Minutes 08-02-05
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, AUGUST 2, 2005, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Vice Mayor
Bob Ensler, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
David Tolces, Assistant City Attorney
Janet Prainito, City Clerk
Absent:
Carl McKoy, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler
Mayor Taylor called the meeting to order at 6:31 p.m. and Reverend Rick Riccardi, Police
Chaplain offered the Invocation. Commissioner Ensler asked the five Marines killed in Iraq be
remembered as he led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor requested to move Legal C.3, a Resolution to approve the Utility Bond, to be
heard after the Consent Agenda items and before the Public Hearings.
2. Adoption
Motion
Commissioner Ensler moved for approval of the agenda, as amended. Vice Mayor McCray
seconded the motion. Motion passed unanimously.
Mayor Taylor asked the minutes reflect Commissioner McKoy is out of the country and not in
attendance.
Minutes
Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
II. OTHER:
A. Informational Items by Members of the City Commission.
III. ANNOUNCEMENTS,
PRESENTATIONS:
COMMUNITY
&
SPECIAL
EVENTS,
&
A. Announcements:
1. Carolyn Sims Annual Family Day Picnic, Saturday, August 6, 2005
at Wilson Park, 211 NW 13th Avenue from 12 - 6 p.m.
Wally Majors, Director of Recreation and Parks, promoted the Carolyn Sims
Annual Family Day Picnic to be held on August 6th from 12 to 6 p.m. at Wilson Park.
The picnic was created to recognize the late Carolyn Sims who worked with the City of
Boynton Beach in the Recreation and Parks Department for over 42 years. The picnic
each year keeps her memory and her efforts throughout her life warm in our hearts.
There will be many family activities and he hoped everyone would join in the event.
2. Vice Mayor Mack McCray has continued the tradition of the
Greater Boynton Beach School Supply Drive which runs through
August 10, 2005. Supplies include NEW pencils, pens, crayons,
notebooks, notebook paper, backpacks, calculators, lunch boxes,
scissors, rulers and glue sticks. Drop off points include City Hall,
Public Library, City Hall in the Mall and Ezell Hester, Jr.
Community Center. The supplies donated will be given to the
schools to distribute.
Wayne Segal, Director of Public Affairs, announced Vice Mayor McCray was
spearheading the school supply drive running through August 10th. The supplies needed
are new pencils, pens, crayons, notebooks, notebook paper, backpacks, calculators,
lunch boxes, scissors, rulers and glue sticks. He indicated drop off points include City
Hall, the Public Library, City Hall in the Mall and the Hester Center.
Vice Mayor McCray echoed the need for school supplies to help the students, citizens of
Boynton Beach, who are less fortunate than many. Mr. Bressner presented Vice Mayor
McCray with a backpack filled with the school supplies to contribute to the drive. He felt
it was a much needed drive and any contributions would be greatly appreciated.
B. Community and Special Events:
None
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C. Presentations:
1. Proclamations:
None.
2. 2005 Legislative Session Update by Senator Ron Klein.
Senator Ron Klein reported the recent session in Tallahassee had gone well. A larger
budget was available due to Florida's economy continuing to improve. The hurricanes
that swept through the State generated more rebuilding and additional sales tax
revenue from insurance money.
One issue that failed to be addressed during the legislative session was homeowners
insurance. Senator Klein related the Citizens Insurance is a disaster and not working,
with the highest prices for coverage and worst scope of coverage in the State. Citizen's
mismanagement costs every homeowner an additional assessment of between $40 and
$110. Another concern in the insurance industry was the announcement that Allstate,
State Farm and other companies would no longer offer insurance in Florida. They were
canceling some policies, and raising premiums as much as 28%. He pointed out Palm
Beach County had not been struck with a hurricane for fifty years prior to the past
season and yet double digit increases have been ongoing. Order needs to be
established for the insurance industry with a national risk pool such as what the flood
plan has undergone.
Funding was approved for Florida Atlantic University to have a joint medical school with
the University of Miami. The community will benefit over time with residency programs
to be developed at Bethesda, JFK and Boca Community Hospital lifting up the medical
care for the citizens. Resources were also found for the parents of autistic children to
receive training to better deal with autism.
Finally, Senator Klein said he worked to halt the expansion of HOV lanes on 1-95
because most of South Florida drivers do not car pool. Public hearings will be held in
Palm Beach County and he encouraged the citizens to make their opinions known to the
Department of Transportation (DOT).
Senator Klein reminded the Mayor and Commission to bring forth any suggestions or
requests for next year's budget for parks, water and things important to the community,
so the state can set aside funds to help Boynton Beach grow.
Mayor Taylor thanked Senator Klein for his help over the past year. He pointed out the
City does have concerns about parks and water that would be brought to his attention.
Vice Mayor McCray stressed to Senator Klein affordable housing is a serious issue.
Senator Klein responded workforce housing is a problem and he suggested two things.
First, the state receives a huge amount of money each year for doc stamps, a
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transactional tax assessed on the purchase of a home. Those monies should be
available for workforce housing and the communities to match or incentivize developers
to add affordable housing to their projects. Last year the state capped the amount of
money to be spent on affordable housing at $350M statewide. Cities need to bring
creative ideas to the state for the use of the $2B without increasing taxes.
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>
David Zimet, Boynton Beach Faith Based CDC, 2191 N. Seacrest Blvd., spoke on
workforce housing and the Promenade project that has a minimum price for the income
reserved properties set at $238,000 for an 850 sq. ft. apartment. Mr. Zimet did not feel
the price qualified as workforce housing. He felt this was an example of giving subsidies
directly to developers rather than the buyers. A price list of the Promenade workforce
housing units provided by Mr. Zimet is available in the City Clerk's office.
Mike Osborne, Jr., 3712 Coelbs Avenue, addressed the Commission as the blue
collar union steward for Local 1227. He passed out several handouts that are available
in the City Clerk's office. Mr. Osborne indicated he had worked for the City over 17
years and is currently a utility maintenance mechanic senior, working at the east water
treatment plant. He expressed his displeasure with the changes being forced on the
blue collar workers by the City Manager, including changes in on-call pay procedures
and the understaffed situation in the Utilities Department, creating the necessity for
overtime. Mr. Osborne felt the police investigation into the abuse of overtime was
unnecessary and resulted in a finding the accusation was unfounded. He said the union
has asked for a mediator to help negotiate and the City declared an impasse. Mr.
Osborne asked to be paid fairly like other employees and expressed his desire to work
together to make the City an even better place to live.
Rick Smith, 15 Velaire Drive, said he works for the City of Boynton Beach and is the
chief steward for Local 1227. He indicated almost a year has passed from the last
hurricane season and the utility workers have not been paid for their overtime resulting
in grievances going to arbitration costing the taxpayers and union members. Mr. Smith
believed the investigation into the overtime reported by the lift station crew should be
characterized not as a review, but a witch hunt by the City Manager. His written
statements were not attached to the police report and he felt it was against the law and
violates many things. Mr. Smith believed his treatment was unethical, especially in light
of the fact he was cleared from any wrongdoing. Also, the use of a GPS tracking system
on his vehicle was an unfair labor practice and also violated the law. He contended
presently employees are being harassed, intimidated and treated unfairly by
administration. Mr. Smith alleged employees have been demoted without being able to
dispute their case or even meet with supervisors. He contended the City
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was at risk due to cross contamination. He asked to be treated fairly and reminded the
Commission it was not against the law to be a union member.
Tina Smith, 15 Velaire DriveL wanted everyone to know the blue collar workers do
everything possible to assure the City utilities are maintained. According to Ms. Smith
the workers take pride in their work and sacrifice their homes and families to help the
citizens. She felt the City's unwillingness to treat the workers fairly was an indication
the workers did not matter. Ms. Smith maintained the workers should be treated with
respect and dignity.
Joan Grady, 1633 NE 2nd Street, indicated since the hurricanes, she has been trying
to get a tool shed on her property and her drive way fixed. She felt she has been given
a run around from the City, Library and even Dade County. At the present time she has
been told a new survey will be required and she contended the survey she had done in
2002 should be sufficient. Ms. Grady also complained about the lack of proper drainage
in her area. She asserted the response time from the Police Department is too long to
be effective. She purported the entire area was being treated unfairly. A review of the
policies was required in her view because too much was being put on the citizens.
Ann Smith, 4 Velaire Drive, a Boynton Beach employee, spoke on behalf of the utility
workers. She related she volunteered her time to work with the workers during last
year's hurricanes and Hurricane Irene. She praised the work of the utilities workers.
Ms. Smith added she perceived the review done by the City Manager was a witch hunt
and emphasized the police report did not find any misappropriation of overtime. She
asked how much the review cost the Police Department, if all City vehicles would have
GPS systems installed and the cost thereof and why the police did not have the systems.
Ms. Smith wanted to know when the blue collar workers would be paid their hurricane
pay and how much money is being spent to promote core values. She contended the
utility employees had saved the City thousands of dollars.
Julie Simkowski, 655 Los Palmos Park, addressed the Commission regarding the
boat dock built by Shadd Vickery and originally cited by Code enforcement in June,
2003. She believed the City had not directed him to remove the boat dock and in fact
given him extensions to obtain the permit. She wondered why no one had gotten back
to her after her last appearance before the Commission on the same issue. She
reminded the Commission her easement has been blocked by the boat dock for over two
years. Mayor Taylor assured Ms. Simkowski she would get a response.
Herb Suss, Quail Run, said he supported the utility workers and commended their
efforts. As a taxpayer, he demanded the cost figure for the police investigation into the
abuse of overtime be provided and asked if the issue was cleared. In addition, he
wanted an explanation of the accusation regarding retaliation. Ms. Suss asked the
people be given a fair shake and stressed they are entitled to collective bargaining.
Lee Wische, 1302 SW 18th St., spoke regarding the police chief position. He believed
at the last meeting there had been a super majority vote to appoint Assistant Police
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Chief Immler, Chief of Police. Mr. Wische felt the City Manager's need to work with Matt
longer was unreasonable since they have already worked together for seven to nine
years. He asked the Commission to listen to the police, the community and appoint
Interim Chief Immler, Chief of Police.
Sonny Garcia, 1631 NW 3rd Lane, said many of the people residing in the Rolling
Green subdivision have voiced their desire to have Interim Chief Immler appointed Chief
of Police. He contended it would be a waste of the taxpayers money to train someone
else since Interim Chief Immler has been here and knows what is going on. Mr. Garcia
also commended the blue collars workers and their efforts during hurricane season.
Robert Brown, 701 S. Sea crest, questioned the instructions regarding conducting the
Commission meetings and whether the public is entitled to speak on consent agenda
items and proposed resolutions. Mayor Taylor explained a Commissioner would pull any
item for publiC comment. David Tolces, Assistant City Attorney, pointed out the
meetings are public meetings and certain items are designated as public hearing items.
However, not all items at a public meeting are entitled to a public hearing. The
Commission has the right to set its own terms and procedures in determining which
matters are open for public comment. Mayor Taylor indicated if an item is not on for
public hearing and a Commissioner does not pull the item, there is no requirement that
public audience be allowed. Consent agenda is not considered a public hearing.
Commissioner Ensler said in his five years he had never heard of an item not being
pulled if public comment had been requested.
Mr. Brown further questioned the number of interlocal agreements being entered into
with Palm Beach County and cautioned the agreements were adding another
overlapping layer of bureaucracy.
Brian Edwards, 629 NE 9th Avenue, reminded the Commission about his remarks
regarding Interim Chief Immler at the last meeting and reiterated his support of him.
He voiced his opinion regarding the utility workers and based on his experience as a
prior supervisor in the utility department; felt the workers should be compensated for
the work done. Although disciplinary action is sometimes necessary, pitting
departments against each other is very odd when the Police Department had just been
involved in an abuse of overtime or vacation time.
Sergio Casaine, 13 Meadows Park Lane, spoke about an element growing in the
area with youth gangs and an unfortunate stabbing incident at the Boynton Beach Mall.
He felt the situation was very serious and the organized gang element has to be
controlled with the joint efforts of the Police Department and the citizens.
Mayor Taylor commented all the public comments are recorded and all questions will be
answered in writing and copies will be made available for everyone. He added the
negotiations have a procedure that must be followed and the Commission would make
the final decision only if all other avenues of negotiation had failed. On the police chief
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issue, Mayor Taylor pointed out the City runs by a Charter. He stressed that no vote
was taken on the police chief issue. Recommendations were made; however, the
responsibility lies solely with the City Manager to pick the very best person.
Commissioner Ensler remarked the Employee Pension Board has an opening and several
months have passed with no interest. He suggested the employees present pass the
message around to find a volunteer for that Board.
Vice Mayor McCray thanked the employees from the City for having the tenacity to come
before the elected body and express their feelings. He said he appreciated the
individuals and the work they do and supported their efforts.
V. ADMINISTRATIVE:
A. Accept the resignation of Patricia Maitner, a regular member of the Code
Compliance Board.
Motion
Commissioner Ferguson moved to accept the resignation of Patricia Maitner. Vice Mayor
McCray seconded the motion. Motion passed unanimously.
B. Accept the resignation of Kimberlee McGow, a regular member of the Arts
Commission.
Motion
Commissioner Ferguson moved to accept the resignation of Kimberlee McGow. Vice
Mayor McCray seconded the motion. Motion passed unanimously.
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Cemetery Board Alt 1 yr term to 4/06
III Ferguson Code Compliance Board Alt 1 yr term to 4/06
II McCray Education Advisory Board Alt 1 yr term to 4/06
III Ferguson Education Advisory Board Reg 1 yr term to 4/06
IV McKoy Education Advisory Board Alt 1 yr term to 4/06
II Ensler Education Advisory Board Stu 1 yr term to 4/06 (3)
III Ferguson Library Board Alt 1 yr term to 4/06
IV McKoy Library Board Alt 1 yr term to 4/06
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II
Ensler
Employees' Pension Board
Reg
3 yr term to 4/08
Vice Mayor McCray and Commissioners Ferguson and Ensler tabled their appointments due to
lack of applicants.
