amendment, rezoning and site plan. If a [,~. d~cIAe8 to appeal any decision made by the City Commtsalon with respect to any matter considered at this meeting, he/she will need a record of the proccedin~ and, for such lmrpoce, he/she my need to ensure that a vedmthn record of the proceedings is made, which record includes the tcet~,-~ny and evidence upon which the appeal is to be based. (F.8. 286.010S) The City shall furniah appropriate an~ilia~ aids and services where necef~ary to afford an indfvidual with a disability an equal opportunity to participate in and enjoy the benefits of a service, proiram, or activity conducted by the City. Please contact Joyce Coatello, (S61) 742-6013 at least twenty-four hem prior to the propmm or activity in order for the city to reuonaMy acco-,~odate yo,, req,,st. See reverse side for ,-portant message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Commission Mee~-g. Name Address Telephone # Summary of Matter to be - (One topic per card) to the start of the City =----- .... to ~,~,d --y ~----a~n madoUby the Cl~j, Commission ~ ~s~cC to ~y m~er comd~d at ~ mee~, he/she ~ ~ed a ~co~ of ~ ~ee~ ~, br ~h ~M, he/~e my need to e~m ~t a urba~ ~cord of ~e p~ceedmfs h rode, w~h r~o~ ~ ~ t~ny ~ e~d~ u~n w~h ~e ap~ h to be ba~d. (F.S. ~6.010S) The Ci~ ~ ~ ap~~ a~ ~ ud M~u whe~ nece~ ~o afford ~ ~d~ ~ a ~b~ ~ eq~ oppo~ ~o p~ipaM h ~ eq~ ~ ~fl~ of a M~e, ~, or ac~ cond~ed ~ ~ Ci~. ~eaM conU~ Joyce BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS 'ill in the information called for below and give to the City Clerk prior to the start of the City :ommission Meeting. . / lame Z~/~'/~/ ROy Lmmary of Matter to be tddressed- (One/topic per card) a pm~_--~;__- decides to a~tl any dmcl~lon mado by the City Comnttuion with respect to any matter considered aC this mectin~, he/she il need a record of the procoedlnfs and, br such purpose, b/the my need to ensure that a verbatim record of the proceedings is ade, which record includes the testimony and evidence upon which the appeal is to be based. (P.8. 286.010S) ~e City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ,portuntty to participate in and enjoy the benefits of a service, profr&m, or activity conducted by the City. Please contact Joyce )stello, (S61) 742~013 at least twenty-four hours prior to the proaram or activity in order for the city to reasonably accommodate ,ur request. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS 01 in the information called for below and give to the City Clerk prior to the start of the City ommission Meeting. Name ~ ~-~ ~Z////~ C/~-/~ relephone # Agenda ~ C ~ummary of Matter to be Addressed- (One )er card) BOYNTON BEACH CITY COMMISSION ME~ING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. Summary of Matter to be AddresSed/- {One topic pe~car~ made, which record includes the te~im,,uy and evidence hich the appeal is to be based. (F.S. 286.0105) The City shall furnish api~oprlata auxiliary aids and services where necessary to afford an individual with a disability an equal opportunt~ to pm~leipets in and enjoy the benefits of a service, profram, or activity conducted by the City. Flem co-tact Joyce Coetello, (561) 742-6013 at lent twenty-four hours prior to the pro~rsm or activity in order for the city to reasonably accommodate your reqne.t. See reverse side for important message ILVEI LAI{E Mayor Broening and Members of the City Commission City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 August 4, 2003 Re: Serrano Proiect Dear Mayor Broening and Members of the City Commission; I am writing to you on behalf of the Siivedake Homeowners Association of which I am currently the President. Our board of directors discussed the proposed Serrano Project at our recent board meeting and the board voted unanimously to communicate to you our concerns and requests for modification of the Serrano project proposal which, are the following: 1. Reloc,,ation of the sewer lift station in.to the intedor of the Serran0 site-the master site plan for the project shows the sewer lift station site to be located only 10 feet from the Silvedake border. We think this is totally inappropriate and request that it be relocated into the interior of the Serrano project site. As you know the prevailing winds in south Flodda are from the southeast and with the proposed location of the lift station any sewerage smell would be blown immediately from the Serrano site over Silverlake. The need for the lift station is caused wholly by this development and instead of containing this within their own project site the developer is attempting to shift the negative aspects of it onto Silvedake. We request that the City Commission require the developer to relocate the lift station to a site that is in the interior of their own project. 