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Minutes 05-04-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 4, 2004 AT 6:30 P.M. present Jerry Taylor, Mayor Nike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager .lim Cherof, City Attorney ~lanet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Randall Gill, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Gill offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced that item VI.C.6, Proposed Resolution No. R04-074, was being deleted from the agenda. It will not come back to the City Commission. 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda as amended. Commissioner McCray and carried unanimously. Notion was seconded by II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler reported on the Palm Beach County Intergovernmental meeting that he attended. The County has the following concerns regarding annexations: · Cities with overlapping desires, looking to annex the same properties · Leapfrogging, where cities are looking to annex some areas without annexing areas adjacent to the cities · Developers going to the cities when they cannot get zoning changes from the County · Lack of planning on part of cities regarding annexation Meeting Minutes Regular City Commission Meeting Boynton Beach, Floridi~ May 4~ 2004 Commissioner McKoy said that he recently attended a conference of the National League of Cities in Portland, Oregon, dealing with children, youth and communities. There were a couple of items that came out of the conference that he discussed with City Manager Bressner. One pertained to how our City works with our community school and the other was the idea of including our community in the City Commission meetings. Commissioner McCray requested copies of any literature that Commissioner McKoy might have. Commissioner McCray announced that there would be free Judo demonstrations on May 8th at 1:00 p.m. at Ezell Hester, .lr. Community Center. III, ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTSt & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: a. A Day of Prayer - May 6, 2004 Mayor Taylor read the Day of Prayer Proclamation and presented it to Pete Mazzella, Deputy Utilities Director. Mr. Mazzella thanked the Mayor, Commission, City Manager and staff for recognizing the value of prayer in our community. b. World War I! Submariners Remembrance Day - May 8, 2004 Mayor Taylor read the World War !! Submariners Remembrance Day Proclamation and presented it to Robert Zimmerman from the Boynton Veterans Council. Robert Zimmerman thanked the City for permission to install the plaque at !ntracoastal Park. He invited everyone to attend the memorial service on May 8th at 2:00 p.m. c. National Public Works Week - May 16-22, 2004 Mayor Taylor read the National Public Works Week Proclamation and presented it to Jeff Livergood, Public Works Director. Mr. Uvergood said that many people consider Public Works to be primarily maintenance activities. However, it also includes professional engineering services. He also noted that many of the functions provided by the City's Utilities Department add greatly to the Public Works profession throughout the country. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 4, 2004 d. Law Enforcement Appreciation Month - May 2004 Mayor Taylor read the Law Enforcement Appreciation Month Proclamation and presented it to Marshall Gage, Police Chief. Police Chief Gage expressed appreciation for this recognition on behalf of the 139 Police officers who serve our community. He announced that there would be a memorial service and awards ceremony next Wednesday night at Village Royale on the Green. PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZMTrED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may nc, cd to be adjusted depending on the level of business coming before the City Commission) Herb Suss, Quail Run, gave an "A' to Beth Crane, reporter for the Sun Sentinel. This past Sunday the Golf Course management treated four sailors to a round of golf and lunch to honor them. Mr. Suss also hoped that the Commission could find a way to fund books for the Library. Betty Pierce, Recreation & Parks Board Chair, thanked City staff for the Great American Clean-up. She hoped that the City would also support the Coastal Clean-Up on September 18~. Ms. Pierce said that at the last CIP meeting, there was discussion regarding the Tennis Center. The Recreation & Parks Board supports more research in having a park called the "boundless playground" park put in that area. This type of playground is designed for children of all abilities. At the Board's next meeting, they will visit .lohn Prince Park where this type of facility is in place. Sarah Williams, 1331 SW 27th Avenue, spoke regarding the Rolling Green neighborhood. She said that the medians went from grassy green to brown chips on NW 17t~ Avenue. She appealed to the Commission to replace the grass and plantings on the medians to improve the image of the neighborhood and give the residents a sense of pride. Many concerned citizens worked extremely hard over the years in a partnership with the City for neighborhood enhancement. She referred to an agreement that was made with the neighbors dated .]une 17, 1997. Ms. Williams said that she was told that this was done for water conservation as was done on Federal Highway. She felt that mulch causes erosion and must often be replaced. :It also causes insects and does not improve soil stability. Mayor Taylor explained that water conservation is everyone's business and it was not restricted to any one neighborhood. Tt is used Citywide and, if installed correctly, mulch can be beautiful. Commissioner McCray said that this was the first time he has heard any comments regarding these medians. He had not received any telephone calls one way or the other. Terrence Rothman, homeless, spoke regarding religious persecution. The founding fathers of the Constitution wrote the strict separation of church and state as a key principal into the 3 Meeting Minutes Regular City Commission Meeting BoYnt~n Beach, Florid~ M~y 4, 20q4 American political thought. Mr. Rothman requested that religious exchange and dialogue here in Boynton Beach do not suffer through the intervention of police and/or state agents. He wanted to ensure that the police do not overstep their legally defined position by entering church communities to prevent ethical evaluation of moral positions. Lance Cheney, Pastor of St. John's Missionary Baptist Church, thanked the City for participating in the monthly community forums. From the beginning, St. 3ohn's Church has been involved in pulling the community together to help develop the Heart of Boynton project. The Church has a diverse membership of approximately 1,800. A large percentage of the members live within that community. Pastor Cheney wanted the Commission to know that the church members support the Heart of Boynton project. Change must happen for the future of the community. Without it, there would be blight. The project will bring pride of ownership and will challenge some of the criminal activities. They want to partner with the City. There are a few individuals that have some concerns regarding losing properties. That is normal; however, sometimes it is because they do not have all of the information. Mayor Taylor commented that the City Commission is united in moving ahead with the Heart of Boynton project. Since there was no one else who wished to speak, the public audience was closed. V. ADMZNTSTRAT'[VE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II McCray Advisory Bd on Children & Youth Reg IV McKoy Advisory Bd on Children & Youth Alt Mayor Taylor Advisory Bd on Children & Youth Alt 2 yr term to 4/06 Tabled (2) 1 yr term to 4/05 Tabled (2) 1 yr term to 4/05 Tabled (2) All appointments were tabled. III Ferguson Arts Commission Reg III Ferguson Arts Commission Alt 2 yr term to 4/06 Tabled (2) 1 yr term to 4/05 Tabled (2) Vice Mayor Ferguson appointed Kimberlee McGow as a Regular Member of the Arts Commission. He also appointed Linda Sage as an Alternate Member of the Arts Commission. MOtign Commissioner McKoy moved to approve the appointments. Commissioner Ensler seconded the motion that carried unanimously. Mayor Taylor Cemetery Board Reg T Ensler Cemetery Board Alt 3 yr term to 4/07 Tabled (2) 1 yr term to 4/05 Tabled (2) Mayor Taylor appointed Michael Enkoff as a Regular Member of the Cemetery Board. 4 Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, Florida May 4, 2004 One appointment was tabled. Motion Vice Mayor Ferguson moved to approve the appointment. that carried unanimously. Commissioner McCray seconded the motion Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 Tabled (3) The appointment was tabled. TI McCray Community Relations Board Reg 3 yr term to 4/07 Tabled (2) Commissioner McCray appointed Brenda Lee Williams to a three-year term as a Regular Member of the Community Relations Board. Motion Commissioner McKoy moved to approve the appointment. that carried unanimously. Commissioner Ensler seconded the motion Mayor Taylor Education Advisory Board Stu IV McKoy Education Advisory Board Alt Mayor Taylor Education Advisory Board Reg I Ensler Education Advisory Board Reg II McCray Education Advisory Board Reg III Ferguson Education Advisory Board Alt IV McKoy Education Advisory Board Stu i yr term to 4105 1 yr term to 4 2 yr term to 4 2 yr term to 4 2 yr term to 4 I yr term to 4 I yr term to 4 f05 Tabled (2) f06 Tabled (2) f06 Tabled (2) f06 Tabled (2) f05 Tabled (2) f05 Tabled (2) All appointments were tabled. IV McKoy Library Board Alt i yr term to 4/05 Tabled (2) The appointment was tabled. III Ferguson Planning & Development Board Reg 2 yr term to 4/06 TV McKoy Planning & Development Board Reg 2 yr term to 4/06 Mayor Taylor Planning & Development Board Reg 2 yr term to 4/06 T Ensler Planning & Development Board Reg 2 yr term to 4/06 II McCray Planning & Development Board Alt i yr term to 4/05 TI1 Ferguson Planning & Development Board Alt 2 yr term to 4/05 Vice Mayor Ferguson appointed Sergio Casaine as a Regular Member of the Planning & Development Board. Commissioner McKoy appointed Woodrow Hay as a Regular Member of the Planning & Development Board. Mayor Taylor appointed 3ose Rodriquez as a Regular Member of the Planning & Development Board. Meeting Minutes Regular City Commission Meeting B~vnton Beach, Fl~ri~la Mpv 4, 2004 Commissioner Ensler appointed Roqer Saberson as a Regular Member of the Planning & Development Board. Commissioner McCray appointed Mike Friedland as an Alternate Member of the Planning & Development Board. Vice Mayor Ferguson appointed Mike Fitzpatrick as an Alternate Member of the Planning & Development Board. Motion Commissioner McCray moved to approve the appointments. Commissioner HcKoy seconded the motion that carried unanimously. Iv McKoy Recreation & Parks Board Alt 1 yr term to 4/05 Tabled (2) Commissioner McKoy appointed John McVey as an Alternate Member of the Recreation & Parks Board. Motion Commissioner McCray moved to approve the appointment, Vice Mayor Ferguson seconded the motion that carried unanimously. I Ensler Senior Advisory Board Alt 1! McCray Senior Advisory Board Alt 1 yr term to 4/05 Tabled (2) 1 yr term to 4/05 Tabled (2) Commissioner Ensler appointed Robert James an Alternate Member of the Senior Advisory Board. One appointment was tabled. M~ti~n Commissioner McCray moved to approve the appointment. motion that carried unanimously. Commissioner McKoy 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: 2. 3. 4. City Commission Meeting of April 7, 2004 City Commission Workshop of April 12, 2004 City Commission Workshop of April 19, 2004 City Commission Workshop of April 21, 2004 Meeting Minutes Regular City Commission Meeting Bovnton Bepch, Fl~ri;i~ Mqly 4r 2004 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES," Bid #045-1412-04/.1A to various vendors, with an estimated expenditure of $50,000 Award Bid #042-2821-04/.1A, "SITE IMPROVEMENTS FOR PUMP STATION 317," to Chaz Equipment Company, Inc. (CEC) and to execute a contract by resolution in the amount of $297,760. Also, approve an owner's contingency of 10% in the amount of $29,776 for a total project budget appropriation of $327,536 (Propose! Resolution No. R04-068) Award Bid #038-2821-04/C]D, "N.E. 17th AVENUE AREA STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT" to Mora Engineering Contractors, Inc., and to execute a contract by resolution in the amount of $1,711,917. Also, approve an owner's contingency of 10% in the amount of $171,191.70 for a total project budget appropriation of $1,883,108.70 (Proposed Resolution No. R04-069) Commissioner McCray pulled item B.3 from the Consent Agenda. C. Resolutions: Proposed Resolution No. R04-041 Re: Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III (7'AB/.£D OAf 05/1~/04 7'0 Vice Mayor Ferguson pulled C.1 from the Consent Agenda. Proposed Resolution No. R04-070 Re: Task Order #P04-17- 01 in the amount of $16,000 to SFRN, Inc. for architectural and engineering services for conceptual design of the repair and/or replacement of the boardwalk at Oceanfront Park Proposed Resolution No. R04-071 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board actions of April 15, 2004: Authorization to appropriate $74,176 from Cities Utility Budget ($37,088 from each city) for the evaluation of collection system odors and treatment services (see Work Task Order 2004-002) Authorization to write off $336,227.12 accumulated balance in Board's financials from Boynton Beach's Repair & Replacement Meeting Minutes Regular City Commission Meeting B0ynt0n Beach, Florida May 4, 2004 Fund since 1990/91 to correspond with transfer of Delray Beach's Repair & Replacement Fund of $426,266.75 (September 30, 2003) Proposed Resolution No. R04-072 Re: Approval of the Interlocal Agreement with the Town of Ocean Ridge for the provision of Fire Suppression, Emergency Medical and Fire Life Safety services Commissioner Ensler pulled item C.4 from the Consent Agenda. Proposed Resolution No. R04-073 Re: Contract with the Bureau of Alcohol, Tobacco and Firearms (ATF) for the use of the Police Department Range Proposed Resolution No. R04-074 Re: Amendment to the 2002/2003 Community Development Block Grant contract for services for the .luvenile Transition Center (.1TC) (item deleted from agenda) D. Ratification of Planning & Development Board Action: Wantshouse Residence (ZNCV 04-002), 3416 South Lake Drive - Request for relief from Chapter 2, Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 25 feet for a single-family home within the R-i-AAB zoning district, to allow for a variance of 15 feet, and a rear yard setback of 10 feet Anderson PUD (NWSP 04-005), West side of Lawrence Road, 1/2 mile south of Hypoluxo Road - Request for new site plan approval for 85 single-family homes on an 18.32-acre parcel in a PUD zoning district Arbolata (SPTE 04-001), Southeast corner of South Congress Avenue and southwest of SW 35m Avenue - Request for a 1 year time extension of the subdivision master plan approval granted on February 4, 2003, from February 4, 2004 to February 4, 2005 E. Ratification of CRA Action: None Authorize the use of $2,000 of Community Investment Funds to the Gulf Stream Council, Inc. - Boy Scouts of America ($1,000 from Commissioner Ensler, $500 from Vice Mayor Ferguson and $500 from Commissioner McCray) Approve the transfer of funds from the City Contingency Account No. 001-1211- 512-99-01 to the Forestry & Grounds' Parks Maintenance Account No. 001-2830- 572-46-95 in the amount of $48,000 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida Mav 4, 2004 Authorize the Utilities Department to turn over $56,814.61 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Approve the "Serrano, a P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .Ir., PE/PSM (City Engineer and Surveyor & Mapper) Commissioner Ensler pulled item I from the Consent Agenda. .I. Approve the $11,000 check for the Coastal Bay Colony restoration surety Approve Permit No. 04-1827 for Category 4 Excavation and Fill, in excess of 1,000 C.Y., for the Coastal Bay Colony development Approve the rider to the $34,684 surety recently approved at the April 7~ City Commission meeting for the development called Serrano, PUD Approve the Orchard Estates Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .Ir., PE/PSM (City Engineer and Surveyor & Mapper) for recording in the Public Records of Palm Beach County, Florida Woolbright Plaza (MSPM 04-001), 1604 South Congress Avenue - Request for Major Site Plan Modification to modifi/Condition of Approval #45 to reduce the west buffer landscaping to the minimum required by code Approve Permit No. 04-1715 for the removal of approximately 6,225 C.Y. of demucked material from the water main and sanitary sewer alignment at Marina Village (The applicant is also obtaining all additional appropriate State and Federal permits required to perform dewatering operation) and approve acceptance of a Letter of Credit in the amount of $40,840.80 for restoration of roadways in conjunction with removal of demucked materials from Marina Village Approve acceptance of a Letter of Credit in the amount of $33,550 for site restoration for the Marina Village at Boynton Beach subdivision in connection with the Land Development Permit Approve the RENAISSANCE COMMONS, A P.U.D. Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper and 3effrey R. Uvergood, PE (Director of Public Works)) Motion Vice Mayor Ferguson moved to approve the Consent Agenda as amended. McCray seconded the motion that carried unanimously. Commissioner Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida May 4, 2004 8.3, Award Bid #038-2821-04/C]D, "N.E. 17th AVENUE AREA STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT" to Mora Engineering Contractors, Inc., and to execute a contract by resolution in the amount of $1,711,917. Also, approve an owner's contingency of 10% in the amount of $171,191.70 for a total project budget appropriation of $1,883,108.70 (Proposed Resolution No. R04-069) Paul Fleming, Senior Project Manager in the Utilities Department, made a presentation on the progress of the stormwater and water main improvement project. He explained that the reason for this project was to address some long-term chronic flooding in the area and water quality issues. This does not mean that the water quality is not good. They are just experiencing some Iow flow characteristics based on the aging systems. As part of the project, they conducted the first community involvement meeting in September 2002. There was input from the residents and they changed some design elements. On August 4, 2003 they reconfirmed the desires of the residents. The project has recently been permitted, and they issued a newsletter to all of the area residents. They are putting in 8,000 linear feet of 8-inch water mains, 20 new fire hydrant systems, 280 new connections to the new water main, 3,000 linear feet of exfiltration drainage trench, 60 stormwater inlets and 2,300 linear feet of additional swales. They will also be resurfacing the streets in the neighborhood and constructing approximately 280 concrete driveway aprons. Mr. Fleming hoped that the Commission would award the contract tonight. Substantial completion is anticipated in February 2005. This is the same contractor that successfully partnered with the City on the Industrial Avenue project. Motion Vice Mayor Ferguson moved to approve Proposed Resolution seconded by Commissioner McCray and carried unanimously. No. R04-069. Motion was C.1. Proposed Resolution No. RO4-O4:~ Re: Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III ('TABLED ON 05/.~E/04 TO 051O41O4) Motion Vice Mayor Ferguson made a motion to remove this item from the table. Commissioner McCray seconded the motion that carried unanimously. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R04-041. McCray seconded the motion that carried unanimously. Commissioner 10 Meeting Minutes Regular City Commission MeeUng B0Yntpn Bepch, Flpridp M~y4, 2QQ4 C,4. Proposed Resolution No. R04-072 Re: Approval of the :i:nterlocal Agreement with the Town of Ocean Ridge for the provision of Fire Suppression, Fmergency Medical and Fire Life Safety services Commissioner Ensler said that this is an agreement with the Town of Ocean Ridge for the City to provide fire suppression services for the first time. He questioned from where these services would be provided. He also asked whether we would be able to maintain a four-minute response time. Bill Bingham, Fire Chief, explained that this agreement allows for discretion with regard to whether the City operates a fire station in Ocean Ridge or here in Boynton Beach. The City is under no obligation to have a physical presence in Ocean Ridge. However, in the event that this is agreed upon to be the best course of action, Ocean Ridge would be responsible to provide an adequate station with adequate living facilities. They wanted to keep that option open because City staff feels that the Ocean Ridge community could be better served from Boynton Beach's existing Fire Station 1. Chief Bingham explained that even if they wanted to, they could not move into the existing facility in Ocean Ridge because there are no living facilities. Since this is a 12-year agreement, it was agreed upon to leave the door open for some of these options. l:n regard to response time, staff conducted time studies from the existing Fire Station :L and the new location at 1919 S. Federal Highway. Ocean Ridge officials were comfortable with the response times. Commissioner Ensler questioned whether additional personnel would be required. He also asked what might trigger relocation to Ocean Ridge. Fire Chief Bingham doubted that we would have to relocate to Ocean Ridge. Tn response to the question regarding additional personnel, the cost for this interlocal agreement is based on a budget that includes 12 firefighters, a fire inspector, vehicles and associated equipment. He explained that there is a significant increase in the fees that Ocean Ridge would be paying Boynton Beach for these services. For the year ending September 30, the fee would be $123,472. Effective October 1, 2004, they would be paying $655,296. Within that figure is a budget to provide all the necessary personnel and equipment. Commissioner Ensler asked whether these additional personnel would be requested in the upcoming budget. Chief Bingham said that it was being discussed. Commissioner McCray asked whether the new equipment would be included in the new budget cycle. Chief Bingham explained that the contract provides for Ocean Ridge to initially provide a fire engine for the City's use. We may do that because Ocean Ridge's engine is smaller and we would be confronted with narrower streets over there. The budget takes into consideration an amortized replacement schedule for both the ambulance and the rescue service. That equipment has already been purchased. 11 Meeting Minutes Regular City Commission Meeting BOynton Beach, Florida M~y 4, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Resolution seconded by Commissioner McCray and carried unanimously. No. R04-072. Motion was City Manager Bressner thanked Chief Bingham for doing an extraordinary job working with Ocean Ridge. :It is a win/win situation for both communities. Approve the "Serrano, a P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .Ir., PE/PSM (City Engineer and Surveyor & Mapper) Roger Saberson, 2740 SW 23~d Cranbrook Drive, said that the sewer lift station issue with this project had been resolved. He thanked the Commission and City staff for their assistance. Mr. Saberson was here tonight to discuss the plat for Serrano. There is language on the face sheet of the plat that is on file with the City that specifically says that no building or structures are allowed in easements. That language is quite common on plats as applied to utility easements. However, in this plat, there are also lake maintenance easements, landscape buffer easements and roof overhang easements. The landscape buffer easement around the entire perimeter of the project is the one he was concerned with. Mr. Saberson felt that additional language should be added that would allow concrete walls, stabilized berms and other structures that may be related to the drainage system of the project in the landscape buffer easement. He explained that the reason for the request is that the plans that are on file with the South Florida Water Management District specifically include the construction of a wall in the landscape buffer easement along the five acre tract that lies to the west of Mr. Saberson's property. Also, pursuant to a conceptual agreement reached yesterday with a representative of Serano, there will be some additional areas where a concrete wall would be included. 3eft Uvergood, Public Works Director, said that from a simple plat perspective, most of the items that Mr. Saberson is discussing relate to the site plan and to the actual engineering plan that will be approved prior to the issuance of a land development permit. However, the issue of whether or not drainage structures or walls are allowed within a landscape buffer is not a matter that concerns the Engineering staff. Obviously, the plat would have to be modified to ensure that it does not prohibit them. Mike Rumpf, Planning & Zoning Director, said that this could impact the site plan. There is currently not a wall shown in that location. There are conditions of approval related to that northern boundary. One is the requirement of a fence, which could be replaced by a wall. Another condition of approval requires the doubling of shade trees along that buffer. As long as that wall could be placed in that 10-foot wide landscaping tract without interfering with those conditions of approval, Mr. Rumpf did not believe it would be an issue, l~t could be worked through a minor site plan modification. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Mpy 4, 2004 Mr. Saberson explained that the wall shown on the Hanagement District is on the edge of the property. available for landscaping and a fence. plans at the South Florida Water The remainder of the easement is Motion Commissioner Ensler moved to approve subject to the addition of the wall in the easement as requested. IVlr. Livergood requested that a wall not be a requirement of the plat. He preferred that the plat language not prohibit a wall. Motion Commissioner Ensler moved to approve the plat with an assurance that the plat language does not disallow a wall or any other drainage features within the landscape buffer. Vice Mayor Ferguson seconded the motion that carried unanimously. VII. CODE COMPLIANCE & LEGAL SE-I'FLEMENTS: Accept the agreed upon settlement with Charles Wilmick, plaintiff, in the amount of $11,000 Motion Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McCray seconded the motion that VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None ~X. CZTY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Status Report on Old High School (May 18, 2004) Approve Amendment #1 to Work Authorization #1, CH2M Hill for $44,000 (Amendment #1 provides for the hardening of the Community/Fire Training Room at Fire Station #2) (Proposed Resolution No. R04- ) (May 18 2004) Additional Property Tax Assessment Exemption for Tncome Eligible Senior Citizens per FSS 196.075 (May 18, 2004) Proposed Ordinance No. 04-013 Re: Development of Regional Tmpact Amendment (DR:IA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR:[ 13 MeeUng Minutes Regular City Commission Meeting Boynt~n Beach, Fl~ricla Mav 4, 2004 project from Motorola to Renaissance Commons (2''d R~4D.rNG TABLED ON 04/07/04 - AWA.FITNG APPROVAL IRON D,C.A. ON COllfPAN_rON ORD_rNANCE) (.lune 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XZ. NEW BUSTNESS: A. Discussion regarding Non Quasi-judicial Advisory Board Consolidation Commissioner McCray commented that there seems to be a problem getting applicants for the Education Advisory Board. His other concern was whether we could have someone who is willing to serve as an alternate who currently serves on another board as long as it does not present a conflict of interest. Mayor Taylor said that there had been discussion regarding combining the Education Advisory Board with the Advisory Board on Children & Youth. Neither of these Boards was in favor of that. Commissioner Ensler inquired whether there were a sufficient number of members on the Education Advisory Board to have a quorum. City Manager Bressner said that it would take some work. It will be necessary in the next few months for this Board to take on an increased role as the City forges relationships with schools in the community. He felt that it would be beneficial to look at the profile forms to determine if there were individuals that potentially could be recruited to this Board. Commissioner McCray was not in favor of consolidation of any of the non quasi-judicial boards. There was no further discussion. XTT. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEAR1~NG Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article ~[[, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories (RETASLED ON 04/20/04) Motion Commissioner McCray made a motion to remove this item from the table. seconded the motion that carried unanimously. Commissioner McKoy 14 MeeUng Minutes Regular City Commission MeeUng Boynton Be~ch, Florida Mav 4, 2004 City Attorney Cherof read Proposed Ordinance No. 04-005 by title only. There was no one from the public who wished to address this item. Bill Bingham, Fire Chief, reported that fires in high-rises place extra demands on Fire Departments that exceed their resources. All firefighting equipment must be hand carried to the fire floor and precious minutes are wasted. The components of this proposed ordinance provide several safeguards in high-rise structures in the interest of rapid response and firefighter and occupant safety. While new to Florida, there are more than 300 of these systems in other states. Early in the process, input was solicited from the developers in the area. No response was received. They did receive a few E-mails regarding the impact of such a project that totally distort the truth and are not necessarily fact-based. During the past few days, favorable comments from developers were received. There are ten components as referenced in the Design Guide, eight of which are already embedded in existing life safety codes. The other two areas are the self-controlled breathing air replenishment system and a small supply room designed to be placed every five stories, adjacent to an enclosed stairway. The most costly of the components is the breathing air supply system. The cost for this system is approximately less than one-half of one percent of the average building construction cost. For instance, the Marina project will include 338 units. This $35,320M construction project would spend approximately $176,000 for the total project, which is $520 per unit. By comparison, the minimum landscape costs are $300,000. The Commission's option is to approve or deny this request. The system is available in other states and will become commonplace in the next ten years. Chief Bingham felt that this type of design will take on the same level of importance as sprinklers did 25 years ago in high°rise buildings. However, if we wait until another City in Florida takes the initiative, all the anticipated high-rise buildings in Boynton Beach will already be built. Boynton Beach will then be faced with the option of retrofitting or doing nothing and face the consequences of dealing with the issue after a firefighter or high-rise occupant is injured or worse. Fire Chief Bingham stated that he is paid to research and provide recommendations and to provide risk management for issues of fire and life safety. He is paid to provide the highest degree of fire suppression and safety for both firefighters and building occupants. Therefore, he is simply doing his job in suggesting a creative and proactive approach to a new City issue. The two issues that arose between first and second reading of the proposed ordinance have been addressed. The first is, in the absence of a Florida certification for testing, the authority having jurisdiction will determine criteria for certification, maintenance, etc. Secondly, it has been clarified that both the initial equipment and the subsequent equipment required in the storage room are the responsibility of the owner/agent of the building. The Design Guide has been changed to reflect these two changes. 15 Meeting Minutes Regular City Commission Meeting BoyntQn Be~ch, FIQri;]~ M~y 4, 2004 Fire Chief Bingham's recommendation was to move ahead. He understood that, like any new ordinance, this one would require careful monitoring and possible future modifications. He asked that safety not be sacrificed for developer profit and that the City of Boynton Beach not lose the opportunity to be a leader in the area of high-rise safety. Commissioner Ensler commented that the backup indicates that this would apply to only six or more story buildings. He questioned where the six-story came from. Fire Chief BJngham explained that generally, 75 feet or six-stories is the cut-off as to where a high-rise building starts. Commissioner McCray asked who would do the monitoring. Fire Chief Bingham said that since there currently is no Florida certification, there was a caveat placed in the Building Design Guide that it would be the authority having jurisdiction, which would be our Fire Marshal along with the Fire Chief and City staff, until such time as certification is available in the State of Florida. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-005. McKoy seconded the motion. Commissioner City Attorney Cherof said that one amendment to the ordinance was needed to conform to the cost shifting comment that the Fire Chief made. The paragraph on page 2, subsection B needs to be amended as follows: "The following life safety features shall be provided and maintained in working order by the property owner in accordance with the approved plans and specifications and shall be tested, certified and proved to be in proper working condition at the owner's cost to the satisfaction of the Fire Marshal before issuance of the Certificate of Compliance." Both Commissioner McCray and Commissioner McKoy accepted the amendment. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 04-029 Re: Amending Chapter 24, "Taxicabs," of the Code of Ordinances, Part IT, and creating a revised Chapter 24 entitled "Vehicles for Hire" City Attorney Cherof read Proposed Ordinance No. 04-029 by title only. There was no one from the public who wished to speak on this item. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-029. Motion was seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried unanimously. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Mav 4, 2004 Proposed Ordinance No. 04-030 Re: Revisions to Chapter 10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances, Part II City Attorney Cherof read Proposed Ordinance No. 04-030. 3ames Lynch, 610 Horizons East, was representing 849 homeowners as the President of Sterling Village Condominium Association. Mr. Lynch stated that Sterling Village just learned of the proposed increases this week. He felt that there should have been input by the affected communities. Condominiums have their budgets in place from .]anuary through December. To absorb a 50% increase in mid-season is a financial burden. He felt that this increase was too high. The communities that are automated are subsidizing those who chose not to become automated. He questioned why they are being punished by having their fees increased. The report from Public Works states that operating costs to pick up from single-family homes and multi-family units are approximately equal. He did not think there was a comparison between a sanitation driver who spends no more than 20 or 30 minutes in his development and a three- man crew in a rear-load vehicle picking up from 849 single-family units. Mr. Lynch said that upward of 75% of the people in Sterling Village return north for seven or eight months of the year. During those months, there is little or no refuse to be picked up from these units. He also questioned why outside competition was not allowed. Mr. Lynch requested that the rates be decreased. Kenneth De Rousse, 800 Horizons West~ felt that the proposed rate increase was too high. He did not know of any other fee that was increased by 50%. Their condominium association has a dumpster type loader pick up service with one truck and one man. He picks up three times a week and spends approximately an hour in his development picking up trash from 840 units. Sterling Village presently pays $60,480 a year to the City for this service. That calculates to $400 an hour for that service. Seventy-five percent of the units in his building are vacant six months out of the year. There is no trash from these units during that time. Mr. De Rousse felt that they should be able to get competitive prices from trash haulers. He objected to the increase. Vice Mayor Ferguson pointed out that Mr. Lynch is not only president of the Sterling Village Condominium Association but also a member of the Boynton Intracoastal Group that encompasses another 700 units. He felt that the analysis from the Public Works Department was deeply flawed. For example, it says that three people living in a single-family home will generate approximately the same amount of waste as three people living in a multi-family home. He did not believe that was true because many condominium residents are seasonal residents. The analysis says that operating costs to pick up from both single-family and multi-family are approximately equal. This is contradicted on page four since the cost to provide service in non-automated areas is being subsidized by the front-loaders. 17 Meeting Minutes Regular City Commission Meeting Bovntgn Be~ch, Flgridp Mily 4~ 2Q04 Vice Mayor Ferguson did not feel that rates for multi-family units should be increased by 50%. A more equitable distribution would be to increase rates for single-family from $10.50 to $11 and increase the rates for multi-units from $6 to $7. He also proposed increasing the rates to $13 for the five areas that are not automated until they convert to the front-load garbage trucks. Motion Vice Mayor Ferguson moved to table Proposed Ordinance No. 04-030. Mayor Taylor said that multi-family units have been paying $6 for years while rates for single- family have been $10.50, which is almost double what the multi-units are paying for the same service. Two people generate the same amount of trash whether they are in a single-family home or a multi-family unit. Mayor Taylor pointed out that there are also people in single- family homes that are only seasonal residents. Mayor Taylor commented on why people do not receive consideration for when they are not here. He likened it to the fact that only a small percentage of people ever call the Fire Department or Police Department but we all pay for these services because we all live in the City. Likewise, we all pay to have trash pick up in this community. :It has been said that the rates are being increased 50%; however, for years, multi-family has been paying 50% less than single-family homes. Even with the propped rate increase, they would not be charged as much as single-family. Mayor Taylor shared the concern regarding communities that are not allowing automated pickup. He would be open to doing something regarding that. Commissioner Ensler questioned whether something could be done with the timing of this increase so that it would help the condominiums' budgets. 3elf Livergood, Public Works Director, said that it could be delayed until October 1, 2004. Commissioner McCray questioned whether the public had been notified. Mr. Livergood replied that the agenda items were posted. Mayor Taylor was surprised to hear that Sterling Village did not know about this before now since it was on the agenda two weeks ago. In addition, one of the members of the Commission lives in that community. City Manager Bressner thought that it was a good idea to make the rate increase effective October 1~t if the ordinance goes forward. This would give staff an opportunity to address the issues in some of the other areas that do not have the automated pickup. They need to encourage those areas to participate in the program so there would be a cost savings that would benefit everyone. 18 MeeUng Minutes Regular City Commission MeeUng Bgynton Beach, Florida MaY 4t 2t~)4 Commissioner Ensler reported that he had spoken with both Palm Beach Leisureville and Boynton Leisureville, Palm Beach Leisureville's comment was that they would prefer not to have the automated pickup. Boynton Leisureville was still looking at it. City Manager Bressner felt that staff should present an alternative fee structure for those communities that are not willing to participate in the automated system and then present this to the Commission for consideration in the future. 2"d ~;~ Motion Commissioner Ensler seconded the motion to table and amended it to a date certain of June 1, 2004 to allow for more analysis. Vice Mayor Ferguson accepted the amended motion, Commissioner McCray suggested that instead of a date certain, they table it until they receive additional information from staff. Commissioner Ensler removed the date certain from the motion. Vote The motion to table carried unanimously. 4. Proposed Ordinance No. 04-03:t Re: Revisions to Ordinance No. 01-64 (Arts Commission) City Attorney Cherof read Proposed Ordinance No. 04-031 by title only. There was no one from the public who wished to address this item. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-031. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~ Reading Proposed Ordinance No. 04-032 Re: Proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts City Attorney Cherof read Proposed Ordinance No. 04-032 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-032. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carded unanimously. Proposed Ordinance No. 04-033 Re: Amending Chapter 2, Administration, Article VIII, Education Advisory Board, 19 Meeting Minutes Regular City Commission MeeUng BQynton Beach, FIQrida May 4~ 2004 Section 2-130, "Meetings" and amending Section 2-131 "Qualifications" City Attorney Cherof read Proposed Ordinance No. 04-033 by title only. Mgti~n Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-033. Motion was seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: None XTTT. UNF:[NTSHED BUSTNESS: None X~V. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:08 p.m. A'I-FEST: ~ ,, Deputy City Clerk (s/~/o4) ClTY OF BOYNTON BEACH 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wantshouse APPLICANT'S AGENT: Mark Wantshouse APPLICANT'S ADDRESS: 3416 South Lake Drive ~evelopment P&Z Building Engineering Oct. License Deputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-1-AAB zoning district, to allow for a variance of 15 foot, and a rear yard setback of 10 feet. LOCATION OF PROPERTY: 3416 South Lake Drive 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 Ap~li.,,c, ant ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 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 and conditions of this order. 7. Other DATED: ._~- ~-0 H S.'~Planning\SHARED\WP~PROJ ECTS\Wantshouse Vari; City Clerk for P&D.doc 1 in. = 100.0 feet LOCATION MAP WANTSHOUSE VARIANCE EXHIBIT "A" A~,C ' \ i04 10' t EXHIBIT "B' EXHIBIT EXHIBIT "D" City of Boynton Beach Variance Application Addendum 3416 S. Lake Drive Boynton Beach, Florida 33435 Statement of special conditions, hardships or reasons justifying the rocluested exception or variance. Bo Co The subject property is an irresular shaped Uiangular property with only three sides makin~ the rear property line and one side property line the same line, therefore without a variance the subject structure could not be added on to. If the subject property was a normal rectansu~ shaped property an addition of more than 50% larser than the proposed addition could be added without the need of a variance. The tfiansular shape of the property is due to the ~ plattin8 of the sulxiivis/on, which the applicant did not and does not have any jurisdiction or control of. The 8ranth~ of this variance will not confer on the applicant any special privilege that is denied by this ordinance to other properties. The literal hterpretation of the provisions of this chapter would deprive the applicant ~s commonly enjoyed by other properties in tho same zoni~ districts and would create undue hardship to the applicant. The requez~u~l rear set back variance borders a Lake Worth Dra/nage District easement that is in excess of 80 feet. The requested variance will not decrease the distance between the current subjett property's structure and any neigJaborin~ property stm~ures. Vadanc~ Senerating much greater impact to surrotmd/nS properties have be~ sranted in the same zoning district where by the granting ofthose variants decreased the distance between neishborins stmcttm~. The requested variance is the m/n/mum variance that w/Il make reasonable use of the property due to the irregular shaped property and tho position of the slruauro on tho property. The granti~ oftlis proposed variance will be in harmony with the intent and purpose of this ~hapter and would not be injurious to the area or deuimental to the public welfare. The 8Ianti~ of this proposed variance would be a textbook example of the granting of a vadan~ allowing reasonable use of the propew/with no adverse effects to adjacent property owners. This would truly be a model example of a why a variance process exists. Thh proposed variance is not a variance request of mini~_~m lot area or lot. frontage requirements and the acquisition of additional property is not available. EXHIBIT "E" Conditions of Approval Project name: Wantshouse File number: ZNCV 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None' X PUBLIC WORKS- Traffic Commems: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Tobe determined. ~s~.. S :~Planning\SHARED\WP~PROJECTS\Wantshouse Variance\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza APPLICANT'S AGENT: Mr. H.P. Tomkins, Jr. with H.P.T. Consultants, Inc. Development ,&Z lulldlng !nglneerlng )cc. License 3eputy City Clerk APPLICANT'S ADDRESS: 3350 Northwest Boca Raton Boulevard, Suite B-38 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification to amend one of the project's conditions of approval approved in March of 2002. LOCATION OF PROPERTY: Southwest comer of Woolbright Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. ,Y,. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:__~-7--'~ City Clerk Location Map _. W°olbright Plaza EXHIBIT "A" 1 SITE 500 500 1000 1500 Feet S E COMMISSION APPROVED '!l i~l^Gt'O7' W 454.~4' N00'01'07'E .145.01 l![J~lili~l[ [[ j I j,,'i,Jti i~'~:~' il I I fill: i!ill il EXHIBIT "C" Conditions of Approval Project name: Woolbright Plaza File number: MSPM 04-001 Reference: 2"a review plans identified as a Major Site Plan Modification with a March 16, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DMSION Comments: 1. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional 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. 3. The Gumbo Limbo proposed adjacent to the dumpster enclosure may need to be relocated to provide vertical clearance for Solid Waste pickup. 4. It is recommended that the four mahoganies proposed along the south property line be located in such a manner as not to conflict with the existing black olives to the south. 5. It may be necessary to replace or relocate large canopy trees adjacent to hght fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 2,3, Article II, Section A. 1.b~. UTILITIES Comments: 6. All utility easements shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may detem~e which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in COA 0~21~4 2 DEPARTMENTS INCLUDE REJECT utility easements or public ril,~hts-of-way. 7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irrigation. Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 8. This major site plan modification request is to amend condition of approval ri5 from COUS 01-007. Condition of approval riMS states, ",4long the west landscape buffer within the utility easement, the applicant shall replace the proposed Sabal Palm trees with Royal Palm trees (at same specifications). In addition, the ~4reca Palm trees and appropriate shrub material shall be installed at a height that will function as a significant lower-to-midle~el visual buffer. The landscape material proposed in said west landscape buffer shall be continued to the southwest coruer of the subject site. The Y~est Indies Mahogany trees proposed on the west landscape buffer shall be installed at a more "mature" height and will be planted tip-to~tip. A mixture of "mature" Royal Palm trees and "mature" Live Oak trees shall be installed along the north and east property lines". The r~nainm' g 44 conditions of approval would still lac applicable. 9. As with any request for major site plan modification, a new signed and sealed survey (within 6 months) is required. Copi~ not permitted. COA 04/21/04 3 DEPARTMENTS INCLUDE REJECT 10. The proposed survey shows a new property line that separates Parcel "A" from Parcel "B". Staff does not recognize this line because the original survey (that was submitted with COUS 01-007) showed the subject property as one (1) parcel. Approval of the proposed survey submitted with this request for major site plan modification implies that the project meets setbacks, parking, lot coverage, cross-parking, cross-access, etc. More information would be required for staff to make this determination. 11. The landscape plan that was last reviewed and approved by the City Commission was dated February 11, 2002. These are the officially recognized plans despite any changes that have been made during the permitting process. Therefore, the proposed landscape plan (dated March 9, 2004) will be compared with the ones approved by the City Commission. 12. On the landscape plan, ensure that the plant quantities match between the tabular data and the graphic illustration. 13. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article 11, Section 5.C.2.). This would apply to the Silver Buttonwood, Japanese Fern Palm, and Glaeous Cassia trees. 14. According to Chapter 7.5, Article Il, Section 5.D. of the Land Development Regulations, trees cannot be spaced more than 30 feet apart if planted within landscape buffers that are adjacent to rights-of-way (i.e. Congress Avenue and Woolbright Road). Clustering of trees is permitted, however, the proposed plan shows large gaps between the clusters and this does not meet the intent of the code. Add more trees to "fill in the gaps". 15. Staff recommends that the parking lot pole lights west of the buildings be reduced in height from the proposed 30-foot height, which can be easily screened from the residential property to the west by the proposed landscaping, that landscaping height and spacing be improved to appropriately screen these 30 foot tall light fixtures, or shields be placed on the light fixtures in order to meet the intent of thc previous two (2) recommendations. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 16. To be determined. ~ MWP4elj S:~Ianning~,SHARED\WF~PROJECTS~Woolbrtght Plaza~VISPM 04-001\COA.doc EXHIBIT "D" 2~-2/~ SA~SAL PAl_MS. C. LUSTEIRED IN GROUp5 OF THREE II.IITN SHFL~JD5 UNDEI~NEATH 12°14' AE:~JEC. A PALM6 -' ~'~OPLUM HEIDGE PP. OF~RT¥ LINE · UJHEEL ,~TOI='' EE::)~E OF I='AV'EMEHT Ii)EST 1SUFFER [:)ET,AIL i, Lr~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Anderson PUD APPLICANT'S AGENT: Chip Bryan / Julian Bryan & Associates, Incorporated APPLICANT'S ADDRESS: 1700 Northwest Arcadia Way Boca Raton, FL 33432 -ievetopment 3ullding Engineering Occ. License Deputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to Construct 85 single-family zero-lot line homes on 18.32 acres in the PUD zoning district. LOCATION OF PROPERTY: West side of Lawrence Road, approximately 1,320 feet south of Hypoluxo Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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 App.lic~nt's application for relief is hereby _z~_._ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:~ S:YPIanning~SHAREI~WP',.PRO.FECFS'~mcle. rson PLTD'~TWSP 04~005x, DO doc City Clerk 1 in. = 765.6 fe~ I~1 It',_ NCE. ANDERSON PUD EXHIBIT "A" EXHIBIT "B' I EXHIBIT "B' I iiij -1-' J ~'~ ~'~ Julian Bryan & Assoclcltes ~ .~ ~ ................ ,.., ~ i~f.~o...~..o~ ANDERSON P.U.D. EXHIBIT i' EXHIBIT "B" -~ -- Anderson P. U. O. O.R. HORTON HO~E~ ~oyton ~e~ach. Florida EXHIBIT "B" I~11 I$ iiii iiii 1211 /. Anderson P. U. D. ~.~. HO~EON HOh~E_~ ~oyton i~ach, Florida SOUND 'i Anderson P. U. O. D.~. HORTON HOh~E~ ~oyton Z~e. ach. Florida EXHIBIT Anderson P.U.D.. ~.'r J ~' ° ~.~. HOX;'7'O, tl HO,4,fE,~ EXH tBIT "B" Anderson P. U. ~. 0.~. HOI~TON HOI~E.S ~oy~on ~each. Florida EXHIBIT "B" JjljJJ J~lllj lilql I ':ill ::i ~:i![ ~l,:,:,l?: :: JillI~']il[[j Il j I1~ ~IIi[1!,", ! O.R. HORTON HONIE-S ~o.v~on l~emch. FIo/~da EXHIBIT "B" Iij.~,J: ,lllllirit, il I Anderson P. U.D. O.R. HORTON HOI~E~ Boy,on ~e~ch. Florida EXHIBIT "B" iF[ F×HIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Anderson PUD File number: NWSP 04-005 Reference: 2na review plans identified as a New Site Plan with a April 20, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Sho~v zoning and land use on site characteristics map (Survey) (LDR, X Chapter 4, Section 7.A.) 2. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 3. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 4. Palm Beach County Health Department permits will be required for the water X and sewer systems servin~ this project (CODE, Section 26-12): 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. COA 04/23/04 2 DEPARTMENTS INCLUDE REJECT 7. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 8. Appropriate backflow preventer(s) will be required on the domestic water X service to the building lots in accordance with CODE Sec. 26-207. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. 10. Gumbo Limbo shade trees are proposed within the 20-foot wide utility X easement along the northern property line. Either relocate them outside the easement area or substitute them with palm trees. 