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. Agenda Preview Meeting - July 15, 2005
2. Regular City Commission Meeting- July 19, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2004-2005 Adopted Budget.
None.
C. Resolutions:
1. 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 to 8/02/05)
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 to 8/02/05)
Motion
Vice Mayor McCray moved to remove item VI.c.1.a and l.b from the table.
Commissioner Ferguson seconded the motion. Motion passed unanimously.
Motion
Vice Mayor McCray moved to table item VI.c.1.a and l.b to September 6th.
Commissioner Ferguson seconded the motion and asked if this would be the final time
the matter would. be tabled.
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Assistant City Attorney David Tolces indicated after discussions with counsel for the
South Central Regional Wastewater Treatment & Disposal Board, the agreement was
being redrafted to allow the Board to retain control over the golf course contracts.
Vote
Motion passed unanimously.
2. Proposed Resolution No. R05-126 RE: Approving and
authorizing the execution of Amendment No. 001 (Exhibit 'A') to
the Interlocal Agreement between the City of Boynton Beach and
Palm Beach County regarding the Lake Worth Lagoon Partnership
Program.
3. Proposed Resolution No. R05-127 RE: Approving
and authorizing the execution of an Agreement for Water Service
Outside the City Limits with Nelson R. Santos & Teresa Santos for
the property at 4700 White Feather Trail, Boynton Beach, FL (13-
45-42, W 160 FT of N 272.25 FT of NW V4 of SE V4 of NW V4).
4. Proposed Resolution No. R05-128 RE: Approving a
three year interlocal agreement between Palm Beach County and
the City of Boynton Beach at an annual cost of $4,000 funded by
the I.T.S. Department Account #001-1510-513-41-10 where the
City can directly access the County's Dialogic Geographic-based
Alert and Notification System.
5. Proposed Resolution No. R05-129 RE: Approving and
authorizing the execution of an Agreement between the City of
Boynton Beach for Joint Participation and Project Funding in the
construction of Lawrence Road, from Boynton Beach Blvd. to
Gateway Blvd. (Palm Beach County Project No. 1999507), and
authorizing expenditures by the City in the amount of
$315,742.00.
6. Proposed Resolution No. R05-130 RE: Approve the
City of Boynton Beach's 2005/2006 Community Development
Block Grant (CDBG) One-Year Action Plan.
D. Ratification of Planning and Development Board Action
None
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E. Ratification of CRA Action:
1. Neelam (fka Schnars) Business Center (NWSP 05-022)
Request for Site Plan approval for a three (3) story, 8,754 square
foot office/retail building in a Mixed Use Low (MU-L) zoning
district.
2. (Intentionally Left Blank)
3. 2625 Lake Drive North (ZNCV 05-003) Request for relief
from the City of Boynton Land Development Regulations, Chapter
2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a twenty-two (22) foot variance,
resulting in a fifty-three (53) foot minimum lot frontage within the
R-1-AA Single family Residential zoning district.
4. 625 NE 15th Place (Deasy Variance) (ZNCV 05-005)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2,
requiring a ten (10) foot side yard setback to allow a six (6) foot
variance, resulting in a four (4) foot side yard setback for a
screen enclosure within the R-1-AA Single family Residential
zoning district.
Mayor Taylor pulled items VI.E.1, 3 and 4 for any public comment.
F. Approve Change Order #1 for the Library Expansion Project in the
amount of $189,963 to cover Contractor's General Conditions costs
caused by the delayed start of the project.
Vice Mayor McCray pulled item VI.F for discussion.
G. Approve Change Order #2 for the Library Expansion Project in the
amount of $85,615 to cover the Contractor's labor and material costs
associated with changing FPL power supply to the Civic Center from
above ground to below ground and installing two conduits for BellSouth
phone lines.
Vice Mayor McCray pulled item VI.G for discussion.
H. Approve $5,000 donation to the Juvenile Transition Center, Inc. ESTEEM
Program, from the state law enforcement trust fund.
Motion
Commissioner Ferguson moved to approve the Consent Agenda items, as amended.
Commissioner Ensler seconded the motion. Motion passed unanimously.
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E. Ratification of CRA Action:
1. Neelam (fka Schnars) Business Center (NWSP 05-022)
Request for Site Plan approval for a three (3) story, 8,754 square
foot office/retail building in a Mixed Use Low (MU-L) zoning
district.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve the matter. Vice Mayor McCray seconded
the motion. Motion passed unanimously.
3. 2625 Lake Drive North (ZNCV 05-003) Request for relief
from the City of Boynton Land Development Regulations, Chapter
2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a twenty-two (22) foot variance,
resulting in a fifty-three (53) foot minimum lot frontage within the
R-1-M Single family Residential zoning district.
Mike Rotek, 2624 Lake Drive North, said the request reduced the 75 foot frontage
in the zoning code for R-1-M by 30%. He felt the request was unreasonable in light
of the fact the property was owned by a corporation, listed for $1.3M and was being
built for profit only. Mr. Rotek pointed out all the other homeowners had built their
homes and met the code requirements.
Assistant City Attorney Tolces swore in all witness who would be testifying or had
testified regarding the matter.
Mike Rumpf, Director of Planning and Zoning, summarized the staff report and
used an aerial photo to better depict the area. He indicated staff prefers to stick with
the original platting as much as possible, but there is a combination of development with
individual lots and combining of lots. There is an inability to expand the lot on two
sides.
Commissioner Ensler emphasized the ordinance recognizes there may be reasons to give
variances and contains a set of seven conditions to be met to give a variance. He asked
Mr. Rumpf to delineate those seven conditions.
Mr. Rumpf said the variances are reviewed against seven special or unique
characteristics unrelated to actions taken by a current applicant. First, circumstances
exist that are peculiar to the land structure or building involved not applicable to other
land, structure or buildings. Second, the special circumstances do not result from the
actions of the applicant. Third, special privileges are not granted to this applicant over
other applicants in the same zoning district. Fourth, liberal interpretations would deprive
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the applicant of rights enjoyed by other properties in the same zoning district. Fifth, it is
the minimum variance to make reasonable use of the land. Sixth, granting the variance
would be in harmony with the general intent and purpose of the regulations. Lastly,
property is not available from adjacent properties to combine and allow for conformity.
Mayor Taylor asked if the variance was requested to construct a single family home on
the lot. Mr. Rumpf understood it was for a single family residence.
Rod Regan, President of Avon Investments, owner of the property said the house
was being built as a residence for him and his wife. The entire frontage is 53 feet and
the setbacks comply. The lot cannot be enlarged because of an easement on the north
and residence to the south. The neighboring lot only has a 47 foot frontage. He said
there was an existing house on the site which was demolished.
Mr. Rotek reiterated all the other homeowners were required to comply and by granting
this request the prior requirements would have no validity. He had to buy two more lots
to come up with the 75 foot frontage for his residence unless they did a remodel. He
contended the lot next door to the request was a total reconstruction and the Building
Department ignored the violation. Mr. Rotek contended even townhomes have been
built in R-1-AA. He asked the variance not be granted.
Motion
Commissioner Ferguson moved to approve the variance. Vice Mayor McCray seconded
the home. Motion passed unanimously.
4. 625 NE 15th Place (Deasy Variance) (ZNCV 05-005)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2,
requiring a ten (10) foot side yard setback to allow a six (6) foot
variance, resulting in a four (4) foot side yard setback for a
screen enclosure within the R-1-AA Single family Residential
zoning district.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve the variance. Vice Mayor McCray seconded
the motion. Motion passed unanimously.
F. Approve Change Order #1 for the Library Expansion Project in the
amount of $189,963 to cover Contractor's General Conditions costs
caused by the delayed start of the project.
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G. Approve Change Order #2 for the Library Expansion Project in the
amount of $85,615 to cover the Contractor's labor and material costs
associated with changing FPL power supply to the Civic Center from
above ground to below ground and installing two conduits for BellSouth
phone lines.
Vice Mayor McCray requested the two items be addressed together. He requested staff
give a presentation on the project in light of new information received by fax.
Commissioner Ensler asked if any other additional costs are going to be requested as
the project is finalized. Vice Mayor McCray suggested the reason for the delay should
be discussed for the benefit of the audience.
Wilfred Hawkins, Assistant City Manager, explained the Boynton Beach Library was
originally bid last year; however, the hurricanes and a change in engineers in the middle
of the project, contributed to a long delay for the project to get started. At this point,
current pricing for materials and labor are being updated. Mr. Hawkins informed the
Commission the shortage of steel and concrete has contributed to price increases world
wide for the construction industry.
Vice Mayor McCray specifically asked for dollar figures for the 10 subcontractors who
had not signed.
Sam Ferreri, Architect for Schenkel Shultz Architecture, said the original bid price
was $5,727,485 with two change orders. One change was for the delay and the second
one was attributable to FP&L and BellSouth provisions. Adding in the two change
orders, the total price of the project would be $5,997,546. He noted the original budget
prior to bid was $6,295,000. The construction company, Sessoms, has estimated the
unsigned contractors cost with a built in escalation figure, including overhead and profit
of $399,855. There were also value engineering items for eliminating remodeling of
staff areas and changes in air conditioning amounting to $175,000. The net result is an
additional $224,855, bringing the total contract price to approximately $6,222,000, still
below the original estimate. Mr. Ferreri felt the numbers were conservative. Within 30
to 60 days all the contracts should be finalized once the project has officially started.
Vice Mayor McCray still felt the reason for the delay had not been fully explained. Mr.
Ferreri reviewed the history of the project. He elaborated the project was to be built
two years ago and the City did not pursue a grant and the project was shelved. Last
year the project was reopened and put out to bid. During the bidding process the civil
engineer was non responsive to completing the comments and another engineer was
hired, at the expense of the architectural firm, to complete the project. Mr. Ferreri
added another delay was a new review required by the Building Department and some
changes in utility requirements. The $189,000 change order was not the fault of the
contractor, but the circumstances of the delay.
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Commissioner Ensler mentioned the information currently indicates subcontractors have
not been selected and there is a potential escalation over and above the figures
presented for concrete, masonry and fire protection.
Lee Sessoms, Vice President, Sessoms Construction Co., Inc. indicated many of
the subcontractors have been resistant to give estimates more than 30 to 60 days out
due to cost escalations. The numbers presented are the best possible estimates with
the information available.
Commissioner Ferguson asked if the subcontractors listed before would be used or
would competitive bids be sought at this time. Mr. Sessoms replied every attempt has
been made to get the best prices.
Commissioner Ensler asked for a list of all subcontractors not included in the current list
and what the original estimate was to gauge the magnitude of future changes. Mr.
Sessoms would try his best to provide the list; but the $399,000 was his best estimation
of a total number added to avoid any surprises.
Mayor Taylor stressed any $6M project will include change orders. Some contractors
have not locked in yet and the figures submitted are estimations of the cost plus
increases. His concern was any items removed for value engineering should be
reviewed by the Commission. Mr. Sessoms emphasized one year from bid submission to
the start of a project is an exorbitant amount of time for any contractor. Presently the
FP&L line and the BellSouth line are impacting the project's progress.
Commissioner Ensler asked when the contract would become a fixed priced contract.
Mr. Sessoms replied when the project officially starts. Dirt had been moved May 5th,
but the FP&L and BellSouth lines halted any further activity. Commissioner Ensler felt
the library project should move forward, but he wanted an understanding on the total
cost.
Vice Mayor McCray felt the citizens were waiting to use the library and the project
should move forward and was long overdue. Mr. Hawkins indicated with the approval of
the agenda items the project should move forward.
Motion
Vice Mayor McCray moved to approve Change Order #1. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
Motion
Vice Mayor McCray moved to approve Change Order #2. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
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August 2, 2005
XII. LEGAL
C. Resolutions
3. Proposed Resolution No. R05-133 RE: Approving the
refinancing of 1996 Utility Revenue Bond.
(Item taken out of order)
Assistant City Attorney Tolces read Proposed Resolution No. R05-133 by title only.
Mayor Taylor pointed out this would be the only reading of the Resolution.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R05-133. Vice
Mayor McCray seconded the motion. Motion passed unanimously.
Meeting recessed at 8:10 p.m.
Meeting reconvened at 8:24 p.m.
VII. CODE COMPLIANCE & 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
Assistant City Attorney Tolces administered an oath to all those testifying in the public
hearings.
DESCRIPTION:
Condominium Hotels in Mixed Use Districts
(CDRV 05-013)
Staff-initiated
Mixed Use-High Intensity (MU-H) and Mixed Use-
Low Intensity (MU-L) zoning districts.
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
A.
PROJECT:
AGENT:
LOCATION:
15
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
amend the definitions of "Hotel" and "Hotel,
Extended Stay" to include condominium hotel units.
(1st Reading of Proposed Ordinance No. 05-
043)
Mayor Taylor gave a brief explanation of the procedure to be followed.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-043 by title only.
Dick Hudson, Sr. Planner, related the matter had been before the Commission for
permission to take the matter to the Community Redevelopment Agency (CRA) for
review and comment. The matter was heard by the CRA and approved. Mr. Hudson
explained the request is to slightly change the definition of hotel and extended stay
hotel and allow extended stay hotels in the mixed use high district as a permitted use
and in mixed use low as a conditional use. He indicated the industry is seeing a shift to
condo hotel facilities where units are owned by several individuals, under a central
management and the owner can in stay in the unit for a maximum of 180 days per year.
Commissioner Ferguson suggested the Condominium Hotels be a conditional use in the
entire city and not just the mixed use.
Commissioner Ensler asked for assistance in understanding the different types of hotels.