2. Limit homes adiacent to Silverlake to one story-since 1989 the City has had a provision in its comprehensive plan specifically for the protection of Silverlake and the development to the south of the L-28 canal which requires essentially that any development to be located on the Serrano site be compatible with the developments to the north and south of it. Silverlake is a single family residential community consisting of 169 homes and every one of our homes are single story. Therefore, in order to make the Serrano project homes compatible with the homes in Silverlake we request that the City Commission require that the homes on lots 17- 21, inclusive, shown on the Serrano master site plan adjacent to Silverlake be limited to one story homes only. Thank you. Silverlake Homeowners Association, Inc. 2306 S.W. Cranbrook Drive · Boynton Beach, florida 33436 * 561/736-5756 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA '~'w. PROJECT NAME: Davila Variance APPLICANT'S AGENT: Joseli & Mildred Davila APPLICANT'S ADDRESS: 3616 SE 1st Street Boynton Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003- Tabled BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.J.1, limiting a fence to a maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot high fence. LOCATION OF PROPERTY: 3616 SE 1st Street Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby K GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on~e'l~l~:~ shall be made in accordance with the terms and conditions of this or~e'r.:$oYN~'o / 7. Other DATED: ~-8-03 ~~/ City Clerk 8:~Plannin¢SHARED~WP~FORMS~Blank fo~s folder~Devel~o~-2003-Revised.doc Location Map DAVlLA ZNCV 03-006 EXHIBIT "A" R1AAB R1AAI REC -SE-34TH AVE RI;A-- NIE PUD .... ~ULFSTREAM BLVD NIC N S EXHIBIT "B" Bo Retaining wall required by city during construction of single family home due to natural elevation of lot, nearly 5'0" difference in height from west to east boundry. Surrounding existing homes and yards vary in elevations due to natural grade. The conditions of this house elevation are due to natural land grades. Finish floor elevation was lowered to 12" above medium crown of road from 18" due to adjacent properties. The granting of this variance is solely for the purpose of fencing for pool requirements and safety requirement at retaining wall. The variance is needed for home owner to comply with city and state regulations on pool safety and being able to fence in rear yard. Variance being requested is minimum required for property owners concerned. Retaining wall is minimum height and length required and fence is stepped down to natural grade as quickly as possible without infringing on neighbors property. The granting of this variance will be in the best interest of the general public and immediate neighbor by retaining drainage and eliminating erosion and insuring pool safety. ('PLAT & MEAS.) ~ 3616S. E. 1STSTREET EXHIBIT "C" _ Fou,qq ~z/' /. x. LOT 14 t,7 ZO,~' % ,~;~ -. EXHIBIT "C" ..3 ~ · I .~. S.E. 35TH A Vl:: l ~'~ q / ~ , , I~,,~ ............ I.-~ ~ ~ ~o~-~ ~oo ~G~ ..... ,, ~g~ ,, ,, ,, ~ ~ ~ pc,,= .,,, ..... = ~ EXHIBIT "C" PHOTOS EXHIBIT "C" PHOTOS EXHIBIT "D" Conditions of Approval Project name: Davila Variance File number: ZNCV 03-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The portion of the fence located on the northeast property line shall not X exceed nine (9) feet in height, measured from the surface grade outside the wall. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\MRKVICKA\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request use approval for various uses (see file) on Lot 3 in the Quantum Park PID LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 2~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 8- ~'- O.?, S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP ty Clerk L©CATION MA,F LOT 3 QUANTUM PARK PID NOT cITY PID t~rVIOTOROLA K (:IF COMME UANTUM PARI(] PU 0 1/8 MILES '0 400.'800 FEET oqog~ EXHIBIT "B" Mr. Eric · ' .Jonnson Planning & Zoning Division City of Boynton Beach i 00 B. 15oynton Beach Blvd. Boynton Beach, FL 33425-03 i0 Quantum Park DRI Use List Revision Request Our File No. 98-010.09A Dear Mr. Johnson: As a follow up to our telephone conversation last week, i would like to address your specific concerns as to the process for monitoring the uses and associated required parking for Lot 3 in the Quantum Park DRi. This project is under the ownership of one entity and ali of the square tbotage contained in the buildings is leased to tenants. The owner has agreed to monitor the types of uses and the required parking tbr each on a spread sheet which will be submitted as part of the building permitting process. in addition, each tenant's lease will require that a copy of the sheet be submitted with their applications for occupational licences. This spread sheet will be maintained and updated by the property owner and will indicate the amount of provided parking on the ske, the deduction of required parking per bay and applicable calculation rate, and the remaining unaliocated amount of parking spaces. This monitoring method is similar to what has previously been accepted by the City in similar situations, such as Levitt Commercial's project on Lots 9-12 (~t), High Ridge Commerce Center. Project Planner cc: Michael Rumpf Robert Burrow The applicant agrees to monitor the utilization of parking as outlined above, and this method will put no undue monitoring burden on City staff, i hope this addresses any concerns you may have. Please feel free to call with any questions. Sincerely, Joni Brinkma., AiCP _, PAR PL",L'h,,':; ':':-. 