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Minutes 06-21-05 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 21, 2005, AT 6:30 P.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mike Ferguson, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Rothstein 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 added an item under XI. New Business D, sexual predators listing on web site. Vice Mayor McCray added an item under X. Future Agenda Items to review the impact on homeowner associations of the increase in the overtime rate for the police. Commissioner Ensler agreed the increased rate created a financial hardship for homeowner associations that had long term contracts with the City. Commissioner Ensler added an item under X. Future Agenda Items relating to the addition of a Veterans' Advisory Board in the City. 2. Adoption Motion Commissioner Ferguson moved for approval of the agenda as amended. Vice Mayor McCray seconded the motion. Motion passed unanimously. 1 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 II. OTHER: A. Informational Items by Members of the City Commission. Commissioner Ferguson discussed the City pension plans and suggested a change be made to defined contribution systems. He also suggested a review should be done of the consultant fees to be sure no hidden fees were being assessed. Vice Mayor McCray stated he would not speak on the City Manager or City Boards as he indicated at the Agenda Preview Meeting. He did indicate he had sat on the Mayor's Roundtable in Delray Beach, FL under Representative Adam Hasner who had only kudos for Chief Bingham and his report on hurricane preparedness. Vice Mayor McCray thanked Chief Bingham for representing the City. Commissioner McKoy thanked everyone for their well wishes and prayers during his medical absence. III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamation: a. Code Enforcement Officers Appreciation Week June 6 -10, 2005. Mayor Taylor read the Code Enforcement Officers Appreciation Week Proclamation and presented it to Scott Blaise, Code Compliance Administrator. 2. Award of a Certificate of Completion to Commissioner Carl McKoy for completion of the Advanced Institute for Elected Municipal Officials. Mayor Taylor read the Certification of Completion and commented that Commissioner McKoy not only takes his responsibility to his constituents seriously but also furthered his knowledge to do any even better job. 4. Award Certificate of Appreciation to Arleen Dennison in recognition of her many valuable contributions to the quality of life in the City of Boynton Beach. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 (Taken out of order) Mayor Taylor presented Arleen Dennison with a certificate of appreciation recognizing her contribution to the City of Boynton Beach as the Museum/Special Service Coordinator at the Schoolhouse Museum. 3. City of Boynton Beach Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004, as presented by Mark Veil from Caler, Donten, Levine, Druker, Porter & Veil. Mark Veil gave a brief overview of the financial report for the fiscal year ended September 30, 2004 which is on file in the City Clerk's office. He stated the most important pages are the independent auditor's opinion which is an unqualified opinion being the highest form of opinion that can be given as independent certified public accountants, and it says your financial statements have been prepared in accordance with Generally Accepted Accounting Principles (GAAP). Mr. Veil highlighted the figures stating total net assets increased from $233.4 million on September 30, 2003 to $242.1 million on September 30, 2004. The increase rose from $3.3 million of governmental activities and approximately $5.4 million from business type activities, such as water, sewer or profit generating functions. Mr. Veil stated the City's general operating fund shows an increase of $2.4 million to $15.9 million representing four months of budget operating expenses. The water and sewer fund generated about $2 million in net income after transferring $4 million to other funds. The pension funds' net assets increased approximately $10 million for the year as a result of contributions and earnings in excess of benefit payments. Mr. Veil also indicated the City received $2.4 million in federal grant money, anticipating $1.3 million from FEMA and $760,000 from Community Development Block Grants, and $853,000 from state funds which includes $570,000 from the SHIP program. A few comments were outlined in the report regarding management, including no reportable conditions or material weaknesses. Mr. Veil stated there were no disagreements with staff or problems with cooperation. Vice Mayor McCray thanked Mr. Veil for his report and indicated although he realized the extension granted for the report was an administrative decision based on the demands of FEMA relating to the hurricanes, he felt the fiduciary responsibilities of the Commissioners warranted notification and approval by the Commission of the extension. Vice Mayor McCray did point out there were excess budget expenditures for the City Manager of $3,078, City Clerk $13,774, Human Resources $3,683, City Attorney $73,395, Facility Management $18,369, City Hall Administration $448,615, Police Department $313,259, Fire Department $561,119, Occupational License $18,666, Code Compliance $268, Public Works Administration $14,936. The monies were reimbursed through FEMA. Mr. Veil indicated the figures are required to be reported and Mr. Mummert, Financial Director, would be addressing the issues with Vice Mayor McCray. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Mayor Taylor thanked Mr. Veil for his efforts doing the report and commended the continuing excellent work of the Finance Department. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Christopher DeLiso, President of Crossings Homeowners' Association, requested the opportunity to speak on the overtime for police officers. Mayor Taylor indicated the subject would be addressed at the first meeting in July. Mr. DeLiso requested the Homeowner Associations be notified of the date and Mayor Taylor agreed notification would be given. Tina Smith, 15 Velaire Drive, questioned why the promises by the Commission made to the Velaire Drive residents in June of 2003, regarding the width of Hoadley Road for the New Alliance Haitian Church have all changed. The Commission had stated a substandard road would not be allowed and the City would not fund the road for the developer. Ms. Smith understood a substandard road at the City's expense is now being done. She stated the traffic was not anticipated to flow on to Velaire Drive but remain on Hoadley. Now, a light will be placed on Velaire Drive for the Winchester property and no left turns out of Hoadley would require every vehicle leaving the church to use Velaire Drive. Ms. Smith expressed concern that as the Winchester property developed, Velaire Drive would become a short cut to Boynton Beach Boulevard from Old Boynton and further increase the traffic flow on Velaire Drive. Ms. Smith stated none of the residents have been notified of the changes and would like an explanation. Mayor Taylor promised Ms. Smith answers to her questions and concerns. Ms. Smith indicated she was a City employee and a member of the Incident Review Board and the road is being built as a substandard road being only 20 foot wide. Minutes from the prior meetings reflect the standard right-of-way was to be 60 to 70 feet and the road would be a 30 foot right-of-way. Her experience on the Review Board has been the large new fire trucks have difficulty on the smaller roads. Mayor Taylor assured Ms. Smith she would receive an update as well as the Commission. Eric Peterson, Hoadley Road, stated he had attended several meetings and discussions with Planning and Zoning and the Commission assuring the citizens a substandard street would not be allowed and that the developers are responsible for the cost. Mr. Peterson indicated he has seen approved blueprints that reflect small patches of pavement would be added on each side of the road by the developer and then a year later the City would come in and repave the road under the drainage runoff program. This shifts the burden to the taxpayers for the road and the road was made a condition of the building permit to be no less than 22 feet wide. Mr. Peterson stated the only notice given to the homeowners on Hoadley Road and Velaire Drive was a contractor walking through the front yards of the homes and telling the homeowners their driveways, shrubbery, mailboxes and yards would be taken. Mr. Peterson felt due process had not been followed and a variance has not been issued for the roadway. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Mayor Taylor reiterated staff would give an update on the road as soon as possible. Mr. Peterson stressed the fact work has already begun so immediate attention needs to be given to the problem. Kathy Silva rio, 10 Velaire Drive stated she agreed with Tina Smith and Eric Peterson and expressed her concern that residents are not being notified of changes. Edward Tedtmann, 869 NW 8th Avenue, indicated he had received information regarding a rezoning from R-1-A-A to R-1-A in his neighborhood and suggested without further explanation the notice was not sufficient. He recommended the notice include a summary of the City's rezoning regulations with an abbreviated explanation of the setbacks and sizes for clarification to the recipients. Mike Fitzpatrick, 175 SW 2nd Street, spoke regarding the value and best place for a greenway would be running along the railroad tracks by Pence Park, having the least amount of crossings and connecting the two environmental areas, the Boynton overlook and the Sea crest Scrub. Mr. Fitzpatrick also asked if the City was negotiating with the St. Mark Catholic Church to buy the mangroves. Mayor Taylor indicated there was negotiations to buy them and to preserve the mangroves in perpetuity to help with the Promenade being developed. Nathanial McGrady, 111 NE 18th Avenue stated for two years the citizens of NE 18th Avenue have been complaining to the police about the dirt bikes and four wheelers using the street as a race track. Mr. McGrady indicated the police often do not respond to the calls and when they do, the offenders simply hide until the police are gone and then continue racing on the street. Mr. McGrady stated the dispatch center was not very helpful and felt the residents of NE 17th, 18th and 19th Avenues have been overlooked. Herb Suss, Wood Fern Drive expressed his objection to the lack of a quorum at a prior Commission meeting. Mr. Suss stated the Boynton Links Golf Course has been voted one of the best municipal golf courses in the country for the second year. He commended Arleen Dennison's work with the Schoolhouse Museum. Mr. Suss also questioned if the Police Department had a good policy and training intact for the use of the taser guns. Mayor Taylor stated he had viewed the police training in the use of taser guns including the officers personally being shocked so the officers are aware of the impact of the tasers. Mike Morell, PO Box 18649, West Palm Beach made a constructive recommendation to the Commission on dealing with a loss of quorum. He stated there is a mandatory law that Commissioners vote; however a case on point has never arisen. The City Charter in Section 18 indicates rules of procedure may include penalties for non attendance of its members and he encouraged the Commission to use the Charter's authority to police itself. AI DeMarco,10817 Quail Covey Road, announced Henderson Tillman, Vice Chair of the Community Redevelopment Agency has been hospitalized at the Jackson Memorial Burn Center. 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Robert Brown, 701 S. Sea crest, reported the storm water drainage project is no longer mandatory. He stated the three leaks in the water main had flooded a five to six acre area under fresh water. The pipe has now been abandoned from NE 8th Avenue to NE 7th Avenue. The area has dried up and the Commission should reconsider the storm water drainage ponds as not being necessary. Mr. Brown also requested permission from the Commission to speak with Chief Bingham regarding a barbequeincident. Mayor Taylor indicated he had spoken with Mr. Brown on many occasions and the barbeque issue has been resolved by the courts. Mr. Brown stated he would like to speak with the Chief on issues other than the barbeque. No one else coming before the Commission, the Public Audience was closed by Mayor Taylor. v. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board EXDiration Date I Ensler Adv. Bd. On Children & Youth Aft 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (3) Commissioner Ensler appointed Christine Hogenkamp for the student position the Advisory Board on Children and Youth and tabled all remaining appointments. Vice Mayor McCray asked to table his appointment to the Advisory Board on Children and Youth. Motion Vice Mayor McCray moved to accept the appointment of Christine Hogenkamp. Commissioner Ensler seconded the motion. Motion passed unanimously. II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 Vice Mayor McCray appointed Robert Bonagura to the Alternate position on the Building Board of Adjustments & Appeals. Motion Commissioner Ferguson moved to accept the appointment of Robert Bonagura. Vice Mayor McCray seconded the motion. Motion passed unanimously. I Ensler Cemetery Board Alt 1 yr term to 4/06 II McCray Code Compliance Board Alt 1 yr term to 4/06 I Ensler Code Compliance Board Art 1 yr term to 4/06 Vice Mayor McCray appointed Richard Yerzy as an Alternate on the Code Compliance Board. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Motion Commissioner Ferguson moved to approve the appointment of Richard Yerzy. Commissioner Ensler seconded the motion. Motion passed unanimously. III Ferguson Education Advisory Board Alt 1 yr term to 4/06 IV McKoy Education Advisory Board Alt 1 yr term to 4/06 Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06 III Ferguson Education Advisory Board Stu 1 yr term to 4/06 Tabled (3) Commissioner Ferguson tabled both his alternate and student appointment to the Education Advisory Board. Commissioner McKoy tabled his alternate appointment to the Education Advisory Board. Mayor Taylor tabled his appointment to the Education Advisory Board for lack of any applicants. I Ensler Library Board Alt 1 yr term to 4/06 II McCray Library Board Alt 1 yr term to 4/06 Vice Mayor McCray tabled his alternate appointment to the Library Board. II McCray Senior Advisory Board Alt 1 yr term to 4/07 Vice Mayor McCray tabled his alternate appointment to the Senior Advisory Board. Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Mayor Taylor tabled his alternate appointment to the Employees' Pension Board for lack of any applicant. VI. 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: 1. Regular City Commission Meeting - May 17, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Multi-award the "Annual Bid for Safety Clothing and Equipment" Bid #031-1412-05/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $26,000.00. 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 2. Award Bid #019-2821-05/DD, "INCA Storm Water Management Improvements and Water Main Replacement Project", to Ric-Man Construction, Inc. d/b/a Richard Mancini Equipment Company, and execute a contract in the amount of $4,130,907.00 plus an owner's contingency of 15% in the amount of $619,636.00 for a total project budget appropriation of $4,750,543.00. (Proposed Resolution No. R05-109) Vice Mayor McCray pulled item VI.B.2. 3. Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT", Bid #032-1412-05/JA to various vendors by manufacturer, with an estimated amount of $100,000.00. 4. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" Bid #031-1412-05/JA, to various vendors, with an estimated expenditure of $40,000.00. 5. Approve "piggyback" existing Bid #05-28537-001, of Plant City, for the purchase of five (5) new and unused 40 KW stationary generators and automatic transfer switches manufactured by Katolight/John Deere. The bid contract was awarded to D's Sales and Service, Inc. of Ocala. The total cost for the five (5) generators is $105,845.00. Vice Mayor McCray pulled item VI.B.5. 