Mr. Hudson replied hotels are usually a limited stay to a maximum of 30 days. Extended
stay hotels allow guests to stay up to three months. The City also recognizes a boutique
hotel which is small and very specialized.
Vice Mayor McCray inquired if the 180 day stay could be manipulated by checking out
and then checking back in. Mr. Hudson indicated no, the 180 days is within a one year
period. The reason for the limit is due to the hotel bed tax the county collects. After
180 days, the room would be considered permanent lodging.
Mr. Hudson further said since the term condo hotel can apply to the shorter term stay
hotels or to extended stay hotels, all hotels would have to be permitted as a conditional
use if the ordinance would be made city wide. The difference is in the type of
ownership.
Mayor Taylor asked Mr. Hudson for his recommendation on making the ordinance city
wide as a conditional use. He recommended it be restricted to the mixed use low and
high, only in the CRA area. Commissioner Ensler felt the issue should be returned to the
Planning and Zoning and the CRA to assure consistency city wide. He also asked if
there could be a potential problem of the hotels being near residential areas. Mr.
Hudson indicated there would be height limitations and required setbacks.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
16
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Assistant City Attorney Tolces said if the Commission requested a change be made to
the applicable districts; the matter will have to come back for another first reading. Mr.
Bressner asked if there was any time issue. Mr. Hudson replied one developer was
already selling condo hotel units. Mayor Taylor suggested the Commission act on the
Proposed Ordinance and ask Planning and Zoning to look at the issue city wide.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-043. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
B.
PROJECT:
005)
AGENT:
OWNER:
LOCATION:
Heritage Club @ Boynton Beach (LUAR 05-
DESCRIPTION:
Michael Weiner, Esq., Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial to
Special High Density Residential (1st Reading of
Proposed Ordinance No. 05-044)
Request to rezone from C- 3 Community
Commercial to PUD Planned Unit Development. (1st
Reading of Proposed Ordinance No. 05-045)
Proposed Use:
Mixed use development containing 19,500 sq. ft. of
commercial development (office, retail, restaurant)
and 166 multi-family residential units.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-044 and Proposed
Ordinance No. 05-045 by titled only.
Michael Weiner, 209 Seacrest Blvd, spoke on behalf of the applicant. He said the
project was an important project to the City and the redevelopment along the Federal
Highway Corridor. Also present were Robert Mathias on behalf of New Century, Jose
Samuels, Architect, Jeffrey Schnars, the Engineer, Hugh Johnson the landscape
architect, and the residential architectural. Mr. Weiner passed out booklets on the
project that is available in the City Clerk's office. Mr. Weiner indicated the project would
be a gateway project with a main street type entrance and retail on street level
including a residential area in the back and to the west. The developer agrees with all
conditions of approval. The existing zoning is C-3 and the request is to change to PUD.
The existing future land use is LRC to be changed to special high density residential. He
indicated a height exception is also pending. The project is consistent with the
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Comprehensive Plan and Land Development Regulations producing the gateway
requested by the City to carry out the eastward ho initiative. Policy 1.13.4, future land
use has been met discouraging urban sprawl. Objective 1.5 has been met encouraging
mixed use projects and Policy 1.16.1 indicating the area should have special high density
residential has been met. Mr. Weiner said the project was consistent with the Federal
Highway Corridor Plan for planning area five. He pointed out the project will have less
traffic for the area due to the 20 foot right-of-ways, including street parking and new
streetscape with orientation on Dixie and on Gulfstream improving those streets and
their orientation to the west. A right hand turn lane will be added also along with
crossing improvements to be done at the developer's expense.
With respect to the height exception, all requirements have been met. Many of the
requirements were suggested by staff to establish the gateway to the City. Mr. Weiner
was proud of the project and thought it was a culmination of the City's effort to attract
this type of development.
Vice Mayor McCray asked if the tenants presently at the site would be relocated. Mr.
Weiner responded they would be relocated. Vice Mayor McCray inquired about the
corner property and business. Mr. Weiner explained the project was designed to piece
in the corner lot if it were to be acquired. At the present time the developer felt the
price being asked was too high.
Dick Hudson, Sr. Planner, said staff recommended approval of the lane use amendment,
rezoning, site plan and height exception.
Mayor Taylor opened the issue to public comment. Assistant Attorney Tolces pointed
out the matter before the Commission was on the Land Use Amendment and rezoning
only.
Herb Suss, Quail Run, said he liked what he saw but asked if any recreational areas
were included in the plans. He also asked about the landscaping and buffer for the side
next to the railroad tracks.
Mr. Weiner answered a club house and pool area is planned.
Jose Samuels, MSA Architects, said the buildings are courtyard buildings and will
have recreational functions in the court yards. In terms of the railroad tracks, the
townhomes will have porches, windows and balconies with the main living areas
oriented away from the railroad tracks to minimize the noise.
Mr. Weiner added the best amenity area would be on main street and the retail area
planned. Mr. Samuels pointed out the townhomes are designed with the garages fed
from alleys from the back. Pedestrian ways will connect the buildings and main street
area and perimeter of the entire site.
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Ingrid Kenemar, 810 Tangerine Way, Place au Soleil, Gulfstream, indicated she
had lived in Boynton Beach for ten years and currently owns a half dozen residential and
commercial projects in the City. She thanked the developers for meeting with the
families at Place au Soleil to explain their project and listen to the concerns and
comments of the residents. She looked forward to visit the main street area. She also
thanked Jim Knight for his efforts. Ms. Kenemar said the development will define the
south end of the City limits.
Mayor Taylor thanked Ms. Kenemar for coming to the Commission and expressing her
support for the project.
Mr. Weiner emphasized the Commission's efforts to redevelop the Federal Highway
corridor has finally paid off with the proposed project.
Mayor Taylor indicated he was excited and proud of the project. Commissioner Ensler
complimented the developer team for a job very well done.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 05-044. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Motion
Vice Mayor McCray moved to approve Proposed Ordinance No. 05-045. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
1. Heritage Club @ Boynton Beach (NWSP 05-014) Request
New Site Plan approval to construct 70 townhouse units, a four
(4) story mixed use building consisting of 84 dwelling units, 3,500
square feet of restaurant, 4,100 square feet of retail, and 5,164
square feet of office. The site plan also includes a three (3) story
mixed use building consisting of 12 dwelling units, 5,394 square
feet of retail, and 1,380 square feet of office, all of which are
proposed on an 8.302 acre parcel zoned PUD Planned Unit
Development.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Motion
Commissioner Ferguson moved to approve the New Site Plan. Vice Mayor McCray
seconded the motion. Motion passed unanimously.
2. Heritage Club @ Boynton Beach (HTEX 05-004) Request for
a height exception of 10 feet pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to
allow the decorative towers to be 55 feet in height, a distance of
10 feet above the 45 foot maximum height allowed in the (PUD)
Planned Unit Development zoning district.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve the Height Exception. Vice Mayor McCray
seconded the motion. Motion passed unanimously.
IX. CITY MANAGER'S REPORT:
None.
x. FUTURE AGENDA ITEMS:
A. Workshop regarding City Hall/Public Safety Space Needs Report (8/30/05)
B. Interlocal Agreement between the City and CRA - Boynton Beach
Promenade extension. (Proposed Resolution No. R05-091) Tabled
to 9/20/05
C. Interlocal Agreement between the City and CRA -- Old High School.
(9/20/05)
D. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I
(9/20/05)
E. Interlocal agreement between the City and CRA for land acquisition in the
Heart of Boynton Beach. (Tabled to 9/20/05)( Proposed Resolution
No. R05-119)
F. City Manager's Evaluation (October 2005)
G. Notification to residential areas of ordinance changes.
Commissioner Ensler asked to add compiling the list of projects to be submitted for state
fund to the Future Agenda item for discussion and to establish priorities. Mr. Bressner
20
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
felt the appropriation requests should be in final form by the middle of September. Each
district has its own procedure but there is a common timeline. He suggested some of
the discussion should be done at the workshop meeting on the 30th for staff's
recommendations on funding opportunities for some of the capital projects. Not only
state funding, but also other funding, may be available for public facilities being
discussed at this time, according to Mr. Bressner.
Mayor Taylor suggested state funding should be listed on the agenda for the CIP
workshop and Commissioner Ensler suggested it also be placed on the Commission
agenda for the second meeting in September.
Vice Mayor McCray asked a date be assigned to item G, notification to residential areas
of ordinance changes. After discussion regarding the status, it was determined the
matter should be assigned a date of September 20, 2005.
XI. NEW BUSINESS:
A. Rights-of-way in PUD - Preliminary review of request to amend the
Land Development Regulations, Chapter 2.5, Section 9, Internal PUD
standards, F. RIGHTS OF WAY to allow secondary roadways within a PUD
to be approved with right-of-way widths of less than 40 feet.
Dick Hudson, Sr. Planner, commented developers have been raising more and more
issues with the PUD regulations limiting right-of-ways widths. He said the regulations
are unclear what would be included in the 40 foot minimum right-of-way regulation.
Engineering had been consulted and the request is to allow approval of narrower widths
when endangerment to health, safety and welfare is not a factor or delivery of City
services. Mr. Hudson indicated staff was asking for permission to take the item to the
P&D and CRA for their review before final approval by the Commission.
Commissioner Ensler offered the item currently does not specify how much less than 40
feet to establish minimums. Mr. Hudson responded it would be a function of what is to
be included in the right-of-way and setting speed limits. He cautioned the width may
vary from project to project.
Jeff Livergood, Director of Public Works and Engineering, pointed out a right-of-
way is different than a roadway, which is the paved surface only. He said developers
were getting very creative how space is assigned in their projects and specifying 40 feet
minimum would restrict their creativity.
Mayor Taylor held consensus was reached and the request could move forward to the
respective boards.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
1. Proposed Ordinance No. 05-029 RE: Amending 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-1),
Neighborhood Commercial District (C-2), Community Commercial
District (C-3), and General Commercial District (C-4), located
within targeted areas of the CRA.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-029 by title only.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-029. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
2. Proposed Ordinance No. 05-039 RE: Annexing :I:
5.5 acres of land to be reclassified and rezoned for development
as part of the Knollwood PUD.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-039 by title only.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-039. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
3. Proposed Ordinance No. 05-037 RE: Amending the
Comprehensive Plan Future Land Use Map from MR-5 Single
Family Residential (Palm Beach County) to LDR Low Density
Residential. (Knollwood II)
Assistant City Attorney Tolces read Proposed Ordinance No. 05-037 by title only.
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-037. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
4. Proposed Ordinance No. 05-038 RE: Rezoning from
AR-Agricultural Residential (Palm Beach County) to PUD Planned
Unit Development. (Knollwood II)
Assistant City Attorney Tolces read Proposed Ordinance No. 05-038 by title only
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-038. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
5. Proposed Ordinance No. 05-040 RE: Rezoning 2.54
acres from R-1-AA Single Family Residential to R-1-A Single Family
Residential (Future Land Use classification to remain Low Density
Residential (LDR)) for the ultimate development of 10 single
family residential lots. (Gerrity)
(Applicant requests postponement to August 16.)
Motion
Commissioner Ferguson moved to table Proposed Ordinance No. 05-040 to August 16,
2005. Commissioner Ensler seconded the motion. Motion passed unanimously.
6. Proposed Ordinance No. 05-041 RE: Amending 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.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-041 by title only.
23
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Vice Mayor McCray noted the Ordinance as read was "45 feet to 60 feet" and the
agenda item reflects "45 feet to 75 feet". Mr. Rumpf apologized for the error on the
agenda. He said the Proposed Ordinance as read was correct. Assistant City Attorney
Tolces pointed out the Ordinance was advertised as "45 feet to 60 feet".
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-041. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
7. Proposed Ordinance No. 05-042 RE: Approving the
Franchise Agreement between the City of Boynton Beach and
Adelphia Communications Corp.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-042 by title only.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-042. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. Motion passed 4-0.
a. Proposed Resolution No. R05-125 RE:
Consenting to assignment and change of control and
consent to assignment of cable system and franchise.
Assistant City Attorney Tolces read Proposed Resolution No. R05-125 by title only.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R05-125. Vice
Mayor McCray seconded the motion. Motion passed unanimously.
B. Ordinances -- 1st Reading
24
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
1. Proposed Ordinance No. 05-046 RE: Amending
Chapter 16, "Parks and Recreation", Article II, "City Parks and
Beaches" by amending Section 16-82 to provide for an increase of
Beach parking permits and related fees and eliminating redundant
language.
Assistant City Attorney Tolces read Proposed Ordinance No. 05-046 by title only.
Vice Mayor McCray requested the price increase be stated for the benefit of the
audience. Mayor Taylor recited the increases for residents would be from $20 a year to
$30 a year. Mr. Bressner added the seasonally non resident fee would increase from
$60 to $90.
Commissioner Ferguson questioned the seasonal non resident rate. He felt the rate
should be increased to at least $100 and asked how many seasonal non resident passes
have been sold. Commissioner Ferguson alleged at some point the non resident passes
may need to be restricted.
Wally Majors, Director of Recreation and Parks, estimated 2% to 3% of the total
number of passes are seasonal non resident passes.
Commissioner Ensler referred to the financial analysis and inquired about the reason for
the drop in revenue in 2004/2005. Mr. Majors replied a solid month was lost during the
hurricane season. Commissioner Ensler was concerned about a possible trend. Mr.
Bressner indicated the prices were last increased in 2001.
Commissioner Ensler pointed out the projected revenues and expenses show a deficit of
approximately $200,000 in the coming year. Commissioner Ferguson contended the
deficit would be offset by the 50% increase in decal cost increasing revenues.
The last time there was a fee increase for non residents at the Senior Center, the result
was less people from outside the City came and the Center could better serve the
residents, according to Commissioner Ensler. He asked what the anticipated benefit
would be to increase the fees.