0 DEVELOPMENT t I532 ()Id Okeechobee Road. Suite i06. West Palm Beach, FL 33409-5270 'Icl: 561-680-4670 · Fax: 561-~89-5559 · g-maih winstonwla(d,aol.com EXHIBIT "C" Conditions of Approval Project name: Motorola PID File number: USAP 03-001 Reference: See Exhibit "D" - Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Staff recommends that the following uses be eliminated from the list of X proposed permitted uses: · Athletic & Aerobic Clubs / Specialized Instruction, including such Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT uses as gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studios, and fitness centers; · Automobile and vehicle accessories, furnishes, customization, and sales. 2. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be continuously maintained by the property owner and submitted to the Building Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Allow gymnastic centers, cheerleading schools, and the installation, repair, X and service of alarms, stereos, and window tinting for automobiles, and ancillary sales on Lot #3. Also, the applicant must present traffic data and a statement indicating that the proposed use(s) would not exceed traffic counts currently approved for the DRI as based on square footage and uses approved for lots designated "Industrial" and "Office". ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ,fl~ ~ S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Club Meadows APPLICANT'S AGENT: Bradley Miller- Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FI 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request major site plan modification for the construction of a new 3,055 square foot clubhouse on an approximately 2.08 acre parcel within the 44.734 acre Tract H of the Meadows PUD. LOCATION OF PROPERTY: 100 Meadows Circle DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli.cant ,'~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby K' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: ~-~ -0:3 S:\Planning\SHARED\WP\PROJECTS\Club Meadows\MSPM 03~ All further development on the prop~e made in accordance with the terms and conditions of this order. /~0~ O~ ~~~ Other { ~,,,,_?,~ ~== ~ I_ ' I /il. ~ Clerk 1 in. = 303.3 feet Club Meadows- Location Map .EXHIBIT '"A" ' SITE /~EAOOWS E~LVO VICINITY MAP NOT TO SOALE P 0 f- tI E~HIBIT "B" Club Meadows Apartments Meodow$ PUD Poflio~ of lfacl H Meadows 300, Plal 2 Boy.ton Beach. FL EXHIBIT "BI' l FI EXHIBIT '"B" EXHIBIT "B" lllji:":: JJlJH ii[lJ[[}[{l iii}ii iI Iiii , . il' }iii c~mc m EXHIBIT "B" il I I~ ITl l 'iiiiJilii .11 !".,1!Ilti~ 'l~i['.-ql ,:l ,I.~ EXHIBIT EXHIBIT "B" IN1ERSTATE 96 i I EXHIBIT "B" / ! / / / / / / / / / ! / / / / ,,.~ / / / / / / / / ! / / / / / / / / / / / / / / / / / II / / / 1 \ / / / i IEXHIBIT "B" ! ! ! ! ! ! / ! / / ! / / / / / ///// /~/ / / / / / / / / / / / / / / / / / / / / / / ! / EXHIBIT "C" Conditions o£ ^pproval Project name: Club Meadows File number: MSPM 03-005 Reference: 2nd review plans identified as a Maior Site Plan Modification with a July 1, 2003 Planning & Zoning. Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be X included that utilities are available and will be provided by other appropriate agencies. This statement is missing on the submitted plans. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 4. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DIVISION Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 5. Indicate within the site data the type of construction of each building as X defined in Chapter 6 of the 2001 Florida Building Code. 6. Buildings, structures and pans thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 7. The accessible parking spaces that serve a use shall be located on the shortest X safely accessible route of travel from adjacent parking to an accessible entrance. The 2001 Florida Building Code states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. 2001 Florida Building Code, Sections 11-4.1.2(5), 4.3, and 4.6. 8. The location of the accessible path shall not compel the user to travel in a X drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 11-4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of the 2001 Florida Building Code. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 Florida Building Code. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, prior to the issuance of a building permit, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? DEPARTMENTS INCLUDE REJECT 11. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 12. All areas of the clubhouse and office, including the exterior decks and X boardwalk, shall be fully handicap accessible per Title 24 CFR 100.205(c)(1) or Chapter 11 of the 2001 Florida Buildin~ Code. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 13. The removal / relocation of landscape material is subject to review and X approval of the City Forester / Environmentalist. 14. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 15. All new trees are required to be at least 12 feet overall height (3 caliper X inches) at the time of installation. 16. On the landscape plan, ensure that the proposed landscape species and X quantifies match between the tabular data and graphic illustration. 17. Approval from the Palm Beach County Traffic Engineering is required prior X to issuance of a permit. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: X 18. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 19. To be determined. ~ ~ S:\Planning\SHARED\WPXPROJECTS\Club MeadowsLMSPM 03-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Mr. Winston Lee / Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 4150 Southwest 28th Way Fort Lauderdale, FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 71,547 square foot retail /industrial building on 3.8 acres in the Boynton Commerce Center PID LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\Boyn All further development onpro~;;l~[;L,l~hallthe be made in accordance with the terms and conditions of this order ~,.~o¥#/.o~ .~~ Other 8- -o3 //I. ~ ~C~" /~i~ Clerk ~~tr, Lot 3B~NWSP 03-O09~DO.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" R3 _I PCD C3 -R1 EXHIBIT "B" BOYNTON COMMERCE CENTER, PID BOYNTON BEACH PALM BCH. COUNTY, FLORIDA EXHIBIT "B" {J}! ,,:u : ::" ~' { {} j LEVITT COMMERCIAL m EXHIBIT "B" LB/I'Tr COMMERCIAL EXHIBIT-"B" .-(~ LEVI'IT COMMERCIAL ml EXHIBIT "B" ~ ~ i ,, ~ LEVlTI' COMMERCIAL i' EXHIBIT "B" LEVlTr COMMERCIAL EXHIBIT "B" ' ~"~ ":'"'~-'~ ..... ' ..... ,!.!b, I :I III LEVITT COMMERCIAL BOYNTON COMMERCE CENTER Parc~ 3B jill! ~ ,. iI~1 ' "-~ Iiii DESIGNED BY: CARTER & ASSOCIATES i.,,I~II:)SCAPE ,~i:;HITEC'T'S, Ill~. EXHIBIT "B" LEVI'i-r COMMERCIAL BOYNTON COMMERCE CENTER Pan:/I 3B DESIGNED BY: C.~RTER & ASSOCIATES LANDSCAPE ARCHITECT'S, INC. LEVITT COMMERCIAL BOYNTON COMMERCE CEHTER Parcel 3B I ) EXHIBIT "B" DESIGNED BY: C~tTER & ASSOCIATES LANDSCAPE ARCHITECT'S, INC. EXHIBIT "R'_' ' i I I LEVITT COMMERCIAL BOYNTON COMMERCE CENTER Pm~el ~ .. . . ,...1 , ,. I~ t . ~ It i~ ~l, , - ": '"'::':" :' ' I : I lli I : ' I : ' i i i,,, I,: ~l [ j !! :I! [ il " II ..,iii, · il , I l]ltj ~ [ ,:- II[,i.,, .: ,,., i ,fiji! j J JJJ ! Ii!ill ' : il' i i il~;J I I II l/ Ill / /'f DESIGNED BY: CARTER & ~SOCIA'~S LANDSCAPE ARCHITECT'S, INC. l.J 'EXHIBIT "B" I I I I I I -J I I I I I I I I / Ir~io~ ~ F~' LEVI'FI' COMMERCIAL BOYNTON COMMERCE CENTER P~rcel 3B DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHFFECT~, INC. EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Commerce Center Lot 3B File number: NWSP 03-009 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: X 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. 2. The dumpster gate opening shall be a minimum of 10 feet in width. (LDR, X Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.) Adjust "Dumpster Plan" detail accordingly. Due at time of permitting. PUBLIC WORKS- Traffic Comments: 3. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. Due at time of permitting. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide written and graphic scales on all sheets, which would include the X landscape plan. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 5. Show 25-foot sight triangles on the landscape plans (Chapter 7.5, Article II, X Section 5.H.). Use 25 foot sight triangles. 6. At the time of permitting, indicate, by note on the landscape plan, that within X the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 7. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 8. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. 9. Provide copies of cross-access agreements between the proposed project and X adjacent properties. BUILDING DIVISION Comments: 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psi) on the plans for the building design and the mezzanine areas. 12. Vertical accessibility to the second floor/mezzanine area shall be required per X the 2001 FBC, Sections 11-4.1.2, 11-4.1.3(5) for New Construction and Section 11 4.1.6 for Alterations. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. According to the CBBCPP 3C3.4, the City shall continue to encourage the use of non-potable water for landscape irrigation. An alternate water source other than city water shall be utilized for the irrigation system. 15. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. DEPARTMENTS INCLUDE REJECT 16. Submit structural details and floor plan of the optional mezzanine areas. X 17. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 and Section 503 of the 2001 FBS. General area modifications to buildings shall be in accordance with Sections 503.3, 503.3.2, and 503.3 of the 2001 FBC. Provide calculations verifying compliance with the above code sections and Table 500. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The existing landscape buffer West of Corporate Drive along the Lake Worth X Drainage District E-4 canal must be designed by the removal of exotic nuisance trees/vegetation and replacement with native trees/vegetation. This plan should be shown in detail on the landscape buffer (Cchapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. The subject property lies within a Wellfield Protection Zone. All future uses X are subject to both Section 9.3 of the Unified Land Development Code and the Wellfield Protection Ordinance of Palm Beach County. 20. If required by the Engineering Division of Public Works, any necessary X abandonment and rededication of easement(s) must be processed and recorded prior to issuance of a building permit (ABAN 03-005, ABAN 03- 007, ABAN 03-008, and ABAN 03-009). 21. Parcel 3H is not within the scope of this application and cannot be counted as X application. 22. All plans must indicate the scale and north arrow. X 23. A cross parking / cross-access agreement shall be secured prior to the X issuance of a building permit. 24. At the time of permitting, the drainage plan shall be reviewed and approved X by the Engineering Division (Chapter 4, Section 7.F.). 