6. Approve a motion to split award "Two Year Bid for Automatic Transmission Parts and Repairs", Bid #039-1412-05/DD to Florida Worldwide Transmissions, Inc. of Lake Worth, FL and Sunbelt Hydraulics & Equipment of Delray Beach, FL with an estimated expenditure of $25,000.00. 7. Approve the "Surplus Vehicle/Equipment List" four (4) items as submitted by Public Works/Fleet Maintenance and allow for the sale of same. 8. Approve a "piggy-back" of the City of Palm Bay, Bid #23-0-2002/GG to Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach, FL, for Well Rehabilitation Services with an estimated annual expenditure of $300,000.00. 9. Multi-award Bid #029-1412-05/DD "Annual Miscellaneous Uniforms to include Embroidery/Silk Screening" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $80,000. C. Resol utions: 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 1. Proposed Resolution No. R05-093 RE: Approving the agreement between the City and Boynton Beach Little League, Inc. (Little League) for the use of Little League Park. 2. Proposed Resolution No. R05-094 RE: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Modesto and Rachel Maldonado for the property at 1036 Florence Rd., Lake Worth, FL (Hypoluxo Ridge L T 62) 3. Proposed Resolution No. R05-095 RE: Approving additional language to Rule #24 of the Cemetery Rules & Regulations to require gasketed metal caskets for human remains for Mausoleum usage and burial of human remains/cremains only in any municipal cemetery. 4. Proposed Resolution No. R05-096 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Boa rd. a. Authorization for the Chairman to sign the interlocal agreement for the delivery and use of reclaimed water with Boynton Beach, effective as of October 1, 2005. (Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 b. Assignment Agreements for the following golf courses: Delray Dunes Golf and Country Club, Country Club of Florida, Hunters Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge Country Club.(Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 Vice Mayor McCray pulled items VI.C.4.a and b. 5. Proposed Resolution No. R05-097 RE: Authorizing the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach to replace trees at Boynton Beach Memorial Park. The project costs are $60,000 with reimbursement to the City through this grant in the amount of $45,000. Vice Mayor McCray pulled item VI.C.5. 6. Proposed Resolution No. R05-098 RE: Approving the renewal of three (3) community garden lease agreements between the property owners, City of Boynton Beach and Palm Beach County. 7. Proposed Resolution No. R05-099 RE: Approving wind load design standards for any and all future municipal buildings and structures to be designed according to Exposure C of the American 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Society of Civil Engineers (ASCE) publication titled Minimum Design Loads for Buildings and Structures, ASCE 7-98. 8. Proposed Resolution No. R05-100 RE: Authorizing the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach to replace trees along Federal Highway in the City of Boynton Beach. Project costs of $24,000 with reimbursement to the City through this grant in the amount of $18,000. 9. Proposed Resolution No. R05-101 RE: Approving and authorizing an Agreement for Water Service Outside the City Limits with R.I. & J. Financial, Inc. for the property at 7872 Terrace Rd., Lake Worth, FL. (Tropical Terrace L T 116). 10. Proposed Resolution No. R05-102 RE: Approving the Traffic Enforcement Agreement between the City of Boynton Beach and the Crossings of Boynton Beach Condominium Association, Inc. 11. Proposed Resolution No. R05-103 RE: Approving Interlocal Agreement with the Village of Golf for the provision of Fire Rescue services. 12. Proposed Resolution No. R05-104 RE: Approving and executing the lease agreement with the Boynton Beach Mall for five-year (June 1, 2005 - May 31, 2010) rent-free usage of City Hall in the Mall space. 13. Proposed Resolution No. R05-105 RE: Authorizing the execution of an Assignment and Assumption Agreement between the City of Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M. Inc. for Scope C, Infrastructure Improvements and Repairs. 14. (This item has been moved to XII Legal. C.3) 15. Proposed Resolution No. R05-106 RE: Approving the execution of the Declaration of Restrictive Covenants and Grant Award Calculation Statement between Florida Communities Trust (FCT) and the City to provide partial reimbursement for the acquisition of the Jaycee Park property from Florida Inland Navigation District (F.I.N.D.). Project cost of $3,423,135 with reimbursement to the City through grants in the amount of $1,709,567.50. 16. Proposed Resolution No. R05-110 RE: Assigning ground lease interest and obligations to Global Signal Inc. and certificate 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 of estoppel for the telecommunications tower at 3600 Miner Road a.k.a. Water Storage Tank Site. 17. Proposed Resolution No. R05-111 RE: Assigning ground lease interest and obligations to Global Signal Inc. and certificate of estoppel for the telecommunications tower at 222 NE 9th Avenue a.k.a. Public Works Compound. D. Ratification of Planning & Development Board Action: 1. Quantum Park 8r. Village South Commercial (MSPM 05-003) Request for Master Site Plan Modification approval for the construction of a Mixed-Use development consisting of an additional 115 multi-family dwelling units (for a total of 349 dwelling units) and 71,708 square feet of commercial/office space on a 26.165 acre-Mixed Use POD in the Planned Industrial Development (PID) zoning district.(Tabled to 07/19/05 by request of applicant) 2. (This item has been moved to vrrL Public Hearing E.) 3. Pylon Interstate Plaza (SPTE 05-002) Request for nine (9) month site plan time extension for the construction of a 29,419 square foot, two (2)-story office building, approved on February 3, 2004 (an extension to November 3, 2005). 4. Grove Plaza Parcel B (MPMD 05-009) Request for Master Plan Modification approval to convert parcel "B" from a proposed 3,800 square foot bank to a 14,291 square foot office building. 5. Grove Plaza Parcel B (NWSP 05-012) Request for New Site Plan approval for a 14,291 square foot, two (2) story office building on a 1.116-acre parcel in a C-3 zoning district. Commissioner Ensler pulled items D.3, 4 and 5 to allow for any public comment. E. Ratification of CRA Action: None F. Approve the donation of $5,000.00 to the Boynton Beach P.A.L. for a trip to National P.A.L. basketball tournament. G. Return of cash bond of $13,267.00 to First Baptist Church of Boynton Beach for the project known as the First Baptist Church. H. Approve the "Surplus Computer List" as submitted by the Warehouse and allow for the disposal of same. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 I. Accept a Change Order request to install 32 round concrete poles, 30 foot above grade at a cost not to exceed $26,174 at the Tennis Center around courts 1-10 and 13-14. J. Accept a Change Order request to use nine (9) gauge steel core fabric fencing with a six (6) gauge vinyl finish at a cost not to exceed $14,500 at the Tennis Center around courts 1-10 and 13-14. K. Authorize the use of Community Investment Funds in the amount of $2,000 from Vice Mayor McCray to the MDM Foundation Trip to Orlando, FL. L. Authorize the use of Community Investment Funds in the amount of $1,000 from Commissioner Ensler to The Service Corps of Retired Executives, known as SCORE. Commissioner Ensler pulled item VI.L. M. Accept the written report to Commission of purchases over $10,000 for the month of May, 2005. N. Return cash bond of $31,454.50 to Southern Homes of Palm Beach In for the project known as Murano Bay (Bldg. #4) O. Return cash bond of $66,562.10 to Mouw Associates, Inc. for the project known as the Bethesda Hospital Parking Garage. P. Return cash bond of $4,840.00 to Marolf Construction, Inc. for the project known as Steinmart. Q. Return cash bond of $191,840.00 to Edens & Avant Investments, L.P. for the project known as Steinmart. R. Direct staff to prepare the necessary ordinance and procedures to adopt the Arts Commission's Guidelines and Recommendations for an Art in Public Places Program that includes the changes discussed at the Public Arts Workshop. Commissioner Ensler pulled item VI.R S. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $1,000 for the Art Explosion, a program at Hester Center. T. (This item was moved to VI Consent Agenda C16) U. (This item was moved to VL Consent Agenda C.17) Motion 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Commissioner McKoy moved to approved the Consent Agenda items with the exception of those having been pulled. Vice Mayor McCray seconded the motion. Motion passed unanimously. VI.B.2 Award Bid #019-2821-05/0D, "INCA Storm Water Management Improvements and Water Main Replacement Project", to Ric-Man Construction, Inc. d/b/a Richard Mancini Equipment Company, and execute a contract in the amount of $4,130,907.00 plus an owner's contingency of 15% in the amount of $619,636.00 for a total project budget appropriation of $4,750,543.00. (Proposed Resolution No. R05-109) Robert Brown, 701 S. Sea crest, advised the Commission and Richard Mancini from Ric-Man Construction if his private property is affected, he will be doing anything legally or physically possible to prevent the project. Motion Vice Mayor McCray moved to approve item VI.B.2. Commissioner Ferguson seconded the motion. Motion passed unanimously. VI.B.5 Approve "piggyback" existing Bid #05-28537-001, of Plant City, for the purchase of five (5) new and unused 40 KW stationary generators and automatic transfer switches manufactured by Katolight/John Deere. The bid contract was awarded to O's Sales and Service, Inc. of Ocala. The total cost for the five (5) generators is $105,845.00. Vice Mayor McCray inquired what the warranty would be on the stationary generators. Kofi Boateng, Director of Utilities, replied the warranty is five years. Vice Mayor McCray moved to approve item VI.B.5, Commissioner Ferguson seconded the motion. Motion passed unanimously. VI.C.4 Proposed Resolution No. R05-096 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board. a. Authorization for the Chairman to sign the interlocal agreement for the delivery and use of reclaimed water with Boynton Beach, effective as of October 1, 2005. (Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 c. Assignment Agreements for the following golf courses: Delray Dunes Golf and Country Club, Country Club of Florida, Hunters Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge Country Club.(Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Motion Vice Mayor McCray moved to remove items C.4.a and C.4.b from the table. Commissioner Ferguson seconded the motion. Motion passed unanimously. Motion Vice Mayor McCray moved to table items C.4.a and C.4.b to July 19, 2005. Commissioner Ferguson seconded the motion. Motion passed unanimously. C.5 Proposed Resolution No. R05-097 RE: Authorizing the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach to replace trees at Boynton Beach Memorial Park. The project costs are $60,000 with reimbursement to the City through this grant in the amount of $45,000. Vice Mayor McCray pointed out Florida law for cemeteries dictates no graves in any cemetery can be moved even when roots and trees are being pulled. Motion Vice Mayor McCray moved to approve item VI.C.5. Commissioner Ferguson seconded the motion. Motion passed unanimously. D.3. Pylon Interstate Plaza (SPTE 05-002) Request for nine (9) month site plan time extension for the construction of a 29,419 square foot, two (2)-story office building, approved on February 3, 2004 (an extension to November 3, 2005). Commissioner Ensler inquired on the reason for the extension and requested allowing any public comment. Eric Johnson, Planner, stated the applicant had requested the extension to complete financing. Steven Cohen, Architect, indicated the financing is now complete and the bidding has been let out with the intention of starting the project within the next sixty days and submisson for permits on June 27, 2005. Motion Commissioner Ferguson moved to approve item VI.D.3. Vice Mayor McCray seconded the motion. Motion passed unanimously. D.4. Grove Plaza Parcel B (MPMD 05-009) Request for Master Plan Modification approval to convert parcel "B" from a proposed 3,800 square foot bank to a 14,291 square foot office building. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 D.5. Grove Plaza Parcel B (NWSP 05-012) Request for New Site Plan approval for a 14,291 square foot, two (2) story office building on a 1.116-acre parcel in a C-3 zoning district. Commissioner Ensler asked for a status report on the two items from staff. Ed Breese, Principal Planner, stated the applicant was requesting a modification to the Master Plan as well as a New Site Plan to construct a 14,291 square foot building where previously a 3,800 square foot bank had been approved. No one from the public wished to address either issue. Motion Commissioner Ensler moved to approve item VI.D.4. Commissioner Ferguson seconded the motion. Motion passed unanimously. Motion Commissioner Ensler moved to approve item VI.D.5. Commissioner Ferguson seconded the motion. Motion passed unanimously. VI.L Authorize the use of Community Investment Funds in the amount of $1,000 from Commissioner Ensler to The Service Corps of Retired Executives, known as SCORE. Commissioner Ensler stated an individual from SCORE had asked to speak on the item. Paul Margulies, 59 Cambridge Lane, a member of SCORE, the Service Corp of Retired Executives, Chapter 412, stated the group operates independently to serve Boynton Beach by providing small business start up counseling and advice, especially for minority groups. The local Chapter is inaugurating a 13 week course for starting and maintaining a small business and requested funding for scholarships for the forty students. The total funding cost is $3200. Commissioner Ensler commented he had previously committed $1,000 to the program. Mayor Taylor asked if the recipients of the training would be required to pay anything. Mr. Margulies replied if the monies requested were not received the cost for Boynton Beach residents would be $80 per student. Vice Mayor McCray stated the $80 would be reduced with the $1,000 contribution by Commissioner Ensler. Mr. Margulies agreed. Motion Commissioner Ensler moved to approve item VI.L. Vice Mayor McCray seconded the motion. Motion passed unanimously. VI.R Direct staff to prepare the necessary ordinance and procedures to adopt the Arts Commission's Guidelines and Recommendations for an Art in Public Places Program that includes the changes discussed at the Public Arts Workshop. The Arts Commission presented a video presentation on the Art in Public Places Program. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Debbie COles-Dobay, Chair of the Arts Commission, 1062 NW 6th Avenue stated the presentation demonstrated the talent behind the Arts Commission, that is dedicated to developing an Art in Public Places program for the City of Boynton Beach. Mayor Taylor commended the Arts Commission on the work they have accomplished in the one year of their existence surpassing the accomplishments of many other cities in the area. Vice Mayor McCray stated the Legal Department had to review the impact fee per Florida State Statutes. Motion Vice Mayor McCray moved to approve item VI.R. Commissioner McKoy seconded the motion. Discussion Commissioner Ensler asked if staff had any questions before drafting the Ordinance. Attorney Cherof had no questions. Commissioner Ferguson asked the Legal Department to take into account the letter written by Mr. Barretta including his suggestions. Vote Motion passed unanimously. VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A. PROJECT: Grove Plaza Parcel D (COUS 05-006) AGENT: Lution Hill, KMA Investment Properties OWNER: KMA Investment Properties LOCATION: 3920 Hypoluxo Road DESCRIPTION: Request for Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 zoning district for a minor automotive repair establishment. Attorney Cherof announced the matter would be a quasi judicial proceeding, administered the oath to all those testifying on the matter, and gave instructions on the procedure to be followed. Ed Breese, Principal Planner, stated the parcel had been approved as a 11,973 square foot retail building and the applicant has now requested that the northerly 3,500 square foot of the building be converted to a minor automotive repair facility. The bay doors would not face any residential area or Hypoluxo Road. Neither the foot print or landscaping would be changing. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 He stated the minor automotive repair would be tune-ups, oil changes, tire repairs and not engine repairs or transmission repairs. Lution Hill, 2180 Regents Blvd. West Palm Beach, representing the owner of the property, indicated the recommendations of staff would be accepted. Vice Mayor McCray asked if the applicant was comfortable with the recommendation of a one year time frame to pull the building permit. Mr. Hill indicated the permit was already drawn. No one in the public wished to address the issue. Motion Commissioner Ferguson moved to approve item VIII.A. Commissioner McKoy seconded the motion. Motion passed unanimously. B. PROJECT: Stealth Towers in SMU (CDRV 05-008) AGENT: Kim-Glas-Castro, Ruden McCloskey OWNER: Compson & Associates of Boynton, LLC LOCATION: SMU Suburban Mixed-Use Zoning District (Citywide) DESCRIPTION: Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a Mixed-Use project. (1st reading of Proposed Ordinance No. 05-028) Eric Johnson, Planner, stated the Code currently does not allow telecommunication towers in an SMU zoning district. Telecommunication towers are allowed as conditional uses in the recreational, public usage and industrial districts or properties zoned PID, Planned Industrial Development. The property is the former Motorola property that had an existing 80 foot pole telecommunication tower. The intent would be to remove the existing tower and have a stealth facility inside a clock tower in the 6th phase of the Renaissance Common Project. Staff agrees with the request. Carl Clepper, Vice President of Compson and Associates, 980 N. Federal Highway, Boca Raton, FL stated he was present representing the applicant. No one in the public wished to address the issue. Attorney Cherof read Proposed Ordinance No. 05-028 by title only. Motion Commissioner Ferguson moved to approve Ordinance No. 05-028. Vice Mayor McCray seconded the motion. Vote 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 City Clerk Prainito called the roll and the vote was 5-0. C. PROJECT: Urban Commercial Districts (CDRV 05-004) AGENT: City Staff initiated. LOCATION: Community Redevelopment Agency area DESCRIPTION: Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side corner yard building setbacks for parcels currently zoned Office and Professional District (C-l), Neighborhood Commercial District (C-2), Community Commercial District (C-3) and General Commercial District (C-4), located within targeted areas of the CRA. (1st reading of Proposed Ordinance No. 05-029 ) Eric Johnson, Planner, stated the intent was to create an urban commercial district overlay on properties within the Commercial Zoning Districts and within the defined CRA area. The change would have a front yard setback of 5 to 15 feet, side interior yard setback of 0 to 15 feet, side corner yard setback 10-15 feet and rear yard setback defined by the applicable zoning district regulations. This would allow development of smaller commercial lots adjacent or near the newly created MUL and MUH zoning districts. The current setbacks are suburban in nature and the new setbacks would create a more urban zoning district east of 1-95 to compliment the MUL and MUH. No one in the public wished to address the Ordinance. Attorney Cherof asked to table the reading of the Ordinance. Motion Vice Mayor McCray moved to table the reading of the Ordinance. Commissioner McKoy seconded the motion. Motion passed unanimously. D. PROJECT: Florida Public Utilities (ABAN 05-001) AGENT: Christopher Canino OWNER: Florida Public Utilities Company LOCATION: South Side of Old Boynton Road approximately 300 feet west of Winchester Park Blvd. DESCRIPTION: Request to abandon a portion of an unimproved 30-foot wide road. (1st reading of Proposed Ordinance No. 05-026) Eric Johnson, Planner, stated this would be the completion of a right-of-way located within the Wal-mart parcel. If approved, half of the right-of-way would go to Wal-mart and half to Florida Public Utilities. The request is to abandon the 30 foot right-of-way up into the easement. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Mayor Taylor asked who was requesting the abandonment. Mr. Johnson replied it was Florida Public Utilities who currently own the property located off Old Boynton Road. No one in the public wished to address the issue. Attorney Cherof read Proposed Ordinance No. 05-026 by title only. Motion Vice Mayor McCray moved to approve Ordinance No. 05-026. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll and the motion passed 5-0. E. PROJECT: Jeffrey Smith Variance (ZNCV 05-001) AGENT: Jeffrey Smith OWNER: Jeffrey Smith LOCATION: 2525 Southwest 14th Street DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a twenty-five (25) foot rear yard building setback to allow a lO-foot variance, resulting in a 15-foot rear yard building setback for an existing hard roof screen enclosure within the R-l-AA single-family residential zoning district. Attorney Cherof indicated the matter would be a quasi judicial proceeding, administered the oath to all those intending to testify and explained the procedure to be followed. Jeffrey Smith, 2525 SW 14th Street stated he was requesting a variance from the 25 foot setback for a screened enclosure with a hard pan roof. Currently the LDRs are under review to move the setback to 20 feet with an adjustment to 15 feet, which would provide relief to his request. No one in the public wished to address the issue. Motion Vice Mayor McCray moved to approve. Commissioner Ferguson seconded the motion. Discussion Commissioner Ensler stated the notification to Golfview Harbour Homeowners Association was not given because the Association did not have any common land within the radius required for notification. This issue will be reviewed in the future. Attorney Cherof explained the regulations require notice be given to homeowner or condominium associations that own property within the 400 foot rule. In this instance no home owners' association owns property within the area. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21,2005 City Manager Bressner indicated the zoning text change would cover the situation if a homeowner association covers the area, notice would be given, is the intent. Vote Motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Report of Staff on Agreement with Boynton Women's Club. Kurt Bressner, City Manager, stated the issue was before the Commission to determine if the Commission wanted to continue to pursue discussion with the Women's Club for any long term lease arrangement. Discussions began in 2002 and since that time the Women's Club has improved their situation and do not wish to pursue the lease agreement. Motion Vice Mayor McCray moved to authorize staff not to pursue any more discussion with the Women's Club regarding leasing the building. Commissioner Ferguson seconded the motion. Motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) B. Intralocal Agreement between the City and CRA -- Old High School. (7/5/05) C. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (7/5/05) D. Resolution of Need for Heart of Boynton Projects (7/19/05) E. Workshop regarding City Hail/Public Safety Space Needs Report (8/2/05) F. City Manager's Evaluation (October 2005) G. Notification to residential areas of ordinance changes. H. Intralocal Agreement Between the City and CRA -- Boynton Beach Promenade Extension. (Proposed Resolution No. R05-091)(Tabled 5/17/05) (7/19/05) I. Refinancing of 1996 Utility Revenue Bond. (7/19/05) J. Qualifications for Advisory Board Members. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Commission Ensler requested clarification on Item J. to read, "Review allowing a limited number of business owners, who are non-residents, as members of the Advisory Boards." XI. NEW BUSINESS: A. Maximum building heights in Public Usage Zoning District - Hospitals (CDRV 05-012) Preliminary review of request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5 (J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining existing maximum floor provision of four (4) stories. Mike Rumpf, Director Planning and Zoning, stated the request is to increase the maximum building height for a hospital in the Public Use Zoning District from 45 feet to 75 feet to accommodate a Comprehensive Heart Center at Bethesda Hospital. As the applicant's request stated the hospital's infrastructure to serve the surgical center and patient rooms for telecommunications, heating and ventilation, and oxygen running between each floor needs to be increased. Adjacent property is not available for expansion so vertical expansion is required to continue to provide medical services to the growing population. Mr. Rumpf stated the applicant requested only 60 feet but the 75 feet would allow for accessory elements and roof top equipment. Height exceptions in an SMU district currently require additional setbacks with a 3-1 ratio. Kieran Kilday, Planner, representing the hospital stated the hospital was in agreement with all the items outlined by Mr. Rumpf. The heart center is the last planned addition to the hospital. Mr. Bressner asked if the height exception process is done administratively or required additional approval by the Commission. Mr. Rumpf indicated the application would have to include a height exception above 60 feet. Mr. Kilday indicated the hospital had already made application for the exception due to a stairwell that will extend up 72 feet. Vice Mayor McCray commented the Heart Center at Bethesda Hospital will be a benefit to the Community and is long overdue. Motion Vice Mayor McCray moved to approve the maximum building heights in public usage zoning districts. Commissioner Ferguson seconded the motion. Motion passed unanimously. B. Discuss Sister City Representation - City Commission Representation on Committee and City Commission participation on trip to Qufu, China in July, 2005. Vice Mayor McCray inquired if we have a present City Commission member sitting on the Sister City Committee. Commissioner Ensler indicated he is a director and former vice president and has been involved since the beginning of the program. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Commissioner Ferguson indicated he had a problem with the cost for a Commission member to visit the Sister City in Qufu, China and Vice Mayor McCray asked which account would be used. Mr. Bressner indicated the monies would be deducted from contingency because it was not a budgeted item. Vice Mayor McCray asked the City Attorney what would be the benefit to the City to make the expenditure legally acceptable. Attorney Cherof stated the expense could be approved if the Commission determined by motion there is a public purpose. An explanation is needed along with a general discussion of the benefit derived to the City. Jeanne Heavilin, Chair of the Sister City Committee, stated the request was to make the trip a formal delegation to present programs to be done jointly between the two cities. The programs include student participation through an electronic pen pal program with 4th and 5th grade students learning the cultures of the cities. Also, continuation of the young artist competition sponsored by Sister Cities International would be discussed. Ms. Heavilin stated a student teacher exchange would be discussed along with an ambassador program. Additionally the Wheel Chair Foundation will be addressed in the hopes of providing wheel chairs to citizens in Qufu who are immobile. The exploration of exchanging trade between the World Trade Center opening in Qufu and the Trade Center in Palm Beach County includes tremendous opportunity for the City of Boynton Beach will be addressed. Ms. Heavilin further stated along with the Boundless Playground concept Qufu would propose multi-cultural gardens for our area as well. Vice Mayor McCray asked for clarification on the benefit and impact to all the citizens of Boynton Beach. Mayor Taylor indicated all the surrounding cities support the Sister City program and the prior visiting delegation of representatives from Qufu were willing to invest monies for a park and other ventures we would request. The art competition is an exchange of culture for our children to experience outside of the United States. Mayor Taylor felt the economic impact would be forthcoming if the City continues to pursue the relationship. The people of China have been very impressed if an official is present on the trip and it also adds credibility to the delegation. Vice Mayor McCray asked counsel if the discussions had satisfied the legality of sending someone to represent the Commission. Attorney Cherof stated in his opinion the threshold had been met with both cultural and business benefit that would constitute a public purpose. Commissioner Ensler asked if a volunteer on the Commission was available. Commissioner McKoy stated he had communicated with the Sister City Program that he does have the time, interest, and willingness to represent the City in the venture. Herb Suss, Wood Fern Drive stated the program is very important and affords an opportunity to learn more about another culture. He felt the monies to be spent would be well worth the goodwill to be returned to the City of Boynton Beach. Motion Vice Mayor McCray moved to accept the proposal. Commissioner Ensler seconded the motion. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Discussion Mayor Taylor suggested a time limit be placed on the Commission representation on the Sister City Committee so all Commissioners can rotate through and learn more about the program. The Commissioners agreed by consensus. Vote Motion passed unanimously. C. Condominium Hotels in Mixed Use Districts (CDRV 05-013) Preliminary review of request to amend the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. Dick Hudson, Sr. Planner, stated the item is a preliminary review of a proposed code amendment initiated by staff. When the mixed use zoning districts were adopted, hotel and boutique hotels were allowed as permitted uses in the Mixed Use-High district complete with definitions. However, extended stay hotels were not listed as a permitted use. Application meetings with developers have revealed an interest in developing condominium hotels and conference discussions point out they have become a major component in the hospitality market. Mr. Hudson explained instead of a single management company owning the entire building in a condominium hotel, there could be separate and several owners. There would still be a limit to the amount of time a person could stay in the condominium. Motion Commissioner Ferguson moved to approve. Vice Mayor McCray seconded the motion. Motion passed unanimously. D. Addition of a sexual offenders listing on the City's web site. (Item previously added to the Agenda.) Mayor Taylor asked that a listing be established on the City's web site with a photograph and name of sexual offenders that live within the City limits of Boynton Beach. He felt the listing was necessary to protect the children of Boynton Beach. Matt Immler, Assistant Chief of Police, Investigative Division, stated that 41 people are currently being monitored and two of them are actual predators, 30 offenders. The Sheriff's Office is responsible for registration and monitoring and comes to the City to verify addresses and occupations. He stated there is presently a link on the web site to the FDLE (Florida Department of Law Enforcement) web site. Assistant Chief Immler indicated the City is currently working on its own database of sexual predators and offenders with pictures. Vice Mayor McCray inquired if the FDLE already has the listing how far does the Police Department need to go with the listings other than a link. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Mayor Taylor pointed out not everyone knows all the zip codes in Boynton Beach to narrow the search and having the information locally would be more user friendly. Commissioner McKoy stated at the National Black Caucus of Local Elected Officials he attended, sexual offenders and those who attack children was a major topic of discussion. He indicated additionally several cities throughout the State are drawing up an ordinance to deal internally with geographical locations of sexual predators. He would support the same for the City to include all places where children congregate to insure the safety of our children. Assistant Chief Immler stated the Florida State Statutes include a provision allowing Commissioner McKoy's suggestion with the 1000 foot prohibition from places where children congregate for sexual offenders or abusers to live, as a condition of parole or probation. Commissioner Ensler stated he also supports the idea and had asked the City Manager to prepare a map showing the locations of not only the offenders but the schools within the City to include all public, private and religious schools. Commissioner McKoy added parks, movie theaters and any location where children play needs to be included. Commissioner Ensler understood the State law only applies to schools and anyplace beyond that would require an ordinance of the City. Vice Mayor McCray stated if parks, playgrounds, churches or even libraries are included, where would any of the offenders live, especially those attempting rehabilitation. Mayor Taylor stated if all the surrounding cities pass similar ordinances and Boynton Beach does not, the sexual offenders would all come to Boynton Beach. Mr. Bressner indicated Palm Beach Gardens had a map on their web page that was easy to navigate and included the unincorporated areas as well. The page is linked to the FDLE page so the town does not recreate the data or maintain the data. The City's responsibility would only be to code the map and provide the link. Mr. Bressner stated any change beyond the State statute would require a local ordinance and would need to include a grandfather clause to exclude current residents Motion Commissioner Ensler moved that the information on sexual offenders and predators be included on the City's web page and direct staff to prepare a local ordinance. Commissioner McKoy seconded the motion. Discussion Commissioner Ensler asked how the limitations are enforced for new residents. Assistant Chief Immler stated the State Statute covering conditional release supervision prohibits a person from residing within 1000 feet of a school, day care center, park or playground or any other place where children regularly congregate. The Department of Corrections must do an assessment and give approval before the residence is purchased. Vote 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Motion passed 4-1. (Vice Mayor McCray dissenting.) 8:31 p.m. Commission recesses. 8:41 p.m. Commission reconvenes. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-012 RE: Rezoning a parcel of land owned by Knollwood Groves, Inc. from Agricultural (AG) to Planned Unit Development (PUD). (Knollwood Groves) Attorney Cherof read Proposed Ordinance No. 05-012 by title only. No one in the public wished to address the Ordinance. Motion Commissioner Ferguson moved to approve Ordinance 05-012. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll and the motion passed 5-0. 2. Proposed Ordinance No. 05-024 RE: Amending the Land Development Regulations, Chapter 2, Section 8.A.4. to allow carwashes as a conditional use in the M-1 Zoning Districts. (See letter dated 5/20/05 from Petitioner requesting continuance to 6/21/05) Attorney Cherof read Proposed Ordinance No. 05-024 by title only. Herb Suss, Wood Fern Drive, stated the ordinance should have the location stated as Congress Avenue behind Golfview Harbour so people would know where the carwash would be located. Mr. Suss felt the Commission should listen to the homeowners and make Congress Avenue a main thoroughfare to be proud of as a grand concourse. Patti Hammer, 52 Stratford Lane, compared the 1700 signatures of those opposing the carwash to the number of votes each of the Commissioners received from their individual districts being less. She stated a traffic fatality had already occurred at the u-turn in front of the school and the safety of the children and elderly in the area should be considered with the increase in traffic. Ms. Hammer also felt the Commission should listen to the homeowners in the area. Gerald Broening, 820 North Road, stated the issue is not a specific carwash but an M-1 district zoning, although there is a permit pending. Mr. Broening felt a carwash as a conditional use would be preferable to other permitted uses in a M-l district. He pointed out carwashes 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 do not necessarily carry a negative connotation and have become very respectable, good looking facilities. Mike Morell, West Palm Beach, representing Christopher and Linda Chiodo and Christopher and Natalie Maloney, stated the Chiodos and Maloneys live within Golfview Harbour and presented 400 more signatures to be made part of the record. Motion Vice Mayor McCray moved to include the list of signature as part of the record. Commissioner Ensler seconded the motion. Motion passed unanimously. Mr. Morell stated his clients were requesting the matter be denied based on the conditional use criteria of the existing Land Use Code not being proven sufficient to protect the neighborhood. He pointed out the criteria was designed to protect compatibility with adjacent properties within an M-l zoning district, but he felt the criteria was not strong enough to protect adjacent and nearby properties within the adjoining zoning districts. Mr. Morell stated the required criteria is whether the proposed change would be consistent with the applicable Comprehensive Plan. His position was the project was inconsistent with Land Use Goal one to minimize land use conflicts by maintaining the character of the community. He stated Policy 1.6.1 provides zoning regulations that may prohibit certain uses and he requested the Commission keep it that way. Objective 1.17 of the Land Use element required the City would minimize adverse impacts to the general public, property values, resources and the environment by preventing or minimizing land use conflicts. There is conflict with the proposed use. Mr. Morell stated the carwash would be an around the clock operation and not eight to five, being an intense use greater than the existing industrial uses allowed and create a safety hazard. Lighting and noise were also indicated as concerns of Mr. Morell's clients. Pictures were shown illustrating full service carwashes throughout the Treasure Coast. Attorney Cherof asked if any of the carwashes depicted were conditional uses as opposed to permitted uses, and Mr. Morell was not able to provide the information. Mr. Morell also explained the traffic flow in the area and suggested the carwash would create dangerous traffic congestion. He felt the City had a sufficient number of carwashes and another carwash was not necessary. Vice Mayor McCray inquired how many crossing guards would be present at Crosspointe Elementary. Mr. Morell stated two crossing guards are present. Vice Mayor McCray stated he would prefer the correct information be presented. Lee Wische, 1302 SW 18th Street, spoke as a citizen and as Chairman of the Planning and Development Board. He indicated the proposed carwash is not self service and would not be open twenty-four hours a day. Mr. Wische reminded the Commission about the lawsuit involving Tradewinds and the denial of the developers right to build. He stated the Commission should vote on the issue and not on the public sentiment. Linda Chiodo, asked why Mr. Wische and Mr. Broening were concerned about putting a carwash in her neighborhood changing the complexion of Congress Avenue. Michael Weiner, representing Mike Poledo, established through questioning of Mr. Rumpf that conditional uses can limit hours of operation, photometrics plus signage. He also stated 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 changing ordinances should be based on good land planning decisions and the recommendations of staff. Mr. Weiner stated the burden of proof for the applicant was met based on staff's recommendation. He concluded the Congress Avenue corridor can be controlled using conditional use projects and the carwash should be included. Natalie Maloney, 1460 SW 28th Avenue, stated she has resided in Golfview Harbour for two years and put a large amount of money into their house, but her concern is the safety of children at Crosspointe Elementary. She asked why the carwash was necessary at that particular location. Mayor Taylor stated the owner of the property submitted the request for a carwash. Christopher Maloney, 1460 SW 28th Avenue stated he did not buy and renovoate the property to hear the carwash with jet engines at night or on weekends, plus the additional traffic flow and increased noise. Michael Weiner, representing Mike Poledo clarified his first remarks that residences and carwashes can coexist without problem and increase in value. The traffic generated by a carwash has been presented at prior hearings. Those hearings also revealed the possible noise levels to be generated by a carwash. Mayor Taylor disapproved of the threatening nature of scare tactics being used. He pointed out 2000 people had indicated they did not want the carwash and the Commission should take that into consideration. He felt the request was spot zoning and would not support the change. Commissioner Ensler inquired if there was a request pending to build a carwash in an M-l zone at the proposed location. Mr. Rumpf indicated an application had been submitted for a carwash at the subject site being discussed. Commissioner Ensler felt it was obvious the change was requested for the pending application. He did not support the change and also felt the many people who signed the petitions should be considered. He further inquired of Mr. Rumpf if he still recommended the design standards for M-1/PID uses abutting major arterials should include this carwash. Mr. Rumpf indicated he would not oppose the change. Commissioner Ferguson stated the attorney's remarks were site plan review issues. He also cautioned that this issue was similar to the Tradewinds development. Mayor Taylor took exception to Commissioner Ferguson's remark regarding Tradewinds and Commissioner Ferguson took exception to Mayor Taylor's comment. Commissioner McKoy stated most of Mr. Morell's comments dealt with site plan issues and the conditional use would resolve many of the design issues. He felt it was important that the citizens have appeared and voiced their opposition either in person or by signatures. Commissioner McKoy felt for the sake of progress along the corridor the Commission should make a sound decision on the issue. Motion Commissioner Ferguson moved to approve Proposed Ordinance 05-024. Vice McCray seconded the motion. 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Discussion Commissioner Ensler inquired if the motion included staff's recommendation for design standards to be established for M-1/PID abutting major arterials. Commissioner Ferguson stated only with the amended language, prepared by staff, to provide additional safeguards in implementing this amendment as stated on page four of the backup. Mr. Bressner indicated the standards do not exist at this time. Attorney Cherof indicated the standards do not exist and the amendment would not be appropriate. He explained the Ordinance could be amended to provide design criteria but must be specific and not speculative. Vote City Clerk Prainito called the roll and the motion passed 3-2 (Mayor Taylor and Commissioner Ensler dissenting.) 3. Proposed Ordinance No. 05-025 RE: Adopting the Future Land Use Map in Geographic Information System (GIS) format, pursuant to the requirements of Chapter 163.3177(6) (a), of the Florida Statutes. Attorney Cherof read Proposed Ordinance No. 05-025 by title only. No one in the audience wished to address the issue. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-025. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll and the motion passed 5-0. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-023 RE: Allowing a maximum building height exceeding forty-five feet in height but not exceeding seventy-five feet in height in a PID Mixed Use POD, providing application for building with a height exceeding forty-five feet to be processed as a conditional use. (Quantum Park MU Height) Attorney Cherof read Proposed Ordinance No. 05-023 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-023. Vice Mayor McCray seconded the motion. 28 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Discussion Commissioner Ensler stated he had met with Mr. Thomas McGillicuddy and Eugene Gerlica on Thursday morning. He asked if the height exception would apply anywhere else and was told the two remaining properties are industrial in nature. Staff indicated the SMU ordinance should be used as a guide. The Ordinance states building heights between 55 and 75 feet may be allowed for interior buildings only, plus other items relating to open space and landscaping. Commissioner Ensler stated the applicant has made a site specific request for a particular piece of property to build over 45 feet would be spot zoning and had not met the requirements of the SMU. Commissioner Ensler stated he was against spot zoning, against not meeting the height/slope requirements and not meeting the rest of the SMU Ordinance created to ensure residential properties are developed in a logical and intelligent way. Eugene Gerlica, representing the Quantum Group of Companies at 2500 Quantum Lakes Drive, stated the reality of the request is to allow a five story versus a four story building to build 16 additionaÞ luxury condominiums rather than 16 additional two or three story townhomes in a site plan reviewed by the Planning and Development Board on June 28th. Mr. Gerlica indicated he was a licensed professional engineer in the State of Florida, involved with Quantum Park since 1998 and instrumental in all amendments plus the development and planning of Quantum Park. He is also a member of the Quantum Park Board of Directors, Supervisor on the Quantum Community Development District and a Member of the Architectural Review Committee further qualifying him to express an informed opinion. The PID code allows for mixed used PODs within a PID, if the PID is greater than 500 acres, the only one in the City of Boynton Beach being Quantum Park. Only two lots are yet to be developed and the POD in question consists of 14 acres. The request would allow for a higher end condominium park within the Mixed Use areas of Quantum Park. Mr. Gerlica stated the largest vacant land owner in Quantum Park is the City of Boynton Beach. The code revision is limited in its effect, not spot zoning, but giving Quantum the ability to improve the project. The checks and balances are present for the Commission and staff to preview everything being proposed. The open space is an issue and the objective is to provide common, open plaza gathering areas in the mixed use PODs exceeding the SMU requirements with nearly 27% open space. This code change will maximize or optimize the vesting and tax base. Mr. Gerlica requested the changed be approved because staff recommends the change and the Planning and Development Board recommends the change. Commissioner Ensler corrected his comment stating the PUDs he referred to should have been PODs within the Quantum District. He also asked if the developer would be willing to accept all the requirements of the SMU ordinance. Mr. Gerlica replied the setback requirement would not be possible. Mike Fitzpatrick, 175 SW 2nd Street, requested permission to speak. Mayor Taylor granted the request. Mr. Fitzpatrick read a letter he had written to The Palm Beach Post that was not published. The letter is on file in the City Clerk's office. The letter expresses Mr. Fitzpatrick's opinion regarding the Commission's previous vote and current issue suggesting the Commission may be corrupt. Commissioner McKoy assured Mr. Fitzpatrick there was no corruption in anything he does. 