Mr. Majors replied the benefit would be an increased revenue stream to offset expenses,
although it would not be a 50% increase coinciding with the increased decal cost.
Commissioner Ferguson added the crowds at the beach may also lessen. Mayor Taylor
predicted with the ongoing growth, the demand for the resident decals should increase.
Commissioner Ensler predicted the revenue may increase more than forecasted. Mr.
Majors did point out there are alternative beaches on each side of Boynton's beach area.
Mayor Taylor expressed the major problem was parking. Mr. Bressner mentioned the
trolley system may alleviate some parking congestion.
25
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Herb Suss, Quail Run, said he buys a permit every year and did not object to the
increase cost. He related he is often locked out from using the beach due to insufficient
parking. As a year around resident, he felt the City should make some accommodations
for the full time residents and parking.
Mr. Bressner responded another tier service would need to be added to color code
parking. The City would have to differentiate between seasonal residents who own
property in the City, but are only in the area a few months. The ordinance currently
reads if you own property in Boynton Beach and prove you have residency here for six
months you are deemed a resident with the same sticker.
Assistant City Attorney Tolces read the definition of a resident under the City Code
relating to beach permits. It was clarify owning the property the year round to qualify
for a resident beach decal.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-046. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
C. Resolutions:
1. Proposed Resolution No. R05-131 RE: Authorizing an
agreement with the State Department of Environmental Protection
in furtherance of an approved outdoor recreation project to
develop the Wilson Park property.
Assistant City Attorney Tolces read Proposed Resolution No. R05-131 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-131. Vice Mayor
McCray seconded the motion.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
Vote
The motion passed unanimously.
2. Proposed Resolution No. R05-132 RE: Authorizing an
agreement with the State Department of Environmental Protection
in furtherance of an approved outdoor recreation project to
develop the Jaycee Park property.
26
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
Assistant City Attorney Tolces read Proposed Resolution No. R05-132 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Resolution R05-132. Vice Mayor
McCray seconded the motion.
Mayor Taylor opened the matter for public comment. No one coming forward, the
public audience was closed.
~
The motion passed unanimously.
3. Proposed Resolution No. R05-133 RE: Approving the
refinancing of 1996 Utility Revenue Bond.
(This item was addressed previously in the minutes.)
D. Other:
None.
XIII. UNFINISHED BUSINESS:
A. Building Colors along Major Roadways (CDRV 05-009) Proposal
to amend the Land Development Regulations, Chapters, 4 and 9 to limit
building colors, and require the review/approval for changes to building
colors for buildings located along Boynton Beach Boulevard, Federal
Highway, and Congress Avenue. (Tabled to 8/2/05)
In view of Commissioner McKoy's absence, Mayor Taylor felt the building colors
presentation should be tabled to the August 16th meeting. Vice Mayor McCray
suggested the item be moved up on the agenda when residents are still in attendance at
the meeting instead of last on the agenda. The Commission agreed the item should be
heard earlier in the meeting.
XIV. ADJOURNMENT:
There being no further matters to come before the Commission, Mayor Taylor adjourned
the meeting at 9:24 p.m.
27
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Regular Commission Meeting
Boynton Beach, FL
August 2, 2005
CITY OF BOYNTON BEACH
ATTEST:
~
Commissioner
28
My name is Anne Smith, 4 Velaire Dr., BB. I am the mother of Rick Smith,Chief Union
Steward, and I am a citizen and an employee ofthe City for 30 years.
I am here on behalf of the utility workers. I was able to volunteer my time with these
workers during last year's hurricanes and during hurricane Irene. These workers do an
excellent job for the city, always taking PRIDE in their work, and the citizen's welfare
being their first priority.
I would like to comment on the "Review of Utility Dept. Overtime" as the City Manager
called it. He asked the Police dept to "help review the situation, due to staff shortages in
our Human Resources Department." May I say when Art Lee was the Human Resource
Director, he was able to accomplish his work assignments and take time to listen to the
employees. I perceived this review as a witch hunt against union stewards. The police
dept memo refers to this "review" as an "Overtime Abuse Investigation. To me the
difference in a review and investigation is suspension verses jail time. (the police report
did not find misappropriation of overtime or fraud).
There were possible discrepancies in the report so I have asked the Sgt. to contact Rick
Smith in Utilities for clarification. Also Rick Smiths memo of June 16 was not attached
to this report.
As a taxpayer I have a few questions to ask:
1. How much money from the police department was spent on this review, and how
will the Police Dept. be compensated for this expense.
2. The direction that was given to the Police Dept for this review.
3. If all city vehicles will be having the "automatic vehicle locating system" in
stalled on them, their purpose, and how much these will be costing the taxpayers.
Also why the police do not have these systems, maybe because the police union
didn't want them?
4. When will the blue collar employees be paid for the hurricane of last year
5. How much money is being spent on promoting"Core Values"., meetings etc.
Mr. Bressner, Mr. Livergood, Mr. Jordon these employees are not thieves and have
saved you thousands of dollars. Mr. Boateng I welcome you as the Utilities Director and
assure you, that you have employees who are dedicated to their jobs and the citizens.
I hope management expends more energy working with these employees, listen to their
recommendations, and stop working against them.
SENATOR
RON KLEIN
3333 SOUTH CONGRESS AVENUE -SUITE 305A -DELRAY BEACH, FLORIDA 33445 _ (561) 274-4777 _ (561) 279-1990 FAX
E-MAIL ADDRESS: klein. ron. web@flsenate. gOY
The 2005 Legislative
Session ended as scheduled
on Friday, May 6th. Of the
1215 general bills filed in
the Senate, 175 passed both
chambers and will be acted
on by the Governor. I am
pleased to report to you that
several of the bills I
sponsored and co-sponsored
are among the successful.
The Legislature did not
approve controversial
legislation dealing with the
repeal of the class size
amendment, expansion of
the school voucher program,
Medicaid Reform, or tort
reform. These issues are
sure to reappear in the
future.
Here are some of the
legislative and budget issues
that I successfully worked
on this year:
Florida Atlantic University
and University of Miami
Medical School -
By earmarking $2 million in
the state budget for the
expansion of the Florida
Atlantic University and
University of Miami joint
Medical School program, we
were able to ensure the
continuation of this
important and exciting
program in our community,
which will also include
internships at Boca Raton
Community Hospital, and
solidify FAU's reputation
for high academics and
excellence in educational
opportunities.
Centers for Autism and
Related Disabilities
(CARD) -
In response to a growmg
number of children
diagnosed with autism, this
legislation designates
Florida Atlantic University
as a seventh CARD location.
CARD centers are places
where families with autistic
children can receIve
therapeutic interventions,
services, referrals and other
support they need.
The Dori Slosberg Act -
Named for Representative
Slosberg's daughter who
was killed in a car accident,
this bill makes the failure to
wear a seatbelt a primary
enforcement violation for
drivers younger than 18.
Bicycle Safety -
In tandem with our "Share
the Road" program, this law
requires the Florida
Department of
Transportation to conduct a
study of bicycle paths that
are on or connected to the
State Highway System.
The bill also requires an
implementation plan for
incorporating bicycle paths
on state highways within the
department's five year work
program.
Golf Cart Regulation -
In an effort to improve
safety in our communities,
this bill allows
municipalities to pass
ordinances that would
require drivers of golf carts
to be licensed drivers. State
law allows golf cart drivers
to be as young as 14.
Florida Alliance of
Assistive Services and
Technologies (F AAST) -
This bill details the activities
and composition of the
F AAST Advisory Council,
which is a body dedicated to
providing access to assistive
services and technologies to
the disabled community.
Arthritis Education and
Prevention Act-
On behalf of the 3 million
people in Florida impacted
by arthritis, this legislation
creates a program to
establish a public awareness
campaign by the Department
of Health on over 100 types
of arthritis and ways to
minimize pain and prevent
Injury.
The budget for the State of
Florida is now over $63
billion dollars. Funded in
the budget are several local
projects that I actively
supported, including:
$400,000 for the new
Center for Autism and
Related Disabilities at
Florida Atlantic University.
$157,500 for
Transportation for the
Elderly and Disabled, a
program administered
through the South Palm
Beach County Jewish
Federation that provides
transportation to doctor
appointments, shopping and
social activities for those
who would otherwise be
homebound.
$100,000 for the Caridad
Health Clinic, which
administers health care to
migrant workers and their
families with the help of a
network of physician
volunteers.
$100,000 to assist
Holocaust Survivors with
services they may need as
they become older and more
infirm.
$800,000 to implement a
restoration and management
plan that will create and
restore essential fish and
wildlife habitats and
improve water quality for
the Chain of Lakes, which
is a system of five
interconnected lakes from
West Palm Beach to Delray
Beach.
Should you have any
questions regarding these, or
any other issues from the
2005 Legislative Session,
please do not hesitate to
contact me.
For those of you who may be
traveling this summer,
please have a safe, happy
and healthy vacation. I look
forward to seeing you soon.
July 14,2005
The following is a list of income rdstricted units available at The Promenade, 430 N.
Federal Highway.
50IN -A2
502N - Al
602N - Al
702N -AI
802N -AI
803N -AI
901N - A2i
903N -AI
403S - Al
503S - Al
504S - A3
603S - Al
604S - A3
70IS - A2
702S - Al
$ 249,000
$ 239,000
$ 242,000
$ 245,000
$ 253,000
$ 248,000
$ 255,000
$ 251,000
$ 238,000
$ 239,000
$ 257,000
$ 242,000
$ 254,000
$ 249,000
$ 245,000
If you have qualified buyers please contact:
Cheryl Barbagallo
Promenade
364-4141
Sincerely,
V ivttLV- ~~
Vivian Brooks
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
639 E. Ocean Ave. Ste. 103
Boynton Beach, Fl33435
Office: 561-737-3256 - Fax: 561-737-3258
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
o....'op"'.a\
,&I
Bundln9
Engineering
Occ L1c.nse
Deputy City Cle'~
---=:::::::.-J
PROJECT NAME:
2625 Lake Drive North
APPLICANT'S AGENT:
Mr. Jeff Tomberg, J.D.; P.A.
APPLICANT'S ADDRESS: 626 Southeast 4th Street Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 2, 2005
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot
frontage within the R-1-AA Single-family Residential zoning district.
LOCATION OF PROPERTY: 2625 Lake Drive North
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
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 Applicarit'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
and conditions of this order.
7.
Other
8-S--05
S:\Planning\SHARED\WP\PROJECTS\2625 Lake Drive No \
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D'A I NAGE NOTE'>:
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2425 L-Al<E Dfi: I VE NORTH
OOYNTON eEACH. FL-Ot<:IDA '3435
~ERTIFY TO:
AVON I Nv'f'>Th1ENT'>. INC.
Ll'lITB> 6f:N:'AL- TITL-E 1N">lJ'ANC.E ca.rNN
~ HOOKE!: 4 C~f>NY TITl-E II'VI.JRANC.E A6ENCY. INC.
NOTE,>:
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4. eEA'INfn Af:E .,A'>ED ON TI-E 'fE'>T '/VI L-IN:
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THE ?15NATWRE AND THE ORI51NAL RAI?ED ?EAL- OF A FL-ORIDA L-IGEN?ED ?WRVEYOR
BOUf\VARY C;URVEY
~ THIRTY-ONE (, I I AN:> lHIRTY-T\t'O Oll, IN l-AKE'?IDE 6A1i:D~, A ?\,e-
DIVI>;,ION OF 'THE TOlIN OF ~ON, Fl-ORIDA, A~IN5 TO THE PI-AT OF ?AID
'7t.eD I V I >;, ION RECORDED IN TH: OFF I GE OF 1HE G\..ERK OF 1HE G I RW I T cot.JteT IN
/IN) FOR PALM OEAGH COl.NTY. Fl-ORIDA. IN I"l-AT ~ " AT PA5E 57, /IN) TH:
NOIl:TH l1-<<e:E FEET OF THE 'lE?T 55.5 FEET OF l-OT lHllOY-l1-<<EE (Hl.
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UNIVER~~ ~URVEYIN6 ~Y~TE~, ING.
('EIrr I F I ('ATE ~ AIJTI-t:)R I ZAT I ~ 1IA.t.4'f~ I.f> 5q&4
UZ, L..AKE D~IVE NORTH
flOYNT~~. ~IDA ""',,
OFFI('E: 5~ -7"-04'1 FAX: 5~ -7"-OQ06
00-1 I -033
EXHIBIT C
Application for variance of Rod Regan, Avon Investments, Inc.
Statement of Special Conditions:
A. Special conditions exist which are peculiar to the land which are not applicable
to other land in the same zone and district. Result from the property being platted
prior to the modern zoning codes. This Plat dates back more than 50 years. At
the time the individual lots were platted in 25-foot frontage by 160' depth. The
applicant owns Lots 31 and 32, and has a 3' parcel relating to Lot 33.
B. The special conditions arise from the lot having been previously platted and the
City amending or altering the size frontage requirements for single family
residential lots. The non-conforming use existed prior to the purchase of the
property by the applicant.
C. Granting the variance will not confer on the applicant any special privilege denied
by this ordinance against other lands or structures in the same zoning district, or
simply allow the applicant to build on property he currently owns that previously
had a residence on it.
D. Literal interpretation of provisions of this chapter would deprive the applicant of
the rights commonly enjoyed by other properties in the same zoning district by
precluding him from building on a previously-built residential lot, which at the time
it was originally platted and built upon, the two lots conformed with necessary
zoning codes. Currently the zoning and ordinance in questions requires a 60-foot
frontage, and the applicant does not have 60 front feet.
E. The variance granted is the minimum variance that will make possible the
reasonable use of this property. The reasonable use of this land is for a single
family residence, and without the variance this property is non-conforming
because it does not have the necessary frontage to comply with the ordinance.