25. At the time of permitting, separate and indicate the proposed plant material X into the following categories: Shade trees, palm trees, shrubs / hedges, and groundcover. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 26. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). 27. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 28. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 29. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percent of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 30. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article II, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 31. Place a note on the landscape plan that all above ground mechanical X equipment such as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened (Chapter 9, Section 10.C.4.). 32. Rooftops will be treated as part of the building permit. All rooftop equipment X must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section 11 .E.). 33. To be consistent with both the Lowe's store and the signage within the PID, X staff recommends that the letters of the wall signs on the proposed building of Lot 3B be either blue or black. 34. Staff's intention is to draw less attention to the downspouts, and therefore, is X recommending that the downspouts be painted to match the main building color (light gray- Texcote BM #1611). Regardless, the elevation pages need to indicate the location of the proposed building colors, which would be consistent with the colored rendering. 35. Staff recommends installing additional tall growing, small canopy palm trees X along the west and north sides of the building. The applicant may choose from the following species of palm trees (Carpenter, Areca, Alexander, or Macarthur). 36. Since the landscape strip (proposed along the northern portion of the lot) X DEPARTMENTS INCLUDE REJECT would function as a landscape buffer, staff recommends installing additional colorful groundcover plants on the north side of the proposed Redtip Cocoplum hedges. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 37. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3 8. To be determined. ~ S:\Planning\SHARED\WPLPROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\NWSP 03-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Berry Veal Corporation Jaime M. Plana APPLICANT'S ADDRESS: 1053 S.W. 12th Street, Boca Raton, FI 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 5,807 square foot addition to an existing business on a 1.338-acre parcel in a Light Industrial (M-l) zoning district. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Ap p, li/cant x, HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applic,~nt's application for relief is hereby 2~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. the be made in accordance with the terms 6. Ail further development on ~~/.;,~ and conditions of this order. 7. Other DATED: ~ - ~- O-.-~ . S:\Planning\SHARED\WP\PROJECTS\BERRY VEAL\CO~US 0~~'O.doc-clty~ Clerk LOCATION MAP BERRY VEAL EXHIBIT "A" LU I: 4,..0 .EXHIBIT "B" Neptune Drive , EXHIBIT "B" m-I mfrl T 0 T r- © T 2:: 0 0 0 0 Z I ~o-~ m ~0 8 aC, _--8 EXHI BIT "B" EXHIBIT "B" Z DEFROST ~ i , 0 I '~ '' ~ ! ~ i EXH IBIT "B" zm XHIBIT "B" A , I m 5 FEET HIGH HEDGE LANDSCAPE BUFFER ~ , · 25' SIGHT Ti~'~NGLE '-'XHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: BerryVeal File number: Conditional Use Reference: 2nd review plans identified as a Conditional Use with a July 1, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. Indicate by note on the plan that the required gates for the dumpster shall X contain long steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the locking rods. PUBLIC WORKS- Traffic Comments: 3. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Show all existing utilities and easements on Site Development plan (Chapter X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4, Section 7.A.3). 6. Indicate to what standard(s) the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 7. At time of permitting, show sight triangles on the landscape plans at the X property lines (Chapter 7.5, Article II, Section 5.H) using a 25-foot triangle. 8. Indicate, by note on the Landscape Plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (Chapter 7.5, Article II, Section 5.H). 9. Provide a Utility plan which includes water, sanitary sewer, storm sewer, and X all associated appurtenances. Indicate, on the plans, material, diameter, etc. for each. 10. Drainage plans, showing the existing conditions and any proposed X modifications, shall be provided at the time of permitting. 11. Provide a detail showing the existin$ and/or proposed surfacing section. X BUILDING DIVISION Comments: 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the/each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 FBC]: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 14. Vertical accessibility to the second floor/mezzanine area shall be required per X the 2001 FBC, Sections 11-4.1.2, 11-4.1.3(5) for New Construction and Section 11-4.1.6 for Alterations. 15. At time of permit review, submit signed and sealed working drawings of the X DEPARTMENTS INCLUDE REJECT proposed construction. 16. Clearly show all plumbing fixtures (including any proposed) on the floor X plan. Comply with Table 403.1 2001 FBC, Plumbing for minimum required fixtures. 17. Occupant load noted on sheet A-2 shall comply with Table 1003.1 of the X 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 18. Include a color rendering of all four (4) elevations prior to the Planning & X Development Board meeting. (Chapter 4, Section 7.D.). 19. All elevations must indicate the proposed colors, including the paint X manufacturer's name and color code (Chapter 4, Section 7.D.). Staff recommends matching the color(s) for both the proposed addition and existing building. 20. The front landscape buffer must contain a combination of colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.D.). 21. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 22. Staff recommends screening the existing mechanical equipment (on the X ground as shown on the west elevation) with additional landscaping or other screening materials. 23. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 24. None X ADDITIONAL CITY COMMISSION CONDITIONS J Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: 25. To be determined. '~[0~ _~~ S:\Planning\SHARED\WP\PROJECTSXBERRY VEAL\COUS 03-005\COA.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Serrano Beach Mr. Chip Bryan- Julian Bryan & Associates 1700 Northwest Arcadia Way, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Request site plan approval for 47 single-family dwelling units 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant '~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X' 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 and conditions of this order. 7. Other DATED: S:\Planning\Shared\Wp\Projects\Serrano Beach\NWSP 03-010\DO.doc ade in accordance with the terms ity Clerk Location Map Serrano at Boynton Beach ~IJC o 1SITE PU PU REC 800 800 Feet PU N EXHIB UN-SUBDIVIDED VILLAGE OF GOLF Zoning: P * Public UR UN-~UBDIVIDED VILLAGE OF GOLF Zolllng: R - Resldent~l Single-Family and Golf Cour~ VILLAGE OF GOLF Re~de~tJ~t S~ngle-F~rntl¥ Julian Bryan & Associates I ' ~ SERRANO EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" D.R. HORTON HOMES Boyton Beach, Florida EXHIBIT "B" T o~ ~z Serr~no Be~ch ~ ! ~ ~.~. HOtqTO/V HOIId£$ ~ t~oyton ~each. Flor/d~ ~ ~ EXHIBIT "B" ~ l~./q, HOIqTON HOA4£S ~oyton ~each, Flor/da EXHIBIT "B" , ,~,I~- ,I Boy'ton Beach. F/or/da EXHIBIT "B" L~err~no ~e~¢h D.~q. HOlqTON H0~£$ EXHIBIT "B" :"lfr EXHIBIT "B" j i EXHIBIT "B" EXHIBIT "B" .~i;t, !}jJJ I Illi ® l!~l [ til [ ........ _~_ ...... .~__ I I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ! EXHIBIT" EXHIBIT "B" EXHIBIT "B" i~. ~ FXHII:51 I "ts" II I ': [] Ifil! :!I I EXHIBIT "B" i, . EXHIBIT "B" {i . EXHIB T "B" I :: ,],l:Ja, Ji ~:l illl Il ' EXHIBIT "B" i EXHIBI I "B" EXHIBIT "B" EXHIBIT "B · iii illjl ,, !ilJJJ l!:l::l ]iJ~l J i ' jl I I I I ~l[' i' i 1' ' ljl [:' EXHIBIT "B" i EXHII~I I "B" · F:XI~IIBI I "B" EXHIBI-1= "B" i "~ I J illj jii"ill II I !itli '"iiljjl i '"':'' '1 Ii1: EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHBIT "C Conditions of Approval Project name: Serrano Beach File number: NWSP 03-010 Reference: 2na review plans identified as a New Site Plan with a July 8, 2003 Plannin~ and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide off-site improvements to provide an access for the homeowner (Derle X Bailey) to the north. Meet with the homeowner to determine his needs and provide access accordingly. Inform the City of Boynton Beach Engineering Department in advance of the meeting of the time, date and location so that a representative can attend. UTILITIES Comments: 2. Prior to the issuance of a building permit, provide the location within the X adjacent elementary school site that this proposed subdivision will be connecting to. If the elementary school site is also located on a lift station, justify that it has capacity to intake this development's flow, or reflect the changes that will be required to the school's system(s) to accommodate this development. ENGINEERING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 4. Show sight triangles on the landscape plans (Chapter 7.5, Article II, Section X 5.H.). Each sight triangle shall be 35 feet at the property lines per Chapter 7.5, Article II, Section 5.H.2. of the Land Development Regulations. 5. Specify storm sewer diameters, inlet types, etc. on the Preliminary X Engineering plan. Indicate proposed inlet and invert elevations for all structures, and proposed lake elevations on the Preliminary Engineering plan. COA 08/07/03 2 DEPARTMENTS INCLUDE REJECT 6. Full drainage plans in accordance with Chapter 6, Article IV, Section 5 will X be required at the time of permitting. 7. Provide copy of the Lake Worth Drainage District permit for the outfall into X the L-28 canal. 8. A Clearing and Grubbing permit and an Excavation/Fill Permit will be X required and may be applied for prior to site plan approval. 9. Upon Commission approval of the site plan, the applicant shall meet with the X Engineering Division to initiate the plat process. 