11. Live Oak trees are proposed within the 10-foot wide utility easement adjacent X to the internal rights-of-way. Relocate them outside the easement area, substitute them with palm trees, or obtain consent from the utility owner to have Live Oak trees within the utility easement. 12. This project will require a replat. No building permits can be released until X the platting process is comple[ed. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 13. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. COA 04/23/04 3 DEPARTMENTS INCLUDE REJECT 15. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The number of bedrooms in each dwelling unit; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 17. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 18. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(/)) 19. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 20. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: 21. The Recreation and Parks Department has reviewed the plans for the X Anderson PUD. The following comments are submitted: COA 04/23/04 4 DEPARTMENTS INCLUDE REJECT Recreation Facilities Impact Fee - based on the formula, the less is calculated as, 85 Single family-family detached homes ~ $ 940 ea. = $ 79,900 The fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 22. The Landscape Architect should identify by species and indicate the caliper X inches of all of the existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed / replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet L3 of 6. 23. All shade and palm trees on the Landscape Quantities List must be listed in X the description as a minimum of 12 feet to 14 feet height, 3-inch caliper at DBH (4.5 feet off the ground), including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to14 feet in order to meet the 3-inch caliper requirement, or the 4-foot and 6-foot clear trunk specification (Chapter 7.5, Article II Section S.C. 2.). 24. The landscape plan does include the City Signature Tree (Tibochina X granulosa). These trees must meet the minimum tree size specifications (#1 above Chapter. 7.5, Article II Section 5.C.3, N.). 25. The applicant should show an elevation cross-section detail on the landscape X plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the proposed buildings from the Lawrence Road right-of-way. 26. The Lake Upland Transitional Planting Zone should include additional native X trees consistent with the cross section detail. 27. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. 28. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article 1I Section 5.A.). 29. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). COA 04/23/04 5 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 30. A re-plat will be required. Abandonment and rededication of any easements X can occur during the platting process. 31. The dimensions of each lot shall be shown on the rectified site plan prior to X the issuance of any building permits. 32. On the rectified site plan, show the minimum setbacks for each typical and X atypical lot on the lot detail drawings, adding additional drawings if needed for atypical lots. Convert "typical" to "minimum" to reflect minimum setbacks for all possible dimensions and lot configurations. The minimum setback for each lot shall be as follows: front - 25 feet; side (ZLL) - 0 feet; side; side interior- 10 feet; rear- 10 feet. 33. The elevation pages shall indicate the exterior finish, paint manufacturer's X name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 34. A single faced name sign on each side of all entrances may be permitted such X as long as the sign does not exceed 32 square feet in area nor be more than six (6) feet in height. 35. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 36. All plant material shown on the landscape plan (sheet 3 of 5) must be X identified with a symbol and its corresponding quantity. On the enlarged landscape plans (sheets 2 and 3 of 6), label all the proposed plants. Will each lot contain a Live Oak tree? 37. 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.). 38. On the landscape plan (sheet 3 of 6), indicate that the 20-foot wide northern X landscape buffer will also function as a utility easm-nent. Staff recommends installing a row of hedges and palm trees into the design of the north landscape buffer as shown on sheet 3 of 6. The recommended plant material would not conflict with the Ductile Iron Pipe proposed within the easement. However, any new plant material would need review and approval of the Engineering Division of Public Works. 39. Staff recommends that the height of the screen enclosures be limited to the X mean height of the house on which the structure is proposed. COA 04/23/04 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 40. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 41. To be determined. ~o~ mwe,/elj S:\Planning\SHARED\WP\PROJECTS~Anderson PUD\NWSP 04-O05\COA.doc D II-HOR N® EXHIBIT "D" 1 1R 2 2R 3 3R 4 4R 5 5R 6 6R 7 7R Restorative CWO25W Spicenut 8755A Tequila 8672W Woodlet 8685D Stucco Greige 8693M Floral White CWO33W Desert Tumbleweed 8723M Spicenut 8755A Restorative CWO25W Woodlet 8685D Tequila 8672W Floral White CWO33W Stucco Greige 8683M Moose Point 8715D Moose Point 8715D Desert Tumbleweed 8723M Desert Fawn 8222W Beaver Creek 8765D Saltbush 8183M Weaverbird 7760W Artist's Canvas 8681W Wood Cut 8694M Beaver Creek 8765D Desert Fawn 8222W Weaverbird 7760W Saltbush 8183M Wood Cut 8694M Artist's Canvas 8681W Winestain 8386N Winestain 8386N Mansard Stone 8635D Mansard Stone 8635D Black Metal 8796N Black Metal 8796N Wayfarer Grey 8535D Wayfarer Grey 8535D Dark Colossus 8526A Dark Colossus 8526A Manganese 8826N Manganese 8826N Gristmill 8665D Gristmill 8665D Burnt Mission IVRSS 7117 Burnt Mission IVRSS 7117 Champagne Cream IVRMS 0190 Champagne Cream IVRMS 0190 Burnt Mission IVRSS 7117 Burnt Mission IVRSS 7117 Champagne Cream IVRMS 0190 Champagne Cream IVR'MS 0190 Apple Cider IVRCS 0203 Apple Cider IVRCS 0203 Opal IVRMS 8583 Opal IVRMS 8583 Clay IVRCS 7049 Clay IVRCS 7049 DURON. PAINTS & WAU.CX)V~INGS Design ~ Copyrighf 1996, DURON Inc., 10406 Tucker St. Beltsvflle, MD 20705. All Rights Reser~d 8/02 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arbolata (SPTE 04-001) APPLICANT'S AGENT: Mr. William Wietsma with William Wietsma Company ~evetopment ,&Z ~uildlng. =.ngineerlng Deputy City Clerk APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004 TYPE OF RELIEF SOUGHT:Request one (1) year site plan time extension for 172 fee-simple townhouse units approved on February 4, 2003 (an extension to February 4, 2005) LOCATION OF PROPERTY: Southeast corner of South Congress Avenue and Southwest 35th Avenue 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 ,~x 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: ~'- '7 - O~_ S:~Planning\S HARED\WP~ROJECTS~Arbola~ City Clerk ~l\DO.doc Location Map ARBOLATA TOWNHOMES EXHIBIT "A" i~ ' ~ PU : ~r~. MI REC EXHIBIT "B" __j. i ittl!iti !j iP:{{lit :J,,:l,ll-: ii lJUiiill!l}.,t. ARBOLATA TOWNHOMES CONGRESS AVE. -t- SW 35'1'H AVE. BOYNTON BEACH. F:L. OFIIDA 33426 EXHIBIT "C" Conditions of Approval Project name: Arbolata File number: SPTE 04-001 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHARED\WP\PROdECTS~rbolata Townhomes\SPTE 04-001\COA.doc .--Exhibit - City Commission Mtg. May 4, 2004 Memorandum TO: FROM: DATE: SUBJECT: Honorable Mayor & City Commission Janet Prainito, City Clerk Jim Cherof, City Attomey Kurt Bressner City Manager May 4, 2004 Agenda Item - JTC Please be advised that I have received word from Stephanie McKoy of the Juvenile Transition Center requesting that their agenda item, that being Consideration of the Amendment of 2002 CDBG Sub-grantee Program, be removed from the City Commission agenda. Mrs. McKoy advised me that this request was made in consultation with the members of the Juvenile Transition Center Board of Directors. jc