F. The granting of the variance is consistent with the purpose of this chapter and the
variance does not change the nature or character of the neighborhood; nor does
it change the nature or character of the lot; nor is it otherwise detrimental to the
public welfare. Granting the variance will permit the applicant to remain consistent
with the nature and character of the existing neighborhood and consistent with the
existing use of the property. It is not injurious to the character of the neighborhood
in any respect.
G. Variance of minimum lot front requirements is not available to be purchased by
the applicant, as the property on Lot 33 currently has a residence on it and the
necessary frontage cannot be acquired by the applicant on the south side. On the
north side there is an easement for ingress and egress to the Lake Worth
waterway which cannot be acquired by applicant. There is no possible way to
acquire sufficient frontage to comply with the zoning code.
~z
EXHIBIT 0
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EXHIBIT "E"
Conditions of Approval
Project name: 2625 Lake Drive North
File number: ZNCV 05-003
Reference"
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Conunents: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY 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\2625 Lake Drive North\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
coverage with the proposed project would be 38.5% or a variance of 3.5%. Staff had not received
any letters in support or denial from the surrounding property owners. Staff recommended that the
project be denied for lack of traditional hardship. The board may wish to consider, however, that an
ordinance to amend the LDR to allow maximum lot coverage of 45% in R-l-M zoning districts had
passed first reading at the City Commission and was scheduled for second reading on July 19, 2005.
If the ordinance passed, this issue would be moot.
Attorney Jeff Tomberg appeared on behalf of the owners, Mr. and Mrs. John Trach. He stated
that there was a pending Code Enforcement issue on this property for the addition of a balcony that
would be between the first and second floor of the home. The variance was being sought because
his clients hired a contractor to put in a balcony, assuming he had pulled the appropriate permits
and gotten the appropriate permissions. The contractor proceeded to erect the balcony. Code
Enforcement notified the Trachs that they were in violation of the City's Code. If the variance were
not granted, it would seem unfair to have the Trachs tear down the balcony now and come back for
a new permit if the new LDR ordinance were approved at the next City Commission meeting. The
Code case had not proceeded to the fine stage and was not going to be heard again until the
September Code meeting.
After discussion by the board, it was decided to continue this item pending Commission action.
Motion
Ms. Horenburger moved to continue request ZNCV 05-002 until the next regularly scheduled CRA
meeting pending Commission action. Vice Chair Tillman seconded the motion that passed 5-0.
2.
Project:
Agent:
Owner:
Location:
Description:
2625 Lake Drive North (ZNCV -05-003)
Jeff Tomberg
Avon Investments, Inc.
2625 Lake Drive North
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a 22-foot variance,
resulting in a fifty-three (53) foot minimum lot
frontage within the R-l-M Single-Family
Residential zoning district.
Eric Johnson, Planner, presented a summary of the request for variance, stating the subject property
is comprised of two lots that form a single parcel, zoned R-l-M. The lots were platted in 1922 as
part of the Lakeside Gardens subdivision. The 0.188-acre parcel is vacant and does not conform to
current R-l-M zoning district regulations related to lot width. The owner applied for a building
permit to construct a new single-family detached dwelling. From a preliminary review, the placement
of the house would comply with Code, except that the lot frontage does not meet the minimum
required by the R-l-M zoning district. According to the Code on non-conforming Lots, the applicant
would meet all of the criteria for being allowed to construct a home without the necessity of a
variance, under these non-conforming provisions, except the applicant has 53 feet of frontage and
not the requisite 60 feet, a deficit of 7 feet. Staff recommended approval of the requested variance
of 22 feet, to reduce the minimum required lot frontage from 75 feet to 53 feet.
Jeff Tomberg, agent for Avon Investments, Inc., asserted that Avon Investments had been
building homes in Boynton Beach for the last eight to nine years. He had built in excess of 100
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
homes in the Cypress Creek community and was in the process of building and rebuilding in Atlantis
Country Club. They believe that this house would be an asset to the community.
Chair Heavilin opened the floor to the public.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, speaking on behalf of the Lakeside
Gardens residents, expressed opposition to the granting of this variance because there was a 30%
difference between the Code and the request.
Chair Heavilin closed the floor to the public since no one else came forward to speak.
Jeff Tomberg stated that the variance should be granted because all of the legal criteria necessary
to allow the variance had been met. The house would comply with all setback and other
requirements.
Chair Heavilin voiced the opinion that the City had a number of lots in the City that were platted
many years ago and did not conform to the current Code. She thought the board should continue to
address the SO-foot lot frontage requests as special cases. The board supported her view.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-003) for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot
frontage within the R-l-AA Single-Family Residential zoning district. Vice Chair Tillman seconded the
motion that passed 5-0.
3.
Project:
625 NE 15th Place (Deasy Variance) (ZNCV 05
05-005)
Maryanne and John Duncan
Maryanne Deasy
625 NE 15th Place
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a ten (10) foot side yard
setback to allow a six (6) foot variance, resulting in
a four (4) foot side yard setback for a screen
enclosure within the R-l-AA Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that the request had been initiated due to the homeowner's
desire to screen an existing pool. The former owner did not take the location into account and as a
result, created a situation that now limits the applicant's ability to construct the enclosure within the
setback regulations. Based on the traditional hardship criteria, staff believed that the variance
request should be denied.
However, the board has previously granted variances for other than hardship criteria, and may want
to consider that: 1) This was not a case where the applicant built the maximum size pool knowing it
would preclude the installation of a screen enclosure and was now requesting to vary the City
regulations to accommodate one; 2) The subject request represents the minimum amount of area
required to screen the pool and deck, based upon the existing improvements; and 3) Staff had not
5
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
"..lhUng
iillgl...rlag
0Ii. Uarie
DeputJ City CIe*
PROJECT NAME: Neelam Business Center.
APPLICANT'S AGENT: Anaheim Properties
APPLICANT'S ADDRESS: 1155 SW 25 th Avenue Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2,2005
TYPE OF RELIEF SOUGHT: Request Site Plan approval for a three (3) story, 8,754 square foot
office/retail building in a Mixed Use Low (MU-L) zoning district.
LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
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
City Clerk
siness Ctr\Patel NWSP 05-022\DO.doc
DATED:
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SCHNARS BUSINESS CENTER
EXHIBIT "A"
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CONDITIONS OF APPROVAL
New Site Plan
Project name: Neelam Business Center (fka Schnars Business Center)
File number: NWSP 05-022
Reference: 1st Review plans identified as a New Site Plan with a July 5,2005 Planning and Zoning: Department
date stamp marking
. II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. A Royal Poinciana is depicted adjacent to the dumpster enclosure and will X
create a vertical conflict with Solid Waste trucks. Please relocate at time of
permitting.
PUBLIC WORKS - Traffic
Comments:
2. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering prior to
issuance of first permit.
3. All work done within the Federal Highway right-of-way shall require FDOT X
approval and permitting.
4. The typical section on Sheet C-l is not in conformance with City Standards X
for pavement sections. Please correct at time of permitting.
ENGINEERING DIVISION
Comments:
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
7. Indicate by note on the Landscape Plan, that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.5 feet and 8
feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.)
8. The provided loading zone may hinder Solid Waste pickup. Collection of X
Solid Waste takes precedence over loading and unloading. If the Loading
Zone is occupied when Solid Waste arrives, trash may not be picked up.
Staff recommends relocating the Loading Zone to accommodate both needs.
9. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
10. 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
COA
07/07/05
2
DEPARTMENTS INCLUDE REJECT
permitting.
II. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
12. Please provide a time line that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
13. No Utility Plan was included with this submittal, therefore the Utilities X
Department considers this plan incomplete as submitted. However, the
proposed Site Plan is an existing site located within the Utilities' service
area, and is located where utility support is available. In addition, this
project has come before this committee when it was initially reviewed and
approved approximately 1 Y2 years ago. Therefore, we are providing only a
cursory review of the proposed Site Plans as submitted at this time.
Additional comments may be required after a Utility Plan has been
submitted.
14. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
15. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
16. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
17. 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
COA
07/07/05
3
DEPARTMENTS INCLUDE REJECT
upon final meter size, or expected demand.
18. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a).
19. 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.
20. PVC material not permitted on the City's water system. All lines shall be X
DIP.
21. 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 permit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
22. The elevator shall be designed to comply with 2001 FBC, Section 3003.4.2. X
The minimum length and width shall be 76"x24" to accommodate a
stretcher in the horizontal position.
23. The elevator shall comply with 2001 FBC, Section 11-4.10 for handicap X
accessibility requirements.
24. A minimum of two (2) exits is required from each level and they shall be X
remotely located per the 2001 FBC, Section 1004.2.1, 1004.1, 1004.1.2,
1004.1.4.
25. Elevators shall not be in a common enclosing shaft with a stairway, and the X
path of travel from one flight of stairs to the next shall not pass directly in
front of elevator doors.
COA
07/07/05
4
DEPARTMENTS INCLUDE REJECT
26. Clearly show access to the first-story tenant. Is it under the stairs? Clarify. X
The minimum clear width between the stairs and the wall of the first floor
tenant space shall comply with 2001 FBC, Table 1004.1.
27. This building is classified as Type II construction. Wood roof and trusses X
are not permitted by code for Type II construction. Read 2001 FBC, Table
500 for compliance.
PARKS AND RECREATION
Comments: NONE X
FORESTERlENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
28. Increase the size of the Sabal Palms to 16- 20 feet of overall height and the X
Montgomery palms to 18-20 feet of overall height.
29. Ensure buffer wall is placed along the entire south property and is extended X
westerly to the proposed dumpster enclosure.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1 NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined. ~
MWR/scS:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Patel NWSP 05-022\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Neelam (fka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc.
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building in a Mixed
Use Low (MU-L) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor for the public, and closed it when no one wished to speak.
Motion
Ms. Horenburger moved approval of NWSP 05-022, Neelam Business Center, request for Site Plan
approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L)
zoning district. Vice Chair Tillman seconded the motion that passed 5-0.
THE MEETING RECESSED FROM 8:06 P.M. TO 8:12 P.M.
D. Condominium Hotels in Mixed Use Districts
Code Review
Description:
Condominium Hotels in Mixed Use Districts
(CDRV 05-013)
Staff-initiated
Mixed-Use High Intensity (MU-H) and Mixed Use
Low Intensity zoning districts
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.
1.
Project:
Agent:
Location:
Dick Hudson, Senior Planner, reviewed this request, stating that the "condo hotel" had become a
popular product in the hotel industry since the project could be financed more like a residential
condominium project. Many local governments are revisiting their LDRs and making revisions to
address this type of project and insure that the facilities truly operate as hotels and not residential
developments. An owner would be limited to a six-month stay per year to assure that individuals do
not take up permanent residence in the units. The condo hotels would probably take the form of an
"extended stay hotel," so City staff is recommending that the City Commission amend the permitted
uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels,"
which would be the likely category to accommodate a condo hotel, are permitted in that district.
Staff recommended approval of this item.
Ms. Horenburger inquired whether the County's Bed Tax would come into play for stays shorter than
six months. Mr. Hudson responded that it would be subject to the Bed Tax because it would be
considered transient lodging.
Ms. Horenburger asked the difference between the condo hotel and the condo with mostly seasonal
residents. Mr. Hudson said that a condo was considered a residence and the residential parking
regulations would apply. A hotel was considered a commercial use. The parking requirements for
condos and hotel condos were very similar (one bedroom condos call for 1.33 per unit and hotel
condos call for 1.25 per unit).
Mr. DeMarco asked if the condo laws would apply to the hotel condos. Mr. Hudson believed it did.
Mr. DeMarco suggested the City contact someone who could give an authoritative answer on this.
12
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Heritage Club
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
AGENT:
Mr. Jason S. Mankoff / Weiner & Aronson, P.A.
AGENT'S ADDRESS:
102 North Swinton Avenue Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2,2005
TYPE OF RELIEF SOUGHT: Request a 15-foot height exception for a mixed-use project on an 8.302-
acre parcel in the Planned Unit Development (PUD) zoning district.
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
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 Applic91nt
~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 Appl~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 property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S:\PlanningISHAREDI WPIPROJECTSIHeritage Club@ Boynton BeachIHTEX 05-004
LOCATION MAP
Heritage Club @ Boynton Beach
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Conditions of Approval
Project name: Heritage Club
File number: HTEX 05-004
Reference: Elevations dated June 14.2005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
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 I
I Comments: None PARKS AND RECREATION I I
X
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Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
Page 2
Heritage Club
File No.: HTEX 05-004
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined. ~
S: IPlanning\SHAREDI WPIPROJECTSIBoynton LoftsIHTEX 05-00 I \COAdoc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
New Site Plan
2.
Project:
Heritage Club at Boynton Beach (NWSP 05-
014)
Michael Weiner, Esquire, Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
3629 South Federal Highway
Request New Site Plan approval in order to
construct 70 townhouse units, a four (4)-story
mixed-use building consisting of 84 dwelling units,
3,500 square feet of restaurant, 4,100 square feet
of retail, and 5,164 square feet of office. The site
plan also includes a three (3)-story mixed-use
building consisting of 12 dwelling units, 5,394
square feet of retail, and 1,380 square feet of
office, all of which are proposed on an 8.302-acre
parcel zoned Planned Unit Development (PUD)
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Heritage Club at Boynton Beach (HTEX 05-
004)
Jason S. Mankoff, Weiner & Aronson, P.A.
Thirty-Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request for a height exception of 10 feet pursuant
to the City's Land Development Regulations,
Chapter 2, Zoning, Section 4.F.2, to allow the
decorative towers to be 55 feet in height, a
distance of 10 feet above the 45-foot maximum
height allowed in the (PUD) Planned Unit
Development zoning district.