10. Provide a naming plan for the proposed streets within the subdivision. X Comments: 11. Design documents shall demonstrate compliance with Chapter 6, Section 16, X which provides requirements for hydrants. Connections shall be to mains no less than six (6) inches in diameter. POLICE Comments: None X BUILDING DMSION Comments: 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: 15. The Parks and Recreation Facilities impact fee is figured based on 47 single- X family units; 47 single-family units ~ $940 ea = $44,180 COA 08/07/03 3 DEPARTMENTS INCLUDE REJECT The fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST 16. The applicant must design / install native species of upland trees, under story X and littoral plantings along 50% of the lake perimeter within the entire 20 foot wide lake easement. The upland and littoral plantings must be contiguous to each other and cover 50% of the lake per/meter. A cross-section of the design should be included on the landscape plan. 17. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 18. All newly installed trees noted on the Landscape Quantities list must be a X minimum of 12 feet in height, 3 inches DBH (4.5 feet above ground), Florida #1 quality (Chapter. 7.5, Article II Sec.5.C.2.). 19. There is no irrigation system design included with the site plans (Chapter. 7.5, X Article II Sec. 5,A.). Submit irrigation plans at the time of permitting. PLANNING AND ZONING Comments: 20. Approval of this project is contingent upon the approval of the accompanying X request for annexation in the City Of Boynton Beach (ANEX 03-001). 21. A re-plat will be required. Abandonment and rededication of any easements X can occur during the platting process but no building permit will be issued until the process is successfully completed. 22. At the time of permitting, on the site plan (sheet 1 of 1), name this sheet as X both the "Master Plan" and "Site Plan" since it will serve as both according to Chapter 2.5, Section 10.A.3.d. 23. At the time of permitting, the floor plans, landscape plans, and elevations X should directly correspond to each other (Chapter 4, Section 7.C). 24. The "unit type" designation (i..e. Unit 1950, Unit 2279) must match between X the floor plans and the Typical Landscape Quantities tabular data. 25. Prior to the issuance of a building permit, the Palm Beach County Traffic X Division shall approve the Traffic Equivalency Statement (Chapter 4. Section 8.F.). COA 08/07/03 4 DEPARTMENTS INCLUDE REJECT 26. At the time of permitting, the elevation pages shall indicate the exterior finish, X paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 27. All proposed signage is subject to review and approval of the Planning & X Development Board and City Commission. 28. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). 29. The removal / relocation of landscape material is subject to review and X approval of the City Forester / Environmentalist. 30. All plant material shown on the landscape plan (sheet 2 of 5), in particular X within the landscape buffer, must be identified with a symbol and its corresponding quantity. At the time of permitting, identify all plant material of this page. Approval of the common area landscaping (by the City Forester / Environmentalist and Planning & Zoning staff) is required prior to the issuance of a building permit. 31. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 32. At the time of permitting, provide an overall plant list that accurately X identifies all (total) plant mater/al provided. 33. All trees are required to be at least 12 feet overall height and three (3) caliper X inches at the time of installation (Chapter 7.5, Article I1, Section 5.C.2.). This impacts the Bougainvillea, Ligustmm, Wax Mytle, Alexander Palm, Washingtonia Palm, and Sabal Palmetto trees. All trees identified on sheet 3 of 5 must comply with this requirement. Correct the spelling of "Gumbo Limbo" tree. 34. On the landscape plan plant list (sheet 3 of 5), correct the proposed Future X Land Use from "MDR" to "LDR". 35. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 36. Fifty percent (50%) of all site landscape materials must be native species X COA 08/07/03 5 DEPARTMENTS INCLUDE REJECT (Chapter 7.5, Article II, Section 5.P). Separate and indicate the proposed plant material into the following categories: Shade Trees, Palm Trees, Shrubs / Hedges, and Groundcover. Please tabulate the amount of native material in each plant category. 37. At the time of permitting, place a note on the master site plan / site plan (sheet X 1 of 1) that the maximum height of any proposed screened enclosure shall never exceed the mean roof height of each single-family dwelling unit. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 38. Provide perimeter fence around project through maintenance of existing or X addition of new fencing where currently void. X 39. The proposed fence (along the south property line) be placed along the northern limits of the 1 O-foot wide landscape buffer. 40. The developer should maximize as much as possible, the rear setbacks of X those lots abutting the north property line. 41. At the southern property line, the developer shall irrigate the north side of the X of the canal consistent with the Lake Worth Drainage District's requirements. 42. The developer shall work with Chant 6clair Lake Estates regarding the X maintenance (installation of bahia grass and other vegetation) of the entranceway over the LWDD canal. 43. In reference to the street lighting on the subject property, the developer shall X coordinate with the Village of Golf in order to minimize glare and spillage. 44. The developer shall install more shade trees (double the amount) along the X entire northern property line. 45. The developer shall work with Mr. Derle Bailey on the relocation of the X shared ingress / egress easement (along the subject property's western property line). COA addition comment 08/07/03 6 DEPARTMENTS 46. No solid-roof enclosures shall be permitted within the rear yard. 47.The developer shall install additional scented / fragrance type of landscape material around the lift station subject to the Engineering Division review and approval. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. A minimum setback of 25 feet shall be maintained along west boundary, which abuts the Village of Golf. Amended site plan submitted for permits shall be revised accordin~gly. MWR/elj S:\Planning\Shared\Wp\Projects\Serrano Beach\NWSP 03-010\COA.doc INCLUDE X X REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger- Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ?(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby 2(' 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 and conditions of this orde~ 7. Other DATED: '8 -~ - O~,'~ shall be made in accordance with the terms ~ City Clerk Location Map DiLorenzo ABAN 03-006 EXHIBIT "A" ~R2 NE AVE M1 I NE 9TH AVE 8TH AVE N EXHIBIT '"B" LOCATION MAP NOr rD SCAl.£ LEGEND: ~ = CENTERLINE CONC.= CONCRETE ~ = WALL " '~ = CHAIN LINK FENCE QVERHEAO UTiLII'Y ~.-~..~,LH. = SANITARY SEwEr? ,~,tANHOL~ 006~ ~CRES. ~ORE OR LEi~ FL 000 ZONE: tO7. Sg" LC? 23 BL :_7CH 4 LOT 24 BLOCK 4 LOT 25 BLOCK LOT 27 ~. OCK 4 LOT 26 BLOCK 4 MAP OF BOUNDARY SURVEY OESCRIP nON: THAT RORrION OF A 20 FOOT ALLEY RtGHF CF' ;V4Y LYING EAST OF ANO ADJACENT ro LOT5 2~. 20..4~,'0 26. BLOCK 4. LAKE AODll'ION I'0 80YNTON ~EACH. ACCORDING rD rile PLA r THEREOF AS RECCRCED .'N PLAT BOOK ~. PACE 7~ OF rile PUBLIC RECORO5 CF PAL.~ BEACH COUNTY. FLOR/DA. P~U'._ o. SURVEY' OR ~ MAPP~ ,~15708 O'BRIEN, SU/TER & O'ER/EN, ¢1C. LAND SURVEYORS C£R[~'ICA rE OF AUrHORIZA [[CN ~I£~.~5J £URVEYCR A~ VAPPE,~ ~ RES~NS~LE CHARGE: PA~ O. ENCLE 260l NORTH FEDERAL ~WA Y. OELRAY EEACH, FL ORCA '~8~ (5~0 27G-450I 73Z-~279 FAX 276-2390 ~ ~, . EXHIBIT B '"~,~, · ~ PROPOSED ABANDONMENT .... "'"' -' --- ~-T'"-.-"' ...... ~t'1- I . 1. I I I J 1 -- .... 0~O. ' ' I ' ' ; ' EXHIBIT "C" Engineering Department t. 401 Northpo~t Park'way West Palm Beach, FI 33047 February 21, 2003 R_E: Letter of Abandonment i.e.: Lot 24 thru 26, Block-4, Lake Addition to Boynton Beach, According to the Plat thereof as Recorded in Plat Book I I, Page 71, Of the Public Records of Palm Beach County, Florida. Dear Mr. Kruger: tn reviewing your request on the above rcf. project, Adelphia ( WPB )...has no objections in ~c abandoning of easement to the above legal descr/pdon, az long ax Adelpkia facilities are granted the proper casements. We have fac/lit/es on the north east section that require proper easements. Should you have any other questions, please, feel flee to call me at !-551-656-8932 / Fax Numbers - 1-561-640-3996 / e-mail samu,l.gonzalc"db2adelphi~,¢om Sin:er:ly, Ade[phia Engineering Group Florida Public Utint~es Compcm¥ EXHIBIT "C" P.O. Box 3395 West ?aim Beach FL 33402-3395 (561)832-2461 July 8, 2002 Mr. Beril Kruger Beril Kruger Plannin & Zoning Consultants 9 NE 16th St. DeIray Beach, FL 33444 RE: N.D. Auto, 902 N. Federal HuT., Boynton Beach, FL 33435 Dear Nfl'. Kruger: ?[e~e be advised the Florida Public Utilities Company has no objection to the ab~donment of tl,.e existing easement described in your letter. At the present time, we have no under~ound gas distribution facilities located within the limits of the proposed abandonment. Sincerely, '/ Engineering Aide CC: D.E. Pellico C.C. Canino EXHIBIT "C" B SOU.TH 8ellSoulh Telecammunicadon:, Inc. ENGINEERING OEPT, - RM. 107 ~021 SO. MILITARY TRAIL WEST PALM 8EACH, FL ~3415 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street Delray Beach, FL 33444 RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY PJW N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BeliSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document tha~ encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, Michael F. Koenig Specialist- OSPE MFK:is i · 'EXHIBIT August 5, 2002 Beril Kruge, Plmm/ng & Zoning Counsultants 9 NE. 16th :;treet Dell'ay Beat 5, Fl. 33444 RE: Legal D~_scription: Lots 24 ti, u 26, Block-4, Lake Addition to Boynton Beacl-n, According t,~ the Plat Thereof as I ecorded hl Plat Book I 1, Page 71, of the Public Records off'aim Beach County, F"orida_ Dear Mr. K, uger: Florida Po,,~ *~ '~' ' ' ' ' ' ': " ' ",' abandonfr,.a of' easements to the above ~, c,., J_ig~L 2d2~ V.O OOjeC~lO~-S L"i ~,.e - leg,',l descri[' tion, as long as Flor'ida Power & Light facilities are granted the proper easements. W'e have facilities on the north east section of lot 24 that require proper easements. EXHIBIT "D" Conditions of Approval Project name: DiLorenzo File number: ABAN 03-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: I. The proposed replacement easement shall be no less in width than the X existing alley. 'The twenty (20) foot ~vide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we w/Il have no objection to the abandonment of the alley right-of-way. ADDITIONAL COMMU,.'NITY REDE~v-ELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined.