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Minutes 04-05-05MINUTES OF THE CITY COMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 5, 2005, AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Mike Ferguson, Commissioner Bob Ensler, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order- Mayor Jerry Taylor B. Invocation - Father Martin Zlatic, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. Father Martin Zlatic offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced the three items pertaining to the Boynton Beach Lofts will be postponed until the April 19th meeting. 2. Adoption Motion Commissioner Ferguson made a motion to approve the agenda. Vice Mayor McCray seconded the motion. Motion passed unanimously II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor had been informed Lee Wische, Chairman of the Planning and Development, had been hospitalized and asked for prayers for Mr. Wische's speedy recovery. Commissioner Ensler announced VVXEL, a local TV and radio station, will be sold by Barry Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 University to the Educational Broadcasting Corporation and Community Broadcast Foundation of Palm Beach. He stated the Educational Broadcasting Corporation is the parent company of two New York PBS stations including America's most watched station. The Community Broadcast Foundation is an organization of 40 volunteers dedicated to the issue of public television in south Florida. The acquisition is an important step forward to give the station more strength and recognition. The agreement will need approval of the State of Florida as well as the City of Boynton Beach. The involvement of the City is derived from the donation of the land for the station. ANNOUNCEMENTS, COMMUNTrY & SPECTAL EVENTS, & PRESENTA'I'ZONS: A. Announcements: 1. None B. Community and Special Events: Concert on the Green, Saturday, April 16, at The Links at Boynton Beach, 8020 Jog Rd., featuring Bad Company former lead singer Brian Howe. Gates open 6 P.M., Concert 8 P.M. 'lSckets $20 at City Hall, City Hall in the Mall, The Links, online at www.ticketweb.com or at the gate. Wally Major, Director of Recreation and Parks announced the Concert on the Green has now became a tradition and this month features Brian Howe, the former lead singer for Bad Company. Mayor Taylor added the concerts are an enjoyable event and refreshment booths are available for a pleasant night on the golf course. Jim Williams, with the Sister Cities Committee, invited everyone to a reception Friday from 6 p.m. to 8 p.m. at the Children's Schoolhouse Museum, for the 2nd Annual Young Artists competition. All middle and high school students in the area have been invited to participate as well as students in the Sister City, Qufu, China. Vice Mayor McCray inquired if April 9th was the weekend for the Great American Cleanup. Dan DeCarlo reported several neighborhoods are participating in the cleanup as well as community and youth groups. The tent to begin the process will be located at 7th and Seacrest, north of Boynton Beach Boulevard. Any help would be appreciated. C. Presentations: 1. Proclamations: a. Arbor Day - April 29th Mayor Taylor remarked this is the 22nd year Boynton Beach has received the designation from Tree City USA. The Mayor read and presented the Proclamation to Wally Majors, 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April5,2005 Director of Recreation and Parks. Mr. Majors spoke promoting the Adopt-A-Tree Program indicating assistance is available for adopting a tree to improve residential landscaping. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-1~tlNUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Charles Fix, spoke representing Habitat for Humanity in south Palm Beach County. He was accompanied by Richard Leonard. Mr. Fix stated he had sent a letter to Commissioner McCray concerning fees for building permits associated with the next three houses being built. The three houses are located on Northwest 1~t Street and 8th Avenue. Upon application, Mr. Fix had been advised there was an additional $771 Recreation and Park fee assessed on each house being built simultaneously and adjacent to each other. Mr. Fix requested assistance from the Commission to reduce the fees, stating it was difficult to build affordable housing when the total fees on each house total over $4,600. The other issue Mr. Fix addressed was the appropriation of vacant lots within the City. He stated homes with three bedrooms, one and a half baths, with a garage, are being built to match neighborhood developments and then sold for $65,000 to $75,000. Habitat takes the first mortgage on the house at no interest to assist moving residents from a rental to ownership situation. A second mortgage is also maintained so a "flip for profit" cannot be done by the owner. More than sixty houses have been built in the area and all sixty owners remain in those homes. Mayor Taylor asked how many of the sixty homes are located in Boynton Beach. Mr. Fix estimated ten or twelve are in Boynton Beach. Four houses were finished last year on Northwest 11th Avenue. There is current construction for two houses on Northeast 13th Avenue. Mayor Taylor indicated the Commission recognizes the need for affordable housing and asked if staff had any information available. Attorney Cherof pointed out the Commission has no authority to waive permit fees of any kind. He stated the Commission can only appropriate funds to pay fees on behalf of certain entities or organizations. Mr. Fix asked if the three houses were not built simultaneously would the fee still be assessed. Quintus Greene, Director of Development, indicated the fee arose because three houses are being built on adjacent lots. Mayor Taylor asked if the houses could be built separately. Mr. Fix indicated it would not be logical or economical and delay occupancy of the homes. Mr. Bressner asked if assistance had been requested from Habitat's supporters or suppliers. Commissioner Ensler asked if the homes were located in a CRA area could the CRA assist and absorb some of the costs. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April5,2005 Vice Mayor McCray pointed out staff indicated they were willing to work with Habitat. He stated CRA funds will be dwindling and staff should be given an opportunity to assist the organization first. Mayor Taylor suggested staff be given time to resolve the issue and if not, the matter could be brought before the Commission again. On the issue of available lots, Mr. Greene stated there are limited number of buildable residential lots. Tn addition to Habitat needing lots, there are two CDC's active in building new homes. Attempts had been made to work with several entities, including Habitat, acquiring vacant lots. Commissioner McKoy asked for a breakdown of how the vacant lots within the City have been distributed over the past three or four years. Suzanne Gunderson, Murano Bay, representing the Homeowners Association, stated she was a new full time resident of the City and had difficulty parking at the beach. She asked what was being done to accommodate additional parking in light of the influx of new residents in the next five years. Mayor Taylor stated parking garages were anticipated being built in conjunction with a Trolley service which could alleviate the parking problem. Ms. Gunderson asked if there was any possibility of a parking garage being built at the park location. Mr. Bressner informed her the property is owned by the City, but in the town of Ocean Ridge and controlled by their ordinances. He also mentioned another alternative was to restrict non-residents during peak hours or season and visitors would be prohibited from using the beach. Ms. Gunderson suggested designating a portion of the parking lot to sticker parking only. She commented many people move to the area to be near the beaches, but cannot enjoy the beaches due to lack of parking. Cliff Rieser, Murano Bay, stated a number of residents had expressed concern with Johnny's Liquor and Restaurant adjacent to Murano Bay. Gunshots had been heard at night on several occasions and a body had been found nearby. He asked the Commission direct the police to patrol the area more often and clear the parking lot during the night. Mayor Taylor assured Mr. Rieser the Commission is aware of the situation and it is being addressed. Mr. Bressner added it is part of an ongoing police investigation and cannot be discussed by the City other than as indicated by Mayor Taylor. Rachel Buckley, 315 SW 2nd Avenue, discussed the property at 219 NW 4th Avenue, an abandoned single family home. She stated the property had been deeded to the County for back taxes and then deeded back to the City. Currently the property is in disrepair and potentially dangerous with the accumulation of trash and debris according to Ms. Buckley. She had previously sent a letter to the City asking if she could purchase the property for development. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Mayor Taylor explained City owned property had to be put out to bid. Attorney Cherof confirmed that was the procedure. The only exception would be if an adjacent landowner wanted to expand an existing use. Mr. Bressner suggested staff track the ownership issue. Ms. Buckley stated she had spoke with the Code Compliance staff at the property. She felt it was a danger, but it had been boarded up. Ms. Buckley felt two or three houses could be built on the lot. Mayor Taylor indicated Code Compliance would be on site and eliminate any possible hazard. If the City does own the property, Mayor Taylor reiterated it would have to be open for bids. Gertrude Sullivan 201 NE 6th Avenue stated Johnny's Place was only trying to make a decent living and nothing occurring in the parking lot would be Johnny's fault. Mayor Taylor stated the violations have been well documented and the police had been called to the location over one hundred times. The violations were not just in the parking lot. Sunny Garcia stated he hoped the Commission would do the right thing for the Boynton Beach Police Department officers so he could feel safe in his home. Mr. Bressner announced last Friday there was a session with the PBA and a draft agreement would be submitted to the members for ratification. Herb Suss, Woodfern Drive, stated he supported the police and felt a new officer should know where he would be in the organization in the future to address the retention of trained officers within the City. Also, Mr. Suss, suggested blocking off parking spaces for the permit holders at the beach. He complained about the number of out-of-state cars having stickers and consuming all the available parking spaces. Another concern of Mr. Suss was the availability of affordable housing for people working in the area. The public audience was closed. V. Administrative: A. Appointments to be made: Mayor Taylor suggested that all regular appointment for each board be made first before alternate or student appointments are made. Vice Mayor McCray corrected Blanche Hearst-Girtman's choices on the list indicating he had spoke with her and her first choice would be the Community Relations Board and second choice, the Library Board, contrary to her application. She is presently the Vice Chair of the Community Relations Board. I Ensler II McCray III Ferguson IV McKoy Mayor Taylor I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting Adv. Bd. On Children & Youth Reg Adv. Bd. On Children & Youth Reg Adv. Bd. On Children & Youth Reg Adv. Bd. On Children & Youth Reg Adv. Bd. On Children & Youth Alt 1 yr term to 4/06Tabled (2) 2 yr term to 4/07 2 yr term to 4/07 2 yr term to 4/07 2 yr term to 4/07 1 yr term to 4/06 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 II McCray Adv. Bd. On Children & Youth Alt III Ferguson Adv. Bd. On Children & Youth Stu/Reg/Voting IV McKoy Adv. Bd. On Children & Youth Stu/Reg/Voting 1 yr term to 4/06 1 yr term to 4/06 ! yr term to 4/06 Vice Mayor McCray appointed Mrs. Hattie Miller. Commissioner Ferguson appointed Lawrence Rubin Commissioner McKoy appointed Willie Pearl Wilson Mayor Taylor appointed Lawrence Siegel Commissioner Ensler and Vice Mayor McCray tabled the alternate appointments. Commissioner Ferguson nominated Alyssa Ewing for the Student Regular Voting opening. Commissioner McKoy nominated Danielle Bonczyk for the Student Regular Voting opening. Commissioner Ensler tabled the Student Non-voting opening. I~lotion Vice Mayor McCray moved to approve the nominations for the Advisory Board on Children and Youth. Commissioner Ensler seconded the motion. Motion passed unanimously. I Ensler Arts Commission Reg 3 yr term to 4/08 II McCray Arts Commission Reg 3 yr term to 4/08 III Ferguson Arts Commission Alt 1 yr term to 4/06 IV McKoy Arts Commission Alt 1 yr term to 4/06 Commissioner Ensler appointed Debby Coles-Dobay. Vice Mayor McCray appointed Angela Budano. Commissioners Ferguson and McKoy tabled the alternate appointments. Plotion Vice Mayor McCray moved to approve Commissioner Ensler seconded the motion. the appointments for the Motion passed unanimously. Arts Commission. I Ensler II McCray III Ferguson IV McKoy Mayor Taylor I Ensler Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg Bd of Adj & Appeals Bldg Bd of Adj & Appeals Reg Reg Alt Alt Reg Reg 3 yr term to 4/07 3 yr term to 4/07 1 yr term to 4/06 1 yr term to 4/06 3 yr term to 4/08 3 yr term to 4/08 Commissioner Ensler appointed Beverly Agee. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Vice Mayor McCray appointed Milton Russell. Mayor Taylor appointed Frank Lindsay. Commissioner Ensler tabled the appointment. Commissioners Ferguson and McKoy tabled the alternate appointments. Motion Vice Mayor McCray moved to approve the appointments for the Building Board of Adjustment and Appeals. Commissioner Ferguson seconded the motion. Motion passed unanimously. IV McKoy Cemetery Board Alt 1 yr term to 4/06 Mayor Taylor Cemetery Board Reg 3 yr term to 4/08 Mayor Taylor appointed Karilyn Norem-Hohner. Commissioner McKoy tabled the alternate appointment. Motion Commissioner Ferguson moved to approve the appointment to the Cemetery Board. Vice Mayor McCray seconded the motion. Motion passed unanimously. IV McKoy Code Compliance Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 I Ensler Code Compliance Board Reg 3 yr term to 4/08 II McCray Code Compliance Board Reg 3 yr term to 4/08 III Ferguson Code Compliance Board Reg 3 yr term to 4/08 IV McKoy Code Compliance Board Reg 3 yr term to 4/08 Commissioner Ensler appointed Kathy Cook. Vice Mayor McCray appointed Lisa Simshauser. Commissioner Ferguson appointed Patricia Maitner. Commissioner McKo¥ appointed Robert Foot. Mayor Taylor and Commissioner McKoy tabled the alternate appointments. Motion Vice Mayor McCray moved to approve the appointments to the Code Compliance Board. Commissioner Ensler seconded the motion. Motion passed unanimously. IV McKoy Alt Community Relations Board 1 yr term to 4/06Tabled (2) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Mayor Taylor Community Relations Board Alt 1 yr term to 4/06 I Ensler Community Relations Board Reg 3 yr term to 4/08 II McCray Community Relations Board Reg 3 yr term to 4/08 III Ferguson Community Relations Board Reg 3 yr term to 4/08 Commissioner Ensler appointed Al Levy. Vice Mayor McCray appointed Blanche Hearst-Girtman. Commissioner Ferguson appointed Gregg Ornstein. Commissioner McKoy tabled the alternate appointment. Mayor Taylor appointed Kurt Godfrey as an alternate although he had been a regular member. M~tion Commissioner McKoy moved to approve the appointments to the Community Relations Board. Vice Mayor McCray seconded the motion. Motion passed unanimously. IV McKoy Education Advisory Board Stu 1 yr term to 4/06Tabled (2) Mayor Taylor Education Advisory Board Reg 2 yr term to 4/07 ' I Ensler Education Advisory Board Reg 2 yr term to 4/07 II McCray Education Advisory Board Reg 2 yr term to 4/07 III Ferguson Education Advisory Board Reg 2 yr term to 4/07 IV McKoy Education Advisory Board Alt 1 yr term to 4/06 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 I Ensler Education Advisory Board Stu 1 yr term to 4/06 Mayor Taylor, Commissioner Ensler and Vice Mayor McCray tabled the regular appointments. Commissioner Ferguson appointed Marlene Ross. Commissioner McKoy and Mayor Taylor tabled the alternate appointments. Commissioner Ensler and Commissioner McKoy tabled the student appointments. Motion Commissioner Ensler moved to approve the appointment to the Education Advisory Board. Vice Mayor McCray seconded the motion. Motion passed unanimously. II McCray Golf Course Advisory Committee Reg 5 yr term to 6/10Tabled (2) Vice Mayor McCray appointed Lynda Frederick. Motion Commissioner Ferguson moved to approve the appointment to the Golf Course Committee. Commissioner McKoy seconded the motion. Motion passed unanimously. Advisory Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April5,2005 Mayor Taylor Library Board Reg I Ensler Library Board Reg II McCray Library Board Reg III Ferguson Library Board Reg IV McKoy Library Board Alt Mayor Taylor Library Board Alt 3 yr term to 4/08 3 yr term to 4/07 3 yr term to 4/08 3 yr term to 4/08 1 yr term to 4/06 1 yr term to 4/06 Mayor Taylor appointed Donna Harmening. Commissioner Ensler appointed Daniel Holthouse. Vice Mayor McCray appointed Barbara Wilson. Commissioner Ferguson nominated Eleanor Daly. Commissioner McKoy and Mayor Taylor tabled the alternate appointments. I~lotion Vice Mayor McCray moved to approve the appointments to the Library Board. Ensler seconded the motion. Motion passed unanimously. Commissioner III Ferguson Planning & Development Board Reg 2 yr term to 4/07 IV McKoy Planning & Development Board Reg 2 yr term to 4/07 Mayor Taylor Planning & Development Board Reg 2 yr term to 4/07 I Ensler Planning & Development Board Alt 1 yr term to 4/06 II McCray Planning & Development Board Alt 1 yr term to 4/06 Commissioner Ferguson appointed Bill Cwynar. Commissioner McKoy appointed Lee Wische. Mayor Taylor appointed Shirley Jaskiewicz. Commissioner Ensler appointed Joe Baldwin as an alternate member. Vice Mayor McCray appointed Diana Johnson as an alternate member. Hotion Vice Mayor McCray moved to approve the appointments to the Planning & Development Board. Commissioner Ferguson seconded the motion. Motion passed unanimously. I Ensler Recreation & Parks Board Reg 3 yr term to 4/08 II McCray Recreation & Parks Board Reg 3 yr term to 4/08 III Ferguson Recreation & Parks Board Alt 1 yr term to 4/06 IV McKoy Recreation & Parks Board Alt 1 yr term to 4/06 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Commissioner Ensler appointed Janelle Sloan. Vice Mayor McCray appointed Tom Williams. Commissioner Ferguson appointed John Spannuth as an alternate. Commissioner McKoy appointed John McVey. Motion Commissioner Ferguson moved to approve the appointments to the Recreation & Parks Board. Vice Mayor McCray seconded the motion. Motion passed unanimously. T Ensler Senior Advisory Board Alt 1 yr term to 4/06 TT McCray Senior Advisory Board Reg 2 yr term to 4/07 TTT Ferguson Senior Advisory Board Reg 2 yr term to 4/07 TV McKoy Senior Advisory Board Reg 2 yr term to 4/07 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 T Ensler Senior Advisory Board Alt ! yr term to 4/07 Vice Mayor McCray appointed Christine Wilson Commissioner Ferguson appointed Lillian Bruzzese. Commissioner McKoy appointed Leota Suah. Mayor Taylor appointed Rose Love Commissioner Ensler tabled both alternate appointments. MQtion Vice Mayor McCray moved to approve the appointments to the Senior Advisory Board. Commissioner Ferguson seconded the motion. Motion passed unanimously. IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Commissioner McKoy tabled the appointment. I Ensler Firefighters' Pension Board Reg 2 yr term to 4/07 II McCray Firefighters' Pension Board Reg 2 yr term to 4/07 Commissioner Ensler appointed Robert Taylor Vice Mayor McCray appointed Larry Schone. Motion Vice Mayor McCray moved to approve the appointments to the Firefighters' Pension Board. Commissioner McKoy seconded the motion. Motion passed unanimously. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 I Ensler Mayor Taylor Police Officers' Pension Board Reg Police Officers' Pension Board Reg 2 yr term to 4/07 2 yr term to 4/07 Mayor Taylor appointed John Hollihan. Commissioner Ensler appointed Toby Ahtol. Vice Mayor McCray moved to approve the appointments to the Police Officers' Pension Board. Commissioner Ferguson seconded the motion. Motion passed unanimously. VT. 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. Minutes: 1. Agenda Preview Conference -March 11, 2005 2. Regular City Commission Meeting - March 15, 2005 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. Approve the piggyback on the extension of the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills, Florida for Debris Collection and Disposal 2005 Hurricane Season. All expenses are eligible for reimbursement through FEMA on a percentage basis. Terms of Approval: June 1, 2005 through May 31, 2006. (Proposed Resolution IVo. 05-050) Award Bid #016-2821-05/JA, "EAST PLANT EXPANSION TEST WELLS AND AQUIFER STORAGE AND RECOVERY WELL TVVO", to Southeast Drilling Services, Inc. (SED); and, to execute a contract by resolution in the amount of $5,723,035.00 plus a contingency of 15% in the amount of $858,455.25 for a total project budget appropriation of $6,581,490.25. (P~opo.~:,cl Re~olutJon No. Vice Mayor McCray removed Item V1.B.2 from the Consent Agenda for discussion Ratify previous emergency action taken by the City Manager to approve the contract from Crain Engineering Company, Inc. for professional inspection services rendered to the Boynton Terrace Apartment complex in the amount of $25,000 plus an additional expenditure of $1,845.44 as a result of outside printing and binding costs not included in the original scope of work. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Ratify previous emergency action taken by the City. Manager to approve the contract as written for the amount not to exceed $25,000 from Kathyrn L. Pascale, CHMM, :[nc. for professional inspection services rendered at the Boynton Terrace Apartment Complex. Resolutions: Proposed Resolution No R05-052 RE: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Troy & Theresa Rushton for the property at 1033 Wilkinson Rd., Lake Worth, FL (Hypoluxo Ridge ADD NO 1 LT 27). Proposed Resolution No. R05-053 RE: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Southeastern Conference Association of Seventh Day Adventists, Incorporated located at the northeast quadrant of Military Trail and Ridgewood Road. (PCN 00-42-46-0100- 000-7010) Proposed Resolution No. R05-054 RE Approving and authorizing the execution of an Agreement between the City of Boynton Beach and Palm Beach County providing for the satisfaction of the City's connection fees and capital facilities charges by Palm Beach County on behalf of residents of Avondale Pines electing to reimburse the County over a 20-year period through the assessment process. Proposed Resolution No. R05-055 RE: Approving and authorizing the execution of an Agreement between the City of Boynton Beach and Vantage Care Retirement Health Savings Plan regarding the disposition of employees' sick leave or vacation leave upon termination. Proposed Resolution No. R05-056 RE: Approving and authorizing the execution of an Agreement between Advanced Technical Education Consultants, Tnc (ATEC) and the City of Boynton Beach for paramedic students from ATEC to obtain their clinical field training with our Fire Rescue Department. Proposed Resolution No. R05-057 RE: Approving the Sub-grant Agreement between the City of Boynton Beach and State of Florida in order to provide for statewide interoperable communications capabilities between the Boynton Beach Police and Fire Rescue Departments and other public safety agencies. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Proposed Resolution No. R05-058 RE: Authorizing the creation of a Conservation Easement north of the eastern terminus of Boynton Beach Boulevard (and extension thereof) and east of the existing storm water encatchment area in accordance with the South Florida Water Management District (SFWMD) Permit No. 50-04166-P in order to preserve and/or mitigate existing wetlands. D. Ratification of Planning & Development Board Action: quantum Park MU Height (CDRV 05-006) Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. Mayor Taylor removed Item VI.D.1 from the Consent Agenda for discussion. E. Ratification of CRA Action: Car Wash Use in M-1 (CDRV 05-001) Request for an amendment to the Land Development Regulations, Chapter 2 Zoning, Section 8.A.4. M-1 Industrial District, to allow as a conditional use, carwashes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue. Mayor Taylor removed Item VI.E.1 from the Consent Agenda for discussion. Approval of the SURPLUS VEHICLE LIST one (1) item as submitted by Public Works/Fleet Maintenance, and allow for the sale of same. Authorize the use of Community Investment Funds from Commissioner Carl McKoy for the National Youth Association for Academics and Athletes. (TABLED ON 3/15/05) Motion Vice Mayor McCray moved to remove Item VI.G from the table. seconded the motion. Motion passed unanimously. Commissioner Ferguson Authorize the use of Community Investment Funds by Commissioner Mike Ferguson, Mayor Taylor and Commissioner Carl McKoy for the Greater Boynton Beach Sister Cities Committee, Inc. Young Artists Competition and Commissioner Ensler to the Tomodachi Judo Club. Motion Vice Mayor McCray moved to approve the Consent Agenda as amended. Commissioner Ensler seconded the motion. Motion passed unanimously. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Award Bid #016-2821-05/JA, "EAST PLANT EXPANSION TEST WELLS AND AQUIFER STORAGE AND RECOVERY WELL TWO'; to Southeast Drilling Services, Inc. (SED); and, to execute a contract by resolution in the amount of $5,723,035.00 plus a contingency of 15% in the amount of $858,455.25 for a total project budget appropriation of $6,581,490.25. (Propose~/ Resolution No. 05-051) Vice Mayor McCray requested in light of the large amount of money being spent, if staff would make a presentation on the item. Mr. Bressner indicated staff was prepared to present the goals of the project. Koafi Boetang, Utilities Director, stated the project is part of the City's effort to secure alternate and additional water supply sources. The objective of the project is to assure future drinking water needs can be met. He introduced John Potts, who is nationally recognized and has extensive experience in the design of water treatment plants and also works for Kimley-Horn and Associates. David Smith works for CH2M Hill and has nineteen years experience in ground water projects and has worked internationally. Also present was Mike Olson who works for CH2M Hill, a reputable engineer in the field. Mr. Boetang stated sound barriers would be erected and informational meetings would be held to address residents' concerns about construction noise for each well. John Potts spoke representing the EPX group, along with Paul Fleming and Mr. Boetang. He stated when the project is completed about one-half of the water supply will be furnished by the EXP program. The program consists of new wells, new water treatment plant, concentrate disposal well and raw water pipelines. The water wells are the lifeline of any water system. Knowing the quality and quantity of water is essential, the Florida Aquifer has not been widely explored in the area. The project is necessary because the shallow aquifer is not sufficient to supply the needs of the future. The ASR (Aquifer Storage Recovery) component of the project will take advantage of the South Florida rainy season and store water. The EPX project is for the sustained need and it is mandated by the South Florida Water Management District to find alternate water supplies. The current wells are in the shallow water acquifer with a confining bed of clay underneath. The Floridan Aquifer is the brackish water that will be taped by the EPX program. Mr. Potts pointed out the first well will be the exploratory well and lies in the south quadrant of the City. The second well in the northern quadrant will identify the potential yield of water. The ASR2 will be located at the East Water Treatment Plant. There is a target of 20 million gallons for water treatment. The site selection criteria was land owned by the City, vacant land, and proximity to canals for pumping the wells. Commissioner Ensler asked the source of funding for the project. Mr. Bressner stated the initial funds will come from the utilities operating reserves with no rate increase or tax increase. The question was asked from the audience, how the first site was selected. Mr. Ports stated it was City owned vacant land and adjacent to canals. The wells-in the north and south of the City were chosen to bridge the City and apply to intervening ground. Another question 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 raised was if there was an alternate site that did not abut residential properties in the south. Mr. Potts indicated none were available. Vice Mayor McCray inquired if there would be any additional monies added to the total cost. Mr. Bressner stated there is a 15% contingency for construction costs but nothing else was anticipated. Motion Commissioner Ensler moved for approval. Commissioner Ferguson seconded the motion. Motion passed unanimously, D. Ratification of Planning & Development Board Action: (~uantum Park MU Height (CDRV 05-006) Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PTD) regulations. E. Ratification of CRA Action: Car Wash Use in M-1 (CDRV 05-001) Request for an amendment to the Land Development Regulations, Chapter 2 Zoning, Section 8.A.4. M-1 Industrial District, to allow as a conditional use, carwashes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue. Mayor Taylor asked Attorney Cherof to comment on both Items D.1 and E.1. Attorney Cherof asked the Commission consider both items as preliminary conceptual approvals or disapprovals. He stated the items are not for public hearing, there are no corresponding ordinances or regulations, and it is not a quasi judicial proceeding, but simply a review of a proposal. Public hearings and ordinances would be in the future including possible quasi judicial proceedings associated with the site plan. Attorney Cherof pointed out the Car Wash issue could potentially be impacted by the resolution to establish a temporary moratorium affecting the M-1 Zoning districts while a 180 study period is undertaken. Staff intends to present the items to the Commission and request feedback and direction. He stated the items have been taken out of the ordinary sequence of agenda items and recommended the items be tabled and carried over to allow the customary time period of review. Vice Mayor McCray expressed his concern that the items were already in process and had been presented to two boards. Attorney Cherof answered the process is unusual because neither of the proposed uses, higher buildings or power washes are permitted under the current code. Applicants 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 submitted the proposals not City staff, the Commission or any advisory board. He did not think the general rules apply to the Commission's consideration of the items. Vice Mayor McCray questioned why a moratorium had just been requested when these items had been proposed for some time. He felt the items had gone through to the Commission at this time and it would be unfair, at this stage, to table the items. Attorney Cherof stated the moratorium is not being advocated by staff or legal or the City Manager. It rests solely with the Commission. Vice Mayor McCray commented, in his opinion, the moratorium should be tabled. Commissioner Ensler stated he had asked for the study based on the recommendation of staff dealing with the architectural standards. Tn the event the Car Wash would be passed, Commissioner Ensler stated he would ask the moratorium exclude the Car Wash regardless of where the issue stands in the process. He stated the intent is not to override what an applicant is attempting to do. Mayor Taylor stated the legal advice indicated the matter had come before the Commission inappropriately and should not have been on the present agenda. On advice of the City Attorney, Mayor Taylor asked for a motion to postpone the Car Wash issue. Commissioner McKoy commented the processes have been in place Motion Commissioner McKoy moved to table the matters until more information could be received. Mayor Taylor passed the gavel to Vice Mayor McCray and seconded the motion to table the items. Vote City Clerk Prainito called the roll. Commissioner Ferguson dissenting/ The motion passed 3-2. (Vice I~layor I~lcCray and Attorney Cherof indicated the previous motion only covered Agenda Item VI E. 1. Motion Commissioner McKoy moved to table Agenda Item VI.D.1. the motion. Commissioner Ensler seconded Vgte City Clerk Prainito called the roll. Commissioner Ferguson dissenting./ The motion passed 3-2 (Vice Playor McCray and Attorney Cherof stated the legal staff, planning and development staff and City Manager would be investigating the process and would be submitting recommendations. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 VII. VIII. CODE COMPLIANCE & LEGAL SEI'FLEIqENTS: None PUBLIC HEARZNG: 7:00 AGENDA PERMITS P.M. OR AS SOON THEREAFTER AS THE A Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) (1~ READING OF PROPOSED ORDINANCE NO. 05-0~19); and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (.~sr READING OF PROPOSED ORDINANCE NO. 05-020) Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway - Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning district. Boynton Beach Lofts (HTEX 05-001) 623 South Federal Highway - Request for a height exception of. 3'-2' pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78'-2' in height, a distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district. Mayor Taylor stated Items A, A.1 and A.2 have been requested to be postponed until April 19th. MotiQn Vice Mayor McCray made a motion to postpone A, A.1 and A.2 agenda items until April 19th. Commissioner McKoy seconded the motion. Motion passed unanimously. Project: Agent: Owner: Location: Description: Barr Property (LUAR 04-009) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request to amend the Comprehensive Plan Future Land Use Map for High Density Residential to Special High Density Residential (Ist READING OF PROPOSED 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 ORDINANCE NO. O'J-02'l); and to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD). (,/st READING OF PROPOSED ORDINANCE NO. 05-022) Proposed Use: Townhouse community of 180 units. Barr Property (NWSP O4-013) 1801 NE 4th Street. Request new site plan approval for a 180-unit town home development on a 9.88 acre parcel in a proposed PUD zoning district. Attorney Cherof swore in everyone who would be testifying and explained the procedure to be followed. Dick Hudson, Senior Planner, presented the staff recommendation. He stated the property is located between NE 4th Street and the FEC tracks consisting of 9.88 acres. The existing land use is high density residential, l't is currently the site of the Boynton rvlobile Home Park. The proposed use is a townhouse community of 180 units. North of the property is single family residential development, to the east is PUD, to the northwest is multi-family residential, and to the south is R-3 multi-family residential. There is some commercial zoned (2-3 in the area. Staff recommended approval of the requested land use amendment and rezoning. Mr. Hudson stated the request would be consistent with relevant policies in the Comprehensive Plan and adopted Federal Highway Corridor Community Redevelopment Plan. Also, the redevelopment of the property is desirable, would maintain the residential character of the area and would be aesthetically pleasing living environment in proximity to downtown. The proposed development did meet the standards expected from a Planned Unit Development as requested in a Special High Density category. Eric Johnson, Planner, stated the property would consist of 180 townhouse units and currently has 110 mobile homes on site, 94 were licensed. There would be one phase to the project. Staff had reviewed the project for concurrency. The Palm Beach County traffic division determined the project is located within the coastal residential exception area and would meet the traffic standard for Palm Beach County. However, he stated, no building permits are to be issued until after the 2007 build out date on the project. Mr. Johnson indicated the Boynton Beach Utilities Department, Police and Fire staff also reviewed the project and determined current staffing levels would be sufficient to meet the expected demand for services. The Engineering Department also found the plans acceptable. Palm Beach County School District had reviewed the project and determined their capacity to serve the development would be adequate. There would be one point of ingress and egress located off NE 4th Street. The parking spaces would be thirty-three more than required. There is adequate setback and native species landscaping. Staff recommended approval of the site plan with the 36 conditions of approval. Vice Mayor McCray asked for clarification on the terminology, "...no building permits are to be issued by the City after the 2007 build out date". Mr. Johnson stated the traffic statement prepared has a qualification that the project has to be built out by 2007. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Aph15,2005 Michael Weiner representing Cornerstone Development spoke for the applicant and indicated there were several staff members present if the Commission had any questions. Mr. Weiner stated all conditions of approval were agreed to by the applicant. A copy of a presentation was submitted for the record. Mr. Weiner stated the project met the measure of substantial competent evidence based solely on the staff report. In fact, the site plan equaled or exceeded every category requested of the applicant. Vice Mayor McCray inquired about the residents currently in the Park. Mr. Weiner stated $202,277.00 has been paid to the residents of the trailer park. He added the applicant was working hard to accommodate the residents in any way possible and would continue to do so diligently. Mayor Taylor stated one resident had spoken to him about a problem and the applicant took care of it within two days. Mayor Taylor open the hearing to the public. Herb Suss, Woodfern Drive, stated he objected to the project, there being too much condensation in a small area and too many people. He asked the Commission to be cautious of three, four and five story growth. Ray DeYoung~ 3 F Street in Boynton Mobile Village stated his move had been done very professional and the applicant had done more than expected. He stated the process has been smooth and overall everyone seemed happy. Carol Baswell, Boynton Mobile Village stated her only income has been Social Security and if not for Cornerstone she would have nothing at all. She has had everything taken care of by Cornerstone. Robert Neal, Boynton Mobile Village, 8 F Street added he appreciated what Cornerstone had done. Mayor Taylor closed the public hearing. Attorney Cherof read Ordinance No. 05-021 by title only. MQtion Commissioner Ferguson moved to adopt the Ordinance. motion. Vice Mayor McCray seconded the Vote City Clerk Prainito called the roll. The motion carried 5-0. Attorney Cherof noted the Ordinance would come back for public hearing and 2nd reading. Attorney Cherof read Ordinance No. 05-022 by title only. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Motion Vice Mayor McCray moved to approve Ordinance No. 05-022. the motion. Commissioner McKoy second Vote City Clerk Prainito called the roll. The motion carried 5-0 Motion. Vice Mayor McCray moved to adopt the proposed site plan. seconded the motion. Motion carried unanimously. Commissioner Ferguson IX. cTrY MANAGER'S REPORT: A. Annexation of Enclaves Mr. Bressner discussed the annexation procedures and how the City should approach the enclaves that could be annexed to the City. The process has been when water and sewer are provided to residences outside the City the owner has been required to sign a pre- annexation agreement. The properties to be considered are enclaves that are partially or totally surrounded by the City of Boynton Beach. This would have been one of the items on the Commission's strategic plan from last year. Dick Hudson, Senior Planner, showed maps of the City, pointing out the enclaves to be discussed. He stated enclaves one and two in the northwest corner of the City south of Hypoluxo, should be annexed and the property just west of the enclaves, Palmyria, had already requested annexation. Mr. Bressner suggested the process of annexing an enclave be explained. Mike Rumpf, Planning and Development Director, stated Chapter 171 of the Florida Statues explains the mechanism for annexation. One would be voluntary when the property owner petitions to be annexed. For a property to meet the definition of enclave it must have ambiguity, compactness, be surrounded by one municipality, being developed or improved, and less than ten acres is a threshold. The enclaves can be packaged together. Through an Tnterlocal Agreement with Palm Beach County the properties can be annexed. The annexation would depend on the position of the Board of County Commissioners and the characteristics of the enclave. Mr. Rumpf stated most important would be the size of the properties being less than ten acres. There would be the question of whether or not to include right-of-ways to the total enclave which may exceed the ten acres limits on some enclaves. Commissioner Ensler asked what the process would be if the enclave was greater than ten acres. Mr. Rumpf answered the City does not have the option in the Tnterlocal Agreement; it would have to be the referendum process or a voluntary petition. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April5,2005 Attorney Cherof added it would be a dual referendum requiring the vote of the property owners in the area and the City itself. Both would need to be positive for annexation according to Mr. Rumpf. Vice Mayor McCray asked how many of the nineteen presented are less than 10 acres. Mr. Hudson pointed out one of the requirements is the enclave must be developed or improved. He would provide the figure for Vice Mayor McCray as soon as possible. Mr. Hudson did indicate the County does work with the City on annexations. Commissioner Ensler asked how many of the enclaves are located in the CRA and how many of those are greater than ten acres. His concern was that the CRA have total control over development or redevelopment within the CRA territory. Mr. Bressner stated none are in the CRA. Commissioner Ensler broadened this question to include the area of the boundary of the CRA. Mr. Bressner stated some are adjacent to, but the boundaries of CRA did not include the parcels. The annexation into the CRA would be problematic and complex. The benefit to the City would be the City would receive the property tax increment directly rather than going through the CRA. Commissioner Ensler stated the control would still rest with the Commission and the CRA once annexed rather than the County. Mr. Bressner agreed with Commissioner Ensler's statement. Mr. Hudson pointed out there were a couple enclaves on the west side of Federal in the south part of the City that would be within the boundaries of the CRA. Commissioner Ensler inquired if there would be any reason not to annex those enclaves that could legally be annexed? Mr. Hudson stated requests to be annexed have been coming in daily and it is the area where most of the annexations are occurring. Mr. Bressner stated historically the impediment to annexation has been the fire service. The fourth fire station on South Federal to be operational in May would solve the problem. Vice Mayor McCray asked why the matter was before the Commission if nothing would be moving forward on the process. Mr. Bressner stated if the Commission would give staff direction on the annexation, staff would then present a priority scheme for the enclaves. Mayor Taylor added the Commission would be looking for not only the annexation of the properties but the associated costs if the properties would be annexed. X. FUTURE AGENDA TTEMS: Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard ( TABI.£D ON 8/$/04 basc~! on review by Plannin9 & Development Board and CRA) (5/3/05) B. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) C. Proposed Lease Agreement with Boynton Woman's Club (TBA) D. Hurricane Design for Public Buildings (5/3/05) 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 City Manager's Evaluation (October 2005) Commission Boundary Redistricting Zoning in M-1 District Attorney Cherof stated Item G could be removed from the next Agenda since it would be dealt with later on the current Agenda unless tabled. XI. NEW BUSINESS: A. Support the goals and objectives of the Utel Project for workforce development (Proposed Resolution No. R05-05~) Commissioner Ferguson moved to approve Resolution No. R05-059. Vice Mayor McCray seconded the motion. Discussion Mayor Taylor requested clarification on the purpose of the Resolution. Commissioner Ferguson stated the Resolution would endorse the objectives of the Workforce Project. Attorney Cherof indicated the operative wording is, "The City of Boynton Beach accepts the goals and objectives of the Utel Project." Vote Motion passed unanimously XII. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING None B. Ordinances - 1St Reading None C. Resolutions: 1. Proposed Resolution No, R05-060 RE: Authorizing issuance of a "Notice of Intent" to create a temporary moratorium to allow staff to review and revise zoning regulations or properties in M- 1 Zoning Districts which front on specific roadways; and providing an effective date. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 5, 2005 Commissioner Ensler moved the Resolution be tabled in fairness to the applicant for the Carwash. Vice Mayor McCray seconded the motion. Motion carried unanimously. D. Other: None XlII, UNFINISHED BUSINESS: None XIV. ADJOURNf4ENT: Mayor Taylor adjourned the meeting at 8:21 p.m. CITY OF BOYNTON BEACH ATTEST: t~ Clerk ommis.si°ner ner 23 RICHARD D. LEONARD 6718 Garde Road Boynton Beach, Florida 33437-7300 Phone: (561) 736-6166 Fax: (561) 736-6166 email: rleo6718 _~.adelphia.net April 4, 2005 Mr. Mack McCray City Commissioner City of Boynton Beach Boynton Beach, Florida Dear Mr. McCray: Habitat for Humanity of South Palm Beach County has been a builder in Boynton Beach for many years. The City has cooperated and partnered with Habitat for Humanity in many of its projects. As you know Habitat's mission is to eliminate sub standard housing. We provide these houses at our cost to the selected families. Many groups and agencies volunteer their labor to complete the houses and keep the building costs down. Our next build includes 3 houses which happen to been on three connected lots: 807, 809 & 811 NW ! st Street. Because the lots are connected we 'triggered' an ordinance that classifies Habitat as a 'developer' and initiates a 'parks and recreation' fee of $771.00 per lot. I, in behalf of Habitat for Humanity, am appealing to the City Of Boynton Beach to eliminate this fee in connection with the three mentioned addresses. I don't believe the City is going to provide any additional services or materials for these builds than it would provide if they were non-connected lots. Every dollar we save is passed on to the homeowner so that their costs are as Iow as possible. The appreciation of values in this area has caused the home pdce to rise by almost 4596 over the past 2-3 years. We hope that the City Commission can see it clear to again help Habitat and eliminate the Parks & Recreation Fee for these three lots. Richard D. Leonard Board of Directors Habitat for Humanity of So. Palm Beach County ¢/~/~~/~9/n~, 8:32:49 PAYMENTS DUE RECEIPT PREPARED CITY OF BOYNTON BEACH PROGRAM BP820L APPLICATION NUMBER: 05-00001305 811 NW 1ST ST FEE DESCRIPTION AMOUNT DUE BCAIF BUILDING PERMIT PARKS & RECREATION RADON TRUST FEE SEWER SERVICE WATER SERVICE TOTAL DUE 8 08 1842 70 771 00 8 O8 298 80 1679 40 4608 06 Please present this receipt to the cashier with full payment. ~REPARED 3/22/05, 8:32:24 PAYMENTS DUE RECEIPT CITY OF BOYNTON BEACH PROGRAM BP820L APPLICATION NUMBER: 05-00001304 807 NW 1ST ST FEE DESCRIPTION AMOUNT DUE BCAIF BUILDING PERMIT PARKS & RECREATION RADON TRUST FEE SEWER SERVICE WATER SERVICE TOTAL DUE 7 49 1633 54 - 771 00 7 49 298 80 1679 40 4397 72 Please present this receipt to the cashier with full payment. PREPARED 3/22/05, 8:31:49 PAYMENTS DUE RECEIPT CITY OF BOYNTON BEACH PROGRAM BP820L APPLICATION NUMBER: 05-00001303 809 NW 1ST ST FEE DESCRIPTION AMOUNT DUE BCAIF BUILDING PERMIT PARKS & RECREATION RADON TRUST FEE SEWER SERVICE WATER SERVICE TOTAL DUE 8 O8 1842 70 771 00 8 08 298 80 1679 40 4608 06 Please present this receipt to the cashier with full payment. Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System Owner Information PCN: 08434521070031530 HABrFAT FOR HUMANTrY OF Name: SOUTH ,ocation: NW 8TH AVE Mailing: loo E LmTON BLV STE 203A DELRAY BEACH FL 33483 3336 2004 Preliminary Assessment -~ Market Value: $9,590 Assessed Value: $9,5:1 Exempt Amnt: Taxable: $9,590 ~ - 2004 Estimated Tax / Ad Valorem: $o. Non ad valorem: S0. Total: $o. Sales Information S_a_ !_e_sp_at~er~b-2Oo3 Pri~ lz oo~ Jan-1985 $5,000~ Jan-1981 $1,500~ Jan-1980 Jan-1970 ~;1t Legend --~ Parcel B omdarg ~'~ Let nurrber Palm Beach County Property Map Map Scale 1:1154 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 4/5/2005 from PAPA http://gisweb~c~pa~m-beach.~.us/ipapag~s/pres~ntati~r~mapping/printnew.asp?MAPURL=h... 4/5/2005 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System Owner Information PCN: 08434523070011530 Name: HABITAT FOR HUMANITY OF ocatioIl: NW 4TH AVE Mailing: 100 E LINTON BLV STE 203A DELRAY BEACH FL 33483 3336 2004 Preliminary Assessment - Market Value: $9,59o Assessed Value: Exempt Amnt: $o Taxable: 2004 Estimated Tax Ad Valorem: $o.o~ Non ad valorem: $o.oc Total: $o.oc Sales Information . _~__Le_s_p_a _t~ Price May-2003 ........ Oct-1987 $6,000~ 3an-1973 $2~00~ Legend -------]Parcel Bomdary' I--~'~-~ L~ nLmt)ef Palm Beach County Property Map Map Scale 1 ' 1154 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 4/5/2005 from PAPA http://gisweb~c~.pa~m-beach~~~us/ipapagis/pr~s~ntati~n/mapping/printnew.asp?MAPURL=h~.. 4/5/2005 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: Barr Property Mr. John Barr / The Cornerstone Group, Incorporated Development Building Engineering 0¢~. Licenee Deputy City Clerk 2121 Ponce de Leon Boulevard Penthouse Coral Gable, Florida 33134 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 rescheduled to January 18, 2005. TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 180 townhouse units on 9.888 acres in the PUD zoning district. LOCATION OF PROPERTY: 1801 Northeast 4th Street 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applica~nt ,,,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica, pt's application for relief is hereby c,," 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:\Plann/ng\SHARED\WP~PROIECTS~Barr Property\NWSP 04-013~)O.doc All further development on the property shall be made in accordance with t and conditions of this order. ~ Other Iii. City Clerk B^RR PROPERTY NWSP 04-013 Location Map 23rd Avenue SHDR REC HDR LEGEND: LDR - Low Density Residential HDR. High Density Residential SHDR - Special High Density Residential REC. Recreation LRC - Local Retail Commercial REC crc 360 180 0 ~ Feet N EXHIBIT "B" HDR/R-3 EXHIBIT "B" EXttlBIT "B" EXHIBIT "' EASTBOYNTON VILMGE Om ti EXHIBIT "B" EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph II Coral Gables, Florida EXHIBIT "B" rn ;; EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph II Coral Gables, Florida EXHIBIT "B" z JFS D~.~CA,EOSiARCHg~ IrlcMC~. _ ?"-m___ _~_[ EXHIBIT "C" Conditions of Approval Project name: Barr Property File number: NWSP 04-013 Reference: 3rd review plans identified as a New Site Plan with an October 12, 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. Complete drainage plans, including drainage calculations in accordance with X the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. 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: 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Department has X COA 11/18/04 2 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. 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. FIRE Comments: 8. All portions of this project shall be accessible by the Fire Department from X the time of first construction, per City Ordinance 9-14. This includes the installation of a Knox Box at the alternate point of emergency vehicle ingress / egress. 9. All roads shall be capable of withstanding the weight of Fire Department X vehicles and shall be kept clear at all times. 10. All hydrants shall be wet before construction begins in the area covered by X that hydrant. 11. The site address shall be posted in contrasting six (6) inch high letters. The X address shall be visible from the road way at all times. The address shall be posted before construction begins. POLICE Comments: None X BUILDING DIVISION Comments: 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 14. 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 Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within COA 11/18/04 3 DEPARTMENTS INCLUDE REJECT the covered dwelling unit shall comply. 15. Add to the drawing the calculations that were used to identify the minimum X number of required handicap accessible parking space/s. Also, state the code section that is applicable to the computations. 16. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. 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 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the 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: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. 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. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse/recreation building/lease office, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? c. Will there be any additional deliveries to the site? COA 1 I/18/04 4 DEPARTMENTS INCLUDE REJECT d. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building/lease office. 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. 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: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. a. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. 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) 21. 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. 22. 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. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. COA 11/18/04 5 DEPARTMENTS INCLUDE REJECT 24. At the time of permitting, show the proposed site lighting on the site and X landscape plans. PARKS AND RECREATION Comments: 25. The development is comprised of 180 single-family attached units. The X Recreation and Parks Facilities impact Fee is computed as follows: 180 single -family attached units ~ $771 ea. = $138,780 26. The developer should add bike racks adjacent to the recreation amenities. X FORESTER/ENVIRONMENTALIST Comments: 27. Irrigation Plan X The irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Sec. 5A). 28. 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.). PLANNING AND ZONING Comments: 29. Approval of this site plan is contingent upon the accompanying request for X land use amendment / rezoning (LUAR 04-009). This includes the proposed project density. On the site plan (sheet SP1) tabular data, indicate the project's proposed density. 30. A unity of title may be required. The Building Division of the Department of X Development will determine its applicability. 31. At the time of permitting, the traffic impact analysis must be revised to X indicate 180 townhouse units. The County must approve the analysis prior to the issuance of any building permits. No building permits are to be issued by the city, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. COA 11/18/04 6 DEPARTMENTS INCLUDE REJECT 32. The School District of Palm Beach County approved the project for 152 X dwelling units for school concurrency but 180 are proposed. At the time of permitting, the School District of Palm Beach County must approve a total of 180 dwelling units. A revised approval letter (from the County) would be required prior to the issuance of any building permits. 33. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The placement of these 34. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 35. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.¢.2.). 36. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and X Redtip Cocoplum hedges are proposed within the south landscape buffer. Also, three (3) Live Oak trees are proposed at the southwest comer of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest comer of the property and that the Live Oaks are proposed in a row within the length of the buffer. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 38. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Barr Property~NWSP 04-013\COA.doc r'" rn 0 0 0 0 C~ t~ 0 r,~ E E 0 0 C~ 0 C',,I 0 0 n- _,1 l'-Z0 [T~ E 0 0 "0 0 0 0 0 E 0 (D "0 ~ . 0 0 ~ N L Ill t-- 0