Agent:
Owner:
Location:
Description:
All three Heritage Club items were heard simultaneously, since they were integral to the rezoning
request.
Dick Hudson, Senior Planner, reported that the subject property was currently classified as Local
Retail Commercial and zoned Community Commercial. The request is to change the Future Land
Use Map to SpeCial High Density Residential and rezone to Planned Unit Development for the
purpose of building a Mixed Use project containing slightly less than 20K sq. ft. of commercial space,
which includes office, retail, and restaurant space. There are 160 multi-family residential units. Staff
recommends approval for the following reasons:
o The proposed land use amendment and rezoning are consistent with the applicable
Comprehensive Plan policies and also meet the review criteria required for the Land
Development Regulations.
o The project will replace an antiquated and declining strip commercial center with a
mixed-use project that will be an aesthetic and physical improvement at the City's
southern gateway.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
o The project supports the "Eastward Holt Initiative, which emphasizes redevelopment
of the coastal area where infrastructure is already in place as opposed to
encouraging development patterns in the suburban areas to the west.
o The project proposes a sizeable number of residential units in a variety of sizes and
styles, with a commercial portion designed to provide a year-round customer and
employment base, which supports the revitalization of the downtown.
Eric Johnson, Planner, displayed a map that showed the townhouse buildings on the west side and
two mixed-use buildings along Federal Highway. The property in the southeast corner was not part
of the project. The office square footage is 6,544 sq. ft. The retail square footage is 9,494 sq. ft.
Restaurant area is 3,500 sq. ft. There would be 70 townhouse units and 96 mUlti-family units.
The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the
dedication of a right-turn lane into the development from North Federal Highway. Staff reviewed the
project for concurrency with respect to potable water, sanitary sewer, Police/Fire, drainage, and
school and all conditions were met. There are three points of ingress and egress, two on Federal
Highway and a third on Gulfstream Boulevard.
Mr. DeMarco asked Mr. Johnson if the entrances to the property were one-way or two-way, and Mr.
Johnson explained the configuration of the different ingresses and egresses.
Ms. Horenburger asked how people coming from the west on Gulfstream Boulevard would access
the property. The response was that they would have to go north on Federal Highway and make a
U-turn. She asked if there were a plan for a U-turn lane and the response was affirmative. There is
no ingress from Gulfstream Boulevard.
Chair Heavilin inquired about which parking garage the residents would use. Mr. Johnson said that
any shared parking would occur in Building 2. Staff had reviewed the shared parking aspect of the
project and technically, it met the requirements with parking spaces to spare. However, the
applicant had to make the owners aware that they would only have one parking spot. Parking
spaces cannot be designated for just one use in a shared parking scenario. Ms. Horenburger
believed that no parking spot would be designated for the residents and requested clarification.
Mr. Johnson elaborated, saying shared parking occurred in Buildings 1 and 2, but the restaurant
users would only have access to the parking garage in Building 2. Persons living in Building 1 would
have access to a space in the parking garage in Building 1. People in Building 2 would also have
access to a space in Building 2, except that during peak times, there would probably not be any
guest type spaces.
Vice Chair Tillman inquired whether there would be a bottleneck at the turnaround at the end of the
main drive aisle. Mr. Johnson responded that the City's Engineering Department had reviewed it for
turning movements and radii and found no problem.
Mr. Johnson stated that the applicant had been made aware of the shared parking restrictions and
he thought the applicant would be willing to put this in the Homeowners Association documents. Ms.
Horenburger wanted to make awareness of the parking restriction by the residents a condition of
approval.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Jason Mankoff affirmed that they were going to designate twelve of the parking spaces in Building
2 for the twelve units in that Building. Also, they would have documentation in the contract advising
buyers that they would only be guaranteed one space.
Mr. Johnson reviewed the Height Exception. The buildings comply with Code, but there are some
decorative elements that exceed the forty-five foot height maximum height in a PUD. However, the
features of the building that exceed the height limits are interesting and make the whole project
"work. "
Staff felt that the proposed project was good for the City and recommended approval of the Height
Exception and Site Plan.
Chair Heavilin invited the CRA Planner to add her comments at this time. She thought this should
become a regular feature in future hearings.
Vivian Brooks, CRA Planner, had participated in the Technical Review Committee. In spite of having
to work around the use on the southeast corner, the applicant had hidden the garages and actively
addressed Old Dixie Highway, Gulfstream Boulevard, and Federal Highway. All the townhouses
connect with walkways to the sidewalks. They were going to create a community that would,
hopefully, set the trend for the rest of Old Dixie Highway and the other projects that will occur in
that area. She thought the project was interesting architecturally, with no long, unbroken expanses.
They had done a good job and she recommended approval of the project.
Mr. Fenton asked Ms. Brooks to comment on the architectural value of the features that called for
the Height Exception. Ms. Brooks said the features added value to the project to a focal gateway
project in the south. To have something that stands out architecturally was what the City had been
looking for on its gateways. The applicants for the project on Woolbright Road and Federal Highway
were asked to bring that project up in height. She personally liked it.
Mr. DeMarco inquired whether the project would have security and protection from surrounding
uses, particularly the one to the southeast. Ms. Brooks responded that the community was
protected visually and physically since an actual physical structure, Building 2, separated them.
Jason Mankoff of Weiner & Aronson, P.A., 209 N. Seacrest Boulevard, Boynton Beach,
spoke as agent for the project. Robert Mathias, David Biggs, and J. P. DiMisa, principals with the
developer, New Century Companies, were present along with Jim Knight, principal of Thirty-six
Holdings, the current owner of the property and Stuart Debowsky and Jose Samuel with MSA
Architects. Jeffrey Schnars, President of Schnars Engineering, and Hugh Johnson, landscape
architect with Architects Alliance, were in attendance as well. Mr. Mankoff distributed a booklet
summary of the project to the board members and showed visual renderings of the Site Plan to the
board and to the audience. Mr. Mankoff stated that this project was very similar to a successful
project they had completed in Delray Beach.
Stuart Debowsky, project manager of MSA Architects, said they were proud to present this
project to the City. This is a mixed-use project that has 96 condominium units, 84 of which are in
Building 1. The residents in Building 1 have exclusive use of the parking spaces and Building 2 only
has 12 residential units. There are three-story townhouses with 70 units to the west.
They had tried to put together a project resembling a village. The east-west road was meant to
simulate a "main street" concept, with angled parking and a large pedestrian arcade. The applicant
is planning a cafe concept for the corner of Building 1 in support of a theme of street activity, both
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
day and night. They were considering townhouse models with two "fronts," so they would not have
to present their "back" to Old Dixie Highway. They hoped that all the elements they were putting
together would be reminiscent of a village that had come together over a period of years.
Ms. Horenburger asked what they had done to screen the uses to the north of the project. She had
been told there would be a parking garage between the residential and that area and it appears the
residences would be facing it.
Stuart Debowsky said that it was a tough site on all sides: cars on Federal Highway, the train on Old
Dixie Highway, the use to the southeast, and the storage facility on the north. They had created an
access/service road as an adequate buffer. The first unit occurs thirty to forty feet from the edge of
that. Special care had been taken to screen the property on all sides with landscaping, but
especially on the northern boundary. They felt the actual living spaces were set well apart from the
northern border.
Mr. DeMarco asked why they had chosen the name Heritage Club. Mr. Mankoff responded that
there were other Heritage Clubs in Delray Beach and it was like a brand name. In regard to the
property to the south, if they were able to acquire it, they could possibly have a Phase II. Mr.
DeMarco then asked about the price ranges of the units.
Robert Mathias, New Century Companies, said the condo building would have one, two, and
three bedrooms and they would be between $200-400K and the townhouse units would be between
$400-S00K.
Mr. Fenton questioned what kind of noise buffering the developer had in mind for the units next to
the railroad tracks. Mr. Mathias responded they were going to use landscaping and building
materials that would provide an amazing amount of sound insulation. They had developed two
projects close to railroad tracks and they had not had any issues.
Jose Samuels, MSA Architects, commented that the taller features helped to create visual appeal
for the project. Most main streets did not have long buildings with flat tops, but ones of varying
heights.
Marie Horenburger asked staff whether additional density or height would be involved if the
developer were able to obtain the parcel on the southeast corner. She thought this might occur
since the property owner to the southeast was asking an exorbitant amount of money, additional
incentives might be involved.
Mike Rumpf, Planning & Zoning Director, stated that this project had come in under the current land
use and zoning scheme - it solved the problems. To go outside that, because the developer was at
those thresholds, would exceed what the system allows and would be inconsistent with the Corridor
Plan. Prior proposals were well above the current thresholds. Ms. Horenburger thought it would be
nice to have a more cohesive site as the entrance to the City.
Mr. Mankoff stated the applicant agreed to all 71 conditions of approval. He praised staff for their
assistance and cooperation in the planning of this important, gateway project. The applicant added
two conditions based on the discussions at this meeting: 1) designate twelve spaces for the
condominium owners, and 2) provide notice in the condo documents or in the contract at the time of
signing that each of the individual owners would only be guaranteed one space. They believed that
the height was important for the project and that they had met all the requirements for such a
request.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Neelam (fka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc.
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building in a Mixed
Use Low (MU-L) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
11
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
AGENT:
PROJECT NAME:
Heritage Club
Mr. Michael Weiner, Esquire / Weiner & Aronson, P.A.
AGENTS ADDRESS:
102 North Swinton Avenue Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 2, 2005
TYPE OF RELIEF SOUGHT: Request New Site Plan approval in order to construct 70 townhouse units, a
four (4)-story mixed-use building consisting of 84 dwelling units, 3,500 square
feet of restaurant, 4,100 square feet of retail, and 5,164 square feet of office.
The site plan also includes another four (4) -story mixed-use building consisting
of 12 dwelling units, 5,394 square feet of retail, and 1,380 square feet of office,
all of which, are proposed on an 8.302-acre parcel zoned PUD Planned Unit
Development.
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and
recommendation of the Community Redevelopment Agency Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
DATED:
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 Applica/)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
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EXHIBIT "C"
Conditions of Approval
Project name: Heritage Club @ Boynton Beach
File number: NWSP 05-014
Reference: 3rd review plans identified as a New Site Plan with a June 14. 2005 Planning and Zoning
Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. The applicant has indicated that compactors will be used for the mixed-use X
buildings and will be brought out to central areas adjacent to the buildings for
pickup. Please indicate the number and size of these containers so we can
evaluate the required pad sizes and our ability to perform the pickup
operation.
PUBLIC WORKS - Traffic
Comments:
2. Additional right-of-way shall be dedicated to the City, via plat, to provide a X
50-ft. right-of-way width. Reconstruct Old Dixie Highway and Gulfstream
Boulevard to provide two 11-foot wide lanes, curb & gutter, sidewalk,
appropriate green space with landscaping, and necessary signing / striping.
Complete construction plans will be required in conjunction with the plat and
will be reviewed and approved prior to issuance of the Land Development
Permit (LDP). Construction of the required improvements shall be completed
prior to issuance of the final COs for the project as required by the
Amendments to the Building Code. A surety shall be provided for the
required off-site improvements in the amount of 110% of the engineer's
estimate for the off-site work prior to issuance of the LDP.
The applicant shall also provide design plans for reconstruction of the
FECRR / Gulfstream Boulevard crossing, including roadway re-alignment,
curb & gutter, concrete median dividers, striping, and signals. The applicant
shall provide an engineer's estimate for the railroad crossing. The City will
consider sharing the cost of construction of the FECRR crossing. The extent
of cost share is subject to allocation of funds in the City budget for fiscal year
2006/2007.
3. At the time of permitting, delineate and stripe 12-foot x 35 foot loading zones X
for the retail buildings; include a pavement message in yellow indicating "No
Parking - Loading Zone".
ENGINEERING DIVISION
Comments:
4. 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
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DEPARTMENTS INCLUDE REJECT
permitting.
5. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (Chapter 23,
Article II, Section A.1.B.). Further evaluation will occur at the time of
permitting.
6. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
10. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
11. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
12. Show all off-site improvements to the existing water and sewer infrastructure X
as follows:
a. The on-site lift station must be upgraded or replaced so as to
accommodate the added demand and the constraints imposed by site
changes. Existing gravity and pressure flows to the station must be
accommodated in the design.
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DEPARTMENTS INCLUDE REJECT
b. The water system must be connected to the existing 8-in. water main
located on the east side of Federal Highway. In addition, an 8-in. water
main connection must be established from the 12-in. water main located
on the west side of Seacrest Boulevard, to the existing 8-in. line that
terminates on SE 34th Ave. in the vicinity of SE 3rd Court; or an alternate
route may be considered to establish an 8-in. water main connection to
the 12-in. main on Seacrest Boulevard. The intent of the design is to
establish an 8-in. loop from Federal Highway to Seacrest Blvd., thereby
assuring adequate fire protection and domestic supply.
13. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
14. All hydrants shall be in service before any vertical construction. Hydrant X
flow is a minimum 1500 gpm @, 20psi.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
15. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
16. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
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DEPARTMENTS INCLUDE REJECT
18. 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.
19. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. On the site plan and floor plan, indicate the number of stories that are in each X
building including, where applicable, mezzanines. Indicate the overall height
of each building.
22. Add to each building that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units. Also, state the code section that is applicable to the
computations. Show and label the same units on the applicable floor plan
drawings. Compliance with regulations specified in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Requirements,
Title 24 CFR, Part 100.205).
23. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
24. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible parking spaces.
25. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible units and the recreational amenities that are provided for the
project and other common area elements located at the site. The symbol shall
represent the location of the path of travel, not the location of the detectable
warning or other pavement markings required to be installed along the path.