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Commissioner Ferguson stated, as a point of order, that any person making impertinent or slanderous remarks could be barred from further audience before the Commission. He asked the ruling be invoked. Vote City Clerk Prainito called the roll and the motion passed 3-2. (Mayor Tay/or and Commissioner Ens/er dissenting) 2. Proposed Ordinance No. 05-027 RE: Requesting a new thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL) providing for the payment of fees to the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City, free of competition from the City of Boynton Beach, pursuant to certain terms and conditions. Attorney Cherof read Proposed Ordinance No. 05-027 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-027. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll and the motion passed 5-0. C. Resolutions: 1. Proposed Resolution No. R05-092 RE: Approving a contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. Attorney Cherof read Proposed Resolution No. R05-092. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R05-092. Commissioner McKoy seconded the motion Discussion Vice Mayor McCray stated the maps needed to be done due to annexation of parcels into the districts. Vote Motion passed unanimously. Dr. Dario Morena, Florida International University, stated he was available to answer any questions. Commissioner Ensler inquired how population was determined. Dr. Morena stated 30 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 there is a strict legal standard, being the 2000 Census; however there is a vast difference between municipalities and congressional districts. The municipalities can have a deviation of 10% from the most populated district to the least populated district. The standard would be to make as little change as possible taking into account shifts in population. The 2000 census would be the base, but other modifications including building permits, census updates and statistical models would be used. 2. Proposed Resolution No. R05-107 Re: Approving issuance of a "Notice of Intent" for conducting a planning study and possible changes to zoning and development regulations applicable to those properties located along the west side of N. Sea crest Blvd; between NW 3rd Avenue, and NW 8th Avenue and currently zoned C-2, Neighborhood Commercial. Attorney Cherof read Proposed Resolution No. R05-107 by title only. Motion Vice Mayor McCray moved to approve Proposed Resolution No. R05-107. Commissioner McKoy seconded the motion. Motion passed unanimously. 3. Proposed Resolution No. R05-108 RE: Approving the Revocable License Agreement between the City óf Boynton Beach and the Lake Worth Christian School for the use of City land by the School. Attorney Cherof read Proposed Resolution No. R05-108 by title only. He further explained there were two issues to be addressed; the term of the agreement and the amount of license fee if any. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R05-108. Commissioner Ensler seconded the motion. Motion passed unanimously. Attorney Cherof asked for a supplemental motion setting the license fee and the term to be either five years or a greater number, if appropriate. Motion Commissioner Ferguson moved to approve a five year term with an annual fee of $1. Vice Mayor McCray seconded the motion. Discussion William Jacobson, representing the Lake Worth Christian School stated the School would like the license to have a long term basis and a minimal fee. This would be an initial five year term with an automatic renewal unless the school does something untoward or the City requires the return of the property. Commissioner Ferguson stated the motion is for a five year term and a fee of one dollar a year to be reviewed. 31 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Attorney Cherof stated the license agreement does provide early termination by the City and would be renewable thereafter upon mutual consent of the parties. Commissioner Ensler asked what improvements were anticipated on the land and the cost of the improvements. Mr. Jacobson stated the intent was to create multi-use athletic fields with a soccer field and baseball diamond. The cost to the school would be in excess of $1 million on the improvements to the facilities, plus funds to change the infrastructure. Vice Mayor McCray asked if the facilities would be open to the public when school is not in session. Mr. Jacobson indicated it was a private facility being used the year around. Commissioner Ensler asked what the terms of the previous lease were and Attorney Cherof stated there was no prior lease. There had been an abandonment by the City. Vote Motion passed unanimously. D. Other: None XIII. UNFINISHED BUSINESS: A. Possible adaptive reuse of a closed landfill site owned by the City adjacent to the Boynton Links Golf Course and authorization to apply for a grant from the Treasure Coast Regional Planning Agency for a landfill feasibility and environmental report. (Tabled 4/19/05) Commissioner Ferguson moved to remove item XIII.A from the table. Vice Mayor McCray seconded the motion. Motion passed unanimously. Commissioner Ensler asked if the study was limited to whether building would be permitted on the land and then the balance would include how to use the land. Commissioner Ferguson agreed. Vice Mayor McCray pointed out the request was for a feasibility study to get the grant itself. Motion Commissioner Ferguson moved to approve authorization to apply for a grant. Vice Mayor McCray seconded the motion. Motion passed unanimously. B. Blake's Towing & Transport, Inc. - Exclusion from towing rotation list. Michael Weinstein, legal counsel for Blake's Towing, 1399 SW 30th Avenue stated the Company has been in business since 2003 and submitted a vendor application form in the bidding process for towing services. In March, the Commission approved six out of eight 32 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 proposals based on the Request For Qualifications (RFQ). The evaluation committee in December of 2004 determined all eight RFQ's were responsive and could participate in negotiations of the rates. Mr. Weinstein stated Blake's Towing had filed all the paperwork as required. At the Commission meeting one of the companies, Professional, was excluded as being outside the City limits. Mr. Weinstein stated Blake's was excluded for no apparent reason. They applied for the "A" and "B" contract, but not the "C" contract since they do not have the equipment required for "C" tows. Mr. Weinstein requested the Commission take another vote and allow Blake's to be part of the City's tow rotation. Mayor Taylor stated a question had arisen if Blake's had the proper equipment for Class "B" towing and is the equipment owned by Blake's Towing. Mr. Weinstein stated Blake Towing had the required equipment as listed on the RFQ, and does own the equipment. Mayor Taylor also inquired about the size of Blake's facility. Jason Blakely, part owner of Blake's Towing, stated the inside storage was 2600 square feet and outside storage for 50 cars. Vice Mayor McCray stated he had the minutes from the previous meeting and Mr. Katz had indicated the flatbed truck used by Blake's Towing for Class "B" tows would be unsafe. Mr. Blakely stated the RFQ indicates the flatbed is an elective and he has two flatbed trucks. Steve Beck, Beck's Towing and Recovery, 410 NE 5th Avenue, stated the Class "B" is for the fire rescue trucks used by the paramedics and a wrecker with an under reach, not a flatbed is needed. Jason Blakely stated the RFQ issued required two Class "A" and one Class "B" trucks and specifically states the Class "B" can be an elective flatbed or slide back. Mr. Beck stated the City towing is done at a very discounted rate and having a company on the rotation that can only do Class "A" tows will further decrease the rate. He stated Blake's has already called his company to do a Class "B" tow. All the other companies on the rotation list have the equipment to tow the fire rescue trucks. Mr. Blakely reiterated the fact he has all the required trucks according to the RFQ. Mayor Taylor specifically asked Mr. Blakely if he felt a fire rescue truck could be towed on a flatbed truck. Mr. Blakely stated a fire ambulance could not go on a flatbed, but he does have a ten ton wrecker. David Katz stated the decision is ultimately with the Commission that previously felt it was better for the City to remain with the six companies who have served the City for many, many years. Mr. Blakely stated his satellite facility is within the City limits of Boynton Beach on Industrial Avenue and meets all the requirements of fence height and barbed wire that had been obtained prior to the RFQ for the subsidiary occupational license. Commissioner Ensler asked if the Commission could select any number of towing companies. Attorney Cherof indicated yes. Vice Mayor McCray inquired what harm would there be in adding another company to the rotation. 33 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL June 21, 2005 Motion Commissioner Ferguson moved to add Blake's to the rotation list because they do satisfy the requirements of the RFQ. Commissioner McKoy seconded the motion. The motion passed 4-1. ( Commissioner Ensler dissenting) C. Reconsideration of Towing Contracts. Attorney Cherof stated the matter is for reconsideration due to the fact the County had not acted on their rates which would be lower than listed on the amended document in the agenda package. Clarification by the Commission was requested before the amended document was sent to the vendors for signatures reflecting the rates as adopted by the County. Motion Commissioner Ferguson moved to approve the amended document reflecting the new rates. Vice Mayor McCray seconded the motion. Motion passed unanimously. Commissioner Ensler stated some of the comments directed to Vice Mayor McCray and Commissioners Ferguson and McKoy during the meeting were unfortunate and he expressed the hope they would not be permitted in the future. Mayor Taylor stated the comments were made by a member of the Fire Union that also makes contributions to candidates in the City. He felt the Commission makes decisions based on merit and the comments were unnecessary. XIV. ADJOURNMENT: Motion Commissioner Ferguson moved to adjourn the meeting. Commissioner Ensler seconded the motion. Mayor Taylor adjourned the meeting at 10:31 p.m. CITY OF BOYNTON BEACH ATTEST: -- J::ner ~ L_ ~ Commissioner 34 I;' (,'fy L~MJ~ Residents and property owners of 8oynto"n 8edch, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS ~ CJII Jo9-f(.y.\ M-a ','-I fi 2. \ L71 ' ~r {:;:.!td 3. Ii. ( \ Lit~, ~\ 4. l) . l{.\>~z. rt; D~ fcJ~lc rJi /qqt II/! tJ4 ve, ~ ~ \. ptJ ~ 41'L{!;'l~ ~p 17. 18. 19. 20. 21. 22. J~ r;, {i-+-vj l(~lfr " Residents and property owners of Boynton Beach. FI who are against changinR the proposal to allow Car Washes in M- 1 Zoning. (May / June 2005) II NAME SIGNATURE ADDRESS - 17. 18. 'i^ Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M- 1 Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 11 t, It i1.- VZ- ~ Lt l{, ~t- l-t.. t, t..t: 1.1.- I.ot \{ Yl l-t I? 1 ~ k ~ U ~ ''1 1.4 Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS lit f.{ h "t \1 \1 [\ II k' Lt It I( u it-- ~ l( "t Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE 1. 2. '.1 C )/&55 '(7 3. . , [j VlC( 5c1o"10/\ 4. B.JJC\, A,v / I 5. f1 ~~? 6. ADDRESS , f1 If-f' 't1 1/ u t/l,- .Jt, tt ~ C( It[ (/J '1 1 11 /i 1--\ it vt 1,1 1-( tt 't 1/1 t{ 11 L.t ~ LI[ tt. v1 it U Yl '14 1.( u Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M- 1 Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1 e/ Mr. & Mrs. Fred Mechanic 2 4735 NW 7th CtApt 136 . Boynton Beach, FL 33426 11 t/ H 0 l.t 1 l1 k 1tI "'f L-t "t. l.t l..( 4 k It ~ (..../ Yl I.-t ?t tt q }t- i/ f1 u i.-t. k vz vt 1,( ,~ VI "\.{ ft tt z.t. i-( 4~~ Ii tr fry elf- '1 i, VP1: fr. Residents and property owners of BoynTon Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May /June 2005) NAME SIGNATURE ADDRESS 55$ 6p,s--~ ~1 ~tlp!l .-- ~::> \..\ '":::>~ 5 ft..( ~L'; {lA' :J 2-~ S ,F. 5 (t- I. ) / b7 ~ 9' 37t J/J11 tiy!? (t/J;iie 22. '~'\ " --... .~-- - - .- --, .. fry ("j. i,,,,,:fr. Residents and property owners of Boynfi)/, Beach, FI who are against changing the proposal to allow Car Washes in M- 1 Zoning. (May / June 2005) NAME SIGNATURE ADDRESS G er /'UpczA (.).( fIt L j)~ - 5. & ( I $- tV t!v 8 ih C -I C1':>f/,<./n:::;JV I5 ~",c '" ;'~. III {)-Iv &, ""l. Residents and property owners of Boyntdn Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1. 2;"~1,- I 35 /~ C/~ if ttJ '/f Residents and property owners of Boynton B..each, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1. 2. 5. 5 ~ /J LCt2Z('f fY,k.~~ r 6. -J ({ ~ 1)0- ~J /I7'~"~ 7. I3.B s 136 l Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1. 2. ~ Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1. , .. Residents and property owners of Boynton Beach, FI who are against changing the proposal to allow Car Washes in M-l Zoning. (May / June 2005) NAME SIGNATURE ADDRESS l'-;l!t'/lftJAN 2. ~vfZL;'t() ~ r-3(~ ~ N~~SIv1t<._(] ct; 0..."'5 =J45 3sJ~ C~( J<-.lSy 33 ~ 8. 9. 10. ~ No~ 11.).... . VI E 1~ 1\lA 13. '" t 9"7 ;57 It.. j.JA uSS [Ar!i<;.rb't ~2. ~,E 3"3435 ~Z ,5t.JJ-J'-rcc~ff6t5-~y: -6 \n CilLf h rwts. Residents and property owners of Boynton Beach, FI'ho are against changing the proposal to allow Car Washes in M- 1 Zoning. (May / June 2005) NAME SIGNATURE ADDRESS 1. 6. J4 In C;,<..\ "1~) Il~-<'-::? Residents and property owners of Boynton Beach, FI who are against changing , the proposal to allow Car Washes in M-l Zoning. (May / June 200.S>(CiT'-J L\~' \:S NAME ADDRESS t \ {?.. Petition against proposed change in zoning to allow car washes in M-1 Zoning. Please sign name and print name. Name Address ;1'11 i h,)A\ (~\-fh:~' ~~\ \9,~ ~\.J J-.~}\\- ~L l'c\..~ i:'tt.. C~l' (Alt.n.;. (:-3l\ ~ v-J 'J--r ~ _>4-v-c fI !",12 Y L ~ e. lI/I/J&tiJ. Y ''2..17-. ~ '),tv / & IF 5 r I)"" r~~"i f~.L ~I "5\.1/- b ')"1 '. ,) BD'('-'lo- G ~) A . ~~4-2.~ /!;t1-J,J.:. I /1 ~~ Petition against M 1 zoning change to allow car washes. Name . . ^ UZJ \ Address rJ LC'i{fJvc / lJY ') ": ,) f~7, 2 f}1-(/'"tN' (3,v jiU ) J y";: ..~~ j~ . /I (//~~ . ~~d; _'i'~.,f"dC: "cJW1f4<, J:'~~7J~~Alj~3~ ;:~,4c.1 J37'~6 ,. ~'TJcJ' C:C~'T d ut~.? I. a I~(I yJw /~/I ~~J1t .3J1I~ a~Na:i:cJ, II (I (I / ( /( // '1t{~ j;LfJcv~ IS/O feu ~ If-j&rCnukJ.>f) .~ ~ L.. .IJ J // I -33'15- /. ~ 5c.; Lf Ii/v.! /] F- f'/(/y~ /,)c,-vh.. ) J If 1) J ell (! e atJ€. /tJ fo N;e ,fI;1J Sf T3o'f/l1v'1 Bel.. 33<( 3'- /h~ tU~ //K~ V,V{) :Z""4-yl3~IdF/q, 3:W3~ ~ J1:~h/ S-~2-2- fJ~,6 ~ ~ j3~ ~ ~ /O()33D4-~')Afl /14n'e / pv77<nI /2ePK-.lt ~/;~0' /do}} ~/'~J3~JU; (1o~/' ~~(:;~~) .5d(f /'I ~hV500.r ~/V. /..?oy/V/d-</ ~.. ~ ~"\.~ .~ L :::, '2:, w ,'ttJ -A:v e. ~lbl\ 'B:Vl \=l . ., ,~..O iJIul r" · C J. - d... J~/J0. il - ~34:::,s ./1MJw.Z qM~. JI-(91,A~-rr . ~3V9 -------------------------------------------------------------------------------------------------- Petition ofGoltView Harbour Residents against change in M-I Znning tn allow conditional use carwash. Signature: Print name --.:D 0 L l S ..s' fl-EfC l 'Dt4 f.J Print name: )o~vv S'f/2:/r Oi't!! Signature: I C..L Address: 3:,) S .J C Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 '--------------------------------------------------------------------- Petition of Golfview Harbour Residents against change in M-l Zoning to allow conditional use carwash. Signature:~ ~_ Printname (J.bfdv,)i.('<v Signature:W J;efy ~Print name:flfIf\Jk ltvAPP Address: 0 4 S ;) L Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ------------------------.---- --. ------------------ Petition of Golfview Harbour Residents against change in M-I Zoning to allow conditional use carwash. Signature:~ ~~ - Print namti:Ys_....- .-/ Signatur'ea~ ~ L Print name: Jtw....5 Address/Jdo suJ o?r Please drop in mail box at the Cluj:> ouse or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 /, /Z.q ,,:, .^-' S ~ / ~ /~ VP,.v.Jk, ' .. , -------------------------------------------------------------- . Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: Signature: _ I rltL-Lr l" ~v~LL< +\L~ ) S,5t2G , ., ~,-... , t L.J' . ------------------------------------------------------------------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: ~k~'-. ~~ Printname ELS>,c LA..iil.2-'lLlo~ Signature: Print name: Address: / :3 -3 I ~ I<.J. O?.;; Ii- A {/ ~ "#tf V AJ TIIJ 'i3t!..Il.j l'::l. ::3 j Ij~ Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ----------------------------------------------------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: J.../ /) 7 l M /fd. (--0 1// .rz:.-f' / Signature: frL.L-W J', ,ttf/htc.o t/;TZ(.? Address: J r:> s- . vJ '25 -tJvI e l h '7,.,,) ,1J~ Bell. .i-::t...._ .r f .,..... .2-...( Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M -1 Zoning to allow conditional use carwash. Signature: ~ ~ ~rint name '/ V l) vi n.. e. v.; 11 1..1< e.. t<, Signature: Print name: Address: S'. l to f J,. & ~ Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signatme: t??,~ Signature: ~__ Address: 7/255?u 27 A-W;JYVE 68? h- 33'-12& Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Print name S~ Bfl,/?7//L Print name: $fltu &/2:17 k ----------------------------------------------------------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: .- Print name k'f l tL C S (, ~, Signature: '/' , . . Print name: ~e-lcu S:'j00<'e...- Address: 2 S <'2 :s ~ \ S ,," ~b'f"'''''< D '- ~ 'fi <)) '\ L lo Please drop in mail box at the Club House or Mail to. Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: Print name /'Cell C~ {) r-+tllIfJ Signature: Print name: ~ D..B f fJ 11 Jl (LL f ~ f2 Address: O~ . <5w 'Sih ~ VClIct.._ Ox n-tt)n &h n .36l1 Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 -------------------------------------- --------------- Petiti on of Go ItView Harbour Residents against change in M -1 Zoning to allow conditional use carwash. Signature:~Y'J ~ Printname tJ.eQVlO'f ~. tvlYQ n- Signature: -------- Print name: ___________~ Address: 16 13 5, ~J ;2~'-1- Ploc E' c;:" \ ~ l e.,., \~bcw- Please drop in mail box at the Club House or Mail to: "'\ "'("'-'t Natalie Maloney, ] 460 SW 28" Ave, Boynton Beach, Florida 33426 ------------------------------------------------------------------------------------------------------------ Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signatur~ c'Lf1# Print name rE'r?t-C2., CA-~,D.E L L- Signature: Print name: Address: /3~1 S~W, 2 S- {)/I}~ Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ----------------------------------------------------------------------------------- Petition of GolfView Harbour Residents against change in M-1 Zoning to allow conditional use carwash. ~'/ /'~ Signature: ~ . // . f - /'h. ) ~- C Signature: 1\. v- Address:-J340 J'l.0 o1(P-~ Ave ffi1t':h~ Please drop in mail box at the Club Hcuse or Mail to: Natalie Maloney, 1460 SW 28th Ave. Bovnton Beach, Florida 33426 Print name Print name: J1o,tJ Jv1()r~rr'\. bM Ii", t{dht/?,A.- ,eeac1, "FL 33~Co .----------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. .,;. PrintnameLe~,~.. J C-VCl.,J"'-V Print name: ~5'4.,$1"-e 4~~ Address: /cJ/:T ~'T::r<~. ,6S:-ef. ff..:J.:3~ Please drop' in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ------------------------------------------------------------------ Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: Print name Signature: Address: t> Please drop in mail box at the Club House or ail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: ~ l Signature: ,Y Address 1,&.2& e 5 OJ d{!!- ~ , ~ \5d. I Jr. .33 f?-!, Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 )).p~ / Print name"l? ockil e.. 1), P cdler Print name: Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: Print nam~Uc., W( Signature: Print name: :)("071 h IJtL Address: 134 510 M 6vh 1133YciJ? Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ------------------------------------------------------------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Print name /;;-fA/'~ {)~I f/(?lJz: ^ / /1/ . /. -1.ROnl. ~ //10;// K d Address: ':3' [;uJ Zd> t:!t 3'~yLZ6 Please drop in mail box at the Club House or i1 to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: ~jlM PrintnameL,-:-/:IJ(lKd" ~S~ d ~ ~~ i . J ~.... /1 , Signature: ~A:J~ [) Print name: ~!.u<t ::;. 0t'S~J /1') ~ 2 ,A. Address: ~) b / "J. tl.5 ~ - / ff .l3',t',L2({ Please drop in mail box at the Club House or Mail t . Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: ~ Printname ~Lk h-~ Signa~ 1?L~~name: L/A!/J/} /'f~T70(!K.s Address: 2 rlSl 'w /L( ~} t, 1n-, ~ 3 Please drop in mail box at the Club House or Mail 0: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Petition of Golfview Harbour Residents against change in M-I Zoning to allow conditional use carwas Print name 1e t) I se, /vi t I /f7 ~ Print name: A- ( a n V1 t / / ~ I!- Address: .;2 S "3 "6 S w...J I ~ <, 1- 1::.0 'fJ Vl10 h ']v;;CLe- h r-/ Please drop in mail box at the Club House or Mail to: '"3 ~ '-I ;)...../0 Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 Signature: Signature: Petition of Go1fview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signatur~~ Signature: Print name;Zje; I/Li,( c& ~ 7 Print name: Address: lie; 7' 5"?./ 2 J-I h 14v-e- Please drop in mail box at the Club House or Mail to: Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ----------------------------------------- Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: (9 I1!~~k ~ Print name GI l.--l2 fJ"- IE (EJ k-/Itr.- Signature: ~,V\,O (3,vv-- Prix, name: <:)7FPHF/J A. CEAJklLJr(. Address: 95'q.J- ~ ~(O{S J1" P B t2 '~fr2b Please drop in mail box at the Club House or Mail to: ) Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 ------------------------------------------------------------------------------------------------------------ Petition of Golfview Harbour Residents against change in M-1 Zoning to allow conditional use carwash. Signature: Print name 11,,, '/ h-tt4. ' Signature: . Print name: Wl ~ \ \ Address: ~/5 ~w /3'11. Sf. 7373 T! 1112.,(, Please drop in mail box at the Club House or Mail to: ' Natalie Maloney, 1460 SW 28th Ave. Boynton Beach, Florida 33426 e si !. I i", ii'5 i;o ';0 1 1 152 i . !. 10 fciGH RIDGE ROAD . ~-_"/L______.l-____._______.___._______._________+-__ , I I ! Cl I:=;: !~ 16 !~ !~ 1:'< 10 IOJ IOJ ice j< iO ewes SITE i 0 , I , ~---';L--'------'--i=-g5----------'-------'---'-I--- i I i j I i LY_ j ~jl 1-1!2"RE$ILlENTffiACK$URFAC, HOT PLANT ~~~~~~~, C8~Rf.:: 1 ~~.. 2tNr J1~g~'W'3~GR~~~CRETE ON MINIMU"-I 6" COMPLACTED AGGREGATE BASE . -.:!""-!. ------- 120 vAAll ~ ijojf IIIAI'X 1 e / -- TRACK -L. LOCATIOI'. 1""'4.-" I'RClf'OED TRACK __till ~OT VICINITY MAP GEDARRlDCEAPUO'" HIGH RIDGE CQI,I'-IERCE PARK,APJD (P,S. -Hi, PGS, ~-61) r~~~TJ.."-'-rno::f^, CEDAA RIDGE ESTATES (P.B80.PGS_28_J2) ml-. /'~~"''' J", -. j, In ~ \'--~T~."""'AT SOCCE~ "'0 -~ _._____________________.___________.___._.-B.~~~~_~~~_~________________._.___._____._._._______.___._______.___._______.___ =:t;:;~Bt'.iNlO - - ffi6l+ - .RtOOE-. - .-ReJIdT. '-f'r-- . "~I ~~=/)'r I - ~ I ':::jr- I I ,,,1- ~, , 3~ 'II U5i II ~ D I a~~ ili ~l~~ iJ r Il i~T~ Jk" I'~ \ll~, ,.~. II II lilt _._.____._.___._____________________.____~1~~?1~~_~___________._______________________._______._._______._.___._______.___ -)> ! - .!.. 0'1 Iii: ! ~~ig~~EI~1 ,li . 'I i ARCHITECTURE + PLANNING 422 NORTH DIX,[ HWY, LAKE WORTH, FLORIDA 3.3460 (561) 582-5622 FAX (561) 582-562J ~IC ~AA C001716 ..meil kimCl<d-erc~i\"'ct.ccm KIMBERL Y A. DELLASTATIOUS, PA um__atllCL ___PLM_~ ATHLEllC COMPLEX --- -~...- eo o~ Ii; ~g ~ ~~ " ,'j \ I \ \ \ i I I I 1 I \ Page 1 of 1 e Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System --'I : , ooto 0000 ~1 Seerch Parcel Details I -,.1 ! Owner Information , ~1 02lI0 01110 0100 peN: 12434621010130330 ~ Name: PENNACCHIO SCOTT J. ~ 02M ocation: 400 SE 711f ST ! Mailing: 400 SE 711f ST DELRAY BEACH R. 33483 4456 -~- -----. oo~o ~ 2004 Assessments I Market Value: , Assessed Value: I Exempt Amnt: + 00.10 01til11 Taxable: 2004 Taxes , Ad Valorem: I - -j Non ad valorem: + 0000 Total: 0100 i Sales Information lI200 Sales Date 040 0261 Feb-2004 5ep-2002 Jun-l99S ---I 11210 J8O-1979 i 0271 Jan-1978 ooto -^""1 !)25(Jo D2;3.I} ~1 Legend D P8rcel Bomd8ry 11121 I lot nurmer Palm Beach County Property Map Map Scale I: 1683 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 6/21/2005 from PAPA http://gisweb.co.palm-beach.f1.us/ipapagis/presentationlmappinglprintnew.asp?MAPURL=. .. 6/21/2005 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA P&Z Building Engineering Occ. License PROJECT NAME: Pylon Interstate Plaza Deputy City Cler - APPLlC¡Ün S /\GENT: Mr. Steven L. Cohen I Steven L. Cohen & Associates P.A. AGENT:: ADDRESS: 2941 West Cypress Creek Road, Suite 102 Fort Lauderdale, FL 33309 DATE OF HEi\RING RATIFICATION BEFORE CITY COMMISSION: June 21,2005 TYPE OF RELIEF SOUGHT: Request nine (9) month site plan time extension for the construction of a 29,419 square foot, two (2)-story office building, approved on February 3, 2004 (an extension to November 3, 2005) LOCATION OF PROPERTY: 1501 Corporate Drive DRAWINGfS)' 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ............HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C"with notation "Included". 4. The APP~t'S application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S- S:\Planning\SHARED\WP\PROJECTS\Pyton Interstate Plaza\ PTE ~ , EXHIBIT "A" 110. = 300.0 feet ..,01 ..... "'''I' ........ P'C'D 'CD ;,~I' ':', : ~:, .... - I'~ .', :Ho:rneÐep:':' " ,".1, .. 'j' . --"" . . ..-~.....,",. C3 -,. n.,., LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP . ._.. ,.:. ~,....··t·.~;:..¡¡. EX""ftJfr.~-:.j I~j ··:/fl.i . IfJ . ..' . , j " ~l ~' I b Ï1 :"U .:n CD"'E o -< Q --<I :z O· .~ . j3 02'0 - ~ :z -2 ~ iiii OJ -I .. m '~'I i il~ j§ 2! m :E. ;¡¡ III : () ~ mil" I B~ &1 ..:r: » ~ ~ J' ;:n rri m iiln O"tJ f> .~ f! ~ ~ gl' I ~ fJ) Ilia . :r ~ii i ~i ;j ! jf .. ~ !¡ W I Jì~~ f ~ III ~ ! II i n = I fllf ~. I , 5' i ~ I I r ~\11~ I 0'= \ , lJl~ - EXHIBIT "B" . 11= ';;) I ~ =- i'" ~ re ~ :'-4 II '- 1=- I IE§! ¡.- IE:II I-- I: ~~ I b 1=,- IE3I ~I f- ~ - 113 ..... I E3I ~~ f- E31~ '---' F ~~ l- i I "" ~ fi=n - ~~ JI ""l- I: ~ ... Þ=- I lEI! ~:3I }1 I - !1E3I - ¡..- I' it - 'E:!! Ô = IË3I r~~ - , I F - I - :~ê i~ I â ~ fT , I ~ ~I , 1 I I ~ &> I !;I'-~ lJi ... - ~ -I Ui þ- 1-- I-- ~ ¡ 1 I-- t-- 100= - dll ... I-- 1-= :::-.- 1=::..- 1113 . ~ 01 I r:t:::IIr ~ I 0 ¡= I ¡.- ~ æl f-- I F=- I ~ ~ I.- = I tJï ê¡ Þ=- I§~ ~ j I - I Þ\ IE3 I IS IE3 F'- I-- r- I..- :=r1 1=:- ~ I ~I ~ I I-- Frê if I-- ~ <II I I ~ 1='- t r-- ~ 1:=::... 6 I 11:::::::'::::1 11 r I Iii II=' IID'F- I 1-(' ~'·ø· 12'-6' 12'-6' I>'-~ . 13'-1' I~ ~ &3'-" I I~ &3'·" "41 \,;.~ ~'-Ð 12'-6' 12'-6' ~.-C' 13'·" it £¡~ ~~ ~1 I ~ :1-< IJ, O\ ~ ~ti:} iÞ~ 'I 'Iii ~ !;> 15 i~ !\ l.~ ,1 § ~ ~¡ ~ £,~ £¡~ I J j ~~ ~ ~~ -n- . . -4 . ~~ -4~ -4~ . ) PYLON IfTERSTATE PLAZA . STEVEN L. COHEN PHASE II AND A..aCIATEB, P.A. I ~~-.----- t II ~IIIIVE aoa N_W. .... A.. ....... 4De """;.'::'I.'1u-:':= . ft._ ---....--........-- ¡iifir, .. tDIH.,r~~, . . "(:;... !f II'EI Ii .. ;·.·X·~~: ~ l' ., . · if 14 ~j .,~ Iffff ~~ J I J 0 ~ i, E 'I ! , !i 'i I J J ~ . " - f J ·f t i ,- ~. ~ ~ -+= ... . .. If ~I .,11 " !"., ,J ç ( ...- . =1 f: ... , I· . ~ ~ I ) i' PYLON IN1ER8TA'Æ PlAZA .. STEVEN L. CaH PHASE II AND AaaaCIATlEa, PoA., I . ------- . t ta I "'11. - N.W. __ A_...... ",-;;-=v~¡;;. . ~_-.~ .... EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: SPTE 05-002 Reference: I DEPARTMENTS ! INCLUDE \ REJECT I 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 FORESTERlENVIRONMENT ALIST 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\PROJECTS\Pylon Interstate Plaza\SPTE 05-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMliON OF THE CITY OF BOYNTON BEACH, FLORI A Development paz PROJECT NAME: Grove Plaza Parcel "B" Building Engineering Occ. License APPLICANT'S AGENT: Mr. Lution Hill - KMA Investments Deputy CIty Clerk ~ APPLICANT'S ADDRESS: 2295 NW Corporate Drive, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21,2005 TYPE OF RELIEF SOUGHT: Master plan modification approval to convert Parcel "B" from a 3,800 square foot bank to a 14,291 square foot office building, in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "B" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APP~t _HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The APP~t's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property and conditions of this order. 7. Other DATED: -oS S:\PJanning\SHARED\WP\PROJECTS\grove pJaza\Parcel "B"\MPMD 05- . . . EXHI'I:3tT "A" , 1 in. = 313.0 feet COUNTY PO II'IIIIIIII~ ¿ ~ ¡ . ' I · M T " Y 0 RD I ~ r ~ - - - --- - . - ~ - 10-...- ""-- - -- -~ - COliN I , I~R ~LlI1__- - _ _ _ _ #I\. ' ~T"1 --- i-. -. U -'-= ~r --= - . ----- /......... ~ ~ ~ 2" 'I LAWRENCE. RD Ie ------- '" , " " Q/' '\ JiI1ßI' J "r,' ~IJ ~ ' '~,"'~I .. ' " -r1 ,. j, , . ,"'. ,II" " ,,' '~ - ( ~-~ ~: ... --; ~.. ··,f~~/ -,~ ,~, -, '~ t c .~ '\à ,J:-.. -, ! '- \ IT = - f¡..::j t¡;l_" .._. LOCATION MAP EXH' -- (AID U!Ð ICDIUW ....... , 'I~ Iii' III; "'~;;; ;/' ~- ·1 11-1 ir J I I' Ii 'I i:l ~ I 'If I II, I '.- I IU I_I. I ... , . . ~ . . . . . ,,~ q; =Ii: 11r~I:! = ii- -,[I 'II~ 'fl¡3_11. I _¡ri ',-;; i I !,iJi' - 1 i ,....... I~ I 'r ':, I Ie ~ . i~! q.J.JIIJ ;=fïi' , ~ ~fi i¡ff'll i!:, I :s 'II - ! lei. -i:" . ~ f i. if J ;11- '1;11.1 :'¡ _, .w jI;.,:,. ¡; !' ¡: P r r =1 Iii Iii 111=;'1 I I j' '., in I, tal - :' '-'1 I °1 iill!1 !j J;¡I¡ ~ I I I i: " Ii Ii I ; .111'1 i:, li'C, ! (") ! ,I I, C- J"h " n » .. ,! I Ii I·I~ - i ! ~ ! - l' -c .. =. I ; h J i " ·.I!i' I ... » · ¡.. ·1,. $II s; · I !I'· · III i II... z i !: : IIJi :11 -ü I r i !! iJ ::u II . 0 n iJ· (") It '¡ . S : ill d J I ~ ¡a f · ~ - i~ ö I H I H"li ~¡¡~¡,¡¡ if ,¡ i. ::u ;V 0 · ,ili,i,i,i,ill ; '~~~~~JJ'~ ! . I ~ J,~JII!I J II 11111111I þ iJ- ''''''''''''ii IJJllin J z ~ p ··ii·......cll fiU'." ~ . iilu I! i'!III~11 J .,:,:, '" ;-'" -- ~ I , ; I ~ i J :~~~:::: är!!a: , ."", = f t ; ~ . f !-u~- - !-!. ~ - I I:!I I :s I :1 . = ,.- . ¡j · G> il~ ... s:;::U ; >0 I I cn< [ ~m ::u"O I · ~~ I: i: .. - 0 ....... ...-...... ., 2IUIr . .= I f¡ :$ ~ !I I' - ë I I ... -'::-::"7: __ I I lit $Z - . ~ I EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel B File number: MPMD 05-009 Reference: 2nd review plans identified as a Master Plan Modification with an April 26, 2005 Planning & Zoning date stamp markino· I DEPARTMENTS I INCLUDE I REJECT I 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: 1. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION Comments: None X PARKS AND RECREATION Connnents: None X FORESTERlENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 2. The Parking Data information requires updating for Total Spaces Required X and Total Spaces Provided for both the entire development and also individually for Parcel B. 3. With the removal of the one story height restriction, language be added to X the Master Plan that buildings not exceed two (2) stories and/or thirty (30) feet in hei,ght. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:IPlanning\SHARED\WPIPROJECTS\grove plaza\Grove Plaza MPMDIParcel B MPMD 05-009\COA.doc · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z PROJECT NAME: Grove Plaza Parcel "B" Building Engineering Occ. License APPLICANT'S AGENT: Mr. Lution Hill- KMA Investments Deputy City Clerk APPLICANT'S ADDRESS: 2295 NW Corporate Drive, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21,2005 TYPE OF RELIEF SOUGHT: New Site Plan approval for a 14,291 square foot, two-story office building on a 1.116-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "B" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .............HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. 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. 6. All further development on the hall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\grove plaza\Parcel "8 .. EXHI:BtT "A" ,. 1 in. = 313.0 feet COUNTY PO . . XO RD CO AR LAWRENCE. RD 0 LOCATION MAP EXHIBIT B .... .... I I I I I ~ ~ ~ OJ ~ ..~ 0 ~ ~o ~ ," I~ I ~ ! ~ X 0 0 7J ;V 10 o » » z » r L~ !I~ '''-~1 r~il ~Q ï ~ ,(') <þ if ii ~ '" ;0 u;o C c/ z Z 1:1 1:1 V> ëi z p:! ~ õ z ; ¡;r . r I" r I ruq p Ii f ¡t=¡I¡! I! I!!!'!!!! I ~ I' I I · £1 · ~III ! li II 'j i ! ,:', II ,q I· ~ 'Iul",; ~ m I ¿I ~I ~ ~ nidI r IfJJI I·~ iii' II .. I' . liS ,£, J ~~ d.1 i í II' !! I !'P.i I ~ , I J 1@ Ui i I Ii I ! ; ~ :; i gt:¡ ¡.¡i I h·I·· I '" i~ I ., I P! II !! la I ..... .. ... 