The location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parking vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum width required by the
Code is 44 inches). Add text that would indicate that the symbol represents
the accessible route and the route is designed in compliance with regulations
specified in the Fair Housing Act. Please note that at time of permit review,
the applicant shall provide detailed documentation on the plans that will
verify that the accessible route is in compliance with the regulations specified
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07/07/05
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DEPARTMENTS
in the 2001 FBC. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
INCLUDE REJECT
26. As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides.
27. To properly determine the impact fees that will be assessed for the X
clubhouse/recreation building, provide the following:
a. Will the clubhouse/recreation building be restricted to the residents of
the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the clubhouse/recreation
building.
28. Add to the floor plan drawing of the clubhouse/recreation building a X
breakdown of the floor area. The area breakdown shall specify the total area
of the building, covered area outside, covered area at the entrances, total floor
area dedicated for the clubhouse/recreation building and other uses located
within the building. Specify the total floor area that is air-conditioned. Label
the use of all rooms and floor spaces.
29. 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.
30. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
31. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application.
a. The full name of the project as it appears on the Development
Order and the
Commission-approved site plan.
a. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
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I
DEPARTMENTS INCLUDE REJECT
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
At time of permit review, submit separate surveys of each lot, parcel or tract. For
purposes of setting up property and ownership in the City computer, provide a
copy of the recorded deed for each lot, parcel or tract. The recorded deed shall
be submitted at time of permit review.
32. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
33. 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.
34. 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.
35. Sheet SP-l - Indicate the number of handicapped parking spaces for the retail X
area and the residences and the total number of handicapped spaces provided.
36. Submit a floor plan for the retail, amenity, office, live/work, office/retail X
areas.
37. The elevator shall comply with the 2001 FBC, Section 11-4.10.1. X
38. Submit square footage of parking garages. X
39. According to 2001 FBC, Section 11-4.1.2, "if parking spaces are provided for X
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DEPARTMENTS INCLUDE REJECT
self-parking by employees or visitors, or both, then accessible spaces
complying with 2001 FBC, Section 11-4.6 shall be provided in each such
parking area. Show accessible spaces in all areas. Comply with the 2001
FBC. (Include parallel parking.).
40. The distance of all exterior walls to adjacent buildings/property line lli an area X
of concern. The allowances set forth in the 2001 FBC, Table 600 are for the
percentage of wall openings permitted. This is a life-safety issue. Submit
calculations showing the percentage of wall and wall openings for this
proiect, and clearly show the distances between the buildings.
41. All the single-story dwelling units located in the multi-family building are X
"covered dwelling units" under the Florida Fair Housing Act, and thus must
comply. Indicate on the plan which design option (A or B) is being used for
this proiect and show the required clear floor space for the fixtures.
42. Sheet SP-l - Clarify the type of construction for building #1 under the X
Building Tabulation Table. There is no Type I protected construction in 2001
FBC, Chapter 6.
43. Sheet SP-l notes the parking garages occupancy as "open". This is not a X
correct occupancy type. To be considered "open", the structure shall comply
with all the requirements of the 2001 FBC, Section 411.3.2, 411.3.3, and
411.3.4. As designed, the garage cannot be considered "open". Indicate the
correct occupancy per 2001 FBC, Chapter 3.
44. Clearly show all the setback dimensions from each building to each property X
line. In addition, show the distance between each building on all four sides.
All setback dimensions and distances between buildings are not shown on
SP-1.
45. Clarify the number of surface parking spaces dedicated for building #1 and X
building #2. A handicap accessible parking space is required in each parking
area per the 2001 FBC, Section 11-4.1.2(5)(a). Also, indicate on the plans if
the parking garages are strictly for the use of the residents or for both the
retail/restaurant/office areas and the residents.
46. Provide the occupancy classification and construction type for the clubhouse. X
Comply with 2001 FBC, Chapters 3 and 6.
47. Sheet A 1.1 - The balcony at the clubhouse shall be provided with vertical X
accessibility. This is considered a "common area" and shall comply with the
2001 FBC, Section 11-4.1.3.
48. Submit a tabulation table that clearly reflects each building, number of units X
in each building, the type of units (model type), number of stories in each
building, and square footage per floor.
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DEPARTMENTS INCLUDE REJECT
49. Sheet A-25 indicates a floor plan for a "new townhouse". Submit additional X
information on this unit:
A Model type or model number (identify units).
B Which buildings will contain this structure?
50. Sheet A-6 - Indicate the number of parking spaces on each level of the X
garage.
51. Sheet A-12 - The square footage for units "c" and "DI" does not correlate X
with the square footage listed on Sheet SP-I. Also, identify unit "D" as "D I"
on SP-1.
52. On sheets A26-A32, your calculations for the percentage of openings are X
incorrect. The percentage of openings is based upon Table 600 of the 200 I
FBC and the distance separation of buildings from property lines or assumed
property lines (in the case of multiple buildings on the same lot). Refer to
2001 FBC, Chapter 2 for the term "Property line, assumed", and submit
correct calculations for the percentage of openings.
PARKS AND RECREATION
Comments:
53. Impact Fee: X
70 single family attached units @ $771.00 each = $57,054
96 multi family units @ $656 each = $60,352
TOTAL $ 117,406
Impact fee is due prior to the issuance of the first applicable permit.
FORESTERlENVIRONMENT ALIST
Comments:
54. The Landscape Architect should tabulate the total number of existing trees on X
the site. The plan should indicate where the relocated trees are to be installed
throughout the site. The total diameter inches of trees removed should be
shown as replacement trees on the site landscape plan. These replacement
trees should be shown by a separate symbol on the landscape plan sheet L-5
(Chapter 7.5, Article I Sec. 7.D.p. 2.).
PLANNING AND ZONING
Comments:
55. Approval of this site plan is contingent upon approval of the accompanying X
request for land use amendment / rezoning (LUAR 05-005).
COA
07/07/05
9
DEPARTMENTS
INCLUDE REJECT
56. Approval of this site plan is subject to the approval of the proposed code X
amendment (CDRV 05-011) to allow commercial uses in the PUD Planned
Unit Development zoning district but with the caveat that they front on
exterior or perimeter streets, when such locations are consistent with adopted
redevelopment policies and plans.
57. Based on the Traffic Division's review, it has been determined that the X
residential portion of the proposed mixed-use redevelopment project is
located within the Coastal Residential Exception Areas of Palm Beach
County, while the retail and office components generate less daily and peak
hour trips than the existing retail space which is to be demolished. The
project meets the Traffic Performance Standards of Palm Beach County but
contingent upon the provision of a southbound exclusive right-turn lane onto
the project access driveway on North Federal Highway. No building permits
are to be issued after the build-out date of 2008.
58. Approval of this site plan is subject to the accompanying request for height X
exception (HTEX 05-004).
59. Parking spaces required in this ordinance for one use or structure may be X
allocated in part or in whole for the required parking spaces of another use or
structure if quantitative evidence is provided showing that parking demand
for the different uses or structures would occur on different days of the week
or at different hours. Quantitative evidence shall include estimates for peak
hour / peak season demand based on statistical data furnished by the Urban
Land Institute or an equivalent traffic engineering or land planning and design
organization (Chapter 2, Section 11.H.13.).
60. At the time of permitting, all elevation pages shall indicate the exterior X
finishes, roof material, paint manufacturer's name, and color codes. Staff
recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide
color swatches and awning samples.
61. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade
trees, Palm trees, Shrubs & Groundcover.
62. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This applies to Tree Ligustrum.
63. Staff recommends that a master sign program be provided that shows the X
number, location, dimensions, exterior finish, and color(s) of all signs
(Chapter 2, Section 5.H.9.). The sign program would address all types of
SIgnS, including commercial wall SIgnS, identification signs, residential
subdivision signs, freestanding monument signs, canopy signs, way-finding
signs, directional signs, and all other signs as regulated by Chapter 21 of the
Land Development Regulations.
COA
07/07/05
10
DEPARTMENTS INCLUDE REJECT
64. At the time of permitting, the detail of the typical outdoor freestanding X
lighting fixture must include the proposed color. The applicant informed staff
that the color will be black.
68. All plant material proposed outside the property line must be excluded from X
the plant list in terms of meeting the minimum required landscape
requirement. Revise plant list at the time of permitting.
69. The common areas shall be maintained by an established association. Provide X
documents to confirm same.
70. Staff recommends substituting the Pigeon Plum trees with Florida Royal palm X
trees at the main entrance drive, where the angled street parking spaces. The
heights of these trees shall not conflict with the freestanding outdoor lighting
poles.
71. Staff originally recommended that the site plan provide a full-size clubhouse / X
recreation building within the townhouse portion of the development, in part,
to accommodate homeowner association meetings. However, the developer
informed staff that the meeting rooms (proposed within Building 1) could
accommodate the townhouse owner association meetings and that the
townhouse owners would be authorized to use the meeting rooms once per
month for their association meetings. This is acceptable to staff and
therefore, the condominium documents should reflect this intention.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
72. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
73. To be determined. '1t 1r1l 0
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\NWSP 05-014\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
New Site Plan
2.
Project:
Heritage Club at Boynton Beach (NWSP 05-
014)
Michael Weiner, Esquire, Weiner & Aronson, P .A.
Thirty Six Hundred Holdings, LLC
3629 South Federal Highway
Request New Site Plan approval in order to
construct 70 townhouse units, a four (4)-story
mixed-use building consisting of 84 dwelling units,
3,500 square feet of restaurant, 4,100 square feet
of retail, and 5,164 square feet of office. The site
plan also includes a three (3)-story mixed-use
building consisting of 12 dwelling units, 5,394
square feet of retail, and 1,380 square feet of
office, all of which are proposed on an 8.302-acre
parcel zoned Planned Unit Development (PUD)
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Heritage Club at Boynton Beach (HTEX 05-
004)
Jason S. Mankoff, Weiner & Aronson, P.A.
Thirty-Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request for a height exception of 10 feet pursuant
to the City's Land Development Regulations,
Chapter 2, Zoning, Section 4.F.2, to allow the
decorative towers to be 55 feet in height, a
distance of 10 feet above the 45-foot maximum
height allowed in the (PUD) Planned Unit
Development zoning district.
Agent:
Owner:
Location:
Description:
All three Heritage Club items were heard simultaneously, since they were integral to the rezoning
request.
Dick Hudson, Senior Planner, reported that the subject property was currently classified as Local
Retail Commercial and zoned Community Commercial. The request is to change the Future Land
Use Map to Special High Density Residential and rezone to Planned Unit Development for the
purpose of building a Mixed Use project containing slightly less than 20K sq. ft. of commercial space,
which includes office, retail, and restaurant space. There are 160 multi-family residential units. Staff
recommends approval for the following reasons:
o The proposed land use amendment and rezoning are consistent with the applicable
Comprehensive Plan policies and also meet the review criteria required for the Land
Development Regulations.
o The project will replace an antiquated and declining strip commercial center with a
mixed-use project that will be an aesthetic and physical improvement at the City's
southern gateway.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
o The project supports the "Eastward Holt Initiative, which emphasizes redevelopment
of the coastal area where infrastructure is already in place as opposed to
encouraging development patterns in the suburban areas to the west.
o The project proposes a sizeable number of residential units in a variety of sizes and
styles, with a commercial portion designed to provide a year-round customer and
employment base, which supports the revitalization of the downtown.
Eric Johnson, Planner, displayed a map that showed the townhouse buildings on the west side and
two mixed-use buildings along Federal Highway. The property in the southeast corner was not part
of the project. The office square footage is 6,544 sq. ft. The retail square footage is 9,494 sq. ft.
Restaurant area is 3,500 sq. ft. There would be 70 townhouse units and 96 multi-family units.
The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the
dedication of a right-turn lane into the development from North Federal Highway. Staff reviewed the
project for concurrency with respect to potable water, sanitary sewer, Police/Fire, drainage, and
school and all conditions were met. There are three points of ingress and egress, two on Federal
Highway and a third on Gulfstream Boulevard.
Mr. DeMarco asked Mr. Johnson if the entrances to the property were one-way or two-way, and Mr.
Johnson explained the configuration of the different ingresses and egresses.
Ms. Horenburger asked how people coming from the west on Gulfstream Boulevard would access
the property. The response was that they would have to go north on Federal Highway and make a
U-turn. She asked if there were a plan for a U-turn lane and the response was affirmative. There is
no ingress from Gulfstream Boulevard.
Chair Heavilin inquired about which parking garage the residents would use. Mr. Johnson said that
any shared parking would occur in Building 2. Staff had reviewed the shared parking aspect of the
project and technically, it met the requirements with parking spaces to spare. However, the
applicant had to make the owners aware that they would only have one parking spot. Parking
spaces cannot be designated for just one use in a shared parking scenario. Ms. Horenburger
believed that no parking spot would be designated for the residents and requested clarification.
Mr. Johnson elaborated, saying shared parking occurred in Buildings 1 and 2, but the restaurant
users would only have access to the parking garage in Building 2. Persons living in Building 1 would
have access to a space in the parking garage in Building 1. People in Building 2 would also have
access to a space in Building 2, except that during peak times, there would probably not be any
guest type spaces.
Vice Chair Tillman inquired whether there would be a bottleneck at the turnaround at the end of the
main drive aisle. Mr. Johnson responded that the City's Engineering Department had reviewed it for
turning movements and radii and found no problem.
Mr. Johnson stated that the applicant had been made aware of the shared parking restrictions and
he thought the applicant would be willing to put this in the Homeowners Association documents. Ms.
Horenburger wanted to make awareness of the parking restriction by the residents a condition of
approval.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Jason Mankoff affirmed that they were going to designate twelve of the parking spaces in Building
2 for the twelve units in that Building. Also, they would have documentation in the contract advising
buyers that they would only be guaranteed one space.
Mr. Johnson reviewed the Height Exception. The buildings comply with Code, but there are some
decorative elements that exceed the forty-five foot height maximum height in a PUD. However, the
features of the building that exceed the height limits are interesting and make the whole project
"work. "
Staff felt that the proposed project was good for the City and recommended approval of the Height
Exception and Site Plan.
Chair Heavilin invited the CRA Planner to add her comments at this time. She thought this should
become a regular feature in future hearings.
Vivian Brooks, CRA Planner, had participated in the Technical Review Committee. In spite of having
to work around the use on the southeast corner, the applicant had hidden the garages and actively
addressed Old Dixie Highway, Gulfstream Boulevard, and Federal Highway. All the townhouses
connect with walkways to the sidewalks. They were going to create a community that would,
hopefully, set the trend for the rest of Old Dixie Highway and the other projects that will occur in
that area. She thought the project was interesting architecturally, with no long, unbroken expanses.
They had done a good job and she recommended approval of the project.
Mr. Fenton asked Ms. Brooks to comment on the architectural value of the features that called for
the Height Exception. Ms. Brooks said the features added value to the project to a focal gateway
project in the south. To have something that stands out architecturally was what the City had been
looking for on its gateways. The applicants for the project on Woolbright Road and Federal Highway
were asked to bring that project up in height. She personally liked it.
Mr. DeMarco inquired whether the project would have security and protection from surrounding
uses, particularly the one to the southeast. Ms. Brooks responded that the community was
protected visually and physically since an actual physical structure, Building 2, separated them.
Jason Mankoff of Weiner & Aronson, P.A., 209 N. Seacrest Boulevard, Boynton Beach,
spoke as agent for the project. Robert Mathias, David Biggs, and J. P. DiMisa, principals with the
developer, New Century Companies, were present along with Jim Knight, principal of Thirty-six
Holdings, the current owner of the property and Stuart Debowsky and Jose Samuel with MSA
Architects. Jeffrey Schnars, President of Schnars Engineering, and Hugh Johnson, landscape
architect with Architects Alliance, were in attendance as well. Mr. Mankoff distributed a booklet
summary of the project to the board members and showed visual renderings of the Site Plan to the
board and to the audience. Mr. Mankoff stated that this project was very similar to a successful
project they had completed in Delray Beach.
Stuart Debowsky, project manager of MSA Architects, said they were proud to present this
project to the City. This is a mixed-use project that has 96 condominium units, 84 of which are in
Building 1. The residents in Building 1 have exclusive use of the parking spaces and Building 2 only
has 12 residential units. There are three-story townhouses with 70 units to the west.
They had tried to put together a project resembling a village. The east-west road was meant to
simulate a "main street" concept, with angled parking and a large pedestrian arcade. The applicant
is planning a cafe concept for the corner of Building 1 in support of a theme of street activity, both
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
day and night. They were considering townhouse models with two "fronts," so they would not have
to present their "back" to Old Dixie Highway. They hoped that all the elements they were putting
together would be reminiscent of a village that had come together over a period of years.
Ms. Horenburger asked what they had done to screen the uses to the north of the project. She had
been told there would be a parking garage between the residential and that area and it appears the
residences would be facing it.
Stuart Debowsky said that it was a tough site on all sides: cars on Federal Highway, the train on Old
Dixie Highway, the use to the southeast, and the storage facility on the north. They had created an
access/service road as an adequate buffer. The first unit occurs thirty to forty feet from the edge of
that. Special care had been taken to screen the property on all sides with landscaping, but
especially on the northern boundary. They felt the actual living spaces were set well apart from the
northern border.
Mr. DeMarco asked why they had chosen the name Heritage Club. Mr. Mankoff responded that
there were other Heritage Clubs in Delray Beach and it was like a brand name. In regard to the
property to the south, if they were able to acquire it, they could possibly have a Phase II. Mr.
DeMarco then asked about the price ranges of the units.
Robert Mathias, New Century Companies, said the condo building would have one, two, and
three bedrooms and they would be between $200-400K and the townhouse units would be between
$400-S00K.
Mr. Fenton questioned what kind of noise buffering the developer had in mind for the units next to
the railroad tracks. Mr. Mathias responded they were going to use landscaping and building
materials that would provide an amazing amount of sound insulation. They had developed two
projects close to railroad tracks and they had not had any issues.
Jose Samuels, MSA Architects, commented that the taller features helped to create visual appeal
for the project. Most main streets did not have long buildings with flat tops, but ones of varying
heights.
Marie Horenburger asked staff whether additional density or height would be involved if the
developer were able to obtain the parcel on the southeast corner. She thought this might occur
since the property owner to the southeast was asking an exorbitant amount of money, additional
incentives might be involved.
Mike Rumpf, Planning & Zoning Director, stated that this project had come in under the current land
use and zoning scheme - it solved the problems. To go outside that, because the developer was at
those thresholds, would exceed what the system allows and would be inconsistent with the Corridor
Plan. Prior proposals were well above the current thresholds. Ms. Horenburger thought it would be
nice to have a more cohesive site as the entrance to the City.
Mr. Mankoff stated the applicant agreed to all 71 conditions of approval. He praised staff for their
assistance and cooperation in the planning of this important, gateway project. The applicant added
two conditions based on the discussions at this meeting: 1) designate twelve spaces for the
condominium owners, and 2) provide notice in the condo documents or in the contract at the time of
signing that each of the individual owners would only be guaranteed one space. They believed that
the height was important for the project and that they had met all the requirements for such a
request.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Neelam (fka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc.
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building in a Mixed
Use Low (MU-L) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
11
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
DevelopmQM
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME: 625 NE 15th Place-Deasy
APPLICANT'S AGENT: Maryanne Deasy
APPLICANT'S ADDRESS: 625 NE 15th Place Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.C.2, requiring a ten (10) foot
side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a
screen enclosure in a R-1-AA Single-family Residential zoning district.
LOCATION OF PROPERTY: 625 NE 15th Place
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
7.
DATED:
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 Applic~t
tL 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 Applic9flt's application for relief is hereby
L 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 te
and conditions of this order.
Other
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Intellal M8diCiR8
2601 Flagla Ave.
SuJtc 316
West Palm Beach, Florida 33407
1'h000e 561-655-9170
Fax 561-655-3622
May 16, 2005
Re: MaryAnne Deasey
Ms. Deasey has asked me to write in support of her getting a screened in porch
secondary to her allergies to insect bites. I feel that this would be of significant
benefit for her and any assistance you could render would be appreciated.
If you have any questions or conCerns p~ease feel free to contact me.
"
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TO: CITY OF BOYNTON BEACH
PLANNING & ZONING
BOYNTON BEACH, FL. 33425
PLEASE BE ADVISED WE, ADRIAN H. WINCHELL, TRUSTEE
OF THE ADRIAN H. WINCHELL REVOCABLE LIVING TRUST
AND HELEN J. WINCHELL, TRUSTEE OF THE HELEN J.
WINCHELL REVOCABLE LIVING TRUST, LOCATED AT 635
N.E. 15TH PL. LOT # 16 OF YACHTMANS COVE, BOYNTON
BEACH, FL. HEREBY DO NOT OBJECT TO A SCREENED IN
POOL COVER FOR THE EXISTING POOL, LOCATED AT 625
N.E.15TH PL. LOT # 17 OF YACHTMANS COVE, BOYNTON
BEACH, FL.
ADRIAN H. WINCHELL. TRUSTEE
~ 0I./4uC-4
HELEN J~~~;LL, TRUSTEE
DATED 5/16/05
Page 1
EXHIBIT "0"
EXHIBIT D
May 17,2005
Code Commissioners
City of Boynton Beach, Florida
N OTIC E
As the \Vestem-adjac8nUand-awner.fnthe property ~:at625- NE 151h Place, in
Boynton Beach~ owned by Johtt-andMaryanne ~ 1 hereby declare that I have no
objection to the erection of a screened patio enclosure around the Duncansl existing
SWiullllillQ poot~ despite thefacUhat the enclosure's measurerJ1e(Its do not conform
precisely to the city's regulations relating to the allowable distance from their property's
eastem boor .dal)" tifle.
~..~
~ ~{
(i Cahill
~15 NE 151h Place
Boynton Beach, Florida
EXHIBIT 0
RICHARD F. HARTWIG
620 NE 15TH PL
BOYNTON BEACH, FL 33435
April 17, 2005
To Whom It May Concern:
I have no objection to my neighbors, John and Maryanne Duncan, at 625 NE 15th PL.
building a screen enclosure over their pool.
Sincerely,
~~?~
Richard F. Hardwig
EXHIBIT E
Addendum to Application for Variance for John Duncan and Maryanne Deasy-Duncan.
Page 2. MAY I 8 L005
Question 4
A. That special conditions and circumstanles ~xisL~cn ar~ to the
land, structure or building involved and which are not applicable to other
lands, structures or buildings in the same zoning district;
Special conditions exist in that this is where the pool had been previously
been permitted to be built. The pool construction and the home
construction were completed at the same time (circa 1979). The unique
conditions for variance would not exist if the pool construction were
different.
B. That the special conditions and circumstances do not result from the actions of
the applicant;
These conditions came into existence during the construction of the
residence around 1979. Maryanne and John Duncan purchased the
property in 2004 and Maryanne since 1996.
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;
This is not a special privilege as there are many screened pools and
porches within the area. The screening provides comfort and enjoyment
for all the homes having the structure from the insects that are abundant
in the same area.
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 terms of the Ordinance and would work unnecessary and
undue hardship on the applicant;
The screen enclosure surrounding the pool will block most biting insects
that the owner, Maryanne, is allergic to. (See letter from Dr, MD
Chidester) This will allow her the peaceful and healthful enjoyment of
her home that many other homeowners have within the zoning district.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
The screen structure will be permanently attached to the existing
improvements (refer to Aerial Photo - teal highlighting). No additional
property will be used.
EXHIBIT S
F. That the granting ofthe variance will be in harmony with the general intent and
purpose of this chapter and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare;
The structure will be harmonious with the intent and purpose of the chapter.
Screen Porches and Pool structures generally enhance the value of the
property as evidenced by the sheer number of homes having them. When
reviewing real estate sales advertisements, one will notice the attention to
homes having such structures.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to
become nonconforming. 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.
Our current neighbor has no interest in selling any of his property. If he
were to sell us sufficient property to bring our property into compliance, his
house and pool would no longer be in conformance with the current code.
EXHIBIT "F"
Conditions of Approval
Project name: 625 NE 15th Place - Deasy Variance
File number: ZNCV 05-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\625 NE 15th Place - Deasy\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
homes in the Cypress Creek community and was in the process of building and rebuilding in Atlantis
Country Club. They believe that this house would be an asset to the community.
Chair Heavilin opened the floor to the public.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, speaking on behalf of the Lakeside
Gardens residents, expressed opposition to the granting of this variance because there was a 30%
difference between the Code and the request.
Chair Heavilin closed the floor to the public since no one else came forward to speak.
Jeff Tomberg stated that the variance should be granted because all of the legal criteria necessary
to allow the variance had been met. The house would comply with all setback and other
requirements.
Chair Heavilin voiced the opinion that the City had a number of lots in the City that were platted
many years ago and did not conform to the current Code. She thought the board should continue to
address the 50-foot lot frontage requests as special cases. The board supported her view.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-003) for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot
minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot
frontage within the R-1-AA Single-Family Residential zoning district. Vice Chair Tillman seconded the
motion that passed 5-0.
3.
Project:
625 NE 15th Place (Deasy Variance) (ZNCV 05
05-005)
Maryanne and John Duncan
Maryanne Deasy
625 NE 15th Place
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a ten (10) foot side yard
setback to allow a six (6) foot variance, resulting in
a four (4) foot side yard setback for a screen
enclosure within the R-1-AA Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that the request had been initiated due to the homeowner's
desire to screen an existing pool. The former owner did not take the location into account and as a
result, created a situation that now limits the applicant's ability to construct the enclosure within the
setback regulations. Based on the traditional hardship criteria, staff believed that the variance
request should be denied.
However, the board has previously granted variances for other than hardship criteria, and may want
to consider that: 1) This was not a case where the applicant built the maximum size pool knowing it
would preclude the installation of a screen enclosure and was now requesting to vary the City
regulations to accommodate one; 2) The subject request represents the minimum amount of area
required to screen the pool and deck, based upon the existing improvements; and 3) Staff had not
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
received any letters of objection and had received many letters of support from adjacent property
owners.
Maryanne Deasy, 625 N.E. 15th Place, Boynton Beach, stated that they wanted a screen
enclosure for two reasons: 1) all the debris that blew into their pool after the hurricanes, and 2) her
allergies to insect bites.
Mr. Fenton inquired about the height of the screen enclosure, and Ms. Deasy responded that it
would not be higher than the one-story house. Mr. DeMarco inquired whether other homeowners in
their neighborhood had screen enclosures on their pools, and Ms. Deasy responded that of the eight
or so neighbors with pools, four homes had screened enclosures. Chair Heavilin asked whether
affixing the support posts to the existing concrete would be a violation. Mr. Breese responded that
the Building Department would require special anchors.
Chair Heavilin opened the floor for the public and closed it when no one came forward.
Marie Horenburger felt that this was a self-imposed hardship since they were aware of the situation
when they purchased the property.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-005) for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a ten (10) foot side yard
setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen
enclosure within the R-1-AA Single-Family Residential zoning district. Vice Chair Tillman seconded
the motion that passed 4-1, Ms. Horenburger dissenting.
B. Land Use Amendment/Rezoning
1.
Project:
Heritage Club at Boynton Beach (LUAR 05-
005)
Michael Weiner, Esquire, Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial to
Special High Density Residential; and
Agent:
Owner:
Location:
Description:
Request to rezone from C-3 Community Commercial
to PUD Planned Unit Development
Proposed Use:
Mixed use development containing 19,500 sq. ft. of
commercial development (office, retail, restaurant)
and 166 multi-family residential units
6