1- IJ·P! i ,II ~~~~ ;: If I· ,. , ~' . Ii' · .. ! .1 '1 I ó I I ~ ¡III ¡ ..", OFFICE BUILDING :JI ~O-o :111 .. ml PARCEL '8' :¡lfiN ro(t).. ,{~ .. ~.ëÞ 1ft !ì ~ "iT , ,.. ~ GROVE PLAZA OQN fa ª!I . 8" BOYNTON BEACH, FLORIDA ::I :GV _._~...- 1"-4'- ~_._--------~- ·~·t I '" m 8 z , , ~ @~! , , ¡ U·' --t-o , , , , , -'.--'~ q ... è , , ~~ @~I , , , , ¡ . ----~ c¡þ , @I ------" ~~ , , q _----_0'__- q , , , ~i'" ®!I , I , , , . , ~) ~.'~L.I Ir. If_It' 4t q~ m ã ã 0 5 i HI i ~ I: ~ ~ ~ III !: t:: I: i ¡ II!I ¡ "'I' OFFICE BUILDING . I ilf ! ~O~ :uü :t> co 'I' PARCEL 'B' 1'· m I¡nl:; (1) .., ~ n ¡¡i~ .~ s ~" 0 GROVE PLAZA !!!.(1) ~.. " z · IIÍ ì ()QN ~;, ~ 0 ¡ft. i~ BOYNTON BEACH, FLORIDA ::I . II 4V j! I .... n ...,.. .-....--. __n...._.. --... 'n.. #..-.- "-.. ___.._____...__... __.. __ji__ __... n. un. __..... ,,"_... '''n °t ,,~ ;t ~ '-\II" r_II· ,-It" -ì ">-.... 1_"- T_r '.W .3~-I' '.r 11..... r~ c-.. V> l/ I [uuut r -i .n.+. n, 'uunu, .unu, 'nn --yJ I II 2; . ¡ ¡ ¡ ¡ ¡ ¡ d 'f- ._ II . O """'"'' If, 1""1"", "'111"'" .. .. '" """"'''Q~'' "- " , ¡; f~:;:~:-U'C ëli I s: : : : : : ' :. " z _ ::::: : 'I , ,I ~~~~ . I--- , g!i " , ~.ø . .J n.u.' , ,'= , .7 !r;11 GJ.U . ¡; ~~ .? '-h ' IR·~';.ff Ii' I '1' if, " ;; , \! 1/ ¡ i. I ,,~, "\ "\ j i'; :' ¡!I:~~ ~ . , e I . ; "- ' ~ri...' ~ H ;; ~ ¡.- ¡ If , .~ .), ~.nj I: ' ~ !rIll ~·u j~ ;: 'F @~! ~ " ft-- ~, ~ . . ~ ~ I--- ;; ~I....dl .! ¢ ) ~ uun_'-.... ~ '¡;I..,~,~ . '! I '-I' ¡!f' " ~. ¡: , e I ' I. I \, /J.. , j! ~ . ~1~7 " ( e I..), ¡; -.u JII" ~Ó~_...: _,'Iì ....... II .~ I" 0.81 ' . ,~ . ~' ; 1 ~I . ~~ . 'F @!! ~ :J-'~ .' f-- U j" -(¡ '" .~ .' ,~ O~ ' ,I II III I " = ' !i: I ~Ii', ~l] I-<Ç Iltr 'f'_ --II.. ~~':::~I: ~, . ~;-=~~:nrr :t 4 ~ Jill' I tIll ,@I I.. "\ I I . I I I I I I I I í 11"11111'1 , , " .. , ¡ ."...."..- L _J L___..l L___ j I ¡ .., ..-r-t- .- ..r +" ..*<" [~ J --....n__t.,.J ..r '.r .~ L H It H o.r .,~ Ii u.~ . ~ ~!= 1~ \!ti ,! ~ Ii ~ íÎ It! ~ 'ïil i 1:: I:: t: ~ ~ ..I · · · i ~ 1fil I dW OFFICE BULDlNG : . 'I ~ 0 -0 :Þ l if ~ I ~ ¡!:i PARCel '8' 'IIff'll! D1 $ N .. .~I . : J.. _. ( ) Õ ~fT.. :S GROVE PLAZA : h~ OQ N ~~! f ;!I~ BOYNTON BEACH, FLORIDA , I f ::J r ¡I '~ .~ . ~ ~ 't ~ '!:t ~'" II "'I I $I ~....;:¡ $I II ':it .... , i' r :' : ì' , V> i' i' r :' !,' ~ :~ ' , :0 q -i .:\ S g I ~ fi! ' g.~ ~ ii : ~ ¡n.,) m 7 ' õ ~ ~ t¡/¡ > ~ :::! ¡ ~ ~ ! o I~ . ~ i z d :!s Õ .~ , Z {!'II'·I If j -~ -~I L,J ¡ I , ~ :!i j¡ ~ s I ,·w i I -I ,~, S ! ; ~i ~ j ö~ . :¡ (' ö . \ i , \ , ~\ ~~ r ---.~ fi H' Ii ¡ ~,) ~I :! ~ ii' ! ¡ II: if: ~: 'i . ! I' ' , -I .. 11- 1" $I II i· i' -:¡r:'r I '4 "'" ,- I I :¡ , i' , : i: : ¡ fi: , j, , ! ~ ~ JJ i· ¡I~ ir :1' ir ij ~ Ji i 1 7tm OFACE BUILDING .,-11 I ~ 0 " » J ~! jI:ï! PARCEL "B" :1 Ilfl; Œ ~ ~ !~ ~ '1\' GROVE PLAZA . i ~" o"Q. N -" § f ¡!I~ BOYNTON BEACH. FLORIOA . I I f ~ , c . ~ ,tH h ~ ¡ HH¡ .' ¡" i' ~~ ! i, , , ~z d ~O 3 ¡rn ! !: : : '''' ... -t -t ª j j , :r , , , , g '" Õ m '" '" ,~ Õ ~ _.1WO" '" m -t ~ Õ ,~ z Õ z j i j I ,_w j ,.., I I I i ,~ 3 "'" :ïl ,-" "'" I I ,~ i I 3 ~. j~ 31 à ! ¡ , - h f H . :ïl . " . I .' p r :' I I I; e; ,; Ii :'i! :~~ IIml'l ¡~; ~ : ¡: : p i is il II!.;; 1;1 ~;~:;II ,:1 a : I: : I i ~ il,: 1;1 ¡ïl! . ~~; It .~, w-< ,~ : j: : j I . ~I =1 = II !! I !tiil' '~I; , j, , j j . I ,.... I I I I ~ HH I =1 '1= ~~'" I . 1 II, ! t;JlU , I I' I ,;. p I I , I I ~iI i n I ! I . . ¡ 11/1 , .. "I~ OFFICE BUI.DING : I¡,l I ~O""t7 :II-r :t> r-.. ,1:1 ('þ('þ. 1,~I ..,. PARCEL '8' :11'ffl: (,,3 ~;: !¡1~ !!!.ii3 8 H~ f ",,:0 : i rr ë5õ GROVE PLAZA OQN z:o ¡f/. :J ~~ .. BOYNTON BEACH. FLORIDA li,,'t'I'1 it iilii~~Pil~in,plqn~PI1!I JH; J å, II·rl! 'lì· "'1'1; 'I" M Ih II l¡;i~it!H Ii ~ illd~lIiU!i~~~~1 i! i~p! ,J t!!~h;:lt i .: j!I,i'¡I' I I W I 'I. I ,I I. Ilt1·11. I, ml~'IŒ~'~m("11 'I · '; .;, li·J· r If.. ~l h. ~ 11 I '111i1i i !! I II lId tIIlll IiI II :111 !I/ !"-llf II' ij~ liP' III' ""'JII'II'I r \If iI/! ¡¡I II! l!ill jrlµ,1 f I ! I ! III III 'flr.' IIi I I + ..; ¡III I 111 III i II i¡ I ¡liii II iliilWHlI'liIl!!I ! lit " ¡I, ii; II II/ . I ¡¡¡ ¡¡ ul ill .. In'' ,p,' 1"" I ;n t~¡ ! I ¡,! ,:; I ilt,·I! h~11 HIli I '" i 1'1 I" H Ij ! i ¡Ii III !ji!!'! ¡iI! I!! ¡¡ ¡ :\1 J¡ 11 ,., J!: II II í!! i! !(¡Ii ! ¡/II J II Ii ·i~ ~ ill Ii I, ¡. 'I 'I I,,!!I, ,.¡'" II II J ' Ii ¡ "1(" ,¡.I,1 II , 'I 'i' !' il ¡ .. II -/ !j ¡ 11i!Í Ii; I II II ,. I, / II . s;: I z 0 Q ~ ~ .~ ~ I I !il_ I ~ t'l ft i I {i :~ !ill ~ ¡; , I ð iUl i 1'1 I I~ .1, h Ii! I I I! ~ n I{ Jo al t o h I '_ 0. I I: I I " r=~ jr;~ . i Iii HII ; i i ii ii ¡Ii! J. II I ill I , I "I J I !qid!¡I! flHI i~¡::~ ; !', I ilJ .... I I . I .J . . . ; 1"1 'Ii hi. i i I It t ) \ ~;I~ I >11 i" I' ~. · ) i Ii lid i! I H!li j ~ ! l!i!r ¡iI J II I . I· . f ~ J ? I II I! J J I ,! i .1:1; 'I; u; I; i ¡ . . , ~ I ììltl I.· I ill III ì! I ¡Þ~I ! ~ II ~ - ' ~ ""I!II .. - I !'" I II I II! ! I t I,II~: tIll 1 1 II I It I I ¡fl· 1 I il I ~ 'I~ i ,.Ii f,1 o;II.J ~ I 0. ~ -. J II ~ :3 ~ d 1 J I I I Iii! i I; i :¡: : =: ".. ~ :;..~ 1111 : ~ -::: ~ "'I! OFFICE BUILDING ~ nJ I !ii ª '" ::- ¡111f ~O'" r;- ~I Ilirl il! i i' .\, PARCEL 'B· [I flli (1)( ). ...... z .oil !!!.rÞ G) II . ~ æ!t. GRO\IJ: PLAZA OQN 8' Xl :t!r I BOYNTON BEACH. FLORIDA :J EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel B File number: NWSP 05-012 Reference: 2nd review plans identified as a New Site Plan with an April 26, 2005 Planning & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 2. 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 N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b». 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 4. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 5. The Utility Plan depicts a 2-in. tapping sleeve & valve off the 12-in. water X mam. This will not be permitted. The minimum size tap shall be 4-in. ductile iron. 6. The developer has proposed 6 individual meters for this office building. X This is not a usual configuration. Please explain how the individual suites will be plumbed. 7. It is recommended that the developer reconfigure the service tap as follows: X tap off the 4-in. line upstream of the fire line, then add a valve. The Siamese connection should be placed downstream of the DDCV. 8. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in Conditions of Approval 2 \ DEPARTMENTS ¡INCLUDE I REJECT I 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: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Provide an engineer's certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. 11. 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. 12. 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. BUILDING DIVISION Comments: 13. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at pennit review. 14. Indicate within the site data the occupancy type of the building as defined in X 2001 FBC, Chapter 3. 15. 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 I DEPARTMENTS INCLUDE REJECT I the provisions of2001 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 pennit application 16. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 17. At time ofpennit review, submit signed and sealed working drawings of the X proposed construction 18. CBBCPP 3.C.3A requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 19. A water-use pennit 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 pennit 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 pennit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. 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. 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 pennit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 22. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. 23. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.BA) 24. The elevator shall be designed to comply with the 2001 FBC, Section 11- X 4.10.1. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 25. The proposed freestanding outdoor lighting fixtures shall be consistent with X the Lighting Design Guidelines of the Grove Plaza Master Plan and in Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I accordance with the designs utilized in the development of the other parcels within Grove Plaza. The specifications and detail drawing should be provided in this set of drawings. 26. The Landscape Plan (L-l), depicts the building at 14,826 square feet, with X 70 parking spaces, instead of 14,291 and 68. Please correct at time of building permit application. 27. Increase the number of the Montgomery Palms on the south side of the X building to better soften the massing of the structure facing residential property. Grouping and staggering of the heights may provide the desired effect. 28. Approval is subject to the approval of the Master Plan Modification request X by the City Commission. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel B\NWSP 05-012\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ,¡.,;:,:..;¡,.-'"-~~=:;:¡.-:...; -~;"_:';";;;;"¡;.:o.'- . Developmen'C CITY OF BOYNTON BEACH, FLORIDA P&Z Building Engineering PROJECT NAME: Grove Plaza Parcel "D" Occ. license Deputy City Clerk APPLICANT'S AGENT: Mr. Lution Hill- KMA Investments APPLICANT'S ADDRESS: 2295 NW Corporate Drive, Boca Raton, FL 33431 DATE OF HEARING RA TIFICA TION BEFORE CITY COMMISSION: June 21, 2005 TYPE OF RELIEF SOUGHT: Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 zoning district for a minor automotive repair establishment. LOCATION OF PROPERTY: Parcel "D" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The App~nt _HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The App~nt's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the prope II be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\grove plaza\Parcel "B"\MP . . . EX:rfl:8lT "AI! , 1 in. = 313.0 feet COUNTY PO IIIII II ~ jj __ . . I MT. IIYO RD I /... - , """' f- ~ I- L ~ - ~-~ -, . - ~ L-.... - _ L..- _ "- -- - COU~T'~ AR :: 'P£I~.- ¿ _ - . '- r--- _., ·.u~ - - ~ ~ :11 _. r--- ~ , ;:2: III . I LAWRENCE.RD ,[ , ------- ... . - r '. J . J J/ '\ ~~ " ~~f ,Jl ~ ~.' ,.... "', ~ - K. "\ '. '.,.,. -- :, . ~1 _' I'~~ ~.~. \ ~...........,..., ~~ lJ - .......} k. ., >; I~ ~ \ T f/=; . . 1;:1".." . LOCATION MAP EXHIBIT B ~ ~ I . : : :.-# "; I i 0 " ¡ ~ I ¡ q T-------w'=.."=-I- -.-- li.s ¡ : I I!! I i J-~~~ ----.-----"---- h I ~~-----.----- In ¡ ~ I I I a If ¡----- i¡~ ; I I I I I : : ~ ¡~ tJ! I 18 : i ~ ;i .~ I &/ I : I ¡ : 'UJ b !i I i : I ~ 8~ I , [\ ---i I§ i~ I- I ¡ 'e ~! i I' n ;;0 1 I I . I , ---i I ! I, , '! I, , r _~ I ¡ : , 'I I 1:l0 : H I I ! ~ " I ' · , - I ~ ~ , rn . " " I i ~, I : 0 ¡ q "' I '-r \' }> I I EfJ1 In! :: 'i '~i! II: I ... " 'r~1 I ' , I!!, 'I I, ; I I. ~C') 0 II U'Õ - ~ ----¡-;; 1___ __h~:>¡ ,~ f J1mIJ I ' - , I : : I m·:.~ . H: f"..;ijt. '. .... "... -Þ> t,. ._~. J~ fu~"."'" . ;¡r~ù I~I; i I; n; I; i I 'U'! nnlfll , I Ii , .~ ~:II' I "! 1111111111 ! .. , :-:--=.."..,., 1111 II II. i ~ f I..' I Ii :: Ii 81 'r~d'l: i I CIIIIII i ~ I'. . "~'!R ¡~Iì' 1m : ~I II ~I III I Iii I: !!¡ II !: I I: ."-n·'I'J I. ~ .~ "1t~ š1~'" ill ,., '-,',1 iiI . I i !. -- _'I I I . I I t 'c . 'j1I"-¡¡""~ If I I ~I ¡ I ~ I I - U iil- ~ I' ~·'f;W"·~ I· · r I ij II~ I ;" I i ~ ~Il t i I I ' Mi t I.. ,.. I. lilili C..... ......-...,,'£......~. '., "'. '¡r.'I'''. --..~" :el' I .1 J ,.- j II Q,., )!.... 1o.I.h. ~·L ~ ~ 1!ü;L!'w-' Iii i i Ii i I!i . '. f ~~ . I Iliff,. I", ilS,' GROVE PLAZA :, JI 11 0-0 » , , I ::¡ ~ ä:¡ PARCEL '0' : ¡ J I ( ) /T).. ..... r b .. .. .. . : I, VI c¡; 8 m f ~ ~ 'S! ~t 3920 H)I>auxo Rd. ~I f'~I·J òõ" N š' w Z P'" :ot! BO)T1ton Beoch. FL 33436 :::J . - ~ ;¡"" :L ~o "0 ~------ "" "" 5: z , ! . s .~ <i _______________0___0____ II I I! " ~ is u u ----------------.---- ! ~ ~ - It ,~ ~ 1-frr---r, I! - · ! J~ ~ ~ ! ;11 I ._ .~ u -r- "---- ; ~ ~----~-------r- (; """ ~v----- ~I ~ \ ;! ~ i \ i i \ ~ i \ \ \ f I \! ~ - ~\:~~ ~ ~ f 4l ~~~ ~ ~ ~~ ~~~~~~ ~ lì ~ _I í ;1 il I ! I . 11111 I I" ..tS' GROVE PLAZA :'1UM 1iO-o :11,1 » l,·1 ...... th il' PARCEL 'D' (1)CÐ. ~ ~~ I·, ~ ~i~ !!!.CÐ "= u" f zO 3920 H)'PoluXQ Rd. : "i I CJQN 0 ft- :II ID ªb. W Boynton Beoch. FL 33436 ::J , , , " - ---- - - -_.~. _. __ _. __ _. _. _._ _____._1__ ~ Ö .--- : ~ ~ ~ u - - -~ - -iF - - - -~~ - ¡ c 5, ~ '" [[>-1\. --Tîl '" ~ :t ------ H :t \ ", /¡jai S .i. =: ,_, ' m fa , I J ð ~' ð~: Ii ~ ;10 _ , I. "' ,i)b: p:! -' : I i ¡;; ~, "' -' ~.J < --- ---------! <, I :>. :> -- -fiTì----·-h---!~ --" ::j: ::j: : u. il ~ ~ M' i-¡IB; i c=J : i ¡ : , I' , ì , I : ~~. II!lB ¡ ~ :¡¡,~ tIf1B ~ '111 ' , ¡ i: }¡ ~ , twn : ;-"HrF u_ -:-~ - - . _ _ _ ï=: .:- .:u= f--tt---,¡ ~ c=fiJ : r; if ~ ~ : Ii I II! Ð : i ¡ :: ~ ~ , , H .--- -----.--- --i-c=?·- --.-. .___ _ -...---_.__._L _.__~. __ " Fil " ~: f[> C3J In ¡-"'---, r-F' I ' L---.J ,,¡ i! , I: .!¡ ~ ,-" '~I ~ ,: JiG --- ---- - -- -- - ------ H+~¡Y: ( @I :: \ ~~~ : I ¡ I L::]!] ~¡ ¡ . :¡. I = :! ¡ I _ ; I ' I j f, ,_~ ~ ." S" J" ;- .·lil II i- ,- D .L j[L :: " .. ,. I .. -a. 1111- "" !I! is 'I II. liII ¡",' m;~1 f:... -- - - ~-.'- i¡!' pi nl!'! mil· ~l ~ .é? ':--- fl: ~ ~ ~I:: : I! !! ! PAjJ' , :1 ~ n / ~T"l' N I § ~ . Ii III .... I -u i I I \Ii /' ~" K ~ iii .1: ~ü Ii! f.f ~ ' F ~!I I.' . 'I i' I I I .~I , -1 .~. 3, i r I ! II! :¡i' ~ N ~ :¡i' I ,,,:" J !. I c:=J I: !t'~1 !¡ I" !I I I I .. .. ~ ¡ I : 1-' ,_1 -___M_ '--+~~" ._ i~ I I@ nM: ~_: ~., zH I! r----:- "" ~ ~ I I I I Ii" ~ ,.!, II I t1..:~. r\ · I L=:J, :'~ ~\ I ì I : LJ i J'I' . --- i Ipnpnr 1_~_ +1~ ~ jij : i f I I ! il ~ ¡ i i I:n¡" I I I I II ,.1: I ! ~! II, I, ! i i i j. : u Ii j I . :¡. I III ' , HI I .!-_: " AIIIII Ji , '. I &1L'. ! - I ! I I ~ : !BIB . " Iitiii ål ¡¡ . -- - --'. ----.-.--.-.-¡-. . T--": - .. . ff ff f ~"' 1,1 . ~ ~ I- ;: !"i : .. ;tll! GROVE PlAZA , . II 11 0 ." » )C :n:t PARCEL 'D' : '", I tÐ en. Co) ¡¡ , I! : IJ '" æ 8 ~ "I: 3920 HWoluxo Rd. " If ~I'f åQ' N :.II! Boynton Beach. Fl. 33436 :::J . . í i a - i ì ! n ~:E , ~~ i , , - ~rn ~ ~ ª ì ~..... 8 :; ~ :¡! m ( ~ II '" Õ í ;:: :!: '" m ¡ .... .... ~ ~ ~ H 0 õ z .. z , ~i ( ,.. :~ t ~ I, , I, I, \ \, ~ i' i i ¡ :¡I \ CD :¢ í , ¡ , , j , , ~ ç ~ ~ ~ \ ~ \ . I ! l l l lh U 'r . ~ , -I- 1 I ~ ¡ i' ~j¡ : ~ I I; II II IPI' 8> j i j ~ ~ i , . "'- ~ t ~~~~~ ~ ~ I I I I I ! I I I I II i i i I I I i I I I & & II I I ! 11111 I "'S' GROVE PLAZA : II HJ""'C .. :IIÜ :r I (1)CI). ¡;;.. ;I' PARCEL '0' ¡I tit!; !:!!.ëD » 1" · ~= !il (.oJ H! "f ð! 3920 H)poluxo Rd. OQN 9 Ell. Boynton Beach. Fl. 33436 ::! ätB z" .. r-- ~I ¡Iii I Iii ¡ ill'i jliililii Ii! I :r=:.=- t: -'" PII fII HI P1 II' liP þß ~~ ! !II IIII!I I I 'II . '. . I I I I ,II' If " I'pi¡ I .1 I ill 'I I if I I' ! I : --. " 'I I' ,'. III I" I i I'IIi' hI f II . it · . .. .. I· ~ : · ~ Hi I: ~ ~~ I ij' Ï¡ I ~ g I Kllli It.'w~~ I !, 11'= i I! 'Iii f~ 'hl J h fts ¡. 'I ! U r I ¡II' ¡ '''II + +.. + 'Ii') 'II to!· I ' .. I \.. U "'1'11 Itd IIII I r~ J'I' !! If, I rlll,q ;. i} ~! ~ i~ ~ II Ii ~I i~ ~«I~i'" i !I III! 1!l1 Ii!; if ¡ii II · !i I Þ. !!/IIi!!Ii, It Ii iii ! II. !flli: !If J '11 Ij I I I II:! t II! I II ¡Jlr ~I It If I i I ! 1111 i I! I I Ii IJ ~I' I III it ,I!f if) : ~I III l · I J" £, i! I '(ilff' II . I II Iii I If I II If i If nl, ~~ Ii I If I" I " I U ï "f ¡ J Ii r : I I i ! -Í-___ i I f ¡ i I i ! i . ..L- f'f T II. ì I ! ill I I Pi ~ I I I drl ¡ I Iii is I . I I· . I . If i I I I ' ï H I ! ., j" ! II i I II - .. 1: · I I ; i С I I i t If II If n.. J 'J~ , ~~ I ~ I ì! ., .. ~ U~llr~_1 II f II !I fI~ll i I f!lfl! Iftili ¡II it 8> iliftJjj~ J I IU¡ I' ~ !!l1I I' aI' =g p ..! 11111111 f I I li;' ai ii IH II Ii · n m;q~ i .. ill.H 'u! = 'I . !! - -II J I ! n I · 1~!l=j',1 I I, ! U I ~iUi I ~ I t :! . I .1 . . I..· III Ii i..... ~l Ij I II I elH ~~r.! ...1.... r ~~ . . . I' I I"" '1 ~IQ¡·,i: I~ ,... II 111',1 IIi i' ~~ if. GROVE PLAZA ;JI ~O~ I . .... PARCEl. 'D' ;11"'·' œ.... I fJ!~ f if &; -a .- :0 ¡ I ri _.CÐ ~ IJm : 3920 H)'poluxo Rd. OQN ¡¡ e~ 1: I Boynton Beech. FL 33436 :;, . . ,. ARCHITECTURE ,PLANNING, DESIGN AA-0002B86 April 18, 2005 City of Boynton Beach Planning and Zoning Department City of Boynton Beach, Florida Re: Grove Plaza Parcel "0" To whom it may concern: Please consider the following findings, regarding the standards for evaluating conditional uses, as per the City of Boynton Beach Code: 1. Ingress and egress to the subject property and proposed structures so as to respect the general health, safety and welfare of the community. Automobile and pedestrian access ways are designed with respect to the safety and convenience of the community, to enhance traffic flow and control, and to provide safe access in case of fire or catastrophe. 2. Off-street parking and loading areas are designed to meet and exceed city regulations. The parking lot and loading areas are properly buffered with landscape as required by the City, and their design respects the health, safety and welfare of the community. There is no negative impact to the neighboring properties, or the city as a whole. 3. Refuse and service areas are properly designed to route trash pick up through the rear of Grove Plaza, as intended by the original Grove Plaza Master Plan. The rear drive access essentially routes service trucks away from the public automobile and pedestrian access ways, thus creating a safe environment for the community at large. 4. Utilities are located as required by the original master plan. Therefore, the proposed conditional use has no adverse effect on the original utility plan provided by the original Master Plan. 5. Screening and buffering, including landscaping which exceeds the code requirements, has been carefully worked out by our design professional in conjunction with City staff. Specific design elements such as the entry arches have been provided to properly screen the building use from the main arterial road. In addition, oversized landscape islands with generous landscaping have been provided to further buffer the building sides. 6. Signs and proposed exterior lighting will match the requirements of the original Master Plan. Therefore, the proposed conditional use will have no negative impact on the community. In fact the subject properties signage and exterior lighting will be identical to that of a non-conditional use project. 7. Provided side set backs exceed the city requirements. Further more, the provided setbacks allows for generous landscaping and open spaces between the propose project and the neighboring property, thus enhancing the overall character of the developmen~ and the health, safety and welfare of the community 8. The proposed project has been designed to strictly follow the design criteria of the original Master Plan. Therefore, the project is compatible with current and Mure surrounding structures and other property in the zoning district. .~ . . . . . . Page 2 April 18, 2005 9. The height of the Proposed project is compatible with the adjacent buildings, therefore contributing to the harmony of the Grove Plaza development and the City as a whole. 10. The proposed project will have a positive economic effect on the nearby properties. The proposed use will not only compliment other service uses within Grove Plaza, but will contribute in attracting customers to its neighbors. Overall, the proposed project will be a positive economic contribution to the City as a whole. 11. The proposed project strictly conforms to all standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. 12. The proposed project will fully comply with performance standards regarding abatement of nuisances and hazards, Section 4 N of Chapter 2; and also to the City of Boynton Beach Noise Control Ordinance, Chapter 15, and Section 15.8 of the Boynton Beach Code of Ordinances. \ EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel D File number: COUS 05-006 Reference: 2nd review plans identified as a Conditional Use with an April 26, 2005 Planning & Zoning date stamp marking. I DEPARTMENTS ¡INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application fonns or within 30 days of site plan approval, whichever occurs first. This fee will be detennined based upon final meter size, or expected demand, unless these fees have already been deposited under the old building configuration. 2. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 3. Only one 2-inch service line tap is required to split to four I-inch meters. X Please see Standard Detail W -11. 4. The Landscape Plans show plantings on top of the meter water locations X shown on the Civil Plans. 5. Utility construction details will not be reviewed for construction X acceptability 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 pennit application. FIRE Comments: None X POLICE Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE , REJECT I ENGINEERING DIVISION Comments: 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at pennit review. 7. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.), utilizing 20 foot sight triangle. 8. 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 pennitting. 9. 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 pennit application. BUILDING DIVISION Comments: 10. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at pennit review. It. 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 detennined by the provisions of ASCE 7, Chapter 6, and the provisions of2001 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 pennit application. 12. At time ofpennit review, submit signed and sealed working drawings of the X proposed construction. 13. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 14. A water-use pennit from SFWMD is required for an irrigation system that X utilizes water ITom a well or body of water as its source. A copy of the pennit shall be submitted at the time ofpennit application, F.S. 373.216. 15. 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 pennit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. I DEPARTMENTS \ INCLUDE ¡ REJECT 1 b. If the project is a multi-family project, the building number/s r must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. 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) 16. 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. 17. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 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. 18. Sheet AIOO notes the building occupancy as "B", yet sheet A210 notes X occupancy as "Retail". Clarify. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 19. The Area Calculations on the Utilities Plan (Sheet 4 of 10) should be X updated to reflect the revised calculations depicted on the Site Plan (A - 100). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I i I I c·, . )val 4 [ DEPARTMENTS I mCWDE I REJECT I :lined. ~ S:'J,.. . PROJECTS\grove plaza\Grove Plaza Parcel mCODS 05-006\Coa.doc S:\Planning J.llplates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA P&Z Building PROJECT NAME: Jeffrey Smith Variance, 2525 SW 14th Street I ZNCV 05-001 Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Mr. Jeffrey A. Smith - APPLICANT'S ADDRESS: 2525 Southwest 14th Street Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21, 2005 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: 2525 Southwest 14th Street - Lot 15, Block 22 Golf View Harbour Estates 2nd Section DRAWING(S): SEE EXHIBITS "B & "C" 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APP~t HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The APP~'S application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: b-a.4-05" ~rn. p~ S:\Planning\SHAREDlWPlPROJECTS\2525 SVV 14th Street\DO.doc . City Clerk . ¡ . . . . R-3 Southwest 25th Avenue 1:: :::J 0 Ü ....... ..c ()) ........ ()) ~ !..- ....... ~ C/) ........ (j) ..c ()) +-' $ ~ ~ ..c 4-' ........ :::J (j) 0 Q) ;1-1 &A Cf) ~ ..c +-' 'j~'_;,,,L: ,- ...'. .: -, "'N', "_<c,"', :::J ~:/1j;» "'-\.;~;-:r¡r+-ç-yv,",\ 0. SW 25th Place 0 en ~~~ ~~ . r,' . TYPE OF SURVEY: BOUNDARY ~ ¡ ~ HI~IT B ? 'I /~- &~~ ~ I ~~ I /Z'¿;//ß//7/ ¿:=-./-7~---;/¿=:-~/r- ~~'~ "- 1 :\~~ I ¿j7 //4) /0.5 ¿;J¿;J '\, h ' ~~ \ \ ~ /4/P'///o¿¿- I ~ ~ I . ~~ . '., . ' , I II ~ I .' "':.,.>",. /Z-~ V ~ :;J \" ~ I"~~':' \ 1\ t. ~.~ ~ I, .::t~~ \ ~ ~ \ ~ ~ ~ V;) ~ I ..,~~<.: ~ ~ 'S'f\ ~ ~ ~ \ I . . . . '.,,\ ~ ,~ ~ ~ ~ \ . - ~ I 50{/' t) ~ \j ~ _ \\\ ~\~, ~~ ~\ ~ ~,~ I \) /~ ~ ß,\ .' .. . . . \ . ~ ~ ::z ~ : ~ ~ ~ ~ ~ 4'0/./¿· \,' ¡~ ~ ~ I\) ~ I ,\I ~ß.4/E ~ ~'. ~ ~ '\{ '" I ~ :\1, ~. . :\ \ \ ~ ~ ~ ~. ~ :~ ~ ~ '\ \ d ¿?/7-~ /¿? .§:-¿t:::7- , ~ ~ I ~ f:::: 1 ¿'ßRL?//Fc) ~: ~~ //. ~ . /~ ' ~ k ~ ~* ßÜ~-z¿- ~ ~ ~ ~ ~ ~ \1 \ '\ \\ ~ ~ r;::;:----:-.---.-- . ____. . \;j I' ) R (p' . '. ~ \\: ! D, [I; ,:' : ., , lli ..... I\' : ,.--c. , \ " \) I' "-,! " ' , I ,j '! ~ CERTIFIED TO: i ¡ n ¡ ¡ 1AAY 5 2 05 ' ; ,:( ~ Ii' ' IVI - 10 ~,;\J JEFFREY A. SMITH AND CINDY J. SIUTH, HIS WIFE : '..' t.: ! 0 , , , ~) UNIVERSAL LAND TITLE, INC. , ¡ STEWART'TITLE GUI\RAN'I"I COMPANY l_ j BANK OF AMERICA, N.A., ITS SUCCESSORS AND/OR ASSIGNS ,\S THEIR INTEREST MAY APPEIIR fHC~H"fHrs."ANY.AREAS.HO.NMMON. LEGEND £:.:r . :'s'i'M~ P: : ~i8OOK NOIHSMCHII*II""fW'MCottD"U'...c""ø ø.~ : :~u:: M: AELDMEAS¥MD :.~~". =::="EHT Þð'"Mf3,·-IIfØ''~''''''''''..AHOIOIt-OWN'ftSH''' I[ .' ClNTEAUNI ~.,. . RNI!tttfO"lOOfll '..:c. : f'OIHTOfI"CUfWA1\IftE ~:V;:::nJ#fIIØHEITTHIS'·lVItnYOlt, (Xc,,., CH~ : :=L ANOWDELõA '~ : ~OA POWER P.RC. . POtNT OI'MW:AII CUAY( - C.I_ . CHOAD'IEANNQ O.A. . Of'J'ICIALMCOAOS ".T. . POtHTOFTANGIHCY IfOflNØfItGItOtHfO;#N.SJAU.AlJOfMOftItlI'ttOY!· CONe. . COHCAET( PK . PAAMEfl..KALClHNAll A . MDlUSIRAOIII IIIENraHAYFHfN10CA"O·,ufl'",trMHI8SUAVfY. C...ISt. COHCAE'T'tllOCKCSTAUCTUR£) P'YMT . PA=~COHTftOLfI'OIHT T:': : ~y UHUn SHOW,. OIt·~-,",rEOFHlltf ON. _ D.: : ~-=.. :~ :. ~~NŒ-MONUMIHT TV . T~ ~ I~ SUBJEClPROPERTY'SHOWN ,HEREON IS-LOCATED IN. FEDERAL INSURANCE , 2833~CMl1; s.ite AD ADMINISTRATION DESIGNATED FLOOD HAZARD AREA" FLOOD ZONE ' Wat-~ FL 33409 Aq AS PER THE NATIONAL FLOOD INSURANCE RATE MAP. Pbo.e-561....71-SSII Po _ !!61....71-!66& COMMUNITY PANEL No. 120196 0005 C . "..... ....,..,.,..,.....-0 BY CLIIIHTt. DATED sEPTEImm 30, 1982 . r.or 15, BLeCK 22,QJLFYIEW HARBCXJR, SEJcr'ICN 2, AccaIDrNG TO THE PLAT REXXIIDED IN PLAT BO:X< 27, PAGE 46, A..~ REXX:IU>ED IN THE PUBLIC 1U'.XX:RDS OF PAU1 BEACH caJNTY, FT..aUDA; SAID '......Ý'''"''''''"''''..........-N......'......................._.OUH....'MY'DIftEC'JIOH.NOTHA. T.AND SITUATE, LYING AND Bf:ING IN PALM DEACH ca:JNTY, .... ~-~:.·A'TMIa·AHO·ACCUMTt-.......NTATtOH OAHA~AND·THATTHIS·8UftYEY FTLJRID1\.. COHFORMIi""fO"ftt.·............."1'SCttNtCM. nANOlUM:Ml HTPOImt .Y'THI'R.OIMM.·BOAAO'~ ' lNtDIIUftVETO..tff'CHAJI1'ÐII-.'017..~flONOA 18'M 4 r. DAT Ftf:LD£O: PUACHASER: ...- "'nnE" OC'IDBER 18, 2002 JOHN IL DILLINGIÌAM "EVIOIONOA'_ ._.... Joe OftD R No.: KEY MAP 1016102 8000, ro" r B' , B' I 2' , 'ì I c {JIIVCJ> IU-'" i'. x I EXHIB a~;! 0-= i'. x i'. :iUT-I OZ (J>:t:: It(p Ö~~ mC 1:: x 1:: Z-(J> zr 01-1>-- OJ> mr\J þ.(J>~ r-1 1:: I V 1:: V 1:: 1:: I Om 0-10 (pO _:t::~m "m CJ> 1:: x I r-l fH~ It::::! I OZ I IUc ! 3: .. ::::! þ 11' OVERALL ROOF = I I I CD I B' I 16' ROOF SFAN ~ ER '" '" r- --'\--- - - - - - - '" I (J> o -I>- -I>- I ~ -= ~ I -~ I m Z - IV IV Z CJ> (J> '" C -! U> E r Z - x x x - -= I 1> 1> (¡\ =< IV IV '" a (J> r -I rií 0 I r m :t:: II ~ (J> \J a "-' '" " c m I 01 Þ. (J> x Z r m -Þ- r m c U> r E I r ::I ïI 0 ïO Þ. a z 1> þ. () r I E c (J> r '- ::I 0 ïO ~ (J> ~ ïU ~ ~ ffi IV ïO ~ 01 -I>- m I 1> (J> ::I I 0 " þ. 0 I r ~ !!1 ~ '" ~ L_ "-' " -:: ~ o-az - :t::m 1> ,IS' rií a -I-n -I EOlli3 ax mþJ~!!1 o-no;-nz c::- Þ:r:r - ( )CJ> o~ rþ.þ.:t:: i~~~~ m::! rjii1tëï ~~ ~..,r ~~UI:r: -f~-f" -~~ -:r: m-oE r UI--(J> z mf- Jt)(J>þ r m-r tJ (J>t:!r .-~~ '-'-Ot:: ~=ìE;:r mll~'- ïO ~~r8 -0 ~UI~ -1>-0 ' () 0 ~-q:~ ~::I þ-l7'\ , 2 2 4 2 2 I 2 ::Ill r-f ~ê~ lie n~ :r:m -m(J> E( ) ~ÐìJ 2 x 2 t::þ. -E z_ þ.ÞO 0-1 -f - 2 x 2 (J>:t:: ~m~ Ix2 Ìn~ U> Xli I 6' I 6' I :1J;-4 ," ... ,~\' ""0 ". ~c [Q)c @C51 D[M©c" 1~":~'f'< r II E.;;""y 1 D ~f)Ø3 I D.IA. DOWDY, P.IE. . ~L~ " " FLA. REG. NO. 22763 t'd " '~<" . " -" , ,:,i -- J 8037 ST1RRuP CAY CT.. BOYNfON BEACH. FL '?:'. r..,~.J.' I PH: 661-738-3804 FAX: 581-734-3818 ':':;'\.,,: .~ ..,' I', "".... ~ EXHIBIT D . Statement of Reasons to Justify Variance Request Smith Residence 2525 S.W. 14th Street Boynton Beach, FL 33406 A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: Due to increased costs of newer homes and smaller lot sizes, we decided to stay with our current residence and make modifications. This is a modest expansion. We had an existing concrete patio slab, but due to afternoon sunlheat, did not use often. Therefore, we wanted a roofed patio for sun/rain protection. A screen roof is subject to only an 8 ft setback (Chapter 2, Section 11 (F» while a panel- roofed patio is required to have a 25 ft setback (Chapter 2, Section 5 (C». They are the same structure, one just provides shade and rain protection. Both have the same net loss of green space. The residence directly south of my property has an enclosed addition (permanent) with very similar setback footage as my patio. I believe this was approved by the City without a vanance. B. That the special conditions and circumstances do not result trom the actions of the applicant. Response: The screen room was built without the benefit of an approved permit. The appropriate permit application and fees were submitted prior to construction. However, the contractor was not aware of the 25 ft setback requirement and initiated construction prior to notice of the permit being denied. This is an after-the-fact request for a variance. In the aftermath of the recent hurricane season, the cost to make the necessary modifications to come into compliance has greatly increased. Currently proposed changes to the 25 ft setback standard in the Land Development Regulations may provide relief. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Response: The setback standards in the City's Land Development Regulations are currently under review. The City is revisiting the setback standards in an effort to better facilitate neighborhood revitalization. This may be in response to increased improvements being made to existing homes. At the time of submittal of this application, the rear setback standard requirement is being proposed for change from 25 ft to 20 ft. In addition, the Planning and Zoning Division will have the discretion to grant another 5 ft Smith Residence Variance Page 2 of2 EXHIBIT D without a variance. This may reduce the rear setback to as little as 15 ft. These LDR recommendations are scheduled to go before the City Commission in April. Pending the final resolution, this variance may not confer any special privilege. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the tenns of the Ordinance and would work unnecessary and undue hardship on the applicant. Response: Many communities are now being built with zero lot lines, which allow structures to be immediately adjacent to property boundary. My lot is larger than many lots in newer developments, however the existing setback standards for my zoning district restricts the expansion of a structure nearer to or closer to the property boundary. E. That the variance requested represents the minimum required to serve the applicant's needs for the addition. Response: The 10ft setback variance requested would allow the current screen room structure to remain without major modifications. F. That the granting of the variance will be in hannony' with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or othetwise detrimental to the public welfare. Response: The existing structure meets all the applicable building standards and does not present any potential hazards to the adjacent property owners. This is the typical screen room construction and materials that are used throughout south Florida. This screen room withstood the recent hurricane season without any damage. G. Variance to minimum lot area or lot ITontage requirements, that property is not available rrom adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become non-confonning. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Response: Property is located within Golfview Harbor Estates, a R-l-AA Single Family Residential District. Purchase of adjacent lots is not feasible. Purchase of any adjacent lots would not provide relief ITom setback standard. " 'O'._",,~."'·""'."""" T r ,.....""'".,,,...._....,..<,..,',;"'''',,.-'c,;,,.q..,.,.~'^>- .- EXHIBIT "E" Conditions of Approval Project name: Smith Variance File number: ZNCV 05-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Staff recommends approval of the subject variance request contingent upon X the approval of the proposed code amendment (CDRV 05-007 - Special Rear Yard Setback Reduction) to the Land Development Regulations. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be detennined. ~ S:\Planning\SHARED\ WP\PROJECTS\2525 SW 14th Street\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc